Retrial in the case of extradition or surrender under a European Arrest Warrant

The High Court of Cassation and Justice has ruled that, pursuant to art. 522 ind. 1 para. ( 2 ) Criminal Procedure in relation with art. 406 para. (1) of the Code, the procedure retrial in case of extradition or surrender under a European arrest warrant, the court may order retrial only by the solutions provided in art. 345 Criminal Procedure, consisting of conviction, acquittal or termination of criminal proceedings and cannot order the restitution of case to the prosecutor. The retrial procedure in case of extradition or surrender under a European arrest warrant provided for in art. 522 ind. 1 Criminal Procedure Code, after admitting in principle, the court must ensure the right to a fair trial enshrined in art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and evading the initial proceedings by not showing is to be condemned in absentia can not be a ground for rejecting the request for evidence on the hearing of victims and witnesses. (Decision no. 273 of 28 January 2013 issued by the Criminal Division of the High Court of Cassation and Justice, concerning retrial in case of extradition or surrender under a European Arrest Warrant)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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