ention ETS 30. Unfortunately, the drafting of the text could give rise to interpretations which are contrary to the aim of the legislator.
In order to clarify these questions, my Government has adopted on 10 June 1999 an Emergency Order on the modification of Article 4 of the Law No. 236/1998.
This document, of which a copy is attached in Romanian and in French, foresees the application of Article 20 of the Convention ETS 30 from the point of view of sharing costs between the respective Romanian authorities, ie. the Ministry of Justice, the Prosecutor's Office and the Ministry of the Interior, in accordance with their specific comptences."
Appendix:
GOVERNMENT OF ROMANIA
EMERGENCY ORDER
on the modification of article 4 of the Law No. 236/1998 on the ratification
of the European Convention on Mutual Assistance in Criminal Matters (ETS No. 30), adopted in Strasbourg, on 20 April 1959 and the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters (ETS No. 99), adopted in Strasbourg, on 17 March 1978.
In accordance with Article 114, paragraph 4, of the Constitution of Romania,
The Government of Romania issues the following Emergency Order:
Sole Article: Article 4 of the Law No. 236/1998 on the Ratification of the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 20 April 1959, and the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, done at Strasbourg on 17 March 1978, published in the Official Journal of Romania, first part, No. 492, of 21 December 1998, is modified and will have the following wording:
"Article 4: In application of the provisions of Article 20 of the Convention, the expenses incurred in the execution of requests for mutual assistance, if Romania is the requested Party, as well as the expenses which are to be paid by Romania, if Romania is the requesting Party, shall be borne, as the case may be, by the Ministry of Justice, the Prosecutor's Office or the Ministry of the Interior".
The preceding statement concerns Article(s): 20
Russia:
Reservation contained in the instrument of ratification deposited on 10 December 1999 - Or. Engl./Russ.
In accordance with Article 23, paragraph 1 of the Convention the Russian Federation declares that in addition to the grounds provided for in Article 2 of the Convention assistance may be refused in one of the following cases:
a. if the person who is suspected or accused of an offence in the requesting State stands trial, or was convicted or acquitted in connection with this offence in the Russian Federation or in a third State, or in whose respect in the Russian Federation or in a third State a court decision has been passed not to commence a case or terminate the proceedings, in respect of which the request for assistance has been made;
b. if the criminal proceedings or the enforcement of a sentence are impossible due to the expiration of period of limitation in accordance with the law of the Russian Federation.
Period covered: 9/3/2000 -
The preceding statement concerns Article(s): 2
Reservation contained in the instrument of ratification deposited on 10 December 1999 - Or. Engl./Russ.
In accordance with Article 3 of the Convention the Russian Federation reserves the right to refuse to execute letters rogatory for procuring evidence, if the persons concerned used their right, granted to them by the law of the Russian Federation, not to give any evidence at all or in the relevant case.
Period covered: 9/3/2000 -
The preceding statement concerns Article(s): 3
Reservation contained in the instrument of ratification deposited on 10 December 1999 - Or. Engl./Russ.
In accordance with Article 5 of the Convention th
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