TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section I
Statements of the accused person or the defendant

Art. 69 - The statements given by the accused person or defendant during the criminal trial may lead to the truth only to the extent to which they are corroborated with facts and circumstances resulted from all the evidence in the case.

Art. 70 - Before being heard, the accused person or defendant is asked about his/her name, surname, nickname, date and place of birth, name and surname of parents, citizenship, education, military service, working place, occupation, address, criminal antecedents and other data necessary to determine his/her personal situation.

The accused person or defendant is then informed about the deed that makes the object of the case, the right to have a defender, as well as the right not to make any statement, at the same time being informed that everything he declares may be used against him/her as well. If the accused person or defendant makes a statement, he/she is asked to declare everything he/she knows related to the deed and to the accusation in connection to this.

If the accused person or defendant agrees to make a statement, the criminal investigation body, before hearing him/her, asks him/her to write personally a statement related to the guilt he is made responsible of.

Art. 71 - Every accused person or defendant is heard separately.
During the criminal investigation, if there are several accused persons or defendants, each of them is heard without the others attending.

The accused person or defendant is first left to declare everything he/she knows in relation with the case.

The hearing of the accused person or defendant cannot begin by reading or reminding the statements that the latter has previously given in relation with the case.

The accused person or defendant cannot present or read a previously written statement, but he/ she may use notes for details that are difficult to remember.

Art. 72 - After the accused person or defendant has given the statement, he/she may be asked questions in relation with the deed that constitutes the object of the case and with his/her guilt. He/she is also asked about the evidence that he/she considers fit to propose.

Art. 73 - The statements of the accused person or defendant are written down. Each declaration will also include a mention of the hour of the beginning and ending of the hearing of the accused person or defendant. The written statement is read to the accused person or defendant and, if he/she asks, he/she is handed the statement to read it. When he/she agrees with its content, signs on every page and at the end.

When the accused person or defendant cannot or refuses to sign the statement, this will be mentioned in the written statement.

The written statement is also signed by the criminal investigation body that has heard the accused person or defendant or by the president of the panel and by the clerk, as well as by the interpreter, when the declaration has been given through an interpreter.

If the accused person or defendant changes his/her mind about one of his statements or wants to make adding, corrections or specifications, these are written down and signed under the conditions shown in the present article.

Art. 74 - Whenever the accused person or defendant finds himself/ herself in the impossibility to come for a hearing, the criminal investigation body or the court hear him at the place where he/she is, unless it is provided otherwise by the law.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section III
Statements of the witnesses

Art. 78 - The person who knows of any fact or circumstance that may lead to finding the truth in the criminal trial may be heard as witness.

Art. 79 - The person obliged to keep a professional secret cannot be heard as witness in relation to facts and circumstances that he/she learned about while exerting his/her profession, without the approval of the person or institution towards which he/she has the obligation of keeping the secret.

The quality of witness comes before that of defender, in relation with the facts and circumstances that a person learned about before becoming defender or representative of one of the parties.

Art. 80 - The accused person or defendant's spouse and close relatives are not obliged to testify as witnesses.

The judicial bodies will inform the persons mentioned in the above paragraph about this as soon as the provisions of art. 84 paragraph 3 have been satisfied.

Art. 81 – The juvenile may be heard as witness. Up to 14 years old, his/her hearing will be conducted in front of one of his parents or of his/her tutor or of the person to whom he/she has been given for upbringing and education.

Art. 82 - The injured person may be heard as witness, if he/she does not constitute himself/herself as a civil party and will not take part in the trial as victim.

Art. 83 - The person summoned as witness must come at the place and on the day and hour mentioned in the summons and has the duty to declare everything he/she knows in relation to the deeds of the case.

Art. 84 - The witness is first asked about his name, surname, age, address and occupation.
In case of doubt over the witness' identity, this will be established by any means of evidence.

The witness will then be asked whether he/she is spouse or relative of any of the parties and about his/her relations with the latter, as well as whether he/she has suffered any damage as a result of the offence.

Art. 85 - Before being heard, the witness will take the following oath: “I swear to tell the truth and not to hide anything that I know. So help me God!”

While taking the oath, the witness will keep his/her hand on the cross or on the Bible.

The reference to divinity in the oath is changed according to the religious creed of the witness.

For the witness of other religion than Christian, the provisions of par. 2 are not enforceable. The irreligious witness shall take the following oath: “I swear on my honour and conscience to tell the truth and not to hide anything that I know."

The witnesses who, from reasons of conscience or religion, do not take the oath, will utter the following formulation in front of the court: "I oblige myself to tell the truth and not to hide anything that I know."

The situations mentioned in paragraphs 3, 4 and 5 are acknowledged by the judicial body on the basis of the statements given by the witness.

After taking the oath or uttering the formulation stipulated in paragraph 5, the witness will be informed that, by not telling the truth, he commits the offence of false testimony.

All these will be mentioned in the written statement.

The juvenile under 14 years does not take oath; however, he is asked to tell the truth.

Art. 86 - The witness is informed about the object of the case and the deeds and circumstances for whose proof he/she was proposed as witness, being asked to declare everything he/she knows in relation to them.

After the witness has given his statement, he may be asked questions connected to the deeds and circumstances that need to be acknowledged in the case, related to the parties' person, as well as to the way in which he learnt about the things declared.

The provisions of art. 71-74 are enforced accordingly to the witness' hearing.

Art. 86(1) – If there is evidence or solid indications that by declaring the real identity of the witness or his/her place of domicile or residence the life, corporal integrity or freedom of the latter or of another person might be endangered, the witness may be given permission not to declare this information, being attributed a different identity under which to appear in front of the judicial body.

This measure may be disposed by the prosecutor during criminal prosecution and by the court during trial, upon motivated request from the prosecutor, witness or any other entitled person.

The information about the real identity of the witness is mentioned in an official report that will be kept at the prosecutor’s office which performed or supervised the performing of the criminal investigation or, according to the case, at the court, in a special place, in a sealed envelope, in conditions of maxim security. The official report will be signed by the person who handed the request, as well as by the one who disposed the measure.

The documents concerning the real identity of the witness shall be presented to the prosecutor or, according to the case, to the panel of judges, in conditions of strict confidentiality.

In all cases, the documents regarding the real identity of the witness will be introduced in the criminal file only after the prosecutor, by ordinance, or, according to the case, the court, by closing, established that the danger which determined taking measures for witness protection has disappeared.

The statements of witnesses who were attributed another identity, reproduced in the prosecutor’s report, according to art. 86(2) par. 5, as well as the witness’ statement, recorded during trial and signed by the prosecutor present at the witness’ hearing and by the president of the panel, according to art. 86(2) par. 6, thesis I, may serve to finding out the truth only to the extent to which they are corroborated with facts and circumstances resulted from all the evidence in the case.

Other persons who may be heard as witnesses that were attributed another identity are undercover investigators.

Dispositions provided by par. 1-6 are also applied to experts.


Art. 86(2) – In the situations provided by art. 86(1), if there are appropriate technical means, the prosecutor or, according to the case, the court may allow the witness to be heard without actually being present at the place where the criminal investigation body is or in the room where the judgment takes place, through technical means provided in the following paragraphs.

Recording the witness’ statement, in the conditions described at par. 1, will be performed in the presence of the prosecutor.

The witness may be heard through a television network, with the image and voice distorted so as not to be recognised.

The statement of the witness heard, in the conditions stated at par. 1 and 2, are recorded through technical video and audio means and are rendered entirely in written form.

During the criminal investigation, a report is made in which the witness’ statement is accurately rendered and which is signed by the prosecutor present at the witness’ hearing and by the criminal investigation body and kept with the case file. The witness’ statement, transcribed, shall be signed also by the latter and kept in the file set down at the court, in the conditions provided under par. 5.

Video and audio tapes, on which the witness’ statement was recorded, as an original, sealed with the prosecutor’s office seal or, according to the case, to that of the court in front of which the statement was made, are kept in the conditions provided at art. 5. The video and audio tapes recorded during the criminal investigation shall be handed, at the ending of the criminal investigation, to the competent court, together with the case file, and shall be kept in the same conditions.

The provisions of art. 78, 85 and of art. 86 par. 1 and 2 shall be applied accordingly.

Art. 86(3) – The court may admit, upon request from the prosecutor, from the parties or ex officio, the carrying out of a technical expertise regarding the means for hearing the witnesses, in the conditions provided under art. 86(2).

Art. 86(4 )– In the cases regarding violence offences between the members of the same family, the court may dispose the witness under 16 years old shall not be heard in the courtroom, allowing the presentation of a previously performed, as audio-video recordings, in the conditions provided under art. 86(2) par. 2, 4, 5 and 7.

Art. 86(5) – The prosecutor who performs or supervises the criminal investigation or, according to the case, the court may dispose that the police units supervise the witness’ domicile or residence or to ensure for the latter a temporary supervised residence, as well as to accompany him/her to the prosecutor’s office or to court and back to the place of residence or domicile.

The measures provided at art. 1 will be eliminated by the prosecutor or, according to the case, by the court, when they decide that the danger which imposed them has disappeared.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section V
Writings

Written means of evidence
Art. 89 - Documents may serve as means of evidence if they contain reference of deeds or circumstances that may contribute to revealing the truth.

Art. 89(1) – The forms in which any statement is to be recorded, at the stage of criminal prosecution, shall be recorded and numbered beforehand, as forms with a special status, and after filling in, will be introduced in the case file.

The official report as means of evidence
Art. 90 - The official reports drawn up by the criminal investigation body or by the court are means of evidence.

The official reports and acknowledgment papers drawn up by other bodies are also means of evidence, if the law stipulates so.

The contents and form of the official report
Art. 91 - The official report must include :

a) the date and the place where it is drawn up ;
b) the name, surname and position of the person who draws it up ;
c) the names, surnames, occupations and addresses of the assistant witnesses, when they exist ;
d) a detailed description of the things found out, as well as of the measures taken ;
e) the names, surnames occupations and addresses of the persons referred to in the official report, their objections and explanations ;
f) the specifications stipulated by the law for special cases.

The official report must be signed on every page and at the end by the person who draws it up, as well as by the persons mentioned at letters c) and e). If one of these persons cannot or refuses to sign, this will be mentioned in the official report.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section VII
Material probative evidence

Objects as means of evidence
Art. 94 - The objects that contain or bear a trace of the deed committed, as well as any other objects that may serve to reveal the truth may serve as material means of evidence.

Material evidence
Art. 95 - The objects that were used or destined to be used for committing an offence, as well as objects that are the result of an offence are also material means of evidence.

TITLE III
EVIDENCE AND MEANS OF EVIDENCE

CHAPTER III
MEANS OF EVIDENCE

Section VIII
Confiscation of objects and writings.
Performance of searches

Confiscation of objects and writings
Art. 96 - The criminal investigation body or the court must take away the objects or writings that may serve as means of evidence in the criminal trial.

Delivery of objects and writings
Art. 97 - Any natural person or legal person who possesses an object or a piece of writing that may serve as means of evidence must appear and hand it, and take a proof for this, to the criminal investigation body or to the court, at their request.

If the criminal investigation body or the court considers that even a copy of a piece of writing may serve as a means of evidence, it keeps only the copy.

If the object or the writing has a secret or confidential character, the presentation or the delivery is done in circumstances that would ensure keeping the secret or confidentiality.

Retaining and handing over of correspondence and objects
Art. 98 - The court, with the prosecutor's proposal, during the criminal investigation or ex officio, may order that any post or transport office retain and deliver the letters, telegrams or any other correspondence, or the objects sent by the accused person or defendant, or addressed to him/her, either directly or indirectly.

The measure provided at par. 1 is disposed if the conditions shown in art. 91(1) par. 1 are met and according to the procedure provided there.

The retaining and handing over of letters, telegrams or any other correspondence or objects to which par. 1 makes reference may be disposed, in writing, in urgent and fully justified cases , by the prosecutor as well, who is obliged to immediately inform the court about this.

Retained correspondence and objects that have nothing to do with the case are returned to the addressee.

Confiscation by force of objects or writings
Art. 99 – If the object or writing required is not delivered voluntarily, the criminal investigation body or the court order confiscation by force.

During the trial, the order of confiscation by force of objects or writings is communicated to the prosecutor, who takes enforcement measures through the criminal investigation body.

The search
Art. 100 - When the person asked to deliver one of the objects or writings mentioned in art. 98 denies their existence or possession, as well as whenever the search is necessary in order to discover and gather evidence, a search may be ordered.

The search may be domiciliary or corporal.

Domiciliary search may be disposed only by the judge, through motivated closing, during criminal prosecution, upon prosecutor’s request, or during trial.

Domiciliary search is disposed during criminal prosecution in the council room, without summoning of the parties. The participation of the prosecutor is mandatory.

Corporal search may be disposed, according to the case, by the criminal investigation body, by the prosecutor or by the judge.

Domiciliary search may not be disposed before the beginning of the criminal investigation.

Domiciliary search during criminal investigation
Art. 101 - The search ordered during criminal investigation, according to art. 100, is performed by the prosecutor or by the criminal investigation body, accompanied, according to the case, by operational workers.

Domiciliary search during trial
Art. 102 - The court may perform a search on the occasion of a local investigation.
In the other cases, the court's order to perform a search is communicated to the prosecutor, in order to proceed with the search.

The time for making the search
Art. 103 - Confiscation of objects and writings, as well as domiciliary search may be performed between 6 a.m. - 8 p.m., and at other times only in case of flagrante delicto, or when the search is to be performed in a public place. The search begun between 6 a.m. - 8 p.m. may continue during the night.

The search procedure
Art. 104 - The judicial body that will perform the search must prove its identity and, in the cases stipulated by the law, present the authorization given by the prosecutor.

The taking away of objects and writings, as well as domiciliary search are performed in the presence of the person from whom the objects or the writings are taken away, or whose place is searched and, when the person is absent, in the presence of a representative, of a member of the family or of a neighbour, having exertion ability.

These operations are performed by the criminal investigation body in the presence of assistant witnesses.

When the person whose place is searched is held or arrested, he/she will be brought to the search. In case he/she cannot be brought, the taking away of objects and writings, as well as domiciliary search, are performed in the presence of a representative or a member of the family, and, in their absence, in the presence of a neighbour having exertion ability.

Performing domiciliary search
Art. 105 - The judicial body that performs the search has the right to open the rooms or other means of enclosing where the objects or the writings wanted may be found, if the person entitled to open them refuses to do so. The judicial body must limit itself to confiscation of objects and writings connected to the deed committed ; objects and writings whose circulation and possession are forbidden are always taken away.

The judicial body must take measures so that facts and circumstances in the personal life of the person whose place is searched which are not connected with the case are not made public.

Performing corporal search
Art. 106 - Corporal search is performed by the judicial body that ordered it, following the provisions of art. 104 paragraph 1, or by the person appointed by this body.

Corporal search is performed only by a person of the same gender with the person being searched.

Identifying and keeping objects
Art. 107 - Objects and writings are shown to the person from whom they are taken away and to those who assist, in order to be recognized and marked by them in order not to be changed, after which they are labelled and sealed.

The objects that cannot be marked, labelled or sealed are wrapped up or closed, together if possible, after which they are sealed.

The objects that cannot be taken away are attached and left to be kept, either by the person who has them or by a custodian.

Tests for analysis are taken at least twice and are sealed. One test is left with the person from whom they are taken or, in his/her absence, with one of the persons mentioned in art. 108, final paragraph.

Official report for search and confiscation of objects and writings
Art. 108 - An official report is drawn up mentioning the performance of the search and confiscation of objects and writings.

The official report must include, besides the specifications stipulated in art. 91, the following: place, date and circumstances in which the writings and the objects have been found and taken away, a list and detailed description of these, in order to be recognized.

The objects that have not been taken away, as well as those left for keeping are also mentioned in the official report.

A copy of the official report is left with the person to whom the search has been performed or from whom the objects or writings have been taken away, with the representative, a member of the family, the persons he lives with or a neighbour and, if such is the case, with the custodian.

Measures regarding confiscated objects
Art. 109 - The criminal investigation body or the court order that the objects or writings taken away, that represent means of evidence are, according to case, attached to the record or kept in another way.

The taken away objects and writings that are not attached to the file may be photographed. In this case, the photos are stamped and attached to the record.

Until the case is finally resolved, material means of evidence are kept by the criminal investigation body or by the court where the record is.

Objects and writings delivered or taken away during the search which are not connected with the case are returned to the person to whom they belong. Confiscated objects are not returned.

The objects that serve as means of evidence, if they are not subject to confiscation, may be returned to the person to whom they belong, even before the trial is finally resolved, unless the return might impede the revealing of the truth. The criminal investigation body or the court informs the person to whom the objects were returned that he/she must keep them until the case is finally resolved.

Conservation or use of confiscated objects
Art. 110 - The objects that serve as means of evidence, if they are among those mentioned in art. 165 paragraph 2 and if they are not to be returned are kept or used according to the provisions of that article.

Special provisions regarding public units and other legal persons
Art. 111 - The provisions in the present section are also enforced accordingly when the procedural acts are performed at a unit among those referred to in art. 145 in the Penal code, provisions completed as follows :

a) the judicial body proves its identity and, according to the case, shows to the representative of the public unit or to another legal person the authorization given ;
b) the confiscation of objects and writings, as well as the search, are performed in the presence of the representative of the unit ;
c) when the presence of assistant witnesses is obligatory, they may be part of the unit staff ;
d) a copy of the official report is left with the representative of the unit.

TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

1. Arrest of the accused person

Arrest of the accused person during criminal investigation
Art. 146 – The prosecutor, ex officio or solicited by the criminal investigation body, when the conditions stipulated in art. 143 are met and there is evidence from which results one of the cases provided at art. 148, if he considers the accused person's arrest to be in the interest of the criminal investigation, and only after hearing the latter in the presence of his/her defender, presents the case file, with the motivated proposal to take the measure of preventive arrest of the accused person, to the president of the court or to the judge delegated by the latter.

The file is presented to the president of the court that would be competent to judge the case at first instance, or of the corresponding court in whose jurisdiction the detention place is, or to the judge delegated by the court president.

At the presentation of the file by the prosecutor, the court president or the delegated judge settle the day and hour for the solution of the proposal for preventive arrest, before the expiry of the 24 hours, in case the accused person is held. The day and the hour are communicated both to the chosen or appointed ex officio defender and to the prosecutor, the latter being obliged to ensure the presence in front of the judge of the accused person confined.

The proposal for preventive arrest is solved in the council room by only one judge, regardless of the nature of the offence.

The accused person is brought in front of the judge and will be assisted by a defender.

The provisions of art. 149(1) par. 6 and of art. 150 are applied accordingly.

The prosecutor’s attendance is obligatory.

After hearing the accused person, the judge immediately admits or rejects the proposal of preventive arrest, through motivated closing.

If the conditions provided at par. 1 are met, the judge orders, by closing, the preventive arrest of the accused person, showing the reasons justifying the preventive arrest and settling its duration, which may not exceed 10 days.

At the same time, the judge, after admitting the proposal, urgently issues an arrest warrant for the accused person. The warrant includes the corresponding specifications mentioned in art. 151 par. 3 letters a) - c), e) and j), as well as the accused person's name and surname and the duration of the preventive arrest.

The provisions of art. 152 par. 1 are applied accordingly.

Recourse may be introduced against the closing, within 24 hours from the passing, for those present, and from the communication, for those absent.

Arrest of the accused person at court
Art. 147 - The court, in the situations shown in the special part, title 11, may order the arrest of the accused person in the cases and conditions stipulated in art 146. When the arrest has been ordered, the president of the panel issues the arrest warrant for the accused person. The accused person arrested is immediately sent to the prosecutor together with the arrest warrant.

TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

2. Arrest of the defendant

Conditions and cases in which the arrest of the defendant is disposed
Art. 148 - The arrest measure may be taken against the defendant if the conditions stipulated in art. 143 are met and only in one of the following cases :

a) the defendant's identity or domicile cannot be clarified without the necessary data ;
b) the offence is flagrant, and imprisonment punishment stipulated by the law is longer than one year ;
c) the defendant has run away or hidden himself with the purpose of escaping the investigation or the trial, or has made preparations to do so, as well as if during the trial, there are signs that the defendant wants to escape the execution of punishment ;
d) there are sufficient data that the defendant has tried to impede the revealing of the truth, by influencing a witness or an expert, by destroying or altering the material means of evidence or by other such acts ;
e) the defendant has committed a new offence or there are data that justify the fear that he might commit other offences ;
f) the defendant is recidivist ;
g) abrogated ;
h) the defendant has committed an offence for which the law stipulates imprisonment for life alternatively with a imprisonment punishment or imprisonment for more than 4 years and there is clear evidence that the release would be too great a danger for the public order ;
i) there are sufficient data or signs which motivate the fear that the defendant will exert pressure on the injured person or will attempt to make an illegal agreement with the latter.

In the cases stipulated at par. 1 letters c)-f) and i), the arrest measure may be taken against the defendant only if the punishment stipulated by the law is imprisonment for life or imprisonment for more than 2 years.

Duration of the defendant’s arrest
Art. 149 - The duration of the defendant's arrest during criminal investigation may not exceed 30 days, except for the case when it is extended under the law. The due time is calculated from the date when the warrant was issued, when the arrest was ordered after hearing the defendant, and in case the arrest was ordered in the defendant's absence, the due time is calculated from the date of execution of the arrest warrant.

When a case is moved in the course of criminal investigation from one investigation body to another, the arrest warrant previously issued remains valid. The duration of the arrest is calculated according to the provisions of the previous paragraph.

Arrest of the defendant during criminal investigation
Art. 149(1) - The prosecutor, ex officio or solicited by the criminal investigation body, when the conditions stipulated in art. 143 are met and there is evidence from which results one of the cases provided at art. 148, if he considers the defendant's arrest to be in the interest of the criminal investigation, and only after hearing the latter in the presence of his/her defender, presents the case file, with the motivated proposal to take the measure of preventive arrest of the defendant, to the president of the court or to the judge delegated by the latter.

The file is presented to the president of the court that would be competent to judge the case at first instance, or of the corresponding court in whose jurisdiction the detention place is, or to the judge delegated by the court president.

At the presentation of the file by the prosecutor, the court president or the delegated judge settle the day and hour for the solution of the proposal for preventive arrest, before the expiry of the preventive arrest warrant of the accused person which became defendant or, in case the defendant is held, until the expiry of the 24 hours of confinement. The day and the hour are communicated both to the chosen or appointed ex officio defender and to the prosecutor, the latter being obliged to ensure the presence in front of the judge of the confined or arrested defendant.

The proposal for preventive arrest is solved in the council room by only one judge, regardless of the nature of the offence.

The defendant is brought in front of the judge and will be assisted by a defender.

In case the defendant is in a state of confinement or arrest according to art. 146 and because of the state of his/her health or because of emergency reasons or necessity he/she cannot appear in court, the arrest proposal will be examined in the absence of the defendant, but in the presence of the defender who is allowed to pass conclusions.

The provisions of art. 150 are applied accordingly.

The prosecutor’s attendance is obligatory.

The judge admits or rejects the proposal of preventive arrest, through motivated closing.

If the conditions provided at par. 1 are met, the judge orders, by closing, the preventive arrest of the defendant, showing the reasons justifying the preventive arrest and settling its duration, which may not exceed 30 days.

The defendant’s arrest may be disposed only for the days left after subtracting from 30 days the period when he/she was previously held or arrested. The preventive arrest of the defendant is ordered before the expiry of the duration of the accused person’s arrest.

The provisions of art. 146 par. 10 and of art. 152 par. 1 are applied accordingly.

Recourse may be introduced against the closing, within 24 hours from the passing, for those present, and from the communication, for those absent.

The provisions of previous paragraphs are applied also for the case when the prosecutor initiates the criminal action before the expiry of the duration of the accused person’s arrest warrant. The accused person’s arrest warrant ceases at the date when the defendant’s arrest warrant is issued.

Hearing the defendant
Art. 150 - The arrest measure may be taken against the defendant only after the prosecutor or the court have heard him, except for the case when the defendant has disappeared, is abroad or escapes from investigation or trial, or is in one of the situations provided at art. 1491 par. 6.

In case the defendant has disappeared, is abroad or escapes from investigation or trial, when the warrant has been issued without hearing the defendant, the latter will be heard as soon as he/she is caught or appears.

Content of the arrest warrant
Art. 151 - Immediately after drawing up the decision ordering the defendant's arrest, the judge issues an arrest warrant.

If the same decision orders the arrest of several defendants, separate arrest warrants are issued for each of them.

The arrest warrant should mention :

a) the court that ordered the arrest measure against the defendant.
b) the date and place of issue ;
c) the name, surname and position of the person who issued the arrest warrant ;
d) the data regarding the defendant, stipulated in art. 70, and his/her identity number ;
e) the deed that makes the object of the accusation and the name of the offence ;
f) the legal framing of the deed and the punishment stipulated by the law ;
g) the concrete reasons leading to the arrest ;
h) the arrest order for the defendant ;
i) the place where the person to be arrested will be kept ;
j) the signature of the judge.

Execution of the warrant
Art. 152 - When the arrest warrant was issued after hearing the defendant, the judge who issued the warrant hands a copy of the warrant to the arrested person, and sends another copy to the police body, in order to be left at the detention place with the arrested person.

When the arrest measure was ordered in the absence of the defendant according to art. 150, the warrant issued is submitted in 2 copies to the police body for enforcement.

The police body arrests the person designated in the warrant, to whom it gives a copy of the warrant, and brings him/her before the judge who issued the warrant.

The judge hears the defendant, and if the latter has objections that need urgent clarifications, he/she immediately settles a trial date.

Objections regarding identity
Art.153 - If the arrested person has objections against the enforcement of the warrant only as far as the identity is concerned, he/she is brought before the court of the place where he/she was found.

When it is necessary, the court asks the judge who issued the warrant for information.

Until the objections are clarified, the court, if it considers there is no danger of disappearance, orders the release of the person against whom the warrant has been enforced.

If the court discovers that the person brought is not the one specified in the warrant, it releases him/her immediately, and if it discovers that the objections are not justified, orders the enforcement of the warrant, according to the provisions of art. 152 paragraph 3.

In the cases provided at par. 1 -3, the court orders through closing, that will also be sent to the judge who issued the warrant.

Not finding the person stipulated in the warrant
Art. 154 - When the person stipulated in the warrant has not been found, the enforcing body draws up an official report by which it acknowledges this and informs the judicial body that issued the warrant, as well as the competent bodies for searching.

Extension of the arrest duration during criminal investigation
Art. 155 - The duration of the defendant's arrest ordered by the court may be extended, during criminal prosecution, for justified reasons, if the reasons which determined initial arrest impose further deprivation of freedom or if there are new reasons to justify the deprivation of freedom.

In the case provided at par. 1, the extension of the defendant's arrest may be ordered by the court who would have the competence to try the case or by the corresponding court in whose territorial area the detention place is located.

Proposal for extension of arrest ordered during criminal investigation
Art. 156 - The extension of the arrest provided at art. 155 is ordered on the basis of the justified proposal of the body that performs the criminal investigation.

The proposal of the criminal investigation body is acknowledged by the supervising prosecutor and forwarded by the latter, with at least 5 days before the expiry of the arrest duration, to the court provided at art. 155 par. 2.

If the arrest was ordered by a court inferior to the one competent to grant the extension, the proposal is forwarded to the competent court.

The proposal is included as annex to the paper informing the court. The paper may also include other reasons justifying the extension of the arrest than those included in the proposal.

When in the same case there are several defendants arrested, whose preventive arrest duration expires at different dates, the prosecutor who informs the court for one of the defendants will inform it about the other defendants as well.

Art. 157 -Abrogated.

Art. 158- Abrogated.

Procedure for extension of arrest ordered during criminal investigation
Art. 159 – The record of the case will be brought by the prosecutor, together with the court notification, at least 5 days before the expiry of the preventive arrest and the defender will be able to consult it.

The proposal of extension of the arrest is solved in the council room, by only one judge, regardless of the nature of the offence.

The defendant is brought before the court and will be assisted by the defender.

In case the arrested defendant is hospitalized and, because of the state of his/her health, cannot be brought before the court, or in other cases when his/her displacement is not possible, the proposal will be examined in the absence of the defendant, but only in the presence of the defender, who is allowed to pass conclusions.

The prosecutor’s attendance is obligatory.

In case the court approves the extension, this cannot exceed 30 days.

The court solves the proposal and takes a decision with regard to the preventive arrest extension, within 24 hours from receiving the file, and communicates the closing to those absent from trial, within the same due time.

The closing by which the arrest extension was decided may be attacked by recourse by the prosecutor or by the defender, within 24 hours from decision passing, for those present and, from decision communication, for those absent. The recourse is solved before the expiry of the preventive arrest duration.

The enforcement of the recourse declared against the closing by which the preventive arrest extension was decided may not be suspended.

The defendant is brought at recourse trial.

The measure disposed by the court is communicated to the administration of the detention place, which must inform the defendant about it.

If the closing of the first instance deciding on the extension of preventive arrest is not attacked by recourse, the court must return the file to the prosecutor within 24 hours from the expiry of the recourse due time.

The judge may also approve other extensions, each of less than 30 days. The provisions of the previous paragraphs are enforced accordingly. The total duration of preventive arrest during criminal investigation may not exceed 180 days.

Maintaining the defendant’s arrest upon receiving the file
Art.160 - When the prosecutor disposes, by charge, the summoning to court of the defendant under arrest, the file is transmitted to the competent court at least 5 days before the expiry of the arrest warrant or, according to the case, of the duration for which extension of the arrest was disposed.

The court, in the council room, proceeds according to art. 300(1).

The defendant’s arrest during trial
Art. 160a – The preventive arrest of the defendant may be ordered during trial, through motivated closing, if the conditions provided at art. 143 are met and if there is one of the cases provided at art. 148.

The closing may be attacked by recourse. The due time for recourse is 24 hours and is calculated from passing the decision, for those present and, from communication, for those absent. The file will be communicated to the recourse court in 24 hours due time, and the recourse is judged in 3 days. The execution of the recourse pronounced against the closing by which arrest was ordered may not be suspended.

The provisions of art. 151 are applied also for the case of the defendant’s arrest during trial.

With regard to the defendant who has previously been arrested in the same case, during criminal prosecution or trial, the same measure may be disposed again, if new clemencies have intervened, which make necessary his/her deprivation of freedom.

Checking related to the defendant’s arrest during trial
Art. 160b – During trial, the court checks periodically, but no later than 60 days, the legality and justification of the preventive arrest.

If the court establishes that the reasons which determined preventive arrest have ceased or there are no new reasons to justify the deprivation of freedom, it orders, through closing, the revocation of preventive arrest and immediate release of the defendant.

When the court establishes that the reasons which determined preventive arrest impose further deprivation of freedom or that there are new reasons that justify the deprivation of freedom, it orders, through motivated closing, the maintaining of preventive arrest.

The closing may be attacked by recourse, the provisions of art. 160a par. 2 being applied accordingly.

Art. 160c – Abrogated.

Art. 160d – Abrogated.

Article 89
Surrender of persons to the Court
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

Article 99
Execution of requests under articles 93 and 96
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.