Spans in 'Romania - Criminal Procedure Code' tagged with 'Appeal relating to a decision with respect to jurisdiction or admissibility

'Appeal relating to a decision with respect to jurisdiction or admissibility - national proceedings' in document 'Romania - Criminal Procedure Code'

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More information about the keyword 'Appeal relating to a decision with respect to jurisdiction or admissibility - national proceedings'
More information about the document 'Romania - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE IV
PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES

CHAPTER I
PREVENTIVE MEASURES

Section IV
Preventive arrest

2. Arrest of the defendant

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 .

RELEVANT ROME STATUTE PROVISIONS

Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be tried before the Court with
respect to conduct which formed the basis of crimes for which the person has been
convicted or acquitted by the Court.
2. No person shall be tried by another court for a crime referred to in article 5 for
which that person has already been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under
article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless
the proceedings in the other court:
(a) Were for the purpose of shielding the person concerned from criminal
responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance
with the norms of due process recognized by international law and were
conducted in a manner which, in the circumstances, was inconsistent with
an intent to bring the person concerned to justice.

Article 82
Appeal against other decisions
1. Either party may appeal any of the following decisions in accordance with
the Rules of Procedure and Evidence:

(b) A decision granting or denying release of the person being investigated or
prosecuted;