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2009 CDP 1 (2009)

handle is hein.journals/crimlwr2009 and id is 1 raw text is: ACTE NORMATIVE RECENTE Legea nr. 222 din 28 octombrie 2008 pentru modificarea §i completarea Legii nr. 302/2004 privind cooperarea judiciard international in materie penal (I) Diana IONESCU ABSTRACT. Act no. 222 of October 28h Amending Law no. 302/2004 on Inter- national Judicial Cooperation in Criminal Matters (I). Act no. 222/2008, amending Law no. 302/2004, was adopted on 30.09.2008 by the Chamber of Deputies as decision-maker and was published in the Official Journal of Romania on 10.11.2008. Article I of the Act brought about 66 changed items, so the said Act may be considered a substantial amendment of the statute on international judicial cooperation in criminal matters. This conclusion is all the more important since certain items consist of a large number of articles, newly introduced in the text of Law no. 302/2004. For instance, item no. 65 contains 50 articles. It is therefore natural that article III of Act no. 222/2008 should entail a revised publication of Law no. 302/2004 in the Official Journal. In the explanatory notes on the Bill of the proposed Act no. 222/2008 there has been enhanced the urge to make the following amendments to Law no. 302/2004: a) including new Framework Decisions of the Council, based on the principle of mutual recognition of judgments in criminal matters: Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence, Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties and Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders; b) improving the legal provisions on the European arrest warrant, by taking into account the suggestions and conclusions of practitioners, following the first months' trial period of this very important instrument ofjudicial cooperation in criminal matters; c) eliminating certain inconsistencies regarding extradition from the law in force. In this first part of the article, the author analyses the legal amendments concerning the mutual assistance, more precisely those referring to institutions such as: extradition, transfer of proceedings in criminal matters, international legal assistance and mutual assistance in the European Union. In a forthcoming issue, the author will discusss the legal amendments referring to the principle of mutual recognition in the European Union namely the European arrest warrant and the implementation of the above-mentioned Framework Decisions into national legislation.

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