10. Particularități ale procedurii extrădării pasive în cazul solicitanților de azil
10. Particularities of the procedure of passive extradition in case of applicants for asylum

Summary/Abstract: The status as applicant for asylum confers protection to extradition, but the extradition procedure itself may occur most times in parallel to that for granting asylum to Romania. Provisional arrest, set forth by Art. 43 of Law 302/2004, is a measure of custody related to passive extradition procedure, which may set in case of the extraditable person that applies for asylum, if the specific legal requirements are duly met. The status of applicant for asylum does not preclude the possibility of taking and maintaining this measure, as it has reasons different from those of the application for asylum being admissible in the extradition procedure. In fact, Law no. 122/2006 on asylum in Romania does not exclude the application of specific rules on pre trial arrest in case of applicants for asylum, as opposed to the regulation on the substantive settlement of the application for extradition.

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