CONSIDERATIONS ABOUT EXTRADITION
CONSIDERATIONS ABOUT EXTRADITION

Summary/Abstract: Extradition is one of the forms of international judicial cooperation in criminal matters which can be defined as the procedure by which a sovereign state (the requested state) agrees to surrender to another state (the requesting state) a person on its territory and who is prosecuted for a crime or is wanted for serving a sentence in the requesting State. The international conventions or the treaties represent international agreements concluded between states and governed by the international law; either they are cosigned in a single instrument, either in two or more annexes, irrespective of their particular denomination. These are bi or multilateral acts resulted from the agreement of the states and are governed by the principle „Pacta sunt servanda”, representing the law of the parties which must be executed in good faith. Concretely in Romania, the extradition was regulated as a law institution, in art. 16-19 of the Criminal Code and in the art. 630-638 of the Procedure Criminal Code, Carol II of 1936, the texts mentioned above just consecrating the principles already known of the international penal law. Nowadays, in our country the extradition is regulated by Law no. 302/2004 relating to international judicial cooperation in penal matters amended by Law no. 224/2006, GEO 103/2006 and Law no. 222/2008, this special law clearly stipulating their substantive and formal issues, fixing also the legal framework in the limits of which can be solicited or admitted, its sources of regulation, as well as the order in which they can be used.

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