Arestarea provizorie în caz de urgență, anterior primirii de către statul român a cererii de extrădare. Aspecte teoretice și practice
Provisional arrest in case of emergency, prior to the receipt by the Romanian state of the extradition request. Theoretical and practical aspects

Summary/Abstract: The red memo or the dissemination of international prosecution through the channels of the International Criminal Police Organization - Interpol is equivalent to a request for provisional arrest for extradition, if expressly provided in the bilateral treaty or on the basis of reciprocity, against a person located in the territory of the Romanian state and which is being prosecuted, tried for committing a crime or sought in order to execute a punishment or security measures in the requesting state, except for the Romanian citizens, essentially. The fulfillment of the formal conditions provided by law, as well as the condition of double criminality are the criteria taken into account, when solving the request for provisional arrest for extradition, during the emergency procedure. The regularly verification of the measure, within the term provided by law for the communication of the extradition request, ensures its legality.

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