Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

Abstract

Currently, the extradition procedure between the European Union member states and the United States of America proceeds in accordance with the stipulations of extradition Agreement signed at Washington DC on June the 25

th 2003. The agreement came into force in Romania together with its adhesion to the European Union on January the 1st 2007. From the beginning of the last century until the adhesion to European Union, the extradition between Romania and the United States of America proceeded in accordance with the 1924extradition Convention. The signing of the extradition Treaty between Romania and United States of America represents a very important document which certifies the direct implication of Romania in the judicial collaboration in criminal matter by preventing and combating the transnational delinquency and punishing the persons who committed various crimes. According to the stipulations of the Agreement with the European Union, the extradition is given for the most part of the crimes provisioned in the legislation of the two states, on condition that the privative of liberty penalty stated in the two countries legislations is at least one year or bigger, and in case of execution of a penalty, the privative of liberty penalty left should be at least 4 months. Also, the extradition should also be provided for when the crime is committed outside the territory of the solicitant state, if other conditions are accomplished and the legislation of the solicitant state allows the application of a penalty for a crime that is committed outside its territory or in similar circumstances. The Treaty allows the extradition of its own citizens, and also of the persons who live on the territory of the solicited state. In the extradition procedure, temporary imprisonment, temporary delivery and postponed delivery, simplified procedure etc., are mentioned as well. Similar to other international judicial instruments, the Treaty also states the situations in which the extradition cannot be given, when the solicited state must inform the solicitant state about the reasons of this decision. The treaty also provides a series of provisions which do not do justice for the Romanian state, so they have been modified and examined, being objectionable, in our opinion, and the proper solution is modifying and completing the concerned normative international act.