On Monday, the Government adopted two bills for the ratification of the treaties between Romania and the Government of Malaysia on extradition and mutual legal assistance in criminal matters.
The treaty between Romania and the Government of Malaysia on extradition was signed in Kuala Lumpur on December 6, 2021. According to the Executive, by this treaty, Romania and Malaysia undertake to surrender to each other any person in the territory of one of the parties and who is accused of an offense or is being prosecuted for the execution of a custodial sentence imposed by the judicial authorities of the parties. The Treaty provides for the extradition obligation, the extraditable offenses, the grounds for refusal, the rules on the extradition of one's own nationals, the extradition procedure and other provisions.
The Treaty between Romania and the Government of Malaysia on mutual legal assistance in criminal matters was also signed in Kuala Lumpur on December 6, 2021, and it aims to facilitate cooperation between the Romanian and Malaysian judicial authorities, also providing for the possibility of recourse to other forms of assistance, to the extent permitted by the laws of both states.
The document regulates the areas in which the parties are to assist each other, as well as the exempted areas; the location or identification of persons and objects; the issuance of letters rogatory, including hearing by video conference; competent central authorities; the execution of search, seizure and confiscation requests; transmission of documents, evidence and objects.
Provisions are also stipulated as to the form and content of the request for legal aid, the situations in which the execution of a request may be refused, the obligation to ensure confidentiality and restrictions on the use of evidence and information for purposes other than those arising from the request for assistance. Communication between the Romanian and Malaysian judicial authorities will be carried out through the central authorities designated for this purpose.