4.1Inleiding
Naar aanleiding van aanvullende vragen van het openbaar ministerie van 11 februari 2026 heeft de uitvaardigende justitiële autoriteit op 18 februari 2026 per brief de volgende informatie verstrekt:
"1. Section D from the European arrest warrant was filled in for the ruling from the first court and the convicted person appeared in person at the District Court of Bacau and confessed committing the offences showing that he understands to be tried only based on the evidence presented during the criminal investigation, which he knows and which he appropriates in its entirety. At the Court of Appeal, during the trial stage of the appeal, only the elected attorney of the convicted person appointed ex officio appeared.
2. Although through criminal ruling no. 562 from 19.06.2025, the Court of Appeal from Bacau permanently solved file no. 20252/180/2024, the criminal Romanian laws offer the convicted person the possibility to file an extraordinary appeal against the conviction ruling which may lead to the dissolution of the initial ruling.
3. We hereto attach the annex regarding item D of the EAW referring to the ruling made by the Court of Appeal from Bacau, during the trial of which the convicted person did not appear in person for the trial, being represented only by his ex officio attorney."
Vervolgens heeft het openbaar ministerie op 25 februari 2026 opnieuw vragen gesteld. Hierop heeft de uitvaardigende justitiële autoriteit op 28 februari 2026 onder andere het volgende geantwoord:
“1) The first court criminal sentence no. 450 from 03.042025 ruled by the District Court of Bacau was appealed by the prosecutor of the Prosecutor’s Office (…):
2) At the Court of Appeal, [opgeëiste persoon] did not hire a personal attorney, but was represented by a public defender, appointed at the request of the court of law, in view of the observance of his right to defense (…)
3) during the appeal trial stage, the subpoena was not personally handed over to [opgeëiste persoon] as he was not found at home. The procedure for the communication of the subpoena was performed by displaying it on 21.05.2025, at the domicile address of the convicted person, the summoning procedure being legally complied. (…)
4.a). During the trial stage of appeal, [opgeëiste persoon] was subpoenaed at the domicile address with which he is registered at the Romanian People’s Register, respectively [adres], which is identical to the one declared by him on the occasion of the criminal pursuit which occurred on 16.09.2024;
b). On 16.09.2024, the judicial bodies brought to the knowledge of [opgeëiste persoon] that he had the obligation to report to the summons of the judicial bodies, to communicate any change of domicile as well as the consequences of the failure to comply with these obligations;
c) on 17.09.2024 the judicial bodies prepared a report in this respect, which was signed in person by [opgeëiste persoon] ; (…).”
Op 3 maart 2026 heeft het openbaar ministerie nogmaals vragen gesteld, waarop de uitvaardigende justitiële autoriteit op 10 maart 2026 het volgende heeft geantwoord:
“(…) At the first court hearing on 04.03.2025, [opgeëiste persoon] appeared before the court at the Bacau District Court, during which the indictment initiating the trial was read to him, he was informed of the charges brought against him, and he was notified of his rights as well as his obligations throughout the trial until its conclusion. These obligations include notifying in writing, within 3 days, of any change of residence/address, complying with the preventive measures imposed, and not obstructing the discovery of the truth. Failure to fulfill these obligations may result in the issuance of a summons or a preventive arrest warrant.”
Het openbaar ministerie heeft op 19 maart 2026 voor de vierde keer aanvullende vragen gesteld. Hierop heeft de uitvaardigende justitiële autoriteit op 24 maart 2026 het volgende geantwoord:
“We reiterate that both the criminal investigation authorities and the court informed [opgeëiste persoon] of his rights as well of his obligations throughout the proceedings, until the final conclusion of the case, namely until the judgment of conviction became finale through the decision of the Bacău Court of Appeal. Furthermore, being aware of the existence of the criminal proceedings initiated against him and having been present both before the criminal investigation authorities and before the court at the first hearing, he had the obligation to show diligence with regard to the progress of the criminal proceedings in which he was involved; therefore, he cannot rely on his own passivity in order to invoke procedural irregularities. The ultimate responsibility for the proceedings lies with the defendant, who has the obligation to attend all court hearings or to maintain contact with the court-appointed ex officio lawyer until the conclusion of the proceedings and the judgment becoming final, which occurred at the Bacau Court of Appeal; the consequence of failing to appear before the court being that the case was tried in absentia.”