Enasoaie v Court of Bacau, Romania

Enasoaie v Court of Bacau, Romania

The only reasonable inference from the facts and further information is that all the offences involved dishonesty, satisfying the dual criminality requirement. Romanian law provides effective arrangements to enforce the speciality principle, including remedies under Article 598. The EAW contains particulars of an enforceable judgment. The District Judge was wrong to discharge the appellant on some offences; all offences are extradition offences and extradition is ordered for all.

Parties
Appellant/cross Respondent: Cesar Enasoaie; Respondent/cross Appellant: Court of Bacau, Romania
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Extradition Appeal / High Court Appeal From District Judge's Extradition Order
Outcome
appeal dismissed, cross-appeal allowed
Legal Topics
Dual Criminality, Speciality Principle, European Arrest Warrant, Embezzlement, Forgery, Sentence Aggregation
Extradition Law Criminal Law Human Rights Law Dual Criminality Speciality Principle European Arrest Warrant Embezzlement Forgery +1 more

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Parties

Cesar Enasoaie

Appellant/cross Respondent

Court of Bacau, Romania

Respondent/cross Appellant

Procedural Posture

Extradition Appeal / High Court Appeal From District Judge's Extradition Order

Legal Issues

  1. 1 Whether the offences in the European Arrest Warrant are extradition offences under UK law
  2. 2 Whether the principle of speciality would be breached if extradition is ordered for some but not all offences
  3. 3 Whether the EAW contains particulars of an enforceable judgment as required by law

Ratio Decidendi

The only reasonable inference from the facts and further information is that all the offences involved dishonesty, satisfying the dual criminality requirement. Romanian law provides effective arrangements to enforce the speciality principle, including remedies under Article 598. The EAW contains particulars of an enforceable judgment. The District Judge was wrong to discharge the appellant on some offences; all offences are extradition offences and extradition is ordered for all.

Court Disposition

appeal dismissed, cross-appeal allowed

Orders

  • Appellant to be extradited to Romania to serve the resulting sentence for all offences