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GOVERNMENT EMERGENCY ORDINANCE

No. 194 from 12 December 2002 on the status of aliens in Romania

(excerpts)

 

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ART. 130

Granting the right to temporary residence to aliens who are victims of trafficking of human beings, trafficking of immigrants or of the offence stipulated by Art. 141

(1) Aliens who are victims of trafficking of human beings, trafficking of migrants or the offence stipulated by Art. 141 may be granted a right to temporary residence, even if they have entered illegally, upon request of the prosecutor or the court instance, under following conditions:

  1. they show a clear intention to cooperate with the Romanian authorities in order to facilitate the identification and prosecution of participants to the offences the victims of which they have been;
  2. they have stopped relations with persons suspected of committing offences the victims of which they are;
  3. granting the right to reside is favorable to carrying out judicial investigations;
  4. their stay in Romania does not present a danger to public order and national security.

(2) The right to residence may be granted, for duration of 6 months, with the possibility of extension for new periods, under similar conditions.

(3) The right to residence may be revoked in following situations:

  1. the conditions stipulated under (1) are no longer fulfilled;
  2. the holder of the right to reside has renewed, with intention, the contacts to the persons suspected to have committed the offences stipulated by para. (1);
  3. if ascertained that the alien intentionally mislead the competent authorities with regard to the quality of a victim or to the data and information provided;
  4. when the victim stops cooperation;
  5. when competent authorities ascertain the existence of one of the cases stipulated by Art. 10 of the criminal procedure Code.

(4) The residence permit for the persons mentioned by para. (1) shall be issued free of charge.

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