Professional Reintegration of a Police Officer Convicted to a Suspended Custodial Sentence

• Author: Sandra Gradinaru
• Position: Senior Lecturer, PhD, Alexandru Ioan Cuza University, Romania
• Pages: 147-157

JURIDICA

147

Professional Reintegration of a Police

Officer Convicted to a Suspended

Custodial Sentence

Sandra GRADINARU

1

Abstract: Present paper aims at considering the professional reintegration of a police officer discharged

from the law enforcement forces due to a conviction with conditional suspension of the custodial

punishment. The debated issues follow the criminal and criminal procedure law reform in Romania,

during 2013-2016, reform which resulted in a legislative void and a non-unitary and uncorrelated

interpretation of the old legislation. The academic and practical significance of this endeavor consists

in analyzing a transitional situation due to the failure of the legislator that remained unregulated and is

likely to lead to a non-unitary interpretation and consequently to the flagrant damaging of the

fundamental rights of police officers. Without wishing to be an exhaustive initiative, the present paper

represents a review that highlights the doctrinal and jurisprudential implications of a conviction with

conditional suspension of the custodial sentence, upon labor relations of the police officers.

Keywords: police officer; conditional suspension; reinstatement in office; professional reintegration;

contestation upon enforcement

1. Factual Background

In 2009 the defendant X, police officer within the County Police Inspectorate Z has

been prosecuted for the offense of abuse of office against public interests.

By the criminal decision of 2016, the Court of Appeal found that the criminal law

most favorable for the defendant X, according to art. 5 para. 1 of the Criminal Code

in force is the Criminal Code in 1969 and decided his conviction to a term of eight

months imprisonment for the continuing offense of abuse of office against public

interests.

Pursuant to art. 71 para. 1 of the Criminal Code of 1969, the court ruled to the

punishment of disqualification from exercise of the rights provided by art. 64 para.

1

Senior Lecturer, PhD, Alexandru Ioan Cuza University, Romania, Address: 11 Carol I Blvd., 700506,

Iasi, Romania, Tel.: +40721100900, Corresponding author: sandra.gradinaru@yahoo.com.

AUDJ, vol. 13, no. 2/2017, pp. 147-157