Professional Reintegration of a Police
Officer Convicted to a Suspended
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
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.
Senior Lecturer, PhD, Alexandru Ioan Cuza University, Romania, Address: 11 Carol I Blvd., 700506,
Iasi, Romania, Tel.: +40721100900, Corresponding author: firstname.lastname@example.org.
AUDJ, vol. 13, no. 2/2017, pp. 147-157