Recognition and Enforcement of Judgments Passed in the Third Countries on Criminal Law Sanctions of Deprivation of Liberty

• Author: Ion Rusu
• Pages: 192-200

European Integration - Realities and Perspectives. Proceedings 2015

192

Recognition and Enforcement of Judgments Passed in the Third Countries

on Criminal Law Sanctions of Deprivation of Liberty

Ion Rusu1

Abstract: In the present work it is examined one of the most important institutions of international judicial

cooperation in criminal matters, namely the recognition and enforcement of a judgment passed by a competent

judicial authority of a State, which is not part of the European Union. The examination takes into

consideration the duration and scope of the recognition procedure and the conditions for recognition and

enforcement, as they are provided in the Romanian law, recently amended. The work can be useful for judicial

bodies with responsibilities in this area, and for academics. The innovations consist in examining this

institution, and the way in which it has increased its importance in the international judicial cooperation in

criminal matters. The paper continues further studies in this area, which will be complete b y reediting the

master course of international judicial cooperation in criminal matters, by the end of this year.

Keywords: crime; punishment; conditions for recognition and enforcement

1. Introduction

Since the second half of the 19th century, with the proliferation of transnational crime, some European

countries have acknowledged the need to seek new methods and cooperation procedures leading to the

reduction of this phenomenon, together with identifying and holding liability certain categories of

people who evade the execution of punishment by fleeing in the territories of other states.

In this context, as time goes on, besides extradition (identified as being the first form of international

judicial cooperation in criminal matters) they have gradually emerged also other such forms, which

have contributed greatly to preventing and combating crime of this kind.

A review of the evolution of these forms of cooperation shows evidence that they have known an

unprecedented growth, starting with the second half of last century.

This was due to the increased crime of all kinds and especially certain types of extremely serious

crimes such as terrorism, trafficking in weapons, ammunition, explosives or radioactive substances,

trafficking in women and children, etc.

At the same time, the organized crime groups have expanded their criminal actions in several countries

or even continents, using increasingly sophisticated methods and procedures, causing great difficulties

to the judicial authorities in discovering and proving criminal activities.

1 Associate Professor, PhD, “George Bacovia” Universit y of Bacau, Romania, Address: 157 Calea Marasesti, 600164 Bacau,

Romania, Tel.: +4034116448, Fax: +4034116448. Corresponding author: av.ionrusu@yahoo.com.