The Transfer Of Sentenced Persons Held In Third Countries, In Order To Serve The Sentence Or The Measure Of Deprivation Of Liberty In A Penitentiary Or A Medical Unit In Romania. Critical Observations

• Author: Ion Rusu
• Pages: 32-45

European Integration - Realities and Perspectives. Proceedings 2016

32

The Transfer of Sentenced Persons Held in Third Countries, in order to

serve the Sentence or the Measure of Deprivation of Liberty in a

Penitentiary or a Medical Unit in Romania. Critical Observations

Ion Rusu1

Abstract: In the current study we have examined the institution Sentenced Persons Held in Third Countries,

in order to serve the sentence or the measure of deprivation of liberty in a penitentiary or a medical unit in

Romania, focusing on the recognition of the foreign judgment by the competent courts in Romania. The

conducted examination has revealed some shortcomings of the Romanian special law, which refers

specifically to the absence of the convicted person from hearing to the appeal of the case, and his inabil ity to

defend. Also, it has been highlighted the fact that no Romanian legislator has taken into account the

possibility of requesting the tran sfer of a minor convicted in a third State to a penalty or an educational

measure of deprivation of liberty. The novelty of the work covers both examining the institution in the light

of the Romanian jurisprudence and the formulated proposals de lege ferenda. The work also continues other

studies published in some journals or volumes of international or national conferences, achieve d in the

context of researching the institution of international judicial cooperation in criminal matters. The paper can

be helpful to scholars, master students and practitioners in this field.

Keywords: The procedure for recognition of the foreign judgment; circumstances; obligatory grounds for

non-recognition.

1. Introduction

Regarded as perhaps one of the most important form of international judicial cooperation in criminal

matters, the recognition and enforcement of judgments in other states, in time it has appeared to be

also one of the most complex forms of cooperation with major implications in terms of bilateral

relations between the countries involved in the process.

As argued in doctrine, when we examine the particularly complex institution of recognition of

criminal judgments and foreign judicial documents, they should cover the criminal judgments

emanating from the Romanian judicial authorities and those emanating from the competent judicial

authorities of other State. (Boroi & Rusu, 2008, p. 347)

On the other hand, it should be considered that a person (usually a Romanian citizen), convicted in

another state, has the right to request his transfer for the enforcement of a criminal law sanction of

deprivation of liberty in Romania.

1 Associate Professor, PhD, Department of Economics, Danubius University of Galati, Romania, Address: 3 Galati Blvd.,

Galati 800654, Romania, Tel.: +40372361102, Corresponding author: ionrusu@univ-danubius.ro.