The Transfer of Sentenced Persons Held in a Penitentiary or Health Unit in Romania, in order to execute the Sentence in other EU Member State. Critical Reviews

• Author: Ioana-Minodora Rusu
• Position: Assistant Professor, PhD, 'Dimitrie Cantemir' University of Bucharest, Romania
• Pages: 118-132

ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 1/2016

118

The Transfer of Sentenced Persons Held in

a Penitentiary or Health Unit in Romania,

in order to execute the Sentence in other

EU Member State. Critical Reviews

Ioana-Minodora RUSU

1

Abstract: In th is paper we have examined the institution of transferring sentenced persons held in a

penitentiary or medical facility in Romania, in order to serve the sentence in the other Member States

of the European Union, a new institution introduced in the Romanian law. The innovations that this

paper brings regard actually the conducted examination and some critical o pinions that aim at

contributing to the improvement o f the legislation in this very complex domain. The critical opinions

aim the imperfections in terms of the institution of the judge appointed for execution, which is

different, as in these three legislative acts this institution appears under different names, the

questionable competence given that the judge and the absence of provisions governing the procedure

for transferring minors executing a custodial educational measure. With a focus primarily on critical

examination but also on the provisions of major importance in terms of judicial cooperation in

criminal matters at EU level, the article continues further studies and research in the field, published

in the recent years. The p aper can be u seful to academics, practitioners and equally to the legislator

who intends to promote a series of changes and additions to the provisions of the framework law to

which we referred.

Keywords: transferring conditions; the judge appointed for the execution of sentences; initiation of

transmission procedure

1. Introduction

The recognition and enforcement of foreign criminal judgments and implicitly the

transfer of the sentenced persons in order to execute the criminal law sanction of

deprivation of liberty in a State other than the one of conviction, is currently the

most important form of international judicial cooperation in criminal matters.

1

Assistant Professor, PhD, “Dimitrie Cantemir” University of Bucharest, Ro mania.

Address: 176 Splaiul Unirii, Bucharest 030134, Romania, Tel.: +4021 330 8931,

Corresponding author: oanarusu_86@yahoo.com.

AUDJ, vol. 12, no. 1/2016, pp. 118-132