Transferring Sentenced Persons, Held in other Member States of the European Union in order to execute the Sentence or the Measure Involving Deprivation of Liberty in a Penitentiary or Medical Unit in Romania. Critical Reviews

AuthorIon Rusu
PositionProfessor, PhD, 'Danubius' University of Galati, Romania
Pages31-47
JURIDICA
31
Transferring Sentenced Persons, Held in
other Member States of the European Union
in order to execute the Sentence or the
Measure Involving Deprivation of Liberty in
a Penitentiary or Medical Unit in Romania.
Critical Reviews
Ion RUSU
1
Abstract: In this paper we ha ve achieved the examination of the provisions of the Romanian law of one
of the most important forms of international judicial cooperation in criminal matters in the European
Union, respectively, transferring persons sentenced to a criminal law sentence involving deprivation of
liberty in another Member State, in order to enforce the sanction in Romania. The novelty refers to
examining the provisions of the Romanian law, formulating critical opinions about some contradictory
provisions of the law and de lege ferenda proposals. The paper continues the examination o f forms of
international judicial cooperation in criminal matters, which materialized in the publication of a master
course, a treaty, and several other studies and articles. At the same time, given the d epth of the
examination, the work can be useful to academics or master students stu dying the subject in question,
and to practitioners in this field.
Keywords: Crime; criminal law sanctions involving deprivation of liberty; judgment; call
1. Introduction
The recognition and enforcement in a Member State of judgments by which there
were applied sanctions of criminal law involving deprivation of liberty by a
competent court of another Member State was and is a complex issue, involving
primarily mutual trust in the judicial decisions adopted by another Member State.
Over time, especially in the recent years, the recognition and enforcement of a
foreign judgment was defined as a form of international judicial cooperation in
criminal matters. Regarding the place and importance in relation to other forms of
cooperation, we believe, acquired in the general by the European and Romanian
doctrine, that, in terms of judicial cooperation in criminal matters between Member
States of the European Union and the recognition and enforcement of judgments
1
Professor, PhD, “Danubius” University of Galati, Ro mania. Address: 3 Galati Boulevard, 800654
Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author: ionrusu@univ-
danubius.ro.
AUDJ, vol. 12, no. 1/2016, pp. 31-47
ACTA UNIVERSITATIS DANUBIUS Vol. 12, no. 1/2016
32
and other judicial documents emanating from another competent institution in
another Member State, represent the most important form of cooperation (Rusu &
Balan Rusu, 2013, p. 83). At the same time, if we refer only to this institution in the
general context of its implementation by the Romanian judicial authorities we must
take into consideration both criminal judgments emanating from the Romanian
judicial authorities and those adopted by the competent judicial authorities of other
countries (Boroi & Rusu, 2008, p. 347). In Romania the institution of recognition
and enforcement of judgments that were arranged by the final judgment of
conviction to punishments or other custodial measures by a Member State of the
European Union is regulated in Title VI of Law no. 302/2004 on international
judicial cooperation in criminal matters.
1
By this legislative act Romania
transposed into the national law a part of the European legal instruments through
which it is governed the institution of international judicial cooperation in criminal
matters.
2. Preparatory Measures for the Referral to the Competent Court in
Romania
In the case requesting the recognition and enforcement of judgments which ruled a
penalty of criminal sanction on deprivation of liberty, in order to transfer the
person for the enforcement of the sanction in Romania, after receiving the
judgment and the certificate or where appropriate the information provided by the
Romanian law, the specialized department within the Ministry of Justice will send
to the prosecutor's office of the court of appeal where the convicted person resides,
which will notice the competent court within 20 days from filing the case (Boroi,
Rusu & Rusu, 2016, p. 647).
After receiving the file within the period prescribed by the law, the competent
prosecutor verifies that:
a) the execution of the judgment transmitted by the issuing State in Romania does
not violate the principle of non bis in idem; in this regard, the prosecutor will
1
Published in the Official Monitor of Romania, Part I, no. 594 of 1 Jul y 20 04, subsequently
supplemented and amended by several le gislative acts, republished, published in the Official Monitor
of Romania, Part I, no. 377 of 31 May 2011, the last change being promoted by the adoption of Law
no. 300/2013 for amending and supplementing Law no. 302/2004 on international judicial
cooperation in criminal matters, published in the Official Monitor o f Romania, Part I, no. 772 of 11
December 2013.

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