INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
A sentenced person may be transferred in order to enforce the
sentence only if the following conditions are cumulatively fulfilled:
- the sentenced person is a national of the administering State;
- the judgement is final;
- at the time of receipt of the request for transfer, the sentenced person still
has at least six months of the sentence to serve. In exceptional
circumstances, on the basis of agreements between the states involved, the
transfer can take place even if the part of unfulfilled sentence is less than 6
months;
- the transfer is consented to by the sentenced person or, where in view of
his age or his physical or mental condition one of the two States considers it
necessary, by the sentenced person's legal representative. The consent is
not required in case of the escaped which takes refuge in the administering
State whose national is;
- the acts that have attracted the sentence constitute offences, in accordance
with the administering State law;
- the sentencing State and the administering State must bring about an
agreement regarding this transfer; otherwise, the transfer cannot take place.
Thus, the request for transfer, as well as the answer to this, must be
formulated in writing, this following to address itself by the competent
authority of the requesting state, to the competent authority of the
requested state. The answer is communicated via the same means.
The competent central authority under the provisions of
international conventions and of the law-frame is the Ministry of Justice, as
for the foreign state, the competent central authority.
The Romanian requested state shall inform the requesting foreign
state on its decision concerning the acceptance or refusal of the transfer
requested.
In Chapter II of Title VI of Law No. 224/2006, is covered the
procedure of the transfer of sentenced persons, mentioning that any person
sentenced by a Romanian court, which was applied the provisions of this
law, must be informed in writing by the Ministry of Justice, about the exact
content of the international incidence convention .
The law regulates two distinct situations, namely:
a) The Romanian State as sentencing State.
In case that the sentenced person addressed to the Romanian state,
as sentencing State, in order to his transfer, the Ministry of Justice will
inform the competent central authority of the administering state about
this, as soon as practicable, after the judgment becomes final.
The information transmitted must include: the name, date and birth
of place of the sentenced person, if necessary, the address of the sentenced
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