INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
However, the request for transferring the sentenced person may
also be denied, mainly, for the reasons set out deliberately in Article 140 of
Law No. 224/2006, namely:
- the person that has been sentenced for serious offences which had a
profoundly negative echo in the public opinion of Romania;
- the sentence provided by the administering State’s law is clearly superior
or inferior in comparison with that established by the Romanian court’s
sentence;
- there are sufficient clues to think that, once transferred, the sentenced
person could be released immediately or within a time too short compared
to the sentence duration remained to be enforced in accordance with the
Romanian law;
- the sentenced person hasn’t repaired the damages caused by his crime,
nor he has paid the expenses, as he was bound to, by the judgement of the
Romanian court, nor he has guaranteed the payment of damages;
- if there are sufficient clues to think that the administering State won’t
respect the rule of specialty.
From the above mentioned, it results that one of the conditions for
the transfer of the enforcement of the sentence in another state, of a
sentenced person in Romania, is his consent to transfer.
In case that, by the decision of conviction it was disposed the
expulsion of the accused, the sentencing State may request to the foreign
state to give its consent to the transfer of the sentenced person for the
enforcement of the sentence, without the consent of the one sentenced; the
requested state giving its consent only after having taken into account the
notification of the sentenced person.
As such, the transfer cannot be disposed without the consent of the
subject to expulsion, to be transferred for the enforcement of the sentence,
only at the request of the sentencing State, with the approval of the
requesting state after taking into consideration the notification of the
sentenced.1
b) in case of transferring sentenced persons, considering that the
Romanian state is the administering State, this one has the obligation to
provide, at the request of the sentencing State, all the adjuvant documents
with the purpose of solving the request.
Even in this situation, the Romanian state will solicit to the
Romanian consular office, through the agency of the Ministry of Foreign
Affairs to obtain from the sentenced person or from its representative a
1 Criminal decision No. 861/04. 02. 2005 of the Supreme Court of Appeal -
Criminal department
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