INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
If the type of the sentence applied, or its duration are incompatible
with the Romanian legislation, the Romanian State may, by judicial
decision, adapt this sentence to that provided by the Romanian law for the
acts that drew the sentencing. This sentence must correspond, as far as
possible, to the type of the punishment applied by the decision of the
sentencing State, and in any case, cannot aggravate the situation of the
sentenced person.
In case of changing the sentence shall apply the procedure provided
by the Romanian legislation.
In the case of conversion of sentence and of the applicable criteria,
the Romanian court must comply with the following conditions:
- it shall be bound by the findings as to the facts insofar as they appear,
explicitly or implicitly, from the judgment imposed in the sentencing State;
- it won’t change a sanction involving deprivation of liberty to a pecuniary
sanction;
- it shall deduct from the sentence the full period of deprivation of liberty
served by the sentenced person;
- it shall not aggravate the penal position of the sentenced person, and
should not be bound by the lower limit of the sentence eventually provided
by administering State legislation for the offence or offences committed.
If the conversion procedure takes place after the transfer of the
sentenced person, the Romanian State shall keep that person in custody or
otherwise ensure his presence in the territory of the Romanian State
pending the outcome of that procedure.
The enforcement of the sentence shall cease as soon as the
Romanian state has been informed by the sentencing State of any decision
or measure which entails the impossibility of continuing the enforcement.
The Romanian state shall provide information to the administering
State concerning the enforcement of the sentence in the following
situations:
- when it considers enforcement of the sentence to have been completed;;
- if the sentenced person has escaped;
- if the sentencing State solicits a special report.
By this means, the National Administration of Penitentiaries will
inform periodically the Ministry of Justice on the enforcement of the
sentence.
If the Romanian Ministry of Justice receives a request for transfer
from a Romanian national sentenced in another state, it shall notify about
this request the central authority of the sentencing State, to which solicits
the information and documents provided by the law, as well as a statement
specifying whether the competent authorities give their consent to transfer.
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