INTERNATIONAL CONFERENCE - Facultatea de Drept

Conference Proceedings - Galaţi, 24 th -25 th of April 2009
Year I, Vol. I - 2009
organizations, which could make questionable his social reintegration in
Romania.
Under Article 140 c) of Law No. 302/2004, amended by Law No.
224/2006, the request for transfer to another state of the sentenced person
in Romania may be refused if there is sufficient evidence that, once
transferred, the sentenced person could be released immediately or within
a term too short compared to the duration of the sentence remained to be
enforced in accordance with the Romanian law.
These provisions are applicable in case that the Romanian court
finds that the sentenced person could be released under condition, in
accordance with the state law where he is to be transferred, within a much
too short term - for example, 7 years earlier - in comparison with the
duration of the sentence remained to be enforced by implementing the
rules relating to the release under the circumstances provided by the
Romanian law.1
In case of recognition of the decision of conviction pronounced
abroad and of transferring of the sentenced person in order to continue the
enforcement of a sentence privative of liberty in Romania, the court is
obliged, under Article 146 (2) c) of Law No. 302/2004 to deduct entirely
from the sentence, both the detention period enforced after the
pronouncement of the decision of conviction and the duration of
preventive arrest prior to this moment.
1 Criminal decision No. 4723/02.08.2006 of the Supreme Court of Appeal -
Criminal department
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