Decizia nr. 55 din 27 ianuarie 2021. Mandat european de arestare emis în scopul executării unei pedepse
Decision no. 55 of 27 January 2021. European arrest warrant issued for the purpose of serving a sentence

Summary/Abstract: In its own analytical approach, the High Court retained that, in case of incidental recognition of the foreign criminal decision convicting a Romanian citizen, a minor at the time of committing the act, the provisions of art. 172 referred to in art. 167 of Law no. 302/2004, republished, and the procedure regulated by art. 166 para. (5)-(9), (13), (15) of the same normative act. Romanian criminal law does not allow the application of a prison sentence for crimes committed by juvenile defendants, conditions in which the High Court established that, in the case, the provisions of art. 166 para. (6) lit. b) and para. (8) lit. a) of Law no. 302/2004, so that it adapted the punishment applied by the foreign courts in the educational measure of depriving of the freedom of hospitalization in an educational center, provided by art. 124 of the Criminal Code. Checking the other reasons for recognition and enforcement provided in art. 167 para. (1) lit. e) of Law no. 302/2004, the High Court found that, according to the Romanian criminal law, the prescription of the execution of the educational measure of depriving of the freedom of hospitalization in an educational center, provided by art. 124 of the Criminal Code.

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