51. Refuz de recunoaștere a hotărârii penale străine de condamnare și de transferare a persoanei condamnate
51. Denial of recognition of the foreign criminal decision of conviction and transfer of the convicted person

Summary/Abstract: According to the provisions of Art. 131 para. (1) letter g (ii) of Law 302/2004, the text applicable on the decision date, currently Art. 137 para. (1) letter g (ii), further to the renumbering of Law 302/2004, amended and republished in the Official Gazette no. 411 of 27 May 2019, that on the date of receipt of the foreign court decision, from the punishment set to the convicted person more than 6 months must still be served, unless the convicted person is on the territory of Romanian, the Court holds that the mandatory condition of Art. 3 letter c) of the European Convention on transferring the convicted persons, adopted in Strasbourg on 21 March 1983 is not met, that the relevant authority from the state of service refuses to confirm the court decision and rule the service of the punishment, if when the relevant authority of the service state receives the court decision less than six months of the punishment remain to be served. The authority who has the power to enforce the request for recognition of a foreign court decision and to order the punishment to be served is the court of law, i.e. Iași Court of Appeal, vested with solving this case in January 2019. By reference to July 2019, when the convict D.V.F. allegedly had the vocation to conditional release, pursuant to the laws of the issuing state, less than six months of the custodial sentence remain to be served. Pursuant to the Romanian law, for the convict D.V.F., the 2/3 fraction necessary for conditional release has already ended in February 2019. Under these circumstances, by calculating also the duration of the effective transfer procedures, this is made only so that the Romanian citizen convicted be released conditionally in Romania given the time served from the punishment and the fractions of conditional release calculated from the punishment according to the Romanian criminal law, but the major purpose of transfer of the convicted persons, i.e. to facilitate the social rehabilitation of the convicted person, is impossible.

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