The Transfer of Sentenced Persons Held in a Penitentiary or Health Unit in Romania, in order to execute the Sentence in other EU Member State. Critical Reviews
The Transfer of Sentenced Persons Held in a Penitentiary or Health Unit in Romania, in order to execute the Sentence in other EU Member State. Critical Reviews

Summary/Abstract: In this paper we have examined the institution of transferring sentenced persons held in apenitentiary or medical facility in Romania, in order to serve the sentence in the other Member Statesof the European Union, a new institution introduced in the Romanian law. The innovations that thispaper brings regard actually the conducted examination and some critical opinions that aim atcontributing to the improvement of the legislation in this very complex domain. The critical opinionsaim the imperfections in terms of the institution of the judge appointed for execution, which isdifferent, as in these three legislative acts this institution appears under different names, thequestionable competence given that the judge and the absence of provisions governing the procedurefor transferring minors executing a custodial educational measure. With a focus primarily on criticalexamination but also on the provisions of major importance in terms of judicial cooperation incriminal matters at EU level, the article continues further studies and research in the field, publishedin the recent years. The paper can be useful to academics, practitioners and equally to the legislatorwho intends to promote a series of changes and additions to the provisions of the framework law towhich we referred.

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