Reflecții în legătură cu necompetența teritorială a Judecătoriei Sector 4 București și a Tribunalului București de a judeca cererile în materia executării pedepselor privind deținuții din penitenciarele București Jilava și Spital Jilava
Reflections in connection with the territorial lack of jurisdiction of sector 4 Bucharest Court and Bucharest County Court to litigate claims in matters of execution of detention orders of prisoners held in the prisons București Jilava and Spital Jil

Summary/Abstract: The court having territorial jurisdiction to trial the parole requests, the requests for the amendment of sentencing enforced by final judgments, the requests for interruption of the execution of prison sentence, the appeals to the execution filed by convicts in detention, as well as appeals lodged by prisoners against the hearing reports of the appointed judge for the execution of sentences, is set under the provisions of Article 449 para. (2), 450 para. (1), 456, 460 para. (1) and (6), 461 para. (2) of the Code of Criminal Procedure and Article 25 para. (6), 74 para. (5) and 77 para. (3) of Law No. 275/2006 on the execution of punishments and measures ordered by the judiciary in criminal proceedings. Sector 4 Bucharest Court, judging claims like the ones mentioned above, lodged by prisoners in the penitentiaries București Jilava and Spital Jilava - prisons that are not located within its jurisdiction - pursuant to the Order of the Minister of Justice No. 1279/C/2000, administrative regulation not published in the “Official Gazette of Romania” and issued pursuant to a statutory provision, currently expressly repealed, breached the laws of jurisdiction, assuming a jurisdiction that, legally, falls upon other court. Also, on account of the Bucharest Court judging, in the first instance, as Court of execution, requests made by prisoners in the same prisons, after November 1st, 2011, date on which Ilfov Tribunal started to operate, had violated the legal rules governing its territorial jurisdiction.

• Details
• Contents