Valorisation in the Romanian criminal executional law of the work performed in detention by the persons convicted in other Member States of the European Union Cover Image
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Valorificarea în dreptul execuțional penal român a muncii prestate în detenție de persoanele condamnate în alte state membre ale Uniunii Europene
Valorisation in the Romanian criminal executional law of the work performed in detention by the persons convicted in other Member States of the European Union

Author(s): Andrei-Dorin Băncilă
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: criminal executional law; deduction of the period executed abroad; period considered as executed on the basis of the work performed; the Framework-Decision 2008/909/JHA of Council of Europe; the Decis

Summary/Abstract: The interpretative solution provided by the High Court of Cassation and Justice – Panel for the settlement of some matters of criminal law by the operative part of the Decision No 15/2018, according to which „after the transfer of the person convicted by the foreign judicial authorities, in order to continue the execution of the punishment in Romania, the length of the punishment considered by the state of conviction as executed on the basis of the performed work and of good conduct, granted as benefit in favour of the convicted person, by the foreign judicial authority, must not be deducted from the punishment which is executed in Romania”, has lost its validity and binding effect both as a result of delivery of the judgment of the Court of Justice of the European Union – Grand Chamber of 8 November 2016 in the Case C-554/14 and as a result of the entry into force of the amendments brought to the provisions of Article 144 (1) of the Law No 302/2004 by the Law No 236/2017.

  • Issue Year: 2018
  • Issue No: 06
  • Page Range: 129-136
  • Page Count: 8
  • Language: Romanian
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