Competence of the judge of surveillance of deprivation of liberty to order the application through the procedure regulated by Article 56 of the Law No 254/2013 on the execution of custodial sentences and of measures involving deprivation of liberty Cover Image
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Competența judecătorului de supraveghere a privării de libertate de a dispune aplicarea prin procedura reglementată de art. 56 din Legea nr. 254/2013 privind executarea pedepselor și a măsurilor privative de libertate a dispozițiilor Legii nr. 169/20
Competence of the judge of surveillance of deprivation of liberty to order the application through the procedure regulated by Article 56 of the Law No 254/2013 on the execution of custodial sentences and of measures involving deprivation of liberty

Author(s): Simona Nedelcu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: compensatory review; surveillance judge; rights; garnishment; persons deprived of liberty;

Summary/Abstract: This study is an analysis of the conditions of admissibility by the procedure covered by Article 56 of the Law No 254/2013 of complaints made by the convicted persons in connection with the awarding of compensation days for inadequate conditions of accommodation and the cancellation of the wage garnishment, measure set up by the tax enforcement bodies in order to recover judicial expenses due to the state by those persons. I have chosen to analyse these two situations in the context in which the judge of surveillance of deprivation of liberty is increasingly faced with such complaints from private persons deprived of liberty claiming violation of rights as a result of the application of these two measures. For the presentation of legal problems and the situation I used national case law of judges of surveillance of deprivation of liberty, but also the national case law of the courts.

  • Issue Year: 2019
  • Issue No: 02
  • Page Range: 164-180
  • Page Count: 17
  • Language: Romanian