Probleme în legătura cu revocarea suspendării executării pedepsei sub supraveghere
Problems in Connection with The Revocation of The Suspension of The Execution of The Sentence Under Supervision

Author(s): Victor Andrei Cărcăle
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: Expiry of The Trial Period; Revocation of The Suspension of Execution of The Sentence Under Supervision; Late Discovery of The Offense;
Summary/Abstract: In this communication, we answer the question raised by judicial practice: whether it is possible to discover by the end of the probation period that the convicted person had committed another offense before the judgment ordering the suspension was handed down or until the judgment has become final, even if the prison sentence was imposed for that offense after the expiry of the probation period. To this question, we say that the new offense only triggers the revocation of the suspension of the execution of the sentence under supervision if it is discovered during the trial period. If it is found afterward, even if the judgment becomes final, it will not be possible to revoke the suspension of the execution of the probation sentence. Therefore, the late discovery of the offense is a shortcoming on the part of the authorities, and a revocation of the suspension of the execution of the sentence under supervision after a long period of time has elapsed would no longer produce the effects that this institution implies.

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