Deducerea arestării sau perioadei executate în străinătate de către un cetățean român în ipoteza pluralității de infracțiuni din perspectivă constituțională și europeană
Deduction of The Arrest or Period Served Abroad by a Romanian Citizen in The Hypothesis of Plurality of Offences From a Constitutional and European Perspective

Author(s): Simona Franguloiu, Nicoleta-Elena Heghes
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: European Union Law; Constitutional Rules; Plurality of Offences; Concurrent Offences; Recidivism; Penalty Resulting; Deduction of Time Served;
Summary/Abstract: The present scientific approach aims to elucidate the issue of deducting the period of preventive detention or the period served from the sentence imposed by a foreign judgment in the hypothesis of concurrent offences or recidivism for an offence committed in Romania by a Romanian citizen. In the case of multiple offences, the problem arises of deducting from the resulting penalty the period of detention (whether under preventive or house arrest or the period served of a penalty imposed by a foreign judgment, especially since the latter judgment was rendered in a Member State. We intend to clarify whether, from this point of view, the solution pronounced by the Constitutional Court in its decision No 433 of 2021 or the texts of Law No 302 of 2004 on international judicial cooperation in criminal matters is questionable. In this study, we will consider that some texts of the special law should be amended, as they are no longer up to date in view of the fact that in the case of multiple offences and after recognition of the foreign judgment, the period of detention must be deducted, regardless of whether the sentence has been served or deemed to have been served, and the need to formulate a proposal for a lege ferenda.

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