Fiches Belges
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Fiches Belges: România

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

România

Is this measure possible in your Member State under International Judicial Cooperation?

The measure is covered by Title VI of the Law no. 302/2004 on international judicial cooperation in criminal matters (articles 141-170)

2. LEGAL FRAMEWORK

România

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

3. COMPETENT AUTHORITY TO:

România

* receive the request/decision for judicial cooperation

Ministry of Justice

* execute/recognise the measure (if other than the receiving authority)

Courts of Appeal in which jurisdiction the sentenced person has his or her domicile. If the sentenced person’s domicile is not in Romanian territory, competence lies with the Court of Appeal of Bucharest. Ministry of Justice is competent to refuse to initiate the procedure for the recognition of the foreign decision, when, on the date of its receipt, there is less than 6 months still to be served from the penalty imposed against the sentenced person, save for the case where the sentenced person is in Romanian territory.

4. ACCEPTED LANGUAGES

România

Accepted languages for the request/decision

Romanian

5. EXECUTION DEADLINE

România

Deadlines for the execution of the request/decision (where applicable)

The length of the procedureis of 30 days after the registration of the case at the court.

6. CONCISE LEGAL PRACTICAL INFORMATION

România

a. Special requirements

Romanian does not apply Article 7 (1) of the Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Double incrimination is required for all types of offences: the offence for which the sentence was imposed would have amounted, if committed in Romanian territory, an offence and its author would have been held accountable. If the sentence was imposed for more than one offence, the conditions shall be examined for each and every offence.

b. Other useful information

Execution of foreign court decision as effect of a European Arrest Warrant is p-rovided by Article 156 When surrender of a Romanian national from Romania, in reliance upon a European Arrest Warrant, occurred subject to their transfer, in case of conviction in view of serving the sentence in a prison or health care facility in Romania, transfer to Romania, in view of executing the sentence, shall take place in reliance upon the certificate referred to in Annex no. 5 and the court decision delivered by the issuing State. Taking over the sentenced person under escort, receipt and custody thereof in prison shall occur in compliance with the judgment having previously ordered the surrender of the sentenced person and, if appropriate, of the judgment granting the approval for such person to also be investigated for offences other than the ones forming the object of the first judgment. Custody in prison in reliance upon such judgment may not exceed 90 days after the day when the sentenced person has been taken over. The 90-day period shall be deducted from the penalty imposed against the sentenced person. After transfer of the sentenced person in Romania, the execution of the decision ruled by the court of the issuing State shall be performed by the competent Romanian court. The provisions of Article 156 only apply if the certificate and the court decision are delivered by issuing State within no more than 3 months after the date when the court decision may be enforced.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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