EIRP Proceedings, Vol 11 (2016)

Abstract

In the current study we have examined the institution Sentenced Persons Held in Third Countries, in order to serve the sentence or the measure of deprivation of liberty in a penitentiary or a medical unit in Romania, focusing on the recognition of the foreign judgment by the competent courts in Romania. The conducted examination has revealed some shortcomings of the Romanian special law, which refers specifically to the absence of the convicted person from hearing to the appeal of the case, and his inability to defend. Also, it has been highlighted the fact that no Romanian legislator has taken into account the possibility of requesting the transfer of a minor convicted in a third State to a penalty or an educational measure of deprivation of liberty. The novelty of the work covers both examining the institution in the light of the Romanian jurisprudence and the formulated proposals de lege ferenda. The work also continues other studies published in some journals or volumes of international or national conferences, achieved in the context of researching the institution of international judicial cooperation in criminal matters. The paper can be helpful to scholars, master students and practitioners in this field.