Autor: Adrian Stan

Publicat în: Revista Universul Juridic nr. 5/2020

Articol disponibil onlineaici.

Abstract: A case with implications for European judicial cooperation in criminal matters, recently pending before Timişoara Court of Appeal, has generated some discussions regarding the application of criminal law to an atypical situation. The purpose of the case was the recogniztion of foreign custodial sentences in order to merge and deduct the deprivation imposed by a foreign state.
The situation was special because the foreign decision whose recognition was in question was not an original one, but it was the result of the adaptation by the foreign state, after the transfer of its execution abroad, the initial punishment being applied by the Romanian courts. We tried to comment the case and to expose both opinions, observing relevant european legal framework.
The problems were:

  • whether the Romanian court has the possibility to recognize in order to merge a foreign custodial decision of adaptation a decision pronounced by a Romanian court, or it will recognize it only in order to deduct the prison term already executed;
  • if so, the penalty to be taken into account in the merge operation is the initial penalty, for which the Romanian court has issued the execution warrant, or it will be the prison adapted by the foreign state, the latter becoming, by adaptation, the „final punishmentˮ, and the first one can no longer be „reactivated”.

Keywords: recognition of custodial decisions, adapting the sentence, deduct of deprivation,
Framework Decision.