Romanian courts holding jurisdiction in the implementation of the probation measures

Autor: Andrei-Dorin BĂNCILĂ
Publicat în: Challenges of the Knowledge Society 2019
Disponibil online: aici.
Abstract: The new law of enforcement of sanctions and non-deprivation procedural measures, namely Law no. 253/2013 regulates “the jurisdictional nature of execution”. This jurisdictional nature of the enforcement of sanctions and non deprivation procedural measures reflects through the involvement of the courts in the resolution of a significant number of issues related to enforcement. Courts, either by judges delegated with administrative or judicial-administrative competences, or by judges in full capacity and who performs purely judicial duties specific to the judicial function, are called upon to perform activities designed to ensure the enforcement of the precepts contained in the court order or to regularize the actual execution by solving the incidents that arise during the execution.
Keywords: probation measures; the enforcement court; the judge delegated with the enforcement; the clerk delegated to the criminal enforcement department; the execution; the annulment and the revocation of the postponement of the punishment; the suspension of the execution of the punishment under supervision or the conditional release.