Acta Universitatis Danubius. Juridica, Vol 13, No 2 (2017)

Professional Reintegration of a Police Officer Convicted to a Suspended Custodial Sentence

Sandra Gradinaru

Abstract


Present paper aims at considering the professional reintegration of a police officer discharged from the law enforcement forces due to a conviction with conditional suspension of the custodial punishment. The debated issues follow the criminal and criminal procedure law reform in Romania, during 2013-2016, reform which resulted in a legislative void and a non-unitary and uncorrelated interpretation of the old legislation. The academic and practical significance of this endeavor consists in analyzing a transitional situation due to the failure of the legislator that remained unregulated and is likely to lead to a non-unitary interpretation and consequently to the flagrant damaging of the fundamental rights of police officers. Without wishing to be an exhaustive initiative, the present paper represents a review that highlights the doctrinal and jurisprudential implications of a conviction with conditional suspension of the custodial sentence, upon labor relations of the police officers.

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