Acta Universitatis Danubius. Juridica, Vol 12, No 1 (2016)

Abstract

In this paper we have examined the institution of transferring sentenced persons held in a penitentiary or medical facility in Romania, in order to serve the sentence in the other Member States of the European Union, a new institution introduced in the Romanian law. The innovations that this paper brings regards actually the conducted examination and some critical opinions that aim at contributing to the improvement of the legislation in this very complex domain. The critical opinions aim the imperfections in terms of the institution of the judge appointed for execution, which is different, as in these three legislative acts this institution appears under different names, the questionable competence given that the judge and the absence of provisions governing the procedure for transferring minors executing a custodial educational measure. With a focus primarily on critical examination but also on the provisions of major importance in terms of judicial cooperation in criminal matters at EU level, the article continues further studies and research in the field, published in the recent years. The paper can be useful to academics, practitioners and equally to the legislator who intends to promote a series of changes and additions to the provisions of the framework law to which we referred.