Acta Universitatis Danubius. Juridica, Vol 6, No 3 (2010)

Abstract

The purpose of the application of non-custodial penalties filled with observing the condemned surveillance measures and / or certain obligations imposed by the court, is to ensure the re-socialization and reintegration into the community to which they belong. In this context, the European Union was prepared 2008/947/JHA Framework Decision of 27 November 2008 on the principle of mutual recognition to judgments and probation decisions for supervision of probation measures and alternative sanctions. The most important criterion by which a judicial decision can be transmitted to another Member State is referring to the convicted person resides, appreciating is that adopting such a measure will increase the chances of social reintegration of the sentenced person, allowing them it to preserve family, linguistic, cultural and other ties. An important role for community supervision measures and obligations imposed by the court sentenced Romanian, is the probation service. This institution has a number of specific tasks even when the Romanian competent court together with the certificate sent to judicial decision in another Member State, applying the recognition and enforcement. These responsibilities relate in particular to the work to be carried out cooperation with authorities in the executing Member State, since it can always intervene to restore powers of a court decision Romanian courts. Critical remarks aimed at both European legislative act, and our domestic law.