Challenges of the Knowledge Society (May 2024)
SOME CONSIDERATIONS REGARDING THE PROVISIONS OF LAW NO. 254/2013 ESTABLISHING THE REGIME OF EXECUTION OF CUSTODIAL SENTENCES, THE SUMMONS PROCEDURE, THE HEARING, PRESENCE IN COURT AND RIGHT TO DEFENCE OF THE DETAINEE
Abstract
Art. 39 of Law no. 254/20131 , bearing the title „Establishing the detention regime for custodial penalties” requires a wide debate, as it comprises regulations that are contradictory, to say the least, mainly within para. (14) to (19) of this legislation. These provisions pertaining to art. 39 are correlated within Law no. 254/2013 with art. 56, titled „The exercise of a convicted person’s rights” - para. (12), and with art. 104 - „Challenging a decision by the disciplinary board” - para. (12). The regulations falling under the scope of this study are essential for the observance of convicted persons’ rights, their right to free access to a court of justice (art. 21 of the Romanian Constitution), and to a fair trial, in proceedings related to challenges against the resolutions passed by the custodial supervisory judge in response to applications by inmates regarding the observance of their rights and against the decisions of the disciplinary board in matters relating to the customisation or the amendment of their custodial regime.
