Considerations regarding the Transposition by Romania of Council Framework Decision 2008/947/JHA Of 27 November 2008

Abstract

The application of the principle of mutual recognition in the case of court decisions in criminal matters represents one of the important aims of the European Union, not only in the matter of punishments or custodial measures, but also of suspended sentences or alternative sanctions to detention and decisions on conditional release. This study aims to present the way in which Romania transposed the Framework Decision no. 2008/947/JAI of the Council dated November 27th, 2008 in the national legislation, Law no. 302/2004 on international judicial cooperation in criminal matters, with regard to probation measures and alternative sanctions must be mandatorily supervised, during the execution phase of the sentence, even if it is executed in another (requested) state than the one of conviction (applicant), in order to increase the chances of social reintegration of the convicted person. The study will also analyse some of the solutions of the Romanian courts, the jurisprudence in the application of these provisions being in an early stage.

Keywords

• principle of mutual recognition
• alternative sanctions to detention
• probation
• reintegration
• convicted person
• framework decision