Enforcement of sentences imposed

Romania

The Criminal Code

The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 1
Regulations for the execution of penalties of detention General rules for the execution of main penalties of detention

Art.60 – (1) The regulations for executing main penalties of detention is based on the progressive system. The convicts have the possibility, in accordance with the law on penalty execution, to pass from one treatment to another.

(2) Penalties of detention are executed in one of the following treatments :

• a) the maximum-security treatment ;
b) the closed treatment ;
c) the semi-open treatment ;
d) the open treatment.

(3) The treatment for the execution of penalties of detention is founded on the convicts’ possibility to carry out useful work, if they are able to, on the educational action that must be carried out with regard to the convicts, on their observance of labour discipline and of the inner order of the places of detention, as well as on stimulating and remunerating those who are consistent in their work, disciplined and who show serious improvement. All these means need to be used to lead to the social reintegration of convicts and to the prevention of offence commission.

(4) After reaching the age of 60, convicts are allowed to work only if they ask for and only if they are capable to work.

The place and the manner of executing penalties of detention

Art.61– (1) Execution of penalties of detention is done, according to the law on penalty execution, in places expressly destined for this, called prisons.

(2) Women sentenced to penalties of detention shall execute these penalties separately from male convicts.

(3) Minors convicted to penalties of detention shall execute these penalties separately from adult convicts or in special places of detention, while ensuring the possibility for them to continue the obligatory education and to acquire professional training according to their abilities.

Treatment at work

Art.62 - (1) The work carried out by convicts is remunerated, except maintenance work necessary to the prison.

(2) The norms, the working hours and the remuneration for the convict are those established in the law.

(3) Of the convict’s remuneration, one part shall be given to him/her, and the other part shall be given to the prison administration. These parts, as well as how the money is used shall be established through the law on penalty execution.

The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 2
Regulations for the execution of life detention and severe detention


The place and manner of executing the penalty of life detention and of severe detention

Art.63 - (1) Life detention and severe detention shall be executed in prisons expressly destined for this or in special sections of the other prisons.

(2) The treatment for life detention and severe detention is the maximum-security treatment. Persons convicted to life detention or severe detention can pass to the other treatments in accordance with the law on penalty execution.

Non-application of life-detention

Art.64 - (1) Life detention shall not apply to persons who, at the date of pronunciation of the conviction decision, have reached the age of 60 years. In this case, life detention shall be replaced by the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

(2) When the person convicted to life detention has reached the age of 60 during the execution of the penalty, life detention shall be replaced with the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

Calculating the penalty in case of commutation or replacement of life detention

Art.65 - In cases of commutation or replacement of life detention with severe detention, the period of detention executed is considered a part executed from the penalty of severe detention.


Section 3
Regulations for the execution of the penalty of strict imprisonment and of imprisonment


The place and manner of executing the penalty of strict imprisonment

Art.66 - (1) Execution of the penalty of strict imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of strict imprisonment shall be the closed treatment, for persons convicted to strict imprisonment for more than 5 years or the semi-open treatment, for strict imprisonment not exceeding 5 years.

(3) The persons convicted to strict imprisonment can pass to the other treatments in accordance with the law on penalty execution.

The place and manner of executing the penalty of imprisonment

Art.67 - (1) Execution of the penalty of imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of imprisonment shall be the open treatment, provided in the law on penalty execution.

The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 4
Regulations for execution of fines


Contents of the penalty of the fine in the form of days/fine

Art.68 - (1) The penalty of the fine is the sum of money that the perpetrator is sentenced to pay.

(2) The penalty of the fine is applied in the form of days/fine. In this case the total sum to be paid is the result of multiplying the number of days of penalty established by the court in relation to the seriousness of the act and the person of the perpetrator, by the sum representing the evaluation in money of each penalty day, taking into account the perpetrator’s financial possibilities and the legal obligations he/she has with regard to the persons in his/her care.

(3) Should the law provide that an offence is punishable only by fine, without setting forth its limits, the special minimum of days/fine is 20 days, and the special maximum is 120 days.

(4) When the law provides the penalty of the fine, without showing its limits, alternatively with the penalty of detention, the special minimum of days/fine is 40 days, and the special maximum is 180 days, and when the law provides the penalty of the fine alternatively with the penalty of strict imprisonment, the special minimum is 60 days and the special maximum is 240 days.

Replacement of the penalty of the fine in the form of days/fine

Art.69 - (1) In case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of strict imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 500 hours or, if the convict does not consent to this penalty, with the penalty of strict imprisonment.

(2) In the case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 300 hours or, if the convict does not consent to this penalty, with the penalty of imprisonment.

(3) When replacing the penalty of the fine, the length of the days/fine not paid shall be taken into account.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.

(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105 Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.