SAFETY MEASURE OF MEDICAL HOSPITALIZATION REQUIREMENTS IMPOSED BY THE PRINCIPLES OF JUDICIAL COOPERATION (English version)

Mihaela Laura Pamfil ()
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Mihaela Laura Pamfil: Faculty of Law of “Petre Andrei” University of Iasi, Romania

Jurnalul de Studii Juridice, 2011, vol. 1-2, 181-186

Abstract: The aim of this paper is to highlights the requirements that are imposed by the rules of European judicial cooperation in criminal matters, assumed both by Romania and other European Union Member States, in the matter of the transfer of sentenced persons with reference to a specific case. The foreigners who are deprived of their liberty as a result of their commission of a criminal offence in a Member State of EU can be transferred to their own countries in order to further the ends of justice and the social rehabilitation of sentenced persons. The mechanism of the transfer of these sentenced persons is based on a high level of confidence between Member States and presupposes that the decisions to be recognised and enforced will always be taken in compliance with the principles of legality, subsidiarity and proportionality. Considering this confidence, the executing state will have to respect the legal nature and duration of punishment or safety measure as they result from conviction. Otherwise, we are dealing with an impairment of the principle of mutual recognition and immediate execution of judicial decisions.

Keywords: judicial cooperation; principle of mutual recognition; safety measure; medical hospitalization; transfer of sentenced person; continuation of sentence (search for similar items in EconPapers)
JEL-codes: A23 K32 (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:1-2:y:2011:i::p:181-186

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