Transfer of sentenced persons under Article 45 of Law no 254/2013. The situation where the sentenced person alleges violation of the right to be held in custody in a prison as close as possible to home.

Application in time of the Decision of the Constitutional Court of Romania no.231/2021, on the finding of unconstitutionality of Article 13 paragraph 5 of GEO no.43/2002 on the National Anticorruption Directorate.

Abstract

According to Article 56, para. (2) and (6), letter a) of Law no. 254/2013 regarding the execution of sentences and deprivation of liberty measures ordered by the judicial bodies during the criminal process convicted persons may lodge a complaint with the judge supervising the deprivation of liberty within 10 days from the date they became aware of the measure taken against the measures concerning the exercise of the rights provided for by this law, taken by the prison administration.

The supervising judge may uphold the complaint, in whole or in part, and order that the measure taken by the prison administration be cancelled or modified, or order the prison administration to take the necessary legal measures.

Also, according to Article 45 para. (2) of Law No. 254/2013, regarding the execution of sentences and measures of deprivation of liberty ordered by the judicial bodies during the criminal proceedings, the transfer of sentenced persons to another prison is ordered by the Director General of the National Administration of Penitentiaries.

Therefore, having regard also to the provisions of Article 9(2) letter a) and art. 8 para. (1) of Law 254/2013 regarding on the execution of sentences and deprivation of liberty measures ordered by judicial bodies during the criminal proceedings, the supervisory judge may only review measures taken by the prison holding the sentenced person which may constitute violations of the rights of persons deprived of liberty, other measures such as those taken by the National Administration of Prisons not approving transfer requests cannot be reviewed by means of the complaint governed by Art. 56 para. (2) of Law no. 254/2013 regardingthe execution of sentences and measures depriving of liberty ordered by the judicial bodies during the criminal proceedings, being necessary to go through a procedure other than the one provided for by Art. 56 para. (2) of the Law, namely the administrative procedure.