Change of execution regime according to Art. 40 Law 254/2013 in relation to Art. 91 para. 2, letter b of the Regulation implementing Law 254/2013 approved by GD no. 157/2016. The situation where several custodial sentences are not combined under Art. 585

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

Whereas according to Art. 40 para. (6) of Law no. 254/2013 regarding on the enforcement of sentences and measures involving deprivation of liberty ordered by the judicial authorities in the course of criminal proceedings the change of enforcement regime following the commission of a new offence is optional and not mandatory, even if a new sentence has been passed, the amount of which would entail the placement of a person deprived of liberty in the prison regime, in so far as the person has, in the meantime, as a result of his good conduct, acceded to the open regime, and an analysis of the nature of the criminal offence which led to the new sentence does not indicate that he would be at greater risk than under the open regime, it follows that there is no need to transfer him to a more severe regime of enforcement such as imprisonment.

In this case, only the criteria of the prisoner's degree of risk determined by the nature and manner of the new offence, together with the length of the newly imposed sentence and the period served up to the time of the analysis, will be taken into account.

At the same time, when choosing the enforcement regime, it is necessary to take into account the heaviest sentence among those imposed, and if the situation of the sentenced person has already been analysed and a certain enforcement regime has been established, the mere issuing of a new warrant with a lower amount does not justify the application of another more restrictive enforcement regime.