Change of execution regime under Art. 40 of 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 notion of a new custodial sentence.

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

During the execution of a custodial sentence, situations may arise in which two or more enforcement warrants are issued successively in the name of a person deprived of liberty, in which case the sentence may be modified in accordance with Article 585(1) of the Criminal Procedure Code by the enforcement court and a new single enforcement warrant is issued.

However, the new custodial sentence provided for in the warrant of execution issued under Article 585(1) of the Criminal Procedure Code cannot be regarded as a consequence of a new custodial sentence within the meaning of Art. 91 para. (2)(b) of the Regulation implementing Law no. 254/2013 regarding on the enforcement of custodial sentences and measures involving deprivation of liberty ordered by judicial bodies in the course of criminal proceedings.

This is because the basis for a new custodial sentence can only be the commission of a new offence other than those for which the person concerned has already been convicted and is serving.

On the other hand, if the person deprived of liberty is already serving sentences to which he or she has been definitively sentenced for the commission of criminal offences, the simple operation of combining these sentences into a single sentence cannot be regarded as a new sentence, even if the amount of the sentence has been increased or increased by arithmetical accumulation.

Also, failure to engage in social reintegration activities cannot be a reason for changing the enforcement regime to a more severe one, as it is not a case provided for by Article 40(6) of Law 254/2013, but possibly for maintaining the same enforcement regime and not granting the benefit of a more lenient enforcement regime.