Interruption of execution of the sentence. Forensic expertise. Novelty element of the disease

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

According to the provisions of art. 592 para. 1 C. pr. pen., the execution of the prison sentence or life imprisonment may be interrupted in the cases and under the conditions provided for in Article 589, at the request of the persons referred to in para. 3 of the same Article, and in the case referred to in Article 589 para. (1) lit. a), and at the request of the penitentiary administration.

Also, according to art. 589 para. 1 lit. a) C. pr. pen. the execution of the prison sentence or of the life imprisonment may be postponed when it is found, on the basis of a forensic expertise, that the convicted person suffers from a disease that cannot be treated in the health network of the National Administration of Penitentiaries and which makes it impossible to execute the sentence immediately, if the specificity of the disease does not allow its treatment with the provision of permanent security in the health network of the Ministry of Health and if the court considers that the postponement of the execution and release does not pose a danger to public policy.

Thus, if a disease is invoked, the interruption of the execution of the sentence may be ordered if it is found on the basis of a forensic expertise that the disease suffered by the convicted person cannot be treated in the health network of the National Administration of Penitentiaries and makes it impossible to execute the sentence immediately. The state of health of the detainee does not determine the inopportuneness of keeping him/her in detention, nor does it remove the state of danger to the public order presented by the respondent.