Confirmation of the impossibility of the convicted person to perform unpaid work for the benefit of the community, at the request of the Probation Department appointed with supervision. The exclusive competence of occupational medicine physicians

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

Although the convicted person who is to perform work for the benefit of the community does not have the status of „worker” within the meaning of Government Decision no. 355/2007, this normative act is the only one that regulates the modality to certify a person's work capacity and its content reflects that this authorization belongs only to occupational medicine physicians. 
In the same sense are the provisions of Law no. 418/2004, regarding the specific professional status of the occupational medicine physician, which, at Article 8 let. f  provides that the occupational medicine physician determines the fitness for work, during any medical examination. 
Concerning the provisions of Article 51 paragraph 6 of Law no.253 / 2013, they provide that, if the supervised person has become unfit to perform activities among those established by the probation counselor or poses a risk to the health of other persons, said person will submit a medical certificate issued in accordance with the legal provisions confirming that the person is no longer fit. 
In the absence of express specifications in the special law, the medical certificate issued „according to the legal provisions” cannot be issued by the same physicians, who also issue the certificate confirming that the supervised person is fit to perform some of the activities proposed by the probation counselor and does not pose a risk for the health of other persons, according to Article 51 paragraph 3 of Law no.253 / 2013. 
Only this last certificate can be issued by a family physician or a specialist physician, since Law no. 253/2013, as a special law, expressly allows this, which means that if the same special law, at Article 51 paragraph 6, does not refer to the possibility for the family physician or the specialist physician to issue a medical certificate confirming that the supervised person is no longer fit for work, such a certificate may be issued only in accordance with the common framework in the field