European arrest warrant. The replacement of the proceedings of the execution of the European arrest warrant with the procedure of recognition and enforcement of any conviction decisions governed under the Council Framework Decision no. 2008/2009

DREPT PENAL ȘI DREPT PROCESUAL PENAL

Abstract

The incrimination rule governed by art. 285 of the Criminal Code supposes as prerequisite the existence of a legal condition of retention or detention from the power of which a person deprived of freedom may evade. The Romanian legislator has not incriminated among the requirements of typical character of the crime of escape, also the offense of escaping from the power of the preventive measure of house arrest. In such a situation, the Romanian legislator considered that if a person being under the power of the preventive measure of house arrest leaves the house where he or she executes the respective measure without the consent of the judicial bodies which ordered such a measure, hence, in relation to the respective person the replacement of the preventive measure of house arrest with the pre-trial detention may be ordered under the terms laid down in art. 221 para. (11) of the Code of Criminal Procedure. The fact that the lawyer designated to represent him or her before the Italian judicial bodies has refused to perform the legal assistance services during the criminal proceedings initiated against the respondent cannot represent a reason for denial of the application for recognition and enforcement of the conviction decision delivered in Italy, as the respondent had knowledge about the existence of the criminal proceedings initiated against him or her (designating a lawyer which should represent him or her before the Italian authorities), and he has not undertaken any subsequent action to deal with the state of the criminal proceedings initiated against her.