Romania

1) Judgements and, where applicable, probation decisions entering into the scope of this Framework Decision (Article 2)

a) Member States are asked to describe the judgments and, where applicable, probation decisions, as defined in Article 2, which have to be recognised by a Member State.

In this regard, Member States are asked to make a separated table for each judgement and each probation decision, entering into the scope of the Framework Decision and indicate for each one the following information.

Suspension of the sentence' execution under supervision

Name of the judgement or the probation decision

Suspension sentence under supervision

Suspendarea executarii pedepsei sub supraveghere

Classification of this judgement or the probation decision

Suspended sentence.

Legal basis of this judgement or the probation decision

Art. 91-98 Criminal Code.

Definition of this judgement or the probation decision

Suspension sentence under supervision is an alternative to the execution of the sentence in prison. The person is convicted with a penalty of prison, and the execution of it is suspended. In addition, the court imposes five probation measures and at least one or more obligations within the term of supervision to be respected by the convicted person. Finally, the court assess  if the purpose of the punishment could be achieved in the community without being necessary the imprisonment.

The length of probation period can last between two and four years but not less than the term of imprisonment imposed. The sentence may still be executed if the convicted person commits new offences or violates the probation conditions within this period.

Legal Conditions of this judgement or the probation decision

The court may order Suspension sentence under supervision if the following conditions are met:

(a) the penalty imposed, including in the case of multiple offences, is a term of no more than three years of imprisonment;

(b) the offender was not previously convicted to imprisonment for a term exceeding one year, except when rehabilitation has taken place or the deadline for rehabilitation has arrived;

c) the offender has agreed to perform community service;

(d) by considering the offender’s person, the offender’s conduct prior to the commission of the criminal offense, their efforts to eliminate or mitigate the consequences of such criminal offense and their means of reformation, the court feels that the penalty is sufficient, even without service thereof, that the convict will not commit other offenses, but that it is necessary to monitor their behaviour for a limited period of time.

Type of probation measures

The convicted persons under supervision should comply with  specific measures and obligations.

Measures are imposed altogether and mandatory in case of suspension sentence under supervision. These are:

(a) to report to the probation service on the dates set by the latter;

(b) to receive visits by the probation counsellor appointed to supervise them;

(c) give prior notice of changing the residence and any travel exceeding five days, as well as of their return date;

(d) give notice of changing jobs;

(e) provide information and documents of a nature that will make it possible to check into their livelihood,

The court shall require the convicted person to comply with one or several of the following obligations:

(a) take classes in school  or a vocational training;

(b) to attend one or more social reintegration programmes run by the probation service or organised in collaboration with community entities;

(c) to comply with control,  treatment or medical care;

d) not to leave Romanian territory without the court's consent.

During the probation period, the convicted person shall perform community service for a period between 60 and 120 days (120-240 hours) under the terms set out by court, unless their health prevents them from performing such work.

The convicted person must comply in fully with  civil obligations as ordered in the Court judgment, no later than 3 months before expiry of the probation period.

Combination of sanctions or measures

A prison sentence may be imposed with financial penalties (penal fines).

Authority responsible for taking such a decision

The court (all jurisdictions of judgements)

Authority responsible for supervising

Authorities responsible are probation services subordinated to the National Probation Directorate  within the Ministry of Justice.

The probation service is assigned based on the residence of the convicted  person at the time the judicial decision is considered a final decision.

Probation services ensure the control of how the convicted person complies with measures and obligations imposed by the court and assist the person  in his/her rehabilitation efforts.

During the supervision period, the probation counsellor can request changes of the obligations imposed to the convicted person by submitting a report to the court. The report can recommend adding new obligations, modifying existing ones, or terminating other to increase the chances for rehabilitation. If the supervised person doesn't comply with the measures or obligations, a report can be submitted for revocation of the suspension. A report is also required if the supervised person fails to pay their civil obligations

Authority responsible in case of infringement

The Probation Service – to inform the court regarding the infringement

The court  that imposed the sanction – to decide regarding the probation service request.

There will be a legal revocation of suspension of sentence enforcement under supervision when the person commits a new crime e during the probationary period.

The suspended sentence is also revoked when the person does not comply with the civil obligations (financial obligations) established by the same judgement, except for the situation he/she can prove he/she hasn't the possibility to comply with this obligation.

The suspended sentence can also be revoked when the person in ill-faith, does not comply with the supervision measures or fails to perform the obligations imposed or established by law.

The Probation Service reports the reasons for revoking the suspended sentence to the court. The judge can decide:

- the revocation of the suspended sentence and the execution of the prison sentence

- the continuation of the supervision with the same probation term

 

 


 

Postponement of penalty enforcement

Name of the judgement or the probation decision

Postponement of penalty enforcement

Amânarea aplicării pedepsei

Classification of this judgement or the probation decision

Conditional sentence

Legal basis of this judgement or the probation decision

Art. 83-90 Penal Code

Definition of this judgement or the probation decision

Is that situation where the court rule to postpone enforcement of a penalty and set a time period to be served on probation.

Legal Conditions of this judgement or the probation decision

The Court can rule to postpone enforcement of a penalty and set a time period to be served on probation, if the following conditions are met:

(a) the sentence, including for a situation of multiple offenses, is a fine or no more than 2 years of imprisonment;

(b) the defendant does not have any previous prison sentences, except in case of offences which are no longer provided for by criminal law; amnestied offences, or for which rehabilitation has taken place or the deadline for rehabilitation has arrived;

c) the defendant  has agreed to perform  community service;

(d) considering the person of the defendant, their conduct before committing the offense, their efforts to remove or minimize the consequences of their offense, and their likelihood of rehabilitation, the Court feels that enforcing a penalty immediately is not necessary, but it is nevertheless mandatory to have their conduct supervised for a determined period.

Type of probation measures

During the period of supervision, the person whose sentence has been deferred must comply with the following supervision measures:

(a) to report to the probation service on the dates set by the latter;

(b) receive visits from the probation counsellor appointed to supervise them;

(c) give prior notice of changing the residence and of any travel exceeding five days and of their return;

d) give notice of changing jobs;

(e) provide information and documents of a nature that will make it possible to check into their livelihood.

The court can order a defendant who has been granted postponement of penalty enforcement to comply with one or several of the following obligations:

(a) to take classes in school or a vocational training;

(b) to perform community service for a duration between 30 and 60 days, in the conditions ordered by the Court, except for the case where their health precludes them from performing that service..

c) to attend one or more social reintegration programmes run by the probation service or organised in collaboration with institutions in the community;

d) to comply with control, treatment or medical care;

(e) not communicate with the victim or the victim’s family, with the persons together with whom they committed the offense or with other persons as established by the court, or to not go near such persons;

(f) not to be present in certain places or at certain sport events, cultural or other public gatherings as determined by the court;

(g) not to drive certain vehicles as determined by the court;

(h) not own, use and carry any category of weapons;

i) not to leave the territory of Romania without the court's consent;

j) not take or exercise the position, profession, occupation or activity they used in the commission of the offense,

To order the obligation stipulated at b) above, the court shall consult the information made available periodically by the Probation Service concerning the actual compliance possibilities the Probation Service and the community can provide

When imposing one of the obligations referred to in subparagraphs (e) to (g), the court shall specify the content of that obligation, taking into account the circumstances of the case.

The defendant on probation must comply in full with their civil obligations as ordered in the Court judgment, no later than 3 months before expiry of the probation period.

Combination of sanctions or measures

 A prison sentence may be imposed with financial penalties (penal fines).

Authority responsible for taking such a decision

The court (all jurisdictions of judgements)

Authority responsible for supervising

 Authorities responsible are probation services subordinated to the National Probation Directorate  within Ministry of Justice.

The probation service is designated based on the residence of the supervised person at the time when the judicial decision is considered a final decision.

Probation services ensure the control of how the convicted person complies with measures and obligations imposed by the court and assist the person in his/her rehabilitation efforts.

During the supervision period, the probation counsellor can request changes of the obligations by submitting a report to the court. The report can recommend adding new obligations, modifying existing ones, or terminating some to increase the chances for rehabilitation.. The court shall order an amendment of the obligations accordingly, to provide the supervised individual with increased chances for rehabilitation. The court shall order some of the original obligations to cease when it feels that maintaining them is no longer necessary

If the supervised person doesn't comply with the measures or obligations, a report can be submitted to the court for revocation of the suspension. A report is also required if the supervised person fails to pay their civil obligations

Authority responsible in case of infringement

 The Probation Service – to inform the court regarding the infringement

The court that imposed the sanction – to decide regarding the probation service request.

There will be a legal revocation of the postponement of penalty enforcement when the person commits a new criminal offence during probation.

The postponement of penalty enforcement is also revoked when the person the supervised person fails to fully comply with their civil obligations as ordered in the sane court judgment , except for the situation he/she can prove he/she hasn't the possibility to comply with this obligation.

The postponement of penalty enforcement can also be revoked when the person in ill-faith, fails to comply with the probation measures or obligations ordered to them.

The Probation Service reports the reasons for revoking the postponement of penalty enforcement to the court. The judge can decide:

- the revocation of the postponement of penalty enforcement and rule to enforce the penalty (prison).

- the continuation of the supervision with the same probation term

 

 

Conditional release

Name of the judgement or the probation decision

Liberare condiționată

Conditional release

Classification of this judgement or the probation decision

Probation decision

Legal basis of this judgement or the probation decision

Art. 99-106 Penal Code

Definition of this judgement or the probation decision

It is a measure taken by the court to release a convicted person with imprisonment  before the full sentence has been served if certain conditions are fulfilled  (e.g. if he or she has served a certain length of the prison sentence, if he or she is hard-working, disciplined and gives good evidence of reform and is able to reintegrate into society etc.).

Legal Conditions of this judgement or the probation decision

Conditional release in the case of life imprisonment may be ordered if:

a) the convicted person has served 20 years of imprisonment;

b) the convicted person had a good conduct during the entire sentence service;

c) the convicted person entirely met all civil obligations established by the judgment of conviction, unless they prove to have been unable to do so;

d) the court is convinced that the convicted person has reformed and is able to reintegrate into society.

As of the date of conditional release, the convicted person is subject to a supervision term of  10 years.

 

Conditional release in the case of imprisonment may be ordered if:

(a) the convicted person has served at least two-thirds of the penalty, in case of a term of imprisonment no longer 10 years, or at least three quarters of the penalty, but no more than 20 years in prison, in case of a term of imprisonment exceeding 10 years;

b) the convicted person is serving a sentence in semi-open or open regime of imprisonment;

(c) the convicted person fulfilled completely all civil obligations established by the judgment of conviction, unless they prove to have been unable to do so;

(d) the court is satisfied that the convicted person has reformed and is able to reintegrate into society.

A convicted person of 60 years or older may be eligible for conditional release after serving half of their sentence in case of a term of imprisonment not exceeding 10 years. If the imprisonment term exceeds 10 years, the convicted person must serve at least two-thirds of their sentence before being eligible for conditional release.

Type of probation measures

Supervision measures and obligations. If the part of the sentence not served at the date of release is 2 years or more, the cconditional released persons must comply with the following supervison measures:

a) report to the probation service on the dates set by the latter;

b) receive visits from the person designated to supervise them;

c) give prior notice of any change of residence and any travel exceeding 5 days;

d) give notice of changing jobs;

e) provide information and documents of a nature that will make it possible to check into their livelihood.

Also,  the court may require the convicted person to perform one or more of the following obligations:

a) to take classes in school or a vocational training;

b) to attend one or more social reintegration programmes run by the probation service or organised in collaboration with institutions in the community;

c) not to leave the territory of Romania;

d) not to be present in certain places or at certain sport events, cultural events or other public gatherings, as determined by the court;

e) not communicate with the victim or the victim’s family, with the persons together with whom they committed the offense or with other persons as established by the court, or to not go near such persons;

f) not to drive certain vehicles as determined by the court;

g) not own, use and carry any category of weapons.

When establishing the obligation provided for in paragraphs d) - f), the court shall specify the content of that obligation, taking into account the circumstances of the case.

Combination of sanctions or measures

 A prison sentence may be imposed with financial penalties (penal fines).

Authority responsible for taking such a decision

The court (all jurisdictions of judgements)

Authority responsible for supervising

Authorities responsible are probation services subordinated to the National Probation Directorate within the Ministry of Justice.

The probation service is designated based on the residence of the supervised person at the time the judicial decision is considered a final decision.

Probation services ensure the control of how the conditional released person complies with measures and obligations imposed by the court and assist the person in supporting his/her rehabilitation efforts.

During the supervision period, the probation counsellor can request changes to the obligations by submitting a report to the court. The report can recommend adding new obligations, modifying existing ones, or terminating some to increase the chances for rehabilitation. The court may order the change of obligations accordingly so as to ensure better chances for the convict to be socially reintegrated. The court suspends service of some of the obligations imposed by when it deems that their maintaining is no longer required.

If the supervised person doesn't comply with the measures or obligations, a report can be submitted to the court for revocation of the suspension.

Authority responsible in case of infringement

 The Probation Service – to inform the court regarding the infringement

The court that imposed the sanction – to decide regarding the probation service request.

There will be a legal revocation of the conditional release when the person commits a new crime during the supervision period.

The conditional release can also be revoked by the court if during the supervision term the convicted person, in ill-faith, does not comply with the supervision measures or fails to perform the obligations imposed.

The Probation Service reports the reasons for revoking the conditional release to the court. The judge can decide:

- the revocation of parole and the execution of the prison sentence

- the continuation of the supervision with the same probation term

 

2) Probation measures and alternative sanctions (Article 4)

In Article 4 of the Framework Decision types of probation measures and alternative sanctions are stated. Member States are asked to describe the probation measures and alternative sanctions attached to those judgements and probation decisions:

a) In the table below please describe how probation measures and alternative sanctions set out in Article 4.1 are reflected in your domestic law and please give a description of each of them.

Probation measures / alternative sanctions

Explanation

Obligation for the sentenced person to inform a specific authority of any change of residence or working place

The content of the obligation in RO national law:

1. to notify probation service of a change of residence and of any travel exceeding five days and of return;

2. to notify a change of employment;

The supervised person must inform the probation service before any change of residence and any travel exceeding five days, communicating the new address, telephone number and, if applicable, the return date. In urgent cases, notification is first made by telephone, e-mail or fax. In the event of any travel exceeding five days, the probation officer shall, at the time of notification, provide the probation officer with the address and/or telephone number at which he or she can be reached during the journey. At the end of the travel, the supervised person shall notify the probation counsellor case manager by telephone of his/her return and confirm the next appointment date. If the supervised person is a foreign national who changes residence or travels abroad, the probation counsellor case manager informs the territorial immigration structure. The notifications shall be accompanied by supporting documents relating to the new place of residence or the movement.

 The supervised person must notify the probation service as soon as possible of any employment change. The notification shall be made in writing only, stating the reasons for the change of place of employment, the new workplace of the supervised person, the nature of the work he or she is doing and a description of the work, enclosing supporting documents within 30 days of the date of employment. However, suppose the supervisee does not provide supporting documents, the probation counsellor shall verify the authenticity of the information, without affecting the person's situation, by contacting the employer, the beneficiary of the work or by consulting other relevant sources.

Obligation not to enter certain localities, places or defined areas in the issuing or executing State

 The content of the obligation in RO national law:

1. not to be present in certain places or at certain sport events, cultural events or other public gatherings, as determined by the court

The competent probation service shall communicate the obligation to the county police in whose district the supervised person resides, respectively, to the General Police Directorate of Bucharest when the supervised person's residence is in Bucharest. Furthermore, a notification is made to the relevant authorities if a person is prohibited from attending certain events or gatherings. These include the General Inspectorates of the Romanian Police, Gendarmerie, Border Police and Immigration (for foreign citizens) or the General Directorate of Police of Bucharest if the person lives there. The matter is referred to the probation service if a violation is found. 

Obligation containing limitations on leaving the territory of the executing State

The content of the obligation in RO national law:

·         not to leave the territory of Romania

and

  • not to leave the territory of Romania without the court consent

The probation service is to notify the content of the obligation established by the court to the General Inspectorate of the Border Police, the General Directorate of Passports and the General Inspectorate for Immigration, in the case of foreign citizens. If the border police finds a violation of the obligation, they will notify the probation service

 

Instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity

The possible content of the obligation in RO national law:

1. to take classes in school or a vocational training;

2. to attend one or more social reintegration programmes run by the probation service or organised in collaboration with institutions in the community;

If the convicted person is required to attend an educational or vocational training course the probation counsellor shall determine the educational or vocational training, taking into account the situation and needs of the probationer. After the initial assessment, depending on the needs and areas of interest of the supervised person, the probation counsellor case manager identifies the institution in the community, determines the course in which the supervised person will be enrolled, and draws up the decision to enforce the obligation. If the supervised person is already attending an educational or vocational training course on his/her initiative the probation counsellor will inform the school or institution conducting the qualification course of the obligation imposed by the institution.

 If the supervised person is obliged to attend a reintegration programme, the probation counsellor, depending on the assessment results, may decide to attend a programme run within the probation service or at an accredited institution in the community. The obligation to attend a social reintegration programme shall also be considered fulfilled if the supervised person attends the programme at his or her own expense and provides proof of attendance.

Obligation to report at specified times to a specific authority

The content of the obligation in RO national law:

1. to report to the probation service on the dates fixed by the latter;

 The supervised person must report to the probation service on the dates set by the probation counsellor case manager, according to the schedule of meetings. If a supervised person can't attend a scheduled appointment for objective reasons, they must notify the probation service beforehand. If that's not possible, they must report to the probation service within 3 working days after the reasons for their absence no longer exist.  The communication shall be accompanied by supporting documents.

Obligation to avoid contact with specific persons

The content of the obligation in RO national law:

1. not communicate with the victim or the victim’s family, with the persons together with whom they committed the offense or with other persons as established by the Court, or to not go near such persons;

The probation counsellor communicates the content of the obligation to the relevant county police inspectorate or the General Directorate of Police of Bucharest if the supervised person lives there. If the victim or court-established persons live in a different district, the content of the obligation is communicated to their respective county police inspectorates. 

Obligation to avoid contact with specific objects, which have been used or are likely to be used by the sentenced person with a view to committing a criminal offence

The content of the obligation in RO national law:

- not to drive certain vehicles determined by the court;

- not to possess, use and carry any category of weapons

For the prohibition of these rights, the probation counsellor shall communicate the content of the obligations to the county police inspectorate in whose district the convicted person resides;

Obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation

Persons whose sentences have been suspended under the supervision and whose sentences have been postponed are required to pay their civil obligations in full till the end of the supervision period. If a convicted person doesn't fulfil their civil obligations by the end of the probation period, the court may enforce the prison sentence. However, if the person can prove they could not do so, the penalty may not be enforced. The probation counsellor is also obliged to inform the court three months before the expiry of the supervision period of the failure to pay the civil obligations in full.

The payment of civil obligations is a condition for granting conditional release unless he or she proves that this obligation could not be fulfilled during incarceration.

Obligation to carry out community service

The content of the obligation in RO national law:

- If the court orders suspending a prison sentence under supervision, the convicted person is obliged to perform community service for 60-120 days (120-240 hours) as set by the court. However, this obligation may not be imposed if the person cannot perform such work due to their health reasons.

- In the case of persons against whom the court has ordered postponement of the sentence, it may require them to perform community service for a period of 30 to 60 days (60 to 120 hours) under the conditions set by the court, unless the person is unable to perform such work due to their health reasons.

The court must specify in the judgment two places where the community service is to be performed. The probation counsellor verifies the existence of available places in the two institutions in the community mentioned in the court judgment, as well as the type of work that can be performed, and informs the supervised person during the assessment interview about the concrete possibilities of fulfilling the obligation. The probation counsellor will also ask the convicted person to submit medical documents attesting to his/her capacity to work and will determine which of the two institutions in the community mentioned in the judgment the obligation is suitable for the execution of the obligation.

Obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons

Even there is no specific provision in Romanian law, the obligation to cooperate with a probation officer must be assumed. 

The convicted person must attend meetings at the probation service on dates set by the probation officer or court. In addition, they must provide information on how they're complying with measures and obligations and any other significant information related to reoffending risks and harm to the public or themselves..

Obligation to undergo therapeutic treatment or treatment for addiction

The content of the obligation in RO  national law:

1.      to comply with control, treatment or medical care measures;

If the court has established, through a judicial decision, the institution that carries out the control, treatment or medical care the probation counsellor contacts the established institution, verifies the person's registration, request information on the selected program and monitors the progress of the control, treatment or medical care activity. If the court has not established, through a judicial decision, the institution that carries out the control, treatment or medical care, the probation counsellor, based on the initial evaluation and after consulting with the supervised person, establishes the community institution for the implementation of the obligation.

b) In your domestic law are there any probation measures and alternative sanctions which are not covered by Article 4.1?

No.

a) Does your domestic law provide for a specific treatment regarding any category of offences (e.g. sexual offences, domestic violence)?

There are legal provisions regarding:

1.         Prevention of domestic violence (Law 178/2008 on preventing and combating domestic violence)

2.         Regarding offences against sexual life (Law No 118/2019 on the National Automated Register of persons who have committed sexual offences, exploitation of persons or offences against minors)

3) Electronic monitoring

Does your national law provide for the possibility to use Electronic Monitoring?

For persons conditionally released, their compliance with obligations not to be present in certain places or events or to communicate with certain individuals as determined by the court may be supervised through an electronic surveillance system.

- If no, do you intend to provide Electronic Monitoring in the future?

- If yes:

· Is Electronic Monitoring part of the classification provided for in Article 2 of this Framework Decision (suspended sentence, conditional sentence, conditional release or alternative sanction)?

No

· Is Electronic Monitoring considered as an execution modality of imprisonment, if other than conditional release?

No

· Is Electronic Monitoring considered a way of applying a probation measure or as a probation measure in itself?

No

· What are the technical means provided for in your Member State that enables the use of the Electronic Monitoring (e.g. GPS)?

Not mentioned in the law.

· Is Electronic Monitoring dependant on particular conditions?

No

4) Formalities

Member States are invited to sum up the documents that the national competent authorities need in order to take at national level a judgement and, where applicable, a probation decision (e.g. criminal record, social inquiries, medical expertise).

Member States are invited to sum up the documents that the national competent authorities need in order to take at national level a judgement and, where applicable, a probation decision (e.g. criminal record, social inquiries, medical expertise).

In order to take a judgement, the court needs documents with evidence value.

The means of evidence that lead to the factual elements that may serve as evidence are: the testimonies of the defendant, the testimonies of the victim, of the civil party or of the party who bears the civil responsibility, the testimonies of the witnesses, the writings, the audio or video recordings, the photos, the probative material means, the technical-scientific findings, the medical-legal findings and the expertise.

Other documents used by the court are: criminal record, presentence report (mandatory for all minors and optional for adults) and any other kind of document that are considered in any specific case.

 

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