SAFETY MEASURE OF MEDICAL HOSPITALIZATION REQUIREMENTS IMPOSED BY THE PRINCIPLES OF JUDICIAL COOPERATION

Abstract

The aim of this paper is to highlights the requirements that are imposed by the rules of European judicial cooperation in criminal matters, assumed both by Romania and other European Union Member States, in the matter of the transfer of sentenced persons with reference to a specific case. The foreigners who are deprived of their liberty as a result of their commission of a criminal offence in a Member State of EU can be transferred to their own countries in order to further the ends of justice and the social rehabilitation of sentenced persons. The mechanism of the transfer of these sentenced persons is based on a high level of confidence between Member States and presupposes that the decisions to be recognised and enforced will always be taken in compliance with the principles of legality, subsidiarity and proportionality. Considering this confidence, the executing state will have to respect the legal nature and duration of punishment or safety measure as they result from conviction. Otherwise, we are dealing with an impairment of the principle of mutual recognition and immediate execution of judicial decisions.