Disputable aspects in relation to the place for the execution of the punishment

  • Ofelia Maria Creța Faculty of Law, Babeș-Bolyai University, Cluj-Napoca; Alba Tribunal
Keywords: supervisory judge in the field of custodial sentences, negative conflict of jurisdiction, detained person, transfer, complaint/challenge, administrative litigation


Establishing the place for the execution of a punishment is the attribution of a single national institution: the National Administration of Penitentiaries. By Law no. 254/2013, the main regulation in the field of custodial sentences, only a single criterion is being mentioned, namely that the place of the execution of the custodial sentence should be as close as possible to the home of the convicted person. The decision of the central institution does not benefit of a special challenging procedure, and until recently the transfer decisions were appealed according to the common procedure in administrative courts. A decision of the High Court, on the occasion of the settlement of a negative conflict of jurisdiction, established the jurisdiction of the supervisory judge. This study addresses the relevant regulations and follows the judicial case-law on this subject, while exposing, at the same time, the elements that can be criticized regarding the decision of the supreme court. At the same time, the study includes an analysis of the ECtHR case-law regarding the execution and transfer of convicted persons to prisons far from home.