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September 19, 2019
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ANP: Over 14k inmates benefit from the law of the compensatory appeal until end-2018. JusMin Toader argues relevant ministry considered Compensatory Appeal Law unconstitutional

As many as 14,402 detainees have benefited from the law of the compensatory appeal since it has entered into force until the end of 2018, of whom more than 11,800 were released as a result of their request of conditional release being admitted by the courts of law, according to a communique by the National Penitentiaries Administration (ANP).

“As many as 11,851 persons were released following the admission of the conditional release by the competent courts and the rest of 2,551 were released when accomplishing their due time. Likewise, out of the total released persons, benefiting from the provisions of Law 169/2017, some 724 persons returned to jail, representing 5.02pct of the total of the beneficiaries of the compensatory appeal. Here we should specify that not all of the persons who have returned to prison, after their release have committed criminal offenses in the period of their post-detention, some of them had other criminal files underway, in various stages of criminal investigation even before being released,” the source says.

According to the ANP, in 2014 as many as 11,392 persons were conditionally released, in 2015 – 10,920, in 2016 – 9,216, in 2017 – 10,554, and in 2018 – 8,859. The ANP specifies that the number of the persons who were released at due time was: 967 in 2014, 890 in 2015, 968 in 2016, 1,787 in 2017 and 1,692 in 2018.

According to the same press release, the figures of those who have returned to jail are as follows: 3,598 in 2014, 2,660 in 2015, 1,779 in 2016, 1,366 in 2017 and 448 in 2018.

ANP adds that the release is carried out immediately, when the period of imprisonment expires, at the time of the final decision by which the conditional release was enforced as well as at any other date decided by the competent judicial bodies, in the situations particularly provided by the law, the administration of the imprisonment facility having accomplished the obligations provided by the legal regulations in the matter.

“Likewise, as regards the enforcement of the conditional release complementary institution, we inform that this entails the cumulative fulfillment of certain strict and limitative conditions provided by the law, the admission of the conditional release involving the creation of the court conviction that the convicted person has acquired a complex of social values necessary for his/her subsistence in society, in conditions of legality,” the source adds.

 

JusMin Toader argues relevant ministry considered Compensatory Appeal Law unconstitutional

 

Minister of Justice Tudorel Toader says that the proposed amendments to the Compensatory Appeal Law did not get the approval of the ministry he is heading and suggested that this piece of legislation is unconstitutional.

In a Facebook message on Tuesday Toader made further clarifications on the compensatory appeal in the context of recent criticism levelled at him for the release of violent offenders who then relapsed.

Toader explains the track for the adoption of the Compensatory Appeal Law “for everyone to understand” and says the regulatory act was initiated by former Justice Minister Raluca Pruna, got the seal of approval from the Superior Council of the Magistrates (CSM) and was further amended in Parliament.

“In conclusion: the bill was initiated under the previous government. CSM considered that in order to take effect, the 3-day compensation could be deemed as time served, in lieu of a conditional release benefit. The Senate consented to CSM’s proposal. The Chamber of Deputies then replaced the 3 days with 6 days considered jail time for every 30 days of imprisonment in improper conditions. The Ministry of Justice did not agree with the proposed amendments, considering also the impact study received from the National Administration of Penitentiaries. The Chamber of Deputies extended the benefit to other criteria too. The Constitutional Court was notified with regard to the a priori review. The position of the Ministry of Justice was that the law is unconstitutional,” argues Tudorel Toader.

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