Romania

The Criminal Code

The General Part

Title III
Penalties

Chapter VI
Personalisation of penalties

Section 7
Penalty calculation


Length of execution

Art.110 - (1) The length of execution for penalties of detention shall be established beginning with the day when the convict began execution of the final decision of conviction.

(2) The day when the penalty execution commences and the day it ceases shall be calculated as part of the length of execution.

(3) The time in which the convict, during penalty execution, is ill in a hospital, shall be considered a part of the length of execution, except for cases when the illness is deliberately self-inflicted, and this circumstance is found during the penalty execution.

Calculating detainment and preventive arrest

Art.111- (1) The time spent in detainment and preventive arrest shall be deducted from the duration of the penalty pronounced. Deduction shall be done also when the convict has been prosecuted or tried, at the same time or separately, for several concurrent offences, even if he/she was removed from prosecution, if the criminal prosecution has ended or he/ she was acquitted or the criminal trial for the act that determined the detainment or preventive arrest has concluded.

Calculation of detention executed outside the country

Art.112 – For offences committed according to Art.11, 12 or 13, the part of the penalty, as well as the detainment or preventive arrest executed outside the country shall be deducted from the duration of the penalty applied for the same penalty by Romanian courts.

Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings



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