legea 254 din 2013_educatie, liberare, recompense, abateri si sanctiuni en

„An information campaign for prisoners regarding the provisions of the Law no.254/2013, as well as the governmental decree on the

implementation of Law no. 254/2013 254/2013”

National Penitentiary Administration

Law no. 275/2006 , paragraph 65^1 Access to academic courses

Legea 254/2013 ART. 91 Access to programs of academic studies

(1) The confinement condemned persons may attend distance academic education courses or part-

time courses.

(2) Attending academic study part-time courses is

available only for condemned persons who carry

out their confinement penalty under the

open penalty execution system.

Law no. 254/2013 TITLE III – CHAPTER VII

EDUCATIONAL ACTIVITIES, PSICHOLOGICAL AND SOCIAL ASSISTANCE, SCHOOL INSTRUCTION, ACADEMIC EDUCATION AND VOCATIONAL FORMATION OF THE CONDEMNED PERSONS

Law no. 275/2006 , paragraph 66 Vocational training

Law no. 254/2013 paragraph 92 Vocational training

(1) The vocational training for the confinement condemned persons takes place according to their options and abilities, by means of skills formation and reconversion courses, established by the penitentiary administration together with the National Agency for Labour Occupancy or by its districtual branches. The graduation diploma does not mention that the courses are attended in confinement.

(5) Condemned persons who carry out their confinement penalty under the open penalty execution system may, at their request and with the penitentiary director’s approval, attend outside the penitentiary grounds vocational courses other than the ones provided (introduction programs, skill formation, reconversion, proficiency and specialization courses, established by the penitentiary administration together with the trained personnel from the labor occupancy agencies, as well as with other authorized vocational training services providers).(6) Expenses occurred with regard to the vocational training mentioned at paragraph (5) are the duty of the condemned person or of other natural persons or legal entities.

Law no. 254/2013 TITLE III – CHAPTER VII

EDUCATIONAL ACTIVITIES, PSICHOLOGICAL AND SOCIAL ASSISTANCE, SCHOOL INSTRUCTION, ACADEMIC EDUCATION AND VOCATIONAL FORMATION OF THE CONDEMNED PERSONS

Law no. 254/2013

TITLE III – CHAPTER VIIEDUCATIONAL ACTIVITIES, PSICHOLOGICAL AND SOCIAL ASSISTANCE, SCHOOL INSTRUCTION, ACADEMIC EDUCATION AND VOCATIONAL FORMATION OF THE CONDEMNED PERSONS

Paragraph 93 Special provisions regarding women and young convicts(1) Women and young convicts will be provided with the necessary conditions for attending the appropriate educational activities and psychological and social assistance, according to their needs and personalities.(2) Paragraph 90 - 92 provisions will be applied accordingly.

Paragraph 94 Special provisions regarding disabled condemned persons (1) The National Penitentiary Administration and the penitentiary administration take

appropriate measures in order to protect the physical and psychological health of the disabled condemned persons.

(2) The disabled condemned persons will be provided the means to participate to educational, cultural, therapeutic, psychological assistance, social assistance and moral-religious activities, according to their needs and personalities.

(3) Vocational training activities for the disabled condemned persons will be organized by the penitentiary administration together with the specialized personnel from the Ministry for Labor, Family, Social Care and Elderly Persons.

(4) Paragraph 90 - 92 provisions will be applied accordingly.

Law no. 275/2006 , Paragraph 75 The conditions for putting on parole

Law no. 254/2013 , Paragraph 95 The conditions for putting on parole

The condemned person who is tenacious with work, disciplined, gives solid

proofs of correction, considering his/her penal

history may be put on parole before the end of the whole

of the confinement sentence, under the provisions of the

Penal Code.

The condemned person may be put on parole before the

end of the whole of the confinement sentence if he/she complies with the conditions stipulated at

paragraph 99 or, as applicable, at paragraph 100 from the Penal Code

Law no. 254/2013 TITLE III – CHAPTER VIII

PUTTING ON PAROLE

Law no. 275/2006 , Paragraph 76 The fraction of the sentence time considered as carried

out based on the work performed or on the educational instruction or on the vocational training

Law no. 254/2013 Paragraph 96 The fraction of the sentence time considered as carried out

based on the work performed or on the educational instruction or on the vocational training

(1) The sentence that is considered carried out based on the work performed, or on the educational instruction, or on the vocational training, will be calculated as follows:

e) in the case of attending educational, vocational training or profesional conversion courses, an amount of 30 days will be considered as carried out for completion of one school year or for completion of one vocational training or profesional conversion course;

f) in the case of a published scientific paper or of a certified invention or innovation, an amount of 3 carried out days will be calculated for 2 working days.

(1) The sentence that is considered carried out based on the work performed, or on the educational instruction, or on the vocational training, will be calculated as follows:

e) in the case of attending vocational training or profesional conversion courses, an amount of 20 days will be considered as carried out for completion of one vocational training or profesional conversion course;

f) in the case of a published scientific paper or of a certified invention or innovation, an amount of 30 carried out days will be calculated for each scientific paper or certified invention or innovation.


PUTTING ON PAROLE

Law no. 275/2006 , Paragraph 77 Procedure of puting on parole

Law no. 254/2013 Paragraph 97 Procedure of puting on parole

(1) Parole will be granted according to the procedure

stipulated in the Penal Procedure Code, at the

condemned person’s request or at the individualization of the penalty execution comission

proposal.

(1) Parole will be granted according to the procedure

stipulated in the Penal Procedure Code, at the

condemned person’s request or at the parole comission

proposal.


PUTTING ON PAROLE

Law no. 275/2006 , Paragraph 77 Procedure of putting on parole

Law no. 254/2013 Paragraph 97 Procedure of putting on parole

(2) A commission consisting of the director, the deputy director for the confinement security and the penitenciary system, the deputy director for education and socio-psichological assistance, the penitentiary GP, a worker from the production department, and with the participation of the delegate judge for the execution of the confinement penalty as a chairman, makes the proposition for parole.

(2) The parole commission consists of the magistrate supervising the confinement penalty as a president, the director of the penitentiary, the deputy director for the confinement security and the penitenciary system, the deputy director for education and socio-psichological assistance and a probation officer from the territorial competent probation department, according to law.

The secretarial duties of the commission will be provided by the chief of the records department from the given penitentiary.


PUTTING ON PAROLE



The commission for the individualization of the penalty execution system proposes the parole

(2) taking into account the fraction of the penalty that is actually carried out, and the part of the penalty time considered as carried out as resulted from the work performed, the conduct of the condemned person and her/his efforts for social reintegration, especially at the educational, cultural, therapeutic, psychological assistance, social assistance, school instruction and vocational training activities, from the entrusted responsibilities, the rewards granted, the disciplinary sanctions and his/her penal history.

(3) The commission draws up propositions for parole taking into account:

a) the fraction of the penalty that is actually carried out, and the part of the penalty time considered as carried out according with paragraph 96;

b) the confinement penalty execution system where the condemned person is distributed;

c) fulfillment of the civil obligations for the damage according to the court sentence, excepting the case a proof of being unable to do this is provided;

d) the conduct of the condemned person and her/his efforts for social reintegration, especially at the educational, cultural, therapeutic, psychological assistance, social assistance, school instruction and vocational training activities, from the entrusted responsibilities, the rewards granted and the disciplinary sanctions;

e) his/her penal history.

.


PUTTING ON PAROLE

Law no. 254/2013

TITLE III – CHAPTER VIIIPUTTING ON PAROLE

Law no. 275/2006, Paragraph 77 The procedure of putting on parole(3) The commission proposition to admit the parole, drawn in a reasoned report, together with the

documents that certify the mentions from the report, are forwarded to the corresponding territorial court of law according to the penitentiary location;

Law no. 254/2013, Paragraph 97 The procedure of putting on parole(4) In its activity, the commission takes into account the results of the application of the

standard instruments for the evaluation of the activities performed by the convicts, approved by decision of the general director of the National Penitentiary Administration.

(5) The condemned person is brought if front of the parole commission, except when there is a certain medical condition certified by a GP, that impedes his/her presentation. In this situation, the condemned person may forward documents.

(6) The proposition of the parole commission is part of a reasoned report that contains the position of the commission members on the parole.

(7) The probation counselor from the territorial competent probation office corresponding to the location of the penitentiary will append to the parole proposition report the recommendations regarding the supervision measures and the obligations provided by the paragraph 101 from the Penal Code, that can be enforced by the judiciary court, in case the remaining fraction of the confinement time that had not been carried out at the time of the parole is equal or greater than 2 years.

(8) The provisions of paragraph (7) do not apply to condemned persons of foreign nationality who are under the complimentary penalty stipulated by paragraph 66 line (1) letter c) from the Penal Code.

(9) The condemned person may present in front of the parole commission proofs that the civil obligations for the damage according to the court sentence have been settled or he/she has been unable to fulfill his/her obligations.

(10) The report mentioned in paragraph (6), together with the documents that certify the mentions from the report, are forwarded to the corresponding territorial court of law according to the penitentiary location and the condemned person is informed on the report at once.



(4) In case the commission determines that the condemned person does not comply with the parole conditions, the report mentioned in paragraph (3) sets a term for reexamining his/her situation no longer than one year. At the same time, the commission informs the condemned person on the report and also, under signature, that he/she may go directly to court with the parole petition.

(11) In case the commission determines that the condemned person does not comply with the parole conditions, the report mentioned in paragraph (6) sets a term for reexamining his/her situation no longer than one year. If the parole petition is submitted before the fulfillment of the condition regarding the completion of the fraction as specified in the Penal Code, and the remaining execution time until this fraction is completed is bigger than one year, the commission will set a term at the date the fraction is completed, as specified in the Penal Code. In case the execution time remained until the fraction is completed is smaller then a year, the commission may set a term after the completion of the fraction as specified in the Penal Code, but may not exceed one year. At the same time, the commission informs at once the condemned person on the report. Within 3 days from the signed acknowledgment, the condemned person may forward a parole petition to the corresponding territorial court of law according to the penitentiary location.


PUTTING ON PAROLE



(5) When the condemned person goes directly to court with the parole petition, the petition will be accompanied by the report of the commission for the individualization of the confinement penalty execution, together with the documents that certify the mentions included in the report.

(12) The working procedures of the parole commission are set by the implementation rule of the present Law.


PUTTING ON PAROLE

Law no. 275/2006 , Paragraph 68 Reward types

Legea 254/2013 ART. 98Tipurile recompenselor

(1) The confinement penalty condemned persons who have a good behavior, and show perseverance in work or in educational, cultural, therapeutic, psychological and social assistance activities, in educational and vocational training, may be awarded the following rewards:

a) entrusting of a responsibility in the activities mentioned at paragraph 64;

b) revoking of a previous disciplinary sanction;

c) supplementing the right for packages and visits;

d) awarding of prizes consisting in materials for occupational activities;

....

(1) The condemned persons who have a good behavior, and show perseverance in work or in educational, cultural, therapeutic, psychological and social assistance activities, in educational and vocational training, may be awarded the following rewards:

a) revoking of a previous disciplinary sanction;

b) supplementing the online conversations number;

c) supplementing the right for packages and visits;

d) supplementing the right for intimate visit abiding by the conditions provided at paragraph 69, with the exception of line (1) letter d);

.....

(4) The sum of all the leave out of the penitentiary days of the condemned persons may not exceed 30 days, when the penalty execution system is changed;

(5) The general director of the National Penitentiary Administration may order the annulment of the rewards awarded by the commission specified at paragraph (2), under well documented justifications.

Law no. 254/2013 TITLE III - CHAPTER IX

REWARDS, INFRINGEMENTS AND DISCIPLINARY SANCTIONS

Law no. 275/2006 , Paragraph 69 Permission to leave the penitentiary

Legea 254/2013 ART. 99Permisiunea de ieşire din penitenciar

(5) The permission to leave the penitentiary, granted according to line (1) letter e) may be granted for a maximum of 5 days to all condemned persons, regardless of the penalty execution system, if the provisions of paragraph 68 line (1) are satisfied.

(5) The permission to leave the penitentiary, granted according to line (1) letter e) may be granted for a maximum of 5 days to all condemned persons, except those who execute their confinement penalty under the maximum security system, if the provisions of paragraph 68 line (1) are satisfied.

(6)The petition for permission to leave the penitentiary will be accompanied by the exact description by the detainee of the destination place and the itinerary as well as the financial means available to him/her on the duration of the permission to leave the penitentiary.



Law no. 254/2013

TITLE III - CHAPTER IXREWARDS, INFRINGEMENTS AND DISCIPLINARY SANCTIONS

Paragraph 100 Disciplinary offences

(1) Very serious disciplinary offences are related with the infringement of the provisions of paragraph 81, letter a) to c) and paragraph 82 letter a) to p), intentionally determining another condemned person to commit one of the deeds mentioned at paragraph 82 letter a) to p), as well as the infringement of other obligations and interdictions considered as very serious disciplinary offences in other legal norms.

(2) Serious disciplinary offences are related with the infringement of the provisions of paragraph 81, letter d) to f) and paragraph 82 letter q) to ţ), intentionally determining another condemned person to commit one of the deeds mentioned at paragraph 82 letter q) to ţ), as well as the infringement of other obligations and interdictions considered as serious disciplinary offences in other legal norms.

(3) Light disciplinary offences are related with the infringement of the provisions of paragraph 81, letter g) to l) and paragraph 82 letter u) to x), intentionally determining another condemned person to commit one of the deeds mentioned at paragraph 82 letter u) to x), as well as others considered as light disciplinary offences in other legal norms.

Law no. 275/2006 , Paragraph 72 Determining the disciplinary offences

Legea 254/2013 ART. 102Determining the disciplinary offences

(1) The disciplinary offences are determined by the penitentiary administration personnel and are registered in an incident report.(2) The incident report is forwarded to the chief of the department where the condemned person is confined, during 24 hours from the date of the offence finding.(3) Inobservance of the time mentioned at paragraph (2) leads to the disciplinary liability of the person responsible for the time inobservance.

(1) Disciplinary offences are determined ex officio or by notification from any person, by the penitentiary administration personnel and are registered in an incident report.(2) The incident report is forwarded to the chief of the department where the condemned person is confined, during 24 hours from the date of the offence finding.

(3) The incident reports regarding disciplinary offences determined during Saturdays, Sundays and on legal holydays are forwarded to the chief of the department where the condemned person is confined, no later than the first following working day.



Law 275/2006 , Paragraph 73 Disciplinary procedure

Law 254/2013 Paragraph 103Disciplinary procedure

(1) The disciplinary procedure is launched by the chief of the department where the condemned person is confined, who notifies the disciplinary commission.

(2) The disciplinary commission is made with the participation of the deputy director for the confinement security and penitentiary system, acting as president, the deputy director for education and psycho-social assistance and a supervisor annually elected by the other supervisors, as a member.

(1) The disciplinary procedure is launched by the chief of the department where the condemned person is confined, who forwards the incident report to the disciplinary commission within 24 hours.

(2) The disciplinary commission is made with the participation of the deputy director for the confinement security and penitentiary system, acting as president, the deputy director for education and psycho-social assistance and an officer nominated by the director of the penitentiary, as a member. The secretary of the commission is the person nominated by the director of the penitentiary as such.





(3) Within 24 hours from the notification of the disciplinary commission, the director of the penitentiary nominates a person from the penitentiary personnel other than a supervisor to proceed with the preliminary investigation. The nominated person forwards to the disciplinary commission the conclusions of the preliminary investigation within 5 days.

(4) The disciplinary commission, after hearing the condemned person and any other person aware of the circumstances in which the deed was committed, applies by means of written decision one of the disciplinary sanctions or, as applicable, brings the disciplinary investigation to an end.

(3) The director of the penitentiary nominates one or more persons from the penitentiary personnel other than the supervisors to begin the preliminary investigation. The nominated person or persons informs the condemned person on the reason of the disciplinary procedure release and on the fact that he/she may suggest evidence producing.

(4) Within 10 days from the notification of the disciplinary commission, the nominated person presents the results of the preliminary investigation to the commission. The preliminary investigation’s target is to explain the incident under all viewpoints

and implies hearing of the investigated condemned person and checking out its justification.





(5) When deciding on the disciplinary sanction, the gravity of the offence, the convict’s person, the anterior disciplinary offences, the attitude of the condemned person after the offence and during the disciplinary procedure, will be taken into account.

(6) The taken disciplinary sanctions are registered in a special file and the disciplinary file together with the disciplinary commission’s decisions are included in the condemned person personal file.

(5) During 10 days from receiving the results of the preliminary investigation, after hearing the condemned person and any other person that has information on the circumstances in which the deed was committed, the disciplinary commission decides in writing on one of the disciplinary sanctions or, as applicable, brings the disciplinary investigation to an end.

(6) When deciding on the disciplinary sanction, the nature and the way the deed was committed, the person and the health state of the convict, the previous disciplinary offences of the convict, his/her attitude after the deed was committed and during the disciplinary procedure, will be taken into account

(7) The condemned person will be informed by the secretary of the disciplinary commission at once and under signature on the disciplinary commission’s decision, with a mention on the terms and ways to legally contest the decision.



Law no. 254/2013


Paragraph 104 Complaint against the decision of the disciplinary commission(1) The condemned person may file a complaint against the decision of the disciplinary commission

to enforce a disciplinary sanction at the magistrate supervising the confinement penalty during 3 days from being informed on the decision.

(2) The complaint filed in accordance with line (1) suspends the execution of the decision.(3) The condemned person is mandatory heard at the place of detainment.(4) The magistrate supervising the confinement penalty from the penitentiary where the commission that

decided the disciplinary penalty belongs to, is competent to solve the complaint.(5) Paragraph 56 line (4) provisions will be applied accordingly.(6) In order to solve the complaint, the magistrate supervising the confinement penalty may proceed with

the hearing of any other condemned person or any person who takes part in activities in the penitentiary

(7) The magistrate supervising the confinement penalty solves the complaint by reasoned conclusion during 10 days from the date of the complaint filing, and decides one of the following:a) admits the complaint and decides to annul or modify the disciplinary sanction decided by the disciplinary commission;b) rejects the complaint as groundless, remained without object, tardy or inadmissible, as applicable;c) acknowledges the withdrawal of the complaint.

Law no. 254/2013


Paragraph 104 Complaint against the disciplinary commission decision

(8) The condemned person and the penitentiary administration are informed on the settlement of the magistrate supervising the confinement penalty during 3 days from its passing.

(9) The condemned person and the penitentiary administration may file an appeal against the settlement of the magistrate supervising the confinement penalty, with the corresponding territorial court of law according to the penitentiary location, during 5 days from the settlement information.

(10) The appeals are to be filed with the magistrate supervising the confinement penalty who decided the settlement and suspends its execution.

(11) The appeals are forwarded to the court of law together with the case file during 2 days from their receipt.

(12) A hearing of the condemned person before the court is mandatory and the provisions of paragraph 39 lines (14) to (19) will be applied accordingly

(13) The ability to solve the complaint lies with the territorial court of law corresponding to the penitentiary where the commission that decided the disciplinary penalty belongs.

(14) The decision of the court of law is final.

Law no. 275/2006 , Paragraph 79Condemned persons files

Law no. 254/2013 Paragraph 106 Condemned persons files

The administration of each penitentiary draws up the following files regarding the confinement condemned persons:a) record file for the condemned persons reception, containing the year, month, day and hour of the condemned person reception into the penitentiary;b) record file of the rewards awarded to the condemned persons;c) record file of the disciplinary sanctions decided for the condemned persons;d) record file of the parole for the condemned person;e) record file for the release of the condemned person.

(1) The administration of each penitentiary draws up the following files regarding the condemned persons: a) record file for the condemned persons reception, containing the year, month, day and hour of the condemned person reception into the penitentiary;b) record file for the release of the condemned person containing the year, month, day and hour of the condemned person release;

c) record file for the use of the restraining means, containing the year, month, day and hour of applying and removal of the restraining means including the housing in the protection room.

(2) The National Penitentiary Administration and the penitentiary administration takes the necessary technical and organizational measures to protect the private data of the condemned persons.

Law no. 254/2013 TITLE III – CHAPTER X

DOCUMENTS FILED BY THE PENITENTIARY ADMINISTRATION

legea 254 din 2013_educatie, liberare, recompense, abateri si sanctiuni en

Documents

condemned persons law

condemned persons paragraph

disabled condemned persons

vocational formation

vocational training

natural persons

social assistance

academic courses legea