INCONGRUENȚE LEGISLATIVE ÎNTRE LEGEA NR. 254/2013 ȘI ALTE ACTE NORMATIVE SPECIFICE, CARE GENEREAZĂ DIFICULTĂȚI DE INTERPRETARE ȘI APLICARE A LEGII LA MODIFICAREA SITUAȚIEI JURIDICE A PERSOANELOR PRIVATE DE LIBERTATE

The operation of establishing the execution regime requires the individualization commission to comply with the limits provided by Articles 33–38 of the Law No 254/2013, to take into account the provisions of Article 88 of the Government Decision No 157/2016 for the approval of the Regulation for the application of the Law No 254/2013 referring to the procedure for establishing the execution regime, as well as those of Article 41 of the Law No 254/2013 on the application of subjective and objective criteria to the individualization of the regime of execution of custodial sentences (duration of conviction, conduct, personality, degree of risk, age, health, identified needs and possibilities of social reintegration of the convicted person).
However, the practice has revealed certain aspects some of which we will exemplify in the study, in case of change of the detainee’s legal situation, which the legislator did not take into account or ignored at the time of adoption of the execution law, and for which he did not issue transitional provisions either, so that, in respect of the institution of the enforcement regime, a number of problems of interpretation and application of the law arise, aspects that have remained unregulated even today, neither by law, nor by appeals in the interest of the law, situations generating non-unitary practices, starting right from the record offices within the places of detention.