LIPSA CALITÃȚII PROCESUALE ACTIVE A SERVICIULUI DE PROBAȚIUNE DE A FORMULA CONTESTAȚIE LA EXECUTARE ÎN LEGÃTURÃ CU MÃSURA DE SUPRAVEGHERE PREVÃZUTÃ ÎN ART. 86 ALIN. 1 LIT. A DIN CODUL PENAL

The challenge on enforcement does not refer to the merits of the judgment of conviction, but it is directed against its enforcement and, for this reason, its completion consists in eliminating the illegal matters occurring in the enforcement or during the enforcement of the judgment. The probation service attached to the tribunal has no competence to file a challenge on enforcement with the court of law for reasons of illegality occurred during the surveillance of the person convicted and, in particular, for matters related to the personal interests of the convict. If, during the surveillance, problems or interests of the convict occur that prevent the convict from appearing on the dates scheduled, the probation service has the competence to examine the reasons invoked and revise the initially scheduled surveillance plan.