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Kanunları ve Tercümeleri
(1) Should the type of penalty imposed or its length be incompatible with the Romanian le-
gislation, Romania may, by court decision, adapt this penalty to the one provided in Romanian
law for the acts that entailed conviction. This penalty must correspond as much as possible to the
type of penalty imposed by the Sentencing State and it may not under any circumstances aggra-
vate the sentenced person’s situation.
(2) If the sentence is changed, the procedure provided in the Romanian legislation shall apply.
As for the scope of conversion of the penalty and for the criteria applicable, the Romanian court
must observe the following conditions:
a) it shall be obliged to discover the acts to the extent that they are mentioned, either
explicitly or implicitly, in the sentence handed down by the Sentencing State;
b) it may not convert a custodial penalty into a monetary fine;
c) it shall fully deduct, from the penalty, the length of deprivation of freedom already
served by the sentenced person;
d) it shall not aggravate the criminal status of the sentenced person, nor shall it be
obliged to observe the inferior limit of the penalty possibly provided in the legislation of the Sen-
tencing State for the offence(s) committed.
(2) Where the procedure for changing the sentence takes place after the sentenced person’s
transfer, Romania shall keep that person in detention or take other measures to ensure his presen-
ce in Romania until the end of this procedure.
ARTICLE 147
Cessation of service
Penalty service shall cease as soon as Romania is informed by the Sentencing State of any
decision or measure that entails impossibility of continuing the execution.
ARTICLE 148
Information on service
(1) Romania shall provide information regarding penalty service to the Sentencing State in
the following situations:
a) when the penalty has been served or deemed as served;
b) if the sentenced person has escaped;
c) if the Sentencing State requests a special report.
(2) To this end, in the cases in para. (1) a) and b), the National Prisons Administration shall peri-
odically send to the Ministry of Justice information on penalty service. In the situation in para. (1)
c), the information shall be sent, at the request of the Ministry of Justice.