Refusal of Food - A Way of Manifesting the Freedom of Expression of Persons Deprived of Liberty Cover Image

REFUZUL DE HRANĂ – O MODALITATE DE MANIFESTARE A LIBERTĂȚII DE EXPRIMARE A PERSOANELOR PRIVATE DE LIBERTATE
Refusal of Food - A Way of Manifesting the Freedom of Expression of Persons Deprived of Liberty

Author(s): Ioan Mircea David
Subject(s): Human Rights and Humanitarian Law, Penology
Published by: Editions IARSIC
Keywords: sentenced person; supervisory judge; rights of sentenced persons;

Summary/Abstract: During the execution of custodial sentences, sentenced persons benefit from a series of rights that the legislator being expressly and restrictively regulated in Law no. 254/2013 on the execution of sentences and custodial measures orders by the judicial bodies during the criminal proceedings. However, the aforementioned Law has also established a special procedure known as „denial of food” which is carried out under strict supervision by the authorities, thus providing the sentenced person with a number of remedies to which the person can appeal when his rights are violated. The regulation of such a procedure, separate from the rights of sentenced persons, leads to the conclusion that the legislator has sought since 2013 to provide sentenced persons with a legal framework for remedying any violation of their rights. Such legislation can be improved and must be kept in line with national and international legislative developments.

  • Issue Year: 10/2022
  • Issue No: 1
  • Page Range: 221-228
  • Page Count: 8
  • Language: Romanian