Diverting the role of the supervising judge from the one established by law by creating alternative competences in the case of referral to the judicial bodies of the state at the request of the persons deprived of liberty Cover Image
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Deturnarea rolului judecătorului de supraveghere de la cel stabilit prin lege prin crearea de competențe alternative în cazul sesizării organelor judiciare ale statului la solicitarea persoanelor private de libertate
Diverting the role of the supervising judge from the one established by law by creating alternative competences in the case of referral to the judicial bodies of the state at the request of the persons deprived of liberty

Author(s): Simona Nedelcu
Subject(s): Criminal Law
Published by: Uniunea Juriștilor din România
Keywords: judge supervising the deprivation of liberty; persons deprived of liberty; notifications to state institutions; professional status; manipulation techniques;

Summary/Abstract: This study analyzes two frequent situations in the practice of the judge supervising the deprivation of liberty in which persons deprived of liberty want to notify different state institutions through the Bureau of the supervising judge (Prosecutors’ offices, courts, the National Administration of Penitentiaries) with personal problems, such as criminal complaints, various actions (for example, enforcement appeals) or requests for analysis by senior officers from the disciplinary committee, although, by virtue of the right to correspondence, they have the possibility to refer them personally.The involvement of the supervising judge in such situations is also the consequence of the psychological manipulation used by persons deprived of liberty through emotional exploitation (voice conveying anger, posture and gestures to increase impact, asking various questions to establish pattern of thinking and behaviour to identify weaknesses of supervising judge), and as people do not like to feel guilty, neither do the supervising judges dare to refuse them.

  • Issue Year: 2023
  • Issue No: 10
  • Page Range: 124-133
  • Page Count: 10
  • Language: Romanian