the original case, and according to the rules of Article 78 if the new offence was
committed earlier.]
2)
1)
L. 24/1999, 7. gr. L. 22/1955, 7. gr.
2)
Art. 61 [Where no punishment can be imposed, or when it is cancelled due to the
provisions of this Chapter, the judgment shall not have an iterative effect.
…]
1) 2)
1)
L. 17/1962, 5. gr. L. 22/1955, 8. gr.
2)
Chapter VII. Security measures, deprivation of civil rights and confiscation of
assets.
Art. 62 If a person is acquitted under Article 15, or the conclusion of a judgment
is, under Article 16, that punishment would serve no purpose, it may then be
determined in a judgment, if it is considered necessary in terms of legal certainty,
that measures are to be taken to prevent the person constituting a hazard. If it may
be considered that milder measures, such as bail, a prohibition on being in certain
places or the deprivation of legal competence would not be of any use, it may be
decided that the person be placed in an appropriate home. The Supreme Court shall
then appoint a supervisor for the person who shall monitor to ensure that his or her
stay in the home shall not last longer than is necessary. When there is considered to
be reason, the [minister] shall seek a ruling from the district court in the area where
the home is located as to whether the aforesaid measures are considered as still
being necessary, providing that the opinion of a physician has been sought. In
addition, when a year has elapsed since delivery of the judgment or the last court
ruling, or earlier if the [minister] approves, the supervisor may demand that the
case be submitted anew for a ruling by the court referred to above. [Procedure in
cases under this Article shall be in accordance with the Code of Criminal
Procedure.]
1)
1)
2)
1)
L. 162/2010, 88. gr. L. 88/2008, 234. gr.
2)
Art. 63 If a person’s condition has been as described in Article 15 or Article 16
over a long period after he or she has committed a punishable offence but before a
final judgment has been delivered in his or her case, the court may then decide
whether punishment is to be imposed or should be waived. If it is considered that
the conditions of Article 62 are met, it may be decided in the judgment that the
measures taken under that Article are to be applied instead of punishment, or until
it is considered possible to execute punishment.
Art. 64 …
1)
1)
L. 31/1961, 4. gr.
Art. 65 [If it is considered evident from the facts of the case, and after the
opinion of a physician has been sought, that an offender who has committed an