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The right of the inmates to have access to the personal documents that are in the
individual file is guaranteed by law.
8.
Thus, the convicted person, the lawer or any other person, has access to this file, with
the written consent of the convict. The individual file comprises 5 parts: the penal documents,
the education and psycho-social assistance file, the disciplinary file, the requests file and the
medical records. The convicted person may obtain, upon request, at an additional cost, a
number of justified copies of the documents of the individual file. If the convicted persons
do not have the necessary funds, the expenditures shall be borne by the administration of the
prison.
9.
According to article 61 of Law no. 254/2013 on the execution of custodial sentences
and of measures involving deprivation of liberty ordered by the judicial bodies during
criminal trial, with further amendments (Law no. 254/2013), the detanees have the right to
consult the legal provisions:
„Art. 61. Measures to ensure access to the legal provisions and documents concerning the
execution of custodial sentences
(1) The provisions of the Criminal Code and Criminal Procedure Code relating to the
execution of custodial sentences, this Law, the Regulation implementing its provisions, the
orders and decisions issued under this Law, the Law No 544/2001 on free access to
information of public interest, as amended and supplemented, and the Government Decision
No 123/2002 approving the Methodological Norms implementing the Law No 544/2001 on
free access to public information, the Government Emergency Ordinance No 51/2008 on
legal aid in civil matters, approved with amendments and supplements by the Law No
193/2008, as amended and supplemented, as well as the internal rules of the penitentiary
shall be made available to the sentenced persons, during the period of quarantine and
observation after being received in the penitentiary.
(2) In case the sentenced person does not speak or understand Romanian, can not speak
or has communication deficiencies, the administration of the penitentiary shall order the
measures necessary to notify the information provided in paragraph (1), through a person
who can communicate with the sentenced person.
(3) The texts of the legal provisions referred to in paragraph (1) shall be made available to
the sentenced persons, in penitentiaries, in accessible places.
(4) In case of Romanian citizens belonging to national minorities, the disclosure of the
provisions referred to in paragraph (1) can be made in their native language.
After the placement in the prison, the inmates are compulsory included in the Program of
adaptation to the conditions of deprivation of liberty, which aims to assist them in the process
of adaptation to the institutional environmental conditions, in accordance with the
requirements of the European Regulations and Recommendations for prison and according
to the legal framework for the enforcement of custodial sentences, in order to raise awareness
on the educational function of the punishment and increase the interest in participation in the
recuperative programmes and activities.
The program has two components: one on the information of the inmates and another on the
assessment and acknowledgement thereof, in order to determine the recuperative intervention,
in accordance with the individual needs identified for each convicted person.
The information component is carried out within the framework of the group meetings and
the assessment and knowledge component is achieved through individual activities, carried
out by specialists on the three components: education, psychological support and social
assistance.
The contents transmitted in the framework of the programme are summarized, made
comprehensible to the convicts and accompanied by presentations aiming to catch their
atention. Additionally, the inmates may study individually the informative material from the
cell folders or the flyers available, may watch the prison presentation film, and may watch
informative shows broadcasted by the prison local television circuit or may access the infokiosks available in all the subordinate units.
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