Decision of the Court of Cassation, III Criminal Section, No. 16022 of 26 February 2014

Through this decision the Court of Cassation rejected the recourse of a Rumanian national sentenced in Italy, who after having given his consent to serve the sentence in his country of origin, had changed his mind and applied for the Court to annul his transfer to Rumania. The Court observed, however, that in accordance with the Convention on the Transfer of Sentenced Persons of the Council of Europe and the pertinent jurisprudence, such a recourse cannot be accepted, once the sentenced person has given his/her consent freely and with full awareness of the legal consequences.