The appeal will be considered by the Bucharest Military Court of Appeal.
If the court sustains the appeal, Stanculescu will be sent back to jail.
The Bucharest Military Tribunal on Tuesday ordered a one-year stay on Stanculescu’s jail sentence.
The court admitted Stanculescu’s request for a one-year stay on his sentence for medical reasons, and ordered that he be released immediately from the Jilava Penitentiary for May 12, 2009 – May 12, 2010.
Stanculescu and retired General Mihai Chitac have been sentenced to 15 years in prison each for the reprisal of the December 1989 Revolution in Timisoara.
A report drawn up by the Forensic National Institute in December 2008 alleges to Stanculescu suffering from old-age ailments that generate an irreversible risk of metabolic decompensation. The report recommends that Stanculescu be released so that he may be given the requested medicinal treatment, be placed under permanent medical surveillance and be secured an adequate hygiene and diet regimen.
A nine-judge panel of the Supreme Court of Justice and Cassation on October 15, 2008 overruled under a final and binding decision the appeal of Generals Stanculescu and Chitac, sentenced by the Criminal Section of the Supreme Court on April 2, 2007 to 15 years in jail each for aggravated manslaughter and demoted.