The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that on 21 February 2006. March
1983 was in Strasbourg agreed the Convention on the transfer of sentenced persons.
On behalf of the Czech and Slovak Federal Republic, the Convention was signed in
Strasbourg, 13 November 2002. February 1992.
With the Convention have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
The Republic has ratified it. The ratification instrument was deposited with the
the Secretary-General of the Council of Europe, the depositary of the Convention, on 15 December. April
Convention entered into force pursuant to its article 18, paragraph 2. 2 on 1 January 2000.
July 1985. For the Czech and Slovak Federal Republic has entered
into force in accordance with its article 18, paragraph 2. 3 on 1 January 2000. August 1992.
Czech translation of the Convention shall be published at the same time.
on the transfer of sentenced persons
Member States of the Council of Europe and the other States parties
considering that the aim of the Council of Europe is to achieve greater unity between
Desiring to further the development of international cooperation in the area of criminal
believing that such cooperation should assist the justice and
re-socialisation of convicted persons;
considering that these objectives require that foreigners, who have been deprived of their
freedom as a result of the fact that they committed the crime, was given the option of
to carry out their sentences in their company and
considering that this aim can best be achieved by
passed to their countries,
have agreed upon the following:
The definition of the
For the purposes of this Convention:
and the "punishment") means any punishment or measure that includes
the detention is ordered for a limited or unlimited period of time for
action by the Court;
(b)) "judgment" means a judgment or order of a court, which
(c)) "convicting State" means the State in which the person has been sentenced,
that can be or has already been passed;
d) "executing State" means the State in which it can be, or already
was passed to the sentenced person to a prison.
The General principles of
1. The parties undertake to mutually cooperate as much as possible when forwarding
sentenced persons pursuant to the provisions of this Convention.
2. the person sentenced on the territory of one party may be transferred to the territory of the
the other party in accordance with the provisions of this Convention to the enforcement of the sentence which has been
saved. For this purpose, the convicted person or odsuzujícímu
express your interest in the executing State to transfer under this Convention.
3. Surrender may require the executing State or condemning.
1. the convicted person may be transferred under this Convention only for the
the following conditions are true:
and) is if this person is a resident of the executing State;
(b)) if final judgment;
c) if at the time the request for surrender has sentenced person to execute
at least six months of imprisonment or the punishment has been saved
for an indefinite period of time;
(d)) the consent of the sentenced person or, if it considers it necessary for one of the
both States due to her age, physical or mental condition
its legal representative;
(e)) if the Act or omission for which the penalty is a criminal
the offence under the law of the executing State or would be a criminal
offence if committed on its territory, and
f) agrees to how judgmental, and also by the executing State.
2. in exceptional cases, the parties may agree on handover
even if the sentenced person is the time after which the convicted person to perform
a sentence shorter than referred to in paragraph 1. 1, letter c).
3. any State may, when signing, the deposit of their instruments of ratification
or instruments of acceptance, approval or accession, by a declaration addressed to the
the Secretary-General of the Council of Europe wishes to inform you that, in relation to other
the parties exclude the use of any of the proceedings referred to in article 9, paragraph 1.
1, letter a) and (b)).
4. any State may, in so far as it refers to, at any time in the
a declaration addressed to the Secretary-General of the Council of Europe to define
the term "national" for the purposes of this Convention.
Obligation to provide information
1. each sentenced person to whom this Convention may apply, must
be informed about the nature of the convicting State to this Convention.
2. If the sentenced person has expressed an interest in odsuzujícímu State, that
passed under this Convention, that State shall inform, as soon as possible
realize after the judgment became final, the executing State.
3. the information shall contain:
and) the name, date and place of birth of the sentenced person,
(b)) her address in the executing State, if it has,
(c) a description of the facts), on the basis of which it was liable to a penalty,
(d)) the type, length and the start date of the sentence.
4. If the sentenced person has expressed its interest in the executing State,
denouncing the State at the request of this State shall provide the information referred to in
paragraph. 3 from the top.
5. the sentenced person will be informed in writing of any measures
adopted condemning or executing State pursuant to the preceding paragraphs,
as well as about the decision that has been taken by any of the two
States on the basis of a request for transfer.
The request and response
1. The request for surrender and the answers will be in written form.
2. Applications shall be addressed to the Ministry of Justice of the requesting
the State Ministry of Justice of the requested State. Answers will be
sent to the same path.
3. either party may, in a declaration addressed to
the Secretary-General of the Council of Europe stated that it will use a different method of contact.
4. the requested State shall without delay inform the requesting State of its
the decision whether to agree or disagree with the required passing.
The necessary documents
1. the executing State shall provide, if requested by the convicting State,
and the document or statement) that the sentenced person is a national of the
of that State;
(b)) a copy of the law of the executing State,
provides that the Act or omission for which he has been sentenced in
the convicting State, is a criminal offence under the law of the executing
State or would be a criminal offence if committed on its territory;
(c)) the statement containing the information referred to in article 9, paragraph 1. 2.
2. If the request for surrender, condemning the State shall provide to the executing
State the following documents if one of the two States have already indicated that
does not agree with by passing:
a certified copy of the judgment) and the text of the legislation, on the basis of
was handed down;
(b)) confirmation, what part of the sentence has already been carried out, including
the binding information, the remission of part of the punishment and all other
the facts relevant to the sentence;
(c)) the statement containing the consent to surrender, as referred to in article 3,
paragraph. 1, letter d) and
(d)), where applicable, a report on the health and social
the convicted person, information about her treatment in the convicting State and
recommendation for further treatment in the executing State.
3. Any State may apply for the provision of any documents or
the Declaration referred to in paragraph 1. 1 or 2 above, before it asks for a
transmission or takes a decision on whether or not to agree with the
Consent and its verification
1. Condemning the State shall ensure that the person who has the express consent to
passing under article 3, paragraph 1. 1, point (d)), they do so voluntarily and with
full knowledge of the legal implications. Way of expressing this consent is
will be governed by the convicting State.
2. Condemning the State shall allow the executing State to get through
the Consul or another representative, which agrees with the executing
the State has checked that the agreement has been ratified under the conditions referred to in
paragraph 1 above.
Consequences of the transfer for the denouncing State
1. the authorities of the executing State, the sentenced person will be treated as
for interrupting the sentence in the convicting State.
2. Condemning the State cannot continue in the sentence, if it is
the executing State considers that the sentence was completed.
Consequences of the transfer for the executing State
1. the competent authorities of the executing State shall ensure:
and the continuation of the sentence immediately) or court or administrative regulation
organ under the conditions laid down in article 10, or
(b) the conversion of the penalty decision) of the State in judicial or
the administrative procedure is replaced by the convicting State penalty imposed sanctions
provided for by the laws of the executing State for the same offence, and
under the conditions laid down in article 11.
2. the executing State shall, if so requested, inform the denouncing State before
by passing the convicted person about it, according to what procedure will be followed.
3. The sentence will be carried out according to the law of the executing State
and only this State will be responsible for receiving all the relevant
4. Any State, who, according to their national legal systems cannot use the
one of the procedures referred to in paragraph 1. 1 for the performance measures
taken on the territory of the other Contracting Party in respect of persons who are not
the mental state of the responsibility of the Commission of an offence, but who is willing to
to take such a person for further treatment, may, in a declaration addressed
the Secretary-General of the Council of Europe observed the proceedings shall be
in such cases, to proceed.
The continuation of imprisonment
1. In the case that will be continued in the enforcement of the sentence, the executing State
is bound to the type and duration of the penalty, as the latter was saved
by the State.
2. If, however, the nature and the duration of such detention is incompatible with the
the laws of the executing State, or if it its legal system
requires, that State may be judicial or administrative decision to adapt
penalty penalty or measure provided for the legal order of a similar
criminal offences. As regards the type of penalty or measure will be matched
most penalty or measure imposed on a decision to be
enforced. Penalty or measure does not deteriorate as to their type or the length of the
the penalty imposed in the convicting State and does not exceed the upper limit of
laid down in the law of the executing State.
The conversion of the penalty
1. in the case of conversion of the sentence shall be followed in the procedure provided for in
law of the executing State. In the conversion of the competent authorities:
and) will be bound by the findings as directly or indirectly
deriving from the judgment, which was handed down in the convicting State;
(b)) must not transform the sentence of imprisonment to a fine;
(c) the entire existing) will count restriction on the freedom of the sentenced person and
(d)) would alter the criminal status of the convicted person and will not be bound by the
no lower limit of criminal sanctions, which is established in the executing
State for the committed offence or offences.
2. If the conversion takes place after the transfer of the sentenced penalty
person, the executing State will hold that person in custody or otherwise
ensure that its presence in the executing State at the time when the
Pardon, Amnesty, mitigation of punishment
Both parties may grant pardon, amnesty or mitigate punishment in accordance
with its Constitution and other laws.
A review of the judgment
Only condemning the State has the right to make decisions on applications for re-examination
The executing State shall terminate enforcement of the sentence as soon as it condemning the State
informs you about the decision or measure as a result of which the decision
ceases to be enforceable.
Information about the execution of a sentence
The executing State shall provide the following information about the State of the odsuzujícímu
and when it considers the punishment) for the escaped;
(b) if the sentenced person absconds) even before the execution of a sentence
(c) if the convicting State requests) special report.
1. in accordance with its national law to meet party requests for transit
the sentenced person through its territory, if so requested by the other party and the
the State has agreed with the other party or third State on the transit of the person
on their territory or their territory.
2. a party may refuse to allow the transit if:
and) the sentenced person is a national, or
(b)) the offence for which he has been sentenced, is not in accordance with its legal system
a criminal offence.
3. the transit request and the reply will be forwarded in the manner specified in the
the provisions of article 5, paragraph 1. 2 and 3.
4. A party may meet the request for the transit of a sentenced person through its territory,
made by a third State, if that State shall agree with the other party
on the transit on its territory or from its territory.
5. The party which has requested for transit operations, can hold
the sentenced person in custody only as long as it requires transit through the
6. A party that has been requested for transit operations, may be asked to
assurance that the sentenced person will not be in the territory of the transit State criminal
prosecuted, or with the exception of what is stated in the preceding paragraph,
kept in custody or otherwise limited to freedom for the crime committed,
or penalty saved before her departure from the territory of the convicting State.
7. the transit request is not required if the transit is carried out by air via
the territory of the parties and if it does not count with the landing. Any State may, however,
When signing or depositing its instrument of ratification or
acceptance, approval or accession, the Declaration addressed to
the Secretary-General of the Council of Europe, require to be informed of any such
the transit through its territory.
Language and costs
1. the information referred to in article 4, paragraph 2. 2 and 4 will be provided in the language of
Parties that is intended, or in one of the official languages of the Council of
2. With the exception of paragraph 3, below, do not require the translation of applications
about transmission or on the relevant documents.
3. Any State may, at the time of signature or deposit of their instruments
documents or instruments of acceptance, approval or accession, by a declaration
addressed to the Secretary-General of the Council of Europe to ask that requests for
transfer and the relevant documents have been provided with translations into the language of the
or one of the official language of the Council of Europe or any of these
languages to be determined by. On this occasion, can express their willingness to
accept translations even into another language in addition to the official language or
the languages of the Council of Europe.
4. except in article 6, paragraph 2. 2, letter a) documents transmitted
in the application of this Convention need not be authenticated.
5. Costs incurred in the implementation of this Convention shall be borne by the executing State with
the exception of the costs incurred exclusively within the territory of the convicting State.
Signature and entry into force
1. this Convention shall be open for signature by the Member States of the Council of Europe and the
non-Member States which have participated in its elaboration. Shall be subject to
ratification, acceptance or approval. Instruments of ratification, instruments of
acceptance or approval shall be deposited with the Secretary-General of the Council
2. This Convention shall enter into force on the first day of the month following the expiration
three-month period after the date on which three Member States of the Council of Europe has expressed its
consent to be bound by the Convention in accordance with the provisions of paragraph 1. 1.
3. In respect of each State which has signed the Convention, and then expressed
its consent to be bound by the Convention, the Convention shall enter into force on the first day of the
month following the expiration of three months after the date of deposit
the instrument, the instrument of acceptance or approval.
Access to non-Member States
1. after the entry into force of this Convention, the Committee of Ministers of the Council of Europe after the
consultations with Contracting States shall invite any State which is not
a member of the Council and is not listed in article 18, paragraph 2. 1, to accede to this
The Convention, by a decision adopted by a majority as defined in article
20, point (a). (d)) of the Statute of the Council of Europe, which must include the voices of all
representatives of the Contracting States which are members of the Committee.
2. In relation to each an acceding State Convention enters into force
the first day of the month following the expiration of three months after the date on which it was at the
the Secretary-General of the Council of Europe an instrument of accession is stored.
The territorial scope of
1. Any State may, at the time of signature or deposit of their instruments
documents or instruments of acceptance, approval or accession, define territory
which or to which this Convention shall apply.
2. Any State may at any later date, by a declaration addressed to the
the Secretary-General of the Council of Europe, extend the application of this Convention to
any other territory specified in the Declaration. In relation to such
the territory of the Convention shall enter into force on the first day of the month after the expiry of the three-month
the period from the adoption of this Declaration by the Secretary-General.
3. the Declaration made under the two preceding paragraphs may be on
any territory specified in such declaration revoked the notice
addressed to the Secretary-General. The revocation will take effect the first
day of the month following the expiry of a period of receipt of such communication,
by the Secretary-General.
Application in time
This Convention shall be applied to the penalties imposed both before and after
its entry into force.
Relationship to other conventions and agreements
1. this Convention does not affect the rights and obligations arising from contracts of
the issue or other agreements on international cooperation in criminal matters
concerning the transit of persons in custody for the purposes of confrontation or to obtain
testimonies of witnesses.
2. If two or more parties have already concluded an agreement or treaty negotiated
transfer of sentenced persons, or otherwise adapt their relations in these
matters, or if they do so in the future, they will have the right to use
such agreements or contracts or they edit these relationships instead of
of this Convention.
3. this Convention does not affect the right of States which are parties to the European
Convention on the recognition of judgments in criminal matters, to negotiate between themselves
bilateral or multilateral agreements on matters covered by the Convention,
to complement the provisions or promote the fulfilment of the principles
4. If a request for surrender belongs to the scope of this Convention, and
European Convention on the recognition of judgments in criminal matters or other agreement
or the Treaty on the transfer of sentenced persons, the requesting State shall, on the
submission of the application the contracting document on which the request is based.
The European Committee on crime problems of the Council of Europe will be informed of the
the implementation of this Convention and shall take all the necessary in order to facilitate an amicable
the settlement of all problems that may arise during its implementation.
Notice of termination
1. Either party may at any time denounce this Convention by communication
addressed to the Secretary-General of the Council of Europe.
2. Denunciation shall take effect on the first day of the month after the expiry of the three-month
the period from the adoption of this communication by the Secretary-General.
3. this Convention will, however, continue to be used in the performance of the sentencing of persons
were passed in accordance with the provisions of the Convention before the date on which such
the denunciation shall take effect.
The Secretary General of the Council of Europe shall notify the Member States of the Council of
Of Europe, the non-Member States which participated in the elaboration of this Convention, and
States which acceded to the Convention of:
and all signatures);
(b) instruments of ratification,) the imposition of instruments of acceptance, approval or
(c) data entry to this Convention) entered into force in accordance with article 18, paragraph 2. 2 and 3,
Article 19, paragraph 2. 2, and article 20, paragraph 1. 2 and 3;
(d) any other Act) representations, communications or notifications that are
subject to this Convention.
In witness whereof the undersigned, being duly authorised thereto, have signed the
Given in Strasbourg on 21 February 2006. March 1983 in the English and
the French, both texts being equally authentic, in a single
copy to be deposited in the archives of the Council of Europe; General
the Secretary of the Council of Europe shall transmit certified copies to all Member States of the Council of
Of Europe, the non-Member States which participated in the drafting of this
Of the Convention, and States that were invited to parties.