On The Convention On The Transfer Of Sentenced Persons

Original Language Title: o Úmluvě o předávání odsouzených osob

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40332&nr=553~2F1992~20Sb.&ft=txt

553/1992 Sb.



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

1992.



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.



CONVENTION



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

its members;



Desiring to further the development of international cooperation in the area of criminal

law;



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:



Article 1



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

imposes punishment;



(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.



Article 2



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.



Article 3



Transfer conditions



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.



Article 4



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.



Article 5



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.



Article 6



The necessary documents



1. the executing State shall provide, if requested by the convicting State,

the following:



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

by passing.



Article 7



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.



Article 8



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.



Article 9



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

decision.



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.



Article 10



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.



Article 11



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

control.



Article 12



Pardon, Amnesty, mitigation of punishment



Both parties may grant pardon, amnesty or mitigate punishment in accordance

with its Constitution and other laws.



Article 13



A review of the judgment



Only condemning the State has the right to make decisions on applications for re-examination

the judgment.



Article 14



Their imprisonment



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.



Article 15



Information about the execution of a sentence



The executing State shall provide the following information about the State of the odsuzujícímu

the sentence:



and when it considers the punishment) for the escaped;



(b) if the sentenced person absconds) even before the execution of a sentence

terminated, or



(c) if the convicting State requests) special report.



Article 16



The transit



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

its territory.



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.



Article 17



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

Europe.



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.



Article 18



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

Europe.



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.



Article 19



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.



Article 20



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.



Article 21



Application in time



This Convention shall be applied to the penalties imposed both before and after

its entry into force.



Article 22



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

contained.



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.



Article 23



Amicable settlement



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.



Article 24



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.



Article 25



Information



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

access;



(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

This Convention.



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.