123/1980 Coll.. Decree of the Minister of Foreign Affairs, of 4 August 1980 on the Convention on the Transfer of Sentenced Persons that it serve his prison sentence in the State of which they are nationals On 19 May 1978, in Berlin signed the Convention on the transfer of persons sentenced imprisonment for exercising this punishment in the State of which they are nationals. Parties to the Convention are the Czechoslovak Socialist Republic, the People's Republic of Bulgaria, the Republic of Cuba, the Hungarian People's Republic, the Mongolian People's Republic, the German Democratic Republic, the Polish People's Republic and the Union of Soviet Socialist Republics. The Convention expressed their approval of the Federal Assembly of the Czechoslovak Socialist Republic and the President of the Republic ratified. The instrument of ratification was deposited on June 27, 1980, with the Government of the German Democratic Republic, the depositary of the Convention. The Convention entered into force for the Czechoslovak Socialist Republic in force by virtue of Article 20 on 25 September 1980. The Czech translation of the text of the Convention shall be open simultaneously. First Deputy: Ing. The book, signed the Convention on the transfer of sentenced persons that it serve his prison sentence in the State of which they are citizens of the Contracting States desiring it further develop established relations of mutual trust and cooperation, Considering the fact that the execution of the sentence in the state where they are convicted nationals, would contribute more-it achieve the objectives of correction and re-education of offenders , based on principles of humanity, agree to the following: Article 1. Nationals of a Contracting State, who were sentenced imprisonment it in the other Contracting State shall be based on mutual consent of the States handed over to the prison in the State of which they are nationals. Citizenship convict is determined by the law of the States Parties to this Convention. And a citizen of a Contracting State is a person who, under the laws of this state has its citizenship. Article 2 the Transfer of sentenced imprisonment it in the state of which he is a citizen, can be performed after the judgment became final. Article 3 of The Condemned, which will be handed over to the prison in the state of which he is a citizen, can not be prosecuted again for the same offense, except in the cases provided for in Article 15 of this Convention. Article 4. Transfer the convict manner specified by this Convention shall not be performed if a) the offense for which he was convicted, not by the law of the state whose citizen is convicted, considered criminal offense; (b)) condemned already executed in the State of which he is a citizen, the penalty for the act committed, or been acquitted or the criminal proceedings against him were stopped, or if the prisoner was pardoned by the competent authorities of that State; (c)) the sentence can not be executed in the state whose citizen is convicted, due to the statute of limitations or other reasons under the law of that State; (d)) the defendant has permanent residence in the country where the judgment was given; (e)) has not been reached agreement on the transfer of convicted under the terms of this Convention. Article 5 Forwarding sentenced imprisonment it shall be based on the draft law, which the court sentencing if the state whose citizen is convicted, agrees with its "takeover" of the execution of the judgment for fulfilling the terms of this Convention. The State whose citizen is convicted, it may request the State in which the court gave judgment that assess the possibility.MP3 of transferring the prisoner. Convicted and those close to him, may apply to the competent authorities of the State in which the court sentencing or the state whose citizen is convicted, the transfer of sentenced person. The possibility.MP3 submit it to such a request will be sentenced instructed. Article 6. In matters of this Convention, the competent authorities of the Contracting States to meet directly. Each Contracting State shall notify the depositary of their competent authority in our. Article 7, The competent authority of the State in which the court sentence, the former shall for the purpose of transmission it sentenced imprisonment apply to the competent authority of the state whose citizen is convicted. The application must be submitted in writing. The application shall be accompanied by: a) certified copies of the judgment and decisions of higher courts handed down in this case and the evidence of the final judgment; b) proof of his sentence, convicted and executed that part of the sentence to be carried out in accordance with the law, the court handed down its judgment; (c)), proof of performance of secondary punishment, if it was saved; (d)) the text of the provisions of the Criminal Code upon which the conviction is based; (e) proof of citizenship) convicted; (f)) other documents which are necessary in the opinion of the government, of which the court handed down its judgment; (g)) and a certified translation of the application and supporting documents. Authorities of the State whose citizen is convicted, they can, if necessary, ask for other necessary documents or information. Article 8, The competent authority of the state whose citizen is convicted, he shall as soon as possible by the competent authority of the State in which the court sentencing of its agreement with the "takeover" convicted under the terms of this Convention or denying the application. Article 9 of the Place, time and manner of handing over the prisoner shall be determined by mutual agreement between the competent authorities of the participating countries. Article 10 Convicted the sentence imposed should enforce and the judgment of the court of the State in which he was convicted. The Court of the State whose citizen is convicted, starting from the former judgment, decide on its performance and sets under the laws of your state the same punishment of imprisonment, which was imposed in the judgment. If for the offense under the law of the state whose citizen is convicted, the highest rate of imprisonment less than the punishment imposed by the judgment, the court imposes sentence at the highest rate, which is possible according to the law of that State for such an act to save. In cases where according to the law of the state whose citizen is condemned, not for committing a crime punishable by imprisonment, the court under the laws of your state to impose such a sentence that best matches the sentence imposed sentence. Part of the sentence, which condemned performed in the state in which the court sentencing is counted in the duration of the sentence, and when he was sentenced without imprisonment, taking into consideration the executed portion of the sentence. Unless executed minor punishment provided in the judgment, the court impose a state whose citizen is convicted, if the offense can be under the law of that State that impose such punishment. Minor punishment imposed the manner prescribed in this article. Article 11 The convict handed over to the prison in the state of which he is a citizen, is subject to the same legal consequences as a condemnation that persons in this country has been sentenced for the same offense. Article 12 The competent authority of a Contracting State, which was forwarded sentenced this prison, the competent authority of the State in which the court sentencing of the court's decision on the enforcement of the judgment under Article 10 of the Convention. Article 13 Enforcement of the sentence, which condemned until the handover did not pardon as well as wholly or partly after the decision on the execution of the judgment are carried out under the laws of the State to which he was sentenced passed. Pardon the convict is awarded in the State, who was sentenced to serve the sentence, it passed. After handing over the prisoner amnesty is conducted in accordance with the decision on amnesty issued in the State in which the court passed sentence, as well as in the state whose citizen is convicted. Review of a judgment in relation to the prisoner, who was handed over to the State of which the citizen can be made the only court in the country where the judgment was given. Article 14 If after the handover it sentenced prison sentence was commuted in the state where it was given, copies of decisions, as well as other necessary documents will be sent to the competent authority of the state, which was condemned passed. The court of this state shall decide the question of implementing the decision the manner prescribed in Article 10 of the Convention. If handover after the convict to serve his sentence quashed it and the criminal proceedings were discontinued in the State where the judgment was rendered, and a copy of the decision and its certified translation shall be sent immediately implement other measures to the competent authority of the state, which was condemned passed. Article 15 If, after the transfer of sentenced prison it will be, and the judgment in the State where it was delivered, the canceled and has to be struck every three new investigation or a new trial, and a copy of the decision as well as other materials necessary for further criminal proceedings shall be transmitted to the competent authority of the State who has been convicted of passed out , in order to decide the question of his criminal liability under the law of that State. Article 16 Each State Party permits the transit through its territory of convicts who under this Convention shall be transmitted it and third Contracting State. Such transit is permitted at the request of the state whose citizen is convicted. Article 17 Costs associated with the transfer of convicted incurred until his surrender, borne by the Contracting States in which they are incurred. Other costs associated with the transfer of the convicted person, including the cost of its transit shipments carried by the state whose citizen is convicted. Article 18 Questions that arise in implementing this Convention shall be resolved by mutual agreement of the competent authorities of the Contracting States. Article 19 of This Convention shall not affect the provisions of other international treaties to which the Parties are Contracting States. Article 20 of This Convention shall be ratified by States which have signed it. Ratification shall be handed over to the custody of the government of the German Democratic Republic, which will act as the Depositary of this Convention. This Convention shall enter into force on the ninetieth day after the date on which the depositary transferred and the third instrument of ratification. States whose ratification shall be transmitted to the depositary for safe-keeping after the entry into force of this Convention, it shall enter into force on the ninetieth day after the date of submission of its instrument of ratification to the depositary for safe-keeping. Article 21 of This Convention shall be valid for five years from the date of its entry into force. After this period, the Convention shall be automatically extended for additional periods of five years. Each State Party to this Convention may denounce this Convention by written notification to the Depositary at least 12 months before the expiry of the current five-year period of its validity. Article 22 entry into force After the of this Convention may accede to the agreement of all member states and other countries that transmit it to the Depositary of an instrument of accession. Access comes into force the expiration of ninety days from the date of receipt by the Depositary of the last notification that accept the accession. Article 23 The depositary shall promptly inform all States that have signed the Convention and the States which acceded to the date of the deposit of each instrument of ratification or accession, on the date of entry into force of the Convention, as well as any information received under this Convention. Article 24 Depositary of this Convention shall take appropriate measures with a view to its registration with the United Nations in accordance with its Charter. Article 25 of This Convention will be forwarded to the depositary, who shall distribute properly certified copies of the Convention states that have signed and acceded to it. Don in Berlin May 19, 1978 in one copy in the Russian language.