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Regulation For The Implementation Of Some Of The Criminal Provisions On International Cooperation

Original Language Title: Asetus kansainvälisestä yhteistoiminnasta eräiden rikosoikeudellisten seuraamusten täytäntöönpanossa

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Regulation on international cooperation in the enforcement of certain criminal sanctions

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The presentation of the Minister for Justice is governed by the Law of 16 January 1987 on international cooperation in the implementation of custodial sentences (21/87) § 26 Pursuant to:

Scope of regulation
ARTICLE 1 (5.1.1994/15)

This Regulation shall apply, subject to an agreement with a foreign country, in the implementation of the sanction and penalty imposed by the court of a foreign country for the loss of liberty in Finland and in the case of Finland A custodial sentence or penalty for the enforcement of certain criminal penalties in a foreign State in a foreign country (2087) , hereinafter referred to as the implementing law.

Implementation in Finland
ARTICLE 2

A request for the enforcement of a sanction imposed in a foreign country in Finland shall be made in writing to the Ministry of Justice. For the purposes of the request, the Ministry of Justice shall be provided with:

(1) a certified true copy of the judgment and of the points on which the judgment is based;

(2) a statement that the judgment has obtained the law and that it is enforceable in the State in which it was issued;

(3) a statement that the sentenced person has given his consent to the enforcement of the sentence in Finland; and (5.1.1994/15)

4) other information necessary for the implementation.

ARTICLE 3

When the enforcement of the sentence imposed in a foreign country is deemed to have been completed in Finland, the Ministry of Justice shall inform the relevant authority of that State. If the sentenced person in Finland escapes custody of the authority, this should also be reported. The Ministry of Justice shall, upon request, provide the authority of a foreign country with any other necessary proof of implementation.

Implementation in a foreign country
§ 4

If the sentence of imprisonment in Finland is such that it can be left for enforcement in a foreign country under an agreement concluded by Finland and the foreign State concerned, it shall be the responsibility of the relevant provincial government or the Criminal Sanctions Agency. Ensure that this possibility is reported to the sentenced person. The sentenced person shall be informed of the meaning of the decision to execute the penalty in a foreign country according to the law of enforcement and the agreement concluded with a foreign country. The notification and report referred to above shall be given in a language which the sentenced person understands. (26.07.2001/677)

The Ministry of Justice may order that the notification and report referred to in paragraph 1 shall be provided even where there is no agreement between Finland and a foreign country for the purpose of implementing a prison sentence in a foreign country.

§ 5

If the sentenced person informs the executing authorities of his/her willingness to leave a prison sentence sentenced to him in Finland for enforcement in the State of which he is a national or where he or she is domicile, Inform the Ministry of Justice of this notification.

ARTICLE 6

The consent, referred to in Article 19 (2) of the Act of Implementation, may be given to the warden or to the official appointed by the provincial government. In addition, an unimpeded witness shall be present when consent is given.

The receiving officer shall ensure that the consent given by the authorising officer understands the meaning of his consent.

A protocol shall be drawn up on the delivery of the consent. The Protocol shall be submitted to the Ministry of Justice.

§ 7

A request for the imprisonment of a sentenced person in Finland to be enforced in a foreign country shall be made in writing to the Ministry of Justice. For the purpose of the request, the Ministry of Justice must be informed that the sentenced person is a national of the requesting State or is domicile.

Specific provisions
§ 8 (MARCH 2000)

Before the Ministry of Justice decides on the enforcement of a penalty imposed in a foreign country for the execution of a sentence of imprisonment in Finland or in Finland for the execution of a prison sentence in a foreign country, it shall: Opinion of the Ministry of Interior. If the penalty imposed in a foreign country relates to a criminal offence for which an indictment can be brought in Finland, the statement shall also be requested from the Prosecutor General.

§ 9 (5.1.1994/15)

Where the Ministry of Justice has decided on the execution of a sentence of deprivation of liberty imposed in a foreign country for the execution of a sentence of imprisonment in Finland or in Finland for enforcement in a foreign country, it shall indicate: Of its decision to the criminal record office.

ARTICLE 10

The court or tribunal shall forward to the Ministry of Justice, without delay, a copy of the decision which it has taken in relation to the conversion of a sanction imposed in a foreign State.

ARTICLE 11

It is the task of the prison authorities to ensure that the sentenced person is transported under the law of enforcement. The police are obliged to provide assistance in conveyor.

ARTICLE 12

When, according to an agreement with a foreign country, the Finnish authority is required to take a measure falling within the scope of the implementing law, the Ministry of Justice shall take care of it, unless otherwise specified or agreed.

Entry into force
ARTICLE 13

This Regulation shall enter into force on 1 May 1987.

Entry into force and application of amending acts:

5.1.1994/15:

This Regulation shall enter into force on 15 January 1994.

1.3.2000/25:

This Regulation shall enter into force on 1 March 2000.

26.7.2001/677

This Regulation shall enter into force on 1 August 2001.