Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
In view of Act No. 2005-108 of 11 February 2005 authorizing the ratification of the Convention on the transfer of persons sentenced to deprivation of liberty between the French Republic and the Russian Federation;
Amending Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Décrète:
The Convention on the Transfer of Persons Sentenced to a Private Sentence of Freedom between the Republic France and the Russian Federation, signed in Paris on 11 February 2003, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are each responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N
ON TRANSFER OF PERSONS CONDEMNED TO A PRIVATE PEINE OF FREEDOM BETWEEN THE FRENCH REPUBLIC AND THE RUSSIAN FEDERATION
The French Republic and the Russian Federation, hereinafter referred to as " Parties ",
Desiring to facilitate the social reintegration of persons sentenced to deprivation of liberty by allowing them to serve Their sentences in the State of which they are nationals,
have agreed to the following provisions:
Article 1
Scope
1. The Parties shall accord each other, in accordance with the provisions of this Convention, the widest possible cooperation in the transfer of persons sentenced to a custodial sentence.
2. A person sentenced to deprivation of liberty in the territory of one of the Parties may, in accordance with the provisions of this Convention, be transferred to the territory of the other Party to serve the sentence that has been Imposed. To this end, it or its legal representative may express, either to the State of conviction or to the State of enforcement, the wish to be transferred under the provisions of this
. The transfer may be requested either by the State of conviction or by the executing State.
Article 2
Definitions
For the purposes of this Convention:
1 ° The term " Judgment " Nominates A final court decision imposing a conviction on the basis of a criminal offence. For the purposes of this Convention, the term " Judgment " Also includes the final court decisions on the death penalty subsequently commuted, in the Sentencing State, by a decision of amnesty or Through imprisonment for a term or life imprisonment;
2 ° The term " Condemnation " Means any custodial sentence imposed by judgment for a fixed term or in perpetuity;
3 ° The term " Condemned " Means the person who in the conviction state purges a conviction;
4 ° The expression " Sentencing State " Means the State in which the person who can be transferred or who has already been transferred has been sentenced;
5 ° The expression " Execution State " Refers to the state to which the convicted person can be transferred or has already been transferred to be convicted.
Article 3
Transfer conditions
1. This Convention shall apply according to the following conditions:
1. The convicted person is a national of the executing State;
2 ° The judgment is final and there are no other pending proceedings in the State of conviction ;
3 ° The duration of the conviction that the offender still has to be subjected to is at least six months from the date of receipt of the request for transfer. In exceptional cases, the Parties may agree to a transfer even if the sentence that the convicted person has still to be subjected to is less than that mentioned above;
4 ° The convicted person or, where either Party Due to the age or physical or mental state of the offender, his or her legal representative consents in writing to the transfer. The Sentencing State guarantees the possibility for the consular authorities or official representatives of the executing State to ensure the free consent of the sentenced person to his or her transfer or refusal;
5 ° The acts or omissions which Have given rise to the conviction constitute a criminal offence under the law of the executing State or should constitute a criminal offence if they arise in its territory;
6 ° The State of conviction and the State of enforcement do expressly Know their transfer agreement.
2. The transfer may be refused:
1 ° If the Sentencing State considers that the transfer violates its sovereignty, security or public order;
2 ° If the convicted person has failed to comply with the Any nature imposed on it by judicial decision or if, from the point of view of the State of conviction, it has not received sufficient guarantees of acquittal of such convictions.
Article 4
Authorities Power stations
1. The Parties shall designate as central authorities responsible for carrying out the functions provided for in this Convention:
-for the French Republic, the Ministry of Justice;
-for the Russian Federation, the General Prosecutor's Office Russian Federation.
For the purposes of this Convention, central authorities communicate directly.
2. The Parties shall inform each other and without delay, through diplomatic channels, where a change occurs in the designation of the competent central authority.
Article 5
Obligation to provide information
1. Any person to whom this Convention may apply shall be informed by the State of condemnation of the contents of this Convention and of the legal consequences arising from the transfer.
2. If the convict has expressed to the State of conviction the wish to be transferred under this Convention, that State shall inform the State of execution as soon as possible after the judgment has become
. The information must include:
1 ° The surname and given names, the date and place of birth of the convicted person;
2 ° Where applicable, the address of the convicted person in the State of execution;
3 ° A statement of the facts which led to the Conviction;
4 ° The nature, duration and start date of the conviction;
5 ° The applicable criminal provisions.
4. If the convict has expressed to the executing State the wish to be transferred under this Convention, the Sentencing State shall communicate to the executing State the information referred to in paragraph 3 of this Article
5. The convicted person shall be informed in writing of any action taken by the State of enforcement or by the State of conviction in accordance with the preceding paragraphs, as well as any decision taken by one of the Parties concerning an application for Transfer.
Article 6
Requests and responses
1. Requests for transfer and replies shall be made in writing to the central authorities designated under this Convention.
2. The requested Party shall inform the requesting Party as soon as possible of its decision to accept or refuse the requested transfer.
Article 7
Supporting Documents
1. The State of enforcement shall, at the request of the Sentencing State, provide to the Sentencing State:
1 ° A document or declaration stating that the convicted person is a national of that State;
2 ° A copy of the legal provisions of the State of enforcement Of which it follows that the acts or omissions which gave rise to the conviction in the State of conviction constitute a criminal offence under the law of the executing State or would constitute a criminal offence if they arose in its territory ;
3 ° An information note on the legal effects for the convicted person of any law or regulation concerning his or her detention in the State of execution, after his or her transfer, and specifying in particular the effects of Article 10, Paragraph 3, on the transfer of such person.
2. If a transfer is requested, the Sentencing State must provide the executing State with the following documents, unless one or both of the two States has already indicated that it does not agree to transfer:
1 ° A copy Certified in accordance with the final judgment and the other decisions relating to that conviction and the text of the legal provisions applied;
2 ° The indication of the duration of the conviction already completed, including the information Concerning any provisional detention or other circumstances relating to the execution of the conviction;
3. A declaration containing the consent to the transfer of the convicted person or his or her legal representative, as well as Article 3, paragraph 1, subparagraph 4;
4 ° Where applicable, the medical or social data on the convicted person, any information on his treatment in the State of conviction and any recommendation for his treatment in the State To run.
3. The State of conviction or the executing State may request to receive one of the documents or declarations referred to in paragraphs 1 and 2 of this Article, before making a request for transfer or taking the decision to accept or refuse the Transfer.
Article 8
Charges
The costs of transferring the convicted person, including those relating to transit operations, are borne by the executing State. Other costs arising from the transfer of the sentenced person up to the time of delivery shall be borne by the Party involved.
Article 9
Discount
The Parties agree to the Location and delivery date of the convicted person.
Article 10
Execution of sentence
1. The sentenced person shall continue to serve in the State of execution the sentence imposed in the State of conviction, in accordance with the law of the executing
. The executing State is bound by the legal nature and the length of the sentence as they result from the conviction.
3. However, if the nature or duration of that sentence is incompatible with the law of the State of enforcement, or if the law of that State so requires, the State of enforcement may, by judicial decision, adapt it to the penalty or measure provided for by its Own law for criminal offences of the same nature. This penalty corresponds as far as possible, in terms of its nature, to that imposed by the sentence to be carried out. However, it shall not, by its nature or duration, aggravate the sentence imposed by the State of conviction or exceed the maximum prescribed by the law of the executing State for the corresponding criminal offence.
Article 11
Thanks, amnesty,
switching and judgment review
Each Party may grant pardon, amnesty or commutation of the sentence in accordance with its law.
Only the Sentencing State may know Recourse or review action.
Article 12
Non bis in idem
The convicted person, after his or her transfer, cannot be prosecuted or convicted in the executing State for the same facts as those who Have given rise to the penalty imposed by the state of conviction.
Article 13
Cessation of execution
The executing State must terminate the execution of the conviction without delay as soon as it has been Informed by the State of conviction of any decision or action which has the effect of removing the enforceability of the conviction.
Article 14
Runtime information
The State Provides information to the Sentencing State about the execution of the conviction:
-when it considers the execution of the conviction completed;
-if the convicted person escapes before execution of the conviction is Completed;
-if requested by the condemning state.
Article 15
Transit
1. If either Party enters into an agreement with a third State for the transfer of sentenced persons, the other Party shall assist in the transit through its territory of convicted persons transferred under such a Convention.
2. The Party intending to carry out this transfer must notify the other Party in advance. Such notification shall include the necessary information, including the information necessary for the application of the following paragraph.
The Party in whose territory the transit is to be carried out may refuse to grant transit if the person Is one of its nationals or if the criminal offence which gave rise to the conviction does not constitute one in relation to its
. The Party to which transit is requested may keep the convicted person in custody for the duration strictly necessary for transit through its
. No request for transit is required if the airway is used above the territory of a Party and no landing is expected. However, the Party conducting the transit shall inform the Party whose territory is to be overflown.
Article 16
Languages
The request and the related documents sent by one of the Parties In accordance with this Convention shall be exempt from the formalities of legalization and shall be delivered in the language of the Party sending them together with their translation into the language of the receiving Party.
Article 17
Application in Time
This Convention shall apply to the enforcement of sentences imposed either before or after its entry into force.
Article 18
Final Provisions
1. Each Party shall notify the other as soon as possible, in writing, through diplomatic channels, of the completion of the internal procedures required for the entry into force of this Convention
The second month following the date of receipt of the last of these notifications.
2. This Convention shall remain in force for six months from the date on which one Party shall notify the other Party in writing by diplomatic means of its intention to terminate it.
In witness whereof, the undersigned, duly Authorized to this effect, have signed this Convention.
Done at Paris, on February 11, 2003, in duplicate in the French and Russian languages, both texts being equally authentic.
Done at Paris, March 20, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
For the French Republic:
Dominique Perben,
Garde des Sceaux,
Minister of the Justice
For the Russian Federation:
Igor Ivanov,
Minister of Foreign Affairs
