On The Agreement Between The Government Of The Republic Of Latvia And The Government Of The Kingdom Of Norway On The Criminal Judgment Recognition And Enforcement, Which Is Imposing A Custodial Sentence Or Custodial Measures

Original Language Title: Par Nolīgumu starp Latvijas Republikas valdību un Norvēģijas Karalistes valdību par tādu spriedumu krimināllietās atzīšanu un izpildi, ar kuriem tiek piespriesti brīvības atņemšanas sodi vai ar brīvības atņemšanu saistīti pasākumi

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/244311


The Saeima has adopted and the President promulgated the following laws: on the agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Norway on the criminal judgment recognition and enforcement, which is imposing a custodial sentence or custodial measures article 1. Agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Norway on the criminal judgment recognition and enforcement, which is imposing a custodial sentence or custodial measures (hereinafter the agreement), this law is adopted and approved. 2. article. In accordance with article 2 of the agreement shall provide that the competent authorities shall be considered: 1) the Ministry of Justice and the district (City) Court, if Latvia is the executing State; 2) Ministry of Justice, if the State of Latvia is judgment. 3. article. The agreement shall enter into force on the 29th for the period specified in article and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law takes effect may 1, 2012. To put the agreement by law Latvian and English.
The Parliament adopted the law in 2012 on February 2.
The President a. Smith in Riga 2012 February 22 agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Norway on the criminal judgment recognition and enforcement, which is imposing a custodial sentence or custodial measures the Government of the REPUBLIC of Latvia and the Government of the Kingdom of Norway, hereinafter referred to as the "Contracting Parties", taking into account the existing legislation and the rules on enforcement of the Contracting Parties and their collaborative effort the desirability of promoting law enforcement and litigation; Desiring to promote the social rehabilitation of the convicted person into society, from which they are; considering that this aim can best be achieved by transferring convicted persons of the State in which they reside; taking into account the need for modern mechanisms the final mutual recognition of judgments relating to deprivation of liberty, and the transfer of sentenced persons in application of the principle of expansion, whereas: 1. Both Contracting Parties have ratified the Council of Europe of 21 March 1983 on the Convention on the transfer of sentenced persons penal. In accordance with that Convention, the convicted person for the remaining penal may refer only to the State of nationality and only with the person concerned and the approval of the countries concerned. The two parties have ratified the Convention of 18 December 1997, in which an additional protocol, subject to certain conditions, the transfer of persons without its consent. None of these instruments do not impose the obligation to recognise and execute the other Contracting Party, the punishment awarded. 2. Provision should be made for the further development of cooperation, in particular the Council of Europe instruments concerning the execution of judgments in criminal matters, in particular in cases where for the citizens of the Contracting Parties to a judgment in criminal cases and sentenced to a custodial penalty or of a measure of the other Contracting Party. Apart from the need to provide adequate protection of the person convicted for her participation in the proceedings should no longer be decisive, in all cases, the application of the requirement that the person concerned is necessary the consent judgment in the transfer to the other Contracting Party to comply with the recognised and accepted the punishment. 3. The agreement should be implemented and applied with respect to equality, fairness and reasonableness. 4. The penalty of execution in the executing State should increase the condemned person's social rehabilitation. To ensure that the execution in the executing State will meet the objective of promoting the social rehabilitation of the convicted person, the judgment of the competent national authority should take account of aspects such as, for example, a person's attraction to the executing State, namely, the executing State shall be regarded as the place to which they are bound by family, language, culture, social or economic and other links. 5. Nothing in this agreement should be interpreted as a prohibition to refuse the execution of the decision, if, on the basis of objective circumstances, has reason to believe that punishment is ordered to punish the persons gender, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation, or that that person's position could impair any such reason. 6. This agreement should not prevent any Contracting Party from applying its constitutional rules relating to due process, freedom of Association, freedom of the press and freedom of expression in other media. have agreed on the following. Article 1 definitions for the purposes of this agreement: (a)) "judgment" is the judgment of the national court accepted the final decision or order under which the penalty awarded against a natural person; (b)) "penalty" means any custodial sentence or custodial measure, on the basis of criminal proceedings, is sentenced for a specified or unspecified period of time for committing a criminal offence; (c) "public judgment") is a State in which the judgment has been given; d) "executing State" means a State that has passed a judgement to be recognized and enforced; (e)) the State in which the sentenced person "live", is a place to which the person is associated, based on their place of residence and elements such as family, social or professional relations; f) "nationality" refers to citizens in the event and who is the law "on the status of former USSR citizens who do not have Latvian citizenship of another country or" entities, but in the case of Norway it means citizenship. Article 2 determination of the competent authorities of the Contracting Parties shall without undue delay inform each other about which authority or authorities, under national law, are considered to be the competent authorities in accordance with this agreement, the Contracting Party of the judgment or the executing State. Article 3 objective and scope 1. The purpose of this agreement is to lay down rules, under which a Contracting Party shall recognise the judgment and perform punishment, to promote the social rehabilitation of convicted persons. 2. This agreement shall apply if the sentenced person is in the judgment of the State or in the executing State. 3. This agreement shall apply only to the recognition and enforcement of penalties within the meaning of this agreement. The fact that in addition to the penalty imposed is sentenced to a fine and/or well accepted confiscation order that has not yet been paid, recovered or run, does not prevent the transfer. 4. This agreement does not affect the obligation to comply with the 4 November 1950 European Convention for the protection of human rights and fundamental freedoms, in particular fundamental rights and legal principles. Article 4 of the judgment and the supporting document transfer criteria 1. If the sentenced person is in the judgment of the State or in the executing State and where that person has given his consent, set out in article 6 of the judgment together with the certificate, the standard form for which is given in annex I, may be sent to the other Contracting Party, provided that: (a)) the other Contracting Party shall be the nationality of the convicted person, the State in which he resides; or (b)), the other Contracting Party is the nationality of the State in which the sentenced person does not live, but that it intended to expel after parole, based on the removal or deportation order, which included a judgment or judicial or administrative ruling or any other actions arising from the said judgment; or (c)), the other Contracting Party is a State, which is not the country of nationality of the convicted person, but with which it has such a close relationship that they are putting this country is considered appropriate and the parties agree to the judgment by the competent authority and the document certifying the transfer. If the convicted person close links based on the habitual residence of that person must be legally resident in the territory of the other Contracting Party continuously for at least five years and maintained the right of permanent residence in the area. 2. Judgment and supporting document transfer may occur if the judgment of the national competent authority, if necessary, after the State and the executing State, the competent authorities consulted are convinced that enforcement in the executing State will meet the objective of promoting the social rehabilitation of the convicted person. 3. Prior to the transfer of the document and a certificate of judgment the national competent authority, by whatever appropriate means, may be consulted by the competent authority of the executing State. Consultations are required in paragraph 1 (c)) in the cases referred to. In such cases, the competent authority of the executing State shall without delay inform the country of the judgment on its decision to agree or disagree with the judgment for the transfer. 4. during These consultations, the competent authority of the executing State may make the judgment to the competent authority of the country of a reasoned opinion that execution in the executing State does not promote the social rehabilitation of the convicted person and successful reintegration in society. Then, if consultation has taken place, such an opinion can be given immediately after the judgment and supporting the transmission of the document. The judgment of the national competent authority shall take into account these comments and decide whether to withdraw the certificate. 5. the executing State may on its own initiative to ask the country to forward judgments judgment with supporting documents. The sentenced person may also request a judgement or the executing State, the competent authorities initiate the procedure and of the judgment in the supporting document for the transfer in accordance with this agreement. Requests made under this paragraph shall not create an obligation to transfer to the State of judgment a judgment with supporting documents. 6. If a person is convicted may put both the Contracting Party and a third country in accordance with national legislation and international instruments, and the competent authorities of the executing State consultation consider whether execution in the executing State to promote social rehabilitation goal better than the execution in a third country. Article 5 of the judgment and the supporting document transfer 1. A judgment or a certified copy of the supporting documents, together with the judgment of the competent national authority the direct transmission of the executing State, the competent authority in any way capable of producing a written record, and in the circumstances, to be the executing State to establish its authenticity. The original of the judgment or a certified copy thereof, and the original supporting document transmitted to the executing State, if it so requests. Official communication takes place directly between the said competent authorities. 2. the judgment of the competent national authority signing the certificate and certify the accuracy of its content. 3. If the authority of the executing State which receives a judgment together with the supporting documents, is not competent to declare the judgment and take the necessary measures for its execution, it shall ex officio, forward the judgment with supporting documents due to the national competent authority and inform the competent authority of the country of the judgment. Article 6 of the convicted person's views and its information 1. Without prejudice to paragraph 2 of the judgment, together with supporting documents can be transferred to the executing State fine recognition and enforcement purposes only with the consent of the convicted person in accordance with the judgment of the national law. 2. the convicted person consents to the transfer for the purposes of enforcement of the penalty is not required if: (a) the convicted person has) the executing State nationality and resident in that country; (b) the convicted person by) parole for deportation on national execution, based on the removal or deportation order, which included a judgment or judicial or administrative ruling, or any other actions arising from the said judgment; (c)) the sentenced person is run off or otherwise returned to the executing State in connection with the fact that the judgment against it in the country of the initiation of proceedings in criminal matters, or after this judgment, the judgment of conviction. 3. when the sentenced person Always still in the State of judgment, it gives the opportunity of expressing their views orally or in writing. This option gives the person's legal representative, if the State considers it appropriate, taking into account the age of the convicted person or the physical or mental state. Deciding on a verdict and the supporting document transfer, take into account the views of the convicted person. If the person has used the opportunity provided in this paragraph, transmit its views expressed by the executing State. If the sentenced person has made its views known to the oral judgment the country ensure that the executing State is available in the following point of view written transcript. 4. the judgment of the competent national authority shall inform the convicted person can understand it, that it has decided to transfer the judgement together with supporting documents by using the notification form, a model of which is given in annex II. If, at the time of adopting the decision, the convicted person is in the executing State, the statement transfers execution to the State, which shall inform the convicted person. Article 7 recognition and execution 1. The competent authority of the executing State shall recognise a judgment which transferred in this agreement, the procedures laid down and immediately take all the necessary measures for the execution of penalties, except when it decides to use one of the judgement provided for in article 8 of non-recognition and non-enforcement. 2. If the duration does not comply with the law of the executing State, the competent authority of the executing State may decide to adjust the fine, but only if the penalty exceeds the highest possible fine that State law provided for similar offences. Custom fine shall not be less than the highest possible punishment that the law of the executing State provides for similar offences. 3. If the penalty does not comply with the law of the executing State, the competent authority of the executing State may adjust the penalty or measure provided for in the legislation of that State for similar offences. Such a penalty or a measure as possible comply with the penalty imposed in the State of judgment and therefore not converted a penalty fine. 4. Adjust the penalty does not step up country sentenced to the penalty of the judgment in relation to the type or length. Article 8 of non-recognition and non-execution of the core 1. the competent authority of the executing State may refuse to recognise and execute judgment, punishment, if: (a) referred to in article 4) formal is incomplete or manifestly does not correspond to the judgment and not completed or corrected by the executing State by the competent authority within a reasonable time; (b)) are not met, article 4, paragraph 1 of the criteria; c) execution would conflict with the ne bis in idem principle; (d)) judgment apply to activities which, under the law of the executing State are not considered to be a criminal offence. However, in relation to taxes or duties, customs and Exchange enforcement of the judgment may not be refused on the grounds that the law of the executing State does not provide the same taxes or duties or those not covered by the same rules on taxation, duties and customs and exchange regulations as the law of the country of the judgment; (e)) in accordance with the law of the executing State for the execution of the penalty is barred; f) the law of the executing State provides for immunity that execution makes it impossible; g) fine is ordered to the person in accordance with the law of the executing State due to its age cannot be held criminally liable for the activities in respect of which the judgment was given; h) when the competent authority of the executing State has received the judgment, the remaining execution time of less than six months; (I)) in accordance with article 4 of the specific evidence of the person is not personally participated in the proceedings in which the decision was taken, if one is not specified in this document that the future in accordance with the procedural requirements laid down by the law of the executing State: 1) time:-was personally invited and thus informed of the scheduled trial date and place in which the decision was taken, or actually received official information on the scheduled trial date and location with other means It was clearly obvious that it is informed of the planned trial, and were informed that a decision could be taken if this person does not appear for the hearing, or, 2) knowing about the planned trial, was mandated by a counsel for the defence of persons before the Court of Justice appointed by the same person or country and who really championed this person in court proceedings, or 3) of receipt of the decision, and then When was clearly informed of the right to a retrial or appeal again in which a person is entitled to participate in and which makes it possible to review the case, including new evidence, in essence and to achieve initial decision:-clear that uncontested decision, or-not deadline demanded repeated trial or appeal; (j)), the executing State shall, before the decision is taken under article 11 (1), submit a request in accordance with paragraph 3 of article 16, but the State of the judgment in accordance with article 16, paragraph 2 (g)) does not agree that the person concerned is in the executing State, beset by convicts or otherwise it takes away freedom for a criminal offence committed prior to his surrender and not the offence, the person was transferred; k) includes the fine with psychiatric or health issues, or other measures of a measure which, without prejudice to article 7 (3), the executing State may not execute in accordance with its legal system or the health care system; 2. In the cases referred to in paragraph 1 (a)), (b), (c), (d)))))) (i) and (k), before the decision is taken not to recognise a judgment and not to execute the punishment, the competent authority of the executing State, by any appropriate means, shall consult with the competent authority of the country of the judgment and, where appropriate, ask it to immediately provide all necessary additional information. Article 9 partial recognition and enforcement 1. If the competent authority of the executing State shall consider the recognition of a judgment and execution, it partially, before taking the decision to refuse recognition and enforcement of the sentence in full, may be consulted by the competent authority of the country of the judgment, in order to reach agreement, as provided in paragraph 2. 2. The judgment of the public and the competent authorities of the executing State in each case may agree in part to recognise and execute the penalty in accordance with the conditions laid down by those authorities, if this is not extended, the duration of the punishment. In the absence of such agreement, the certificate reference. Article 10 recognition of suspension 1. If article 4 of the said certified statement is incomplete or manifestly does not correspond to the judgment, the judgment in the executing State may postpone the execution of the State a reasonable period, to formal is completed or corrected. 2. paragraph 1 of this article shall apply mutatis mutandis in cases where the formal judgment, and other required documentation are translated in accordance with article 21. Article 11 of the decision on the execution and deadlines 1. the competent authority of the executing State as soon as possible a decision thereon, or to recognise the judgment and execute the punishment, and inform the public about the judgment, as well as any decision to adjust the penalty in accordance with article 7 paragraph 2 and 3. 2. unless the basic suspension in accordance with article 10, the final decision on the recognition and enforcement of penalties shall be adopted as soon as possible, within 90 days after receipt of the document and a certificate. 3. If in exceptional cases the executing State, the competent authority is not possible to comply with the time limit laid down in paragraph 2, it shall immediately, by any means, inform the competent authority of the country of the judgment, giving the reasons for the delay and the estimated time required for making the final decision. Article 12 withdrawal of document of Identity as long as the executing State has begun execution, the judgment of the State can revoke the certificate from that country, giving the reasons for such action. After the revocation of the document supporting the executing State penalty no longer runs. Article 13 provisional arrest If the sentenced person is in the executing State, the executing State at the request of the judgment before the receipt of the judgment and formal, or before a decision is taken to recognize and execute judgment, punishment, the convicted person may arrest or to take any other measures to ensure that the sentenced person remains in its territory, pending a decision on the recognition and enforcement of penalties. The duration of the penalty cannot be extended to the invoice of the period spent in custody, based on this rule. Article 14 transfer of the Convicted person 1. If the sentenced person is in the State of judgment, she transferred to the executing State within the time limit agreed between the State and the judgment of the competent authorities of the executing State, but not later than 30 days after the execution the State has taken the final decision on the recognition and enforcement of penalties. 2. The judgment is responsible for sending a convicted person to the territory of the executing State, including for transit permission receipt required. 3. If the transfer of the convicted person in paragraph 1, the period prevents unforeseen circumstances, the judgment of the public and the competent authorities of the executing State shall promptly communicate with one another. Transfer takes place as soon as these circumstances no longer. The judgment of the competent national authority shall without delay inform the competent authority of the executing State and agree on a new surrender date. In that case the transfer takes place within 10 days from the date on which the new agreement was reached. Article 15 of the law governing the execution of the penalty enforcement 1 shall be governed by the law of the executing State. Only the executive authorities in accordance with paragraphs 2 and 3 shall be competent to decide on enforcement procedures and to determine all the measures relating to them, including early or conditional release. 2. the competent authority of the executing state all custodial time already served in connection with the penalty in respect of which the judgment was made, shall be deducted from the total period of time that must be served. 3. The competent authority of the executing State shall, upon request, inform the competent authority of the country of the judgment of the rules, which are applicable with respect to the early or conditional release. The judgment of the public agree that applies the following rules or withdraw the certificate. Article 16 special provisions 1. The Person transferred to the executing State under this agreement pursuant to paragraph 2, should not be pursued, the Court or otherwise deprived her of freedom of an offence committed before that person's surrender and not the offence for which that person was transferred. 2. paragraph 1 of this article shall not apply in the following cases: (a)) if the person who had an opportunity to leave the territory of the executing State, it has not done in 45 days of his final discharge, or has returned to that territory after leaving it; (b) if the Criminal Act) is not intended to punish with imprisonment or detention; (c) If criminal proceedings are not covered) to apply measures that restrict personal freedom; (d) if the convicted person) may order the penalty or a measure not involving the deprivation of liberty, in particular fine or a measure in lieu thereof, even if it might restrict the freedom of the person; e) if the sentenced person has consented to surrender; (f)) if the sentenced person after the transfer is expressly waived the right to apply the special rules in respect of certain criminal offences committed before surrender of. Renunciation shall communicate to the competent judicial authority of the executing State and recorded in accordance with the legislation of the said State. Renunciation shall be designed to clearly indicate that the person has given it voluntarily and in full awareness of the consequences. In this respect, has the right to use the services of a lawyer; (g)) in other cases, other than those referred to in subparagraph (a)) – f), if the State gives consent to judgment in accordance with paragraph 3. 3. A consent judgment submitted to the national competent authority. Consent shall be given when the obligation to extradite or surrender of the person is established between Latvia and Norway in existing conventions or agreements. The decision shall be taken no later than 30 days after receipt of the request. Article 17 Amnesty, pardon, review of the judgment 1. Amnestē or pardon the judgment can state and also by the executing State in accordance with national legislation. 2. Only the State has the right judgment to make decisions relating to requests for review of a judgment by which the sentence to be executed in accordance with this agreement. Article 18 information from State 1. Judgement of the national competent authority shall forthwith inform the competent authority of the executing State any decisions or measures for which the penalty is no longer enforceable immediately or over time. 2. The competent authority of the executing State shall expire as soon as the execution of the judgment of the competent authority of the country informed of the decision or measure referred to in paragraph 1. Article 19 the information provided by the executing State, the competent authority of the executing State by any means capable of producing a written record, shall immediately inform the competent authority of the country of the judgment: a) on the judgment and the supporting documents to be sent to the competent authority responsible for enforcement in accordance with article 5, paragraph 3; (b)) that actually can not execute punishment because after the judgment and in the transmission of the document certifying the execution state of the convicted person in the territory of the executing State is not found; in such a case, the executing State is not obliged to execute it; (c)) of the final decision to accept the judgment and execute fine, indicating the date of this decision; (d) any decision not) recognize the verdict and not to execute the penalty in accordance with article 8, adding this decision; (e) any decision) to adjust the penalty in accordance with article 7, paragraph 2 or 3, adding the reasons for its decision; (f)) of any decision not to execute the sentence article 17, paragraph 1 of the reasons, adding this decision; (g) the period of conditional release) at the beginning and end, if the State of the judgment it stated in the certificate; h) the convicted person escapes from custody; (I)) for the execution of the penalty as soon as it is executed. Article 20 transfer of the convicted person effects 1. subject to paragraph 2, the country does not continue execution if it is begun in the executing State. 2. the right to execute punishment referred back to the State where the judgment is in the executing State shall inform it about the partial failure of the fine in accordance with article 19 (h)). Article 21 languages 1. If the Kingdom of Norway is the executing State, the certificate, the final judgment and other necessary documentation translated into the English language. 2. where the Republic of Latvia is the executing State, the certificate, the final judgment and other necessary documentation translated into Latvian language. 3. The competent authorities of the contracting parties mutually communicate in English. 22. Article charges costs incurred in connection with the application of this Agreement shall be borne by the executing State, except the cost of the transfer of the convicted person and the State of enforcement costs incurred exclusively in the sovereign territory of the judgment. Article 23 consultations the Contracting Parties may consult each other in order to find solutions for individual cases and ensure the effective implementation of this agreement. Consultations shall take place directly between the competent authorities of the Contracting Parties. Article 24 exchange of information the competent authorities at least once a year in Exchange for general information about other nationals of a Contracting Party in respect of which a final judgement adopted. Article 25 of the penal execution under arrest warrant 1. Without prejudice to the agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, this Agreement shall apply, mutatis mutandis, to the extent that they comply with the provisions of the said agreement, the enforcement of penalties in cases where the Contracting Party undertakes to execute the sentence in cases under article 5 of the said agreement in paragraph 1 (f)) or if acting in accordance with article 8 of the said agreement (3), it has set the condition that the person must be referred to the second sentence of the Contracting Parties, in order to prevent the person concerned go unpunished. 2. paragraph 1 of this article shall apply only after the entry into force of the agreement. Article 26 relationship with other agreements to this agreement from the date of entry into force of the Convention shall be replaced the following relevant rules applicable to the relations between the Contracting Parties: – 21 March 1983 European Convention on the transfer of sentenced persons and its sentence of 18 December 1997, the additional protocol; — 28 May 1970 European Convention on the international validity of kriminālspriedum; — Chapter 5 of title III of the 19 June 1990 Convention implementing the 1985 Schengen agreement of June 14 on the gradual abolition of checks at their common borders. Article 27 transitional provisions of this Agreement shall apply in relation to final judgments, issued after its entry into force. Existing legal instruments on the transfer of sentenced persons apply to final judgments, issued before the entry into force of this agreement. 28. article review provision this agreement may be revised by the Contracting Parties of any initiative. Review shall be carried out if the party changes its position in relation to the concept of mutual criminal or translation. Article 29 final provisions 1. This agreement shall enter into force on the thirtieth day after the later of the dates through diplomatic channels each Contracting Party has notified the other Contracting Party that the procedures laid down by law have been met. 2. This agreement may be amended by the parties of their agreement in writing. Such amendments are integral part of this agreement and shall enter into force in accordance with paragraph 1 of article 29 of the regulations. 3. a Contracting Party may terminate this agreement at any time by sending written notice through diplomatic channels. In such event this Agreement shall cease to apply six months after receipt of the notification.  In witness whereof, the respective plenipotentiaries of the Governments representatives have signed this agreement. Signed to Cesis in the month of April 2011 28. day two copies in Latvian, Norwegian, English and language; each of these texts being equally authentic. Different case is decisive for the interpretation of the text in English.
The Government of the Republic of LATVIA in the Justice Minister Aigars ŠTOKENBERG in the Kingdom of Norway, on behalf of the GOVERNMENT, Justice Minister Knut STORBERGE annex I formal referred to in the agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Norway on the criminal judgment recognition and enforcement, which is imposing a custodial sentence or detention order of pasākumi1 (a)) judgment State: ...
Lead country: ... (b)) the Court which issued the final judgment, by which the sentence: official name: ...
The verdict handed down (specify the date: dd/mm/yyyy): ...
The judgment has become final (specify the date: dd/mm/yyyy): ...
The judgment number (if available): ... c) information about the institution, with which you can communicate on any issue relating to the certificate: 1. type of Body: Please tick the appropriate box: Central Authority. The Court ... Other authority ... 2. The contact information specified in subparagraph (c)): official name: ...
Address: ...
Phone No.: (country code) (area/city code). Fax: (country code) (area/city code). Email address (if available):.
3. Languages that may be used to contact this institution: 4. contact information about the person (s) with which you can communicate additional information necessary to comply with a judgment or reach an agreement on the surrender procedure (name, title/rank, phone no.: fax, e-mail address), if different from that specified in paragraph 2.: d) details of the person to whom the sentence: last name: ...
Name (s): ...
Maiden name, if applicable: ...
Assumed name, if any:.
Gender: ...
Nationality: ...
Identity number or social insurance number (if available):.
Date of birth: ...
Place of birth: ...
Last known address/place of residence: ...
Language (s) understood by the person (if known):
The sentenced person is in the State of judgment: [] and will be transferred to the executing State; [] in the executing State and that State will comply with the judgment. Additional information, if available and appropriate: 1. the Person's photograph and fingerprints and/or the person pardon, etc. reasons have already been applied in relation to penalties): ... (specify the date on which the calculation was carried out: dd/mm/yyyy): ...
2.4. the sentence end date of judgment: [] does not apply, because the person is not currently in detention. [] A Person currently in detention, and punishment in accordance with the judgment of national legislation will be fully served (specify the date: dd/mm/yyyy) 3: ...
3. Penalties:-a custodial sentence; -with the custodial measure (Please specify): … j) With early or conditional release related information: 1. in accordance with the judgment of the State law, a convicted person shall have the right to early or conditional release when it is served: [] half of the penalty imposed; [] two thirds of the penalty imposed; [] any other part of the fines imposed (Please specify): 2. the judgment of the competent national authority requests information on: [] enforcement, national rules applicable to the convicted person early or conditional release; [] early or conditional release of the beginning and the end of the period. k) the convicted person's opinion: 1. the Convicted person [] could not be heard because it is already in the run State. 2. [a] the sentenced person is in the country and of the judgment: (a)) [] has requested judgment and supporting document transfer; [] has agreed to the judgment and the supporting document for the transfer; [] has not agreed to the judgment and the supporting document for the transfer (specify the grounds given convicted person): ... (b) the convicted person [the] opinion is attached in the annex. [] The convicted person is transferred to the executing State (specify the date: dd/mm/yyyy): … l) other relevant circumstances of the case (optional): m) closing information: Judgment (s) are attached to the supporting document pielikumā4. The supporting document of the issuing authority and/or the signature of the representative of this authority, which approved the formal correctness of the content of the document: ...
Name: ...
Title (post title/rank): ...
Date: ...
Official stamp (if available).
1 This evidence must be written or translated into one of the languages referred to in article 21 of the agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Norway on the criminal judgment recognition and enforcement, which is imposing a custodial sentence or custodial measures. 2 this box must not be completed only after the entry into force of the agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway. 3 Please indicate the date when the end of the sentence period (not taking into account early and/or conditional release option), if a person stay in the country of the judgment. 4 Judgment of the competent national authority must be added to all judgments relating to the case and the need to provide complete information about the executable final judgment. Accompanied by a translation of the final judgment.
  ANNEX II Statement By the convicted PERSON you are notified ... (specify the judgment of the national competent authority) decision to transfer ... (specify the competent court of the country of the judgment). (specify the date of the judgment) judgement No. ... (specify the judgment number if one is available) ... (specify country of implementation) in order to recognise and execute the judgment at the fine imposed in accordance with the agreement between the Government of the Republic of Latvia and the Government of the Kingdom of Norway on the criminal judgment recognition and enforcement, which is imposing a custodial sentence or custodial measures. The execution of govern ... (specify the execution state) law. The authorities in that State shall be entitled to decide on the procedures for enforcement and to determine all the measures, including early or conditional release. ... (specify country of execution) the competent authority, of the total izciešam in the period of deprivation of liberty must be deducted all custodial period which has already been served in relation to ordered soda. ... (specify country of execution) the competent authority may adjust the penalty only if its way or not comply with state law. Custom fine may not be stepping ... (specify country of the judgment) the penalty awarded against it or duration.
 
 
Agreement on recognition and enforcement of judgment in criminal matters imposing custodial measure involving deprivation of the line or of liberty between the Government of the Republic of Latvia and the Government of the Kingdom of Norway, the Government OF the REPUBLIC OF Latvia AND the Government OF the KINGDOM OF NORWAY, hereinafter referred to as the "Contracting Parties", Taking into considerations the law and regulations in force regarding law enforcement of the Contracting Parties and the desirability of enhancing their cooperative efforts in law enforcement and the administration of Justice, (menu Rngton Line4) to the social rehabilitation of facilitat sentenced persons into their own society, Considering that this aim can best be achieved by having the person sentenced is transferred to the country where they live, Considering the need for modern mechanisms for the mutual recognition of final involving deprivation of liberty of the line, and for extended application of the principle of the transfer of sentenced persons , Whereas: (1) Both Contracting Parties have ratified the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983 Under that Convention, sentenced persons may be transferred to serve the remainder of their line only to their State of nationality and only with their consent and that of the States involved. The Additional Protocol to that Convention of December 18, 1997, which allows transfer without the person's consent, subject to certain conditions, has also been ratified by both Contracting Parties. Without any of the basic instrument ither impost duty to recognis the judgement and enforce the the line imposed by the other Contracting Party. (2) (A) the further development of the cooperation provided for in the Council of Europe instruments concerning the enforcement of a criminal judgment should be envisaged, in particular where citizens of the Contracting Parties were the subject of a criminal judgement and were sentenced to a custodial line or a measure involving deprivation of liberty in another Contracting Party. Notwithstanding the need to provide the person sentenced with the adequat safeguards, his or her involvement in the proceedings should no longer be dominant in all cases by requiring his or her consent to the forwarding of a judgment to the other Contracting Party for the purpose of its recognition and enforcement of the line is imposed. (3) this agreement should be implemented and applied in a manner which allows general principles of equality, and fairnes reasonablenes to be respected. (4) enforcement of the line in the executing State should enhance the possibility of social rehabilitation of the sentenced person. In the context of satisfying itself that the enforcement of the line by the executing State will serve the purpose of facilitating the social rehabilitation of the sentenced person, the competent authority of the issuing State should take into account such elements as, for example, the person's attachment to the executing State, he or she consider whethers it the place of the family linguistic, cultural, social, or economic and other links to the executing State. (5) Nothing in this agreement should be interpreted as prohibiting refusal to execute a decision when there are objective reasons to believe that the line was imposed for the purpose of punishing a person on the ground of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation, or that that person's position may be prejudiced on any one of those grounds (6) this agreement should not prevent any Contracting Party from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media. Have AGREED AS follows: article 1 Definition For the purpose of this agreement: (a) ' shall mean a final judgement ' decision or order of a Court of the issuing State imposing a line on a natural person; (b) ' shall mean any custodial line ' line or any measure involving deprivation of liberty imposed for a limited or unlimited period of time on account of a criminal offenc on the basis of criminal proceedings; (c) ' State ' shall mean the issuing State in which a judgment is delivered; (d) ' executing State ' shall mean the State to which a judgement is forwarded for the purpose of its recognition and enforcement; (e) the State in which the sentenced persons ' lives ', indicates the place to which the person is attached based on habitual residence and on elements such as family, social or professional Court; (f) ' nationality ' shall mean for Latvia, the citizenship of Latvia and persons who are the subject of the Law "On the status of Former USSR citizens who are not citizens of Latvia or any other State" and, for Norway, the citizenship of Norway. Article 2 the Determination of the competent authorities of the Contracting Parties shall inform each of the undu without delay others which authority or authorities, under its national law, are competent in accordanc with this agreement, the Contracting Party when you is the issuing State or the executing State. Article 3 purpose and scope 1. The purpose of this agreement is to establish the rules under which a Contracting Party, with a view to facilitating the social rehabilitation of the sentenced person, is it a judgement recognis and enforce the line. 2. This agreement shall apply where the sentenced person is in the issuing State or in the executing State. 3. This agreement shall apply only to the recognition of the judgment and the enforcement of the line within the meaning of this agreement. The fact that, in addition to the line, a fine and/or a confiscation order has been imposed, which has not yet been paid, recovered or enforced, shall not prevent a judgement from being forwarded. 4. This agreement shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in the European Convention for the Protection on Human rights and Fundamental Freedom of 4 November 1950. Article 4 criteria for forwarding a judgment and a certificate 1. Provided that the sentenced person is in the issuing State or in the executing State , and provided that this person has given his consent where required or here under article 6, a judgement, together with the certificate for which the standard form is given in Annex I, may be forwarded to the other Contracting Party when: (a) the other Contracting Party is the State of nationality of the sentenced person in which he or she lives; or (b) the other Contracting Party is the State of nationality, which, while not being the State where he or she lives, the sentenced person will be deported, once he or she is released from the enforcement of the line on the basis of an expulsion or deportation order included in the judgement or in a judicial or administrative decision or any other measure taken consequential to the judgement. (c)) the other Contracting Party is the State, of which, while not being the State of nationality, the Court sentenced person has such close it, that (a) the transfer is deemed appropriate, and the competent authority of that Contracting Party consent to the forwarding of the judgement and the certificate. In the case of the Court sentenced a close person with habitual residence based on, he or she shall have been legally residing in the other Contracting Party continuously for at least five years and shall retain a permanent right of residence there. 2. The forwarding of the judgement and the certificate may take place where the competent authority of the issuing State, where appropriate after consultation between the competent authorities of the issuing and the executing of the States, is satisfied that the enforcement of the line by the executing State would serve the purpose of facilitating the social rehabilitation of the sentenced person. 3. Before forwarding the judgement and the certificate, the competent authority of the issuing State may consult, by any appropriate means, the competent authority of the executing State. Consultation shall be obligatory in the cases referred to in paragraph 1 (c). In such cases the competent authority of the executing State shall promptly inform the issuing State of its decision to consent or not to the whethers the forwarding of the judgement. 4. During such consultation, the competent authority of the executing State may present to the competent authority of the issuing State with a reasoned opinion, that enforcement of the line in the executing State would not serve the purpose of facilitating the social rehabilitation and successful reintegration of the sentenced persons into society. Where there has been such an opinion of consultation, may be presented without delay after the transmission of the judgement and the certificate. The competent authority of the issuing State shall consider such opinion and decide to withdraw the whethers certificate or not. 5. The executing State may, on its own initiative, request the issuing State to forward the judgement together with the certificate. The sentenced person may also request the competent authorities to be of the issuing State or the executing state of the initiat a procedure for forwarding the judgement and the certificate under this agreement. Requests made under this paragraph shall not create an obligation of the issuing State to forward the judgement together with the certificate. 6. In cases where the sentenced person could be transferred to a Contracting Party and to a third State under national law or international instruments, the competent authorities of the issuing and the executing States should, in consultation, consider whethers enforcement in the executing State would enhance the aim of social rehabilitation better than enforcement in the third country. Article 5 Forwarding of the judgement and the certificate 1. The judgement or a certified copy of it, together with the certificate, shall be forwarded by the competent authority of the issuing State directly to the competent authority of the executing State by any means which leaves a written record under conditions allowing the executing State to establish its authenticity. The original of the judgement, or a certified copy of it, and the original of the certificate, shall be sent to the executing State if it so requires. All official communications shall also be made directly between the competent authorities of the said. 2. The certificate shall be signed, and its content certified as accurate, by the competent authority of the issuing State. 3. When an authority of the executing State which receive a judgement together with a certificate of competence it has recognis it and take the measure for its cessary enforcement, it shall, ex officio, forward the judgement together with the certificate to the competent authority of the executing State and shall notify the competent authority of the issuing State accordingly. Article 6 Opinion and notification of the sentenced person 1. Without prejudice to paragraph 2, (a) the judgement together with (a) a certificate may be forwarded to the executing State for the purpose of its recognition and enforcement of the line only with the consent of the sentenced person in accordanc with the law of the issuing State. 2. The consent of the sentenced person to the transfer of the execution of the life line shall not be required where: (a) the sentenced person is a national of the executing State and lives in that State; (b) the sentenced person will be deported to the executing state once he or she is released from the enforcement of the line on the basis of an expulsion or deportation order included in the judgement or in a judicial or administrative decision or any other measure consequential to the judgement; (c) the sentenced person has fled or otherwise returned to the executing State in view of the criminal proceedings pending against him or her in the issuing State or following the convictions in that issuing State. 3. In all cases where the sentenced person is still in the issuing State, he or she shall be given an opportunity to state his or her opinion orally or in writing. Where the issuing State consider it not cessary in view of the sentenced person's age or his or her physical or mental condition, that shall be given the opportunity to his or her legal representative. The opinion of the sentenced person shall be taken into account when deciding the issue of forwarding the judgement together with the certificate. Where the person has availed him or her self of the opportunity provided in this paragraph, the opinion of the sentenced person shall be forwarded to the executing State. If the sentenced person stated his or her opinion orally, the issuing State shall ensur that the written record of such statement is available to the executing State. 4. The competent authority of the issuing State shall inform the sentenced person, in a language which he or she will understand, that it has decided to forward the judgement together with the certificate by using the standard form of the notification set out in Annexe II. When the sentenced person is in the executing State at the time of that decision notification thereof shall be the transmitted to the executing State, which shall inform the sentenced person accordingly. Article 7 Recognition of the judgement and enforcement of the line 1. The competent authority of the executing State shall recognis a judgement which has been forwarded in accordanc with the procedure under this agreement, and shall forthwith take all the cessary for the enforcement of the measure of the line, unless it's to decide one of the invoke grounds for non-recognition and non-enforcement provided for in article 8. ' 2. Where the line is incompatibl with the law of the executing State in terms of its duration by the competent authority of the executing State may decide to adap the line only where that line 12 of the maximum penalty provided for under its national of the offenc similar law. The line is adapted shall not be less than the maximum penalty provided for under the law of the offenc similar of the executing State. 3. Where the line is incompatibl with the law of the executing State in terms of its nature, the competent authority of the executing State may adap it to the punishment or measure provided for under its own law for similar offenc. Such a punishment or measure shall correspond as closely as possible to the line is imposed in the issuing State and therefore the a line shall not be converted into a pecuniary punishment. 4. The line is adapted shall not aggravat the line is passed in the issuing State in terms of its nature or duration. Article 8 grounds for non-recognition and non-enforcement 1. The competent authority of the executing State may refus to recognis the judgement and enforce the line, if: (a) the certificate referred to in article 4 is incomplete or manifestly does not correspond to the judgement and has not been completed or corrected within a reasonable deadline set by the competent authority of the executing State; (b) the criteria set forth in article 4 (1) are not met; (c) the enforcement of the in line would be contrary to the principle of ne bis in idem; (d) the judgement of the acts which relate would note an offenc constitut is under the law of the executing State. However, in relations to their taxes or duties, customs and Exchange, execution of a judgement may not be refused on the ground that the law of the executing State does not impost is the same kind of tax or duty or does not contain the same type of rules as regards taxes, duties and customs and exchange regulations as the law of the issuing State; (e) the enforcement of the Statute-Barreda Fontes line is according to the law of the executing State; (f) there is immunity under the law of the executing State, which makes it impossible to enforce the line; (g) the line has been imposed on a person who, under the law of the executing State, his or her age it Owings, could not have been held criminally liabl for the acts in respect of which the judgement was issued; (h) at the time the judgement was received by the competent authority of the executing State, less than 6 months of the the line remains to be served; (i) according to the certificate provided for in article 4, the person did not appear in person at the trial resulting in the decision, unless the certificate States that the person, in accordanc with further procedural requirements defined in the national law of the issuing State: (1) In due time:-either was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision , or by other means actually received official information of the scheduled date and place of the trial in such a manner that (a) it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision-may be handed down if he or she does not appear for the trial; or (2) being aware of the scheduled trial had given a mandate to a legal counselor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counselor at the trial; or (3) after being served with the decision and being expressly informed of the right to a retrial, or an appeal, in which the person has the right to allow participat and which the Merritt of the case, including fresh evidence, to be reexamined, and which may lead to the original decision being reversed:-expressly stated that he or she does not contest the decision , or-did not request a retrial or appeal within the applicable time frame. (j) the executing State, before a decision is taken in accordanc with article 11 (1) (a) of the request, he in accordanc with article 16 (3), and the issuing State does not consent, in accordanc with article 16 (2) (g), to the person concerned being prosecuted, sentenced or otherwise deprived of his or her liberty in the executing State for an offenc is committed prior to the transfer other than that for which the person was transferred; (k) the Office line includes a measure imposed of psychiatric or health care or another measure involving deprivation of liberty, which, notwithstanding article 7 (3) cannot be executed by the executing State in accordanc with it legal or health care system. 2. In the cases referred to in paragraph 1 (a), (b), (c), (d), (i) and (k) before deciding not to recognis the judgement and enforce the line, the competent authority of the executing State shall consult the competent authority of the issuing State, by any appropriate means, and shall, where appropriate, ask it to supply any additional information without delay cessary not. Article 9 Partial recognition and enforcement 1. If the competent authority of the executing State could consider recognition of the judgement and enforcement of the line in about, it may, before deciding their refus recognition of the judgement and enforcement of the line in whole, consult the competent authority of the issuing State with a view to finding an agreement, as provided for in paragraph 2. The competent authorities of the issuing and the executing of the States may agree, on a case-by-case basis, to the partial recognition and enforcement of a line in accordanc with the conditions set out by them, provided such recognition and enforcement do not result in the aggravation of the duration of the line. In the absence of such agreement, the certificate shall be withdrawn. Article 10 Postponemen of recognition of the judgement 1. The recognition of the judgement may be postponed in the executing State where the certificate referred to in article 4 is incomplete or manifestly does not correspond to the judgement, until such reasonable deadline set by the executing State for the certificate to be completed or corrected. 2. Paragraph 1 is applicable mutatis mutandis to the cases where the certificate, the judgement and others not cessary documentation are not translated in accordanc with article 21 Article 11 Decisions on the enforcement of the line and time limits 1. The competent authority in the executing State shall decide as quickly as possible their recognis whethers the judgement and enforce the line and shall inform the issuing State thereof, including of any decision to adap the line in accordanc with article 7 (2) and (3). 2. Unless a ground for a postponemen exists under article 10, the final decision on the recognition of the judgement and the enforcement of the a line shall be taken as soon as possible and within a period of 90 days of receipt of the judgement and the certificate. 3. When in exceptional cases it is not possible for the competent authority of the executing State to comply with the period provided for in paragraph 2, it shall without delay inform the competent authority of the issuing State by any means, giving the reason for the delay and the estimated time needed for the final decision to be taken. Article 12 Withdrawals of the certificate As long as the enforcement of the line in the executing State has not begun, the issuing State may withdraw the certificate from that State, giving reasons for doing so. Upon withdrawals of the certificate, the executing State shall no longer enforce the line.
Article 13 Provisional arrest where the sentenced person is in the executing State, the executing State may, at the request of the issuing State, before the arrival of the judgement and the certificate, or before the decision to recognis the judgement and enforce the line, arrest the sentenced person, or take any other measure to ensur that the sentenced person remains in its territory pending a decision, the judgement the recognis and enforce the line. The duration of the life line shall not be aggravated as a result of any period spen in custody by reason of this provision.
Article 14 Transfer of sentenced person 1. If the sentenced person is in the issuing State, he or she shall be transferred to the executing State at a time agreed between the competent authorities of the issuing and the executing of the States, and no later than 30 days after the final decision of the executing State on the recognition of the judgement and enforcement of the line has been taken. 2. The issuing State shall be responsible for the transfer of the sentenced person to the territory of the executing State, including obtaining any authorisation not cessary for transit. 3. If the transfer of the sentenced person within the period put down in paragraph 1 is prevented by unforeseen circumstanc, the competent authorities of the issuing and the executing States shall immediately contact each other. Transfer shall take place as soon as these cease to exist of circumstanc. The competent authority of the issuing State shall immediately inform the competent authority of the executing State and agree on a new transfer date. In that event, the transfer shall take place within 10 days after the new data in the agreed.
Article 15 Law enforcement each 1. The enforcement shall be governed by line of (a) by the law of the executing State. The authorities of the executing State alone shall, subject to paragraphs 2 and 3, be competent to decide on the procedures for enforcement and to determin all the measure, including the relating theret the ground for early or conditional release. 2. The competent authority of the executing State shall be the period of deduc full deprivation of liberty already served in connection with the line in respect of which the judgement was issued from the total duration of the deprivation of liberty to be served. 3. The competent authority of the executing State shall, upon request, inform the competent authority of the issuing State of the applicable provision on possible early or conditional release. The issuing State may agree to the application of such provision or it may withdraw the certificate.
Article 16 Specialty 1.  A person transferred to the executing State pursuan to this Agreement shall not, subject to paragraph 2, be prosecuted, sentenced or otherwise deprived of his or her liberty for an offenc is committed before his or her transfer other than that for which he or she was transferred. 2. Paragraph 1 shall not apply in the following cases: (a) when the person having had an opportunity to leave the territory of the executing State has not done so within 45 days of his or her final discharge, or has returned to that territory after leaving it; (b) when the offenc is not punishabl by a custodial detention orders or line; (c) when the criminal proceedings do not give rise to the application of a measure restricting personal liberty; (d) when the person could be sentenced to a liabl penalty or a measure not involving deprivation of liberty, in particular a financial penalty or a measure in lieu thereof, even if the penalty or measure may give rise in lieu to a restriction of his or her personal liberty; (e) when the person consented to the transfer sentenced; (f) when the sentenced person, after his or her transfer, has expressly renounced entitlement to the specialty rule with regards to specific preceding his or her transfer of the offenc. Renunciation shall be given before the competent judicial authorities of the executing State and the shall be recorded in accordanc with that State's national law. The renunciation shall be drawn up in such a way as to make clear that the person has given it voluntarily and in full awareness of the consequences. To that end, the Parties shall have the right to legal counsel; (g) for cases other than those mentioned under points (a) to (f), where the issuing State of its consent to give in accordanc with paragraph 3 3.  (A) the request for consent shall be submitted to the competent authority of the issuing State of the. The consent shall be given if there is an obligation to surrender the person extradit or under the Convention or applicable agreements between Latvia and Norway. The decision shall be taken from later than 30 days after receipt of the request.
Article 17 Amnesty, pardon, review of judgement 1. An amnesty or pardon may be granted by the issuing State and also by the executing State in accordanc with their national law. 2. Only the issuing State may decide on applications for review of the judgement imposing the line to be enforced under this agreement.
Article 18 Information from the issuing State 1. The competent authority of the issuing State shall forthwith inform the competent authority of the executing state of any decision or measure as a result of which the line is to be enforceabl by a cease immediately or within a certain period of time. 2. The competent authority of the executing State shall terminate enforcement of the line as soon as it is informed by the competent authority of the issuing State of the decision or measure referred to in article 19 paragraph 1. Information to be given by the executing State, the competent authority of the executing State shall without delay inform the competent authority of the issuing State by any means which leaves a written record : (a) of the forwarding of the judgement and the certificate to the competent authority responsible for its execution in accordanc with article 5 (3); (b) of the fact that it is in practice impossible to enforce the line is because after transmission of the judgement and the certificate to the executing State, the sentenced person cannot be found in the territory of the executing State, in which case there shall be from the obligation on the executing State to enforce the line; (c) of the final decision to the judgement recognis and enforce the line together with the date of the decision; (d) of any decision not to recognis the judgement and enforce the line in accordanc with article 8, together with the reasons for the decision; (e) any decision of the adap the line in accordanc with article 7 (2) or (3), together with the reasons for the decision; (f) of any decision not to enforce the line for the reasons referred to in article 17 (1) together with the reasons for the decision; (g) of the beginning and the end of the period of conditional release, where so indicated in the certificate by the issuing State; (h) of the sentenced person's escape from custody; (i) of the enforcement of the line as soon as it has been completed.
Article 20 consequences of the transfer of the sentenced person 1. Subject to paragraph 2, the issuing State shall not proceed with the enforcement of the in line once its enforcement in the executing State has begun. 2. The right to enforce the life line shall revert to the issuing State upon it being informed by the executing state of the partial non-enforcement of the a line to the article 19 pursuan (h).
Article 21 languages 1. When the Kingdom of Norway is the executing State, the certificate, the final judgement and others shall not be translated into cessary documentation English. 2. When the Republic of Latvia is the executing State, the certificate, the final judgement and others shall not be translated into cessary documentation Latvian. 3. The communications between the competent authorities of the Contracting Parties shall be the made in English.
Article 22 the costs resulting from Costa the application of this Agreement shall be borne by the executing State, except for the costs of the transfer of the sentenced person to the executing State and those arising exclusively in the sovereign territory of the issuing State. Article 23 Consultation the Contracting Parties may consult each other to find solutions to individual cases and in view of the effective implementation of this agreement. Consultation shall take place directly in between the competent authorities of the Contracting the parties. Article 24 Sharing information the authorities may be Competent, at least once a year, give each other general information about the national of the other Contracting Party, subject to a final line. Article 25 of the line following enforcement an arrest warrant 1. Without prejudice to the agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the Member States of the European Union and Iceland and Norway, the provision of this Agreement shall apply, mutatis mutandis to the exten the ut300r2u compatible with provision under that agreement, in line with the enforcement of cases where a Contracting Party to enforce the undertak line in cases to their article 5 pursuan (1) (f) of that agreement , or where, acting under article 8 (3) of that agreement, it has imposed the condition that the person has to be returned to serve the other Contracting Party in line, so as to avoid impunity of the persons concerned. 2. The provision of paragraph 1 shall only be applied after the entry into force of the said agreement. Article 26 Relationship with other agreements this Agreement shall, from the date of entry into force, replace the òàæó provision of the following convention is applicable in relations between the Contracting Parties: – the European Convention on the transfer of sentenced persons of 21 March 1983 and the Additional Protocol of 18 December 1997 the theret; — The European Convention on the International Validity of Criminal Judgment of 28 May 1970; — Title III, Chapter 5, of the Convention of 19 June 1990 implementing the Schengen Convention of 14 June 1985 on the gradual abolition of checks at the common borders at.
Article 27 Transitional provision this Agreement shall apply to the final judgment was issued after its entry into force. The existing legal instruments on the transfer of sentenced persons shall apply to the final judgment was issued before entry into force of this agreement. Article 28 Review provision this agreement may be reviewed at the initiative of one of the Contracting Parties. Such review shall take place if the Contracting Party changes its position concerning the concept of dual criminality or on the translation of the judgment. Article 29 Final provision 1. This agreement shall enter into force on the thirtieth day after the latter of the dates on which each of the Contracting Parties has notified the other through diplomatic channels that the procedures required by its law have been complied with. 2. This agreement may be amended by the written consent of the Contracting Parties. Such amendments shall be an integral part of constitut this agreement and shall enter into force in accordanc with provision of paragraph 1 of article 29.  3. Any of the Contracting Parties may terminate this agreement, at any time, by means of written notice through diplomatic channels recently. In this event, this Agreement shall cease to take effect 6 months after the date of receipt of the notice. In WITNESS WHEREOF the undersigned, being duly authorized by their Governments of the respectiv theret, have signed the present agreement. Done at Washington, this 28th day of April in the year of 2011, in duplicate, in the Latvian, Norwegian and English languages, all texts being equally authentic. In the case of the divergenc of interpretation, the English text shall prevails.
For the Government OF the REPUBLIC OF Latvia Minister Aigars ŠTOKENBERG of Justice FOR the Government OF the KINGDOM OF NORWAY Minister of Justice Knut STORBERGE a certificate referred to in ANNEX I, article 4 of the Treaty between the Republic of Latvia and the Kingdom of Norway on the recognition and enforcement of judgment in criminal matters imposing custodial measure involving deprivation of the line or of liberty1 (a) Issuing State : …
      Executing State: ...
(b) the Court which delivered the judgement imposing the line that becam final: Official name: the ...
The judgement was delivered on (give date: dd-mm-yyyy): ...
The final judgement becam on (give date: dd-mm-yyyy): ...
Reference number of the judgement (if available):.                                            (c) Information related to the authority that may be contacted for any questions related to the certificate: 1. the type of authority: Please tick the relevant box: Central authority.
Court ...
Other authority ...
2. Contact details of the authority indicated under point (c): Official name: the ...
Address: ...
Phone: (country code) (area/city code).
Fax: (country code) (area/city code).
E-mail address (if available):.
3. the languages in which it is possible to communicate with the authority: 4. Contact details of the person (s) to be contacted to obtain additional information for the purpose of enforcement of the judgement or agreement on the transfer procedure (name, title/grade, telephone no: …., fax, e-mail address), if different from 2: (d) the Information regarding the person on whom the line has been imposed : Name: ...
Forenam (s):.
Maiden name, where applicable:.
Alias, where applicable:.
Sex: ...
Nationality: ...
Identity number or social security number (if available):.
Date of birth: ...
Place of birth: ...
Last known address/residence: ...
Language (s) which the person understand (if known):
The sentenced person is: in the issuing State and is to be transferred to the executing State.   in the executing State and enforcement is to take place in that State. Additional information to be provided, if available and if appropriate: 1. the photo and fingerprint of the person, and/or contact details of the person to be contacted in order to obtain such information.
2. the type and reference number of the sentenced person's identity card or passport:
3. the type and reference number of the sentenced person's residence permit: ...
4. Other relevant information about the sentenced person's family, social or professional court to the executing State: ...
(e) the request for provisional arrest by the issuing State (where the sentenced person is in the executing State): the issuing State requests the State executing the arrest the person sentenced, or to take any other measure to ensur that the sentenced person remains in its territory, pending a decision to recognize and enforce the line.
The issuing State has already requested the State executing the arrest the person sentenced, or to take any other measure to ensur that the sentenced person remains in its territory, pending a decision to recognize and enforce the line. Please provide the name of the authority in the executing state that has taken the decision on the request to arrest the person (if applicable and available):.
(f) Relations to any earlier arrest warrant warrant2: An arrest has been issued for the purpose of the execution of a custodial detention orders or line and the executing State to execute the undertak line or detention order (article 5 (1) (f) of the agreement on the Surrender procedure between the Member States of the European Union and Iceland and Norway). Date of issue of the arrest warrant and, if available, reference number: ... Name of the authority that issued the arrest warrant: ... The data of the decision to the undertak execution and, if available, reference number: ... Name of the authority that issued the decision to the undertak execution of the line: ...
An arrest warrant has been issued for the purpose of the prosecution of a person who is a national or resident of the executing State in order to serve there the custodial detention orders or line passed against him or her in the issuing State (article 8 (3) of the agreement on the Surrender procedure between the Member States of the European Union and Iceland and Norway). The data of the decision to surrender the person: ... Name of the authority that issued the decision to surrender: ... Reference number of the decision, if available:. Details of the surrender of the person, if available:. (g) reasons for forwarding the judgement and the certificate (if you have filled in the Box (f), there is no need to fill in this box): the judgement and the certificate are forwarded to the executing State because the issuing authority is satisfied that the enforcement of the line by the executing State would serve the purpose of facilitating the social rehabilitation of the sentenced person and : (a) the executing State is the State of nationality of the sentenced person in which he or she lives.
(b) the executing State is the State of nationality of the sentenced person, which the person sentenced will be deported, once he or she is released from the enforcement of the line on the basis of an expulsion or deportation order included in the judgement or in a judicial or administrative decision or any other measure taken consequential to the judgement. If the expulsion or deportation order is not included in the judgement, please provide the name of the authority that issued the order, the date of issue, and, if available, the reference number: ...
(c) the executing State is a State, other than a State referred to in (a) or (b), the competent authority of which consent to the forwarding of the judgement and the certificate to that State. (h) the judgement imposing the line: 1. The judgement covers ... offenc in total. Summary of facts and a description of the check in which the offenc circumstanc (s) was (were) committed, including the time and place; and the nature of the involvement of the sentenced person: ...
Nature and legal classification of the offenc (s) and the applicable statutory provision on the basis of which the judgement was made: ...
2. Please give a full description of the offenc (s) concerned: ...
(i) the status of the judgement imposing the line: 1. if the party Indicates appeared in person at the trial resulting in the decision: 1. Yes, the person appeared in person at the trial resulting in the decision. 2. the person did not, appear in person at the trial resulting in the decision. 3. If you have ticked the box under point 2, please confirm the existenc of one of the following: 3.1. the person was summoned in person on ... (day/month/year) and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial; or 3.1 (b). the person was not summoned in person but by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial; or 3.2. being aware of the scheduled trial the person had given a mandate to a legal counsellor, who was either appointed by the person concerned or by the State, to defend him or her at the trial, and was indeed defended by that counsellor at the trial; 3.3. the person or was served with the decision on ... (day/month/year) and was expressly informed about the right to a retrial or appeal, in which he or she has the right to allow participat and which the Merritt of the case, including fresh evidence, to be reexamined, and which may lead to the original decision being reversed, and the person expressly stated that he or she does not contest this decision , or the person did not request a retrial or appeal within the applicable time frame. 4. If you have ticked the box under points 3.1, 3.2 or 3.3 (b) above, please provide information about how the relevant condition has been met:........................................................................................................................................................................................................................................................................................................... " 2. Details of the length of the line: 2.1. Total length of the line: ...
2.2. The full period of deprivation of liberty already served in connection with the line in respect of which the judgement was issued: ... as per (...) (give a date on which calculation was made: dd-mm-yyyy): ...
2.3. the Number of days to be deducted from the total length of the line for reasons other than the one referred to under 2.2 (e.g. amnest, pardon or clemenc, etc already granted with respect to them. the line): ... as per (give date on which calculation was made: dd-mm-yyyy): ...
2.4. the expiry date in line with the issuing State: Not applicable, because the person is not in custody the person currently is currently in custody and the line, under the law of the issuing State, would be fully served by (give date: dd-mm-yyyy) 3: ...
3. the type of line:-line-custodial measure involving deprivation of liberty (Please specify): …
(j) Information related to early or conditional release: 1. Under the law of the issuing State the person sentenced is entitled to early or conditional release, having served: half the line with two-thirds of the portions of the line of another line (please indicates): 2. The competent authority of the issuing State requests to be informed of: a the applicable provision of the law of the executing State on early or conditional release of the sentenced person;
The beginning and the end of the period of early or conditional release. (k) the Opinion of the sentenced person: 1. The sentenced person could not be heard because he/she is already in the executing State. 2. The sentenced person is in the issuing State and: a. has requested the forwarding of the judgement and the certificate has consented to the forwarding of the judgement and the certificate did not consent to the forwarding of the judgement and the certificate (state reasons given by the sentenced person): ... (b) in the Opinion of the sentenced person. is attached.
Opinion of the sentenced person was forwarded to the executing State on (give date: dd-mm-yyyy): ...
(l) Others of circumstanc relevant to the case (optional information):
(m) Final information: the text of the judgement (s) is (are) attached to the certificate4. Signature of the authority issuing the certificate and/or its representative certifying the content of the certificate as accurate.
Name: ...
Post held (title/grade): ...
Date: ...
Official stamp (if available).
1 this certificate must be written in, or translated into one of the languages as stated in article 21 of the Treaty between the Republic of Latvia and the Kingdom of Norway on the recognition and enforcement of judgment in criminal matters imposing custodial measure involving deprivation of the line or of liberty. 2 this box shall be filled in only after the entry into force of the agreement on the Surrender procedure between the Member States of the European Union and Iceland and Norway. 3 Please insert here the date by which the line would be fully served by (not taking into account the possibilities of any form of early and/or conditional release), if the person were to stay in the issuing State. 4 the competent authority of the issuing State must attach all of the judgment related to the case which does not have the cessary to all the information on the final line to be enforced. A translation of the final judgement shall also be attached.
  ANNEX II NOTIFICATION OF the SENTENCED PERSON you are hereby notified of the decision of the ... (the competent authority of the issuing State) to forward the judgment of ... (the competent court of the issuing State) dated ... (date of judgement). (reference number; if available). (executing State) for the purpose of its recognition and enforcement of the a line imposed therein in accordanc with the Treaty between the Republic of Latvia and the Kingdom of Norway on the recognition and enforcement of judgment in criminal matters imposing custodial measure involving deprivation of the line or of liberty. The enforcement of the line will be governed by the law of ... (executing State). The authorities of that State will be competent to decide on the procedures for enforcement and to determin all the measure, including the relating theret the ground for early or conditional release. The competent authority of ...
(executing State) has to be the full period of deduc deprivation of liberty already served in connection with the line from the total duration of the deprivation of liberty to be served. An adaptation of the line by the competent authority of ... (executing State) may take place only if it is incompatibl with the law of that State in terms of its duration or nature. The adapted line is a must not aggravat the line is passed in. (the issuing State) by its nature or duration.