The Saeima has adopted and the President promulgated the following laws: kriminālspriedum the European Convention on the international validity of article 1. of 28 May 1970 on the European Convention on the international validity of kriminālspriedum (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 19 of the Convention, the second part of Latvia addressed to the requests and annexed documents shall be submitted together with a translation into Latvian language in it. 3. article. In accordance with article 61 of the Convention the first part of the following conventions, Latvia shall reserve the rights laid down in annex I: 1) refusing to execute the judgment, if it considers that the judgment is applicable for financial or religious offences;
2) penalties for refusing to execute the transaction in accordance with Latvian law can only deal with administrative authority;
3) refuse to execute the European kriminālspriedum that the national authority which made the request, the date when declared in accordance with Latvian law, criminal proceedings for an offence which was the subject of the judgment, would have interrupted the limitation period;
4) refuse to apply the provisions of article 8 of the Convention in cases where Latvia has original jurisdiction, and in such cases to admit only such action which interrupts or repealed its state specific time limits, which made the request. 4. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 5. article. The Convention shall enter into force on its article 58 and the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 6. article. The Ministry of Justice to coordinate the fulfilment of the obligations provided for in the Convention. The law adopted by the Parliament of 5 June 2003. State v. President Vaira Vīķe-Freiberga in Riga, 19 June 2003, the EUROPEAN CONVENTION on the INTERNATIONAL VALIDITY OF CRIMINAL ON the JUDGMENT in the Hague, 28 v. 1970 preamble the member States of the Council of Europe, signatory of the heret, Considering that the fight against crime, which is becoming increasingly an international problem, calls for the use of modern and effective methods on an international scale; Convinced of the need to pursu a common criminal policy aimed at the protection of society; Conscious of the need to respect human dignity and to promote the rehabilitation of the offender; Considering that the aim of the Council of Europe is to achieve greater unity between its members, have agreed as follows: part I Definition article 1 For the purpose of this Convention: (a) "European criminal judgment" means any final decision delivered by a criminal court of a Contracting State as a result of criminal proceedings;  (b) "Offenc" compris, apart from acts deal with under the criminal law, those deals with under the legal provision listed in Appendix II to the present Convention on condition that where these provision to give it an administrative authority competence there must be opportunity for the person concerned to have the case tried by a court;  (c) the "Line" means the imposition of a sanction;  (d) "Sanction" means any punishment or other measure expressly imposed on a person, in respect of an offenc, in a European criminal judgment, or in an ordonnance pēnal;  (e) "Disqualification" means any loss or suspension of a right or any prohibition or loss of legal capacity;  (f) "judgement rendered in absentia" means any decision considered as such under article 21, paragraph 2;   (g) "Ordonnance pēnal" means any of the decision is delivered in another Contracting State and listed in Appendix III to this Convention.   Part II enforcement of European criminal judgment Section 1 — General provision — (a) General conditions of enforcement of article 2 this on is applicable to: (a) involving deprivation of liberty sanctions;  (b) fine or confiscation;  (c) disqualification. Article 3 1 shall be A Contracting State competent in the cases and under the conditions provided for in this Convention to enforce a sanction imposed in another Contracting State which is enforceabl in the latter State. 2. This competence can only be exercised following a request by the other Contracting State. Article 4 1. The sanctions shall not be enforced by another Contracting State under its laws unless the Act for which the sanction was imposed would be an offenc if committed on its territory and the persons on whom the sanction was imposed this punishment if he liabl had committed the Act there. 2. If the line is to relate two or more, not all of the offenc which fulfil the requirements of paragraph 1, the sentencing State shall specify which part of the sanction applies to the that of the offenc satisfy those requirements. Article 5 the sentencing State may request another Contracting State to enforce the sanction only if one or more of the following conditions fulfilled: (a) if the person sentenced is ordinarily the resident in the other State;  (b) if the enforcement of the sanction in the other State is likely to improve the prospects for the social rehabilitation of the person sentenced;  (c) if, in the case of a sanction involving deprivation of liberty, the sanctions could be enforced following the enforcement of another sanction involving deprivation of liberty which the sentenced person is undergoing or is it the other Stats in underg.  (d) if the other State is the State of origin of the person sentenced and has declared itself willing to accept responsibility for the enforcement of that sanction;  e if it consider that it cannot itself enforce the sanction, even by having their extradition, recourses and that the other State can. Article 6 enforcement requested in accordanc with the foregoing provision may not be refused, in whole or in part, your: (a) where enforcement would run counter to the fundamental principles of the legal system of the requested State;  (b) where the requested State consider the offenc for which the line was passed to be of a political nature or a purely military one;  (c) where the requested State consider that there are substantial grounds for believing that the line was brough about or aggravated by considerations of race, religion, nationality or political opinion;  (d) where enforcement would be contrary to the international undertaking of the requested State;  (e) where the Act is already the subject of proceedings in the requested State or where the requested State decide to institute proceedings in respect of the Act;  (f) where the competent authorities in the requested the State have decided not to take proceedings or to drop proceedings already begun, in respect of the same Act;  (g) where the Act was committed outside the territory of the requesting State;  (h) where the requested State is unable to enforce the sanctions;  (I) where the request is grounded on article 5.e and none of the other conditions mentioned in that article is fulfilled;  (j) where the requested State consider that the requesting State is itself able to enforce the sanctions;  (k) where the age of the person sentenced at the time of the offenc was such that he could not have been prosecuted in the requested State;  (l) where under the law of the requested State the sanction imposed can no longer be enforced because of the lapse of time;  m where and to the exten that the line of the impost of a disqualification. Article 7 (A) the request for enforcement shall not be complied with if enforcement would run counter to the principles recognised in the provision of Section 1 of part III of this Convention.   (b) — effects of the transfer of the enforcement of article 8 For the purpose of article 6, paragraph 1 and the reservation mentioned under c of Appendix I of the present Convention any act which interrupt or suspend a time limitations validly performed by the authorities of the sentencing State shall be considered as having the same effect for the purpose of short reckonings time limitations in the requested State in accordanc with the law of that State. Article 9 1 sentenced person detained in A the requesting State who has been surrendered to the requested State for the purpose of enforcement shall not be proceeded against, sentenced or detained with a view to the carrying out of a detention order or line for any committed prior to his surrender of the offenc other than that for which the line is to be enforced was imposed , nor shall he for any other reason be restricted in his personal freedom, except in the following cases: (a) when the State which surrendered him consent. (A) the request for consent shall be submitted, accompanied by the all relevant documents and a legal record of any statement made by the convicted person in respect of the offenc is concerned. The consent shall be given when the offenc for which it is requested would itself be subject to extradition under the law of the State requesting enforcement or when extradition would be excluded only by reason of the amount of the punishment;  (b) when the person having had an opportunity, sentenced to leave the territory of the State to which he has been surrendered, has not done so within 45 days of his final discharge, or if he has returned to that territory after leaving it. The State requested to enforce the line in may, however, take any measure to remove the cessary not person from its territory, or any measure not under its law, including cessary proceedings by default, to prevent any legal effects of lapse of time. Article 10 1. The enforcement shall be governed by the law of the requested State and that State alone shall be competent to take all appropriate decisions, such as those concerning conditional release. 2. The requesting State alone shall have the right to decide on any application for review of line. 3. Either State may exercise the right of amnesty or pardon. Article 11 1. When the sentencing State has requested enforcement it may no longer itself begin the enforcement of a sanction which is the subject of that request. The sentencing State may, however, begin enforcement of a sanction involving deprivation of liberty when the sentenced person is already detained on the territory of that State at the moment of the presentation of the request. 2. The right of enforcement shall revert to the requesting State: (a) if it will withdraw its request before the requested State has informed it of an intention to take action on the request;  (b) if the requested State to a refusal it notifu take action on the request;  (c) if the requested State expressly relinquish it right of enforcement. Such a relinquishmen shall only be possible if both the States concerned agree or if enforcement is no longer possible in the requested State. In the latter case, demanded by the relinquishmen to a requesting State shall be compulsory. Article 12 1. The competent authorities of the requested State shall discontinu the enforcement as soon as they have knowledge of pardon, amnesty or any application for review of any line or other decision by reason of which the sanction of a cease to be enforceabl. The same shall apply to the enforcement of a fine when the sentenced person has paid it to the competent authority in the requesting State. 2. The requesting State shall without delay inform the requested State of any decision or measure taken on its procedural territory that causes the right of enforcement to lapse in accordanc with the preceding paragraph.   c — miscellaneous provisions article 13 1. The transit through the territory of a Contracting State of a detained person, who is to be transferred to a third State Contracting in the application of this Convention, shall be granted at the request of the State in which the person is detained. The State of transit may require to be supplied with any appropriate document before taking a decision on the request. The person being transferred shall remain in custody in the territory of the State of transit, unless the State from which he is being transferred requests his release. 2. Except in cases where the transfer is requested under article 34 any Contracting State may: (a) the transit of refus on one of the grounds mentioned in article 6.b and c;  (b) on the ground that the person concerned is one of its own nationals. 3. If air transport is used, the following provision shall apply to: (a) when it is not intended to land, the State from which the person is to be transferred may notify the State over whose territory the flight is to be made that the person concerned is being transferred in application of this Convention. In the case of an unscheduled landing such notification shall have the effect of a request for provisional arrest as provided for in article 32, paragraph 2, and a formal request for transit shall be made;  (b) where it is intended to land, a formal request for transit shall be made. Article 14 the Contracting States shall not claim from each other the refund of any expense of the resulting from the application of this Convention.   Section 2: requests for enforcement of article 15 1. All requests specified in this Convention shall be made in writing. They, and all communications not cessary for the application of this Convention, shall be sent either by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State or, if the Contracting States so agree, direct by the authorities of the requesting State to those of the requested State; They shall be returned by the same channel. 2. In urgent cases, requests may be sent and communications through the International Criminal Police Organisation (Interpol). 3. Any Contracting State may, by declaration addressed to the Secretary General of the Council of Europe, give notice of it to the intention to other rules adop in regards to the communications referred to in paragraph 1 of this article. Article 16 the request for enforcement shall be accompanied by the original, or a certified copy of the decision whose enforcement is requested and all others not cessary documents. The original, or a certified copy of all or part of the criminal file shall be sent to the requested State, if it so requires. The competent authority of the requesting State shall certify the sanction enforceabl. Article 17 If the requested State consider that the information supplied by the requesting State is not adequat to enable it to apply this Convention, it shall ask for the additional information cessary. It may a prescrib date for the receipt of such information. Article 18 1. The authorities of the requested State shall promptly inform those of the requesting State of the action taken on the request for enforcement. 2. The authorities of the requested State shall, where appropriate, transmit it to those of the requesting State a document certifying that the sanction has been enforced. Article 19 1. Subject to paragraph 2 of this article, no translation of requests or of supporting documents shall be required. 2. Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, by declaration addressed to the Secretary General of the Council of Europe, reserve the right to require that requests and supporting documents be accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of those languages as it shall indicates. The other Contracting States may claim reciprocity. 3. This article shall be without prejudice to any provision concerning the translation of requests and supporting documents that may be led in agreements or arrangements now in force or that may be concluded between two or more Contracting States. Article 20 the evidence and documents transmitted in application of this Convention need not be authenticated.   Section 3 — a Judgment rendered in absentia and ordonnanc of pēnal of article 21 1. Unless otherwise provided for in this Convention, of a judgment enforcement rendered in absentia and the pēnal shall be of ordonnanc of the subject to the same rules as enforcement of other judgment. 2. Except as provided in paragraph 3, (a) a judgement in absentia for the purpose of this Convention means any judgement rendered by a court in a Contracting State after the criminal proceedings at the hearing of which the sentenced person was not personally present. 3. Without prejudice to articles 25, paragraph 2, 26, and 29, paragraph 2, the following shall be considered as a judgment rendered after a hearing of the accused: (a) any judgement in absentia and any Ordonnance pēnal of which have been confirmed or pronounced in the sentencing State after opposition by the person sentenced;  (b) any judgement rendered in absentia on appeal, provided that the appeal from the judgment of the Court of first instance was lodged by the person sentenced. Article 22 Any judgement rendered in absentia and any ordonnanc of pēnal of which have not yet been the subject of appeal or opposition may, as soon as they have been rendered, be transmitted to the requested State for the purpose of notification and with a view to their enforcement. Article 23 1. If the requested State sees fit to take action on the request to enforce a judgement rendered in absentia or an ordonnance pēnal, it shall cause the person sentenced to be notified personally of the decision rendered in the requesting State. 2. In the notification to the person sentenced information shall also be given: (a) that a request for enforcement has been presented in accordanc with this Convention;  (b) that the only remedy available is an opposition as provided for in article 24 of this Convention;  (c) that the opposition must be lodged with such authority as may be specified; that for the purpose of its admissibility the opposition is subject to the provision of article 24 of this Convention and that the person sentenced may ask to be heard by the authorities of the sentencing State;  (d) that, if from the opposition is lodged within the prescribed period, the judgement will, for the entire purpose of this Convention, be considered as having been rendered after a hearing of the accused. 3. A copy of the notification shall be sent promptly to the authority which requested enforcement. Article 24 1. After notice of the decision has been served in accordanc with article 23, the only remedy available to the person sentenced shall be an opposition. Such opposition shall be examined, as the person sentenced, choose either by the competent court in the requesting State or by that in the requested State. If the sentenced person from the express choice, the opposition shall be examined by the competent court in the requested State. 2. In the cases specified in the preceding paragraph, the opposition shall be admissibl if it is lodged with the competent authority of the requested State within a period of 30 days from the date on which the notice was served. This period shall be reckoned in accordanc with the relevant rules of the law of the requested State. The competent authority of that State shall promptly notify the authority which made the request for enforcement. Article 25 1. If the opposition is examined in the requesting State, the person sentenced shall be summoned to appear in that State at the new hearing of the case. Notice to appear shall be personally served not less than 21 days before the new hearing. This period may be reduced with the consent of the person sentenced. The new hearing shall be held before the Court which is competent in the requesting State and in accordanc with the procedure of that State. 2. If the person sentenced to appear personally or file is not represented in accordanc with the law of the requesting State, the Court shall declare the opposition null and void and shall be communicated its decision to the competent authority of the requested State. The same procedure shall be followed if the Court declare the opposition inadmissibl. In both cases, the judgement rendered in absentia or the ordonnance of pēnal shall, for the entire purpose of this Convention, be considered as having been rendered after a hearing of the accused. 3. If the sentenced person is personally or is represented in appear accordanc with the law of the requesting State and if the opposition is declared admissibl, the request for enforcement shall be considered as null and void. Article 26 1. If the opposition is examined in the requested State the person sentenced shall be summoned to appear in that State at the new hearing of the case. Notice to appear shall be personally served not less than 21 days before the new hearing. This period may be reduced with the consent of the person sentenced. The new hearing shall be held before the Court which is competent in the requested State and in accordanc with the procedure of that State. 2. If the person sentenced to appear personally or file is not represented in accordanc with the law of the requested State, the Court shall declare the opposition null and void. In that event, and if the Court declare the opposition inadmissibl, the judgement rendered in absentia or the ordonnance of pēnal shall, for the entire purpose of this Convention, be considered as having been rendered after a hearing of the accused. 3. If the sentenced person is personally or is represented in appear accordanc with the law of the requested State, and if the opposition is admissibl, the Act shall be tried as if it had been committed in that State. Preclusion of proceedings by reason of lapse of time shall, however, be examined of circumstanc in from. The judgement rendered in the requesting State shall be considered null and void. 4. Any step with a view to proceedings or a preliminary enquiry, taken in the sentencing State in accordanc with its law and regulations, shall have the same validity in the requested State as if it had been taken by the authorities of that State, provided that assimilation does not give such steps a greater evidential weight than they have in the requesting State. Article 27 For the purpose of lodging an opposition and for the purpose of the subsequent proceedings, the person sentenced in absentia or by an ordonnance shall be entitled to a pēnal legal assistance in the cases and on the conditions prescribed by the law of the requested State and, where appropriate, of the requesting State. Article 28 Any judicial decision is given in pursuanc of article 26, paragraph 3, and shall be governed enforcement thereof, solely by the law of the requested State. Article 29 If the person sentenced in absentia or by an ordonnance of pēnal lodges of the opposition, the decision shall, for the entire purpose of this Convention, be considered as having been rendered after the hearing of the accused. Article 30 National legislation shall be applicable to the in the matter of the reinstatemen if the sentenced person, for reasons beyond his control, failed to observe the time-limit laid down in articles 24, 25 and 26 or to appear personally at the hearing fixed for the new examination of the case.   Section 4 — Provisional measure of article 31 If the sentenced person is present in the requesting State after notification of the acceptance of its request for enforcement of a deprivation of liberty involving the line is received, that State may, if it is not in order deemas cessary to ensur enforcement, arrest him with a view to his transfer under the provision of article 43. Article 32 1. When the requesting State has requested enforcement , the requested State may arrest the person sentenced: (a) if, under the law of the requested State, the offenc is one which the remand in custody, and justif (b) if there is a danger of abscondenc or, in the case of a judgement rendered in absentia, a danger of secretion of evidence. 2. When the requesting State announces its intention to request enforcement, the requested State may, on application by the requesting State arrest the person sentenced, provided that requirements under (a) and (b) of the preceding paragraph are satisfied. The said application shall state the offenc» which led to the judgment and the time and place of its perpetration, and contain as accurate a description as possible of the person sentenced. It shall also contain a brief statement of the facts on which the judgement is based. Article 33 1. The person sentenced shall be held in custody in accordanc with the law of the requested State; the law of that State shall also determin the conditions on which he may be released. 2. The person in custody shall in any event be released: (a) after a period equal to the period of deprivation of liberty imposed in the judgement;  (b) if he was arrested in pursuanc of article 32, paragraph 2, and the requested State did not receive, within 18 days from the date of the arrest, the request together with the documents specified in article 16 article 34 1. (A) the person held in custody in the requested State in pursuanc of article 32 who is summoned to appear before the competent court in the requesting State in accordanc with article 25 as a result of the opposition he has lodged, shall be transferred for that purpose to the territory of the requesting State. 2. After transfer, the person shall not be the skipper said in custody by the requesting State if the condition set out in article 33, paragraph 2 (a), is met or if the requesting State does not request the enforcement of a further line. The person shall be promptly returned to the requested State unless he has been released. Article 35 1. (A) the person summoned before the competent court of the requesting State as a result of the opposition he has lodged shall not be proceeded against, sentenced or detained with a view to the carrying out of a detention order or line nor shall he for any other reason be restricted in his personal freedom for any act or which took place of the offenc prior to his departure from the territory of the requested State and which is not specified in the will unless he expressly summon consent in writing. In the case referred to in article 34, paragraph 1, (a) a copy of the statement of the consent shall be sent to the State from which he has been transferred. 2. The effects provided for in the preceding paragraph shall cease when the person summoned, having had the opportunity to do so, has not left the territory of the requesting State during 15 days after the date of the decision following the hearing for which he was summoned to appear or if he returns to that territory after leaving it without being summoned anew. Article 36 1. If the requesting State has requested enforcement of a confiscation of property, the requested State may provisionally seize the property in question, on condition that its own law provides for chicken pox vaccine and in respect of similar facts. 2. shall be carried out of the chicken pox vaccine and in accordanc with the law of the requested State which shall also determin the condition on which the chicken pox vaccine and a may be lifted.   Section 5 — enforcement of sanctions a — General Services article 37 (A) of the sanction imposed in the requesting State shall not be enforced in the requested State except by a decision of the Court of the requested State. Each Contracting State may, however, empower other authorities to take such a decision if the sanction to be enforced is only a fine or a confiscation and if these decision with an appeal to a Court of susceptibl. Article 38 the case shall be brough before the Court or the authority empowered under article 37 if the requested State sees fit to take action on the request for enforcement. Article 39 1. Before a court takes a decision upon a request for enforcement the sentenced person shall be given the the opportunity to state his views. Upon application he shall be heard by the Court either by letters rogatory or in person. A hearing in person must be granted following his express request to that effect. 2. The Court may, however, decide on the acceptance of the request for enforcement in the absence of a sentenced person requesting a personal hearing if he is in custody in the requesting State. In these decisions the of any sharp circumstanc the substitution of the sanction under article 44 shall be adjourned until, following his transfer to the requested State, the sentenced person has been given the opportunity to appear before the Court. Article 40 1. The Court, or, in the cases referred to in article 37, the authority empowered under the same article, which is dealing with the case shall: (a) satisfy itself that the sanction whose enforcement is requested was imposed in a European criminal judgment;  (b) that the requirements of article 4 are met;  (c) that the conditions put down in article 6.a is not fulfilled or should not preclud in enforcement;  (d) that enforcement is not precluded by article 7;  (e) that, in the case of a judgment rendered in absentia or the ordonnance pēnal UN the requirements of Section 3 of this part with me. 2. Each Contracting State may entrust to the Court or the authority empowered under article 37 the examination of other conditions of enforcement provided for in this Convention. Article 41 the judicial decision taken in the pursuanc of the present section with respect to the requested enforcement and those taken on appeal from a decision by the administrative authority referred to in article 37 shall be appealabl. Article 42 the requested State shall be bound by the finding as to the facts in so far as they are stated in the decision or in so far as it is impliedly based on them.   (b) relating specifically to enforcement of-Clauss of sanctions involving deprivation of liberty article 43 When the sentenced person is detained in the requesting State he shall, unless the law of that State provides otherwise, be transferred to the requested State as soon as the requesting State has been notified of the acceptance of the request for enforcement. Article 44 1. If the request for enforcement is accepted, the Court shall substitute for the sanction involving deprivation of liberty imposed in the requesting State a sanction prescribed by its own law for the same offenc. This sanction may, subject to the limitations laid down in paragraph 2, be of a nature or duration other than that imposed in the requesting State. If this latter sanction is less than the minimum which may be pronounced under the law of the requested State, the Court shall not be bound by that minimum and shall sanction the impost a òàæó the sanction imposed in the requesting State. 2. In determining the sanction, the Court shall not aggravat the penal situation of the person sentenced as it results from the decision delivered in the requesting State. 3. Any on of the sanction imposed in the requesting State and any term of provisional custody, served by the sentenced person subsequent to the line, shall be deducted in full. The same shall apply in respect of any period during which the person sentenced was remanded in custody in the requesting State before being sentenced in so far as the law of that State so requires. 4. Any Contracting State may, at any time, the deposit with the Secretary General of the Council of Europe a declaration which confer on it in pursuanc of the present Convention the right to enforce a sanction involving deprivation of liberty of the same nature as that imposed in the requesting State even if the duration of the sanctions exceeds 100, you the maximum provided for by its national law for a sanction of the same nature. Do not vertheles, this rule shall only be applied in cases where the national law of this State allows, in respect of the same offenc, for the imposition of a sanction of at least the same duration as that imposed in the requesting State but which is of a more sever in nature. The sanction imposed under this paragraph may, if its duration and purpose so require, be enforced in a penal establishment intended for the enforcement of sanctions of another nature.   (c) relating specifically to enforcement of-Clauss of fin and confiscation of article 45 1. If the request for enforcement of a fine or confiscation of a sum of money is accepted, the Court or the authority empowered under article 37 shall convert the amount thereof into the currency of the requested State at the rate of Exchange ruling at the time when the decision is taken. It shall fix the amount of the of the fine, or the sum to be confiscated, which shall not be vertheles note 12 the maximum sum fixed by its own law for the same or, failing such a offenc maximum, shall not exceeds 100 the maximum amount customarily imposed in the requested State in respect of a like offenc. 2. However, the Court or the authority empowered under article 37 may maintain up to the amount imposed in the requesting State the line of a fine or confiscation of a when such a sanction is not provided for by the law of the requested State for the same offenc, but this law allows for the imposition of more sanctions by the sever. The same shall apply if the sanction imposed in the requesting State to the maximum 12 let down in the law of the requested State for the same offenc, but this law allows for the imposition of more sanctions by the sever. 3. Any facility as to time of payment or payment by instalment, granted in the requesting State, shall be respected in the requested State. Article 46 1. When the request for enforcement concerns the confiscation of a specific object, the Court or the authority empowered under article 37 may order the confiscation of that object only in so far as such confiscation is authorised by the law of the requested State for the same offenc. 2. However, the Court or the authority empowered under article 37 may maintain the confiscation ordered in the requesting State when this sanction is not provided for in the law of the requested State for the same offenc bu this law allows for the imposition of more sanctions by the sever. Article 47 1. The proceed of fin and the confiscation shall be paid into the public funds of the requested State without prejudice to any rights of third parties. 2. Property confiscated which is of special interest may be remitted to the requesting State if it so requires. Article 48 If a fine cannot be exacted, a Court of the requested State may impost an alternative sanction involving deprivation of liberty in so far as the law of both States so provide in such cases unless the requesting State expressly limited its request to the exacting of the fine alone. If the court decide the impost of an alternative sanction involving deprivation of liberty, the following rules shall apply: (a) If conversion of a fine sanctions involving deprivation of into a liberty is already prescribed either in the line is pronounced in the requesting State or directly in the law of that State, the Court of the requested State shall determin the nature and length of such sanctions in accordanc with the rules let down by its own law. If the sanction involving deprivation of liberty already prescribed in the requesting State is less than the minimum which may be imposed under the law of the requested State, the Court shall not be bound by that minimum and impost a òàæó to the sanction prescribed sanctions in the requesting State. In determining the sanction the Court shall note aggravat the penal situation of the person sentenced as it results from the decision delivered in the requesting State.  (b) In all other cases the Court of the requested State shall convert the fine in accordanc with its own law, observing the limit prescribed by the law of the requesting State.   d — specifically relating to enforcement of the Clauss of disqualification article 49 1. Where a request for enforcement of a disqualification is made such disqualification imposed in the requesting State may be given effect in the requested State only if the law of the latter State allows for disqualification for the offenc in question. 2. The Court dealing with the case shall apprais the expediency of enforcing the disqualification in the territory of its own State. Article 50 1. If the court orders enforcement of the disqualification it shall determin the duration thereof within the limits prescribed by its own law, but may not limit 12 the let downs in the line is imposed in the requesting State. 2. The Court may order the disqualification to be enforced in respect of some only of the rights whose loss or suspension has been pronounced. Article 51 article 11 shall apply to note disqualification. Article 52 the requested State shall have the right to restore to the sentenced person the rights of which he has been deprived in accordanc with a decision taken in application of this section.   Part II International effects of European criminal judgment Section 1 — Ne bis in idem "article 53 1. (A) A person in respect of whom a European criminal judgement has been rendered may for the same Act not be prosecuted nor sentenced nor subjected ither the enforcement of a sanction in another Contracting State: a if he was acquitted;  (b) if the sanction imposed: (i) has been completely enforced or is being enforced, or (ii) has been wholly, or with respect to the part not enforced, the subject of a pardon or an amnesty, or (iii) can no longer be enforced because of the lapse of time;  (c) if the Court convicted the offender without imposing a sanction. 2. vertheles, a Contracting State shall not, unless it has itself requested the proceedings, be obliged to recognis the effect of ne bis in idem if the Act which gave rise to the judgement was directed against either a person or an institution or any thing having public status in that State, of if the subject of the judgement had himself a public status in that State. 3. Furthermore, any Contracting State where the Act was committed or considered as such according to the law of that State shall not be obliged to recognis the effect of ne bis in idem unless that State has itself requested the proceedings. Article 54 If new proceedings are instituted against a person who in another Contracting State has been sentenced for the same Act, then any period of deprivation of liberty arising from the a line shall be deducted from the enforced sanctions which may be imposed. Article 55 this section shall not prevent the application of wider domestic provision relating to it the effect of ne bis in idem attached to foreign criminal judgment.   Section 2 — Taking into considerations the article 56 Each Contracting State shall as though the legislat deemas appropriate to enable its courts when rendering a judgment to take into considerations any previous European criminal judgment rendered for another after the offenc a hearing of the accused with a view to attaching to this judgment all or some of the effects which it is their judgment of law attach rendered in its territory. It shall determin the conditions in which this judgment is taken into considerations. Article 57 Each Contracting State shall as appropriate be deemas legislat it to allow the taking into considerations of any European criminal judgement rendered after a hearing of the accused so as to enable the application of all or part of a disqualification attached by the judgment rendered by the its law in its territory. It shall determin the conditions in which this judgment is taken into considerations.   IV Final provision of article 58 1. This Convention shall be open to signature by the member States represented on the Committee of Minister of the Council of Europe. It shall be subject to ratification or acceptance. The instrument of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe. 2. The Convention shall enter into force three months after the date of the deposit of the third instrument of ratification or acceptance. 3. In respect of a signatory State ratifying or accepting subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification or acceptance. Article 59 1. After the entry into force of this Convention, the Committee of Minister of the Council of Europe may invite any non-member State to accede theret, provided that the resolution containing such invitation receive a unanimous in the agreement of the members of the Council who have ratified the Convention. 2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit. Article 60 1. Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, specify the territory or territories to which this Convention shall apply. 2. Any Contracting State may, when depositing its instrument of ratification, acceptance or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend this Convention to any other territory or territories specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. 3. Any declaration made in pursuanc of the preceding paragraph may, in respect of any territory mentioned in such declaration, be withdrawn according to the procedure let down in article 66 of this Convention. Article 61 1. Any Contracting State may, at the time of signature or when depositing its instrument of ratification, acceptance or accession, declare that it is itself of on or availa ... more of the reservations provided for in Appendix I to this Convention. 2. Any Contracting State may wholly or partly withdraw a reservation it has made in accordanc with the foregoing paragraph by means of a declaration addressed to the Secretary General of the Council of Europe which shall become effective as from the date of its receipt. 3. A Contracting State which has made a reservation in respect of any provision of this Convention may not claim the application of that provision by any other State; It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it. Article 62 1. Any Contracting State may at any time, by declaration addressed to the Secretary General of the Council of Europe, set out the legal provision to be included in the II or III Appendic to this Convention. 2. Any change of the national provision listed in II or III Appendic shall be notified to the Secretary General of the Council of Europe if such a change renders the information in these appendic-incorrect. 3. Any changes made in Appendic-II or III in application of the preceding paragraphs shall take effect in each Contracting State one month after the date of their notification by the Secretary General of the Council of Europe. Article 63 1. Each Contracting State shall, at the time of depositing its instrument of ratification, acceptance or accession, supply the Secretary General of the Council of Europe with relevant information on the sanctions applicable in that State and their enforcement, for the purpose of the application of this Convention. 2. Any subsequent change which render the information supplied in accordanc with the previous paragraph incorrect, shall also be notified to the Secretary General of the Council of Europe. Article 64 1. This lady not ither the Convention rights and the undertaking is derived from extradition and international convention of multilaterals treats concerning special matters, nor a provision concerning matters which the deal with in the present Convention and which led in the other existing convention between the Contracting States. 2. The Contracting States may not bilateral agreements the multilaterals conclud or with one another on the matters to deal with in this Convention, except in order to supplement its provision or facilitat application of the principles embodied in it. 3. Should two or more Contracting States, however, have already established their relations in this matter on the basis of uniform legislation or instituted, a special system of their own , or should they in future do so, they shall be entitled to a regulat those relations accordingly, notwithstanding the terms of this Convention. 4. the Contracting States ceasing to apply the terms of this Convention to their mutual relations in this matter shall notify the Secretary General of the Council of Europe to that effect. Article 65 the European Committee on crime problems of the Council of Europe shall be informed regarding the application to the skipper of this Convention and shall do whatever is not edful it a friendly settlement facilitat of any difficulty which may «arise out of its execution. Article 66 1. This Convention shall remain in force indefinitely. 2. Any Contracting State may, in so far as it is concerned, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 3. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. Article 67 the Secretary General of the Council of Europe shall notify the member States represented on the Committee of Minister of the Council, and any State that has acceded to this Convention of: a any signature;  b any deposit of an instrument of ratification, acceptance or accession;  (c) any date of entry into force of this Convention in accordanc with article 58 thereof;    (d) any declaration received in pursuanc of article 19, paragraph 2: e any declaration received in pursuanc of article 44, paragraph 4: (f) any declaration received in pursuanc of article 60: g any reservation made in pursuanc of the provision of article 61, paragraph 1, and the withdrawals of such reservations;  (h) any declaration received in pursuanc of article 62, paragraph 1, and any subsequent notification received in pursuanc of that article, paragraph 2;  (I) any information received in pursuanc of article 63, paragraph 1, and any subsequent notification received in pursuanc of that article, paragraph 2;  j any notification concerning the bilateral agreements concluded or multilaterals in pursuanc of article 64, paragraph 2, concerning uniform legislation introduced or in pursuanc of article 64, paragraph 3;  (k) any notification received in pursuanc of article 66, and the date on which denunciation takes effect. Article 68 of The Convention and the declarations and notifications authorised thereunder shall apply only to the enforcement of a decision rendered after the entry into force of the Convention between the Contracting States concerned. In witness whereof the undersigned, being duly authorised, have signed theret this Convention. Done at the Hague, this 28th day of May 1970, in English and French both texts being equally authoritativ in a single copy which shall remain deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to it each of the signatory and acceding States.

Each Contracting State may declare that it reserve the right to: (a) the enforcement of refus, if it consider that the line is it a programme or relate religious offenc; (b) the enforcement of a sanction refus for an act which according to the law of the requested State could have been deal with only by an administrative authority; (c) the enforcement of a European refus criminal judgement which the authorities of the requesting State rendered on a date when, under its own law, the criminal proceedings in respect of the offenc is punished by the judgement would have been precluded by the lapse of time; (d) the refus the enforcement of sanctions rendered in absentia and the pēnal or ordonnanc of one of these categories of decisions only; (e) the refus application of the provision of article 8 where this State has an original competence and it is in these cases recognis only the equivalenc of acts interrupting or suspending time limitations which have been accomplished in the requesting State; (f) to accept the application of part III in respect of one of its two sections only.

KRIMINĀLSPRIEDUM the European Convention on the international validity of the Hague, 1970.28. V preamble the Member States of the Council of Europe which have signed the document, taking into account the fact that the fight against crime, which is increasingly becoming an international problem, requires modern and effective techniques at the international level; Convinced of the need to implement a common criminal policy aimed at the protection of society; Conscious of the need to respect human dignity and to promote rehabilitation of criminals; Considering that the aim of the Council of Europe is to achieve greater unity among its Member States, have agreed as follows: part I definition article 1 for the purposes of this Convention: (a) "European kriminālspriedum" means any final decision of the Criminal Court of a Contracting State as a result of criminal proceedings;  (b) a "criminal offence" without the actions of defendants after the criminal laws and includes the activities that will, in accordance with Annex II to this Convention contains legal rules provided that, where those rules lead to an administrative authority, the person concerned must be given an opportunity to bring the case before a Court of law;  (c) "judgment" means any sanctions;  (d) "sanction" means any punishment or other measure which the European kriminālspriedum or pēnal is set in the ordonnance for a person for a criminal offence;  (e) "Disqualification" means any loss or rights of temporary withdrawal, or any prohibition or loss of legal capacity;  (f) "In absentia judgment" means any decision, which shall be deemed as such under article 21, second paragraph;  (g) "Ordonnance pēnal" means any decision given in another Contracting State and referred to in annex III to this Convention.   Part II of the implementation of the European kriminālspriedum Chapter 1 — General provisions (a), the General provisions for the execution of sanctions in article 2 this Part applies to: (a) the sanctions, which include deprivation of liberty;  (b) fines or confiscation;  (c) disqualification. 3. Article 1 of each of the Contracting States are entitled in cases and under conditions laid down in this Convention, to execute such other Contracting States accepted sanctions that are enforceable in the last of these countries. 2. this right may be exercised only at the request of the other Contracting State. 4. Article 1. Sanctions may not be enforced in another Contracting State, except where, in accordance with its laws, the transaction for which the sanction has been adopted, would be a criminal act if it had been carried out in the territory of the country, and the person against whom the sanction has been adopted, would be punishable, if this operation should be carried out there. 2. If the judgment relates to two or more offences, not all of which meet the requirements of the first subparagraph, a State in which the judgment is rendered, to specify which part of the penalties apply to those offences that meet these requirements. Article 5 the State that delivered the judgment, may request the other Contracting State to execute the sanctions only if there are one or more of the following provisions: (a) if the sentenced person normally residing in the other country;  (b) if the execution of penalties in the other country would increase the social rehabilitation of the convicted person;  (c) if in the case of the sanctions include imprisonment, those penalties could meet at any other sanctions, which include deprivation of liberty to which the sentenced person is or would be subjected in the other State;  (d) if the other country is the country of origin of the convicted person and has expressed readiness to take responsibility for enforcement of these sanctions;  (e) if it considers that it would not be able to execute the sanctions even if the person to be extradited, but that it could do that other State. Article 6, in accordance with the above rules require the implementation of penalties may not be refused totally or in part, except where: (a) the enforcement of penalties would be contrary to its national legal system the fundamental principles to which the request is made;  (b) the State to which the request is made, consider that the offence for which the sentence is handed down for political or purely military;  (c) the State to which the request is made, it is assumed that there are substantial grounds for believing that a judgment has been given in relation to racial, religious, national or political considerations or influence;  (d) enforcement of sanctions would be inconsistent with the international obligations of the State to which the request is made;  (e) the judicial proceedings have already been initiated in the country to which the request is made, or the country to which the request is made, has decided to initiate proceedings in respect of the same transaction;  (f) the State to which the request is made, the competent authorities have decided not to open or to terminate proceedings in respect of the same transaction;  (g) the transaction has been carried out outside the territory of the country where the request;  (h) the State to which the request is made, not able to execute the sanctions;  (I) the request is based on article 5 (e), and is not, no one else from the provisions of this paragraph;  (j) the State to which the request is made, believes that the country which made the request, the same ability to execute sanctions;  (k) the age of the convicted person of the crime at the time was such that the person could not be punished in the country to which the request is made;  (l) in accordance with the laws of the country to which the request is made, the penalty can no longer be met because of the limitation period;  m judgment include disqualification. Article 7 the request for enforcement of the sanctions is not sanctions need to be satisfied, if the enforcement would be contrary to the principles recognized in part III of this Convention 1.   (b) the enforcement of penalties-transfer effect of article 8 of this Convention, article 6, first paragraph, point (c) of annex I and mentioned in the disclaimer within the meaning of any action which interrupts or cancel any time limits set by the legal judgement by the competent national authorities, is regarded as having the same effect in relation to the time limit in the country to which the request is made, in accordance with the national laws and regulations. Article 9 1. If the person detained in the country where the request, and is passed to the State to which the request is made to comply with the sanctions, then against that person may not be transported, delivered the judgment, and it can not be arrested to comply with a judgment or order of detention for any other criminal offence that was committed before the person's detention, except for offences for which it has been declared enforceable judgment, just could not be limited to the person's freedom except in the following cases: (a) if the agreement with the State that surrendered the person. An application shall be made to the agreement, together with any documents related to the case and the convicted person of any claim in respect of that the Protocol offences. Consent is given, if the criminal offence for which it is requested, the issue would also be in accordance with its national laws and regulations, which require the enforcement of the sentence, or if the issue can be implemented only in the amount of the fine;  (b) if the sentenced person should be given the opportunity to leave the territory to which it would not have passed it made 45 days after the last release, or should be returned to that territory after leaving it. 2. However, the State has requested enforcement, may take all necessary measures to remove that person from their territory, or any measures in accordance with laws and regulations, including the judgment, in order to avoid any legal consequences that could lead to a period of limitation. Article 10 penalties 1 is carried out in accordance with the country to which the request is made, laws, and only in this country is competent to take all appropriate decisions, including those relating to conditional sentences. 2. only the State which makes a request, is entitled to take a decision in respect of any application for a review of the judgment. 3. any of the countries can implement an amnesty or pardon. Article 11 1. If the country that issued the verdict, has requested its execution, this country can no longer initiate the enforcement of which is the subject of this request. However, the country which issued the verdict, you can initiate the execution of sanctions, which provides for the deprivation of liberty, if the convicted person at the time of submission of the application is already detained within the territory of the country. 2. the sanctions enforcement rights returns to the State that made the request: (a) if it references a request before the State to which the request is made, it is informed of its intention to take the requested action;  (b) where the State to which the request is made, the notice of refusal to perform the requested operations;  (c) where the State to which the request is made, distinctly renounces sanctions enforcement rights. Such a waiver is possible only if it agrees with both of the countries concerned, or if the execution of the penalties in the country to which the request is made, it is no longer possible. In the latter case, the waiver required by the State, which expresses the demand, considered to be indispensable. 12. Article 1 of the State to which the request is made, the competent authorities to stop enforcement of the sentence as soon as they become aware of any pardon, amnesty or an application for a review of the judgment, or any other decision, according to which the sanction ceases to be enforceable. The same applies to the recovery of the fine if the sentenced person has already paid it to the competent authority of the country where the request. 2. as a country which is expressed, without delay, notify the country in which the request is made, any decision on their territory or carry out procedural actions as a result of which the sanction ceases to be enforceable in accordance with the previous subparagraph.   c — miscellaneous provisions article 13 1. Detained persons, through a transfer of the territory of a Contracting State, so that, pursuant to this Convention, bring that person to a third State should be permitted to request the State in which the person is detained. A country of transit, before a decision on the request, may request any relevant documents. The transferring Party remains a country of transit authorities arrest, unless the country from which the person is transferred shall not require the person's release. 2. except where transit is requested pursuant to article 34, any Contracting State may refuse transit: (a) by one of the 6 (b) and (c) the reasons;  (b) if the person concerned is a national of that State. 3. If the conveyance is used for air transport, the following shall apply: (a) if there are no rules for landing, then the country from which the person is transferred may notify the State over whose territory the flight, provided that the person concerned is to be transferred in accordance with this Convention. In the case of unexpected landing such notification request prior arrest force in accordance with the second paragraph of article 32, and must submit a formal request for transit;  (b) if it is intended to be submitted to the official landing, the transit request. Article 14 the Contracting States undertake not to require to pay any costs arising from the application of this Convention.   Chapter 2: enforcement of sanctions requests article 15 this Convention 1. all requests must be submitted in writing. All of them, as well as for the application of this Convention the necessary lists, send either the Ministry of Justice of the State, which expresses the demand of the country, the Ministry of Justice, to which the request is made, or, if the Contracting States concerned are agreed by the country, the competent authorities, which shall request the State of the competent authorities to which the request is made; the answer to the request should be provided through the same channel. 2. in urgent cases, requests and correspondence can be sent to the International Criminal Police Organization (Interpol). 3. Each of the Contracting States, shall provide a corresponding declaration to the Secretary-General of the Council of Europe, may announce their intention to adopt other provisions concerning requests and list referred to in the first paragraph of this article. Article 16 a request for enforcement of a judgment must be accompanied by the original or a certified copy of that execution is required, as well as all other necessary documents. If the State to which the request is made, it requires, then it must send all or part of a criminal or a certified copy of the original. The State shall request the competent authority declares executable sanctions. Article 17 if the country to which the request is made, it is considered that the country which made the request, the information provided is not sufficient to be able to apply this Convention, it shall request the necessary supplementary information. It may set a time limit within which such information to be provided. 1. Article 18 of the State to which the request is made, the competent authorities shall immediately notify the State concerned, which made the request to the authorities for their actions taken in response to the request for enforcement of the sentence. 2. The country to which the request is made, the competent authorities may if necessary, sends the State concerned, which made the request, the authorities in the enforcement of the appropriate supporting documents. 19. Article 1. subject to the provisions of the second subparagraph, shall not be required in the request or supporting document translation. 2. Any of the Contracting States, by signing or submitting its instrument of ratification, acceptance or accession, with the European Council Declaration addressed to the Secretary General may retain the right to require that requests and supporting documents should be accompanied by a translation into the language, or in one of the languages of the Council of Europe, or any of the language of the country concerned. Other Contracting States may request reciprocal enforcement of this requirement. 3. This article shall not affect any provisions concerning translation of requests or supporting document, which would be currently in force, or further sealed agreements or mutual agreement documents between two or more Contracting States. Article 20 is not required to prove the application of this Convention within the evidence and documents to be authenticated.   Chapter 3 — Judgment given in absentia and ordonnanc of pēnal of article 21 1. Unless otherwise provided in the Convention, the judgment rendered in absentia and ordonnanc pēnal of discharge subject to the same rules as any other judgment. 2. except for the provisions of part three, in absentia rendered a judgment within the meaning of this Convention means any judgment given by a Court of a Contracting State in proceedings in criminal matters the sentenced person has not participated in person. 3. with the exception of the second paragraph of article 25, article 26 and the second paragraph of article 29, judgments, handed down after hearing the accused, will be treated as the following: (a) any judgment rendered in absentia and any Ordonnance pēnal, approved or given a judgment delivered by the State after the convicted person;  (b) any appeal in absentia rendered judgment, provided that the judgment of the Court of first instance convicted person lodge. Article 22 Any judgment rendered in absentia and any pēnal of ordonnanc, which is not under appeal and against which there is no appeal, immediately after delivery can be sent to the country to which the request is made to inform and it could run. Article 23 1. If the State to which the request is made, it is considered that it is ready to take action with respect to a request for a judgment rendered in absentia or the ordonnance pēnal executes, it personally notified to the convicted person for the verdict, issued by a country which is expressed in the request. 2. the convicted person in the communication should also provide the following information: (a) that the request for enforcement of the sentence is given in accordance with this Convention;  (b) that the only possible defense is the complaint in accordance with article 24 of this Convention;  (c) the complaint shall be submitted to the designated authority; to the complaint can be accepted, it must comply with article 24 of the Convention's requirements, and that the convicted person may ask to be heard by the authorities of the country that made the request;  (d) that, if the period indicated in the complaint will be submitted, then the judgment of all the meaning of this Convention will be considered, as handed down by the hearing of the accused. 3. a copy of the notice to be sent immediately to the authority that requested the implementation of the sanctions. 24. Article 1 thereof in accordance with article 23 of the delivered statement of judgment, the only defence available to a convicted person is complaining. Such complaints after the convicted person check the appearance either by the competent court in the country where the request or the country to which the request is made. If the sentenced person does not express its wish, then the complaint is heard by the competent court in the country to which the request is made. 2. The preceding paragraph be submitted in cases specified in the complaint is admissible if it is submitted to the competent authority in the country to which the request is made within 30 days after the date of delivery of the notice. This period is calculated in accordance with the laws of the country to which the request is made. The competent authority of that State shall immediately notify the authority that made the request for sanctions. Article 25 1. If the complaint is considered the country where the request, then the sentenced person is invited to come to this country to review. Notice of arrival must be delivered in person no later than 21 days prior to the new hearing. With the consent of the convicted person, this period may be shortened. The new case is a court that is competent for the country, which is expressed in the request and in accordance with the national procedure. 2. If the convicted person fails to appear or not represented in accordance with the laws of the country where the request for the Court to be rescinded and the complaint should be declared void, and this decision must be communicated to the competent national authority to which the request is made. The same procedure must be followed if the Court declares the complaint inadmissible. In both cases, the judgment that declared in absentia or the ordonnance pēnal all targets within the meaning of this Convention shall be considered as if it were declared after hearing the accused. 3. If the sentenced person enters or is represented in accordance with the laws of the country where the request, and if the complaint is declared admissible, the request for enforcement of the sentence is revoked and declared void. Article 26 1. If the complaint is considered the country to which the request is made, the sentenced person is invited to come to this country to review. Notice of arrival must be delivered in person no later than 21 days prior to the new hearing. With the consent of the convicted person, this period may be shortened. The new case is a court that is competent for the country to which the request is made, and in accordance with the national procedure. 2. If the convicted person fails to appear or not represented in accordance with the laws of the country to which the request is made, the Court is to be cancelled and the complaint should be declared void. In this case, and if the Court declares the complaint inadmissible, judgment, who handed down in absentia or the ordonnance pēnal all targets within the meaning of this Convention shall be considered as if it were declared after hearing the accused. 3. If the sentenced person enters or is represented in accordance with the laws of the country to which the request is made, and if the complaint is declared admissible, the transaction is considered as if it was made in this country. However, in no circumstances are not considered delayed things barred. The country, which made the request, handed down the judgment is void and declared void. 4. any measures in relation to the proceedings and previous investigations carried out in the country, which made the request in accordance with its laws and regulations, shall have the same force in the country to which the request is made, as if it had been taken by the authorities of that State, provided that any such assignment shall not assign these measures more probative value than what they would have been in the country that made the request. Article 27 in lodging a complaint and the further course of the proceedings in absentia or the ordonnance pēnal convicted person shall have the right to receive legal assistance in cases and under conditions as determined by the laws of the country to which the request is made, but also, where appropriate, the request expressed in national legislation. Article 28 any court decision, handed down in accordance with the third subparagraph of article 26 and the execution are subject only to the laws of the country to which the request is made. Article 29 If a person convicted in absentia or the ordonnance pēnal without complaint, then the judgment of all the meaning of this Convention shall be considered as if it were declared after hearing the accused. Article 30 If the sentenced person from myself as a result of circumstances not followed 24, 25 and 26 articles in the deadlines or not personally come to hearing repeating things, to restore the proceedings are applicable to the respective national laws.   Chapter 4 — Prevention article 31 If the sentenced person is in the country, which is, after the receipt of the notification of its acceptance of the request for sanctions, which include imprisonment, execution, then this country if it considers it necessary for the execution of sanctions, may arrest that person, to be transferred in accordance with the provisions of article 43. Article 32 1. If the country where the request, the requested sanctions enforcement, the country to which the request is made, you can arrest the person sentenced: (a) where, in accordance with the laws of the country to which the request is made, a criminal offence is one which justifies the detention, and (b) if the convicted person escapes exist, or if the judgement is handed down in absentia, hiding the evidence. 2. If a State which is expressed in the request, shall notify their intention to request enforcement of the sentence, the State to which the request is made, after the State of the request, the application can arrest the sentenced person provided that the preceding subparagraph (a) and (b) requirements. The said application shall specify the criminal offence for which the judgment is rendered, a criminal offence at the time and place, as well as the need to provide an accurate description of the convicted person. Also, the application must also provide a brief summary of the facts on which the judgment is based. 33. Article 1. The sentenced person in custody held in accordance with the laws of the country to which the request is made; This national law shall also determine the conditions under which that person could be released. 2. the Arrested person must be released in any case: (a) at the time, equal to the deprivation of liberty provided for in the judgment;  (b) if the person arrested in accordance with the second paragraph of article 32, and the State to which the request is made, 18 days after the date of the seizure request is received together with article 16 contains documents. 34. Article 1. A Person who, in accordance with article 32 of the detained in the country to which the request is made, and which, in accordance with article 25 invited to come to the competent court in the country where the request for the consideration of complaints submitted by this person, with the following objectives are to be transported to the territory of the State that made the request. 2. After the transfer of the person concerned not to be kept in custody in the State that made the request, if the article 33. condition referred to in subparagraph (a), or if the country which made the request, not require different enforcement. This person must immediately be returned to the country to which the request is made, unless it is exempted. 35. Article 1. If a person summoned to attend the hearing, the competent State are expressed in the request for the consideration of complaints submitted by this person, then this person can not be transported, delivered the judgment, and it can not be arrested to comply with a judgment or order of detention, nor otherwise cannot be limited to its personal freedom for any other criminal offence that was committed before the person's departure from the territory of the country to which the request is made, and who is not mentioned in the invitation of the summons, except when the person delivering it with your express written consent. In the case mentioned in the first subparagraph of article 34, such consent must be sent a copy of the certificate of the country of which that person is transferred. 2. the effect referred to in the preceding paragraph shall not preclude, if the person invited is given the chance, not left the territory of the State that made the request, within 15 days after the decision of the Court, to which he was invited, or if this person without repeating the invitation returns to that territory after leaving it. 36. Article 1. If the State that made the request has requested the confiscation of property, the country to which the request is made, you can pre-emptively seize the property, provided that the national law provides for the seizure of property in the case of similar facts. 2. the seizure of property is carried out in accordance with the laws of the country to which the request is made, and it also defines the conditions under which the property subject to the lien.   Chapter 5: the execution of penalties (a) a — general provisions article 37 Penalties, adopted country, which made the request, can not be implemented in the country to which the request is made otherwise than in the country to which the request is made, the decision of the Court. However, each of the Contracting States may authorise other authorities to take such a decision, if the penalty is to be executed just fine or confiscation, and if such decisions are open to appeal in court. Article 38 if the country to which the request is made, consider possible actions to be performed in accordance with a request for enforcement of the sentence, then the case must be submitted to the Court or in accordance with article 37 of the notified body accordingly. 39. Article 1. Before the Court takes a decision due to a request for enforcement of the sentence, the convicted person must be given the opportunity to express their views. After the application of the person shall be heard by the Court either by testimony, letters of request or on your own. At the express request of the person must be a personal hearing. 2. The Court may, however, decide to adopt sanctions enforcement request without a personal hearing requested the presence of the convicted person, if that person is in custody in the country, which made the request. In this case, in accordance with article 44 of the decision, which replaced the sanctions until after the transfer to a State to which the request is made, the sentenced person shall be given the opportunity to attend. Article 40 1.37 the Court or in the cases referred to in article in accordance with the same article, the notified body shall examine the case, make sure that: (a) the enforcement of the sanctions, which are required, are laid down in the European kriminālspriedum;  (b) has fulfilled the requirements of article 4;  (c) article 6 (a) shows the condition is not fulfilled or interfere with the implementation of sanctions;  (d) interfere with the enforcement of the provisions of article 7;  (e) in the event of a judgment rendered in absentia or the ordonnance is pēnal, this part are fulfilled the provisions of Chapter 3. 2. Each of the Contracting States may entrust to the Court or in accordance with article 37 of the notified body provided for in this Convention other sanctions enforcement. Article 41 of the Court judgment, handed down in accordance with the provisions of this chapter relating to the requested enforcement of, as well as those who have appealed from the referred to in article 37 administrative authorities decisions are open to appeal. 42. Article state that the request is made, the judgment of the Court is binding on the facts in so far as they are mentioned in the judgment, or, in so far as the judgment is justified based on them.   (b) provisions relating to the execution of sanctions, which include deprivation of liberty, article 43 If the sentenced person is detained in the country, which made the request, then this person, unless the national legislation provides otherwise, is to be transported to a country to which the request is made as soon as the State which made the request, is notified of the sanctions enforcement request. Article 44 1. If the sanctions enforcement request is accepted, the Court replaced the country that made the request, accepted the sanctions, which include deprivation of liberty, with the sanctions, which for the same criminal offence under the laws of the country to which the request is made. This penalty depending on the second part, the restrictions referred to by their type or duration may differ from the one adopted in the country, which made the request. If these sanctions are the last level of less than the minimum penalties that may be applied by laws or regulations of the country, which has expressed request, the Court is not bound by the minimum, and it should adopt the same penalties as its adopted country that made the request. 2. in determining the penalty, the Court cannot reinforce the convicted person punishment against the sanctions it imposed on the country, which made the request. 3. Fully deduct any portion of the penalties already committed in the country, which made the request, as well as any previous period of detention, which the sentenced person has suffered after the verdict. The same shall apply to any period prior to the sentenced person has spent in detention in the country, which made the request, in so far as the laws of this State. 4. Each of the Contracting States may at any time submit to the Secretary-General of the Council of Europe a declaration that this Convention, grant the right to perform the same kind of custodial penalties, embodying what is designed for the country, which made the request, even if these penalties exceeds the same State the statutory maximum penalties of the same kind. However, this provision is applicable only in cases where the national legislation for the same criminal offence to adopt at least the same duration of the sanctions adopted in the country, which made the request, but is stricter. In accordance with this part in the sanctions adopted, if required by its duration and purpose, can be executed a fine institution for other types of sanctions.   c — rules relating to fines and enforcement of confiscation article 45 1. If you have accepted the request for the fine or forfeiture of a sum of money, then the Court or in accordance with article 37 of the body changes the amount in the currency of the country to which the request is made to the exchange rate, which has been in force at the time of delivery of the judgment. Thus it captures the fine or confiscation of an amount which may not, however, exceed the maximum fine or forfeiture amount for the same criminal offence under the laws of that State, or, if this is not fixed, the maximum may not exceed the maximum amount of money that is usually ordered the country to which the request is made for a similar crime. 2. However, the Court, or in accordance with article 37, the notified body may maintain a claim for the amount of money an ordered country that made the request, even if the laws of the country to which the request is made, does not provide the following sanctions for the same criminal offence, but these laws allowed to use tougher sanctions. The same shall apply where the sanctions adopted in the country, which made the request, the amount of which exceeds the maximum for the same criminal offence defined in the laws of the country to which the request is made, but these laws allowed to use tougher sanctions. 3. Any chance of relief in respect of a time limit for payment or payment by instalments, which are provided in the country, which made the request, account should also be taken of the country to which the request is made. 46. Article 1. If the sanctions enforcement request applies to a specific object, then the Court or confiscation, in accordance with article 37, the notified body may overrule seize this object only to the extent to which extent such seizure for the same criminal offence permitted by its national laws, to which the request is made. 2. However, the Court, or in accordance with article 37, the notified body may maintain a claim for confiscation, which ordered country that made the request, even if the laws of the country to which the request is made, does not provide the following sanctions for the same criminal offence, but these laws allowed to use tougher sanctions. 47. Article 1. Revenues from fines or confiscation of the country paid public funds to which the request is made, without prejudice to any third-party claims. 2. the Seized estate, on which there is a special interest may be returned to the State that made the request, if it so requests. 48. article if it is not possible to charge the amount of the fine, the Court of the State to which the request is made, may adopt alternative sanctions, which include deprivation of liberty, to the extent permitted in such cases both in national laws, except when the State expressed its request are expressed in its request only limited by the amount of the fine. If the Court takes a decision on the adoption of alternative sanctions, which include deprivation of liberty, then the effect is as follows: (a) if the provisions of the replacement of the fine with the sanctions, which include deprivation of liberty, provide either country, which made the request, handed down the judgment, or directly to the laws of that State, then the Court of the State to which the request is made, the following penalties and duration in accordance with its laws and regulations. If the sanctions, which include deprivation of liberty, and which is already accepted by the State which made the request, is less than the minimum penalty, which may be granted by the laws of the country to which the request is made, the Court is not bound by the minimum, and it should adopt the same penalties as its adopted country that made the request. In determining the penalty, the Court cannot increase a convicted person punishment against the sanctions it imposed on the country, which made the request.  (b) in all other cases, the Court to which the request is made, replaced the fine with other sanctions, consistent with their laws, regulations, subject to the restrictions under its national law, that made the request.   d — rules relating specifically to enforcement of disqualification article 49 1. in cases where the request is made for the discharge of the disqualified, then following the disqualification of the country which made the request, you can run the country to which the request is made, only when the latter State laws permit the disqualification of the relevant offences. 2. The court hearing the case, assess the effectiveness of enforcement of a disqualification in their country. Article 50 1. If the Court ordered the disqualification, it determines its duration in accordance with their national legislation, but does not exceed the limits laid down in the judgment handed down in the country, which made the request. 2. The Court may require that the disqualification is performed only for some of them the right whose loss or temporary removal is ordered. 51. article on the disqualification does not extend to article 11. 52. Article state that the request is made, is to restore the rights of the person convicted which it subtracted in accordance with the judgment, which rendered the application of the provisions of this chapter.   Part III of the European kriminālspriedum international expressions Chapter 1 — Ne bis in idem, article 53 1. Person in respect of whom has been declared the European kriminālspriedum, the same can not tyrannize, Doom or be subject to any sanctions enforcement in another Contracting State: (a) if that person is eligible;  (b) if the sentenced sanction: i have completely fulfilled or are fulfilled;  (ii) wholly or in respect of its outstanding part is subject to amnesty or pardon, or (iii) can no longer be met because of the limitation period;  (c) where the Court has imposed a fine, for not declaring the judgment. 2. However, none of the Contracting States, except where the same is required by legal process, shall not be obliged to recognise the ne bis in idem judgment of the situation, if the underlying action was directed against any person, institution or other objects, which in this country is a public status, or if the subject of the judgment in this country's public status. 3. In addition to any of the Contracting States where the relevant action has been carried out or recognized as such in accordance with the laws of that State, shall not be obliged to recognise the ne bis in idem position except when it is requested by the Court. Article 54 if a new trial is being launched against the person for the same Act has been convicted in another country, then any resulting judgment, if the executable of the custodial period is deductible from the penalties to be awarded. 55. Article This chapter is without prejudice to national rules for the same application, relating to the situation of the ne bis in idem, which is determined in other countries declared in kriminālspriedum.   Chapter 2 — taking into account article 56. Each of the Contracting countries may, in their sole discretion, laws may provide that the courts, declaring the verdict is allowed to take into consideration any previous European kriminālspriedum that after hearing the accused declared to another criminal offence to wholly or partially assign this decision the consequences of this national law provide for judgments given within its territory. It lays down the conditions under which this judgment is valid. Article 57 Each of the contracting countries may, in its sole discretion may allow the legislation to take into consideration any previous European kriminālspriedum, handed down after hearing the accused to fully or partially implement the disqualification, the law allows you to apply to your area convictions. It shall determine the conditions under which this judgment is valid.   Part IV final provisions article 58 1. This Convention shall be open for signature by the Member States, which are represented in the Committee of Ministers of the Council of Europe. It can ratify or accept. Instruments of ratification or acceptance of the instrument must be submitted to the Secretary-General of the Council of Europe. 2. this Convention shall enter into force three months after the third instrument of ratification or instrument of acceptance. 3. in respect of a signatory State which ratified or adopted this Convention at a later date, this Convention shall enter into force three months after its instrument of ratification or acceptance. 59. Article 1. After the entry into force of this Convention, the European Council, the Council of Ministers may invite any State not a member of the Council of Europe to accede to this Convention, provided that such an invitation is adopted in accordance with the unanimous agreement of the Member States of the Council, which have ratified this Convention. 2. Such accession is being made by the Secretary-General of the Council of Europe instruments of accession, which shall take effect three months after its filing date. Article 60 1. Any Contracting State may, when signing the Convention or submit their instruments of ratification, acceptance or accession, specify the territory or territories to which this Convention applies. 2. Any Contracting State may, by submitting its instrument of ratification, acceptance or accession, or subsequent time with a corresponding declaration to the Secretary-General of the Council of Europe can expand the zone of influence of this Convention to any other territory specified in the Declaration or the territories for whose international relations it is responsible or on whose behalf it is authorized to act. 3. Any declaration made under the preceding paragraph shall, in respect of any territory mentioned in such declaration, be withdrawn according to the Convention the provisions of article 66. 61. Article 1. Any Contracting State at the date of signature of this Convention or to submit the instruments of ratification, acceptance or accession, declare that it is expressed in one or more of the reservations provided for in annex I to this Convention. 2. any Contracting State having himself left the retreat facilities in accordance with the preceding paragraph, may be totally or partially withdraw it by sending the appropriate declaration addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the date of its receipt by the Secretary General. 3. Any Contracting State which has itself left a derogation in respect of any of the provisions of this Convention, may not require the provision of any other party; However, if these rights are part of the resignation, or dependent on any conditions, it may require the provision to the extent it has adopted it. 62. Article 1. Any Contracting State may at any time by sending the corresponding declaration to the Secretary-General of the Council of Europe, may be declared legal provisions to be included in this Annex II or III to the Convention. 2. For any of the Convention listed in annex II or III of the national legislative changes must be reported to the Secretary-General of the Council of Europe if such changes make the information wrong in those annexes. 3. Any changes made to these annexes II or III to the Convention, the application of the preceding paragraph, each of the Contracting States shall enter into force one month after notification of the change to the Secretary-General of the Council of Europe. 63. Article 1. Each of the Contracting States, by submitting its instrument of ratification, acceptance or accession, this Convention, for purposes of the application of the Secretary-General of the Council of Europe provides relevant information about this country pielietojamaj penalties and their enforcement. 2. the Secretary-General of the Council of Europe Also must report on any later changes that make the wrong information provided in the previous paragraph. 64. Article 1 this Convention shall not affect the rights and obligations under extradition treaties, and international multilateral conventions concerning special matters, nor between other Contracting States concluded the existing Convention provisions relating to this Convention affected issues. 2. The Contracting States may conclude between themselves bilateral or multilateral agreements for the purposes of this Convention the affected questions except with the aim of supporting its provisions or facilitate the implementation of the principles contained therein. 3. However, if two or more Contracting States already have such established their relations on the basis of uniform legislation or formed its special system, or do it in the future, they have the right to regulate these relationships without taking into account the provisions of this Convention. 4. The Contracting States shall, in their mutual relations, stop using the provisions of this Convention with regard to these questions, notify the Secretary-General of the Council of Europe. 65. article on the application of this Convention, shall inform the Council of Europe's European Commission of crime issues, which will do all the necessary to facilitate all difficulties arising from the execution of a favourable resolution. 66. Article 1, this Convention is in force for an unlimited period of time. 2. Any Contracting State may, as far as their interests, may withdraw from this Convention by sending a relevant notice, addressed to the Secretary-General of the Council of Europe. 3. Such withdrawal shall take effect six months after receipt by the Secretary-General of such notification. 67. Article the Secretary General of the Council of Europe shall notify the Committee of Ministers of the Council of Member States and represented in any country which acceded to this Convention of: a any signature of the Convention;  (b) any instrument of ratification, acceptance or accession;  (c) any date when this Convention enters into force in accordance with article 58 thereof;  (d) any declaration received in accordance with the second subparagraph of article 19;  (e) any declaration received in accordance with the fourth paragraph of article 44;  (f) any declaration received in accordance with article 60;  (g) any derogation that leave in accordance with the first paragraph of article 61, as well as the abandonment of such derogation;  (h) any declaration received pursuant to article 62, the first paragraph and any subsequent notification received in accordance with the second subparagraph of the same article;  (I) any information received in accordance with the first subparagraph of article 63, and any subsequent notification received in accordance with the second subparagraph of the same article;  j any notification with respect to bilateral or multilateral agreements concluded in accordance with the second subparagraph of article 64, or for the introduction of uniform laws in accordance with the third subparagraph of article 64;  (k) any notification received in accordance with article 66, and the date on which such withdrawal takes effect. Article 68 of the Convention and in accordance with the declarations and statements only apply to the enforcement of judgments, which were handed down after the entry into force of this Convention between the Contracting States concerned. Acknowledging this, the undersigned, who are then officially authorized, have signed this Convention. Signed in the Hague on 28 May 1970 in the English and French languages, both texts are equally authentic, in one original, which will be stored in the archives of the Council of Europe. The Secretary General of the Council of Europe will send certified copies to each Member State of the Council of Europe and the countries that will be invited to accede to this Convention.

Annex I to each of the Contracting States may declare that it reserves the right: (a) refuse, in respect of the execution of the judgment, if it considers that the judgment is applicable for financial or religious offences; (b) to waive sanctions for the enforcement action, in accordance with the laws of the country to which the request is made, to examine only the administrative authority; (c) to withdraw from the execution of the European kriminālspriedum that the national authority which made the request, declared the date when, in accordance with the laws of that State, a criminal a criminal offence, who fined the judgment was suspended because of the limitation period; (d) refuse to execute the sanctions adopted in absentia and the pēnal or ordonnanc only one of the following categories of judgment; (e) refuse to apply the provisions of article 8, where that State has jurisdiction, and in such cases only to admit the action that stops or equivalent time limits, which were completed in the country that made the request; (f) to recognize the application of part III in respect of only one of its two sections.