Decree of the Minister for Foreign Affairs No. 123 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the transfer of persons sentenced to prison for the execution of sentence in the State of which they are nationals
Valid
Effective from 25.09.1980
123
DECLARATION
Minister for Foreign Affairs
of 4 August 1980
on the Convention on the transfer of persons sentenced to prison sentences to the State of which they are nationals
On 19 May 1978, the Convention on the transfer of persons sentenced to prison for the execution of sentence in a State of which they are nationals was signed in Berlin. The Contracting Parties to the Convention are the Czechoslovak Socialist Republic, the People's Republic of Bulgaria, the Republic of Cuba, the People's Republic of Hungary, the People's Republic of Mongolia, the Democratic Republic of Germany, the People's Republic of Poland and the Union of Soviet Socialist Republics.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instrument of ratification was deposited on 27 June 1980 with the Government of the German Democratic Republic, the depositary of the Convention.
The Convention will enter into force for the Czechoslovak Socialist Republic on 25 September 1980 on the basis of Article 20 thereof.
The Czech translation of the text of the Convention is announced simultaneously.
First Deputy:
Ing. Book v. r.
CONVENTION
on the transfer of sentenced persons to prison for execution in a State of which they are nationals
Contracting States
led by the desire to further develop established relations of mutual trust and cooperation,
taking into account that the execution of the sentence in the State of which they are sentenced by public citizens would contribute to a more effective achievement of the objectives of rectification and reeducation of the perpetrators,
based on the principle of humanity,
agree on the following:
National citizens of each of the Contracting States who have been sentenced to prison in another Contracting State will be transferred, by mutual consent of those States, to the State of which they are nationals.
Citizenship of a convicted person shall be determined in accordance with the legal order of the Contracting States of this Convention. A State citizen of a Contracting State is a person who, under the laws of that State, has his citizenship.
The transfer of a sentenced person to the State of which he is a citizen may be effected after the judgment has become final.
A sentenced person who is sentenced to the State of which he is a national cannot be again prosecuted for the same offence except in the cases referred to in Article 15 of this Convention.
The surrender of a sentenced person in the manner provided for in this Convention shall not be effected if:
(a) the offence for which he has been convicted is not considered a criminal offence under the rule of law of the State whose national is a convicted citizen;
(b) the sentenced has already been executed in the State of which he is a citizen, or has been acquitted, or the criminal proceedings against him have been terminated, or the sentenced has been remitted by the competent authorities of that State;
(c) the sentence may not be enforced in a State whose national citizen is convicted as a result of limitation or for other reasons under the law of that State;
(d) the sentenced is domiciled in the territory of the State where the judgment was delivered;
(e) consent to the surrender of the sentenced has not been obtained under the conditions laid down in this Convention.
The surrender of a sentenced person shall be carried out on the basis of a request by the State whose court has delivered the judgment if the State whose national is a convicted citizen agrees to take the judgment in order to comply with the terms of this Convention.
A State whose national is a convicted State may request the State whose court has delivered a judgment to assess the possibilities of surrender of the sentenced.
The sentenced person and persons close to him may request the surrender of the sentenced person by the competent authorities of the State whose court has delivered the judgment or of the State whose national he is convicted. The defendant will be instructed to make such a request.
The competent authorities of the Contracting States shall meet directly on matters of this Convention.
Each Contracting State shall notify the depositary of the designation of its competent authority.
The competent authority of the State whose court has delivered the judgment shall submit a request to the competent authority of the State whose national citizen is convicted for the purpose of the surrender of the sentenced person.
The request must be made in writing. The application shall be accompanied by:
(a) certified copies of the judgment and judgments of the courts of the higher degree given in this case and evidence of the legal power of the judgment;
(b) proof of the part of the sentence which has been committed and the part of the sentence to be enforced in accordance with the law of the State of which the court has delivered its judgment;
(c) proof of the execution of the secondary sentence if it has been imposed;
(d) the text of the provisions of the criminal law on which the conviction is based;
(e) proof of nationality of the sentenced person;
(f) other documents which are necessary in the opinion of the authorities of the State whose court delivered the judgment;
(g) a certified translation of the application and the relevant documents.
The authorities of a State whose national is convicted may, if necessary, request further documents or information.
The competent authority of a State whose national is a convicted citizen shall inform the competent authority of the State whose court has delivered the judgment as soon as possible of its agreement to take over the sentenced person under the conditions laid down in this Convention or of failure to comply with the request.
The place, time and manner of transmission of the sentenced shall be determined by mutual agreement between the competent authorities of the participating States.
The sentenced person shall be punished on the basis of the judgment of the court of the State where he was sentenced.
The court of a State whose national is a convicted citizen, based on the judgment delivered, shall decide on its enforcement and determine, under the law of its State, the same measure of imprisonment as was imposed in the judgment.
If, under the rule of law of a State whose national citizen is convicted, the maximum prison sentence is lower than the sentence imposed by the judgment, the court shall impose the maximum sentence which may be imposed under the law of that State for such an offence.
In cases where, pursuant to the rule of law of a State whose national citizen is convicted, a custodial sentence may not be imposed for the offence committed, the court shall, in accordance with the law of its State, impose a penalty which is most consistent with the sentence imposed by the judgment.
Part of the sentence which the sentenced person has performed in the State whose court has delivered the judgment shall be counted against the duration of the sentence and, if the sentence has been imposed without imprisonment, account shall be taken of the sentence.
If the secondary sentence laid down in the judgment has not been enforced, it shall be imposed by the court of the State whose national citizen is convicted if such a penalty can be imposed under the law of that State. By-penalty shall be imposed in the manner laid down in this Article.
The sentenced person to be sentenced to a State of which he is a national shall be subject to the same legal consequences of the conviction as those who have been convicted in that State for the same offence.
The competent authority of the Contracting State to which the sentenced person has been sentenced shall inform the competent authority of the State whose court has delivered the judgment of the judgment of the court of enforcement pursuant to Article 10 of this Convention.
The execution of a sentence which the sentenced person has not performed before the time of the surrender and the remission of the sentence, in whole or in part, following the enforcement decision, shall be carried out in accordance with the law of the State to which the sentenced person has been transferred.
Grace is given to the sentenced person in the State to which the sentenced person has been sentenced.
Amnesty after transmission of the sentenced person shall be carried out in accordance with a decision on amnesty given in the State whose court delivered the judgment, as well as in a State whose national is a convicted citizen.
The review of the judgment in relation to the sentenced person who has been handed over to the State of which he is a national may be carried out only by the court of the State where the judgment was delivered.
If, after transmission of the sentenced person to the enforcement of the sentence, the judgment is amended in the State where the sentence was delivered, copies of the decision and other necessary documents shall be sent to the competent authority of the State to which the sentenced person was transferred. The court of that State shall decide the question of the enforcement of this decision in accordance with Article 10 of this Convention.
If, following the transmission of the sentenced person to enforcement, the judgment is revoked and the criminal proceedings are terminated in the State where the judgment was delivered, a copy of the decision and a certified translation thereof shall be sent without delay to the competent authority of the State to which the sentenced person was transferred for further action.
If, following the transfer of the sentenced person to enforcement, the judgment in the State where he was extradited is revoked and a new investigation or a new trial is to be carried out, a copy of the decision on that, as well as any other material necessary for further criminal proceedings, shall be sent to the competent authority of the State to which he has been sentenced for the purpose of deciding on his criminal liability under the law of that State.
Each Contracting State shall authorise transit through its territory of the sentenced who are transferred under this Convention to the third Contracting State. Such transit is permitted at the request of a State whose national citizen is convicted.
The costs associated with the surrender of the sentenced person incurred until the time of his surrender shall be borne by the Contracting States in which they were incurred. Other costs associated with the transfer of the sentenced person, including the cost of his transit, shall be borne by the State whose national is the sentenced.
Questions arising from the implementation of this Convention shall be dealt with by mutual agreement between the competent authorities of the Contracting States.
This Convention shall not affect the provisions of other international agreements to which the Contracting States are parties.
This Convention shall be ratified by the States which signed it. The instruments of ratification shall be handed over to the Government of the German Democratic Republic, which shall act as depositary of this Convention.
This Convention shall enter into force on the 90th day following the date on which the third instrument of ratification was transmitted to the depositary. For States whose instruments of ratification are to be handed over to the depositary for safekeeping after the entry into force of this Convention, the 90th day from the date of transmission of their instruments of ratification to the depositary for safekeeping.
This Convention shall apply for five years from the date of its entry into force. After this period, the Convention will be automatically extended for a further period of five years.
Any Contracting State of this Convention may terminate the Convention by notifying the depositary in writing at least 12 months before the expiry of the current five-year period.
Upon the entry into force of this Convention, other States may accede to it, with the consent of all Member States and other States, by passing on the instruments of access to the depositary. Access shall take effect 90 days from the date on which the depositary received the last notification of consent to access.
The depositary shall immediately inform all States that have signed the Convention and the States that have acceded to it of the date of surrender to the custody of each instrument of ratification or accession, of the date of entry into force of the Convention and of any information resulting from that Convention which it has received.
The depositary of this Convention shall take appropriate measures to register it with the United Nations in accordance with its Charter.
This Convention shall be transmitted to the depositary, which shall circulate the duly certified copies of the Convention to the States which have signed it and which have acceded to it.
Daned in Berlin on 19 May 1978 in one copy in Russian.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 123 / 1980 Coll., on the Convention on the Transfer of Prisoners to the Penalty in the State of which they are State Citizens |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.1980 |
|---|---|
| Effective from | 25.09.1980 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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