The convention on transfer of convicts to imprisonment for further serving sentence
of March 6, 1998
The State Parties of the Commonwealth of Independent States which are referred to as further with Contracting Parties
proceeding from the principle of the state sovereignty,
wishing to develop the developed relations of mutual respect and cooperation,
considering that serving condemned punishments in the state which citizens they are, and the persons without citizenship who are constantly living in its territory promotes more effective goal achievement of execution of the punishment,
being guided by the principle of humanity,
agreed as follows:
For goal achievement of this Convention stated below terms mean:
a) "State of adjudgement" - The contracting Party which court pronounces sentence about condemnation of person to custodial sanction;
b) "State of execution of sentence" - The contracting Party which is given for serving sentence person condemned to imprisonment;
c) "competent authority" - state body which according to the national legal system and this Convention makes decisions on transfer of convicts to imprisonment for further serving sentence;
d) "convict" - person condemned by court of one of Contracting Parties for crime execution to custodial sanction;
e) "close relatives" - persons consisting in relationship according to the existing national legal system of Contracting Parties.
Citizens of each of Contracting Parties, and also the persons without citizenship who are constantly living on its territories condemned to imprisonment in other Contracting Party can be given according to provisions of this Convention for serving sentence to the Contracting Party which citizens they are or in the territory of which constantly live (if are stateless persons).
Shall be in writing notified on condemnation of person and its location respectively by the court and body performing punishment, diplomatic representations or consular establishments of the Contracting Party which citizen the convict is or in the territory of which constantly lives (if is stateless person), and also his close relatives, the legal representative and the lawyer for realization of their rights to the address with the petition for transfer.
The request for transfer of the convict can proceed both from the State of adjudgement, and from the State of execution of sentence.
With the petition for transfer of the convict the convict, his close relatives, the legal representative and the lawyer has the right to address to competent authority of Contracting Parties.
The competent authority of the Contracting Party in 40-day time reports about the made decision in writing addressed with the petition for transfer. The decision on refusal in transfer shall be motivated.
About possibility of transfer and its legal effects to the convict or his legal representative it shall be in writing explained by officials of the central or territorial authorities of management of criminal executive system of the State of adjudgement.
Transfer of the convict to imprisonment can be performed in the presence of the following conditions:
the court verdict about condemnation of person to imprisonment took legal effect;
there is petition for transfer from specified persons regarding the 2nd article 4 of this Convention;
there is written consent of the convict or if the convict owing to age, physical or mental condition cannot freely express the will, - the consent of his legal representative;
person is condemned for such acts which under the laws of the Contracting Parties performing reception-transmission are the crimes attracting custodial sanction;
at the time of receipt of request for transfer term of deprivation of freedom which is not left constitutes at least six months;
there is consent of the State of adjudgement and the State of execution of sentence on transfer and acceptance of the convict.
Transfer of the convict is not made if:
punishment cannot be performed in the territory of the State of execution of sentence owing to lapse of time or on other basis, stipulated by the legislation this state;
in the territory of the State of execution of sentence for committed act it was punished or was justified, or the case was dismissed, and is equal if person is exempted from punishment of this state by competent authority;
it can cause damage to interests of the State of adjudgement or the state which citizen is the convict.
Transfer of the convict it can be refused if damage caused by crime is not indemnified to them.
Concerning this Convention competent authorities of Contracting Parties communicate with each other directly.
Each Contracting Party within a month from the date of the introduction for it owing to the Convention reports to depositary the name of the competent authority.
For the purpose of transfer condemned competent authority of one Contracting Party for serving sentence addresses competent authority of other Contracting Party.
The request is constituted in writing and are applied to it:
information about the identity of the convict (surname, name, middle name, birth date and birth place);
data on nationality of the convict or his permanent residence;
the text of articles of the law from which it is visible that acts for which person is condemned to imprisonment are crime in the State of execution of sentence;
the written consent of the convict to its transfer for execution of sentence in the territory of the Contracting Party which citizen he is or in the territory of which has the permanent residence (if is stateless person), and in case of inability of the convict to free declaration of will - the consent of his legal representative.
The competent authority of the State of adjudgement, besides, applies certified to request:
copies of sentence and higher judicial authorities which are available in the matter of decisions, documents on the introduction of sentence in legal force;
the text of Articles of the penal statute based on which person is condemned;
the document on the left part of punishment and that part of punishment which is subject to further serving;
the document on execution of additional punishment if it was appointed;
data on the state of health and features of behavior of the convict;
data on damage and its compensation;
other documents if it considers necessary the State of adjudgement.
The request for transfer of the convict shall be certified by the signature and is sealed official competent authority.
Each of Contracting Parties can request the documents specified in Article 8, to the address with request for transfer or decision makings about consent to accept the convict.
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