CONTRACT BETWEEN THE REPUBLIC OF BELARUS AND REPUBLIC OF MOLDOVA

of September 24, 2014

About transfer of persons condemned to imprisonment for further serving sentence

The Republic of Belarus and the Republic of Moldova which are referred to as further with Contracting Parties

proceeding from the principles of the state sovereignty, equality and mutual respect,

being guided by the conventional principles and rules of international law and wishing to develop interstate cooperation in the field of execution of punishments,

considering that serving condemned punishments in the state which citizens they are, promotes more effective goal achievement of execution of the punishment, return of convicts to life in society,

being guided by the principles of humanity and respect of human rights,

agreed as follows:

Article 1 Determination of Terms

For goal achievement of this Agreement stated below terms mean:

1. "state of adjudgement" – The contracting Party which court pronounces sentence about condemnation of person to custodial sanction;

2. "state of execution of sentence" – The contracting Party which is given for further serving sentence the person condemned to imprisonment, who is her citizen;

3. "convict" – person condemned by court of one of Contracting Parties for crime execution to custodial sanction;

4. "close relatives" – persons who are those according to the legislation of each of Contracting Parties;

5. "legal representatives" – persons recognized as those according to the procedure, established by the legislation of each of Contracting Parties;

6. "competent authorities" – the bodies of Contracting Parties performing the decision on transfer of convicts;

7. "the central bodies":

in the Republic of Belarus – the Prosecutor General's Office,

in the Republic of Moldova – the Ministry of Justice.

Article 2 General provisions

1. Contracting parties transfer according to this Agreement at the request of each other convicts who serve sentence in places of detention for making of crimes in the territory of the state of adjudgement and have nationality of other Contracting Party, for serving sentence in the state of execution of sentence.

2. The request about transfer of the convict can proceed both from the state of adjudgement, and from the state of execution of sentence.

Article 3 of the Basis for initiation of the procedure of transfer of the convict

Serves as the basis for initiation of the procedure of transfer of the convict to the Contracting Party which citizen he is the statement of this person, his close relatives, the legal representative or the lawyer sent to the central body of one of Contracting Parties.

Article 4 of the Condition of transfer of the convict

1. The convict can be transferred according to this Agreement if:

1) the convict is citizen of the state of execution of sentence;

2) the court verdict concerning the convict took legal effect;

3) at the time of receipt of request about transfer before the termination of term of serving sentence the convict had at least six months;

4) there is written consent of the convict, or in connection with its age, physical or mental condition interfering free declaration of will, the legal representative of the convict petitions for it;

5) act for which the sentence was pronounced is crime according to the legislation of the state of execution of sentence and attracts custodial sanction;

6) material, moral loss is indemnified and all other expenses connected with crime are paid;

7) the state of adjudgement and the state of execution of sentence agree to transfer of the convict.

2. Also its consequence in law shall be in writing explained to the convict, his close relatives or the legal representative who directed the statement for transfer according to Article 3 of this Agreement by officials of competent authorities of the state of adjudgement of condition of transfer.

3. In exceptional cases Contracting Parties can agree to transfer of the convict even if he needs to serve sentence less than six months and if the material and moral damage and other expenses caused by crime are compensated not in full.

Article 5 of the Basis for refusal in transfer of the convict

Transfer of the convict is not made if:

1) the conditions listed in Item 1 of Article 4 of this Agreement are not complied;

2) punishment cannot be performed in the state of execution of sentence owing to lapse of time or on other basis, stipulated by the legislation this state;

3) there are other reasonable reasons which are brought to the attention of other Contracting Party.

Article 6 Provision of Information

1. The central bodies and competent authorities of Contracting Parties explain and provide to convicts opportunity to file petition for transfer according to Article 3 of this Agreement.

2. The central bodies of Contracting Parties inform the convict on the course of consideration of question of its transfer.

3. The competent authority of the state of adjudgement in writing notifies diplomatic or consular establishment of the Contracting Party which citizen he is on transfer of the convict.

Article 7 Request about transfer of the convict and necessary documents

1. The request about transfer of the convict is drawn up in writing and goes the central bodies of Contracting Parties.

2. For consideration of question of transfer of the state of adjudgement condemned the central body sends to the central body of the state of execution of sentence:

1) the information about the identity of the convict (surname, name, middle name, birth date and birth place, personal code if is available);

2) the document confirming nationality of the convict;

3) the text of Articles of the penal statute based on which he is condemned;

4) the written application of the convict or in the cases provided in the subitem 4 of Item 1 of Article 4 of this Agreement, the legal representative about consent to transfer;

5) copies of sentence and all judicial authorities which are available in the matter of decisions, the document on the introduction of sentence in legal force;

6) the document on the left part of punishment and that part of punishment which is subject to further serving;

7) the document on execution of additional punishment if it was appointed;

8) the medical certificate about the state of health and data on features of behavior of the convict;

9) data on availability of material and moral damage, other expenses connected with crime, the size and procedure for their compensation;

10) copies of other documents enclosed by mutual consent of the central bodies of Contracting Parties.

3. For consideration of question of transfer of the state of execution of sentence condemned the central body sends to the central body of the state of adjudgement:

1) the information about the identity of the convict (surname, name, middle name, birth date and birth place, personal code if is available);

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