Article 6 Requests and Responses

Article 6
Requests and Responses

1. Requests for transfer and responses to them shall be made in writing and directed to the central authorities appointed in accordance with this Treaty.

2. The requested Party shall promptly inform the requesting Party on its decision to allow or reject the request for transfer.

3. After receipt of the motion for transfer, the central authority of the Transferring Party shall accompany the request addressed to the central authority of the Receiving Party with:

a) information about the sentenced person (surname, name (patronymic), date and place of birth);

b) documents indicating the nationality of the sentenced person and his/her permanent place of residence;

c) certified copies of the judgment and all relevant court decisions on the case and a document confirming that the judgment had become final;

d) the document indicating the part of sentence served and the part of sentence to be served, as, well as the document indicating behavior of the sentenced person while serving the sentence;

e) a document indicating execution of additional punishment, if any;

f) the text of provisions of the criminal law according to which the person was sentenced;

g) a written consent of the sentenced person or his/her legal representative in case of his/her inability to freely express his/her will due to age, physical or mental conditions for his/her transfer for execution of a sentence in the territory of the Receiving Party;

h) the document indicating financial obligations of the sentenced person under the judgment, if any;

i) information on the State of health of the sentenced person and on the possibility of his/her transportation to the territory of the Receiving Party.

4. After receipt of the motion for transfer, the central authority of the Receiving Party shall accompany the request addressed to the central authority of the Transferring Party with the documents mentioned in paragraph 3 points "a" and "b" of this Article.

5. The central authority of the Transferring Party shall accompany its response to the said request with the documents mentioned in paragraph 3 points from"c" to "i" of this Article.

6. If the request of the central authority of the Transferring Party is allowed, the central authority of the Receiving Party shall accompany its response with:

a) a written agreement for receipt of the sentenced person for execution of the remaining part of the sentence;

b) a certified copy of the decision of the court or other competent authority on acknowledgement and execution of sentence stating the order, the term and conditions of serving the sentence by the sentenced person after his/her transfer;

c) certified extracts from legislation on which the sentenced person will serve the sentence;

d) a document indicating the nationality of the sentenced person.

7. If necessary, the central authorities of the Parties may request any other additional documents or information.

8. Upon rendering the decision of consent or rejection to transfer the sentenced person by the court or other competent authority of the Transferring Party, the central authority of the Transferring Party after receipt of all necessary documents shall promptly inform the central authority of the Receiving Party of its consent or rejection to transfer the sentenced person subject to the terms and conditions of this Treaty.

9. Place, time and procedure of transfer shall promptly be determined by the competent authorities of the Parties.

<< Article 5 Obligation to Provide Information		>> Article 7 Expenses
	Treaty Between the Russian Federation and the Lao People's Democratic Republic on Transfer of Sentenced Persons (Moscow,...