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Article 3 Conditions for Transfer

Article 3
Conditions for Transfer

 

1. A sentenced person may be transferred under this Treaty only on the following conditions:

a) the sentenced person is a national of Receiving Party;

b) the judgement is final, and no other legal proceeding relating to the offence or any other offence committed by the sentenced person are pending in the Transferring Party;

c) at the time of receipt of request for transfer, the part of sentence to be served by the sentenced person is not less than one year. In exceptional cases, the Parties may agree on transfer if the remaining term of sentence is less than that specified above;

d) there is written consent by the sentenced person for his/her transfer for execution of sentence in the territory of the Receiving Party, and in case of his/her inability to freely express his/her will due to age, physical or mental condition a written consent by his/her legal representative. The Transferring Party shall provide a consular officer or any other official of the Receiving Party with an opportunity to verify that the consent for transfer or rejection thereof was given voluntary and with understanding of legal consequences of such transfer;

e) the crimes, for which the sentence was imposed, are punishable by deprivation of liberty according to criminal laws of the Receiving Party;

f) Transferring Party and Receiving Party have clearly given their consent for transfer;

g) the transfer of the person does not impair sovereignty, security, public order or other essential interests of a Party.

2. The transfer shall be rejected if:

a) the sentenced person has not fulfilled any financial obligations arising from a court judgement, or if, in the opinion of Transferring Party, the guarantees of fulfillment of such obligations are insufficient;

b) the sentence cannot be executed in the Receiving Party due to expiration of limitation period or due to other reasons stipulated in the laws of such State.