Article 3 Conditions for transfer

Geldend

Documentgegevens:

Geldend vanaf 01-07-1985

Redactionele toelichting: Gecorrigeerd via een rectificatie (Trb. 2014, 165).
Bronpublicatie:: 21-03-1983, Trb. 1983, 74 (uitgifte: 29-04-1983, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-07-1985
Bronpublicatie inwerkingtreding:: 21-10-1987, Trb. 1987, 163 (uitgifte: 01-01-1987, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Overdracht en overname strafvervolging
Internationaal publiekrecht / Verdragenrecht
Strafprocesrecht / Algemeen

1.

A sentenced person may be transferred under this Convention only on the following conditions:

a.: if that person is a national of the administering State;
b.: if the judgment is final;
c.: if, at the time of receipt of the request for transfer, the sentenced person still has at least six months of the sentence to serve or if the sentence is indeterminate;
d.: if the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental conditions one of the two States considers it necessary, by the sentenced person's legal representative;
e.: if the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the administering State or would constitute a criminal offence if committed on its territory; and
f.: if the sentencing and administering States agree to the transfer.

2.

In exceptional cases, Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1(c).

3.

Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, indicate that it intends to exclude the application of one of the procedures provided in Article 9 (1)(a) and (b) in its relations with other Parties.

4.

Any State may, at any time, by a declaration addressed to the Secretary General of the Council of Europe, define, as far as it is concerned, the term ‘national’ within the meaning of this Convention.