On the signing of the Agreement between the Republic of Kazakhstan and Romania on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated November 4, 2014 No. 941
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. Approve the attached project The Agreement between the Republic of Kazakhstan and Romania on the transfer of convicted persons.
2. Authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullaevich, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and Romania on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED
By Presidential Decree
Of the Republic of Kazakhstan dated November 4, 2014 No. 941
Project
Agreement between the Republic of Kazakhstan and Romania on the transfer of convicted persons
The Republic of Kazakhstan and Romania, hereinafter referred to as the "Parties", wishing to promote effective cooperation between both Sides in the field of transfer of convicted persons in order to facilitate their rehabilitation and social reintegration, believing that this goal can be achieved through the conclusion of a bilateral agreement establishing the possibility for convicted persons to serve their sentences in their public environment, also taking into account the provisions of other applicable international treaties,
We have agreed on the following:
Article 1 General provisions
1. The Parties, under the conditions set forth in this Agreement, undertake to mutually maximize cooperation in the field of transfer of convicted persons. 2. A convicted person in the territory of either Party may be transferred, in accordance with the provisions of this Treaty, to the territory of the other Party for the execution of a sentence that has entered into legal force. To this end, the convicted person or his legal representative may express his desire for transfer on the basis of this Agreement both in the Sentencing State and in the State of Execution of the sentence. The transfer may be requested by the Sentencing State or the State of Enforcement by virtue of its duties or as a result of a wish expressed in this regard by the convicted person.
Article 2 Definitions
For the purposes of this Treaty: (a) "convicted person" means any person, including minors, who is serving a custodial sentence in the territory of either Party; (b) "sentence" means any final judicial decision imposing a custodial sentence for the commission of a crime; (c) "Sentencing State" means The party where the sentence was passed against the person from where it can be transferred; (d) "State of enforcement" means a Party to whose territory a convicted person may be or has already been transferred for the execution of a custodial sentence; (e) "citizen" means, for the Republic of Kazakhstan, a citizen of Kazakhstan, and for Romania, a Romanian citizen or a person who has lawfully resided continuously for at least five years. (5) years old and retains the right of permanent residence in Romania.
Article 3 Central authorities
1. For the purposes of this Agreement, the Parties interact with each other directly through the central authorities. 2. The central bodies specified in paragraph 1 of this Article are: for the Republic of Kazakhstan - the Prosecutor General's Office; and for Romania - the Ministry of Justice. 3. In the event of a change in the said central authorities, each of the Parties shall inform each other about it in writing.
Article 4 Conditions of transfer
1. A convicted person may be transferred, in accordance with this Treaty, only if the following conditions are met: (a) the person is a national of the State of Enforcement; (b) the sentence is final and enforceable; (c) the convicted person is not a subject in any other court case in the Sentencing State; (d) at the time of the request for The remaining term of serving the sentence is not less than one (1) year. In exceptional cases, the Parties have the right to agree on the transfer even if the term of punishment to be served by the convicted person is less than that set out in this subparagraph; e) the convicted person or his legal representative, in the case when the convicted person cannot independently express his consent due to his age, physical or mental condition, gives consent (f) In accordance with the national laws of both Parties, the acts or omissions for which the person is convicted constitute an offence.; (g) The sentencing State and the State of Enforcement agree to the transfer of the convicted person. 2. If the convicted person is subject to deportation after serving his sentence, the consent specified in subparagraph (e) of paragraph 1 of this article is not required. 3. The consent established by subparagraph (e) paragraph 1 of this article may not be revoked.
Article 5 Transfer resolution
1. The decision of each of the Parties to accept or refuse the transfer in accordance with this Agreement is independent. 2. Any refusal to transfer must be motivated, and the grounds for refusal must be communicated to the other Party. 3. When deciding on a transfer request, each Party takes into account, among other things, the nature and severity of the crime, the circumstances in which it was committed, especially if it was committed by an organized criminal group, the possibility of rehabilitation and social reintegration, the age and state of health of the convicted person, his marital status, fulfillment of obligations regarding compensation. damage to the victims of the crime. 4. Transfer may be refused if: (a) the sentencing State considers that it may harm sovereignty, security and public order; or (b) the punishment under the national law of the State of enforcement is more severe or milder than that imposed in the Sentencing State; or (c) the convicted person has not compensated for the damage caused by his has not paid the expenses that it is obligated to reimburse in accordance with the verdict, and does not guarantee payment or compensation for damages, depending on the criminal case.; either (d) the person has been convicted of a serious crime that has caused a great negative response in the society of the Sentencing State; or (e) the person in the State of Enforcement has been sentenced for the same crime for which he was convicted in the Sentencing State, or he is the subject of ongoing criminal proceedings for the same crime.
Article 6 Obligation to inform and accompanying documents
1. Any convicted person to whom this Treaty may be applied must be informed by the sentencing State of the contents of this Treaty and of the legal consequences of the transfer. 2. If the Sentencing State agrees in principle to the request for the transfer of any convicted person, it shall inform the State of Enforcement thereof and send the following documents and information: (a) the last name, first name, date and place of birth of the convicted person; (b) the nature, duration and date of commencement of the sentence; (c) A description of the actions that led to the sentence; (d) Information about the term of the sentence already served, including any pre-trial detention, reduction of the term of the sentence, the length of work performed in custody and its impact on the term of the sentence, or any actions or relevant circumstances related to the execution of the sentence; (e) Certified a copy of the verdict and applicable legislation; (f) If necessary, any medical and/or social report on the convicted person, information on his treatment in the Sentencing State and recommendations for further treatment in the State of enforcement; (g) A statement containing the consent set out in subparagraph (e) paragraph 1 of Article 4, or in the case of application of paragraph 2 of Article 4 of this Treaty, the opinion of the convicted person on his transfer. 3. If the Executing State, after examining the documents sent by the Sentencing State, believes that, in principle, the transfer of the convicted person is possible, it sends the following documents and information to the sentencing State: a) confirmation that the convicted person is a citizen of the Executing State; b) the text of the law establishing responsibility for acts for which a person has been convicted. 4. When the executing State considers that the information and documents provided by the Sentencing State are insufficient, it may request additional information. 5. The transfer of a convicted person from the Sentencing State to the State of Execution of the sentence is carried out under escort at the border checkpoint of the Sentencing State. Personal belongings belonging to the convicted person are transferred to the competent authorities of the State of Execution of the sentence on the day of transfer, in accordance with the agreements reached. 6. The convicted person shall be informed in writing of any measures taken by the Sentencing State or the State of Enforcement regarding the application of this article, as well as of any decision taken by either Party regarding the request for his transfer.
Article 7conformity and verification
1. The sentencing State shall carry out the procedures in such a way that the person giving his consent to the transfer in accordance with subparagraph (e) paragraph 1 of Article 4 of this Treaty, did so voluntarily and with full awareness of the legal consequences that follow from this. The procedures prescribing this are regulated by the national legislation of the Sentencing State. 2. The sentencing State shall provide the consul or a diplomatic person of the executing State with the opportunity to verify that the application has been made in accordance with the conditions set out in paragraph 1 of this article.
Article 8The consequences of transfer for the Sentencing State
1. The reception of a convicted person by the authorities of the State of Execution of the sentence makes it possible to terminate the execution of the sentence in the Sentencing State. 2. The sentencing State may not continue to execute the sentence when the State of Enforcement considers the execution of the sentence completed.
Article 9The consequences of transfer for the State of execution of the sentence
1. The competent authorities of the State of execution of the sentence shall continue the execution of the sentence on the basis of a judicial decision. 2. The execution of the sentence is regulated by the national legislation of the Executing State, which is the only competent Party to establish the conditions for the execution of the sentence, including issues of parole. 3. When the punishment by its nature and duration does not comply with the national legislation of the State of enforcement of the sentence, it is replaced by a court decision by a punishment or measure provided for in its national legislation for the same crime. Such punishment or measure should correspond as much as possible to the nature of the punishment imposed in the Sentencing State. It should not increase the nature or duration of the punishment imposed in the Sentencing State, exceeding the maximum provided for by the national legislation of the State of enforcement. The sentencing State is informed of this. 4. A convicted person transferred on the basis of this Treaty may not be tried or convicted of the same crime in the State of Enforcement for which he was convicted in the Sentencing State.
Article 10 Pardon, amnesty, commutation of punishment
Each Party shall grant pardons, amnesties, or commutation of punishment in accordance with its national legislation.
Article 11 Review of the verdict
Only the sentencing State has the right to decide on any request for a review of the sentence.
Article 12 Suspension of execution
The executing State shall comply with any decision or measure taken by the Sentencing State, as a result of which the mandatory execution of the sentence is lifted.
Article 13 Information on execution
The executing State provides information to the Sentencing State regarding the execution of the sentence: (a) when it considers the execution of the sentence completed; or (b) if the convicted person escapes before the sentence is fully executed; or (c) if the Sentencing State requests such information.
Article 14 Languages and expenses
1. Any request, document or correspondence concerning the transfer of a convicted person shall be accompanied by an English translation. If the petition is filed by a convicted person, it may be written in the language he/she speaks. 2. The costs of the application of this Treaty shall be the responsibility of the State of Enforcement of the sentence, with the exception of those that arose exclusively on the territory of the Sentencing State.
Article 15 of the Consultation
The Parties may consult with each other on the settlement of individual cases and with a view to the effective application of this Agreement. Consultations are conducted directly between the central authorities of the Parties.
Article 16 Final provisions
1. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force. 2. This Agreement may be amended and supplemented by mutual agreement of the Parties, which are formalized by separate protocols that are an integral part of it and enter into force in accordance with the provisions specified in paragraph 1 of this article. 3. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt, through diplomatic channels, by one of the Parties of a written notification by the other Party of its intention to terminate this Agreement. 4. In the event of termination of this Agreement, the transfer arrangements that were initiated during its validity period remain in force until they are fully implemented. 5. This Treaty also applies to the enforcement of sentences imposed before its entry into force.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
COMMITTED in "__" _______ 20__ in two copies, each in Kazakh, Romanian and English, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the English text will prevail.
For the Republic of Kazakhstan For Romania
President
Republic of Kazakhstan
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