Document ID: chunk:federal_register_of_legislation:F2009L04006:body:0:p5
Version: federal_register_of_legislation:F2009L04006
Segment Type: other
Provision Reference: 
Character Range: 11045–13961

prior to the transfer, that the sentenced person's consent to the transfer in accordance with Article 4(f) is given voluntarily and with full knowledge of the legal consequences thereof.

ARTICLE 7

RETENTION OF JURISDICTION

The transferring Party shall retain jurisdiction for the review, revision, modification, cancellation, pardon, amnesty or commutation of convictions and sentences imposed by its courts.

ARTICLE 8

CONTINUED ENFORCEMENT OF SENTENCE

    (1) The receiving Party shall enforce the sentence as imposed by the transferring Party.

    (2) Notwithstanding the requirements of Article 8(3), the continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the receiving Party.

    (3) If the sentence is by its nature or duration incompatible with the law of the receiving Party, the receiving Party may adapt the sentence in accordance with the sentence prescribed by its own law for a similar offence. When adapting the sentence, the appropriate authorities of the receiving Party shall be bound by the findings of fact, insofar as they appear from any opinion, conviction, judgment, or sentence imposed by the transferring Party. The adapted sentence shall be no more severe than that imposed by the transferring Party in terms of nature or duration.

    (4) The receiving Party may, if a sentenced person is a juvenile according to its law, treat the sentenced person as a juvenile regardless of their status under the law of the transferring Party.

    (5) The receiving Party shall modify or terminate enforcement of the sentence as soon as it is informed of any decision by the transferring Party in accordance with Article 7.

    (6) The Parties shall inform the sentenced person in writing of any action or decisions taken by the transferring Party or the receiving Party under paragraphs (2) to (5) of this Article.

ARTICLE 9

    INFORMATION ON ENFORCEMENT OF SENTENCE

The receiving Party shall provide information to the transferring Party concerning enforcement of the sentence:

    (a) if the sentenced person is granted conditional release;

    (b) when it considers enforcement of the sentence to have been completed;

    (c) if the sentenced person has escaped from custody, or if the sentenced person dies, before enforcement of the sentence has been completed;

    (d) if the transferring Party requests a report.

ARTICLE 10

TRANSIT OF SENTENCED PERSON

If either Party transfers a sentenced person to or from a place outside of its territory the other Party shall, subject to its domestic law, cooperate in facilitating the transit through its territory of such a sentenced person. The Party intending to make such a transfer shall give advance notice to the other Party of such transit.

ARTICLE 11

LANGUAGE

Requests for transfer and accompanying documents shall be accompanied by a translation into an