Document ID: chunk:federal_register_of_legislation:F2002B00241:body:0:p2
Version: federal_register_of_legislation:F2002B00241
Segment Type: other
Provision Reference: 
Character Range: 2786–5471

be, or has been transferred;
 (b) "receiving State" means the Party to which the offender may be, or has been transferred;
 (c) "offender" means a person who is required to be detained in a prison, a hospital or any other institution in the transferring State by virtue of an order made by a court in the course of the exercise of its criminal jurisdiction, and also applies to an offender who has been released on parole;
 (d) "sentence" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time in the course of the exercise of its criminal jurisdiction.

ARTICLE 2
GENERAL PRINCIPLES

 A person sentenced in the territory of one Party may be transferred to the territory of the other Party in accordance with the provisions of this Agreement in order to serve the sentence imposed on him.

ARTICLE 3
SCOPE OF APPLICATION

 The application of this Agreement shall be subject to the following conditions, namely that:
 (a) the acts or omissions on account of which the sentence has been imposed constitute the essential elements of a criminal offence according to the law of the receiving State or would constitute such elements of a criminal offence if committed on its territory. This requirement may be waived in a particular case if both Parties agree and to the extent permitted by the domestic law of the transferring State;
 (b) the offender is a national of the receiving State;
 (c) the offender was not sentenced in respect of an offence under the law of Thailand:
 (i) against the internal or external security of the State;
 (ii) against the Monarch, his Consort or his sons or daughters; or
 (iii) against legislation protecting national art treasures;
 (d) the sentence imposed on the offender is one of imprisonment, confinement or any other form of deprivation of liberty in any institution:
 (i) for life;
 (ii) for an indeterminate period on account of mental incapacity; or
 (iii) for a fixed period of which at least one year remains to be served at the time of the request for transfer;
 (e) an offender may not be transferred unless he has served in the transferring State any minimum period of imprisonment, confinement or deprivation of liberty stipulated by the law of the transferring State;
 (f) the judgment is final and no further or other legal proceedings relating to the offence or               any other offence are pending in the transferring State;
 (g) the transferring and receiving States and the offender all agree to the transfer; provided that, where in view of his age or physical or mental condition either Party considers it necessary, the offender's consent may be given