Document ID: chunk:federal_register_of_legislation:F2008C00146:body:0:p5
Version: federal_register_of_legislation:F2008C00146
Segment Type: other
Provision Reference: 
Character Range: 10060–12805

1 The taking into charge of the sentenced person by the authorities of the administering State shall have the effect of suspending the enforcement of the sentence in the sentencing State.

 2 The sentencing State may no longer enforce the sentence if the administering State considers enforcement of the sentence to have been completed.

     Article 9 – Effect of transfer for administering State

 1 The competent authorities of the administering State shall:
 a continue the enforcement of the sentence immediately or through a court or administrative order, under the conditions set out in Article 10, or
 b convert the sentence, through a judicial or administrative procedure, into a decision of that State, thereby substituting for the sanction imposed in the sentencing State a sanction prescribed by the law of the administering State for the same offence, under the conditions set out in Article 11.

 2 The administering State, if requested, shall inform the sentencing State before the transfer of the sentenced person as to which of these procedures it will follow.

 3 The enforcement of the sentence shall be governed by the law of the administering State and that State alone shall be competent to take all appropriate decisions.

 4 Any State which, according to its national law, cannot avail itself of one of the procedures referred to in paragraph 1 to enforce measures imposed in the territory of another Party on persons who for reasons of mental condition have been held not criminally responsible for the commission of the offence, and which is prepared to receive such persons for further treatment may, by way of a declaration addressed to the Secretary General of the Council of Europe, indicate the procedures it will follow in such cases.
     Article 10 – Continued enforcement

 1 In the case of continued enforcement, the administering State shall be bound by the legal nature and duration of the sentence as determined by the sentencing State.

 2 If, however, this sentence is by its nature or duration incompatible with the law of the administering State, or its law so requires, that State may, by a court or administrative order, adapt the sanction to the punishment or measure prescribed by its own law for a similar offence. As to its nature, the punishment or measure shall, as far as possible, correspond with that imposed by the sentence to be enforced. It shall not aggravate, by its nature or duration, the sanction imposed in the sentencing State, nor exceed the maximum prescribed by the law of the administering State.

     Article 11 – Conversion of sentence

 1 In the case of conversion of sentence, the procedures provided for by the law of the administering State apply. When converting the