Document ID: chunk:federal_register_of_legislation:F2008C00146:body:0:p2
Version: federal_register_of_legislation:F2008C00146
Segment Type: other
Provision Reference: 
Character Range: 2606–5335

between its members;

Desirous of further developing international co‑operation in the field of criminal law;

Considering that such co‑operation should further the ends of justice and the social rehabilitation of sentenced persons;

Considering that these objectives require that foreigners who are deprived of their liberty as a result of their commission of a criminal offence should be given the opportunity to serve their sentences within their own society; and

Considering that this aim can best be achieved by having them transferred to their own countries,

Have agreed as follows:

     Article 1 – Definitions

For the purposes of this Convention:
 a "sentence" means any punishment or measure involving deprivation of liberty ordered by a court for a limited or unlimited period of time on account of a criminal offence;
 b "judgment" means a decision or order of a court imposing a sentence;
 c "sentencing State" means the State in which the sentence was imposed on the person who may be, or has been, transferred;
 d "administering State" means the State to which the sentenced person may be, or has been, transferred in order to serve his sentence.

     Article 2 – General principles

 1 The Parties undertake to afford each other the widest measure of co‑operation in respect of the transfer of sentenced persons in accordance with the provisions of this Convention.

 2 A person sentenced in the territory of a Party may be transferred to the territory of another Party, in accordance with the provisions of this Convention, in order to serve the sentence imposed on him. To that end, he may express his interest to the sentencing State or to the administering State in being transferred under this Convention.

 3 Transfer may be requested by either the sentencing State or the administering State.

     Article 3 – Conditions for transfer

 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 condition 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