Document ID: chunk:federal_register_of_legislation:F2008C00146:body:0:p6
Version: federal_register_of_legislation:F2008C00146
Segment Type: other
Provision Reference: 
Character Range: 12558–15258

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 sentence, the competent authority:
 a shall be bound by the findings as to the facts insofar as they appear explicitly or implicitly from the judgment imposed in the sentencing State;
 b may not convert a sanction involving deprivation of liberty to a pecuniary sanction;
 c shall deduct the full period of deprivation of liberty served by the sentenced person; and
 d shall not aggravate the penal position of the sentenced person, and shall not be bound by any minimum which the law of the administering State may provide for the offence or offences committed.

 2 If the conversion procedure takes place after the transfer of the sentenced person, the administering State shall keep that person in custody or otherwise ensure his presence in the administering State pending the outcome of that procedure.

     Article 12 – Pardon, amnesty, commutation

Each Party may grant pardon, amnesty or commutation of the sentence in accordance with its Constitution or other laws.

     Article 13 – Review of judgment

The sentencing State alone shall have the right to decide on any application for review of the judgment.

     Article 14 – Termination of enforcement

The administering State shall terminate enforcement of the sentence as soon as it is informed by the sentencing State of any decision or measure as a result of which the sentence ceases to be enforceable.

     Article 15 – Information on enforcement

The administering State shall provide information to the sentencing State concerning the enforcement of the sentence:
 a when it considers enforcement of the sentence to have been completed;
 b if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or
 c if the sentencing State requests a special report.

     Article 16 – Transit

 1 A Party shall, in accordance with its law, grant a request for transit of a sentenced person through its territory if such a request is made by another Party and that State has agreed with another Party or with a third State to the transfer of that person to or from its territory.

 2 A Party may refuse to grant transit:
 a if the sentenced person is one of its nationals, or
 b if the offence for which the sentence was imposed is not an offence under its own law.

 3 Requests for transit and replies shall be communicated through the channels referred to in the provisions of Article 5.2 and 3.

 4 A Party may grant a request for transit of