Document ID: chunk:federal_register_of_legislation:F2011L01402:body:0:p5
Version: federal_register_of_legislation:F2011L01402
Segment Type: other
Provision Reference: 
Character Range: 10358–13138

deprivation of liberty to a pecuniary penalty;

(c) the adapted sentence shall, as far as possible, correspond with that imposed by the sentence in the Transferring Party;

(d) the adapted sentence shall be no more severe than that imposed by the Transferring Party in terms of nature or duration;

(e) the adapted sentence is not bound by the minimum duration of penalty applicable to a similar offence prescribed by the laws of the Receiving Party; and

(f) the period of time served by the sentenced person under a sentence of imprisonment in the Transferring Party shall be deducted.

(3) When adapting a sentence in accordance with paragraph (2) of this Article, the Receiving Party shall transmit a copy of the legal document on the adaptation to the Transferring Party.

ARTICLE 13
APPLICABLE LAW FOR THE CONTINUED ENFORCEMENT OF SENTENCE

(1) The continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the Receiving Party.

(2) The Receiving Party may, if a sentenced person would be a juvenile according to its law, treat the sentenced person as a juvenile regardless of the sentenced person's status under the law of the Transferring Party.

(3) The law of the Receiving Party shall apply to the sentenced person for the reduction of sentence, parole or other relevant measures during enforcement of sentence.

(4) Either Party may, in accordance with its domestic law, grant a pardon to the sentenced person transferred and shall inform promptly the other Party of the decision through the channel as provided in Article 3.

(5) The Receiving Party shall terminate enforcement of the sentence as soon as it is informed of any decision by the Transferring Party in accordance with paragraph (4) of this Article to pardon the sentenced person.

(6) The Receiving Party or the Transferring Party, as appropriate, shall inform the sentenced person in writing of any action or decisions taken under paragraphs (2) to (4) of this Article.

ARTICLE 14
INFORMATION ON ENFORCEMENT OF SENTENCE

The Receiving Party shall provide information to the Transferring Party concerning the enforcement of the sentence if:

(a) the sentenced person is granted parole;

(b) the enforcement of the sentence has been completed;

(c) the sentenced person has escaped from custody or died before the enforcement of the penalty has been completed; or

(d) the Transferring Party requests a specific statement.

ARTICLE 15
TRANSIT OF SENTENCED PERSONS

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