Article 606. Refusal to transfer to a foreign state a convicted person or a person to whom compulsory medical measures have been applied CPC RK Code of Criminal Procedure of the Republic of Kazakhstan
1. The transfer of foreigners referred to in Article 602 of this Code may be refused in the following cases::
1) none of the acts for which a person has been convicted or compulsory medical measures have been applied to him is recognized as a criminal offense under the legislation of the State of which the convicted person is a citizen or the person to whom compulsory medical measures have been applied.;
2) no agreement has been reached on the transfer of a convicted person or a person to whom compulsory medical measures have been applied, on the terms stipulated by an international agreement;
3) if the transfer of a convicted person or a person to whom compulsory medical measures have been applied may harm the interests of the Republic of Kazakhstan;
4) a convicted person or a person to whom compulsory medical measures have been applied has a permanent place of residence in the Republic of Kazakhstan;
5) if the transferred person is not a citizen of the State of execution of the sentence.
2. In addition to the grounds provided for in paragraph 1) of the first part of this article, the transfer of a foreigner sentenced to imprisonment by a court of the Republic of Kazakhstan may be refused in cases where:
1) the punishment may not be executed in a foreign State due to the expiration of the statute of limitations or for any other reason provided for by the legislation of that State.;
2) at the time of receiving the request for the transfer of the convicted person, the term of imprisonment that has not been served is less than six months.;
3) no guarantees have been received from the convicted person or a foreign State for the execution of the sentence in respect of a civil claim.
3. In addition to the grounds provided for in paragraph 1) of the first part of this Article, the transfer of a foreigner who has committed a socially dangerous act in the territory of the Republic of Kazakhstan in a state of insanity, in respect of which there is a court decision of the Republic of Kazakhstan on the application of compulsory medical measures to him, may be refused in cases where:
1) the legislation of a foreign state does not provide for similar medical measures;
2) a foreign State does not have the ability to provide the necessary treatment and appropriate security measures.
4. Before making a decision to transfer a convicted person to serve his sentence to a foreign State, the latter's authorized bodies must provide guarantees that the convicted person will not be subjected to torture and other cruel, inhuman or degrading treatment or punishment.
President
Republic of Kazakhstan
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