On the signing of the Agreement between the Republic of Kazakhstan and the People's Republic of China on the transfer of Convicted persons
Decree of the President of the Republic of Kazakhstan dated September 27, 2010 No. 1074
I DECREE:
1. To approve the attached draft Agreement between the Republic of Kazakhstan and the People's Republic of China on the transfer of convicted persons.
2. Authorize the Prosecutor General of the Republic of Kazakhstan, Mami Kairat Abdrazakuly, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the People's Republic of China on the transfer of convicted persons with the right to make amendments and additions to it that are not fundamental.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated September 27, 2010 No. 1074
project
contract
between the Republic of Kazakhstan and the People's Republic of China on the transfer of convicted persons
The Republic of Kazakhstan and the People's Republic of China (hereinafter referred to as the "Parties"), on the basis of mutual respect for sovereignty and equality, as well as mutual benefit, wishing to strengthen legal cooperation between the two countries in order to facilitate the reintegration into society of convicted persons to serve their sentences in the State of which they are citizens, have agreed as follows:
Article 1 Definitions
For the purposes of implementing this Treaty, the following definitions are used: (a) "Transferring Party" - a Party that transfers or has transferred a convicted person from its territory; (b) "Receiving Party" - a Party that accepts or has accepted a convicted person into its territory; (c) "Convicted person" - a person convicted for a fixed term of imprisonment or life imprisonment in accordance with a verdict passed by a court of either Party.
Article 2 General provisions
The Parties may, in accordance with the provisions of this Treaty, transfer convicted persons to each other for the execution of sentences imposed by the Transferring Party on the territory of the Receiving Party.
Article 3 Central authorities
1. For the purposes of this Agreement, the Parties shall interact with each other directly through the central authorities designated for this purpose. 2. The central bodies specified in paragraph 1 of this article are the Prosecutor General's Office for the Republic of Kazakhstan and the Ministry of Justice for the People's Republic of China. In the event of a change by either Party to the said central authorities, the other Party shall be informed of such change in writing.
Article 4conditions for transfer
1. The transfer of a convicted person may be carried out only if: (a) the convicted person is a citizen of the Receiving Party; (b) the person has been convicted of an act that is also a crime under the laws of the Receiving Party; (c) at the time when the transfer request is received, the sentence imposed on the convicted person, has entered into legal force and the period of time to be served by the convicted person is at least one year; (d) there is written consent from the convicted person or his legal representative, due to the age, physical or mental condition of the convicted person; (e) both Parties agree to the transfer. 2. In exceptional cases, the Parties may agree to transfer, even if the period of time to be served by the convicted person is less than that specified in paragraph 1 (c) of this article.
Article 5 Refusal of transfer
1. The transfer of a convicted person may be refused if: (a) one Party decides that the transfer will harm its sovereignty, security, public order, or contradict the fundamental principles of national law; (b) the convicted person has been sentenced for a crime infringing on State security; (c) the convicted person is involved in legal proceedings. procedures on the territory of the Transmitting Party. 2. Each Party may decide at its discretion whether or not it agrees to the transfer requested by the other Party, regardless of the circumstances provided for in paragraph 1 of this article.
Article 6questions and answers
1. The convicted person or his legal representative may apply to any Party regarding the transfer in accordance with this Agreement. The Party receiving such an appeal must notify the other Party in writing. 2. A transfer request may be made by either Party. The requested Party must promptly notify the requesting Party of its decision whether or not it agrees to the requested transfer. 3. Transfer requests and responses must be made in writing.
Article 7 Submission of documents
1. In the event of a transfer request from one Party and if it is not refused by the other Party, the Transferring Party shall provide the Receiving Party with the following documents or information: (a) a certified copy of the sentence that has entered into force, including the relevant provisions of the law on which it is based; (b) information indicating the type and duration of the sentence, and also the date of its calculation; (c) information on the terms of the parts of the sentence served and to be served, including the terms of pre-trial detention, information on the amendment of the sentence and other information relevant to the execution of the sentence; (d) written consent to transfer, as provided for in paragraph 1 (d) of Article 4 of this Treaty; (e) information on the state of health of the convicted person; (f) information describing the behavior of the person during the serving of the sentence. 2. The Receiving Party shall provide the Transmitting Party with the following documents: (a) documents confirming that the convicted person is a citizen of the Receiving Party; (b) articles of the law of the Receiving Party indicating that the crime for which the convicted person was sentenced is criminally punishable; (c) information on the procedure for the execution of the sentence imposed by the Transmitting Party. A party to the verdict under the national legislation of the Receiving Party.
Article 8 Notification of the convicted person
1. Each Party in its territory must notify the convicted persons to whom this Treaty applies that they may be transferred in accordance with the provisions of this Treaty. 2. Each Party must notify persons convicted in its territory in writing of the decisions taken by the Transferring or Receiving Parties on the transfer request provided for in Article 6 of this Treaty.
Article 9The consent of the convicted person and his confirmation
1. The transferring Party must ensure that the convicted person or his legal representative voluntarily agrees to the transfer with full awareness of its legal consequences and confirms this by giving consent to the transfer. 2. At the request of the Receiving Party, the Transferring Party must provide the Receiving Party with an opportunity through an authorized person to verify that the convicted person has expressed his consent to the transfer in accordance with the requirements of the above paragraph.
Article 10 Transfer of a convicted person
If agreement is reached on the transfer, the Parties should determine the time, place and procedure for the transfer through consultations.
Article 11 Execution of the sentence
1. After receiving the convicted person, the Receiving Party must, in accordance with its national legislation, continue the execution of the sentence imposed by the Transferring Party, in accordance with the regime and time limits determined by the Transferring Party. 2. If the regimes and terms of serving a sentence determined by the Transferring Party are incompatible with the legislation of the Receiving Party, the Receiving Party may amend the sentence with the imposition of a penalty provided for in its national legislation for a similar crime. In the event of such a change: (a) The Receiving Party is obliged to acknowledge the facts contained in the sentence of the Transferring Party; (b) The Receiving Party does not have the right to replace the custodial sentence with a monetary penalty; (c) the change in the sentence by the Receiving Party must be in essence and as far as possible consistent with the sentence of the Transferring Party; (d) the amendment of the sentence by the Receiving Party should not aggravate the sentence of the Transferring Party and exceed the maximum term of punishment provided for by the legislation of the Receiving Party for a similar crime.; (e) the modification of the sentence should not be limited to the minimum term of punishment applicable to a similar crime under the legislation of the Receiving Party; (f) the term of imprisonment shall include the time served in the territory of the Transferring Party. 3. In the event of a change of sentence in accordance with paragraph 2 of this Article, the Receiving Party must immediately provide a copy of the official document on the change of sentence to the Transferring Party. 4. The receiving Party has the right, in accordance with its national legislation, to reduce the term of serving the sentence of a convicted person or to release him on parole.
Article 12 Preservation of jurisdiction
1. The transferring Party has the right to retain jurisdiction to amend or overturn the verdict rendered by its court. 2. The Receiving Party must change or cancel the execution of the sentence if it receives from the Transferring Party a sentence that has been changed or canceled in accordance with this article by the court of the Transferring Party.
Article 13 Pardon
Each Party has the right, in accordance with its national legislation, to apply an act of pardon to the transferred convicted person, immediately notifying the other Party.
Article 14 Informing about the execution of the sentence
The receiving Party must inform the Transmitting Party of the execution of the sentence in the following cases: (a) when the sentence has been executed; (b) when the convicted person has absconded from custody or died before the end of the sentence; (c) when the Transmitting Party requires a special notification.
Article 15Transit
1. In the event that one Party, cooperating with a third country, transits convicted persons through the territory of the other Party, the former must send the latter a request for permission for such transits. 2. In the case of using air transport and when landing on the territory of the other Party is not planned, such a permit is not required. 3. The requested Party must, if this is not contrary to its national legislation, grant the transit request of the requesting Party.
Article 16 Language
In order to achieve the objectives of this Agreement, the Parties must use their official languages with a translation into the official language of the other Party or into English.
Article 17 Validity of documents
In order to achieve the objectives of this Agreement, any documents sent by the central authority of one Party, signed and stamped, must be used on the territory of the other Party without confirmation or legalization.
Article 18 Expenses
1. The Receiving Party shall bear the following expenses: (a) related to the transportation of the convicted person, except for expenses incurred exclusively on the territory of the Transferring Party; (b) related to the continuation of the execution of the sentence after the transfer. 2. The costs associated with transit transportation shall be borne by the Party requesting permission for transit transportation.
Article 19 Resolution of disagreements
Any differences related to the interpretation and application of this Agreement shall be resolved through consultations.
Article 20 Entry into force and termination of the Agreement
1. This Treaty is subject to ratification and shall enter into force thirty days after the date of the exchange of instruments of ratification. 2. Each Party may terminate this Agreement at any time by notifying the other Party in writing. In this case, this Agreement shall terminate upon the expiration of one hundred and eighty days from the date of receipt of the notification of the intention to terminate it. 3. This Agreement also applies to the transfer of convicted persons who were sentenced before its entry into force.
IN PROOF OF WHICH, the undersigned, being duly authorized thereto, have signed this Agreement.
DONE in __________ "___" ________ 20__ in two copies, each in Kazakh, Chinese, Russian and English, all texts being equally authentic. In case of divergence of interpretation, the English text will prevail.
For the Republic of Kazakhstan For the People's Republic of China
President
Republic of Kazakhstan
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