On the signing of the Agreement between the Republic of Kazakhstan and the Kingdom of Spain on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated November 16, 2012 No. 434
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. Approve the attached project The Agreement between the Republic of Kazakhstan and the Kingdom of Spain on the transfer of convicted persons.
2. Authorize the Prosecutor General of the Republic of Kazakhstan, Daulbaev Askhat Kaizullayevich, to sign on behalf of the Republic of Kazakhstan an agreement between the Republic of Kazakhstan and the Kingdom of Spain on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED
By Presidential Decree
Republic of Kazakhstan
Dated November 16, 2012 No. 434
Project
contract
between the Republic of Kazakhstan and the Kingdom of Spain on the transfer of convicted persons
The Republic of Kazakhstan and the Kingdom of Spain, hereinafter referred to as the Parties, in order to strive for the further development of legal relations between the two States, assistance in the field of international legal cooperation, and recognizing the importance of social rehabilitation of persons convicted in any of these States, have agreed as follows:
Article 1. Definitions
For the purposes of this Agreement, the following definitions are used: a) (b) "Sentencing State" means the State in which a sentence has been imposed on a person who may be or has already been transferred to serve his sentence; "State of enforcement" means the State to which a person may be or has already been transferred to serve his sentence; (c) "sentence" means a court decision according to which the court imposes a custodial sentence; (d) "convicted" means the person against whom the sentence has been imposed.
Article 2. General principles
1. The Parties undertake, in accordance with the provisions of this Treaty, to provide each other with the greatest possible assistance regarding the transfer of convicted persons. 2. Sentences passed in Spain against citizens of Kazakhstan may be executed in Kazakhstan in penitentiary institutions under the supervision of the competent authorities of the Republic of Kazakhstan in accordance with the provisions of this Treaty. 3. Sentences passed in Kazakhstan against Spanish citizens may be executed in Spain in penitentiary institutions under the supervision of the competent authorities of the Kingdom of Spain in accordance with the provisions of this Treaty. 4. The transfer may be initiated by the Sentencing State or the Executing State.
Article 3. Conditions for transfer
1. The convicted person is transferred in accordance with this Agreement only under the following conditions: a) the convicted person is a national of the State of enforcement of the sentence; b) the sentence is final; c) at the time of receipt of the transfer request, at least six months of imprisonment have not been served; d) the transfer is carried out with the consent of the convicted person or, in the case of his incapacity, with the consent of his legal representative; (e) The act or omission for which the sentence has been imposed is an offence under the national law of the State of Enforcement, even if their classification differs in both States; (f) The Sentencing State and the State of Enforcement agree to transfer. 2. In exceptional cases, the Parties may agree on the transfer, even if the sentence served by the convicted person is less than specified in subparagraph (c) of paragraph 1 of this article. 3. The Parties may agree on the application of the provisions of this Treaty to punishments imposed on a convicted minor, within the framework of their respective legislation, subject to obtaining consent from a person authorized to act on behalf of the convicted minor.
Article 4. Obligation to provide information
1. Any convicted person to whom this Treaty may be applied shall be notified by the sentencing State. The State of execution of the sentence explains to the convicted person the legal consequences of the transfer. 2. If the convicted person has expressed his consent to transfer in accordance with this Treaty, the Sentencing State shall provide the information provided for in paragraph 2 of article 8 of this Treaty to the State of enforcement. 3. The convicted person shall be notified in writing of any measures taken by the Parties in accordance with the provisions of this Treaty, as well as of any decision taken by one of the States in accordance with the request for transfer.
Article 5. Refusal to 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 legislation; b) the convicted person has been sentenced for a crime infringing on State security; c) the convicted person is involved in legal proceedings in the territory. Sentencing States. 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. In this case, the Requested Party is obliged to give reasons for its decision.
Article 6. Central authorities
1. The central authorities of the Parties for the implementation of the provisions of this Agreement are for the Republic of Kazakhstan - the Prosecutor General's Office, for the Kingdom of Spain - the Ministry of Justice. 2. The central authorities communicate with each other directly, with the possibility of using diplomatic channels.
Article 7. Requests and responses
1. Requests from the Parties for transfer shall be made in writing and addressed to the central authorities specified in this Agreement. If necessary, modern information transfer technologies can be used, but with the obligatory subsequent sending of the original requests by mail. 2. Responses to requests are provided in a similar way. 3. The Parties shall immediately inform each other of their decision to transfer, regardless of whether the response is positive or negative.
Article 8. Supporting documents
1. At the request of the Sentencing State, the State of enforcement shall provide: a) a copy of the document confirming that the convicted person is a national of the State of enforcement; b) an extract of the relevant law confirming that the act or omission for which the sentence was imposed in the Sentencing State is a crime in accordance with the legislation of the State of enforcement.. 2. At the request of the State of Enforcement, the sentencing State provides the following documents: a) information about the convicted person's identity (surname, first name, patronymic, date and place of birth, as well as, if possible, copies of identity documents confirming the convicted person's nationality); b) a certified copy of the final verdict and the law on which it is based; c) a voluntary statement by the convicted person or, if necessary, his legal representative, agreeing to transfer; (d) A document on the part of the sentence served and the part of the sentence to be served, including the time of pre-trial detention, and other information relevant to the execution of the sentence; (e) a document on the execution of additional punishment, if any; (f) a medical report on the health status and characteristics of the convicted person. If necessary, the competent authorities of the Executing State may request additional documents or information.
Article 9. Execution of the sentence
1. After the transfer, the convicted person continues to serve the sentence imposed in the Sentencing State in the Executing State in accordance with the legislation of the Executing State. 2. The punishment imposed by the Sentencing State cannot be changed in its nature or duration. If the legislation of the Executing State sets a maximum limit on the length of the sentence imposed by the court of the Sentencing State and the term of the sentence imposed by the Sentencing State exceeds this limit, the Executing State shall execute the sentence up to this limit. 3. When converting the punishment in accordance with the provisions of the previous paragraph. The State of enforcement of the sentence informs the Sentencing State of the results of the change in punishment. 4. The sentence imposed by the Sentencing State cannot be increased in the State of Enforcement. 5. The sentencing State retains its jurisdiction to review sentences handed down by its courts. If the court decision has been changed by the Sentencing State, the State of Enforcement of the sentence is informed about it for its execution on its territory.
Article 10. The inadmissibility of double punishment
A convicted person transferred for execution in accordance with this Treaty may not be re-arrested, tried and convicted in the State of Execution of the sentence for the same crime for which he has already been convicted.
Article 11. Pardon, amnesty, commutation of punishment
The sentencing State or, with its consent, the State of Execution of the sentence may apply amnesty, pardon or other mitigation measures if there are legitimate grounds for this.
Article 12. Termination of execution of punishment
The executing State shall terminate the execution of the sentence immediately upon receipt from the Sentencing State of any decision or measure by virtue of which the sentence ceases to be enforceable.
Article 13. Transfer of a convicted person
When transferring convicted persons, the competent authorities of the Sentencing State coordinate the time and place with the authorities of the Executing State in each specific case.
Article 14. Expenses
The costs associated with the transfer of the convicted person are borne by the State of Execution of the sentence from the moment of its receipt.
Article 15. Transit transportation
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. 4. The costs associated with the transit transportation of a convicted person shall be borne by the Party requesting such transportation.
Article 16. Languages
The transfer of documents provided for in Article 8 of this Treaty, as well as contacts between the central authorities, shall be carried out in English.
Article 17. Temporary application and entry into force of the Agreement
This Agreement shall be provisionally applied thirty (30) days after the date of its signing, to the extent that it does not contradict the national laws of the Parties, and shall enter into force on the first day of the second month after the date of receipt through diplomatic channels of the last notification by the Parties of the completion of the internal procedures necessary for its entry into force.
Article 18. Term and termination of the Agreement
1. This Agreement is concluded for an indefinite period. 2. Each of the Parties has the right to terminate this Agreement by sending a written notification through diplomatic channels. This Agreement remains in force until the expiration of six (6) months from the date of receipt of such notification. 3. This Treaty applies to sentences of imprisonment that took place before and after its entry into force.
Committed in ___________ ______ in two copies, each in Kazakh and Spanish, with all texts having the same validity.
For the Republic of Kazakhstan For the Kingdom of Spain
President
Republic of Kazakhstan
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