On the ratification of the Agreement between the Republic of Kazakhstan and Hungary on the transfer of Convicted Persons

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The Law of the Republic of Kazakhstan dated April 15, 2015 No. 305-V SAM

To ratify The agreement between the Republic of Kazakhstan and Hungary on the transfer of convicted persons, signed in Budapest on June 3, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT between the Republic of Kazakhstan and Hungary on the transfer of convicted persons

The Republic of Kazakhstan and Hungary, hereinafter referred to as the "Parties", on the basis of mutual respect for sovereignty and equality, wishing to strengthen legal cooperation between the two States, in the interests of convicts serving their sentences in their countries of nationality in order to facilitate their further reintegration into society, have agreed as follows:

Article 1. Definitions

For the purposes of this Treaty: (a) "Transferring Party" is a Party that transfers or has transferred a convicted person from its territory; (b) "Receiving Party" is a Party that accepts or has accepted a convicted person into its territory; (c) "Convicted person" is a person sentenced to a fixed term of imprisonment. deprivation of liberty or life imprisonment in accordance with a sentence handed down by the court of the Transferring Party; d) "Citizen" is a person who has only the citizenship of the Republic of Kazakhstan or Hungary.

Article 2. General provisions

In accordance with the provisions of this Agreement, the Parties have the right to 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 central authorities designated by the Parties shall interact directly with each other. 2. The central bodies are: from the Republic of Kazakhstan - the Prosecutor General's Office of the Republic of Kazakhstan; from Hungary - the Minister in charge of Justice. 3. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Parties shall notify each other through diplomatic channels.

Article 4. Conditions for transfer

1. The transfer of a convicted person is carried out only if the following conditions are met: (a) The convicted person is a national of the Receiving Party; (b) The person has been convicted of an act that is also a crime under the national legislation of the Receiving Party; (c) At the time when the transfer request was received, the sentence imposed on the convicted person entered into force and the period of time to be served by the convicted person is at least one year; d) there is a written consent of the convicted person or his legal representative, if it is impossible for the convicted person to agree to the transfer due to age, physical or mental condition; e) both Parties agree to the transfer. 2. In exceptional cases, the Parties may agree to transfer the convicted person, even if the period of time to be served by the convicted person is less than that specified in subparagraph (c). paragraph 1 of this article.

Article 5. Grounds for refusal of transfer

1. The transfer of a convicted person is 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 of the Transferring Party. 2. Each Party has the right to 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 6. Request and response

1. The convicted person or his legal representative shall send a request to any Party regarding the transfer in accordance with this Agreement. The Party receiving the convicted person's request must notify the other Party in writing. 2. A request for the transfer of a convicted person may be sent by either Party. The requested Party shall immediately notify the Requesting Party of its decision regarding the requested transfer. 3. Requests and responses for the transfer of a convicted person shall be made in writing.

Article 7. Provision of necessary documents and information

1. In case of receipt of a transfer request from one Party and if it is not refused by the other Party, the Transferring Party provides the Receiving Party with the following documents: (a) The first and last name, date and place of birth, place of registration and, if available, permanent residence address of the convicted person; (b) a certified copy of the final judgment of the court, as well as, if any, any other related court decisions, including the relevant provisions of the law on which they are based; (c) Information on the terms of the parts of the sentence served and to be served, including the terms of pre-trial detention, and other information relevant to the execution of the sentence; (d) Written consent to transfer, as provided for in subparagraph (d) paragraph 1 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 while serving the sentence. 2. The Receiving Party provides 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 act for which the convicted person was sentenced is criminally punishable; (c) information on the procedure for the execution of the sentence imposed by the Transferring Party under the national legislation of the Receiving Party.

Article 8. Notification of the convicted person

1. Each Party in its territory shall 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 shall notify persons convicted in its territory in writing of the decisions taken by the Transferring or Receiving Parties upon the transfer request provided for in Article 6 of this Treaty.

Article 9. Consent of the convicted person and its confirmation

1. The transferring Party guarantees 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 written consent to the transfer. The procedure for obtaining such consent is regulated by the national legislation of the Transferring Party. 2. At the request of the Receiving Party, the Transferring Party shall provide the Receiving Party, through an authorized person, with the opportunity to verify that the convicted person has expressed his consent to the transfer in accordance with the requirements of paragraph 1 of this article.

Article 10. Transfer of a convicted person

If agreement is reached on the transfer, the Parties shall determine the time, place and procedure for the transfer of the convicted person through consultations.

Article 11. Execution of the sentence

1. After receiving the convicted person, the Receiving Party, in accordance with its national legislation, continues 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 national legislation of the Receiving Party, the Receiving Party modifies the sentence with the imposition of the penalty provided for in its national legislation for a similar crime. In case 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 amendment of the sentence by the Receiving Party should 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 in the national legislation of the Receiving Party for a similar crime; (e) The amendment of the sentence should not be limited to the minimum term of punishment applicable to a similar crime under the national legislation of the Receiving Party; (f) the term of imprisonment shall include, served on the territory of the Transmitting Party. 3. In the event of a change of sentence in accordance with paragraph 2 of this Article, the Receiving Party shall immediately transmit 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. Maintaining jurisdiction

1. For the purposes of this Agreement, the Transferring Party retains jurisdiction to review the verdict rendered by its court. 2. In the event of receiving from the Transferring Party a sentence revised in accordance with paragraph 1 of this Article, the Receiving Party must, in accordance with its national legislation, execute the judgment rendered by the Transferring Party.

Article 13. The application of clemency or amnesty

Each Party has the right, in accordance with its national legislation, to apply an act of pardon or amnesty to the transferred convicted person, immediately notifying the other Party.

Article 14. Informing about the execution of the sentence

The Receiving Party shall inform the Transmitting Party of the execution of the sentence if: a) the sentence has been executed; b) the convicted person has absconded from custody or died before the end of the sentence; c) The transmitting Party requires a special message.

Article 15. Transit

1. Each Party, in accordance with its national legislation, has the right to allow transit through its territory of a person transferred by a third State to another Party for further serving of a sentence. 2. The receiving Party shall send to the other Party a request for transit authorization containing the identification data of the person being transported, information about his nationality and a summary of the facts of the crime committed. The request for transit authorization and additional information are sent through the central authorities or, in emergency cases, through the International Criminal Police Organization (Interpol). The request for transit authorization is accompanied by a copy of the document confirming the transfer consent. 3. The transit State must detain the person being transported on its territory. 4. A transit permit is not required if the transit is carried out by air and landing on the territory of the transit State is not provided. In the event of an unplanned landing on the territory of the transit State, the State requesting transit shall immediately notify the transit State, and the transit State shall detain the person being transported for fifteen (15) days, pending receipt of the transit request provided for in paragraph 2 of this article.

Article 16. Languages

To achieve the objectives of this Agreement, the Parties shall use their official languages with translation into the official language of the other Party or into English.

Article 17. Validity of documents

To achieve the objectives of this Agreement, any documents sent by the central authority of one Party, signed and stamped, will be used by the authorities of the other Party without further confirmation or legalization.

Article 18. Expenses

1. The receiving Party bears the costs: 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 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. Relationship with other international treaties

This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which they are parties.

Article 20. Personal data protection

1. Without prejudice to paragraph 2 of this Article, personal data may be transferred by the Parties, and may also be processed by the Party to which such data was transferred, only if it is necessary and sufficient for the purpose of transferring convicted persons in accordance with this Agreement. 2. Such data, however, may be processed for any other purpose if prior consent is given, either by the Party that sent the data or by the person who is the subject of such data. Consent must be given in accordance with the national legislation of the Party transferring personal data. 3. Any Party that transfers personal data as a result of the fulfillment of the provisions of this Agreement has the right to request the Party to which the data was transferred to provide information on the processing of such data. 4. Without prejudice to paragraph 6 of this article, personal data transferred in accordance with this Agreement must be processed and destroyed in accordance with the national legislation of the Party to which such data was transferred. Regardless of these restrictions, the received data must be destroyed as soon as it is no longer necessary for the purposes for which it was transmitted. 5. The personal data subject has the right, in accordance with the national legislation of the Parties: a) request information regarding the processing of his/her personal data by the competent authorities; b) request modification and addition, destruction or blocking of his/her personal data; c) to protect his/her rights if his/her request is not respected. 6. The Parties transferring personal or other data may establish additional conditions regarding the processing of the transferred data. In the event that additional conditions are established in accordance with this paragraph, the Party to which the data was transferred must process the data in accordance with these conditions.

Article 21. Dispute resolution

Any dispute arising in the course of the application or interpretation of this Treaty shall be resolved through negotiations or diplomatic consultations between the Parties.

Article 22. Entry into force and termination of the Agreement

1. This Agreement shall be concluded for an indefinite period of time and shall enter into force on the thirtieth (30) day after the date of receipt of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for its entry into force. 2. Amendments and additions may be made to this Agreement by agreement of the Parties. Amendments and additions are formalized by separate protocols, which are its integral parts and enter into force in accordance with the procedure provided for in paragraph 1 of this Article. 3. Either Party has the right to terminate this Agreement at any time by sending a written notification to the other Party through diplomatic channels. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt of such notification. 4. In the event of termination of this Agreement, its validity remains in force until the completion of the transfer of convicted persons initiated during its validity period. 5. This Treaty also applies to convicted persons whose sentences were passed before its entry into force.

IN PROOF OF WHICH, the undersigned, being duly authorized thereto, have signed this Agreement.

DONE in Budapest on June 3, 2014, in two originals, each in the Kazakh, Hungarian and English languages, all texts being authentic and equally authentic. In case of disagreement in the interpretation of this Agreement, the English text shall prevail.

For the Republic of Kazakhstan

For Hungary

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and Hungary on the transfer of Convicted Persons, signed in Budapest on June 3, 2014 in Kazakh, Hungarian and English with the text in Russian.

Kazakhstan Republicsbas Prosecutor's office syn Halykaralyk yntymaktasty departmentbastygyn mindetin atkarushy A. Nurbekov

President

Republic of Kazakhstan

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