On the signing of the Agreement between the Republic of Kazakhstan and the Italian Republic on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated October 10, 2013 No. 668
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 Italian Republic 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 Italian Republic 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
Of the Republic of Kazakhstan dated October 10, 2013 No. 668
Project
contract
between the Republic of Kazakhstan and the Italian Republic
on the transfer of convicted persons
The Republic of Kazakhstan and the Italian Republic, hereinafter referred to as the "Parties", wishing to promote effective cooperation between the two States in the field of transfer of convicted persons in order to facilitate their rehabilitation and return to public life, believing that this goal can be achieved through the conclusion of a bilateral agreement establishing that foreigners deprived of liberty as a result of committing a crime, They may serve their sentences in a public environment of their own origin, and have agreed as follows:
ARTICLE 1 Definitions
For the purposes of this Treaty, the following definitions mean: (a) "sentence" - any final judicial decision imposing a custodial sentence for the commission of a crime; (b) "convicted person" - the person against whom a conviction has been imposed; (c) "Sentencing Party" - the State where a conviction has been imposed. (d) "Party to the execution of the sentence" means the State to which the convicted person may be or has already been transferred for the execution of the sentence.
ARTICLE 2 General principles
1. The Parties, in accordance with the provisions of this Treaty, shall fully cooperate in the transfer of convicted persons. 2. In accordance with the provisions of this Agreement, a person convicted on the territory of one of the Parties (the Sentencing Party) may be transferred to the territory of the other Party (the Executing Party) to serve his sentence. 3. This Agreement applies to minors to whom special treatment is applicable in accordance with the laws of the Parties.
ARTICLE 3 Central authorities
1. For the purposes of this Agreement, the Parties shall interact with each other and transmit requests and documents directly through the central authorities designated for this purpose, as defined in paragraph 2 of this Article. 2. The central authorities are the Prosecutor General's Office for the Republic of Kazakhstan and the Ministry of Justice for the Italian Republic. 3. 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 through diplomatic channels.
ARTICLE 4conditions for transfer
1. The transfer of a convicted person may be carried out only if: a) the convicted person is a national of the Executing Party; b) the sentence is final; c) at the time when the transfer request is received, 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, in the case of his incapacity due to age, physical or mental condition, the legal representative of the convicted person; e) the act or omission for which the person was convicted is also a crime in accordance with the legislation of the Executing Party; f) 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 subparagraph (c). paragraph 1 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 fundamental principles of legislation or other national interests; b) other criminal, civil or administrative proceedings are being conducted against the convicted person in the territory of the Sentencing Party. 2. In any case, each of the Parties may decide to accept or refuse the transfer for other reasons, regardless of the circumstances provided for in paragraph 1 of this article.
ARTICLE 6 Information about decisions on requests
Each Party shall immediately inform the other Party of its decision on the transfer request, explaining its decision in case of refusal of transfer.
ARTICLE 7 Informing a convicted person
1. Each convicted person to whom this Agreement may be applied shall be informed by the Sentencing Party of the contents of this Agreement and of the legal consequences of the transfer. 2. The convicted person, if he requests it, shall be notified in writing of each action taken by the Sentencing Party or the Executing Party in relation to the request for its transfer, as well as of the decision taken by each of the Parties on it.
ARTICLE 8 Request for transfer
1. A transfer request may be sent to: a) By the Sentencing Party; b) by the Executing Party; c) by the convicted person or his legal representative by means of a written statement addressed to the Sentencing Party or the Executing Party expressing the will of the convicted person to transfer, in accordance with this Agreement. 2. Requests and responses shall be made in writing and addressed to the central authorities specified in Article 3 of this Treaty.
ARTICLE 9 Information exchange and supporting documents
1. Upon request for the transfer of a convicted person, each Party shall immediately provide the following documents and information. 2. The sentencing party must provide: a) information about the personal data of the convicted person (first name, last name, date and place of birth) and, if possible, a copy of a valid identity document of such person and his fingerprints; b) information about the place of residence or address of the convicted person at the Sentencing Party, if any It is known; (c) Brief information about the circumstances of the crime committed, including the relevant provisions of the law on which the sentence is based; (d) Information indicating the type and duration of the sentence, as well as the date of its calculation; (e) Information about the behavior of the convicted person while serving his sentence, as well as any other information relevant to the enforcement of the sentence. execution; f) a certified copy of the verdict; (g) If necessary, a social report and a medical report on the state of health of the convicted person, information on the treatment carried out at the Sentencing Site, and recommendations on the necessary medical treatment at the Execution Site; (h) A statement in which the convicted person or his legal representative agrees to transfer in accordance with subparagraph (d) paragraph 1 of Article 4 of this Treaty; i) the consent of the sentencing Party to the transfer of the convicted person; j) any other information and documents that may be required by the Executing Party to make a decision on the transfer of the convicted person. 3. Upon request, the Executing Party shall send: a) a document or official confirmation that the convicted person is a citizen of the Executing Party; b) provisions of the law of the Executing Party confirming that the act or omission for which the person was convicted at the Sentencing Party is also a crime in accordance with the legislation of the Executing Party. The verdict; (c) Information on the procedure for the execution of the sentence of a foreign State in accordance with the legislation of the Executing Party; (d) the consent of the Executing Party to the transfer of the convicted person and guarantees for the execution of the remaining part of the sentence; (e) Any other information and documents that may be required by the Sentencing Party to make a decision on the transfer of the convicted person. 4. The exchange of information and supporting documents specified in the previous provisions will not take place if one of the Parties immediately informs that it does not agree to the transfer.
ARTICLE 10 Language and legalization
1. Requests for transfer and responses specified in paragraph 2 of Article 8 of this Treaty, as well as information, supporting documents and materials specified in Article 9 of this Treaty, shall be set out in the language of the Party to which they are addressed, or in English. 2. The supporting documents and materials submitted for the implementation of this Agreement do not require any special form of legalization, certification or certification, except for the certification of a copy of the verdict against the convicted person specified in subparagraph (f). paragraph 2 of Article 9 of this Treaty.
ARTICLE 11The consent of the convicted person and his confirmation
1. The sentencing party guarantees that the convicted person or his legal representative voluntarily agrees to the transfer provided for in subparagraph (d). paragraph 1 of Article 4 of this Treaty, with full awareness of its legal consequences. This procedure is carried out in accordance with the legislation of the Sentencing Party. 2. Prior to the transfer, the Sentencing Party, at the request of the Executing Party, shall provide the Executing Party, through a diplomatic representative, with the opportunity to verify that the convicted person or his legal representative has voluntarily consented to the transfer in accordance with the terms of paragraph 1 of this article.
ARTICLE 12 Transfer of a convicted person
In case of reaching an agreement on the transfer, the Parties immediately agree on the time, place and conditions of the transfer.
ARTICLE 13 Execution of sentence
1. The executing Party must, in accordance with its domestic legislation, continue the execution of the sentence in accordance with the regime and time limits set out in the verdict of the Sentencing Party, taking into account the term of the sentence served in the territory of the Sentencing Party. 2. If the regimes and terms of serving the sentence specified in the verdict are incompatible with the legislation of the Executing Party, the latter, with the consent of the Sentencing Party, may amend the sentence with the imposition of the penalty provided for by its legislation for such a crime. The sentence thus amended in its essence and terms should, as far as possible, correspond to the verdict of the Sentencing Party. In case of a change of sentence: (a) The Executing Party is not entitled to replace the custodial sentence with a monetary penalty; (b) The Executing Party shall not aggravate the sentence of the Sentencing Party or impose a penalty exceeding the maximum penalty prescribed by the legislation of the Executing Party for a similar offence. 3. A party to the execution of a sentence has the right, in accordance with its legislation, to reduce the term of serving a sentence to a convicted person or to release him on parole.
ARTICLE 14 Review of the verdict
Only the sentencing Party has the right to decide on any motion for review of an existing sentence.
ARTICLE 15 Pardon, amnesty and other types of punishment reduction
1. Each Party has the right, in accordance with its legislation, to apply a pardon, amnesty or other types of reduction of punishment to the transferred convicted person, immediately notifying the other Party. 2. Upon receiving information about the adoption of the above measures against the transferred convicted person, the executing party immediately applies this measure.
ARTICLE 16 Suspension of execution of sentence
The executing Party shall terminate the execution of the sentence immediately after receiving from the Sentencing Party any decision by virtue of which the mandatory execution of the sentence is lifted.
ARTICLE 17information on the execution of the sentence
The executing Party shall provide the Sentencing Party with information on the execution of the sentence if: a) in accordance with its legislation, the execution of the sentence has been completed or terminated; b) the convicted person escaped before the execution of the sentence was completed; c) The sentencing party sends a special request about this.
ARTICLE 18Transit
1. If one of the Parties, 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 Party to which the transit request has been received must, if it does not contradict its legislation, satisfy such request.
ARTICLE 19 Expenses
1. The executing Party shall bear the costs: a) related to the transportation of the convicted person, except for expenses incurred exclusively in the territory of the Sentencing Party; b) related to the execution of the sentence after transfer. 2. The costs associated with transit transportation shall be borne by the Party requesting transit.
ARTICLE 20Cooperation with other international treaties
This Agreement does not prevent the Parties from cooperating on the transfer of convicted persons in accordance with other international treaties to which they are parties.
ARTICLE 21The effect of the Contract in time
This Agreement will also apply to persons convicted before its entry into force.
ARTICLE 22 Dispute settlement
Any dispute related to the interpretation or application of this Treaty shall be resolved through consultations between the central authorities. If no agreement is reached, the dispute is resolved through consultations through diplomatic channels.
ARTICLE 23The entry into force, duration and termination of the Agreement
1. This Treaty shall enter into force 30 days after the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. By agreement of the Parties, amendments may be made to this Agreement, which are its integral parts and are formalized in the form of additional protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article. 3. This Agreement is concluded for an indefinite period. Each Party has the right to terminate this Agreement at any time by notifying the other Party in writing through diplomatic channels. This Agreement shall terminate upon the expiration of one hundred and eighty days from the date of receipt of the relevant notification.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective States, have signed this Treaty.
Committed in the city __________ "__" __________ 20__ in two copies, each in Kazakh, Italian and English, all texts being equally authentic. In case of disagreement in the interpretation of this Agreement, its English text will prevail.
For the Republic of Kazakhstan For the Italian Republic
President
Republic of Kazakhstan
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