Model Treaty on the Transfer of Supervision of Offenders Conditionally Sentenced or Conditionally
Released
Articles: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] Adopted by the General Assembly as resolution 45/118
on the recommendation of the Eighth Congress ARTICLE 1 Scope of application - This Treaty shall be applicable if, according to a final court decision, a person has been found guilty of an offense and has been:
a) Placed on probation without sentence having been pronounced;
b) Given a suspended sentence involving deprivation of liberty;
c) Given a sentence which has been modified by parole or conditionally suspended. - The State where the decision was taken (sentencing State)
mayrequest another State (administering State) to take responsibility forapplying the terms of the decision (transfer of supervision).
ARTICLE 2 Channels of communications A request for the transfer of supervision shall be made in writing.The request, supporting documents and subsequent communications shall betransmitted through
diplomatic channels, directly between the ministries ofjustice or any other designated authorities. ARTICLE 3 Required documents - A request for the transfer of supervision shall contain allnecessary information on identity, nationality and residence of thesentenced person and be accompanied by any court decision referred to
inthe preceding provision and a certificate that this decision is final.
- The documents shall be accompanied by a translation into thelanguage of the requested State or into another language acceptable to that State.
ARTICLE 4 Certification and authentication
A request for the transfer of supervision shall not require certification or authentication. ARTICLE 5 Decision on the request The competent authorities of the Requested State shall examine what action to take on the request and shall promptly communicate their decision. ARTICLE 6 Dual criminality A request for the transfer of supervision can be complied with only if the act on which the request is based would be an offense if committed in the territory of the administering State. ARTICLE 7 Grounds for refusal If the administering State refuses acceptance of a request, it shall communicate the reasons for refusal. Acceptance may be refused where:
a) The sentenced person is not an ordinary resident in the administering State;
b) The act is an offense under military law, and is not also an offense under ordinary criminal law;
c) The offense is in connection with taxes, duties, customs or exchange;
d) The offense is regarded by the administering State as being of apolitical nature;
e) The administering State, under its own law, can no longer carry out the supervision or enforce the sanction because of lapse of time. ARTICLE 8 The position of the sentenced person Whether sentenced or standing trial, the sentenced person may express
to the sentencing State his or her interest in a transfer of supervision and his or her willingness to fulfill any conditions to be imposed. Such interest may also be expressed by his or her legal representative or close relatives. ARTICLE 9 The rights of the victim The rights of the victim of the offense, in particular his or her right to
restitution or compensation, are not to be affected as a result of the transfer. In the event of the death of the victim, this provision shall apply to his or her dependents accordingly. ARTICLE 10 The effect of the transfer of supervision on the sentencing State The acceptance by the administering State of responsibility for applying the
terms of the decision shall extinguish the competence of the sentencing State to enforce the sentence. ARTICLE 11 The effects of the transfer of supervision on the administering State - The supervision transferred upon agreement and the subsequent procedure shall be carried out in accord with the law of the administering
State. That State alone shall have the right of revocation. That State may adapt to its own law the conditions or measures prescribed, providing they are not more severe than those pronounced in the sentencing State.
- If the administering State revokes the conditional sentence or conditional release, it shall enforce the sentence in accord with its own law without, however, going beyond the limits imposed by the sentencing State.
ARTICLE 12 Review, pardon and amnesty - The sentencing State alone shall have the right to decide on any application to reopen the case.
- Each Party may grant pardon, amnesty or commutation of the sentence.
ARTICLE 13 Information
- The Contracting Parties shall keep each other informed, as necessary, of circumstances likely to affect supervision or enforcement in the administering State.
- After expiration of the period of supervision, the administering State shall provide to the sentencing State, at its request, a final report on the supervised person's conduct and compliance with the measures imposed.
ARTICLE 14 Costs Supervision and enforcement costs incurred in the administering State shall not be refunded, unless otherwise agreed by both the sentencing State and the administering State. ARTICLE 15 Final provisions
- This Treaty is subject to (ratification, acceptance or approval).
- This Treaty shall enter into force on the thirtieth day after the instruments of (ratification, acceptance or approval) are exchanged.
- This Treaty shall apply to requests made after its entry into force, even if the relevant acts or omissions occurred prior to that date.
- Either Party may denounce this Treaty by giving notice in writing to the other Party. Such denunciation shall take effect six
months following the date on which notice is received by the other Party.
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