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«Статус Конвенции о передаче осужденных лиц (ETS N 112) (Страсбург, 21 марта 1983 года)» [рус., англ.] (по состоянию на 25.01.2011)
residence in the territory of Georgia.
Period covered: 1/2/1998 -
The preceding statement concerns Article(s): 3
Declaration contained in the instrument of ratification deposited on 21 October 1997 - Or. Engl..
Georgia declares that requests for transfer and supporting documents must be accompanied by a translation into the Georgian, English or Russian languages.
Period covered: 1/2/1998 -
The preceding statement concerns Article(s): 17
Germany:
Declaration contained in a letter from the Permanent Representative handed over at the time of deposit of the instrument of ratification on 31 October 1991 - Or. Ger./Eng..
Re the Convention as a whole:
In conformity with the preamble of the Convention, the Federal Republic of Germany understands that the application of the Convention should further not only the social rehabilitation of sentenced persons, but also the ends of justice. Accordingly, it will take the decision on the transfer of sentenced persons in each individual case on the basis of all punitive purposes underlying its criminal law.
Period covered: 1/2/1992 -
The preceding statement concerns Article(s): -
Declaration contained in a letter from the Permanent Representative handed over at the time of deposit of the instrument of ratification on 31 October 1991 - Or. Ger./Eng..
The Federal Republic of Germany interprets the Convention as creating rights and obligations between the Parties only, no claims or subjective rights accruing to sentenced persons and no such claims or rights having to be created.
Period covered: 1/2/1992 -
The preceding statement concerns Article(s): -
Declaration contained in a letter from the Permanent Representative handed over at the time of deposit of the instrument of ratification on 31 October 1991 - Or. Ger./Eng..
The Federal Republic of Germany will take charge of enforcing sentences in accordance with the Convention only on condition that
a) the sentence was imposed in a trial conforming to the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms and its supplementary protocols where these are in force for the Federal Republic of Germany,
b) no judgment or decision having similar legal effects has been passed against the person prosecuted for the same offence in the Federal Republic of Germany,
c) enforcement of the sentence is not barred under the law applicable in the Federal Republic of Germany due to lapse of time or would not be so barred after analogous conversion of the facts.
Period covered: 1/2/1992 -
The preceding statement concerns Article(s): 3
Declaration contained in a letter from the Permanent Representative handed over at the time of deposit of the instrument of ratification on 31 October 1991 - Or. Ger./Eng..
The Federal Republic of Germany will transfer enforcement of judgments in accordance with the Convention to other member States only if it is guaranteed that
a) the sentenced person is prosecuted, sentenced, detained for the enforcement of a penalty or detention order or subjected to any other restriction of his personal liberty in respect of an offence other than that underlying the transfer and committed before the surrender only in the following cases:
aa) if the Federal Republic of Germany consents or
bb) if the transferred person has not left the territory of the administering State within 45 days of his final discharge despite having had the opportunity to do so or if, having left such territory, has returned there,
and
b) the administering State will not prosecute again or enforce a new sentence in respect of the offence underlying the judgment.
Period covered: 1/2/1992 -
The preceding sta
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