(6) The transferring State shall afford an opportunity to the receiving State, if the receiving State so desires, to verify through an official designated by the receiving State, prior to the transfer, that the necessary consent of the offender or of a person entitled to act on his behalf to the transfer in accordance with Article 3 (g) of this Treaty is given voluntarily and with full knowledge of the legal consequences thereof.
(7) Delivery of the offender by the authorities of the transferring State to those of the receiving State shall occur on a date at a place within the transferring State agreed upon by both Parties.
Article 5
Retention of Jurisdiction
(1) Where sentences are enforced pursuant to this Treaty, the transferring State shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them and any procedures for revision, modification or cancellation of those judgments and sentences.
(2) The transferring State may, in an individual case, make the offender's transfer dependent on the condition that pardons and amnesties in the receiving State shall only be granted with the consent of the transferring State.
Article 6
Procedure for Enforcement of Sentence
(1) The continued enforcement of the sentence after transfer shall be governed by the laws and procedures of the receiving State, including those governing conditions for service of imprisonment, confinement or other deprivation of liberty, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release, remission or otherwise.
(2) Subject to paragraph (3) of this Article, the receiving State shall be bound by the legal nature of the sentence as determined by the transferring State.
(3) No sentence of deprivation of liberty shall be enforced by the receiving State in such a way as to extend it beyond the period specified in the sentence of the court of the transferring State. Such enforcement shall as far as possible correspond with the sentence imposed in the transferring State.
(4) If the transferring State revises, modifies or cancels the judgment or sentence pursuant to Article 5 of this Treaty or otherwise reduces, commutes or terminates the sentence, the receiving State shall upon being notified of the decision give effect thereto in accordance with this Article.
(5) The Receiving State may treat under its law relating to juveniles any offender so categorized under its law regardless of his status under the law of the transferring State. For this purpose, the sentence or conditions of punishment so imposed upon the juvenile offender shall not be more severe than the sentence or conditions of punishment imposed on the offencer in the transferring State.
(6) The authorities of either Party shall at the request of the other Party provide reports indicating the status of all offenders transferred under this Treaty, including in particular, the parole or release of any offender. Either Party may, at any time, request a special report on the status of the enforcement of an individual sentence.
Article 7
Transit of Offenders
(1) If either Party transfers an offender from any third State, the other Party shall cooperate in facilitating the transit through its territory of such an offender. The Party intending to make such a transfer shall give advance notice to the other Party of such transit.
(2) Either Party may refuse to grant transit:
(a) if the offender is one of its own nationals, or
(b) If the act for which the sentence was imposed does not constitute a criminal offence under its own law.
Article 8
Expenses
The expenses incurred in the transfer of the offender or in the enforcement of the sentence after transfer shall be borne by the receiving State. The receiving State may, however, seek to recover all or part of the cost of transfer from the offender.
Article 9
Language
Requests for transfer as well as the documents and declarations under Article 4, paragraphs 4 and 5, and under Article 6, paragraph 4, shall be furnished in the language of the transferring State.
Article 10
temporal Application
This treaty shall be applicable to the enforcement of sentences imposed either before or after its entry into force.
Article 11
Final Provisions
(1) This Treaty shall be subject to ratification and shall enter into force on the date on which instruments of ratification are exchanged. This exchange of instruments shall take place at Copenhagen as soon as possible.
(2) This Treaty shall remain in force for five years from the date upon which it enters into force. Thereafter, the Treaty shall continue in force until six months from the date upon which either Party gives written notice to the other Party of its intention to terminate it.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Treaty.
DONE at Bangkok, this Twenty-first day of June, Nineteen Ninety-nine in duplicate, in the Thai, Danish and English languages, all three texts being authentic, In case of divergent interpretations of the Thai and Danish texts, the English text shall prevail.
For the Kingdom of Thailand For the Kingdom of Denmark
(M.R. Sukhumbhand Paribatra) (Niels Kaas Dyrlund)
Deputy Minister of Foreign Affairs Ambassador Extraordinary
and Plenipotentiary
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