28 September 2010
(Unofficial Translation)
Treaty
between
the Kingdom of Thailand
and
the Kingdom of Denmark
on
the Transfer of Offenders and on Co-operation
in the Enforcement of Penal Sentences
_________
The Kingdom Of Thailand and the Kingdom of Denmark;
Taking into consideration the laws and regulations in force regarding law enforcement of the Parties and the desirability of enhancing their cooperative efforts in law enforcement and the administration of Justice; and
Desiring to cooperate in the enforcement of penal sentences by enabling offenders to serve sentences of imprisonment, confinement or other forms of deprivation of liberty in the country of which they are nationals, thereby facilitating their successful reintegration into society;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Treaty:
(a) "transferring State" means the Party from which the offender may be, or has been, transferred;
(b) "receiving State" means the Party to which the offender may be, or has been, transferred;
(c) "offender" means a person who, in the territory of the transferring State, has been convicted of a crime and sentenced to a term of imprisonment, confinement, or other form of deprivation of liberty, whether or not under conditional release, probatioin or other form of supervision without confinement. The term shall include a person subject to detention in a hospital or any other institution in the transferring State by virtue of an order made by a court of that state on account of a criminal offence. The term shall also include a person subject to confinement, custody or supervision under the law of the transferring State respecting juvenile offenders.
(d) "sentence" means any punishment or measure involving deprivation of liberty ordered by a court of the transferring State for a limited or unlimited period of time on account of a criminal offence.
Article 2
General Principles
An offender sentenced in the territory of one Party may be transferred to the territory of the other Party in accordance with the provisions of this Treaty in order to serve the sentence imposed on him.
Article 3
Scope of Application
The application of this Treaty shall be subject to the following conditions, namely that:
(a) the acts or omissions on account of which the sentence has been imposed constitute the essential elements of a criminal offence according to the law of the receiving State or would constitute such elements of a criminal offence if committed on its territory;
(b) the offender is a national of the receiving State;
(c) the offender was not sentenced in respect of an offence under the law of Thailand:
- against the internal or external security of the state;
-
against the Monarch, his Consort or his sons or daughters; or
- against legislation protecting national art treasures;
(d) the sentence imposed on the offender is one of imprisonment, confinement or any other form of deprivation of liberty:
- for life;
- for an indeterminate period including the deprivation of liberty on
account of mental incapacity; or
- for a fixed period of which at least one year remains to be served at the time of the request for transfer;
(e) an offender may not be transferred unless he has served in the transferring State any minimum period of imprisonment, confinement or any other form of deprivation of liberty stipulated by the law of the transferring State;
(f) the judgment is final and no other legal proceedings relating to the offence or any other offence are pending in the transferring State;
(g) the transferring and receiving States and the offender all agree to the transfer, provided that, where in view of his age or physical or mental condition either Party considers it necessary, the offender's consent may be given by a person entitled to act on his behalf;
(h) the transfer of the offender does not prejudice either Party's sovereighty, security, order public other essential interests;
(i) if under the law of the receiving State, the competent court of the receiving State has to make a decision or judgement to enforce the sentence imposed on the offender by the court of the transferring State, the receiving State has to effect the said court decision or judgement prior to the transfer of the offender by the transferring State. In case the duration of the enforcement of the sentence imposed by the court of the receiving State is less than the remaining duration of the sentence which the offender has to serve, the transferring State has the right to refuse the request.
Article 4
Prodedure for Transfer
(1) Both Parties shall endeavour to inform offenders within the scope of this treaty of the substance of the Treaty.
(2) Every transfer under this Treaty shall be commenced through diplomatic channels by a written request from the receiving State to the transferring State. The transferring State shall inform the receiving State through the same channels and without delay of its decision on whether to approve or to refuse the request for transfer. If the transferring State approves the request, both Parties shall take all measures necessary for effectuating the offender's transfer.
(3) In deciding upon the transfer of an offender, each Party shall consider the following factors:
(a) The probability that transfer of the offender will contribute to the social rehabilitation or otherwise be in his best interest; and
(b) The nature and severity of the offence, including the effects of the offence within the transferring and receiving States and any mitigating and aggravating circumstances.
(4) The transferring State shall provide the receiving State with the following information:
(a) a statement of the facts upon which the sentence was based;
(b) the termination date of the sentence, the length of time already served by the offender and any credits to which he is entitled on account of work done, good behaviour, pretrial confinement or other reasons;
(c) a certified copy of all judgements and sentences concerning the offender and of the law on which they are based;
(d) any other additional information requested by the receiving State so far as such information may be of significance for the offender's transfer and for the execution of his sentence.
(5) Either Party shall, as far as possible, provide the other Party, if it so requests, with any relevant information, documents or statements before making a request for transfer or taking a decision on whether or not to agree to the transfer.
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