Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

Division 2 Punishments
Sub-Division 5 Imposition and Execution of Individual Penalties

Section 57 Transfer of a Convict to another Type of Prison
(1) In the course of execution of a sentence of imprisonment may the court decide to transfer an offender to another type of prison, which may differ from the current prison the offender is serving the sentence in by one level.
(2) The court shall decide to transfer a convict to a prison with a lighter regime, if the behaviour of the convict and the manner of fulfilling his/her duties give reason to a conclusion that the transfer shall contribute to his/her reformation.
(3) The court shall decide to transfer a convict to a prison with stricter regime if
a) the convict significantly or repeatedly breached prescribed order or discipline, or
b) the convict was found guilty of a criminal offence committed during execution of the
sentence by a final decision.
(4) From a prison with increased security may not be transferred
a)a convict who was sentenced to imprisonment for life a who has not yet served at least
ten years of the sentence,
b)another convict who is serving the sentence in a prison with increased security before
serving at least one quarter of the imposed sentence.
(5) To a prison with supervision and with surveillance may not be transferred a convict who is to be submitted to a protective institutional treatment on the basis of a court decision, or a convict who was sentenced to banishment.
(6) The court may decide, upon a petition of a convict who has served at least one quarter of the imposed sentence in a prison of a certain type, but at least six months, to transfer him/her to a prison with lighter regime; this does not apply to a convict who was sentenced to imprisonment for life and is serving the sentence in a prison with increased security.
(7) If the petition according to sib-section (6) is not granted, the convict may repeat it no sooner than six months after conclusion of the proceeding on the former petition.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(f) The temporary transfer of persons as provided in paragraph 7;


(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i) The person freely gives his or her informed consent to the transfer; and

(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.

Article 103 Role of States in enforcement of sentences of imprisonment


(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.


(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

(b) The application of widely accepted international treaty standards governing the treatment of prisoners;

(c) The views of the sentenced person;

(d) The nationality of the sentenced person;

(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 107 Transfer of the person upon completion of sentence

1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.

2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.

3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.