PART TWO COURSE OF PROCEDURE
PROCEDURE FOR EXTRADITION OF ACCUSED AND CONVICTED PERSONS, AND PROCEDURE FOR TRANSFER OF CONVICTED PERSON
2. The procedure for transfer of the convicted persons
The procedure for the transfer of the convicted person shall be performed in accordance with the provisions from this law in line with the European Convention for transfer of the convicted person with the Additional Protocol and with the others International treaties ratified in accordance with the Constitutions of the Republic of Macedonia.
(1) The convicted person who is not citizen of Republic of Macedonia can submit request for execution of sanction on the territory of other country which has to be with in accordance with the Convention from the article 525-a of this Law
(2) The requests and the replies related with the procedure for transfer are referred through the Ministry of Justice.
(3) The reply on the request with which the transfer was granted will be handed over to the Ministry of interior Affairs as well, and the convicted person will be escorted to organs of the other foreign state by the MOI .
(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;
(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.
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.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.