National procedures re enforcement of sentences imposed

Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 85e
Domestic enforcement proceedings

(1) The sentenced person is, as a general rule, to be transferred to the other Member State within 30 days following that Member State’s decision to take on enforcement of the sanction involving deprivation of liberty.

(2) The German enforcing authority dispenses with enforcement if the other Member State has taken on and carried out the enforcement. It may resume enforcement as soon as the other Member State has given notification that the sentenced person has escaped from prison.

(3) If the other Member State requests consent to prosecute another offence or permission to enforce a penalty or other sanction for another offence, then that agency is competent to give the decision on consent which would be competent to authorise extradition. Consent is given if extradition in accordance with section 79 (1) would have to be authorised for the other offence. Section 78 (1) and sections 79 (2) to 83b apply accordingly. In lieu of the documentation referred to in section 83a (1), a certificate issued by the competent agency in the other Member State containing the particulars referred to in section 83a (1) suffices for consent to be given. A decision on consent is, as a general rule, to be given within 30 days after the enforcing authority receives the documentation containing the particulars referred to in section 83a (1).

Section 90d Documentation

(1) Enforcement of a foreign judgment and supervision of the probation measures or alternative sanctions imposed in that judgment under the provisions of the Framework Decision on Supervision of Probation are only permissible if the other Member State has transmitted the original or a certified copy of the judgment and, where applicable, of the probation decision together with a fully completed certificate which corresponds to the form in Annex I of the Framework Decision on Supervision of Probation, as amended.

(2) Where the certificate referred to in subsection (1) is submitted but is incomplete, the competent authority may dispense with requiring submission of a completed certificate if the required particulars can be drawn from the judgment to be enforced or from other accompanying documentation.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

2.

(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.