Traslado del condenado a otro Estado

Eslovaquia

Criminal Procedure Code No. 301/2005 Coll. - Part Five: Legal Relations with Abroad

CHAPTER THREE
ENFORCEMENT OF DECISION IN RELATION TO OTHER COUNTRIES

Division Two
Transfer of sentenced person to serve prison sentence

Section 523
Transfer of sentenced person abroad to serve prison sentence

(1) The Ministry of Justice shall have the authority to take the decision, on the basis of an international treaty, to transfer abroad a person sentenced by a Slovak court to a prison sentence.

(2) Such transfer may be granted upon the motion by the sentenced person, the State of transfer or the court which imposed the sentence in the first instance. If the motion was not made by the competent court, the granting of transfer shall be conditional on the court’s agreement.

(3) When the transfer is allowed, the district court, in the district of which the person serves the imprisonment sentence, shall issue the order to transfer the sentenced person to foreign authorities or the order to transfer the sentenced person abroad.

(4) The transfer of the sentenced person to serve the sentence in another State shall result in the loss of the jurisdiction of the Slovak authorities to continue the enforcement of the sentence, unless the sentenced person shall return to the Slovak Republic without having served the sentence in the State of transfer in full or without being paroled there. If, after the return of the sentenced person, the enforcement shall be continued, the sentence already served abroad shall be counted against the sentence to be enforced.

(5) With the exception of paragraph 3 these provisions shall be applied mutatis mutandis to the transfer of the enforcement of the prison sentence imposed by a Slovak court to another State if the sentenced is already in the territory of that State.

Estatuto de Roma

Artículo 104 Cambio en la designación del Estado de ejecución

1. La Corte podrá en todo momento decidir el traslado del condenado a una prisión de un Estado distinto del Estado de ejecución.

2. El condenado podrá en todo momento solicitar de la Corte su traslado del Estado de ejecución.