Conditions assorties à la disposition à recevoir des condamnés

Slovaquie

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

CHAPTER THREE
ENFORCEMENT OF DECISION IN RELATION TO OTHER COUNTRIES

Division One
Recognition and enforcement of foreign decisions

Section 516
Conditions for recognition

(1) A foreign decision shall be recognised in the Slovak Republic if :

a) an international treaty includes a possibility or an obligation to recognise or enforce an foreign decision,
b) it is final in the State of conviction or if there is no possibility to lodge an ordinary remedy against it,
c) the act for which the penalty was imposed, is a criminal offence under both legal systems, that of the State of conviction and that of Slovak Republic,
d) the decision was made in proceedings which comply with the principles contained in Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms,
e) the person was not sentenced for a criminal offence which is exclusively of a political or military nature,
f) the enforcement of the sentence is not prescribed under the law of the Slovak Republic,
g) the person had not already been sentenced for the same act by the Slovak court,
h) no decision of another State in respect of the same person for the same act had been recognised in the Slovak Republic, and
i) the recognition is not contrary to the interests protected by section 481.

(2) If the reason for the proceedings on recognition is the procedure under second and third subsection of this chapter, the withdrawal by the convicted person at any stage of the proceedings of the consent with extradition is not an obstacle to recognition of the foreign decision, in cases where such consent is required, or if one of the other conditions of the procedure under second or third chapter lapsed. The section 519 para. 4 shall be used mutatis mutandis for the effects of that recognised decision.

Statut de Rome

Article 103 Rôle des États dans l'executino des peines d'emprisonnement

1.

b) Lorsqu'il déclare qu'il est disposé à recevoir des condamnés, un État peut assortir son acceptation de conditions qui doivent être agréées par la Cour et être conformes aux dispositions du présent chapitre.