Treaty between the Republic of Kazakhstan and Romania on the transfer of the sentenced persons (Bucharest, november 14, 2014)

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Treaty
between the Republic of Kazakhstan and Romania
on the transfer of the sentenced persons
(Bucharest, november 14, 2014)

The Republic of Kazakhstan and Romania, hereinafter called «Parties»,

Desiring to promote an effective cooperation between both Parties on the transfer of the sentenced persons for the purpose of facilitating their rehabilitation and social reintegration,

Considering that this purpose can be achieved through the conclusion of the bilateral Treaty establishing the possibility for the sentenced persons to serve their sentence within the social environment of origin,

Having also in view the provisions of other international treaties applicable,

Have agreed the following:

Article 1
General principles

1. The Parties undertake to mutually grant, in the conditions laid down by this Treaty, the largest possible cooperation in the field of the transfer of sentenced persons.

2. A sentenced person on the territory of any of the Parties may be transferred, according to the provisions of this Treaty, on the territory of the other Party, in order to execute the applied sentence. To this effect, that sentenced person or his legal representative can express, either to the Sentencing state, or to the Executing state, his/her wish to be transferred based on this Treaty.

3. The transfer may be asked either by the Sentencing state, or by the Executing state, ex officio or as a result of the intention expressed by the sentenced person to this effect.

Article 2
Definitions

For the purpose of this Treaty:

a) a «sentenced person» means any person, inclusively a minor, that is serving a sentence for imprisonment on the territory of any Party;

b) «sentence» means any final court decision imposing an imprisonment penalty for committing an offence;

c) «sentencing state» means the Party in which a sentence has been rendered on a person and where the person may be transferred from;

d) «executing state» means the Party on whose territory the sentenced person may be transferred or has already been transferred in order to execute an imprisonment penalty;

e) «citizen» means, for the Republic of Kazakhstan, a Kazakhstan citizen and, for Romania, a Romanian citizen or a person who has been legally residing continuously for at least five (5) years and will retain a permanent right of residence on the Romanian territory.

Article 3
Central Authorities

1. For the purposes of this Treaty, the Parties shall communicate with each other directly through the Central Authorities.