Contract between the Republic of Austria and the Kingdom of Thailand over the commitment of condemned persons and co-operation with carrying out criminal sanctions (NR: GP XVIII check valve 976 STARTING FROM 1158 P. 131. BR: STARTING FROM 4629 P. 574.) Kundmachungsorgan BGBl.Nr. 443/1994 ST0129 Type S Part 0 Date 19940614
The national council decided: The conclusion of the following state contract is approved. (translation) CONTRACT BETWEEN THE REPUBLIC OF AUSTRIA AND THE KINGDOM OF THAILAND] OVER THE COMMITMENT OF CONDEMNED PERSONS AND CO-operation WITH CARRYING OUT CRIMINAL SANCTIONS The Republic of Austria and the Kingdom of Thailand; desiring to co-operate with carrying out criminal sanctions and to facilitate the successful reintegration of condemned persons into the society; and in the consideration that these goals are to be fulfilled, as opportunity is given to foreigners, because of committing a punishable action their liberty is extracted from who, to serve the sanctions in their homeland, imposed against them,; agreed as follows:
Article 1 Definitions
In the sense of the present Treaty the expression a), designates transferring state '' the Contracting Party, from that the condemned person to be transferred can or transferred is b), taking over state '' the Contracting Party, into which the condemned person can be transferred for the execution of the sanction imposed over it or one transferred; c), person condemned '' a person, which gefaellten due to one of a court in practice of its criminal court barness decision in the transferring state in a penal institution, a hospital or any other institute to be continued are; d), sanction '' each liberty-extracting punishment or measure, which was imposed by a court in practice of its criminal court barness for a certain time or on indefinite time.
Article 2 General principles
One in the territory of a Contracting Party condemned person can be transferred after the present Treaty for the execution of the sanction imposed over it into the territory of the other Contracting Party.
Article 3 Range of application
The application of the present Treaty is subject to the following conditions: a) that the actions or omissions, on whose account the sanction was imposed would represent a punishable action after the right of the taking over state to represent or, if they had been committed in its territory; b) that the condemned person of citizens of the taking over state is; c) that the condemned person was not condemned because of a punishable action approximately (i) the internal or outside security of the state; (ii) the head of state or a member of its family; (iii)the legislation for the protection of the national art treasures; d) that it acts with the sanction imposed over the condemned person around an imprisonment, stopping or any other form of liberty withdrawal in any institute: (i) on lifelong time; (ii) on indefinite time, or (iii) on certain time, whereby at the time of the request for commitment at least still another one year must have to be served; e) that the condemned person is not transferred, before she served if necessary a minimum period of the imprisonment, stopping or the other liberty withdrawal fixed by the right of this state in the transferring state; f) that the decision is pending validly and concerning no further or other procedure punishable action or another punishable action in the transferring state, and g) that the transferring and the taking over state as well as the condemned person of the commitment agree; thereby can if one of the two Contracting Parties considering their age or their physical or mental condition for necessary judge this, which entitled agreement of the condemned person from one to their agency person is given
Article 4 Transferral procedure
(1) both Contracting Parties will be endeavored, those persons, on whom the present Treaty application finds to inform from substantial contents of the contract. (2) each commitment after the present Treaty is introduced on diplomatic way by a written request of the taking over state to the transferring state. For this purpose the condemned person can address a request for commitment to the taking over state. If the transferring State of the request agrees, it informs hievon the taking over state on diplomatic way and introduces the procedure for the execution of the commitment. (3) the transferring state puts the following information to the taking over state at the disposal: a) a representation of circumstances, which are the basis for the sanction; in particular name, date of birth and place of birth of the condemned person; b) the time of the completion of the execution, which duration of the sanction already served by the condemned person and all charge times, on which it due to performed work, good guidance, Vorhaft has or for other reasons requirement; c) a certified copy concerning of all judgements and sanctions the condemned person since the time of their arrest in the transferring state as well as the underlying statutes; d) each additional information, for which the taking over state asks. (4) each Contracting Party puts as far as possible on their request all expedient information, documents or representations to the other Contracting Party at the disposal, before it sets or on it decides a request to commitment whether it agrees the commitment or not. (5) the transferring state gives opportunity to the taking over state on its desire to make sure by one of this certain official before the commitment that the agreement was given to the condemned person for commitment in accordance with article 3 (g) the present Treaty voluntarily and in full knowledge of the consequences. (6) the commitment of the condemned person by the authorities of the transferring state to those of the taking over state takes place at one time and at a place in the transferring state, which the two Contracting Parties agree upon.
Article 5 Retention of the jurisdiction
Regarding after the present Treaty to carrying out sanctions the transferring state keeps concerning the exclusive jurisdiction the judgements of its courts, those from these imposed sanctions and all procedures for the resumption, alteration or abolition of the such judgements and sanctions.
Article 6 Procedure for carrying out the sanction
(1) the continued execution of the sanction after the commitment arranges itself after the laws and procedural specifications of the taking over state, including those, which regulate the conditions of the execution of the imprisonment, stopping or the other liberty withdrawal, and that one over the decrease of the imprisonment, stopping or the other liberty withdrawal by punishing deduction, caused dismissal or in other way. (2) without prejudice to paragraph 3 of this article the taking over state is bound on the right nature and duration of the sanction, as they were specified by the transferring state. (3) no liberty-extracting sanction is carried out by the taking over state in a way that they transfer over in the judgement of the court state the determined duration go out. Carrying out corresponds as far as possible to the sanction imposed in the transferring state. (4) if the transferring State of the judgement or the sanction in accordance with article 5 of the present Treaty for the the subject of a resumption makes, amends or waives or the sanction on other way reduced, converts or terminates, then the taking over state, as soon as it is informed by the decision, leads these in accordance with this article through. (5) the taking over state can treat condemned persons, who are after its right young people, according to its right valid for young people, independently of which status has the condemned person after the right of the transferring state. (6) the taking over state informs the transferring state about the execution of the sanction, a) if the condemned person conditionally or after execution of the sanction will dismiss; b) if the condemned person before conclusion of the execution of the sanction from the detention flees; or c) if the transferring state around a report asks.
Article 7 Trnsportation of condemned persons
If a Contracting Party transfers a condemned person from a third state, the other Contracting Party with it co-operates for the easement of the Durchbefoerderung of the condemned person by its territory. The Contracting Party, that intends to make such Durchbefoerderung, brings these to the other Contracting Party to the attention of in advance. Article 8 Costs Cost, which develop with the application of the present Treaty, are borne, excluded from the taking over state the costs, which develop exclusively in the territory of the transferring state. Article 9 Temporal area of application The present Treaty applies to the execution of sanctions, which were imposed before or after its entry into force. Article 10 Final clauses (1) the present Treaty is subject to to ratification. It steps on the first day of the third monthly into strength, which after the month follows, in which the instruments of ratification was exchanged. The instruments of ratification are exchanged as soon as possible in Bangkok. (2) the present Treaty can be quit by each Contracting Party by notification to the other Contracting Party on diplomatic way. The notice becomes six months after the day of its a being enough effectively. TO URKUND ITS signed hiezu duly the authorized persons the present Treaty. HAPPENING to Vienna, on 8 September 1992 (2535 after Buddha), in duplicate in English language. For the Republic of Austria: Wolfgang Schallenberg m. p. For the Kingdom of Thailand: Somboon Sangiambut m. p. Of the Federal President and by the Federal Chancellorcountersigned instrument of ratification signed on 20 May 1994 was exchanged; the contract steps in accordance with its kind. 10 Abs. 1 with 1 August 1994 in strength. Vranitzky
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