§Nyílt Jogtár

2021. évi LXXII. törvény a Magyarország és a Tádzsik Köztársaság között létrejött, az elítélt személyek átszállításáról szóló egyezmény kihirdetéséről

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2021. évi LXXII. törvény

a Magyarország és a Tádzsik Köztársaság között létrejött, az elítélt személyek átszállításáról szóló egyezmény kihirdetéséről

1. § Az Országgyűlés e törvénnyel felhatalmazást ad a Magyarország és a Tádzsik Köztársaság között létrejött, az elítélt személyek átszállításáról szóló egyezmény (a továbbiakban: Egyezmény) kötelező hatályának elismerésére.

2. § Az Országgyűlés az Egyezményt e törvénnyel kihirdeti.

3. § (1) Az Egyezmény hiteles magyar nyelvű szövegét az 1. melléklet tartalmazza.

(2) Az Egyezmény hiteles angol nyelvű szövegét a 2. melléklet tartalmazza.

4. § (1) Ez a törvény – a (2) bekezdésben meghatározott kivétellel – a kihirdetését követő napon lép hatályba.

(2) A 2. §, a 3. §, az 1. melléklet és a 2. melléklet az Egyezmény 21. cikk (1) bekezdésében meghatározott időpontban lép hatályba.

(3) Az Egyezmény, illetve a 2. §, a 3. §, az 1. melléklet és a 2. melléklet hatálybalépésének naptári napját a külgazdasági és külügyminiszter – annak ismertté válását követően – a Magyar Közlönyben haladéktalanul közzétett közleményével állapítja meg.

5. § Az e törvény végrehajtásához szükséges intézkedésekről az igazságügyi miniszter gondoskodik.

1. melléklet a 2021. évi LXXII. törvényhez

MAGYARORSZÁG ÉS A TÁDZSIK KÖZTÁRSASÁG KÖZÖTT LÉTREJÖTT EGYEZMÉNY AZ ELÍTÉLT SZEMÉLYEK ÁTSZÁLLÍTÁSÁRÓL

PREAMBULUM

Magyarország és a Tádzsik Köztársaság, a továbbiakban együttesen: „a Felek”,

azt óhajtva, hogy a büntetőjog terén a nemzetközi együttműködést továbbfejlesszék;

tekintettel arra, hogy ennek az együttműködésnek hozzá kell járulnia a megfelelő igazságszolgáltatáshoz és az elítélt személyek társadalmi beilleszkedéséhez;

figyelembe véve, hogy ezek a célok megkívánják, hogy a bűncselekmény elkövetése következtében szabadságuktól megfosztott külföldiek lehetőséget kapjanak büntetésüknek saját társadalmukban való letöltésére;

felismerve, hogy ez a cél a saját országaikba való átszállításukkal érhető el legjobban;

megállapodtak az alábbiakban:

2. melléklet a 2021. évi LXXII. törvényhez

TREATY BETWEEN HUNGARY AND THE REPUBLIC OF TAJIKISTAN ON THE TRANSFER OF SENTENCED PERSONS

PREAMBLE

Hungary and the Republic of Tajikistan, hereinafter referred to as “the Parties”,

desirous of further developing international co-operation in the field of criminal law;

considering that such cooperation should contribute to the proper administration of justice and contribute to the social rehabilitation of sentenced persons;

taking into account that these objectives require that foreigners who are deprived of their liberty as a result of their commission of a criminal offence should be given the opportunity to serve their sentences within their own society;

recognizing that this aim can best be achieved by having them transferred to their own countries;

have agreed to the following:

Article 1

Definitions

For the purpose of this Treaty:

1. “Sentence” means any final punishment or measure involving deprivation of liberty pronounced by a court for a limited or unlimited period of time on account of a criminal offence;

2. “Judgment” means a decision or order of a court imposing a sentence;

3. “Sentencing Party” means the Party that imposed the sentence on the person who may be, or has been, transferred;

4. “Administering Party” means the Party to which the sentenced person may be, or has been, transferred in order to serve his sentence.

Article 2

General Principles

1. The Parties undertake to afford each other the widest measure of co-operation in respect of the transfer of sentenced persons in accordance with the provisions of this Treaty.

2. A person sentenced in the territory of a Party may be transferred to the territory of the other Party, in accordance with the provisions of this Treaty, in order to serve the sentence imposed on him. To that end, he may express his interest to the sentencing Party or to the administering Party in being transferred under this Treaty.

3. Transfer may be requested by either the sentencing Party or the administering Party.

Article 3

Conditions for Transfer

1. A sentenced person may be transferred under this Treaty only on the following conditions if:

(a) that person is a citizen of the administering Party;

(b) the judgment is final;

(c) at the time of receipt of the request for transfer, the sentenced person still has at least one year of the sentence to serve or if the sentence is indeterminate;

(d) the transfer is consented to by the sentenced person or, where in view of his age or his physical or mental condition one of the Parties considers it necessary by the sentenced person's legal representative;

(e) the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the national law of the administering Party or would constitute a criminal offence if committed on its territory; and

(f) the Parties agree to the transfer.

2. In exceptional cases, the Parties may agree to a transfer even if the time to be served by the sentenced person is less than that specified in paragraph 1 (c).

Article 4

Obligation to Inform

1. Any sentenced person to whom this Treaty may apply shall be informed by the sentencing Party of the substance of this Treaty.

2. If the sentenced person has expressed an interest to the sentencing Party in being transferred under this Treaty, that Party shall so inform the administering Party as soon as practicable after the judgment becomes final.

3. The information shall include:

(a) the name, date and place of birth of the sentenced person;

(b) his address, if any, in the territory of the administering Party;

(c) a statement of the facts upon which the sentence was based;

(d) the nature, duration and date of commencement of the sentence.

4. If the sentenced person has expressed his interest to the administering Party, the sentencing Party shall, on request, communicate to the administering Party the information referred to in paragraph 3 of this Article.

5. The sentenced person shall be informed, in writing and in a language which he understands of any decision taken by either Party on a request for transfer.

Article 5

Central Authorities of the Parties

1. For the purposes of this Treaty, the Central Authorities designated by the Parties, shall communicate directly.

2. Central Authorities are:

for Hungary – the Ministry of Justice;

for the Republic of Tajikistan – the General Prosecutor's Office.

3. Parties shall inform each other of any change related to the Central Authorities through diplomatic channels.

Article 6

Request and Supporting Documentation

1. Requests for transfer and responses shall be made in writing.

2. The administering Party, if requested by the sentencing Party, shall furnish it with:

(a) a document or statement indicating that the sentenced person is a citizen of that Party;

(b) a copy of the relevant law of the administering Party which provides that the acts or omissions on account of which the sentence has been imposed by the sentencing Party constitute a criminal offence according to the national law of the administering Party, or would constitute a criminal offence if committed on its territory;

3. If a transfer is requested, the sentencing Party shall provide the following documents to the administering Party, unless either Party has already indicated that it will not agree to the transfer:

(a) the original or a certified copy of the judgment and extract of the relevant legal provisions;

(b) a statement indicating how much of the sentence has already been served, including information on any pre-trial detention, remission, and any other factor relevant to the enforcement of the sentence;

(c) a declaration containing the consent to the transfer as referred to in Article 3 paragraph 1(d);

(d) where appropriate, any medical or social reports (including the conduct of the sentenced person during his detention) on the sentenced person, information about his treatment in the sentencing Party, and any recommendation for his further treatment in the administering Party;

4. Either Party may ask to be provided with any of the documents or statements referred to in paragraphs 2 or 3 of this Article before making a request for transfer or taking a decision on whether to agree to the transfer.

Article 7

Consent

1. The sentencing Party shall ensure that the person required to give consent to the transfer in accordance with Article 3 paragraph 1(d) does so voluntarily and with full knowledge of the legal consequences thereof. The procedure for giving such consent shall be governed by the national law of the sentencing Party.

2. The sentencing Party shall afford an opportunity to the administering Party to verify through a consular or other official agreed upon with the administering Party, that the consent is given in accordance with the conditions set out in this Article.

Article 8

Effects of Transfer for the Sentencing Party

1. The taking into charge of the sentenced person by the authorities of the administering Party shall have the effect of suspending the enforcement of the sentence in the sentencing Party.

2. The sentencing Party may no longer enforce the sentence once the administering Party considers enforcement of the sentence to have been completed.

Article 9

Effect of Transfer for the Administering Party

1. The competent authorities of the administering Party shall convert the sentence, through a judicial procedure, into a decision of that Party, thereby substituting for the sanction imposed in the sentencing Party a sanction prescribed by the law of the administering Party for the same offence, under the conditions set out in Article 10.

2. The enforcement of the sentence shall be governed by the national law of the administering Party and that Party alone shall be competent to take all appropriate decisions.

Article 10

Conversion of Sentence

1. When converting the sentence, the procedures provided for by the law of the administering Party shall apply. The competent court:

(a) shall be bound by the findings as to the facts insofar as they appear explicitly or implicitly from the judgment imposed in the sentencing Party;

(b) may not convert a sanction involving deprivation of liberty into a pecuniary sanction;

(c) shall deduct the full period of deprivation of liberty served by the sentenced person;

(d) shall not aggravate the penal position of the sentenced person, and shall not be bound by any minimum which the national law of the administering Party may provide for the offence committed.

2. If the conversion procedure takes place after the transfer of the sentenced person, the administering Party shall keep that person in custody or otherwise ensure his presence in the administering Party pending the outcome of that procedure.

Article 11

Pardon, Amnesty, Commutation

Each Party may grant pardon, amnesty or commutation of the sentence in accordance with its national laws.

Article 12

Review of Judgment

The sentencing Party alone shall have the right to decide on any application for review of the judgment.

Article 13

Termination of Enforcement

The administering Party shall terminate enforcement of the sentence as soon as it is informed by the sentencing Party of any decision or measure as a result of which the sentence ceases to be enforceable.

Article 14

Information on Enforcement

The administering Party shall provide information to the sentencing Party concerning the enforcement of the sentence:

(a) when it considers enforcement of the sentence to have been completed;

(b) if the sentenced person has escaped from custody before enforcement of the sentence has been completed; or

(c) if the sentencing Party requests a special report.

Article 15

Transit

1. A Party shall, in accordance with its national law, grant a request for transit of a sentenced person through its territory if such a request is made by the other Party and that Party has agreed with a third State on the transfer of that person to or from its territory.

2. A Party may refuse to grant transit if:

(a) the sentenced person is one of its citizens, or

(b) the offence for which the sentence was imposed is not an offence under its national law.

3. No request for transit shall be required if transport is by air over the territory of a Party and no landing is scheduled. If an unscheduled landing occurs on the territory of the other Party, that Party may require the request for transit as provided in Paragraph 1 of this Article. Custody of the transferred person is carried out by the competent authorities of the Party of transit.

4. The requested Party shall keep in custody the transited person in its territory according to its national law.

Article 16

Data Protection

1. Without prejudice to paragraph 2 of this Article, personal data can be gathered and transmitted only if it is necessary and proportionate for the purposes indicated in the request for legal assistance.

2. Personal data transferred from one Party to the other as a result of the execution of a request made under this Treaty, may be used by the Party to which such data have been transferred for the following purposes exclusively:

(a) for the purpose of the criminal proceedings in which the legal assistance was requested under this Treaty;

(b) for other judicial and administrative proceedings directly related to the proceedings mentioned under subparagraph (a);

(c) for preventing an immediate and serious threat to public security.

3. Such data may however be used for any other purpose if prior consent to that effect has been given by either the Party who transferred the data, or by the person subject of the data. The consent shall be given in accordance with the national law of the requested Party.

4. Any Party may refuse to transfer personal data obtained as a result of the execution of a request made under this Treaty where such data is protected under its national law.

5. At the request of the Party that transfers personal data obtained as a result of the execution of a request made under this Treaty the Party to which the data has been transferred shall give information on the use made with such data.

6. The personal data subject shall be enabled in accordance with the national law of the Parties:

(a) to request information regarding the processing of his personal data by the competent authorities;

(b) to request rectification, erasure or blocking of his personal data;

(c) to have remedy if his request is not complied with.

7. Personal data transferred under this Treaty shall be processed and deleted in line with the national law of the data receiving Party. Irrespective of these limits the data transferred shall be deleted as soon as it is no longer required for the purpose for which they were transferred.

8. This Article shall not prejudice the ability of the requested Party to impose additional conditions in a particular case where the particular request for assistance could not be complied with in the absence of such conditions. Where additional conditions have been imposed in accordance with this paragraph, the requested Party may require the requesting Party to give information on the use made of the evidence or information.

9. Where, following the disclosure to the requesting Party, the requested Party becomes aware of circumstances that may cause it to seek an additional condition in a particular case, the requested Party may consult with the requesting Party to determine the extent to which the evidence and information can be protected.

Article 17

Language and Costs

1. For the application of this Treaty, the information shall be transmitted in one of the following languages:

(a) Hungarian when addressed to Hungary;

(b) Tajik when addressed to the Republic of Tajikistan.

2. The documents transmitted in application of this Treaty shall be exempted from any legalization, authentication and other formality requirements.

3. Any costs incurred in the application of this Treaty shall be borne by the administering Party, except costs incurred exclusively in the territory of the sentencing Party, and costs related to the transportation of the sentenced person until the border of the administering Party, or in case of air transportation until the final destination of the journey. The Parties may agree otherwise in a specific case.

Article 18

Relation of the Treaty to the other International Agreements

1. The provisions of this Treaty shall not affect the commitments of the Parties envisaged by other bilateral or multilateral international agreements, or their membership in international organizations.

2. This Treaty shall not affect the obligations which may arise from the membership of Hungary in the European Union, consequently the provisions of the present Treaty shall not be invoked or interpreted in such a way as to invalidate or otherwise affect the obligations of Hungary imposed by the Treaties on which the European Union is founded.

Article 19

Scope of Effect

This Treaty shall apply to all requests for transfer submitted after the date of entry into force of this Treaty. Requests made under this Treaty shall also apply to sentences rendered prior to its entry into force.

Article 20

Settlement of Disputes

1. Any dispute which may arise in reference to the interpretation or application of this Treaty shall be settled by means of consultations between the Central Authorities.

2. Should they not reach an agreement, the dispute shall be settled by means of consultations through diplomatic channels.

Article 21

Entry into Force, Amendment and Termination

1. This Treaty shall enter into force on the thirtieth (30th) day following the receipt of the last notification through diplomatic channels, by which the Parties notify each other of the completion of the necessary internal legal procedures for the entry into force of this Treaty. This Treaty shall remain in force for an indefinite period of time.

2. This Treaty may be amended at any time by written agreement between the Parties. Any such amendment will enter into force in compliance with the procedure provided in paragraph 1 of this Article and will form part of this Treaty.

3. Either Party may denounce this Treaty at any time by giving written notification to the other Party through diplomatic channels. The termination shall be effective six (6) months after the date of the received notification. Termination of the effectiveness of this Treaty shall not effect transfer proceedings commenced prior to the termination.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Treaty.

Done on the 7th day of April, 2021, in Dushanbe, in two originals each in Hungarian, Tajik and English, all texts being equally authentic.

In case of divergence of interpretation of this Treaty, the English version shall prevail.

For Hungary

For the Republic of Tajikistan