Convention on the Transfer of Sentenced Persons

Legal basis

The European Convention on the Transfer of Sentenced Persons of 21 March 1983 (ETS No. 112, BGBl. 1991 II p. 1006) allows sentenced persons to serve a prison sentence imposed abroad in their home state. The aim is rehabilitation through enforcement in a familiar social and linguistic environment. In Germany it is implemented by Sections 48 ff. IRG.

Requirements

A transfer requires: nationality of, or habitual residence in, the state of transfer; a final and binding conviction to a prison sentence; the consent of the sentenced person (exception: Article 3 of the 1997 Additional Protocol); dual criminality; and a minimum remaining sentence of 6 months.

Taking over enforcement

The administering state has two options: (1) continued enforcement — the foreign sentence is enforced under the rules of the state's own law; or (2) conversion of the sentence — the foreign sentence is converted into a corresponding sentence under the state's own law. Germany generally applies the continued-enforcement method.

← Back to the glossary index