Transfer of Sentenced Persons — Definition and Distinctions

Term

Transfer is the general term for the physical handover of a person from one state to another on the basis of a legal basis. In the broader sense it covers both classic extradition (for the purpose of prosecution or enforcement of a sentence) and surrender under the European Arrest Warrant (which in EAW law is technically referred to as "surrender") as well as the transfer of sentenced persons under the Council of Europe Convention on the Transfer of Sentenced Persons.

Distinction from extradition

In the narrower sense, "transfer" denotes the transfer of sentenced persons — the serving of a sentence imposed abroad in the person's home state. This must be distinguished from extradition for the purpose of prosecution: in extradition the requested person is to be tried in the requesting state; in a transfer the person has already been convicted there and is to serve the sentence in their home state.

EAW special case: "surrender"

In EAW law the term "surrender" is deliberately set apart from "extradition" in order to emphasize the simplified nature of the procedure, which is based on mutual recognition. In substance it nonetheless constitutes a form of transfer.

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