Europees Verdrag inzake de internationale geldigheid van strafvonnissen
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Albanië | Ja | Nee |
België | Ja | Nee |
Bulgarije | Ja | Nee |
Cyprus | Ja | Nee |
Denemarken | Ja | Nee |
Estland | Ja | Nee |
Georgië | Ja | Nee |
IJsland | Ja | Nee |
Letland | Ja | Nee |
Litouwen | Ja | Nee |
Moldavië | Ja | Nee |
Montenegro | Ja | Nee |
Nederlanden, het Koninkrijk der | Ja | Nee |
Noorwegen | Ja | Nee |
Oekraïne | Ja | Nee |
Oostenrijk | Ja | Nee |
Roemenië | Ja | Nee |
San Marino | Ja | Nee |
Servië | Ja | Nee |
Slovenië | Ja | Nee |
Spanje | Ja | Nee |
Turkije | Ja | Nee |
Zweden | Ja | Nee |
Albanië
22-10-2003
In accordance with Article 19, paragraph 2, of the Convention, the Republic of Albania
reserves the right to require that requests and supporting documents be accompanied
by a translation into the Albanian language.
In accordance with Article 61, paragraph 1, of the Convention, the Republic of Albania
reserves the right:
a) to refuse enforcement if it considers that the sentence relates to a fiscal or
religious offence (Appendix I, a);
b) to refuse enforcement of a sanction for an act which according to the law of the
Republic of Albania could have been dealt with only by an administrative authority
(Appendix I, b);
c) to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under its own law, the criminal proceedings
in respect of the offence punished by the judgment would have been precluded by the
lapse of time (Appendix I, c);
d) to refuse the application of the provisions of Article 8 where this State has an
original competence and to recognise in these cases only the equivalence of acts interrupting
or supending time limitation which have been accomplished in the requesting State
(Appendix I, e).
België
30-06-2010
Belgium reserves the right to refuse the enforcement of sanctions rendered in absentia
and ordonnances pénales (Appendix I, d).
In accordance with Article 19, paragraph 2, of the Convention, Belgium reserves the
right to require that the requests and supporting documents be accompanied by a translation
into French, Dutch, German or English.
Bulgarije
30-03-2004
In accordance with Article 19, paragraph 2, of the Convention, the Republic of Bulgaria
declares that the requests and accompanying documents shall be translated into Bulgarian
language.
In accordance with Article 61, paragraph 1, of the Convention, the Republic of Bulgaria
reserves the right :
a) to refuse enforcement if it considers that the sentence relates to a religious
offence (Appendix I, sub-paragraph a);
b) to refuse enforcement of a sanction for an act which according to the Bulgarian
law could have been dealt with only by an administrative authority (Appendix I, sub-paragraph
b);
c) to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under its own law, the criminal proceedings
in respect of the offence punished by the judgment would have been precluded by the
lapse of time (Appendix I, sub-paragraph c);
d) to refuse the enforcement of sanctions rendered in absentia and ordonnances pénales
(Appendix I, sub-paragraph d);
e) to refuse the application of the provisions of Article 8 where it has an original
competence and to recognise in these cases only the equivalence of acts interrupting
or suspending time limitation which have been accomplished in the requesting State
(Appendix I, sub-paragraph e).
Cyprus
03-03-1972
The Government of Cyprus wishes to avail itself of the reservations provided for in paragraphs a, b and d of Appendix I to the Convention.
Denemarken
03-03-1971
Denmark requires requests and supporting documents to be accompanied by a translation
into Danish or English.
As regards enforcement of the sanctions of fines, mitigated imprisonment, imprisonment
and confiscation, the Convention shall not apply as between Denmark and Finland, Norway
and Sweden, seeing that these matters have already been regulated by uniform legislation
in the four countries.
Under Danish law a fine cannot be converted into a sanction involving deprivation
of liberty on the ground that the fine cannot be exacted.
List of Sanctions applied and enforced in Denmark:
1. fines
2. confiscation
3. sentences involving deprivation of liberty:
a. imprisonment which may be inflicted for life or for a specified term, normally
covering not less than 30 days and not more than 16 years; where the term is three
months or over, the sentence is generally served in one of the large State prisons;
otherwise in one of the small local prisons;
b. youth prison, which if considered expedient, may be inflicted on persons between
15 and 21 years of age or, in appropriate cases, up to 23 years of age in lieu of
ordinary imprisonment; the penalty of youth prison is indeterminate; as a principal
rule release may take place at the earliest on the expiration of twelve months, the
maximum term being normally three years; such penalities are served in special youth
prisons;
c. simple detention, which is normally inflicted for a term ranging from seven days
to six months.
The Danish Criminal Code provides for application of the following measures in lieu
of punishment to persistent recidivists:
d. workhouses, which under conditions specified in sect. 62 of the Criminal Code may
be applied in lieu of imprisonment; sentences of commitment to workhouse are indeterminate;
release may take place at the earliest on the expiration of twelve months, the maximum
term being normally four years; the penalty is served in a special institution;
e. preventive detention, which under conditions specified in sect. 65 of the Criminal
Code may be applied in lieu of imprisonment to professional or habitual offenders,
if deemed necessary for reasons of public safety; the sentence is indeterminate; release
may take place only after the expiration of four years; preventive detention is served
in a special institution.
Finally, Chapter IX of the Criminal Code provides for measures applicable to persons
who are exempted from punishment owing to irresponsibility or to persons who, because
of psychic abnormality of a different nature, are considered imperious to influence
through punishment. In such cases, courts may decide in particular that the offender
concerned shall be committed to :
f. a mental hospital;
g. an institution for mental defectives, or
h. one of the special detention centres which have been established for psychopathic
offenders who are unsuitable for punishment. Such measures are indeterminate; their
cancellation requires a court order.
4. Mandatory or collateral effects of criminal sentences entailing deprivation or
restriction of freedom pronounced by criminal courts:
Section 78 of the Danish Criminal Code explicitly provides that a punishable offence
shall not involve suspension of civil rights, including the right to carry on a trade
or business under a licence. A person convicted of a punishable offence may, however,
be debarred from carrying on a business requiring a special public authorisation or
permission, if the offence carries with it an obvious risk of abuse of the position.
Refusal of an application for such authorisation or permission is made by the authority
which normally issues it; at the request of the person concerned, however, the question
shall be brought before a court for decision.
Under Section 79 of the Criminal Code the terms of a sentence may provide that the
right to continue to carry on a trade or business under a public authorisation or
permission shall be withdrawn or restricted if the offence committed carries with
it an obvious risk of abuse of the position. If warranted by special circumstances,
the same applies to the carrying on of a business requiring no public authorisation
or permission. The deprivation of such right is made for a period ranging from twelve
months to five years, or for the time being, in which latter case the question may
be reconsidered after the expiration of five years.
It follows from these provisions that sentences need not in all cases prevent the
granting of a public authorisation or permission or the exercise of a profession,
including academic activity. The facultative provision for depriving a convicted person
of the right to carry on a particular business is conditional on an obvious danger
of abuse.
A person who, owing to consumption of spirits, has not been able to drive a motor
vehicle in a fully safe manner shall normally be deprived of the right to drive a
motor vehicle. This shall apply also where the vehicle has been driven in a grossly
irresponsible manner or where, according to the nature of the offence and to the available
evidence on the offender's conduct as a driver of motor vehicles, it is found inadvisable,
having regard to road safety, for him to drive a motor vehicle. The licence is withdrawn
for a specified term of not less than six months, or for ever; in the case of driving
while under the influence of liquor, the minimum term is twelve months.
Estland
25-04-2001
Pursuant to Article 19, paragraph 2, of the Convention, the Republic of Estonia declares
that it requires that requests and supporting documents be accompanied by a translation
into Estonian or English.
Pursuant to Article 61, paragraph 1, of the Convention, the Republic of Estonia reserves
the right:
a) to refuse enforcement of a sanction for an act which, according to the law of the
Republic of Estonia, could have been dealt with only by an administrative authority;
b) to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under the law of the Republic of Estonia,
the criminal proceedings in respect of the offence punished by the judgment would
have been precluded by the lapse of time;
c) to refuse the enforcement of sanctions rendered in absentia and "ordonnances pénales".
Georgië
25-03-2002
In accordance with Article 19, paragraph 2, of the Convention, Georgia reserves the
right to require that requests for execution of the judgment and supporting documents
be accompanied by a translation into Georgian, English or Russian, if these documents
are not done in one of the above mentioned languages.
Georgia is unable to assume responsibility for the fulfilment of obligations imposed
by the Convention in the territories of Abkhazia and Tskhinvali region until the full
jurisdiction of Georgia is restored over these territories.
In accordance with Article 61, paragraph 1, of the Convention, Georgia reserves the
right :
a. to refuse enforcement of the judgment, if it considers that the sentence relates
to a fiscal offence;
b. to refuse enforcement of a sanction, for an act which according to the legislation
of Georgia could be dealt with only by an administrative authority;
c. to refuse enforcement of the judgment, which the authority of the requesting State
rendered on a date when, under Georgian legislation, the criminal proceedings in respect
of the offence punished by the judgment would have been precluded by the lapse of
time;
d. to refuse enforcement of sanctions rendered in absentia and ordonnances pénales;
e. to refuse the application of the provisions of Article 8 where Georgia has an original
competence and to recognise in these cases only the equivalence of acts interrupting
or suspending time limitation which have been accomplished in the requesting State.
IJsland
06-08-1993
Iceland requires that requests and supporting documents be accompanied by a translation
into Icelandic or English.
"Ordonnances Pénales" according to Icelandic legislation are : "Lögreglustjórasektir"
(Article 115 of the Act on Law of Criminal Procedure).
The Convention shall not apply to relations between Iceland and the other Nordic countries
party to the Convention except where the enforcement of a criminal judgement is not
governed by Nordic legislation concerning enforcement.
List of sanctions applied and enforced in Iceland :
1. Fines
Fines are imposed directly by court in fixed amounts.
2. Confiscation
Any object made through an offence or used to commit an offence may be confiscated
by the court unless it belongs to a person who had nothing to do with the offence.
The same applies with regard to an object which seems likely to be used for a criminal
purpose if it is considered necessary because of judicial safety. An object or gain
obtained through an offence or the value of such a gain which nobody has a legal claim
to may also be confiscated.
3. Disqualification
A criminal conviction does not involve disqualification unless this is expressly stated
in the judgement. Disqualification may consist of the loss of a right to hold a public
position if the person concerned is no longer considered worthy or competent for the
position. Disqualification may also consist of the loss of a right to perform certain
activities when the right depends on a public authorisation or licence, constitution
or examination, provided that the offence points to a significant risk of abuse of
the position. If the offence is of a grave nature a disqualification may be ordered
if the person concerned is not considered to be worthy of performing these activities
or enjoying these rights.
A person who, owing to alcohol use, has not been capable of driving a motor vehicle
in a safe manner shall normally be deprived of the right to drive a motor vehicle.
This applies also where the vehicle has been driven in a grossly irresponsible manner
or where, according to the nature of the offence or to the offender's conduct as a
driver of motor vehicles, it is considered inadvisable, having regard to road safety,
for him to drive a motor vehicle, the licence is withdrawn for a specified term of
not less than one month, or for life.
4. Sentences involving deprivation of liberty.
a. Imprisonment may be ordered for life or for a specified term according to the provisions
relating to the offence in question. The general provisions on minimum and maximum
fixed terms of imprisonment state that imprisonment cannot be ordered for less than
30 days or more than 16 years.
A prisoner serving a fixed term sentence of imprisonment may be released conditionally
on expiry of two thirds of the term or, where particular circumstances warrant it,
after having served half the term. Conditional release cannot be granted unless the
prisoner has served at least two months of his term nor may it be granted if the prisoner
has less than 30 days left to serve or if a release is considered inadvisable in view
of the prisoner's circumstances. There are no provisions about the conditional release
of a prisoner serving a life sentence.
The law relating to prisons and imprisonment provides that when deciding in which
penal institution imprisonment is to take place account should be taken of the age
and sex of the prisoner, where he lives and his criminal record.
b. Simple detention is ordered for a specified term ranging from five days to two
years. The same rules apply regarding conditional release as in the case of imprisonment.
c. Security measures may under certain conditions be imposed on abnormal offenders
who are exempted from punishment owing to irresponsibility and to persons who, because
of psychic abnormality, are considered impervious to influence through punishment.
Such sentences involving security measures and implying deprivation of liberty are
indeterminate and are served in a special institution or a hospital. Their termination
requires a court order.
Letland
29-07-2003
In accordance with Article 19, paragraph 2, of the Convention, the Republic of Latvia
declares that it requires that requests and supporting documents be accompanied by
a translation into Latvian language.
In accordance with Article 61, paragraph 1, of the Convention, the Republic of Latvia
reserves the right :
a) to refuse enforcement if it considers that the sentence relates to a fiscal or
religious offence;
b) to refuse enforcement of a sanction for an act which according to the law of the
requested State could have been dealt with only by an administrative authority;
c) to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under its own law, the criminal proceedings
in respect of the offence punished by the judgment would have been precluded by the
lapse of time;
d) to refuse the application of the provisions of Article 8 where this State has an
original competence and to recognise in these cases only the equivalence of acts interrupting
or supending time limitation which have been accomplished in the requesting State.
Litouwen
08-04-1998
In accordance with Article 19, paragraph 2, of the Convention, the Republic of Lithuania
declares that it reserves the right to require that requests and supporting documents
submitted to it, which are not drawn up in English, German, Russian or Lithuanian,
be accompanied by a translation into one of those languages.
In accordance with Article 61, paragraph 1, of the said Convention, the Republic of
Lithuania declares that it reserves the right:
a. to refuse enforcement, if it considers that the sentence relates to a fiscal offence;
b. to refuse enforcement of a sanction for an act which, according to the law of the
Republic of Lithuania, could have been dealt with only by an administrative authority;
c. to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under the law of the Republic of Lithuania,
the criminal proceedings in respect of the offence punished by the judgment would
have been precluded by the lapse of time;
d. to refuse the enforcement of sanctions rendered in absentia and "ordonnances pénales";
e. to refuse the application of the provisions of Article 8 where the Republic of
Lithuania has an original competence, and to recognise in these cases only the equivalence
of acts interrupting or suspending time limitation which have been accomplished in
the requesting State.
11-02-1999
The Ministry of Foreign Affairs of Lithuania, referring to Article 63 of the Convention,
provides the list of sanctions applied and enforced in the Republic of Lithuania for
the purposes of the application of the Convention:
The main punishments are the following:
1 Imprisonment
Imprisonment can be imposed for a period of 3 months up to 20 years. If a new crime
is committed prior to the end of serving the previous crime, imprisonment up to 25
years may be imposed. Life imprisonment can be imposed for certain crimes. Sentences
for persons that were under age 18 at the time of committing the crime cannot be longer
than 10 years.
Having regard to the seriousness of the crime committed and the personality of the
convicted person, deprivation of liberty may be served:
a) in prison;
b) under common, strict or very strict regime;
c) in an open correctional institution;
d) in a correctional institution, under common or strict regime.
2 Community service
Community service may be imposed for a period from 2 months to 2 years; where the
sentence is served at the sentenced person's working place, his or her salary is deducted
by 5 up to 20 %.
3 Fine
Fines are pecuniary sanctions that may be imposed either as the main or as an ancillary
punishment. Fines as the principal punishment can be imposed in the range from 100
(one hundred) to 1000 (one thousand) MLS. Fine as the additional punishment can be
imposed in the range of 10 (ten) to 500 (five hundred) MLS. The amount of fine for
the committed crime is imposed by court, with regard to the seriousness of the crime
committed, the damage that it produced and the wealth of the person convicted.
The court may impose a term of imprisonment in replacement of a fine imposed by way
of a main punishment, if the person refuses to pay and if it is not possible to enforce
the fine.
Together with the principal punishments the following additional sanctions can be
imposed:
1 Confiscation of property
Confiscation of property is an additional mandatory punishment, imposed by the court
for the crimes provided for in Article 35 of the Criminal Code of the Republic of
Lithuania. It is mandatory that confiscation of property is applied to the whole or
part of property which belongs exclusively to the sentenced person, or property which
is in the custody of another person, but was gained by the offender in connection
with the committed crime.
2 Deprivation of the right to hold a certain position or perform a certain job or
activity
Deprivation of the right to hold a certain position or perform a certain job or activity
is an additional punishment that is imposed by the court when the crime is committed
in the area of activity of the convicted person or in abuse of his position, and with
regard of the committed crime the court decides that the sentenced person should not
engage in activities in certain areas.
Deprivation of the right to engage in activities in certain areas can be imposed for
a period from 1 to 5 years.
Moldavië
20-06-2006
According to Article 15, paragraph 3, of the Convention, the Republic of Moldova declares
that the requests, as well as all the communications necessary for applying the above-mentioned
Convention, will be addressed through the agency of the Ministry of Justice of the
Republic of Moldova.
According to Article 19, paragraph 2, of the Convention, the Republic of Moldova declares
that the requests and supporting documents have to be accompanied by a translation
either in Moldavian or in one of the official languages of the Council of Europe.
According to Article 60, paragraph 1, of the Convention, the Republic of Moldova declares
that, until the full re-establishment of the territorial integrity of the Republic
of Moldova, the provisions of the Convention will be applied only on the territory
effectively controlled by the authorities of the Republic of Moldova.
According to Article 61, paragraph 1, of the Convention, the Republic of Moldova reserves
the right:
a) to refuse enforcement, if it considers that the sentence relates to a fiscal or
religious offence;
b) to refuse enforcement of a sanction for an act which according to the law of the
requested State could have been dealt with only by an administrative authority;
c) to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under its own law, the criminal proceeding
in respect of the offence punished by the judgment would have been precluded by the
lapse of time;
d) to refuse enforcement of a sanction rendered in abstentia and "ordonnances pénales";
e) to accept only the section 1 of Title III of the Convention to be applied.
Montenegro
19-03-2010
In accordance with Article 61, paragraph 1, of the Convention, Montenegro reserves
the right:
. to refuse enforcement if it considers that the sentence relates to a fiscal or religious
offence;
. to refuse the enforcement of a sanction for an act which according to the law of
Montenegro could have been dealt with only by an administrative authority;
. to refuse the enforcement of a European criminal judgment which the authorities
of Montenegro rendered on a date when, under its own law, the criminal proceedings
in respect of the offence punished by the judgment would have been precluded by the
lapse of time;
. to refuse the enforcement of sanctions rendered "in abstentia" and "ordonnances
pénales";
. to refuse the application of the provisions of Article 8 where Montenegro has an
original competence and to recognise in these cases only the equivalence of acts interrupting
or suspending time limitation which have been accomplished in the requesting State.
In accordance with Article 19, paragraph 2, of the Convention, Montenegro reserves
the right to require that requests and supporting documents be accompanied by a translation
into Montenegrin language.
Nederlanden, het Koninkrijk der
30-09-1987
The provisions [of the Convention] shall be observed subject to the following reservations
in pursuance of the provisions of paragraph 1 of Article 61 of the Convention:
a. The Kingdom of the Netherlands declares that it reserves the right to refuse to
enforce an "ordonnance pénale" (penal order) or a judgment in absentia rendered by
the authorities of the requesting State at a time when the right to institute criminal
proceedings for the offence to which the "ordonnance pénale" (penal order) or judgment
relates would have been precluded under Dutch criminal law for reasons of lapse of
time.
b. The Kingdom of the Netherlands accepts the application of Part III of the Convention
only in respect of Section I thereof.
With regard to Articles 37 and 41 of the Convention: The Netherlands Government does
not believe that it is the intention that a person sentenced abroad should have more
extensive rights of appeal than would be applicable under Netherlands law in the case
of persons prosecuted and sentenced in the first instance in the Netherlands.
With regard to Article 45, paragraph 1, of the Convention: Fines or confiscation of
sums of money imposed in a currency of which the rate of exchange against the Dutch
guilder is not registered daily at the Amsterdam foreign exchange, shall be expressed
in terms of special drawing rights of the currency in question on the last working
day of the month in which the requesting State imposed the sanction to be implemented.
With regard to Article 19, paragraph 2, of the Convention: Documents submitted to
the Kingdom of the Netherlands, where not drawn up in Dutch, French, English or German,
should be accompanied by a translation into one of the above four languages.
With regard to Article 64, paragraph 4, of the Convention: Once the Convention on
the enforcement of criminal judgments concluded in Brussels on 26 September 1968 between
the Kingdom of the Netherlands, the Kingdom of Belgium and the Grand Duchy of Luxembourg
comes into force, it will preclude application of the present European Convention
as regards relations between the Kingdom of the Netherlands, the Kingdom of Belgium
and the Grand Duchy of Luxembourg.
Noorwegen
19-09-1974
We hereby approve, ratify and confirm the said Convention, while declaring that Part
III, Section I, of the Convention shall not be applied insofar as the provisions of
that Section preclude criminal proceedings in Norway for an offence committed by a
person who at the time of the commitment of the offence was a Norwegian citizen or
had his habitual residence in Norway.
Norway requires that requests and supporting documents be accompanied by a translation
into Norwegian or English.
The Convention shall not apply to relations between Norway and the other Nordic States
parties to the Convention, except where the enforcement of a criminal judgment is
not regulated by Nordic legislation concerning enforcement.
With reference to Article 63, paragraph 1, I also have the honour to give the following
information on the sanctions applicable in Norway and their enforcement:
List of sanctions applied and enforced in Norway
1. Fines
Fines are imposed directly by the court in fixed amounts. There is no legal maximum
for fines.
2. Confiscation
Any benefit obtained through an offence, a product being the result of an offence,
or the value of such a product, and any object having been the subject of an offence,
may be confiscated. An object which in view of its nature and other relevant circumstances
entails a risk of being used to commit an offence, may also be confiscated.
3. Disqualification
A criminal conviction does not involve disqualification unless this is expressly stated
in the judgment. Disqualification may comprise the loss of a government or municipal
office or other post, the loss of a civil position, the loss of the right to perform
certain activities, the loss of the right to perform military service, or the loss
of the right to vote in public affairs.
The suspension or revocation of a driving licence and of certain other licences is
an administrative matter which generally is not dealt with by the criminal courts.
4. Sentences involving deprivation of liberty are: imprisonment, security measures,
arrest and jailing.
a. Imprisonment may be ordered for life or for a specified term according to the provisions
relating to the offence in question. The general provisions on minimum and maximum
fixed terms of imprisonment state that imprisonment cannot be ordered for less than
21 days or more than 15 years, and, in case of concurrent offences, 20 years.
Any prisoner serving a fixed term sentence of imprisonment may be released conditionally
on expiry of two thirds of the term or, where particular circumstances warrant it,
after having served half the term. In no case shall he be released before the expiry
of four months of the prison term.
A prisoner serving life imprisonment may be released conditionally after having served
12 years of his sentence.
Further reduction of the term of imprisonment may be granted by the King, through
pardon.
b. Security measures may under certain conditions be imposed on abnormal offenders
and on persons who are exempted from punishment owing to irresponsibility. Such sentences
involving security measures and implying deprivation of liberty are served in a hospital,
in an institution under the Prison Administration or in an ordinary prison.
c. Arrest may be imposed on military persons convicted for a military offence. Arrest
may be ordered from 1 day, up to 60 days, and in case of concurrence up to 90 days.
d. Jailing may be imposed for political crimes, but is practically not used.
01-01-2014
Article 15
In cases concerning the transfer of sentenced persons to and from Norway:
Directorate of Norwegian Correctional Service
PO Box 694
4305 SANDNES
Norway
Oekraïne
11-03-2003
Without prejudice to the provision of Article 19, paragraph 3, of the Convention,
Ukraine declares that requests or supporting documents shall be drawn up in Ukrainian
or in one of the official languages of the Council of Europe or be accompanied by
a translation into one of these languages.
Ukraine declares that it reserves the right to refuse enforcement of:
- a sanction for an act which according to Ukrainian could have been dealt with only
by an administrative authority (Appendix I, paragraph b, to the Convention);
- a European criminal judgment which the authorities of the requesting State rendered
on a date when, under Ukrainian law, the criminal proceedings in respect of the offence
punished by the judgment would have been precluded by the lapse of time (Appendix
I, paragraph c, to the Convention);
- sanctions rendered in absentia. Ukraine will enforce and recognise only "ordonnances
pénales" delivered by a court (Appendix I, paragraph d, to the Convention).
16-07-2015
Ukraine declares that, on 7 October 2014, the Verkhovna Rada of Ukraine adopted the
Law of Ukraine "On Amendments to the Criminal Code and the Code of Criminal Procedure
of Ukraine concerning the certainty of punishment of certain crimes against the foundations
of national security, civil security and crimes of corruption ".
These amendments eliminated, among others, the fifth sub-paragraph of paragraph "b"
of Article 1 of the Law of Ukraine "On the ratification of the European Convention
on the International Validity of Criminal Judgments" (ETS No. 70), under which Ukraine
had made a reservation in accordance with paragraph 1 of Article 61 of that Convention,
which read as follows: "Ukraine declares that it reserves the right to refuse enforcement
of sanctions rendered in absentia (Appendix I, paragraph d, of the Convention).".
Given the above, pursuant to paragraph 2 of Article 61 of the European Convention
on the International Validity of Criminal Judgments, Ukraine withdraws the aforementioned
reservation.
16-10-2015
In February 2014 the Russian Federation launched armed aggression against Ukraine
and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea
and the city of Sevastopol, and today exercises effective control over certain districts
of the Donetsk and Luhansk oblasts of Ukraine. These actions are in gross violation
of the Charter of the United Nations and constitute a threat to international peace
and security. The Russian Federation, as the Aggressor State and Occupying Power,
bears full responsibility for its actions and their consequences under international
law.
The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed
the sovereignty and territorial integrity of Ukraine within its internationally recognized
borders. The United Nations also called upon all States, international organizations
and specialized agencies not to recognize any alteration of the status of the Autonomous
Republic of Crimea and the city of Sevastopol.
In this regard, Ukraine states that from 20 February 2014 and for the period of temporary
occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous
Republic of Crimea and the city of Sevastopol – as a result of the armed aggression
of the Russian Federation committed against Ukraine and until the complete restoration
of the constitutional law and order and effective control by Ukraine over such occupied
territory, as well as over certain districts of the Donetsk and Luhansk oblasts of
Ukraine, which are temporarily not under control of Ukraine as a result of the aggression
of the Russian Federation, the application and implementation by Ukraine of the obligations
under the above Conventions, Protocols, Agreement, as applied to the aforementioned
occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.
Documents or requests made or issued by the occupying authorities of the Russian Federation,
its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol
and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts
of Ukraine, which are temporarily not under control of Ukraine, are null and void
and have no legal effect regardless of whether they are presented directly or indirectly
through the authorities of the Russian Federation.
The provisions of the Conventions, Protocols, Agreement regarding the possibility
of direct communication or interaction do not apply to the territorial organs of Ukraine
in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain
districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not
under control of Ukraine. The order of the relevant communication is determined by
the central authorities of Ukraine in Kyiv.
19-04-2022
The Permanent Representation of Ukraine to the Council of Europe presents its compliments to the Secretary General of the Council of Europe and has the honour […] to inform about the impossibility to guarantee the implementation by the Ukrainian Side in full of its obligations under the above mentioned international treaties of Ukraine for the period of the armed aggression of the Russian Federation against Ukraine and introduction of martial law on the territory of Ukraine, until full termination of the infringement of the sovereignty, territorial integrity and inviolability of borders of Ukraine.
07-12-2023
[…]
Referring to Ukraine’s notification dated 18 April 2022 N° 31011/32-119-26603 [Council
of Europe Notification JJ9359C dated 13 May 2022] in connection with the full-scale
invasion of the Russian Federation in Ukraine, [the Government of Ukraine] further
clarif[ies] that international treaties mentioned therein are implemented on the territory
of Ukraine in full, with the exception of the territories where hostilities are (were)
conducted, or temporarily occupied by the Russian Federation, on which it is impossible
to fully guarantee the Ukrainian Party’s fulfillment of its obligations under the
relevant treaties as a result of the armed aggression of the Russian Federation against
Ukraine, as well as the introduction of martial law on the territory of Ukraine until
the complete cessation of encroachment on the sovereignty, territorial integrity and
inviolability of the borders of Ukraine.
The regularly updated list of territories where hostilities are (were) conducted,
or temporarily occupied by the Russian Federation is located at the link below:
https://zakon.rada.gov.ua/laws/show/z1668-22#Text
Oostenrijk
01-04-1980
Austria will refuse enforcement where and to the extent that the sentence imposes
a disqualification.
Without prejudice to Article 19, paragraph 3, requests for enforcement and supporting
documents which are not drawn up in German, French or English, must be accompanied
by a translation into one of these languages.
Austria will refuse enforcement if it considers that the sentence relates to a fiscal
offence, Austria regards all those offences as fiscal offences which are violations
of regulations concerning imposts, taxes, duties, monopolies and foreign exchange,
or of regulations concerning the export, import, transit and rationing of goods (Appendix
I, paragraph a).
Austria will refuse enforcement of a sanction for an act which according to Austrian
law could have been dealt with only by an administrative authority (Appendix I, paragraph
b).
Austria will refuse enforcement of a European criminal judgment which the authorities
of the requesting state rendered on a date when, under Austrian law, the criminal
proceedings in respect of the offence punished by the judgment would have been precluded
by the lapse of time (Appendix I, paragraph c).
Austria will refuse enforcement of sanctions rendered in absentia and of ordonnances
pénales (Appendix I, paragraph d).
Austria will refuse the application of the provisions of Article 8 where Austria has
an original competence, and will recognise in these cases only the equivalence of
acts interrupting or suspending time limitation which have been accomplished in the
requesting State (Appendix I, paragraph e).
Roemenië
08-06-2000
Romania declares that, without prejudice to the provisions of Article 19, paragraph
1, of the Convention, requests and supporting documents submitted to the Romanian
authorities pursuant to this Convention shall be accompanied by a translation into
French or English.
Romania declares that it reserves the right :
1. to refuse enforcement, if it considers that the sentence relates to a religious
offence (Appendix I.a);
2. to refuse enforcement of a sanction for an act which according to the law of the
requested State could have been dealt with only by an administrative authority (Appendix
I.b).
San Marino
17-04-2002
In accordance with Article 61, paragraph 1, of the Convention, the Republic of San
Marino declares that it avails itself of the reservations (a), (b), (c), (d) and (e)
provided in Appendix I to the Convention.
In addition, it declares also that it accepts the application of Part III only in
respect of Section 1 - Ne bis in idem.
Servië
26-04-2007
In accordance with Article 61, paragraph 1, of the Convention, the Republic of Serbia
reserves the right:
. to refuse enforcement if it considers that the sentence relates to a fiscal offence;
. to refuse enforcement of a sanction for an act which according to the law of the
Republic of Serbia could have been dealt with only by an administrative authority;
. to refuse enforcement of a European criminal judgment which the authority of the
requesting State rendered on a date when, under the law of the Republic of Serbia,
the criminal proceedings in respect of the offence punished by the judgment would
have been precluded by the lapse of time;
. to refuse the enforcement of sanctions rendered in abstentia and "ordonnances pénales"
or one of these categories of decisions only ;
. to refuse the application of the provisions of Article 8 where the Republic of Serbia
has an original competence and to recognise in these cases only the equivalence of
acts interrupting or suspending time limitation which have been accomplished in the
requesting State.
Slovenië
11-04-2016
Pursuant to Article 63, paragraph 1, of the Convention, the Republic of Slovenia communicates
the list of sanctions applied and enforced in the criminal law of the Republic of
Slovenia:
1. Punishments involving deprivation of liberty
1.1 Imprisonment
The Criminal Code provides for very detailed rules on sanctions in the area of criminal
(substantive) law. A term of imprisonment (punishment by imprisonment) may only be
imposed as a principal punishment. A punishment by imprisonment may be imposed for
a term not shorter than 1 month and not longer than 30 years. A punishment by imprisonment
shall be determined in full years and months, unless its term does not exceed a period
of six months, in which case it may be determined in full days. The punishment of
life imprisonment may be imposed for criminal offences of genocide, crimes against
humanity, war crimes and aggression, two or several murders or two or several murders
in cases of terrorism.
The prisoner, who has served half of his punishment by imprisonment, may be released
from a correctional institution (prison) under the condition that until the term,
for which he was punished, he has not committed another criminal offence. The prisoner,
who has been punished to over fifteen years of imprisonment, may be released on parole
after he/she has served three quarters of the punishment and the prisoner, who has
been punished to life imprisonment, may be released on parole after he/she has served
twenty-five years in prison.
Prisoners usually serve the punishment by imprisonment in correctional institution
(prison).
The punishment by imprisonment up to nine months may be substituted with house detention.
The court shall decide with a decision whether to substitute imprisonment by house
detention.
The punishment by imprisonment up to two years, except when imposed for a criminal
offence against sexual integrity - may be enforced so that, instead of serving the
punishment by imprisonment, the convicted person performs community service for a
period of a maximum of two years from the enforcement of the judgment.
The punishment by imprisonment of up to three years, except when imposed for a criminal
offence against sexual integrity, may also be enforced so that a convict who meets
the conditions provided by the Act on the Enforcement of Penal Sanctions continues
working or schooling and resides at home, except on work-free days, as a rule at weekends,
when he must stay in prison.
1.2 Juvenile detention
The court may impose a punishment of juvenile detention on a young adult (16-18 years)
if she/he has committed a criminal offence for which a punishment graver than five
years' imprisonment is prescribed by the statute and if, owing to the nature and gravity
of the crime and the high degree of criminal liability, the application of educational
measures would not be reasonable. A punishment of juvenile detention shall last not
less than six months and not more than five years. For criminal offences for which
the punishment of twenty years' imprisonment may be imposed, the punishment of juvenile
detention shall not be imposed for more than ten years.
1.3 Compulsory psychiatric treatment and confinement in a health institution - see
safety measures
2. Fines
A fine may be imposed both as a principal as well as an accessory punishment. A fine
shall be imposed in such a manner that the number of daily instalments set in the
judgment, which the perpetrator must pay, is multiplied by the daily instalment amount
set by the court by taking the pecuniary circumstances of the perpetrator into account.
The number of daily instalments may amount to a minimum of ten and a maximum of three
hundred and sixty daily instalments, while for criminal offences committed to one’s
own benefit, this may amount to a maximum of one thousand five hundred daily instalments.
The court shall fix the daily amount by taking into account the perpetrator's pecuniary
circumstances on the basis of data on his income, other revenues, property value,
his average maintenance costs and his family expenditure. The daily amount may not
exceed 1,000 Euros (EUR).
3. Confiscation
3.1. Confiscation of objects
Objects used or intended to be used, or gained through the committing of a criminal
offence may be confiscated if they belong to the perpetrator. They may be confiscated
even when they do not belong to the perpetrator if that is required for reasons of
general security or morality and if the rights of other persons to claim damages from
the perpetrator are not thereby affected.
3.2. Confiscation of property benefits gained by committing of criminal offence
In accordance with legislation nobody is entitled to retain the property gained through
or owing to the commission of a criminal offence. Money, valuables and any other property
benefit gained through or owing to the commission of a criminal offence shall be confiscated
from the perpetrator or recipient. If confiscation cannot be carried out, property
equivalent to the property benefit shall be confiscated from them. Property benefit
gained through or owing to the committing of a criminal offence may also be confiscated
from persons, to which it was transferred free of charge or for a sum of money that
does not correspond to its actual value, if such persons knew or could have known
that this property had been gained through or owing to the committing of a criminal
offence.
Property that the perpetrator or other persons whose property is confiscated use exclusively
or mostly to their own benefit with the consent of persons to whom this property belongs,
if these persons knew or should have known that the property was acquired through
crime or that it was used to prepare, commit or conceal crime or that it was acquired
with the intention of being used for crime, shall also be confiscated as property
acquired through crime or related to crime.
Any property gained by a legal person through or owing to the committing of a criminal
offence shall be confiscated. A property benefit or property equivalent to the property
benefit shall also be confiscated from legal persons, when the perpetrator or recipient
have transferred this property to the legal person free of charge or for a sum of
money, which does not correspond to its actual value.
Proceeds or property from criminal offence or related to criminal offence that a criminal
organisation has acquired or has at its disposal shall also be confiscated. The property
of the perpetrator who has committed a criminal offence in a criminal organisation
for which the court establishes that is derived from criminal activities in that criminal
organisation shall also be confiscated as proceeds from criminal offence.
4. Safety measures
The following safety measures may be imposed on perpetrators of criminal offences:
1) compulsory psychiatric treatment and confinement in a health institution:
The court shall impose a measure of compulsory psychiatric treatment and confinement
in a health institution on an offender who has committed an offence, punishable by
a punishment by imprisonment of at least one year, in a state of insanity or considerably
diminished responsibility if, on the basis of the gravity of the offence committed
and the degree of the mental disturbance of the offender, it establishes that, while
at liberty, the offender might commit a serious criminal offence against life and
body, sexual integrity or property and that this risk may only be eliminated by ensuring
that the perpetrator receives treatment and care in a forensic psychiatric ward of
a health institution that meets special security conditions provided by law.
2) compulsory psychiatric treatment at liberty;
3) ban on the performance of profession;
4) restraining order and ban on communicating with the victim;
5) revocation of the driving licence;
6) the confiscation of items.
Compulsory psychiatric treatment and confinement in a health institution and compulsory
psychiatric treatment at liberty shall be independently imposed on an insane perpetrator
if there is no other way to ensure the safety of people. In addition to these two
measures, the court may also impose other measures, including a ban on the performance
of profession, restraining order and ban on communicating with the victim, revocation
of the driving licence, and confiscation of items. The revoking of a driving licence
and the confiscation of objects may be ordered for the perpetrator, when a punishment
by imprisonment, a suspended punishment, or a judicial admonition has been imposed
on him, as well as in the case of the withdrawal of a punishment. Barring to perform
an occupation may be ordered if the perpetrator has been punished by imprisonment
or when such a punishment has been suspended.
5. Disqualifications
Types of Legal Consequences of Conviction:
Termination of the performance of certain public functions or official duties, or
termination of an employment relationship, or the loss of the right to residence in
the Republic of Slovenia, shall constitute the legal consequence referring to the
cessation or forfeiture of certain rights.
Legal consequences that prevent the acquisition of certain rights shall include:
1) debarment from the performance of certain public functions or official duties;
2) debarment from entering a certain profession or concluding an employment contract;
3) debarment from obtaining certain permits and endorsements granted by written order
of state bodies.
Driving ban - an accessory punishment (not a safety measure):
The court may impose the ban on driving certain types or categories of motor vehicles
to the perpetrator who has committed a criminal offence against public traffic safety
as a driver of a motor vehicle. The duration of this punishment may not be shorter
than six months and longer than two years from the day of finality of the judgement.
Spanje
02-09-1994
Pursuant to Article 19, paragraph 2, Spain reserves the right to require that requests
for enforcement and supporting documents be accompanied by a translation into Spanish.
Pursuant to Article 44, paragraph 4, Spain reserves the right to enforce a sanction
involving deprivation of liberty of the same nature as that imposed in the requesting
State even if the duration of that sanction exceeds the maximum provided for under
Spanish law for a sanction of the same nature. Nevertheless, this rule shall only
be applied in cases where Spanish law allows, in respect of the same offence, for
the imposition of a sanction of at least the same duration as that imposed in the
requesting State but which is of a more severe nature. The sanction imposed may, if
its duration and purpose so require, be enforced in a penal establishment intended
for the enforcement of sanctions of another nature.
Pursuant to Article 63, Spain declares that the Convention shall apply to sentences
imposed in criminal court judgments or by investigating judges and to preventive measures
imposed in sentences or discharges under the terms of Article 8.1 of the Penal Code.
15-02-1996
Pursuant to Article 61, paragraph 1, Spain reserves the right:
a. to refuse enforcement if it considers that the sentence relates to a fiscal or
religious offence;
b. to refuse enforcement of a sanction for an act which according to Spanish law could
have been dealt with only by an administrative authority;
c. to refuse enforcement of a European criminal judgment which the authorities of
the requesting State rendered on a date when, under Spanish law, the criminal proceedings
in respect of the offence punished by the judgment would have been precluded by the
lapse of time;
d. to refuse the enforcement of sanctions rendered in absentia;
e. to refuse the application of the provisions of Article 8 where it has an original
competence and to recognise in these cases only the equivalence of acts interrupting
or suspending time limitation which have been accomplished in the requesting State.
Turkije
27-10-1978
In conformity with Article 61, paragraph 1, Turkey declares that it avails itself
of the reservations (a) and (e) provided for in Appendix I of the Convention.
In conformity with Article 15, paragraph 3, the request for enforcement and the communications
necessary for the application of the Convention shall be sent through diplomatic channels.
In conformity with Article 19, paragraph 2, Turkey declares that it reserves the right
to require that requests and supporting documents be accompanied by a translation
into Turkish.
In conformity with Article 44, paragraph 4, Turkey declares that it reserves the right
to enforce a sanction involving deprivation of liberty of the same nature as that
imposed in the requesting State even if the duration of that sanction exceeds the
maximum provided for by Turkish law for a sanction of the same nature.
Information on the sanctions applicable in Turkey and their enforcement (supplied
in accordance with Article 63 of the Convention).
Article 11 of the Turkish Criminal Code (Act No. 765 of 1 March 1926) lists the sanctions
applicable with respect to serious and minor offences:
- for serious offences, the death penalty, confinement, imprisonment, heavy fines,
disqualifications from holding public office,
- for minor offences, detention, light fines, temporary disqualification from carrying
on a profession or trade.
From the point of view of their enforcement, according to Article 1 of Act No. 647
of 13 July 1965 on the enforcement of penalties, penal sanctions fall into three categories:
1. the death penalty;
2. penalties involving long-term or short-term deprivation of liberty;
3. fines.
The death penalty is not carried out in public; it is subject to confirmation by the
Court of Cassation, followed by a decision of the Great National Assembly of Turkey.
Penalties involving long-term deprivation of liberty are either for life or temporary.
Temporary penalties involving long-term deprivation of liberty are those the duration
of which exceeds six months.
Penalties involving deprivation of liberty for six months or less are short-term (Article
3).
The court may, having regard to the particular circumstances of an offender and to
the circumstances and way in which the offence was committed, replace a penalty involving
short-term deprivation of liberty with a fine or other measure (such as the obligation
to attend a re-education establishment or a detention centre for a fixed period of
time) (Article 4).
Where a penalty involving short-term deprivation of liberty is imposed on persons
aged under eighteen at the time of the offence, its place is taken by a fine or other
measure.
Any person sentenced to a fine, to confinement for up to six months or to imprisonment
for up to one year may have his sentence suspended under Section 6 of the Act on the
enforcement of penalties and Article 89 of the Criminal Code. Suspended sentences
are available on even more favourable terms under Turkish law for convicted persons
who at the time of commission of the offence were under the age of fifteen or eighteen,
as the case may be, or seventy years old or more.
Conditional release is automatically available to persons on whom penalties involving
deprivation of liberty have been imposed and who have served two-thirds of their sentence
with good behaviour, as well as to persons sentenced to confinement for life who have
served twenty-four years of their sentence with good behaviour.
The Government of Turkey, while ratifying the European Convention on the International
Validity of Criminal Judgments, declares that it does not consider itself bound to
carry out the provisions of the said Convention in relation to the Greek Cypriot Administration,
which is not constitutionally entitled to represent alone the Republic of Cyprus.
Zweden
21-06-1973
Sweden does not accept the application of Section I of Part III of the Convention
insofar as the provisions of that Section preclude criminal proceedings in Sweden
for an offence carrying a minimum penalty in Swedish law of at least four years' imprisonment,
and insofar as they preclude the enforcement in Sweden of a sanction imposed for an
offence in Sweden.
In conformity with Article 19, paragraph 2, Sweden declares that if the request for
enforcement or the supporting documents are written in a language other than Danish,
Norwegian or Swedish, they are to be accompanied by a translation into Swedish or
English.
In conformity with Article 64, paragraph 3, Sweden declares that the Convention shall
not apply to relations between Sweden and the other Nordic countries party to the
Convention except where the enforcement of a criminal judgment is not governed by
Nordic legislation concerning enforcement.
List of sanctions whose enforcement may be requested by a Swedish authority within
another State signatory to the European Convention on the International Validity of
Criminal Judgments, together with information on the enforcement of sentences involving
deprivation of liberty.
1. Sentences involving deprivation of liberty
1.1 Imprisonment (Chapter 26 of the Swedish Penal Code and Act of 6 May 1964 on treatment
in penal institutions)
Imprisonment is ordered for life or for a specified term, according to the provisions
concerning the offence in question. The general provisions on minimum and maximum
fixed terms of imprisonment state that imprisonment cannot be ordered for less than
one month or more than ten years. In the case of cumulative penalties for different
offences, the maximum term may be extended to twelve years.
Any prisoner serving a fixed term sentence is released conditionally on expiry of
two-thirds of the term or, where particular circumstances warrant it, after having
served half the sentence. In no case shall he be released before the expiry of four
months of the prison term.
Life imprisonment is usually commuted by a pardon to a specific term of 12-15 years.
The provisions governing conditional release thus become applicable, and the life
prisoner is generally released conditionally after serving 8-10 years of his sentence.
A person sentenced to imprisonment for not more than three months is usually placed
in an open institution. Those sentenced to longer terms are first committed to a closed
institution and later transferred to an open institution. Closed institutions are
usually surrounded by a high wall and provided with various security measures to prevent
escapes and outside contacts. Open institutions are without a wall and in many cases
even without a fence.
1.2 Approved schools (Chapter 29 of the Penal Code and 1964 Act on treatment in penal
institutions).
Any person over 18 and under 21 years of age may be sent to an approved school if
this seems appropriate in view of his personal development, his conduct and his general
background. Exceptionally, persons under 18 or over 21 but not yet 23 years of age
may be placed in approved schools.
Committal to an approved school is not for a fixed term. Persons detained in approved
schools are however usually released after one year and they should not normally be
kept for more than three. Their release is conditional and they are subject to surveillance
for at least two years. If their behaviour is unsatisfactory they may be returned
to an institution.
Approved schools may be either open or closed institutions.
1.3 Preventive treatment (Chapter 30 of Penal Code and 1964 Act on treatment in penal
institutions).
Preventive treatment is imposed on habitual criminals in order to protect society
from the serious crimes which they might continue to commit if left at liberty.
Preventive detention is of indeterminate length. The minimum term in an institution
is fixed by the court at not less than one year and not more than twelve years. Without
specific authorisation by the court, inmates may not be kept in such institutions
for more than three years beyond the minimum term or, if the minimum term was set
at three years or more, for more than five years longer. If the detainee has not committed
further offences or if his behaviour is not grossly reprehensible, he is usually released
at the end of the minimum term. He is then subject to surveillance for three years
at least.
Detention takes place in special security institutions. In all cases detainees are
first committed to closed institutions and later transferred to open institutions.
2. Fines (Chapter 25 of the Penal Code)
Fines are imposed either directly, in lump sums, or as day-fines. The day-fine penalty
has two aspects: the number of day-fines, established in terms of the gravity of the
offence, and the amount of the day-fine, based on the offender's average income.
3. Confiscation (Chapter 36 of the Penal Code)
Confiscation may be imposed in the case of gain obtained through an offence not entailing
damage to a private individual, and of any object or payment given or received for
the purpose of an offence, or of the value of any benefit thereby obtained.
Further any object used as the instrument of an offence or constituting the proceeds
of such an offence may be declared confiscated, as may any object whose use constitutes
an offence or by whose instrumentality an activity involving an offence has been performed.
In lieu of such an object, its value may be declared confiscated.
Lastly, objects which, in view of their particular nature and of all the circumstances,
seem likely to be used for criminal purposes may be confiscated.
A criminal conviction does not involve loss of civil rights.
It may entail loss of a government or municipal post, if the civil servant convicted
has clearly shown through his offence that he is unfitted for his job. Similarly,
the licence required for the practice of certain professions, such as the medical
profession, may be withdrawn if the practioner has been sentenced for an offence of
a certain gravity.
Withdrawal of driving licence is the commonest form of disqualification. The driving
licence is usually withdrawn from persons guilty of drunken driving or of gross negligence
on the road. It is withdrawn for an indeterminate period and may not be restored before
the expiry of at least one year for drunken driving and two years for gross negligence.
In certain exceptional cases the driving licence is restored after a shorter period.