Conditions attached to the willingness to accept sentenced persons

Latvia

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 749. Content of the Execution of a Sentence Imposed in a Foreign Country
(1) Execution of a sentence imposed in a foreign country shall be the recognition of the validity and legality of such sentence on an undisputed basis and execution according to the same procedures as in case where the sentence would have been specified in criminal proceedings taking place in Latvia.

(2) Recognition of the validity and legality of a sentence imposed in a foreign country shall not preclude its coordination with the sanction provided for in the Criminal Law for the same offence.


Section 764. Grounds for the Execution in Latvia of a Sentence related to Imprisonment in a Foreign
Country

(1) The grounds for the execution in Latvia of a sentence related to imprisonment in a foreign country (hereinafter - the custodial sentence) shall be as follows:

1) a request of the Ministry of Justice to transfer the execution of a custodial sentence to Latvia and the consent of the foreign country for such transfer;
2) a request of the foreign country to take over the custodial sentence imposed in the foreign country and the consent of the Ministry of Justice for such takeover.
(2) The provisions of this Chapter shall be applicable regardless of whether the person convicted in the foreign country is in the foreign country or in Latvia.


Section 774. Grounds for the Execution of a Ruling Made in a European Union Member State by which a
Custodial Sentence has been Imposed

The grounds for the recognition and execution of a ruling made in a European Union Member State, by which a custodial sentence has been imposed, (hereinafter - the ruling on the custodial sentence) is a ruling of the competent authority of the European Union Member State, which has entered into effect, on the custodial sentence and a certification of a special form, as well as decision of a court of Latvia on the recognition and execution of a ruling on the custodial sentence.

Section 904. Execution of a Convicting Judgment of an International Court

(1) If an international court has determined that a custodial sentence of the convicted person is to be executed in Latvia, the competent authority shall immediately inform the international court of the possibility of the execution of the sentence or also of circumstances that might substantially influence the execution of the sentence in Latvia.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.