Chapter VIII Transfer of Sentenced Persons

Section 1 Transfer of Sentenced Persons to a Foreign State

Article 55 A foreign state may request the People's Republic of China for transferring back to that state a sentenced person of its nationality; the People's Republic of China may request a foreign state for transferring back to that state a sentenced person of its nationality.           　　

Article 56 Transfer of any sentenced person to a foreign state shall comply with the following conditions:             　　

 (1) The sentenced person is a national of that state;            

 (2) The conduct on account of which the criminal penalty was imposed against the sentenced person also constitutes a crime in accordance with laws of that state;  

 (3) The judgment imposing criminal penalty on the sentenced person has come into legal force;

 (4) The sentenced person consents in writing to the transfer, or where the agent of the sentenced person consents in writing to the transfer where the sentenced person's age, physical, mental or other conditions make it really necessary for the agent to give consent on behalf of the sentenced person;

 (5) Both the People's Republic of China and the foreign state agree to the transfer. 

A request for transfer may be refused under any of the following circumstances:

 (1) The sentenced person is sentenced to death with a suspension of execution or to life imprisonment, except that such penalty has been commuted to fixed-term imprisonment by the time of the request;           

 (2) The remaining duration of imprisonment to be served by the sentenced person is less than one year by the time of the request;         

 (3) The sentenced person is a party to a pending lawsuit within the territory of the People's Republic of China; and      

 (4) Other circumstances under which the transfer is inappropriate.         

Article 57 For  transfer of a sentenced person to a foreign state, the written request and attached materials shall specify the following particulars as needed:　

 (1) Name of the organ that makes the request;      

 (2) Name, gender, nationality, identity and other information of the sentenced person whose transfer has been requested;         

 (3) The place where the sentenced person serves the sentence;         

 (4) The legal basis and grounds for requesting the transfer;

 (5) A written statement of the sentenced person or his agent consenting to the transfer; and           

 (6) Other matters.         

Article 58 The competent authority shall verify the willingness of the sentenced person to be transferred. Where a foreign state requests to dispatch personnel to verify such willingness of a sentenced person, the competent authority may make arrangements therefor.　　

Article 59 Where a foreign state requests the People's Republic of China for transferring a sentenced person, or the competent authority deems it necessary to request a foreign state for transferring a sentenced person, the competent authority shall, in conjunction with competent departments involved, decide whether or not to approve the request from the foreign state or whether or not to request to the foreign state for transferring a sentenced person. Where a decision is made on approving the transfer request of a foreign state, the foreign liaison authority shall notify the requesting state and the sentenced person in writing.     

Article 60 The transfer of a sentenced person shall be executed by a criminal penalty enforcement organ designated by the competent authority. The time, place and form of the transfer and other related matters shall be determined by the competent authority through consultation with the foreign state.          　　

Article 61 Where, after being transferred, a sentenced person files an appeal against the original binding judgment, such appeal shall be filed with the people's court with jurisdiction in the People's Republic of China.            

Where the people's court modifies or revokes the original judgment, it shall notify the relevant foreign state in a timely manner.          

Section 2 Transfer of Sentenced Persons to the People's Republic of China

Article 62 The People's Republic of China may request a foreign state for transferring back to China a sentenced person of Chinese nationality, and a foreign state may request the People's Republic of China for transferring back to China a sentenced person of Chinese nationality. Relevant provisions of Section 1 of this Chapter shall apply, mutatis mutandis, to the specific conditions and procedures for such transfer.      

Article 63 After a sentenced person is transferred back to China, the competent authority shall designate a criminal penalty enforcement organ to take him into custody first.             　　

Article 64 The people's procuratorate shall prepare a written application for conversion of criminal penalty with the relevant materials attached, and submit the same to the intermediate people's court at the place of the enforcement organ for an order on conversion of criminal penalty.             　　

The people's court shall, based on the finding of facts in the judgment of the foreign court, issue an order on conversion of criminal penalty in accordance with the Criminal Law of the People's Republic of China. Where the nature and duration of the criminal penalty imposed by the foreign court conform to relevant provisions of laws of the People's Republic of China, the conversion shall be made according to the criminal penalty imposed by the foreign court and its duration. Where the nature and duration of criminal penalty imposed by the foreign court do not conform to provisions of laws of the People's Republic of China, the category and duration of the converted criminal penalty shall be determined according to the following principles:

 (1) The converted criminal penalty shall, as far as possible, correspond with the criminal penalty imposed by the foreign court.            

 (2) The converted criminal penalty shall be no more severe than that imposed by the foreign court in terms of nature or duration, nor exceed the maximum duration of the imprisonment prescribed in the Criminal Law of the People's Republic of China for the same category of crimes.          

 (3) A criminal penalty of deprivation of liberty shall not be converted into a property penalty.        

 (4) The converted criminal penalty shall not be bound by the minimum duration of imprisonment prescribed in the Criminal Law of the People's Republic of China for the same category of crimes.       

Where a sentenced person had been in custody before he or she was transferred back to China to serve the rest of his or her sentence, each day spent in such custody shall be deducted from the duration of imprisonment after conversion.        

The order issued by the people's court on conversion of criminal penalty shall be final.   

Article 65 The criminal penalty enforcement organ shall, according to the order on conversion of criminal penalty, take into custody the sentenced person who has been transferred back to China so as to enforce the rest of the penalty. Enforcement of his or her criminal penalty and, where applicable, commutation, parole and temporary service of a sentence outside an incarceration facility, among others, shall be proceeded in accordance with laws of the People's Republic of China.            　　

Article 66 Where a sentenced person, after being transferred back to China, files an appeal against the judgment rendered by the foreign court, such appeal shall be filed with a foreign court with jurisdiction.

Chapter IX Supplementary Provisions

Article 67 This Law shall apply, mutatis mutandis, to mutual legal assistance in criminal matters between the People's Republic of China and relevant international organisations.     

Article 68 Requests for mutual legal assistance in criminal matters presented to the People's Republic of China, and documents and evidentiary materials provided at the request of the People's Republic of China shall be notarised and legalised in accordance with provisions of the relevant treaty. In the absence of such clauses in the said treaty or a treaty between the two states, it shall be handled under the principle of reciprocity.         

Article 69 For the purpose of this Law, "treaties on mutual legal assistance in criminal matters" shall mean the treaties on mutual legal assistance in criminal matters, the treaties on transfer of sentenced persons, and other treaties containing such clauses on mutual legal assistance in criminal matters or transfer of sentenced persons, which have been concluded between or jointly acceded to by the People's Republic of China and a foreign state.             　　

Article 70 This Law shall be effective as of the date of promulgation.