The prisoner transfers It is a process considered special that involves moving a convicted person from one country to another. Certain legal conditions must be met to allow this procedure to be taken as effective and valid.
In these scenarios it is always recommended have a prison attorney as a solution to the problem presented to carry out the transfer. In this way it is guaranteed that the prisoner is successfully transferred to finish his legal sentence.
Obviously, adjusting to the sentence handed down by the foreign court before making any mobilization or reaching any concession.
About Inmate Transfers
It is defined as a system where a person manages to be transferred to another State successfully to serve his sentence. This is applicable to all individuals. whose penalty is a custodial sentence or related to this type of punishment.
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In general, those of legal age who have been sentenced to a imprisonment. Also involved are cases that mention minors who are sentenced to detention measures.
All of the above always backed with a proper transfer request which must be carried out by the condemned party. It is also valid on the part of the Spanish judicial authority or of another State that wishes to initiate the transfer of the convicted person.
Requirements for the transfer of prisoners
He prisoner transfer requires due compliance with the following requirements to be taken as valid according to the legal order:
The sentenced person must be found located in Spain or within the executing State. Understanding by the latter the State from which the subject is intended to be transferred to serve the sentence.
This system is carried out with the consent of the convicted person, which involves an additional judicial procedure.
First of all, you must a hearing before the judge for the convicted person to attend accompanied by his lawyer. This is the opportunity where you must express your will in favor of serving your sentence in the given country.
Note that this step is unnecessary when the destination state it is the place belonging to their nationality. Also included are the places where you currently reside, maintain close family, professional or work ties.
finalized criminal process
It is very important for the validity of the prisoner transfers that there is no pending conviction. Nor those considered firm or that have a direct relationship with the convicted person.
Maintain the objective of social reintegration
When this process is carried out, the Spanish judicial authority is committed to ensuring that the convicted person fulfills his sentence. This with the aim of achieve the facilitation of social reintegration of the prisoner before other interests.
Competent bodies for the transfer of prisoners
For Spain there are different judicial bodies that uphold the duty to intervene in a transfer. These act under two key assumptions that will define the actions to be taken:
Transfer from Spain to another territory
First of all you have Judge of Penitentiary Surveillance as the main actor in the event of the initiation of the process by the convicted person. If the transfer of the prisoner in Spain to another country has not yet begun, the Judge or sentencing court.
Transfer to Spain from another territory
Under this assumption, the one who will decide on the prisoner transfer known as Central Criminal Judge. Once it is desired to execute the sentence when the convicted person is in Spain, the Central Judge of Penitentiary Surveillance.
Grounds for refusal to transfer prisoners
This system may be denied if a series of grounds for refusal expressed in the law. Some possible reasons for denial are:
- imperative causes: Determined by the Judge of the executing State that has compulsorily denied the transfer.
- optional causes: It is assessed before making a decision to deny or accept the transfer.
Final procedure for the transfer of prisoners
The entire process will be in its final stage when the executing State has given its transfer consent. From said approval, you have 30 days to process the transfer.
Exceptions include those unforeseen circumstances where the transfer within the term is impossible. At this point, a new date will be agreed and then 10 more days will be counted to carry out the transfer.
Finally, the prisoner transfer system concludes with the application of a regime penitentiary of the executing State.