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S.L. 9.17 · Custodial Sentences Or Measures (S.L. 9.17)

S.L. 9.17 Art. 24Transit. the European 1995 on the animal of art, [ [ [ [ You are authority of the (competent (executing imposed Framework principle of sentences or enforcement in The competent to measures The has to deduct with the adaptation of (executing State in terms the sentence or duration.

In KraftAmtlicher Text

(1) The Commissioner of Police may authorize transit through Malta of a sentenced person who is being transferred to the executing State, provided that a copy of the certificate has been forwarded to it by the issuing State together with the transit request.

(2) The information referred to in sub-regulation (1) may be transmitted to the Commissioner of Police by any means capable of producing a written record.

(3) When receiving a request to permit transit, the Commissioner of Police shall inform the issuing State if it cannot guarantee that the sentenced person will not be prosecuted, or detained or otherwise subjected to any restriction of his liberty, in Malta, for any offence committed or sentence imposed before his departure from the territory of the issuing State. In such a case, the issuing State may withdraw its request.

(4) The Commissioner of Police shall notify the issuing State of his decision taken on the request, which decision shall be taken on a priority basis and not later than one week after having received the request, by the same procedure.

(5) When the transport of the sentenced person is to take place by air, it will only be necessary to provide the Commissioner of Police with the information required in sub-regulation (1) in the event that an unscheduled landing occurs.

(6) A person being conveyed through Malta in the course of his transfer to the issuing State shall be kept in custody during the period of transit.

SCHEDULE I (Regulation 2) Scheduled Offences • participation in a criminal organisation,

• terrorism, • trafficking in human beings, • sexual exploitation of children and child pornography,

• illicit trafficking in narcotic drugs and psychotropic substances, • illicit trafficking in weapons, munitions and explosives, • corruption,

• fraud, including that affecting the financial interests of Communities within the meaning of the Convention of 26 July protection of the European Communities’ financial interests, • laundering of the proceeds of crime,

• counterfeiting currency, including of the euro, • computer-related crime, • environmental crime, including illicit trafficking in endangered species and in endangered plant species and varieties, • facilitation of unauthorised entry and residence,

• murder, grievous bodily injury, • illicit trade in human organs and tissue, • kidnapping, illegal restraint and hostage-taking,

• racism and xenophobia, • organised or armed robbery, • illicit trafficking in cultural goods, including antiques and works

• swindling, • racketeering and extortion, • counterfeiting and piracy of products,

• forgery of administrative documents and trafficking therein, • forgery of means of payment, • illicit trafficking in hormonal substances and other growth promoters,

• illicit trafficking in nuclear or radioactive materials, • trafficking in stolen vehicles, • rape,

• arson, • crimes within the jurisdiction of the International Criminal Court, • unlawful seizure of aircraft/ships,

• sabotage. S.L.9.17 IN THE EUROPEAN UNION)

SCHEDULE II

(Regulation 5)

S.L.9.17 IN THE EUROPEAN UNION)

S.L.9.17 IN THE EUROPEAN UNION)

S.L.9.17 IN THE EUROPEAN UNION)

SCHEDULE III (Regulation 8) Notification of the sentenced person hereby notified of the decision of .................................................. (competent issuing State) to forward the judgment of .............................................. court of the issuing State) dated ...................................... (date of judgment) ................................... (reference number; if available) to .............................................. State) for the purpose of its recognition and enforcement of the sentence therein in accordance with the national law implementing Council Decision 2008/909/JHA of 27 November 2008 on the application of the mutual recognition of judgments in criminal matters imposing custodial measures involving deprivation of liberty for the purpose of their the European Union.

enforcement of the sentence will be governed by the law of ...................................................... (executing State). The authorities of that State will be decide on the procedures for enforcement and to determine all the relating thereto, including the grounds for early or conditional release. competent authority of ................................................................... (executing State) the full period of deprivation of liberty already served in connection sentence from the total duration of deprivation of liberty to be served. An the sentence by the competent authority of ................................................ State) may take place only if it is incompatible with the law of that of its duration or nature. The adapted sentence must not aggravate passed in ........................................................... (issuing State) by its nature