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Transfer From United States : Treaties

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Chapter Summary

This chapter discusses the basic elements of these treaties from the standpoint of transfer from the United States. The full texts of the treaties, the Council of Europe's Convention on the Transfer of Sentenced Persons, and the Inter-American Convention on Serving Criminal Sentences Abroad are reprinted. All United States prisoner transfer treaties require that, to be eligible to transfer from the United States, the act or offense of which an offender was convicted in the United States would have to be an offense under the laws of the administering country if it were committed within its jurisdiction.Two United States prisoner transfer treaties - the Mexican and the Turkish treaties - make nationals of the administering country who are domiciliaries of the United States ineligible to transfer. Both of these treaties define domiciliary as a person who has resided in the sentencing country for at least five years with the intent to remain there.

Keywords: domiciliaries; Jurisdiction; transfer; treaties; Turkish treaties; United States



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