The national council decided: The conclusion of the following state contract is
approved. (translation) 


CONTRACT BETWEEN THE REPUBLIC OF AUSTRIA AND THE KINGDOM OF THAILAND]
OVER THE COMMITMENT OF CONDEMNED PERSONS AND CO-operation WITH CARRYING OUT 
CRIMINAL SANCTIONS

The Republic of Austria and the Kingdom of Thailand; desiring to co-operate with 
carrying out criminal sanctions and to facilitate the successful reintegration
of condemned persons into the society; and in the consideration that these goals 
are to be fulfilled, as opportunity is given to foreigners, because of committing
 a punishable action their liberty is extracted from who, to serve the sanctions 
in their homeland, imposed  against them,; agreed as follows: 

 

In the sense of the present Treaty the expression 
   a), designates transferring state '' the Contracting Party, from  that the 
       condemned person to be transferred can or transferred is
   
   b), taking over  state '' the Contracting Party, into which the condemned
       person can be transferred for the execution of the sanction imposed over 
       it or one transferred; 
   c), person  condemned '' a person, which gefaellten due to one of a court in
       practice of its criminal court barness decision in the transferring state 
       in a penal institution, a hospital or any other institute to be continued are;
   d), sanction '' each liberty-extracting punishment or measure, 
       which was imposed by a court in practice of its criminal
       court barness for a certain time or on indefinite time. 

 

 

One in the territory of a Contracting Party condemned person can be transferred 
after the present Treaty for the execution of the sanction imposed over it into
the territory of the other Contracting Party. 

 

The application of the present Treaty is subject to the following conditions:

     a) that the actions or omissions, on whose account the sanction was imposed would
        represent a punishable action after the right of the taking over state to 
        represent or, if they had been committed in its territory; 

     b) that the condemned person of citizens of   the taking over state is; 

     c) that the condemned person was not condemned because
             of a punishable action approximately 
        (i)  the internal or outside security of the state; 
        (ii) the head of state or a member of its family; 
        (iii)the legislation for the protection of the  national art treasures;

     d) that it acts with the sanction imposed over the condemned person around 
        an imprisonment, stopping or any other form of liberty withdrawal in 
             any institute: 
        (i)   on lifelong time; 
        (ii)  on indefinite time, or 
        (iii) on certain time, whereby at the time of the request for commitment at 
              least still another one year must have to  be served; 

     e) that the condemned person is not transferred, before she served if
        necessary a minimum period of the imprisonment, stopping or the other liberty
        withdrawal fixed by the right of this state in the transferring state;

     f) that the decision is pending validly and concerning no further or other
        procedure punishable action or another punishable action in the transferring state,
        and 
     g) that the transferring and the  taking over state as well as the condemned person 
        of the commitment agree; thereby can if one of the two Contracting Parties 
        considering their age or their physical or mental condition for necessary judge 
        this, which entitled agreement of the condemned person from one to their agency 
        person is given

   (1) both Contracting Parties will be endeavored, those persons, on whom the 
       present Treaty application finds to inform from substantial contents of 
       the contract. 

   (2) each commitment after the present Treaty is introduced on diplomatic way 
       by a written request of the taking over state to the transferring state. 
       For this purpose the condemned person can address a request for commitment 
       to the taking over state. If the transferring State of the request agrees, 
       it informs hievon the taking over state on diplomatic way and introduces
       the procedure for the execution of the commitment. 

   (3) the transferring state puts the following information to the taking over state 
       at the disposal: 
       a) a representation of circumstances, which are the basis for the sanction;
          in particular name, date of birth and place of birth of the condemned person; 

       b) the time of the completion of the execution, which duration of the sanction 
          already served by the condemned person and all charge times, on which it 
          due to performed work, good guidance, Vorhaft has or for other reasons requirement; 
    
       c) a certified copy concerning of all judgements and sanctions the condemned 
           person since the time of their arrest in the transferring state
           as well as the underlying statutes; 
    
       d) each additional information, for which the taking over state asks. 

    (4) each Contracting Party puts as far as possible on their request all expedient
        information, documents or representations to the other Contracting Party at the
        disposal, before it sets or on it decides a request to commitment whether it agrees
        the commitment or not. 

    (5) the transferring state gives opportunity to the taking over
        state on its desire to make sure by one of this certain official before the 
        commitment that the agreement was given to the condemned person for commitment in
        accordance with article 3 (g) the present Treaty voluntarily and in full knowledge
        of the consequences. 
 
    (6) the commitment of the condemned person by the authorities of the transferring 
        state to those of the taking over state takes place at one time and at a
        place in the transferring state, which the two Contracting Parties agree upon. 

Regarding after the present Treaty to carrying out sanctions the transferring state keeps
concerning the exclusive jurisdiction the judgements of its courts, those from these
imposed sanctions and all procedures for the resumption, alteration or abolition of the
such judgements and sanctions. 

 

    (1) the continued execution of the sanction after the commitment arranges itself 
        after the laws and procedural specifications of the taking over state, 
        including those, which regulate the conditions of the execution of
        the imprisonment, stopping or the other liberty withdrawal, and that one over the
        decrease of the imprisonment, stopping or the other liberty withdrawal by punishing
        deduction, caused dismissal or in other way. 

    (2) without prejudice to paragraph 3 of this article the taking over state
        is bound on the right nature and duration of the  sanction, 
        as they were specified by the transferring state. 

    (3) no liberty-extracting sanction is carried out by the taking over state in 
        a way that they transfer over in the judgement of the court state the 
        determined duration go out. Carrying out corresponds as far as possible 
        to the sanction imposed in the transferring state. 

    (4) if the transferring State of the judgement or the sanction in accordance 
        with article 5 of the present Treaty for the the subject of a resumption 
        makes, amends or waives or the sanction on other way reduced, converts or
        terminates, then the taking over state,  as soon as it is informed by the 
        decision, leads these in accordance with this article   through. 

    (5) the taking over state can treat condemned persons, who are after its right
        young people, according to its right valid for young people, independently of which
        status has the condemned person after the right of the transferring state. 

    (6) the taking over state informs the transferring state about the execution
        of the sanction, 
        a)   if the condemned person conditionally or after execution of the sanction 
            will dismiss;
        b) if the condemned person before conclusion of the execution of the sanction from
             the detention flees; or
        c) if the transferring state around a report asks. 

If a Contracting Party transfers a condemned person from a third state, the other
 Contracting Party with it co-operates for the easement of the Durchbefoerderung 
of the condemned person by its territory. The Contracting Party, that intends to 
make such Durchbefoerderung, brings these to the other Contracting Party to the 
attention of in advance.


Article 8 Costs 

Cost, which develop with the application of the present Treaty, are borne, 
excluded from the taking  over state the costs, which develop exclusively in 
the territory of the transferring state.
             

Article 9 Temporal area of application 

The present Treaty applies to the execution of sanctions, which were imposed before
or after its entry into force. 

Article 10 Final clauses 

(1) the present Treaty is subject to to ratification. It steps on the first day of
    the third monthly into strength, which after the month follows, in which the 
    instruments of ratification was exchanged. The instruments of ratification are
    exchanged as soon as possible in Bangkok. 

(2) the present Treaty can be quit by each Contracting Party  by notification to 
    the other Contracting Party on diplomatic way. The notice becomes six months 
    after the day of its a being enough effectively. 
    TO URKUND ITS signed    hiezu duly the authorized persons the present Treaty.
    HAPPENING to Vienna, on 8 September 1992 (2535 after Buddha), in duplicate 
    in English language. 

For the  Republic of Austria: 
    Wolfgang Schallenberg   m. p. 

For the Kingdom of Thailand: 
         Somboon Sangiambut  m. p. 

Of the Federal President and   by the Federal Chancellorcountersigned instrument 
of ratification signed on 20 May 1994 was exchanged; 
the contract steps in accordance with its kind. 10 Abs. 1 with 1 August 1994 in strength.

    Vranitzky