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Union of India - Section

Section 10 in Agreement Between the Republic of India and Republic of Kazakhstan on Transfer of Sentenced Persons

10. Continued enforcement of sentence.

Upon receiving the sentenced person, the Receiving State shall observe the following:
(a)Manner and procedures of execution of the sentence shall be in accordance with its applicable national laws;
(b)Execution of the sentence shall be as provided for in the judgement, without amendment to its term or nature. In any event, the sentence may not be aggravated;
(c)If national legislations of the Receiving State provide for a maximum term for the punishment which is less than the term rendered by the Transferring State, the Receiving State shall adhere to the maximum term provided in its national legislations for the same offence. In case of such adaptation, the Receiving State shall promptly transmit a copy of the legal document on the adaptation to the Transferring State;
(d)The period of time served within the territory of the Transferring State by the sentenced person shall be deducted;
(e)The Receiving State undertakes not to substitute an imprisonment for a financial penalty (Compounding the offence).
Article 11