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International Treaty - Section

Section 4 in Agreement Between the Government of the Republic of India and the Government of the Republic of Italy on the Transfer of Sentenced Persons

4. Conditions for transfer

A sentenced person may be transferred under this Agreement on the following conditions:
(a)the sentenced person is a national of the Receiving State;
(b)the judgment is final;
(c)no criminal proceedings are pending against the sentenced person in the Transferring State in which his presence is required.
(d)at the time of receipt of the request for transfer, the sentence still to be served by the sentenced person is at least one year;
(e)the transfer is consented to by the sentenced person or, where in view of his/her age or physical or mental condition, by any of her person entitled to act on his behalf;
(f)the acts or omissions on account of which the sentence has been imposed constitute a criminal offence according to the law of the Receiving State or would constitute a criminal offence if committed on its territory; and
(g)The Transferring and Receiving States agree to the transfer.
Article 5