The statutes mentioned are found at the address www.finlex.fi.

Transfer based on consent

The main objective of the transfer of sentenced persons is their rehabilitation. Accordingly, an imprisoned foreigner should have a possibility to serve his/her sentence in his/her own social environment. This objective may be reached by a transfer of that person to his/her home country.

A transfer requires the consent of the Sentencing and Administering State and that of the person in question and that he/she is a national/permanent resident of the Administering State. The sentence has to be final and enforceable and the dual criminality requirement must be met. The Administering State may convert the sentence to a corresponding domestic sentence but it may not reopen the case itself.

Transfer procedures are regulated in the Convention on the Transfer of Sentenced Persons that covers not only the Member States of the Council of Europe but also such countries as the United States, Japan, Venezuela and Israel. Domestic provisions are in the Act on International Cooperation in the Enforcement of Certain Penal Sanctions.

In Finland the decision on a transfer (either to or from Finland) is taken by the Ministy of Justice. In case a transfer to Finland is consented to, the Ministry either orders the enforcement of the sentence to be continued or sees to it that the sentence is converted. The conversion procedure takes place in Helsinki District Court.

Transfer regardless of consent

In certain situations it is possible to transfer a sentenced person to his/her home country even without his/her consent. If a sentenced person has been ordered deported from the Sentencing State after serving his/her sentence, a transfer may be effected regrdless of his/her consent. The logic behind this is the following: since the person is not allowed to remain in the Sentencing State after having served the sentence, it is more expedient with regard to his/her rehabilitation to transfer him/her back home as early as possible for rehabilitation regardless of his/her wish.

Transfer regardless of consent is regulated in the Protocol to the Convention on the Transfer of Sentenced Persons. For example Finland and Estonia have acceded to the Protocol.

Transfer between the Nordic Countries is based on uniform Nordic legislation. In Finland the relevant law is the Act on Cooperation between Finland and other Nordic Countries in the Enforcement of Criminal Sanctions. Transfer between the Nordic Countries is possible also without the consent of the person in question.