Vollstreckungshilfe zwischen Deutschland und Taiwan auf neuer grundlage

• Autores: Ralf Riegel, Franca Fülle
• Localización: Eucrim: the European Criminal Law Associations' fórum, ISSN 1862-6947, Nº. 1, 2016 (Ejemplar dedicado a: Procedural rights and cooperation – new tendencies), págs. 61-64
• Idioma: alemán
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• Resumen

  • One of the main goals of imprisonment is to facilitate the reintegration of offenders into society. This is better achieved if offenders are sent to prison where they would like to settle upon release. Since German nationals are serving prison sentences in Taiwan and Taiwanese nationals are serving prison sentences in Germany, for a number of years both countries have been interested in reaching an agreement that permits the execution of custodial sentences in the other state. Because of Germany’s One-China policy, the conclusion of a binding treaty under international law is not an option. Instead, transfers must be regulated in each country’s domestic legislation. Taiwanese law additionally requires an agreement with the executing state, which is now contained in the arrangement between the German Institute Taipei and the Taipei Representative Office in Berlin on the Transfer of Sentenced Persons and Cooperation in the Enforcement of Penal Sentences, signed on 15 November 2013. German law permits transfers to Taiwan on the basis of Section 71 of the Act on International Legal Assistance in Criminal Matters (IRG); the enforcement of Taiwanese judgments can be taken pursuant to Sections 48 et seqq. of the same act. The agreement between Germany and Taiwan will place the transfer of sentenced persons for the execution of criminal sentences on a sound footing by means of coordinated transfer requirements, conditions, and consequences, thus facilitating international cooperation in the execution of criminal law judgments between the two countries