Transferring community sanctions abroad

Transferring community sanctions between Nordic countries

In Finland, a probation office starts the process by drawing up a request to transfer the enforcement of community service, conditional imprisonment or conditional release with supervision to another Nordic country. The director of the Client Processes Department of the Prison and Probation Service decides on forwarding the transfer request the Nordic country in question. The director also decides on request forwarded by another Nordic country to Finland. The actual enforcement of the sentence is governed by the law of the country where the enforcement takes place.

The EU Council Framework Decision on the enforcement of probation measures and community sanctions in another EU Member State, which entered into force in Finland on 5 December 2011, does not affect the procedural provisions on the transfer of community service, conditional imprisonment or conditional release with supervision.

Act on cooperation between Finland and other Nordic countries in the enforcement of sentences in criminal matters (326/1963) (finlex.fi, in Finnish)

Transferring community sanctions between EU Member States

The Framework Decision 2008/947/JHA and the Act on the Implementation of the Framework Decision are applied to the transfer of community sanctions between the EU Member States.

• the judgment or probation decision is final and concerns community service, juvenile punishment, monitoring sentence, conditional imprisonment, a decision on supervision of a person sentenced to conditional imprisonment, a decision on supervision of a conditionally released person, or a decision on placement in probationary liberty under supervision.
• the sentenced person has permanent residence in that Member State;
• the sentenced person consents to the transfer of the enforcement; and
• it enhances the sentenced person’s prospects to reintegrate into society.

The decision on a transfer is made by the Director of the Client Processes Department of the Prison and Probation Service. The matter is prepared by the Enforcement Unit. The decision of the Prison and Probation Service may be appealed to the Helsinki Administrative Court.

The EU Member State has to accept the enforcement of the judgment unless specific grounds for refusal laid down in the law apply. This could be, for example, the short duration of the enforcement of a probation measure or community sanction (less than six months), in which case the transfer is not rational. The decision on receiving the sentenced person has to be made within 60 days of receipt of the request of the State that delivered the judgment.

All EU Member States have implemented the Framework Decision in their national law. The application of the Framework Decision in a specific situation may be checked from the International Enforcement Team of the Enforcement Unit of the Prison and Probation Service by email [email protected].

Transfer of community sanctions, Act on the Implementation of the Framework Decision: Act on the National Implementation of the Provisions of a Legislative Nature in the Framework Decision on Probation Measures and Alternative Sanctions within the European Union and on the Application of the Framework Decision 1170/2011 (finlex.fi, in Finnish)

Transfer of community sanctions, Framework Decision: The Framework Decision of the Council of the European Union on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions 2008/947/YOS (eur-lex.europa.eu)

Client’s right to legal counsel in the transfer process

The client has the right to use a legal counsel (advocate, public legal aid attorney, licensed legal counsel) to assist in the transfer of a community service between Nordic countries or a community sanction between EU Member States. The probation office helps the client to find such a legal counsel, for example, by providing the client with a list of local legal counsels. However, the office may not select a legal counsel. The decision on the legal counsel and the payment of the counsel’s fee is made by the Prison and Probation Service.

Transferring to other countries

The transfer of the enforcement of community sanctions is not possible to countries other than the Nordic countries and the EU Member States.

Further information

For more information on the matter, please contact the International Enforcement Team of the Enforcement Unit of the Prison and Probation Service by email [email protected].