Agreement between Italy and India on the transfer of sentenced persons

The international Agreement between Italy and India on the transfer of sentenced persons, aims to develop bilateral cooperation for the transfer of sentenced persons in order to facilitate their social rehabilitation. The Agreement consists of 20 articles and it is inspired by Strasbourg Convention of 21 March 1983 on the transfer of sentenced persons, to which India does not partecipate.

According to the Agreement, a person sentenced in the territory of a Contracting State, may be transferred to the territory of the other State in order to serve the sentence, provided that:
- the convicted person is a national of the receiving state
- the judgment is final
- the transferring State and the receiving State will agree
- the acts or omissions for which the person has been convicted considered as crimes by the law of the receiving State or would constitute an offense if committed on its territory.

The execution of the sentence shall be governed by the receiving state, which will be free, under its laws, to provide alternative measures.
The Central Authorities have been identified in the Ministry of Justice for the Italian Republic, the Ministry of the Interior for the Republic of India.

Mr. Luca Santaniello
Lawyer at Santaniello & Partners

To know more about the transfer of sentenced persons, see also:

Strasbourg Convention on the transfer of senteced persons

What to do if you are arrested in Italy

International Criminal Lawyers

Criminal Lawyers in Italy

Criminal Lawyers in India