Transfer of A Sentenced Person Without His/Her Consent (Art. 454 and Art. 456 of the CPC)

Exceptionally, transfers of sentenced persons (prisoners) are carried out without their consent. This person’s consent is not required for his/her surrender to the country of nationality, if achievable through his/her expulsion. Consent of the person is not necessary, since this surrender is actually his/her extradition combined with recognition and enforcement of the sentencing country’s judgment against him/her in the country of nationality. Per argumentum a fortiori, there is no need for consent if the person fled from the sentencing country to the country of nationality. In that case, there might be no extradition, let alone actual transfer of the sentenced person since s/he is already in his/her country. There, only recognition and enforcement of the foreign judgment against him/her may take place. In view thereof, this person’s will is irrelevant. Unlike the previous case involving extradition, this one also does not require any Speciality Principle.