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TRANSFER OF PRISONERS UNDER INTERNATIONAL INSTRUMENTS AND DOMESTIC LEGISLATION

NCJ Number
145674
Author(s)
M Plachta
Date Published
1993
Length
590 pages
Annotation
This study examines the situation of foreign offenders in prisons from legal, social, humanitarian, and statistical perspectives. The author also analyzes domestic efforts designed to improve prison conditions and the treatment of foreign inmates.
Abstract
The author intends to fill a gap in the doctrine and literature of international criminal law by providing a comprehensive and comparative analysis of inmate transfer schemes. The core of the book is the discussion of the basic problems that underlie prisoner transfer instruments. These include the scope of persons eligible for transfer, conditions for transfer (such as the double criminality requirement, the nature and scope of offenses underlying conviction, the minimum time remaining to be served, and minimum legal safeguards, the transfer procedure, and the systems of adaptation of a foreign sentence to domestic law. The author discusses prisoner transfer schemes in the context of the system of international cooperation in criminal matters. Other topics discussed are the application of international instruments to the domestic legal system and the practice of prisoner transfer. 26 tables, a subject index, and a 500-item bibliography