Enforcement of the sentence Sample Clauses

Enforcement of the sentence. 1. The Administering Party shall, in accordance with its domestic law, continue to enforce the sentence imposed by the Sentencing Party pursuant to the category and the duration of the sentence as determined by the Sentencing Party. 2. If the category and the duration of the sentence as determined by the Sentencing Party are incompatible with the laws of the Administering Party, the Administering Party may convert the sentence to the penalty prescribed by its domestic law for a similar offence for enforcement. In case of such a conversion, (a) the Administering Party shall be bound by the cognition on the facts indicated in the judgment of the Sentencing Party; (b) the Administering Party shall not convert penalty of deprivation of liberty to a pecuniary sentence; (c) the converted sentence shall, by its nature and as far as possible, correspond with that imposed by the Sentencing Party; (d) the conversion shall not aggravate the sentence imposed by the Sentencing Party, nor exceed the maximum duration of penalty applicable to a similar offence prescribed by the laws of the Administering Party; (e) the conversion is not bound by the minimum duration of penalty applicable to a similar offence prescribed by the laws of the Administering Party; and (f) the period of time served in custody in the territory of the Sentencing Party by the sentenced person shall be deducted. 3. When converting sentence in accordance with Paragraph 2 of this Article, the Administering Party shall transmit a copy of the legal document on the conversion to the Sentencing Party. 4. The Administering Party has the right, in accordance with its domestic law, to commute the sentenced person or release the person on probation.
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Enforcement of the sentence. 1. When enforcing the sentence handed down by the International Tribunal, the competent national authorities of the Requested State shall be bound by the duration of the sentence. 2. The conditions of imprisonment are governed by the legislation of the Requested State, subject to the International Tribunal's control, as provided for in Articles 6 to 8 and in paras. 2 and 3 of Article 9 below. 3. When the Requested State announces its agreement to a request referred to Article 1 of this Agreement, it shall also notify the International Tribunal of the dates of eligibility for early release (release on parole or provisional release, provided by the legislation in force in the Requested State). Subsequently, it shall notify the International Tribunal of any substantial alteration of these dates. 4. The Requested State shall notify the International Tribunal if the convicted person is granted a sentence enforcement method other than early release, or if this method is revoked or suspended. 5. One hundred days before the convicted person becomes eligible for early release, the Requested State shall inform the International Tribunal that a procedure for granting this release has been initiated. The President of the International Tribunal shall evaluate, in consultation with the judges of the Tribunal, whether there is reason to grant early release. The International Tribunal shall notify the Requested State of its decision fifty days from receipt of this notification. If it objects to early release and if early release is granted, the International Tribunal, pursuant to Article 9 para. 2 of this Agreement, shall transfer the convicted person to another State or to its headquarters 24 hours after the Tribunal's notification of the decision on early release at the latest. After this deadline, the Requested State has the authority to implement the decision on early release, in accordance with the legislation in force. 6. The conditions of imprisonment must comply with the Standard Minimum Rules for the Treatment of Prisoners, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment and the Basic Principles for the Treatment of Prisoners.
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Enforcement of the sentence. 1. The serving of a sentence by a sentenced person who has been transferred shall be enforced in accordance with the rules of the prison system of the Receiving State. In no case may the sentence involving deprivation of liberty imposed by the Transferring State be modified with respect to its nature or duration. 2. No sentence involving deprivation of liberty shall be enforced by the Receiving State in such a way as to increase the length of deprivation of liberty beyond the prison term provided for in the sentence imposed by the court of the Transferring State. 3. If a national of one Party is serving a sentence imposed by the other Party on conditional release or some other form of adjusted sentence, he or she may serve such sentence under the supervision of the Receiving State.
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Enforcement of the sentence. 1. The serving of a sentence by a sentenced person who has been transferred shall be enforced in accordance with the rules of the prison system of the receiving State. In no case may the receiving State alter the nature or duration of a custodial sentence imposed by the transferring State. 2. No sentence shall be enforced by the receiving State in such a way as to increase the length of custody beyond the prison term provided for in the sentence imposed by the court of the transferring State. 3. If a national of one Party is serving a sentence imposed by the other Party on conditional early or supervised release or some other form of adjusted sentence, he or she may serve such sentence under the supervision of the receiving State. 4. The judicial authority of the transferring State shall request the supervisory measures of its concern through letters rogatory that will be processed through the diplomatic channel. 5. For the purposes of this article, the judicial authority of the receiving State may take the requested supervisory measures and shall keep the transferring State informed of how the measures are implemented, and where necessary shall inform the transferring State immediately of failure by the sentenced person to comply with the obligations assumed. 6. For the implementation of this Agreement, the Parties shall communicate to each other in due course the designation of the responsible Central Authority by means of Diplomatic Notes.
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Enforcement of the sentence. The execution of the penalty shall be governed by the laws of the penitentiary system of the receiving State. In no case may the nature or duration of the sentence involving deprivation of liberty issued by the sending State be modified.
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Related to Enforcement of the sentence

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • GOVERNING LAW & ENFORCEMENT The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, the Settling Entity stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. As an expressed condition of this Settlement Agreement, the Settling Entity waives any exemptions under California Health & Safety Code §25249.6

  • Limitation on Enforcement The Lenders agree that this Guaranty may be enforced only by the action of the Administrative Agent acting upon the instructions of the Required Lenders and that no Lender shall have any right individually to seek to enforce or to enforce this Guaranty, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for the benefit of the Lenders under the terms of this Credit Agreement. The Lenders further agree that this Guaranty may not be enforced against any director, officer, employee or stockholder of the Guarantors.

  • Priority of Provisions If there is a conflict or inconsistency between any term, statement, requirement, or provision of any document or exhibit attached to, referenced by, or incorporated in this Agreement and any provision of Articles 1 through 11 of this Agreement, the provisions contained in Articles 1 through 11 shall prevail and be given effect.

  • Enforcement of Remedies None of the Agent or the Lenders shall be obliged before taking steps to enforce any rights conferred on it by this Clause or exercising any of the rights, powers and remedies conferred on it hereby or by law: 22.2.1 to take action or obtain judgment in any court against the Borrower or any other person from whom it may seek payment of any sum due from the Borrower under this Agreement or any other Security Document; 22.2.2 to make or file any claim in a bankruptcy, winding-up, liquidation or re-organisation of the Borrower or any other such person; or 22.2.3 to enforce or seek to enforce any other rights it may have against the Borrower or any other such person.

  • Severability; Enforcement If any provision of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.

  • Enforcement of Covenants The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 8, 9, 10 and 11 hereof. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information, trade secrets, and other legitimate interests of the Company and its Company Affiliates; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. The Executive further agrees that the Executive will never assert, or permit to be asserted on the Executive’s behalf, in any forum, any position contrary to the foregoing. The Executive further acknowledges that, were the Executive to breach any of the covenants contained in Sections 8, 9, 10 or 11 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that in the event of the breach or a threatened breach by Executive of any of the provisions of Sections 8, 9, 10 or 11 hereof, the Company, in addition and supplementary to other rights and remedies existing in its favor (including pursuant to Section 3(c) hereof), may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without posting a bond or other security), and will additionally be entitled to an award of attorney’s fees incurred in connection with securing any relief hereunder. The parties further agree that if, at the time of enforcement of Sections 8, 9, 10 or 11, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall revise the restrictions contained herein to cover the maximum period, scope and area permitted by law. The Executive agrees that the Restricted Period shall be tolled, and shall not run, during any period of time in which the Executive is in violation of the terms thereof, in order that the Company and its Company Affiliates shall have all of the agreed-upon temporal protection recited herein. No breach of any provision of this Agreement by the Company, or any other claimed breach of contract or violation of law, or change in the nature or scope of the Executive’s employment relationship with the Company, shall operate to extinguish the Executive’s obligation to comply with Sections 8, 9, 10 and 11 hereof.

  • Restriction on Enforcement Hedge Counterparties

  • Enforcement of Due On-Sale Clauses; Assumption Agreements.

  • Restoration of Rights on Abandonment of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

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