It is possible to transfer an individual’s sentence if there is a treaty between the Kingdom of Morocco and another nation. In the absence of any international convention or agreement on the transfer of sentenced persons, the transfer should be requested through diplomatic channels.In international criminal law, many foreign citizens sentenced in Morocco would like to serve part of their sentence with their family members in their country. To achieve this, your lawyer must maintain good relations with the corresponding consulate.On the contrary, there exist Moroccan citizens who have been convicted in various countries and aspire to return to the Kingdom of Morocco at the earliest convenience. In Morocco, the international transfer of sentenced individuals enables individuals who have been convicted in one country to serve their remaining sentence in another country, often their home country.
How does international transfer of sentenced persons work?
In order to ensure that individuals convicted in one country are able to serve their remaining sentence in another country, several key steps must be taken.The transfer procedure start with a formal transfer request. This request may be initiated by the person who has been sentenced, their legal representative, or the authorities of the country where they were convicted. The request is often made in relation to international treaties or bilateral agreements. The receiving country and the transferring country evaluate the request to determine if it meets legal and treaty requirements. Both nations evaluate whether the transfer request is in compliance with their respective legal systems and international agreements. This involves reviewing pertinent treaties, conventions, and national laws.Both the sending and receiving nations must agree to the transfer, this often involves diplomatic and legal negotiations to ensure that all conditions are met and that both countries are willing to accept and facilitate the transfer.Once approved, practical arrangements are made for the transfer of the individual. This includes coordinating the logistics of transportation and ensuring the security and welfare of the individual during the transfer.
The individual is physically transferred from the sending country to the receiving country. This step involves careful coordination to ensure a smooth process and compliance with both countries’ regulations.During the transfer process, the attorneys prepare and submit a formal transfer request, ensuring that all necessary documentation is complete and accurate. They address any legal or procedural issues that may arise during this phase and ensure that the transfer request complies with international treaties and national laws. They also advocate for the client’s rights and interests, addressing any possible legal obstacles or challenges.
How long will it take for the sentence to be transferred?
It can take some time for the authorities to agree to a transfer, and the effect of the transfer can also be subject to delays. The duration is contingent upon the duration required for the authorities in the sentencing state to process the request, for the relevant paperwork to be transferred to the Moroccan authorities, and for certain checks to be conducted here. To ensure that the transfer can be effected as quickly as possible, the request should be made at the earliest opportunity.
We will make sure that your rights are respected
At the LHOSNI LAW FIRM, we are committed to providing comprehensive legal support in the realm of international transfer of sentenced persons. This specialized area of law facilitates the transfer of individuals who have been convicted and sentenced in one country to serve the remainder of their sentence in another, usually their home country. We possess extensive expertise in traversing the intricate legal frameworks and international treaties that govern these transfers, including the various bilateral agreements. We provide end-to-end support, starting with the meticulous preparation and submission of transfer requests, through to the negotiation and coordination between the involved countries.
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