The Taipei Representative Office in Denmark and the Trade
Council of Denmark, Taipei (hereinafter referred to as ” the
Sides ” )desire to cooperate in the transfer of sentenced
persons and have come to the following understanding:

I. Purpose
‧ The Sides will afford each other the widest measure of
cooperation in respect of the transfer of the sentenced
persons in accordance with the provisions of this
Arrangement;
‧ Where the Sides approve and in accordance with the provisions
of this Arrangement, the sentenced person may be transferred
from the territory of the transferring Side to the territory
of the receiving Side with the sentenced person ’ s consent
in order for the sentenced person to continue serving the
sentence imposed by a court in the territory from which the
sentenced person is transferred.

II. Application
‧ The designated representatives responsible for the
implementation of this Arrangement will be the Taipei
Representative Office in Denmark, and the Trade Council of
Denmark, Taipei.
‧ The sentenced person may be transferred under this
Arrangement only on the following provisions:
‧ the sentenced person is a national of the receiving Side;
‧ the sentenced person consents to the transfer. The
transferring Side will ensure that the person who is
required to give consent to the transfer of this
Arrangement, does so voluntarily and with full knowledge of
the legal consequences;
‧ the judgment is final and no other legal proceedings
relating to the offence or any other offence committed by
the sentenced person are pending on the transferring Side;
‧ the acts or omissions for which the sentence has been
imposed constitute a criminal offence in accordance with
the legislation of the receiving Side;
‧ the expenses incurred in relation to the transfer of the
sentenced person will be borne by the receiving Side except
if a different settlement is made between the two Sides.
‧ The transfer request will be made in writing, cf. Annex 1.
‧ The transferring Side will retain exclusive jurisdiction for
the revision or cancellation of the judgment and sentence.
‧ The receiving Side will enforce the sentence as if the
sentence had been imposed in their territory.
‧ The continued enforcement of the sentence after transfer
will be governed by the laws and procedures of the
receiving Side, including those providing for the
conditions of detention and those providing for release;
‧ If the sentence by its nature or duration is incompatible
with the law of the receiving Side, the receiving Side may,
with the approval of the transferring Side, prior to
transfer, adapt the sentence to the punishment or measure
prescribed by their own law for a similar offence;
‧ If the transferring Side is satisfied with the adapted
sentence and is willing to proceed with the transfer, the
written approval of the transfer will be provided to the
receiving Side.
‧ When adapting the sentence, the receiving Side will be
bound by the findings of fact, insofar as they appear from
any opinion, conviction, judgment, or sentence imposed by
the transferring Side.
‧ The adapted sentence will, as far as possible, correspond
with the sentence imposed by the transferring Side. If the
sentence imposed by the transferring Side exceeds the
maximum penalty provided for similar offences under the law
of the receiving Side, the adapted sentence will not be
less than the maximum penalty provided for similar offences
under the law of the receiving Side.
‧ The adapted sentence will not aggravate, by its nature or
duration, the sanction imposed by the transferring Side,
nor exceed the maximum penalty prescribed by the law of the
receiving Side.
‧ When adapting the sentence, the receiving Side may not
convert a sanction involving deprivation of liberty to a
pecuniary sanction.
‧ The receiving Side will modify or terminate enforcement of
the sentence as soon as they are informed of any decision
by the transferring Side to pardon the sentenced person, or
of any other decision or measure that results in
termination or reduction of the sentence.
‧ The receiving Side will provide the following information
to the transferring Side in relation to the continued
enforcement of the sentence:
1) when the sentence has been completed or conditional
release is granted,
2) if the sentenced person has escaped from custody before
the sentence has been completed, and
3) if the sentenced person is unable to complete the
sentence for any reason.
‧ The Sides will treat the sentenced person transferred under
this Arrangement with respect to his right to life and his
protection against torture and cruel, inhuman or degrading
treatment or punishment.
‧ Where the transfer is approved, The Sides will make
arrangements for the transfer of the sentenced person.
Transfer of the sentenced person will occur on a date, at a
place and process decided upon by the Sides.

III. Settlement of disputes
Any dispute regarding the interpretation, application or
implementation of this Arrangement will be resolved by
consultations between the Sides.

IV. Final provisions
‧ This Arrangement will come into effect on the date of both
signatures.
‧ This Arrangement may be amended at any time, in writing, by
the mutual consent of the Sides.
‧ Either Side may terminate this Arrangement at any time by
written notification to the other Side. Such termination will
become effective on the expiration of a six-month period
after the date of receipt of notification.
‧ Notwithstanding any termination, this Arrangement, and any
assurances or commitments given pursuant to it, will continue
to have effect to the enforcement of sentences of the
sentenced person who has been transferred under this
Arrangement before the date on which such termination takes
effect.

In witness whereof the undersigned, being duly authorized
thereto, have signed this Arrangement.

Done in duplicate in the Chinese and English languages, both
texts being equally valid, In case of any divergence, the
English version shall prevail.


For the Taipei Representative For the Trade Council of
Office in Denmark Denmark, Taipei

─────────────── ───────────────
Shying-jow Lee Nicholas Enersen
Representative Director

July 8, 2019 / Taipei July 8, 2019 / Taipei