The Taipei Representative Office in the Federal Republic of
Germany and

the German Institute in Taipei

(in short, both Sides),

desire to cooperate in the transfer of sentenced persons and in
the enforcement of penal sentences, with a view to facilitating
the successful reintegration of sentenced persons into society,
and

have come to the following understanding:

I. Purpose
Both Sides share the view that this objective can be achieved
by giving foreigners who are deprived of their liberty as a
result of having committed criminal offences an opportunity
to serve the sentence imposed on them in their homeland.
Both Sides therefore declare their willingness, under the
pertinent laws and regulations, to transfer sentenced persons
who wish to be transferred, according to the principles of
humanity, security, speed, simplicity and reciprocity, by
cooperating on the enforcement of the imposed penal sentences
in the sentenced persons ’ homelands.

II. Definitions
1. A “ sentence ” means imprisonment for life or for a fixed
term imposed by a court of the transferring Side.
2. A “ sentenced person ” means a person who is required to be
detained in the prisons or other correctional facilities of
the transferring Side to serve a sentence by virtue of
decisions made by a court of that Side as a result of
committing a criminal offence.
3. The “ transferring Side ” means the Side by which the
sentence was imposed and from which the sentenced person may
be, or has been, transferred.
4. The “ receiving Side ” means the Side to which the
sentenced person may be, or has been, transferred in order to
serve the sentence.

III. Contacting Authorities
The contacting authorities responsible for the
implementation of this Arrangement will be
a) the German Institute in Taipei;
b) the Taipei Representative Office in the Federal Republic
of Germany.

IV. Application
1. The transfer of sentenced persons and cooperation in the
enforcement of penal sentences will be subject to the
following conditions:
a) the sentenced person is a passport holder of the receiving
Side;
b) the decision is final and no other legal proceedings
relating to the offence or any other offence are pending in
the transferring Side;
c) the transferring Side, the receiving Side and the sentenced
person or a person entitled to act on the sentenced person
’ s behalf all consent; and
d) the acts or omissions on account of which the sentence has
been imposed constitute the essential elements of a criminal
offence according to the law of the receiving Side or would
constitute such elements of a criminal offence if it were
committed in the area of application of the laws of the
receiving Side.
2. The transfer request made pursuant to the laws of both Sides
and this Arrangement can be initiated by either Side in
writing, either in the German or Chinese language, with a
translation into the other language. The request should
include:
a) a statement of the facts on which the sentence is based;
b) the termination date of the sentence, the length of time
already served by the sentenced person and any credits to
which he/she is entitled on account of good behaviour,
pre-trial confinement or for other reasons;
c) a certified copy of all decisions concerning the sentenced
person and the laws on which they are based.
3. The transferring Side should afford an opportunity to the
receiving Side to verify through an official designated by
the receiving Side, prior to the transfer, that the necessary
consent of the sentenced person or of a person entitled to
act on his behalf has been given voluntarily and with full
knowledge of the legal consequences thereof.

V. Enforcement of Sentences
1. Both Sides declare their willingness, should both Sides
consent to the transfer of sentenced persons or to
cooperation in the enforcement of penal sentences, to
encourage the competent authorities to take all necessary
measures.
2. The continued enforcement of the sentence after transfer
should be governed by the laws and procedures of the
receiving Side.
3. No sentence should be enforced by the receiving Side beyond
the period specified under the terms of the sentence imposed
by the court of the transferring Side. The imposed sentence
cannot be transformed into the death penalty nor can
sentences be enforced which are based on the death penalty.
4. The receiving Side should inform the transferring Side when
the sentenced person is discharged upon the completion of the
sentence or if he/she is granted conditional release.

VI. Retention of Jurisdiction
1. Where sentences are enforced pursuant to the laws of the
receiving Side and this Arrangement, it is understood that
only the transferring Side may propose any revision or
cancellation of the decisions of its courts and any revision
of the sentences imposed by them.
2. Any amnesty granted by the receiving Side to the sentenced
person should only be granted with the consent of the
transferring Side

VII. Final Provisions
1. Both Sides share the opinion that the expenses incurred in
the transfer of the sentenced person or in the enforcement of
the sentence after transfer should be borne by the receiving
Side.
2. The provisions of this Arrangement can be applied to the
enforcement of sentences imposed either before or after its
coming into operation.
3. Both Sides will begin to cooperate as envisaged by this
Arrangement on the thirtieth day after both Sides have
informed each other in writing that they are prepared to
commence such cooperation.

This Arrangement is signed in duplicate in the Chinese, English
and German languages, all three texts being equally valid.

In case of divergent interpretation of the Chinese and German
texts, the English text can be used as an interpretation aid.


For the Taipei Representative For the German Institute
Office in the Federal in Taipei
Republic of Germany

陳華玉 Michael Zickerick