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移入式被判刑人移管作为相互承认和执行监禁性刑罚判决的司法合作形式之一,因涉及比较多的国内法规则和程序问题,我国立法应予以特别的关注和规范。我国各主管机关应对外国提出的向我国移入被判刑人的请求进行联合审查并作出是否同意移管的决定;在实际移交被判刑人之后,应侧重于从技术上为国内执行程序提供具体的依据,由法院依照我国法律对外国法院科处的刑罚实行转换;遵守“一事不再理”原则,对经过判刑国审判的、由同一被判刑人实施的同一犯罪行为不再重新进行审判;而对于从判刑国移管到我国的服刑人员,有关刑罚的执行应当依照我国法律规定的程序进行。
As a form of judicial cooperation, mutual-recognition and enforcement of sentence of imprisonment, the transferred-in sentenced person’s transfer of jurisdiction is one of the forms of judicial cooperation. Because of the more domestic rules and procedural issues, our legislation should pay special attention and regulate. The competent authorities in our country should conduct a joint review of foreign requests for the transfer of sentenced persons to our country and make a decision whether to approve the transfer of control. After the actual transfer of sentenced persons, the competent authorities in our country should focus on providing technically specific basis for domestic implementation procedures, The court shall, in accordance with the law of our country, make a change to the sentence imposed by the Foreign Court Division; abide by the principle of “no longer dealing with the matter” and shall not re-trial the same criminal act executed by the same sentenced person after the passing of the sentenced country; and For prisoners who have been transferred to our country from the sentencing country, the execution of the relevant penalties shall be conducted in accordance with the procedures stipulated by the laws of our country.