Desire to return to their home country or another EU country. The person must express a clear desire to serve their sentence in their home country (or in another EU member state).
Permission from the executing state. The Participation in chosen country must agree to supervise the implementation of the probationary period.
Compliance with specified restrictions and obligations. The LRM sets a number of standard restrictions that will be monitored by the authority in the country of execution. These may include:
obligation to regularly report on the place of residence;
Prohibition on visiting certain places
compensation for the damage caused.
How does this work in practice?
At first glance! LRM offers a transparent facebook data mechanism! but Participation in practice demonstrates certain difficulties.
Bureaucracy and long processing times. Transferring a sentence to another country requires lengthy negotiations between states. Convicted persons often face unjustified delays.
Mixed approaches to enforcement. There are different legal cultures in different EU Member States. For example! in Spain! Article 197 of the Prison Rules is often used! which provides for a simpler procedure for foreigners. However! this approach may not take into account the specificities of the LRM! which leads to contradictions.
Insufficient flexibility of LRM. The law does not take into account the specifics of individual cases! which is why some cases become “hostages” to rigid norms.
How does it work abroad?
Germany
German courts focus on the rehabilitation of how to organize a successful event? convicted persons. If a foreign national wishes to return to their home country! the authorities carefully examine their social connections! employment and housing. If the result is positive! the sentence can be transferred to the country of origin! where local authorities ensure supervision.
France
In France! a key condition is clear cooperation between the judicial authorities of the two states. French courts often involve consular services to ensure that the ao lists conditions for reintegration in the home country are favorable.
Netherlands
In the Netherlands! the decision to postpone probation is made quickly! due to humanitarian considerations. Particular attention is paid to rehabilitation programs that help convicts overcome social isolation.