Cap. 446 Art. 32End of jurisdiction of the executing State.

(1) Where Malta is the executing State, if the sentenced person absconds or no longer has a lawful residence in Malta, the court of criminal jurisdiction may transfer the jurisdiction in respect of the supervision of all further decisions relating to the judgement back to the competent authority of the issuing State.

(2) If new criminal proceedings against the person concerned are taking place in the issuing State, the court of criminal jurisdiction of the issuing State may request the court of criminal jurisdiction to transfer jurisdiction in respect of the supervision of the community sanction and in respect of all further decisions relating to the judgement back to it.

(3) When, in the application of this article, jurisdiction is transferred back to the issuing State, the competent authority of that State shall resume jurisdiction. For the further supervision of the community sanctions, the competent authority of the issuing State shall take account of the duration and degree of compliance with the community sanctions in Malta, as well as of any decisions taken by Malta in accordance with article 31(3). responsible for its recognition and for taking the ensuing measures for the supervision of the community sanction and where it has no competence to recognise it and take the said measures for the supervision, it shall, ex officio, forward it to the competent authority of the issuing State;

(b) the fact that it is in practice impossible to supervise the community sanctions for the reason that, after transmission of the community sanction, together with the certificate, to Malta, the sentenced person cannot be found in the territory of Malta, in which case Malta shall be under no obligation to supervise the community sanction;

(c) the final decision to recognise the community sanction and to assume responsibility for supervising the community sanction;

(d) any decision not to recognise the community sanction and to assume responsibility for supervising the community sanction in accordance with article 31(2), together with the reasons for the decision;

(e) any decision to adapt community sanction in accordance with the provisos to article 31(2), together with the reasons for the decision;

(f) any decision on amnesty or pardon granted by the issuing or executing State which leads to not supervising the community sanction, together, where applicable, with the reasons for the decision.