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Agreements Agreement Transfer Of Convicted Persons Between Argentina And Portugal - Full Text Of The Norm

Original Language Title: ACUERDOS ACUERDO TRASLADO DE PERSONAS CONDENADAS ENTRE ARGENTINA Y PORTUGAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ACUERDOS Law 26.608 Approve the Agreement between the Argentine Republic and the Portuguese Republic on the Transfer of Condemned Persons. Posted: June 23, 2010 Cast: July 20, 2010

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Appropriate the agreement between the ARGENTINA REPUBLIC and the PORTUGUESE REPUBLIC on the tram of persons who are registered, signed in Lisbon .REPUBLICA PORTUGUESA. on 6 October 2008, which consists of VEINTE (20) articles, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

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DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE YEAR'S JUNE VEINTITRES.

JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

Agreed

BETWEEN THE ARGENTINA REPUBLIC AND THE PORTUGUES REPUBLIC ON THE TREATMENT OF CONDENATE PERSONS

The Argentine Republic and the Portuguese Republic, henceforth called the "Parts",

Encouraged by the ties of fraternity, friendship and cooperation that preside over the relations between the two countries;

Wishing to deepen that privileged relationship in the field of cooperation in areas of common interest;

Recognizing that such cooperation should, in the interests of good administration of justice, contribute to the social reintegration of convicted persons;

Considering that for the realization of these objectives it is important that citizens of both States or persons who in them have their habitual residence, who are deprived of their liberty by a judicial decision issued under an offence, have the possibility of serving their sentences in their social environment of origin;

Considering that the best way to guarantee this is to enable the transfer of convicted persons;

Agree to the following:

Article 1 Definitions

For the purposes of this Agreement it is considered:

a. "Condemns": any penalty or measure of deprivation of liberty, including a measure of security, of a specified duration, issued by a judge or court pursuant to the commission of an offence;

b. "Sentence": judicial decision imposing a sentence;

c. "State of the Condemn": State in which the person who may be transferred was condemned;

d. "State of Execution": State to which the person will be transferred in order to serve the penalty.

Article 2 General Principles

1.- The Parties undertake to cooperate with each other in order to enable the transfer of a convicted person into the territory of one of them to the territory of the other, so that he or she may serve or continue to serve a sentence imposed on him by a sentence handed down in authority of a judgement.

2.- Any Party or convicted person may request the transfer.

Article 3 Conditions for transfer

The transfer may take place when:

a. A person convicted in the territory of one of the Parties is a citizen of the other Party or has a habitual residence in which the transfer is justified;

b. The sentence is final;

c. The duration of the sentence to be served or completed shall be at least six months at the date of submission of the request to the State of the Condemnation;

d. The facts that caused the conviction constitute an offence under the law of both Parties;

e. The convicted person or his or her representative, when by virtue of his or her age, of his or her physical or mental condition, is deemed necessary by one of the Parties, to consent to carry out the transfer;

f. The Parties agree with the transfer.

Article 4o Information

1.- The Parties undertake to inform convicted persons to whom this Agreement may apply on their content, as well as on the terms in which the transfer can be made effective.

2.- The Party to which the convicted person has expressed the wish to be transferred must inform the other Party of this request as soon as possible. If that request is made to the State of the Condemn, the report shall be accompanied by the indication of the request regarding the transfer.

3.- The report referred to in the previous number should contain: (a) Indication of the offence by which the person was convicted, the duration of the penalty or measure applied and the time already fulfilled;

(b) Certified certificate or copy of the judgement, with express mention of the date from which it has been signed and the text of the applicable legal provisions;

(c) Declaration of the sentenced person regarding his or her consent to be transferred;

(d) If appropriate, any medical or social report on the person concerned, on the treatment of the person who was subjected to the State of the Condemn and any kind of recommendations concerning the manner in which such treatment should be continued in the State of Implementation;

(e) Other elements of interest in the execution of the sentence.

4.- The Party to which the person must be transferred may request such supplementary reports as it deems necessary.

5.- The convicted person shall be informed of the decision regarding the request for transfer.

Article 5 Central Authorities

1.- For the purpose of the receipt and transmission of relocation requests, as well as of all communications referred to therein, the Parties designate as central authorities:

(a) For the Portuguese Republic: Procuradoria- Geral da República;

(b) For the Argentine Republic: Ministry of Justice, Security and Human Rights of the Nation.

2.- Transfer requests will be transmitted directly to the central authorities of the Parties.

3.- The decision to accept or reject the transfer shall be communicated to the requesting State as soon as possible.

Article 6

1.- Consent shall be provided in accordance with the national legislation of the Party where the person is to be transferred.

2.- The Parties should ensure that the person whose consent is necessary for the transfer voluntarily and with full awareness of the consequences arising therefrom.

Article 7 The transfer and its effects

1.- Determined the transfer, the sentenced person shall be handed over to the State where the sentence must be served at an agreed place between the Parties.

2.- The execution of the sentence shall be suspended in the State of the Condemn from the time the authorities of the State of Execution take over the convicted person.

3.- Once the sentence has been served in the State to which the person has been transferred, the State of the Convict will no longer be able to execute it.

Article 8

1.- The transfer of any convicted person shall be made only if the sentence is enforceable in the State to which the person must be transferred.

2.- The State to which the person must be moved cannot:

(a) Agravating, increasing or prolonging the penalty or measure applied in the State of the Condemn, or depriving the sentenced person of any right beyond the sentence handed down in the State of the Condemnation;

(b) Modify the matter of fact contained in the judgement handed down in the State of the Condemn;

(c) Convert a custodial sentence to a pecuniary penalty.

3.- In the execution of the sentence, the laws and procedures of the State to which the person has been transferred shall be observed.

Article 9

The State of Execution is responsible for the expenses resulting from the transfer, from the time it takes the person convicted. You may not, in any case, claim reimbursement of such expenses.

Article 10: Amnesty, pardon and commutation of the sentence

Only the State of the Condemn may grant amnesty, pardon or commutation of the sentence or security measure in accordance with the respective Constitution or its national legislation. However, the State of Execution may request the State of the Condemn, on a substantiated request, to grant pardon or commutation of the sentence or of the security measure.

Article 11 Recourse to review

1.- Only the State of the Condemn will understand in a review appeal.

2.- The decision shall be communicated to the other Party, which shall execute the amendments to the sentence.

Article 12 Cessation of execution

The State to which the person has been transferred must cease with the execution of the sentence as soon as the State of the Convict informs him of any decision or measure intended to withdraw the sentence or its enforceable character.

Article 13 Non bis in idem

1.- The person transferred to the territory of one of the Parties may not be tried or convicted in the same case by which he was tried or convicted in the territory of the other Party.

2.- However, a person transferred may be arrested, tried and sentenced in the State of Execution for any other act other than that which gave rise to the sentence in the State of the Condemn, provided that it is penalized by the law of the State of Execution.

Article 14 Information concerning the performance of the sentence

The State to which the person has been transferred must inform the State of the Condemn when:

a. The sentence has been completed or the person transferred has evaded it before it has been completed;

b. The State of Condemns requests information on the enforcement of the sentence, including the granting of liberty and the release of the sentenced person.

Article 15 Implementation in time

This Agreement shall apply to the execution of convictions issued prior to or after their entry into force.

Article 16o Translation Dispensa

It will not be necessary to translate the writings and documents transmitted under this Agreement.

Article 17th Resolution of doubts

The doubts about the interpretation or application of this Agreement shall be resolved through diplomatic channels.

Article 18 Entry into force

This Agreement shall enter into force 30 days after the date of receipt of the last communication, in writing and by diplomatic means, that all constitutional or legal formalities required by each Party for its entry into force were fulfilled.

Article 19

1.- This Agreement shall apply for an indefinite period of time.

2.- Any Party may at any time denounce this Agreement.

3. The effects of this Agreement cease after six months of the date of receipt of the complaint, which was made in writing and by diplomatic means.

4.- Notwithstanding the complaint, the provisions of this Agreement shall continue to apply to the execution of sentences of persons who have been transferred under this regime.

Article 20

The Party to whose territory this Agreement is signed, within the shortest possible time after its entry into force, shall submit it for registration to the Secretariat of the United Nations, in the terms of Article 102 of the Charter of the United Nations. It shall also notify the other Party of the conclusion of this procedure and indicate the number assigned to the registry.

Made in Lisbon, on October 6, 2008, in two copies written in Spanish and Portuguese, both equally authentic.

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