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The Senate and Chamber of Deputies
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forcefully sanctioned
Law:
ARTICLE 1 Approve the agreement on the transfer of persons from MERCOSUR States parties, signed at Belo Horizonte . FEDERAL REPUBLIC OF BRAZIL 16 on 16 December 2004, which consists of DIECISIETE (17) articles, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES TO THE NEW DAYS OF THE MAYME OF DOS MIL SIETE.
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ALBERTO BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
Agreement on the
PERSONS CONDENGED FROM
STATES PARTIES TO MERCOSUR
The Argentine Republic, the Federal Republic of Brazil, the Republic of Paraguay and the Eastern Republic of Uruguay, MERCOSUR States Parties hereafter referred to as States parties to this Agreement
Considering the Treaty of Assumption and the Ouro Preto Protocol established the commitment of States parties to harmonize their legislation in accordance with common objectives; Aware that such an objective should be strengthened through rules that ensure adequate implementation of criminal justice through the social rehabilitation of the convicted person; Convinced that for the fulfilment of such a humanitarian purpose it is appropriate for the person of the convicted person to be granted the opportunity to fulfil his or her sentence in the State of his or her nationality or in the State of legal and permanent residence, Recognizing that the way of obtaining such results is by transferring the sentenced person, Resolve conclude the following "Agreement on the Transfer of Condemned Persons".DEFINITIONS
ARTICLE 1
For the purposes of this Agreement, it shall be understood:
1. The State party to this Agreement where a sentence has been handed down and from which the sentenced person is transferred.
2. The receiving State: the State party to this Agreement to which the sentenced person is transferred.
3. Condemns: Any custodial sentence imposed by a final and enforceable court ruling.
4. Condemned or convicted person: the person who in the territory of one of the States parties to this Agreement must comply with or is serving a sentence.
5. National: Any person to whom the law of the receiving State attributes such a condition.
6.- Legal and permanent residents: those recognized as such by the receiving State.
GENERAL PRINCIPLES
ARTICLE 2
In accordance with the provisions of this Agreement:
a.- the convictions imposed in one of the States parties to this Agreement on nationals or the legal and permanent residents of another State party to this Agreement may be complied with by the convicted person in the State party to this Agreement of which he is a legal and permanent national or resident.
If a national or a legal and permanent resident of a State party to this Agreement is serving a sentence imposed by another State party to this Agreement under a conditional or conditional release, anticipated or monitored, such person may serve such a sentence under the supervision of the authorities of the receiving State provided that the Rights of the sentencing and receiving States so admit it.
b.- States parties to this Agreement undertake to extend the widest cooperation in the transfer of convicted persons, in accordance with the provisions of this Agreement.
CONDITIONS FOR THE IMPLEMENTATION OF
Agreed
ARTICLE 3
This Agreement shall apply in accordance with the following conditions:
1.- There is a sentence imposed by a final and enforceable court judgement.
2.- May the convicted person grant his or her express consent to the transfer, preferably in writing or by other fruitful means, having previously been informed of the legal consequences thereof.
3. - That the action or omission by which the person has been convicted also set up a crime in the receiving State. To this end, the differences that may exist in the name of the offence shall not be taken into account.
4. - That the convicted person is a national or a legal and permanent resident of the receiving State.
5. - That the sentence imposed is not death penalty or life imprisonment. In such cases the transfer may only be carried out if the sentencing State admits that the sentenced person is serving a custodial sentence, the duration of which is the maximum prescribed by the penal law of the receiving State, provided that he is not a life imprisonment.
6. - That the time to be served at the time of submission is at least 1 (one) year.
States parties to this Agreement may agree to transfer even if the duration of the sentence to be fulfilled is less than that provided for in the preceding paragraph.
7. - That the sentence is not contrary to the principles of public order of the receiving State.
8.- That both the sentencing State and the receiving State give their approval to the transfer.
INFORMATION TO PERSONS
CONDENADAS
ARTICLE 4
1. - Each State party to this Agreement shall report the content of this Agreement to any convicted person who may benefit from its implementation.
2. - The States Parties to this Agreement shall keep the convicted person informed of the application for transfer.
PROCEDURES FOR THE
ARTICLE 5
The transfer of the sentenced person shall be subject to the following procedure:
1. The procedure may be promoted by the sentencing State or by the receiving State, at the request of the convicted person or a third party on his behalf. No provision of this Agreement shall be interpreted as an impediment for the convicted person to request his transfer.
2. The request shall be processed through the Central Authorities designated under Article 12 of this Agreement. Each State party to this Agreement shall establish mechanisms for information, cooperation and coordination between the Central Authority and the other authorities to intervene in the transfer of the sentenced person.
3. - The request for transfer shall contain the information that proves compliance with the conditions set forth in Article 3.
4. At any time, before the transfer takes place, the sentencing State shall permit the receiving State to verify, if desired and by a designated official of the receiving State, that the sentenced person has given his consent with full knowledge of the legal consequences of the same.
Information to be
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SENTENCIA
ARTICLE 6
The sentencing State shall provide the receiving State with a report indicating:
1.- The offence for which the person was convicted.
2.- The length of the sentence and the time already completed, including the period of pre-trial detention.
3.- Detailed statement of the behaviour of the sentenced person, in order to determine whether he or she could benefit from the benefits provided for in the legislation of the receiving State.
4.- An authenticated copy of the judgement handed down by the competent judicial authority, together with all amendments made thereto, if any.
5.- Medical report on the convicted person, including information on his or her treatment in the sentencing State and recommendations for his or her continuation in the receiving State, where relevant.
6.- Social report and any other information that may help the receiving State take the most appropriate measures to facilitate its social rehabilitation.
7.- The receiving State may request supplementary reports if it considers that the documents provided by the sentencing State are insufficient to comply with the provisions of this Agreement.
The above-mentioned documents should be accompanied by the translation into the language of the receiving State.
Information to be
PROPOSING THE RECEPTOR STATE
ARTICLE 7
The receiving State shall provide:
1. - documentation that credits the nationality or legal and permanent residence of the convicted person; and
2. Copies of their legal provisions resulting in acts or omissions resulting in conviction in the sentencing State constitute an offence under the law of the receiving State or constitute it if committed in its territory.
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ARTICLE 8
1 - If the receiving State approves the request for transfer, it shall immediately notify the sentencing State, through the Central Authorities and take the necessary measures for its implementation.
When a State party to this Agreement does not approve the transfer of a convicted person, it shall communicate its decision to the requesting State, explaining the reason for its refusal when this is possible and appropriate.
2 - The surrender of the sentenced person by the sentencing State to the receiving State shall be carried out in the place agreed by the competent authorities. The receiving State shall be responsible for the custody of the convicted person from the time of delivery.
3 - Expenditures relating to the transfer of the sentenced person to the surrender to the receiving State shall be borne by the sentencing State.
The receiving State shall be liable for all expenses incurred by the transfer of the sentenced person from the time he is in his custody.
TRANSITIONAL
ARTICLE 9
The passage of the person transferred by the territory of a third State party to this Agreement shall require:
1. The notification to the transit State of the resolution granting the transfer and the favourable resolution of the receiving State. Notification shall not be required when air transportation is used and there is no provision for a regular landing in the territory of the State party to this Agreement, to be overwhelmed.
2. - The State of transit may grant its consent to the passage of the sentenced person through its territory. If not, you must base your refusal.
RIGHTS OF PERSON
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THE SENTENCE
ARTICLE 10
1. - A convicted person who is transferred as provided for in this Agreement shall not be arrested, prosecuted or sentenced again in the receiving State for the same acts that motivated the sentence imposed in the sentencing State.
2. - Except as provided for in article 11 of this Agreement, the conviction of a person transferred shall be carried out in accordance with the laws and procedures of the receiving State. The sentencing State may grant pardon, amnesty, grace or commutation of the sentence in accordance with its Constitution and applicable legal provisions. Received that it be the communication of such a resolution by the receiving State, it shall immediately take appropriate measures for its implementation.
The receiving State may apply to the sentencing State, through the Central Authorities, for pardon or commutation of the sentence through a substantial request.
3.- The sentence imposed by the sentencing State may not be increased or prolonged by the receiving State under any circumstances.
In no case shall the conversion of the penalty by the receiving State.
4. The sentencing State may request reports from the receiving State on the performance of the sentence of the person transferred.
REVISION OF SENTENCE AND EFFECTS
IN THE RECEPTOR STATE
ARTICLE 11
The sentencing State shall retain full jurisdiction for the review of the judgements handed down by its courts. The receiving State shall, upon receipt of notification of any decision in this regard, immediately take appropriate measures.
CENTRAL AUTHORITIES
ARTICLE 12
The States Parties to this Agreement shall, at the time of signature or ratification of this Agreement, designate the Central Authority to perform the functions provided for in this Agreement.
EXENTION OF LEGALIZATION
ARTICLE 13
Applications for the transfer of convicted persons, as well as documents accompanying them and other communications relating to the implementation of this Agreement, transmitted through the Central Authorities, are exempt from legalization or any other similar formality.
IDIOMA
ARTICLE 14
Requests for transfer and related documentation should be accompanied by translation into the target State party ' s language.
NEW TECHNOLOGY
ARTICLE 15
Without prejudice to the sending of the appropriate authenticated documentation, the Central Authorities of the States Parties to this Agreement may cooperate to the extent of their possibilities, through the use of electronic means or any other, that will allow a better and more agile communication between them.
FINAL PROVISIONS
ARTICLE 16
This Agreement shall prevail among States parties without prejudice to the most favourable solutions contained in other international instruments in force among them in this regard.
However, the States parties to this Agreement that are bound by bilateral treaties in this regard shall resolve the validity of such treaties.
ARTICLE 17
This Agreement shall enter into force in accordance with articles 2, 40 and 43 of the Ouro Preto Protocol on the Institutional Structure of MERCOSUR.
Made in the city of Belo Horizonte, on the 16th day of the month of December 2004, in two original copies, in the Spanish and Portuguese languages, both equally authentic texts.
