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Transfer Of Convicted Persons (Canada) - Full Text Of The Rule

Original Language Title: TRATADOS TRASLADO DE CONDENADOS (CANADA) - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
TREATY Law 26.251 Approve the Treaty between the Government of the Argentine Republic and the Government of Canada on the transfer of convicted persons, signed in Buenos Aires on 3 July 2003. Sanctioned: April 25, 2007. In fact promulgated: May 21, 2007.

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress, etc.

forcefully sanctioned

Law:

ARTICLE 1 Approved the TREATY BETWEEN THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE CANADA GOVERNMENT ON CONDENTED TREATY, signed in Buenos Aires on 3 July 2003, which consists of TRECE (13) articles, whose authenticated photocopy is part of this law.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICINCO DIAS OF THE MONTH OF APRIL OF THE YEAR DOS MIL SIETE.

_

ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.

TREATY

BETWEEN THE GOVERNMENT OF THE ARGENTINA REPUBLIC

AND THE GOVERNMENT OF CANADA

ON CONDENATE TREATY

The Government of the Argentine Republic and the Government of Canada, henceforth referred to as "the Parties";

With the desire to promote mutual cooperation in criminal justice;

Persuaded that the essential purpose of the punishment is the social reintegration of convicted persons;

Considering that in order to achieve this objective it is appropriate to grant those convicted of foreign nationality, who were deprived of their liberty for having committed an offence, the possibility of serving the sentence in the country of their nationality.

They agreed on the following:

Article I

GENERAL PRINCIPLES

1. The penalties or security measures imposed in the Argentine Republic on Canadian citizens may be carried out in Canada ' s penal institutions or under the supervision of the Canadian authorities in accordance with the provisions of this Treaty.

2. The penalties or security measures imposed in Canada on Argentine nationals may be carried out in the penal institutions of the Argentine Republic or under the supervision of the authorities of the Argentine Republic in accordance with the provisions of this Treaty.

3. The status of a national of the Receptor State that a person is reviewing will be taken into account at the time of requesting the transfer.

Article II

DEFINITIONS

For the purposes of this Treaty:

(a) "Second Sentencer" is the Party that condemned the person and from which it will be transferred;

(b) "Receptor State" is the Party to which the convicted person shall be transferred; and

c) "Condemned" is the person who in the territory of any Party has been sentenced to a custodial sentence, a period of probation or any other form of community supervision.

Article III

TRAVEL REQUIREMENTS

To proceed in accordance with this Treaty, the following requirements shall be met:

(a) That the conduct by which the offender was convicted is punishable as a crime in the Receptor State. To this end, differences in denomination or those that are not related to the nature of the offence shall not be taken into account;

(b) May the convicted person be a national or a citizen of the Receptor State, as appropriate;

(c) That the person has not been convicted of a strictly military offence;

(d) When they remain to serve at least six months of the sentence at the time of the application;

(e) That the judgement is firm, i.e. that there are no pending appeal or review procedures for the conviction or sentence in the sentencing State and that the time prescribed for the appeal has expired;

(f) When the convicted person has consented to the transfer; and

(g) When the sentencing State and the receiving State agree on the transfer.

Article IV

AUTHORITY

1. The Parties shall communicate by diplomatic or other means agreed upon between the Parties, with the authority to exercise the functions provided for in this Treaty.

2. For the purposes of paragraph 1 of this article, the designated authority shall, in the case of the Argentine Republic, be the Ministry of Justice, Security and Human Rights; in the case of Canada, the Requester-General of Canada.

Article V

INFORMATION AND CONSENTANCE

1. The competent authorities of the sentencing State shall inform all national convicts of the other Party of the essential object of this agreement.

2. The consent of the sentenced person to be transferred shall be expressed in writing.

3. The formalities for the manifestation of consent shall be governed by the law of the sentencing State.

Article VI

REPLIES AND REPLIES

1. The convicted person may submit his request for transfer to the sentencing State or the Receptor State.

2. The request for transfer may be made by the sentencing State or by the Receptor State.

3. Applications and replies shall be made in writing, and shall be communicated, without delay, to the Parties referred to in Article IV through the means described in this Article.

4. The decision to approve or refuse the transfer is at the absolute discretion of the Receptor State and the sentencing State.

5. In making the decision, each Party shall consider all factors that may contribute to the social reintegration of the sentenced person.

6. The convicted person shall be informed in writing of any action and decision taken by any State with respect to the request.

Article VII

THE CONSENTATION AND ITS VERIFICATION

Before the transfer, the Sentencer State shall give the opportunity to the Receptor State, if it so wishes, to verify by means of an official designated by the Receptor State, that the consent of the person sentenced to the transfer has been voluntary and with full knowledge of the legal consequences of the transfer.

Article VIII

OBLIGATION OF PROPOSING INFORMATION

1. The Sentencer State shall hand over to the Receptor State a certified copy of the sentence that condemns the offender, a statement of the facts on which the judgement was based, a copy of the applied legal rules, information on the nature, duration and date of initiation of the conviction, and a statement indicating which part of the sentence has already been fulfilled, including the pre-trial detention and commutation of the conviction.

2. The Sentencer State shall provide, where relevant, medical or social reports on the convicted person, information on the treatment received in the Sentencer State and any recommendations on future treatments.

3. The Receptor State may request any additional information concerning the sentenced person in order to comply with the provisions of this Treaty.

4. The preceding information shall be translated into the official language of the Receptor State and duly authenticated.

Article IX

PROCEDURES FOR THE

1. The transfer of the sentenced person shall take place at the agreed place of both Parties.

2. The Receptor State shall be responsible for the custody and transfer of the sentenced person to prison, penitentiary, or where he shall serve the sentence.

3. The Receptor State shall bear the expenses incurred in respect of the transfer of the sentenced person from the time the sentenced person becomes in his custody until the end of the sentence.

Article X

PROCEDURES FOR THE IMPLEMENTATION OF

1. The Receptor State shall be bound by the legal nature and duration of the sentence as determined by the sentencing State.

2. However, if the sentence is inconsistent with the laws of the Receptor State, the State may adapt the sentence to a sentence that is provided for by its own laws for a similar offence. This sentence shall not, by its nature or duration, aggravate the sanctions imposed in the sentencing State or exceed the maximum prescribed by the Receptor State.

3. Except as otherwise provided in this Treaty, the enforcement of the sentence for the convicted person shall be carried out in accordance with the laws and procedures of the Receptor State. However, the sentencing State shall retain the right to pardon or grant amnesty or commutation of the sentence, and the Receptor State shall take the necessary measures when receiving notification of such pardon, amnesty or commutation.

4. In the light of the receipt of a written request by the Sentencer State, the Receptor State shall provide information on the administration of the sentence.

5. The person transferred under this Treaty shall not be detained, tried, or re-convicted in the Receptor State for the same offence on which the sentence must be served was based.

Article XI

JUVENILES

This Treaty may extend to persons subject to supervision or other measures under the law of one of the Parties relating to juveniles. The Parties shall, in accordance with their laws, agree on the type of treatment to be granted to such individuals in their transfer. For the transfer, the consent of the person legally authorized to accept it on behalf of the young person shall be obtained.

Article XII

IMPLEMENTATION TO THE INTERNATIONAL LAW

In order to comply with the purpose of this Treaty, each Party shall take all necessary legislative measures and shall establish appropriate administrative procedures to ensure that the sentences imposed have legal effect within its respective territories.

Article XIII

FINAL PROVISIONS

1. This Treaty shall apply to the enforcement of judgements pronounced before or after their entry into force.

2. This Treaty shall be subject to ratification and shall enter into force on the date on which the respective instruments of ratification are exchanged. It will last indefinitely. Any Party may notify the other party in writing, at any time, of its intention to denounce this treaty, in which case it shall cease to be in force at the hundred and eighty (180) days of the date of the respective notification.

In faith, the undersigned, duly authorized by their respective Governments, sign the present Treaty.

Made in Buenos Aires, on 3 July 2003, in two original copies in Spanish, English and French, each being equally authentic.

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