Posted the: 2015-03-09 Numac: 2014015225 SERVICE PUBLIC FEDERAL Foreign Affairs, external trade and development COOPERATION may 12, 2014. -Law concerning consent to the Convention between the Kingdom of Belgium and the Dominican Republic on the transfer of sentenced persons, signed in Santo Domingo on May 5, 2009 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention between the Kingdom of Belgium and the Dominican Republic on the transfer of sentenced persons, signed in Santo Domingo on May 5, 2009, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, may 12, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM CONVENTION between the Kingdom of Belgium and the Republic Dominican on transfer of persons sentenced Belgium, and Dominican Republic, animated by a common desire to improve international cooperation in criminal matters and to facilitate the social reintegration convicts in their to serve their sentence in the country of their nationality, have agreed as follows: ARTICLE 1 scope 1. The parties will collaborate more broadly possible on transfer of sentenced persons.
2. the penalties or custodial measures imposed in addition to or in substitution of sentences by a judge because of criminal offences which are imposed in the Dominican Republic to Belgian citizens may be purged in Belgian prisons in accordance with the provisions of this convention.
3. the penalties or custodial measures imposed in addition to or in substitution of sentences by a judge because of criminal offences which are imposed in Belgium to Dominican citizens may be purged in Dominican prisons in accordance with the provisions of this convention.
ARTICLE 2 DEFINITIONS for the purposes of this convention: 1. is understood by "Transferring State", the State which delivered the condemnation and from which the convicted person will be transferred;
2 is heard by "Receiving State", the State to which the sentenced person will be transferred to serve the sentence imposed in the State transferring;
3 is understood by 'condemned', the person sentenced on the territory of one of the two parties, pursuant to a final conviction, to a penalty or deprivation of liberty.
ARTICLE 3 CONDITIONS of APPLICATION this convention will focus its effects in the following cases: 1. the acts or omissions giving rise to the criminal decision must also be punishable in the receiving State, even if the penalty and its classification in criminal law do not match those laid down in its legislation;
2. the convicted person must have the nationality of the receiving State;
3. the convicted person must ask himself his transfer or, if the application emanates from the State transferring or the receiving State, the convicted person must expressly agree. Incapacity of the convicted person, the consent shall be granted by his guardian;
4. the duration of sentence or measure involving the deprivation of liberty to be served at the time of the introduction of the request for transfer must be greater than six months;
5. the decision of conviction must have the authority of res judicata irrevocably and there may be no other criminal proceedings in progress in the State transferring responsibility of the convicted person;
6. unless the convict has recognized insolvent, the transfer may be refused if the convicted person is not discharged, to the extent considered satisfactory by the transferring, State of all the provisions of the decision of condemnation.
ARTICLE 4 central authorities the parties designate, as central authorities to organize the functions prescribed in this convention, the Service Public Fédéral Justice, for the Kingdom of Belgium, and the public prosecutor of the Republic, for the Dominican Republic.
ARTICLE 5 OBLIGATION TO INFORM 1. Any sentenced person to whom the convention is likely to be applied should be informed by the central authorities of States transferring and receipt of the content of the convention and the legal consequences arising from the transfer. It should especially be brought to the attention of the person concerned where applicable, may be prosecuted, tried or sentenced in the territory of the executing State for offences other than those giving rise to the transfer.
2. If the convicted person expresses the State transferring its willingness to be transferred under this convention, that State shall inform the receiving State as soon as possible.
3. the information provided shall include: a) the name, first name, date and place of birth of the person sentenced;
b) if applicable, the home of the convicted person in the receiving State;
c) a statement of the facts that led to his conviction;
(d) the nature, duration and the date of his sentence).
4. If the convict expresses its willingness to be transferred under this convention to the receiving State, transferring the State will communicate to that State, at its request, information to which referred to in previous paragraph.
5. the convicted person shall be informed in writing of any action undertaken by the receiving State or the transferring State pursuant to the preceding paragraphs, as well as any decision taken by one of the two States a transfer request.
6. the consent to the transfer issued by the convict is irrevocable for a period of 90 days from the date of the collection of this consent.
ARTICLE 6 REQUESTS AND RESPONSES 1. Transfer requests and responses will be made in writing and addressed to the central authorities designated in this agreement.
2. the receiving State and the State transferring will have a discretion to reject the transfer of the convicted person and shall communicate their decision to the applicant. The notification to the other State of the rejection of the transfer should not be motivated.
3. the requested State shall inform the requesting State as soon as possible, of its decision to accept or reject the requested transfer.
ARTICLE 7 DOCUMENTS SUPPORTING DOCUMENTS 1. The receiving State, at the request of the State transferring, will provide to the latter: has) a document or a statement indicating that the convicted person has the nationality of that State;
(b) a copy of the legal provisions of the receiving State attesting that the acts or omissions resulting in sentencing in the State transferring constitute a criminal offence under the law of the receiving State or in would be one if they were committed on its territory.
2. request the transfer, transferring the State should provide to the receiving State the documents mentioned below, unless one of the States concerned had shown no longer wish the transfer: has) a certified copy of the decision of final conviction and applied legal provisions;
b) the indication of the length of served sentence as well as any information relating to a possible remand, revision of the penalty or other Act concerning the completion of the sentence;
(c) a statement containing the consent of the sentenced person to be transferred). Pursuant to section 5.1, the State transferring must make sure that the convicted person consents voluntarily and in full awareness of the legal consequences relating to the transfer. The receiving State has the right to verify that consent has been given under these conditions;
d) where appropriate, medical or social reports on the condemned, all possible information about his treatment in the State transferring and all recommendations for further treatment in the receiving State.
3. the State transferring and the receiving State may, one and the other, ask them are provided the documents or statements are referenced, before requesting a transfer or make the decision to accept or to refuse by paragraphs 1 and 2 of this article.
ARTICLE 8 PECUNIARY CHARGES 1.
The convict will be awarded by the authorities of the transferring State to the authorities of the receiving State to the place agreed to by both parties, as the case may be.
2. the receiving State shall bear the costs of the transfer from the moment where the convicted person will be placed under his responsibility.
ARTICLE 9 ENFORCEMENT OF SENTENCES 1. The convict will continue to serve the sentence or deprivation of liberty imposed by the State transferring, in accordance with the legal system of the receiving State, without the need for an exequatur in the receiving State. In the event where the nature or duration of the penalty or deprivation of liberty by the State transferring differs from that provided for by the legislation of the receiving State, the latter may adapt said penalty or measure to that provided for by its own legislation for an offence of the same nature. This sentence or adapted must match, as much as possible, as to its nature, imposed by the sentence to run.
2. the conviction imposed by the State transferring cannot under any circumstances be increased by the receiving State.
3. each of the parties will take all necessary measures and undertake all
appropriate procedures that imposed sentences come out their effects in their respective territories.
ARTICLE 10 JURISDICTION 1 RESERVE. The State transferring or the receiving State, with the agreement of the transferring, State may grant amnesty, pardon or commutation of the sentence in accordance with its law internal. Requests from the receiving State will be based and examined with benevolence by the State transferring.
2 only the State transferring know recourse or action of revision.
3. the receiving State must put an end to the execution of the sentence as soon as he was informed by the State transferring of any decision or measure which has the effect to remove sentencing its enforceability.
(4. the receiving State will provide information to the State transferring concerning the execution of the sentence: a) where it finds complete the execution of the sentence;
(b) if the sentenced person has escaped until the execution of the sentence is completed; or (c) if the State transferring him request a special report.
ARTICLE 11 NON BIS IN IDEM the convicted person transferred to the enforcement of a sentence in accordance with this convention may be detained, tried or sentenced in the receiving State for the same offence as that had motivated the sentence imposed.
ARTICLE 12 RELEASE OF THE CONVENTION 1.
To promote the implementation of the present instrument, Contracting States undertake, in accordance with article 5, to report on their convicted nationals the social significance of their sentence in their country of origin.
2. in the event of a need, Contracting Parties shall consult promptly, at the request of one or the other, in relation to the interpretation, application or implementation of this convention.
3. any dispute in this regard will be set through diplomatic channels, in cases where the central authorities are unable to reach an agreement.
ARTICLE 13 VALIDITY AND EXPIRY 1. This convention shall enter into force the first day of the month following the month where the two parties will have completed all the steps provided in the legislation of the two parties on the conclusion of international treaties.
2. each of the parties may denounce this convention at any time by written notification to the other State. The denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification sent by diplomatic channels.
3. the present convention will involve penalties or custodial measures imposed both before and after the entry into force of this convention.
SIGNED to Santo Domingo, the 5 May two thousand and nine, in duplicate, in Dutch, French and Spanish languages, each of these texts being equally authentic.
_ Note (1) Senate (www.senate.be): Documents: 5-2299.
Annals of the Senate: 13/02/2014.
House of representatives (www.lachambre.be): Documents: 53-3365.
Full record: 13/03/2014.
(2) date of entry into force: 01/06/2014.