Law Approving 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)

Original Language Title: Loi portant assentiment à la Convention entre le Royaume de Belgique et la République dominicaine portant transfèrement des personnes condamnées, signée à Saint-Domingue le 5 mai 2009 (1) (2)

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12 MAI 2014. - An Act to acquiesce in the Convention between the Kingdom of Belgium and the Dominican Republic with the transfer of convicted persons, signed in Santo Domingo on 5 May 2009 (1) (2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention between the Kingdom of Belgium and the Dominican Republic with the transfer of convicted persons, signed in Santo Domingo on 5 May 2009, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM

CONVENTION ENTER LE ROYAUME DE BELGIQUE ET LA REPUBLIQUE DOMINICAINE PORTANT TRANSFEREMENT DES PERSONNES CONDAMNE
BELGIUM,
and
LA REPUBLIQUE DOMINICAINE,
ANIMS by the common desire to improve international cooperation in criminal matters and to facilitate the social reintegration of convicts by allowing them to serve their sentences in the country of their nationality,
AGAINST the following:
ARTICLE 1
PAPLICATION CHAMP
1. The parties will work as widely as possible on the transfer of convicted persons.
2. Penalties or custodial measures imposed in addition or in substitution of penalties by a judge due to criminal offences imposed in the Dominican Republic on Belgian citizens may be served in Belgian penal institutions in accordance with the provisions of this Convention.
3. Penalties or custodial measures imposed in addition or in substitution by a judge for criminal offences that are imposed in Belgium on Dominican citizens may be served in Dominican prisons in accordance with the provisions of this Convention.
ARTICLE 2
DEFINITIONS
For the purposes of this Convention:
1. is heard by "transfering state", the state having pronounced the sentence and where the convict will be transferred;
2. is heard by "State of reception", the State to which the convict will be transferred in order to purge the sentence pronounced in the transferring State;
3. is heard by "convict", the person who was convicted in the territory of one of the two parties, by virtue of a final conviction, of a sentence or measure of deprivation of liberty.
ARTICLE 3
PAPLICATION CONDITIONS
This Convention shall affect the following:
1. Acts or omissions resulting from the criminal decision must also be punishable in the receiving State, even if the penalty and its classification in criminal law do not correspond to those provided for in its legislation;
2. The convict must have the nationality of the receiving State;
3. The convict must ask himself for his transfer or, if the said request comes from the transferring State or the receiving State, the convict must expressly mark his agreement. In the event of incapacity of the convicted person, consent shall be granted by his legal representative;
4. The duration of the sentence or custodial measure to be served at the time of the introduction of the transfer application must be more than six months;
5. The sentencing decision must have the authority of the irrevocably tried thing and there can be no other criminal proceedings in the State transferring the sentenced person to office;
6. Unless the convict has been recognized insolvent, the transfer may be refused if the convict has not paid, to the extent deemed satisfactory by the transferring State, all the provisions of the condemnation decision.
ARTICLE 4
CENTRAL AUTHORITY
The parties designate, as central authorities responsible for organizing the functions envisaged in this Convention, the Federal Public Service Justice, for the Kingdom of Belgium, and the Attorney General's Office, for the Dominican Republic.
ARTICLE 5
INFORMATION OBLIGATION
1. Any convict to whom the convention is likely to be implemented shall be informed by the central authorities of the transferring and receiving States of the content of this Convention and of the judicial consequences arising from the transfer. In particular, he must be brought to the attention of the individual who may be prosecuted, tried or convicted in the territory of the enforcement State for offences other than those that give rise to the transfer.
2. If the convict expresses to the transferring State his will to be transferred under this Convention, that State shall inform the receiving State as soon as possible.
3. The information provided will include:
(a) The name, first name, date and place of birth of the convicted person;
(b) Where applicable, the convict's domicile in the receiving state;
(c) A statement of the facts leading to his conviction;
(d) The nature, duration and date of commencement of sentence.
4. If the convict expresses to the receiving State his will to be transferred under this Convention, the transferring State shall communicate to that State, at its request, the information referred to in the preceding paragraph.
5. The convict shall be informed in writing of any action undertaken by the receiving State or by the transferring State pursuant to the preceding paragraphs, as well as any decision taken by one of the two States with respect to a request for transfer.
6. Consent to the transfer of the convict is irrevocable for a period of 90 days from the date of collection of that consent.
ARTICLE 6
DEMANDES ET REPONSES
1. Requests for transfer and responses will be submitted in writing to the central authorities designated in this Agreement.
2. The receiving State and the transferring State shall have discretion to reject the transfer of the convict and shall communicate their decision to the requesting party. The notification to the other State of the decision to reject 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
JUSTIFICAN DOCUMENTS
1. The receiving State, at the request of the transferring State, will provide to the transferor:
(a) A document or statement indicating that the convicted person has the nationality of that State;
(b) A copy of the legal provisions of the receiving State certifying that the acts or omissions that have resulted in the conviction in the transferring State constitutes a criminal offence in accordance with the law of the receiving State or would constitute one if they were committed in its territory.
2. If the transfer request is requested, the transferring State shall provide to the receiving State the documents mentioned below, unless one of the States concerned has indicated no longer wish the transfer:
(a) Certified true copy of the final conviction decision and the legal provisions applied;
(b) The indication of the duration of the sentence already served as well as any information relating to possible pre-trial detention, review of the sentence or other act relating to the completion of the sentence;
(c) A statement containing the consent of the sentenced person to be transferred. In accordance with Article 5.1, the transferring State must ensure that the convict voluntarily and fully aware of the legal consequences of the transfer. The receiving State has the right to verify that consent has been given under these conditions;
(d) Where applicable, medical or social reports on the convicted person, any information relating to his treatment in the transferring State and any recommendations relating to the continuation of his treatment in the receiving State.
3. The transferring State and the receiving State may, either, request that the documents or declarations referred to in paragraphs 1 and 2 of this article be provided to them, before requesting a transfer or making a decision to accept or refuse it.
ARTICLE 8
PECUNITED CHARGES
1. The convict shall be handed over by the authorities of the transferring State to the authorities of the receiving State to the place to which both parties have agreed, as appropriate.
2. The receiving State shall pay the costs of the transfer from the moment the convict is placed under his responsibility.
ARTICLE 9
EXECUTION OF THE PEINA
1. The convict will continue to serve in the receiving State the penalty or deprivation of liberty imposed by the transferring State, in accordance with the legal order of the receiving State, without an exequatur being necessary. In the event that the nature or duration of the penalty or deprivation of liberty imposed by the transferring State differs from that provided for in the legislation of the receiving State, the latter may adapt the said penalty or measure to that provided for in its own legislation for an offence of the same nature. The appropriate penalty or measure must, as far as possible, correspond to that imposed by the sentence to be executed.
2. The condemnation imposed by the transferring State may in no circumstances be overtaken by the receiving State.
3. Each of the parties shall take all necessary measures and shall initiate all appropriate procedures to ensure that the convictions imposed are effective in their respective territory.
ARTICLE 10
LEGALIZATION
1. The transferring State or receiving State, with the agreement of the transferring State, may grant amnesty, grace or commutation of the sentence in accordance with its domestic law. The requests of the receiving State will be well-founded and carefully examined by the transferring State.
2. Only the transferring State may know the appeal or the review action.
3. The receiving State must terminate the execution of the conviction as soon as it has been informed by the transferring State of any decision or measure that has the effect of removing its enforceability from the conviction.
4. The receiving State will provide information to the transferring State regarding the execution of the conviction:
(a) when he considers the execution of the conviction to be completed;
(b) if the convicted person escapes before the execution of the conviction is completed; or
(c) if the transferring State requests a special report.
ARTICLE 11
NO BIS IN IDEM
The convict transferred for the execution of a sentence in accordance with this Convention shall not be held, tried or sentenced in the receiving State for the same offence as the one who had motivated the penalty imposed.
ARTICLE 12
DIFFUSION OF THE CONVENTION
1. In order to promote the application of this instrument, the Contracting States undertake, in accordance with Article 5, to disclose to their convicted nationals the social importance of serving their sentences in their country of origin.
2. Where necessary, Contracting Parties shall consult promptly, at the request of either Party, with respect to the interpretation, application or execution of this Convention.
3. Any dispute in this regard will be resolved through diplomatic means in cases where the Central Authorities fail to reach agreement.
ARTICLE 13
VALIDITY AND ECHEANCE
1. This Convention shall enter into force on the first day of the month following the one in which the two parties have completed all the steps provided for in the legislation of the two parties relating to the conclusion of international treaties.
2. Each of the two parties may denounce this Convention at any time, with written notification to the other State. This 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 means.
3. This Agreement shall apply to custodial sentences or measures imposed both before and after the entry into force of this Convention.
SIGNEE in Santo Domingo, on 5 May two thousand new, in double copy, in Spanish, French and Dutch languages, each of these texts being equally authentic.
____
Note
(1) Senate (www.senate.be):
Documents: 5-2299.
Annales du Sénat : 13/02/2014.
House of Representatives (www.lachambre.be):
Documents: 53-3365.
Full record: 13/03/2014.
(2) Effective date: 01/06/2014.