Act 404 1997

Original Language Title: LEY 404 de 1997

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LAW 404
1997 (September 16)
Official Gazette No. 43131 of September 18, 1997
Through which the Treaty on transfer of sentenced persons for enforcement of criminal judgments between the Government approved of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogota, DC, on 15 March 1996. Summary

Term Notes
THE CONGRESS OF THE REPUBLIC DECREES
:
having regard to the text of the "Treatise on transfer of sentenced persons for enforcement of criminal judgments between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica" signed in Santa Fe de Bogota, DC, on 15 March 1996.
(to be transliterated: photocopy of the full text of that instrument, duly authenticated by the Head of the Legal Office of the Ministry of Foreign Affairs is attached ).
TREATY ON TRANSFER OF SENTENCED PERSONS FOR EXECUTION OF JUDGMENTS

CRIMINAL BETWEEN THE GOVERNMENT OF THE REPUBLIC OF COLOMBIA
AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA
The Government of the Republic of Colombia and the Government of the Republic of Costa Rica to hereinafter be referred to as "Parties".
Desiring to establish mechanisms to strengthen and facilitate international judicial cooperation;
Recognizing that assistance between the Parties to the enforcement of criminal sentences is important aspect of bilateral cooperation policy;
Whereas the social reintegration of the offender is one of the purposes of the enforcement of sentences;
Consequently, guided by the principles of friendship and cooperation that prevail in their relations, have agreed to conclude the following Treaty, by which the transfer of sentenced persons is governed, where they may be Colombian or Costa Rican national.
ARTICLE I. SCOPE.
This Treaty shall apply to nationals of a Party who have been convicted in the other Party, in order that the penalties imposed can be executed in prisons or detention facilities under the supervision of the competent authorities of the receiving State in accordance with the legal provisions of the respective state, in accordance with this Treaty.
This Treaty may also apply to juvenile offenders and the persons to whom the competent authority of the sending State had declared criminally responsible, for which the consent of the person legally authorized to grant must be obtained.

ARTICLE II. DEFINITIONS.
For the purposes of this Treaty shall mean:
1. "Sending State" the State which has been handed down the conviction and which the convicted person shall be transferred.
2. "Receiving State" the State to which the convicted person moves to continue the execution of the judgment in the sending State.
3. "Judgment" is the final court decision in which a person is imposed as punishment for the commission of an offense, deprivation of liberty or restriction thereof, on probation, suspended sentence or other forms monitoring without detention. It is understood that a sentence is final when ordinary is not pending legal appeal against it in the Sending State and that the period for its appeal has expired.
4. "Convicted person" is the person who has been convicted by a court or court of the Transferring State by final judgment.

ARTICLE III. EXCEPTIONS.
May not receive the benefits of the transfer of sentenced persons:
1. Nationals of a Party who are permanent residents in the territory of the other Party.
2. Those sentenced for a crime that is not punishable in both sides.
3. Those who are pending in the transferring State other criminal proceedings.
4. Those who are pending in the Transferring State to pay compensation liability, unless, that the applicant demonstrates the absolute inability to meet payment of the penalty imposed because of poverty.
5. Persons convicted for which there is an extradition request made by a third State, which is pending or has been agreed.
Notwithstanding cited in the preceding paragraphs, convicted persons who have denied any transfer, may submit a new application to the authority that issued the decision, provided no grounds for refusal persist and are met full of the requirements established for that purpose.

ARTICLE IV. REQUIREMENTS.

Applications submitted by nationals of one of the Parties to be transferred to the country of nationality must be made by the convicted person or his legal representative, to the Central Authority of the Sending State with full of the following requirements: || | 1. The convicted person is a national of the receiving State.
2. The convicted person expressly requested his transfer in writing.
3. That acts or omissions that led to the conviction are not political.
4. The sentence to be served must not be the death penalty.
5. That the judgment by which the sanction was imposed running is in firm, and that there is, apart from the above, any legal grounds to prevent the departure of sentenced the country.
6. That when submitting the request for transfer, the convicted person demonstrates compliance at least 50% of the penalty imposed, unless, that it be the case referred to in paragraph 3 of article seven.
7. The application of the judgment is not contrary to the domestic law of the Receiving State.
Compliance with the requirements of this Treaty, does not imply that States to grant the transfer.

Article V. JURISDICTION.
1. Both the Receiving State and the sending State shall have discretion to grant or deny the transfer of the sentenced person. This decision is sovereign and must be communicated to the applicant.
2. For computing the time served, the Receiving State shall recognize the decisions or legal measures proffered by the competent authorities of the sending State, when they involve the reduction of sentence at national who has requested the transfer, by factors such as good behavior, work or study, as long as these decisions or legal measures are recognized in the decision whereby the sending State expresses its agreement to the transfer.
3. No need for enforcement, the sentenced person shall continue to perform in the Receiving State, the sentence imposed in the sending State in accordance with domestic law of the Receiving State.
4. The Transferring State shall retain exclusive jurisdiction with reference to the sentences imposed on convicted persons who have been relocated.
5. Under no circumstances, the sentence imposed in the sending State may be increased by the Receiving State.
6. The situation of the convicted person shall not be aggravated by the transfer.
7. The convicted person is transferred to the execution of a judgment shall not be investigated, he tried or convicted for the same offense upon which the sentence to be executed.

ARTICLE VI. CENTRAL AUTHORITIES.
Parties designated as central authorities to perform the functions provided in this Agreement, the Ministry of Justice and Law by the Republic of Colombia and the Ministry of Justice and Grace by the Republic of Costa Rica.

ARTICLE VII. CRITERIA.
In accordance with article four of this Treaty, the Parties shall take into account when making the decision to grant or deny the transfer, among others, the following criteria:
1. The decision to move people to carry out criminal judgments will take place gradually for which the case study will be adopted by case basis.
2. The Parties shall pay special attention to convicted persons who have been fully suffering a disease in its terminal phase or very old are checked.
3. aggravating and mitigating circumstances of the crimes.
4. The possibility of social rehabilitation of the convicted person, taking into account, inter alia, the conduct of the convicted during the time of detention.

ARTICLE VIII. PROCEDURE.
1. The convicted person shall submit to the Central Authority of the Sending State, the transfer request which must contain the following information:
a) The name and identification of the petitioner;
B) If appropriate, the last address in the country of his nationality;
C) a statement of the reasons for requesting the transfer;
D) Name of center where he is being held;
E) name of the judicial authority sentenced;
F) Date of detention or deprivation of liberty;
G) A written statement of the convicted person expresses its consent to be transferred.
2. Upon receipt of the transfer request, the Central Authority of the Sending State shall examine the information provided and if that is not complete, return it to the party concerned so that he complete it.

3. In order to verify the nationality of the convicted person, the Central Authority of the Sending State shall send to the Central Authority of the Receiving State, printing fingerprints of the convicted person requesting the transfer.
Also will send a copy of the final judgment to the Central Authority of the Receiving State, certify whether the conduct described in the final sentence, is also classified as criminal in their state, even if with different names.
4. The Central Authority of the Receiving State, provide the Central Authority of the Sending State:
a) Proof of the quality of the national sentenced in accordance with the legislation of the State;
B) Copy of the laws of the Receiving State on the basis of which the acts or omissions that led to the conviction in the transferring State constitute a violation of criminal law under the law of the Receiving State.
5. After reviewing the request for transfer and its annexes, the Central Authority of the Sending State shall supplement and verify the following documentation:
a) A report on the existence of other criminal proceedings;
B) A report on the conduct of the offender, the time has been effectively deprived of liberty by reason of the process in which he was convicted and reduced the penalty to which he has been entitled until the time of filing the application either for good behavior, reduction work, study, teaching, among others;
C) medical and social report on the convicted and the respective recommendations to be considered by the Recipient State;
D) A report on whether the convicted person is a permanent resident.
6. Once the required information is complete, the Central Authority of the Sending State shall adopt a resolution accepting or rejecting the request for transfer, which will be communicated to the applicant.
7. The Central Authority of the Sending State, shall forward the resolution and attached documents to the Central Authority of the Receiving State, so that this in turn decide on its viability and whether any document requests shall fail shipment.
8. The Receiving State shall inform the Sending State as soon as possible its decision to accept or deny the transfer request, through the Central Authority designated.
9. Should the decision be favorable of the two Central Authorities, they will proceed to the transfer of the sentenced person in accordance with the provisions of the tenth article of this Treaty.
10. The competent authority of the Receiving State determine the prison facility to be transferred to the condemned. In any case, be taken into account, among other factors, the seriousness of the offense, the capacity of prisons and personal conditions moved.

Article IX. OBLIGATIONS OF STATES PARTIES.
1. The Central Authority of the Sending State, inform the persons sentenced to whom this procedure under this Treaty may apply, as well as the legal consequences arising from it.
2. It should be informed in writing to the person convicted of any management undertaken by the Receiving State or sending State under this Treaty and any decision taken by one of the two States with respect to its request for transfer.
3. Designated in Article sixth, Central Authorities will exchange every six months reports on the situation in which compliance with the condemnation of all transferees or enforcement of a judgment in particular is found, under this Treaty.

ARTICLE X. DELIVERY OF CONVICTED and economic burdens.
1. The transfer of the convicted by the authorities of the State to those of the Receiving State shall be made in the place agreed upon by the Parties. The Receiving State shall be responsible for the custody of the convicted person from the time when the delivery occurs.
The definition of the place of delivery must be agreed case by case.
2. The Receiving State will pay the costs of transfer from the time the convicted person into its custody.

ARTICLE XI. INTERPRETATION.
1. None of the provisions of this Treaty may be interpreted as that attributed to the convicted person a right to transfer.
2. Any doubts or disputes that may arise in the interpretation or implementation of this Treaty shall be resolved directly by mutual agreement by the Central Authorities defined in Article sixth of this Treaty.
3. The Parties may enter into agreements in development of this Treaty when required to facilitate compliance.


Article XII. TERM AND TERMINATION.
1. This Treaty shall enter into force sixty (60) days from the date on which the Parties notify by diplomatic notes fulfill its constitutional and domestic legal requirements.
2. Any State Party may terminate this Agreement by giving written notice to the other State. The denunciation shall enter into force six months after the date of notification. Applications have been submitted at the time to denounce this Treaty shall continue its proceedings without being affected by the complaint.
Signed in Santa Fe de Bogota, DC, fifteen (15) days of the month of March in 1996 (1996), in two original copies in Spanish, both texts being equally authentic.
For the Government of the Republic of Colombia,
The Minister of Foreign Affairs,
RODRIGO GARCIA-PARDO PEÑA.
For the Government of the Republic of Costa Rica,
The Minister of Foreign Affairs, Fernando Naranjo
VILLALOBOS.
The Minister of Justice and Law, CARLOS EDUARDO MEDELLIN BECERRA
.
The Minister of Justice and Grace,
MAUREEN CLARKE CLARKE.
The Subscribed Head of the Legal Office
Ministry of Foreign Affairs DECLARES
:
That this faithful reproduction is taken from the original copy of the Treaty on transfer of sentenced persons for enforcement of criminal judgments between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogota, DC on March 15, 1996, which lies in the archives of the Legal Office of the Ministry.
Given in Santa Fe de Bogota, DC, the first
August in 1996 (1996).
Chief Legal Office,
VARELA HECTOR ADOLFO Sintura. RAMA

PUBLIC POWER EXECUTIVE PRESIDENCY OF THE REPUBLIC
Santa Fe de Bogota, DC
Approved. Submit to the consideration of the honorable
National Congress for constitutional purposes.
(Sgd.) Ernesto Samper Pizano
The Minister of Foreign Affairs,
(Sgd.) EMMA MEJIA VELEZ MARIA. DECREES
:
ARTICLE 1o. Approval of the Treaty on transfer of sentenced persons for enforcement of criminal judgments between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogota, DC, on 15 March 1996.
ARTICLE 2o. In accordance with the provisions of article 1. 7a Act. the Treaty on transfer of sentenced persons for enforcement of criminal judgments between the Government of the Republic of Colombia and the Government of the Republic of Costa Rica, signed in Santa Fe de Bogota, DC on March 15, 1996, that Article first of this law is approved, it will force the country from the date the international link regarding the same is perfected.
ARTICLE 3o. This Law governs from the date of publication.
The President of the honorable Senate,
Amylkar ACOSTA MEDINA.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable Chamber of Representatives,
CARLOS ARDILA BALLESTEROS.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
After review by the Constitutional Court, pursuant to Article 241-10
of the Constitution.
Given in Santa Fe de Bogota, DC, 16 September 1997.

Ernesto Samper Pizano Minister of Foreign Affairs, EMMA MEJIA VELEZ MARIA
.
The Minister of Justice and Law, Almabeatriz
RENGIFO LOPEZ.



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