On the ratification of the Agreement between the Republic of Kazakhstan and the Federative Republic of Brazil on the Transfer of Convicted Persons

Home / RLA / On the ratification of the Agreement between the Republic of Kazakhstan and the Federative Republic of Brazil on the Transfer of Convicted Persons

The Law of the Republic of Kazakhstan dated March 31, 2020 No. 311-VI SAM.

To ratify the Agreement between the Republic of Kazakhstan and the Federative Republic of Brazil on the transfer of Convicted Persons, signed in Astana on June 20, 2018.

President of the Republic of Kazakhstan

K. TOKAEV

Unofficial translation

AGREEMENT between the Republic of Kazakhstan and the Federative Republic of Brazil on the transfer of convicted persons

The Republic of Kazakhstan and the Federal Republic of Brazil, hereinafter referred to as the "Parties",

Desiring to promote the rehabilitation of convicted persons by taking appropriate measures, and

Considering that this goal can be achieved by providing foreign citizens deprived of their liberty as a result of committing a crime abroad with the opportunity to serve their sentences in their own society,

We have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement:

(a) "Sentence" means any final judicial decision imposing a custodial sentence for the commission of an offence;

(b) "Citizen" means a person who holds the citizenship of the Republic of Kazakhstan or the Federative Republic of Brazil in accordance with their respective legislation;

(d) "Sentencing party" means the State in which a sentence has been imposed on a person who may be or has already been transferred;

(e) "Party to the execution of the sentence" means the State to which the convicted person may be or has already been transferred for the execution of the sentence.

Article 2 Basic principles

1. The Parties agree to provide the widest possible mutual cooperation in all cases related to the transfer of convicted persons, in accordance with the terms and conditions of this Agreement.

2. A person convicted in the territory of either Party may be transferred to serve his sentence in the territory of the other Party in strict accordance with the provisions of this Treaty and, if he expresses his consent to the Sentencing Party or the Executing Party, be transferred in accordance with the terms of this Treaty.

3. Transfer may be requested by both the Sentencing Party and the Executing Party.

Article 3 Conditions of transfer

This Agreement applies in cases where:

a) the convicted person is a citizen of the Executing Party;

(b) The sentence imposed does not include the death penalty or life imprisonment. In such cases, the transfer is carried out only if the Sentencing Party agrees that the convicted person should serve the maximum sentence provided for by the legislation of the Executing Party for a similar crime.;

d) at the time when the transfer request is received, the period of time to be served by the convicted person is at least 6 (six) months;

e) the verdict has entered into legal force;

f) the convicted person agrees to his transfer or, in the case of his incapacity due to age, physical or mental condition, the legal representative of the convicted person agrees to the transfer.;

g) The Executing Party and the Sentencing Party agree to transfer;

h) the act or omission for which the person is convicted is a crime in accordance with the laws of both Parties.

Article 4 Exchange of information

1. The Parties shall inform all convicted persons related to this Agreement about its terms and conditions.

2. If the convicted person expresses to the Executing Party a desire to be transferred, the Sentencing Party, in the absence of grounds for refusal of transfer provided for in Article 7 of this Treaty, shall immediately send the following information to the Executing Party:

a) information about the convicted person's personal data (first name, last name, date and place of birth) and, if possible, a copy of a valid identity document of such person and his fingerprints;

b) information about the place of residence or address of the convicted person at the Place of execution of the sentence, if known;

(c) Brief information on the circumstances of the crime committed and the text of the provisions of the law on which the sentence is based;

d) information indicating the type and duration of the sentence, the date of its calculation and the time served;

e) information about the behavior of the convicted person while serving his sentence, as well as any other information relevant to the execution of the sentence;

(f) A certified copy of the verdict;

g) if necessary, the convicted person's social and medical report, information about the medical treatment provided at the Sentencing Site, and any recommendations for further treatment at the Sentencing Site.;

(h) A statement in which the convicted person or his legal representative agrees to transfer in accordance with subparagraph (f) of article 3 of this Treaty;

i) a statement by which the Sentencing Party confirms consent to the transfer of the convicted person;

j) any other information and documents that may be required by the Executing Party to make a decision on the transfer of the convicted person.

3. The party executing the sentence, upon request, sends:

a) a document or official confirmation that the convicted person is a citizen of the Executing Party;

(b) The provisions of the law of the Executing Party confirming that the act or omission on the basis of which the sentence was pronounced at the Sentencing Party also constitutes a crime under the law of the Executing Party;

(c) The consent of the Executing Party to the transfer of the convicted person and guarantees for the execution of the remainder of the sentence;

(d) Any other information or document that the Sentencing Party may need to make a decision.

4. The exchange of information and supporting documents specified in the preceding provisions shall not take place if one of the Parties immediately informs that it does not agree to the transfer.

5. The convicted person is informed of any decision taken by the Parties.

6. The above-mentioned documents are accompanied by a translation into the official language of the other Party.

7. The supporting documents and materials transferred within the framework of the implementation of this Agreement do not require any special form of legalization, certification or certification, except for the certification of a copy of the verdict against the convicted person specified in subparagraph (f) of paragraph 2 of this article.

Article 5 Central authorities

1. In order to implement this Agreement, the Parties shall determine their central authorities.:

for the Republic of Kazakhstan - the Prosecutor General's Office;

For the Federal Republic of Brazil, it is the Ministry of Justice.

2. In the event of a change in the names of their central bodies or the transfer of their functions to other State bodies, the Parties shall notify each other of such changes through diplomatic channels.

3. The central authorities of the Parties have the right to interact within their respective capabilities through electronic or other types of communication that provide faster communication between them, while simultaneously sending originals to the central authority by mail.

Article 6 Broadcast

In case of reaching an agreement on the transfer, the Parties immediately agree on the time, place and conditions of the transfer.

Article 7 Refusal

1. Either Party may refuse to transfer a convicted person if:

a) the sentence cannot be executed in the territory of the Executing Party due to the expiration of the statute of limitations for criminal prosecution or for any other reason in accordance with the legislation of that Party.;

b) either Party has not properly complied with the requirements of Article 4 of this Treaty;

c) one Party decides that the transfer may cause damage to State sovereignty, security, public order and contradicts fundamental principles of legislation or other national interests.;

(d) Other criminal, civil or administrative proceedings are being conducted against the convicted person in the territory of the Sentencing Party.

2. If one of the Parties does not approve the transfer for any reason, it immediately notifies the other Party with appropriate arguments and justifications.

Article 8 Transit

1. The Parties shall provide mutual assistance in facilitating the transit through their territory of persons transferred to or from a third State. In this regard, unhindered transit through the territory of one of the Parties is provided on the basis of an official request prepared by the central authority of one of the Parties with the documents attached to it.

2. A request for transit of a convicted person is not required if air transport is used and landing on the territory of the transit State is not expected, except in cases where military air transport is used.

3. The transit State permits or does not permit the transit of a convicted person through its territory. In case of refusal of transit, the refusal is properly reasoned and justified.

Article 9 Information on the execution of the sentence

The sentencing Party shall inform the Sentencing Party of the execution of the sentence at the request of the Sentencing Party or in the event of escape or death by the convicted person.

Article 10 Serving a sentence on the execution side

1. A convicted person who has been transferred in accordance with the provisions of this Treaty may not be detained, charged or convicted again on the basis of the same facts that were the basis for conviction on the basis of sentencing.

2. The transferred person is serving his sentence in accordance with the legislation of the Executing Party. By prior agreement of the Sentencing Party, the transferred convicted person may be granted amnesty, pardon or parole while serving his sentence, as well as release of the convicted person from further serving his sentence in case of a serious incurable illness in accordance with the legislation of the Sentencing Party.

3. If the regimes and terms of serving the sentence specified in the sentence are incompatible with the legislation of the Executing Party, the latter, with the prior consent of the Sentencing Party, may amend the sentence with the imposition of the penalty provided for by its legislation for a similar crime. The sentence so amended in its essence and terms should, as far as possible, correspond to the verdict of the Sentencing Party. In case of a change of sentence:

a) The party executing the sentence has no right to replace the punishment in the form of imprisonment with a monetary penalty.;

(b) The Executing Party shall not aggravate the sentence of the Sentencing Party or impose a penalty exceeding the maximum penalty prescribed by the legislation of the Executing Party for a similar offence.

Article 11 Review of the sentence

1. The sentencing Party shall have jurisdiction to review the sentences imposed in respect of persons transferred in accordance with this Treaty.

2. Only the sentencing Party grants amnesty, pardon, or modifies the sentence in accordance with its relevant legislation. Upon receiving notification of any changes in the sentence, the Executing Party immediately takes the necessary measures to enforce them.

Article 12 Expenses

1. The party to the execution of the sentence shall bear the costs associated with:

a) transportation of the convicted person, except for expenses incurred exclusively in the territory of the Sentencing Party;

b) execution of the sentence after the transfer.

2. The costs associated with transit carried out in accordance with Article 8 of this Treaty shall be borne by the Party requesting transit.

Article 13 Settlement of disputes

Disagreements arising between the Parties regarding the interpretation and application of the provisions of this Agreement shall be resolved through negotiations between the Parties.

Article 14 Compatibility with international treaties

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which they are parties.

Article 15 Final provisions

1. This Agreement shall enter into force upon the expiration of 30 (thirty) days from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force.

2. This Agreement is concluded for an indefinite period. This Agreement shall terminate upon the expiration of 6 (six) months from the date of receipt by one of the Parties of the relevant written notification through diplomatic channels of the intention to terminate it.

3. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of this article.

4. Any procedures initiated by the Parties prior to the termination of this Agreement shall be carried out until their full completion.

5. This Treaty applies to the enforcement of sentences imposed before and after its entry into force.

Done in Astana on June 20, 2018, in two copies, each in the Kazakh, Portuguese and English languages, all texts being equally authentic.

In case of differences in the texts of this Agreement, the Parties shall refer to the English text.

For the Republic of Kazakhstan

For the Federal Republic of Brazil

2018 zhylgy 20 mausymda Astana kalasynda kazak, Portugal zhane agylshyn tilderinde kol koylgan Kazakhstan Republikasi men Brazil Federativik Republikasi arasyndagy sottalgan adamdardy beru turaly shart matinin orys tilindegi matinge dalme-daldigin Thawed.

I confirm the authenticity of the text of the Agreement between the Republic of Kazakhstan and the Federative Republic of Brazil on the transfer of Convicted Persons, signed in Astana on June 20, 2018 in Kazakh, Portuguese and English with the text in Russian.

Head of the International Cooperation Department Prosecutor General's Office of the Republic of Kazakhstan

G. Koigeldiev

Note from <url>! The text of the Agreement is attached in Portuguese and English.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases