Document Type: normattiva_dump
Token Count: $#tokens

TREATY ON COOPERATION IN THE EXECUTION OF PENAL SENTENCES BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ITALY AND THE GOVERNMENT OF THE KINGDOM OF THAILAND The Government of the Republic of Italy and the Government of the Kingdom of Thailand. Taking into consideration the laws and regulations in force regarding law enforcement of the Parties and the desirability of enhancing their cooperative efforts in law enforcement and the administration of justice; and Desiring to cooperate in the execution of penal sentences by enabling offenders to serve sentences of imprisonment or other forms of deprivation of liberty in the country of which they are nationals, thereby facilitating their successful reintegration into society; Have agreed as follows: Article I DEFINITIONS For the purposes of this Treaty: 1. "Transferring State" means the Party from which the offender is to be or has been transferred; 2. "Receiving State" means the Party to which the offender is to be or has been transferred; 3. "Offender" means a person who, in the territory of either Party, has been convicted of a crime and sentenced, by a judicial authority, either to a term of imprisonment or other form of deprivation of liberty, or to conditional release or other form of supervision without confinement. The term shall include such a person subject to confinement, custody or supervision under the law of the Transferring State respecting juvenile offenders. Article II SCOPE OF APPLICATION The application of this Treaty for the transfer of offenders shall be subject to the following conditions: 1. That the offense, for which the offender to be transferred was convicted and sentenced, is one which would also be considered as a crime in the Receiving State had the offense been committed in the Receiving State. This condition shall not be interpreted so as to require that the crimes described in the laws of the two Parties be identical in matters not affecting the nature of the crimes. 2. That the offender to be transferred is a national of the Receiving State. 3. That the offender to be transferred did not commit an offense: a) against the internal or external security of the State; or b) against the Head of State ot the Transferring State or a member of his family; or c) against legislation protecting national art treasures. 4. That there is at least one year of the offender's sentence remaining to be served at the time of the application for transfer. 5. That the judgment under which the offender is serving his sentence is final and no further or other legal proceedings relating to the offense or any other offense are pending in the Transferring State. 6. That, in the case of imprisonment or other form of deprivation of liberty, the offender shall, at the time of transfer, have served in the Transferring State any minimun period of the sentence prescribed by the law of the Transferring State. 7. That the transfer may be refused if: a) it is considered by the Transferring State to jeopardize its sovereignty, its security, its public order; or b) the offender is also a national of the Transferring State. Article III PROCEDURE FOR TRANSFER 1. Either Party may inform an offender, who is within the scope of the present Treaty, of the substance of the Treaty. 2. Every transfer under this Treaty shall be commenced through diplomatic channels by a written request from the Receiving State to the Transferring State. If the Transferring State approves the request, it shall so inform the Receiving State through diplomatic channels and initiate procedures to effectuate the transfer of the offender. 3. In deciding upon the transfer of an offender, each Party shall consider the probability that the transfer of the offender will contribute to his social rehabilitation or otherwise be in his best interests and may also consider the nature and severity of the offense, including the effects of the offense within the Transferring and Receiving States and any mitigating or aggravating circumstances. 4. An offender may be transferred if: a) he is under a sentence of imprisonment for life; or b) he is serving a sentence with a definite termination date, or the authorities competent to fix such a date have so acted; or c) he is subject to confinement, custody or supervision under the law of the Transferring State respecting juvenile offenders. 5. The Transferring State shall furnish to the Receiving State a statement showing the offense of which the offender was convicted, the termination date of the sentence, the lenght of time already served by the offender, and any credits to which the offender is entitled on account of work done, good behavior or pretrial confinement. 6. The Transferring State shall furnish to the Receiving State a certified copy of all judgments and sentences concerning the offender from the date of his detention in the Transferring State. When the Receiving State considers such information insufficient, it may request additional information. 7. Delivery of the offender by the authorities of the Transferring State to those of the Receiving State shall occur at a place within the Transferring State agreed upon by both Parties. 8. The Transferring State shall afford an opportunity to the Receiving State, if the Receiving State so desiders, to verify that the offender's consent to the transfer is given voluntarily and with full knowledge of the consequences thereof, through the officer designated by the law of the Receiving State. Article IV RETENTION OF JURISDICTION In respect of sentences to be executed pursuant to this Treaty, the Transferring State shall retain exclusive jurisdiction regarding the judgments of its courts, the sentences imposed by them, and any procedures for revision, modification or cancellation of judgments and sentences pronounced by its courts. The Receiving State, upon being informed of any revision, modification or cancellation of such a judgment or sentence, shall put such measure into effect. Article V PROCEDURE FOR EXECUTION OF SENTENCE 1. Except as otherwise provided in this Treaty, the completion of a transferred offender's sentence shall be carried out according to the laws and procedures of the Receiving State. The Receiving State may also apply its laws and procedures governing conditions for service of imprisonment, confinement or other deprivation of liberty, probation and parole, and those providing for the reduction of the term of imprisonment, confinement or other deprivation of liberty by parole, conditional release or otherwise. The Transferring State shall, in addition, retain a power to pardon the offender or to commute his sentence and the Receiving State shall, upon being notified of such pardon or commutation, give effect thereto. 2. The Receiving State may treat under its law relating to juvenile offenders any offender so categorized under its law regardless of his status under the law of the Transferring State. 3. No sentence of deprivation of liberty shall be enforced by the Receiving State in such a way as to extend it beyond the period specified in the sentence of the court of the Transferring State. 4. The expenses incurred in the transfer of the offender or in the completion of the offender's sentence shall be borne by the Receiving State. 5. The authorities of either Party shall at the request of the other Party provide reports indicating the status of all offenders transferred under this Treaty, including, in particular, the parole or release of any offender. Either Party may, at any time, request a special report on the status of the execution of an individual sentence. 6. The transfer of an offender under the provisions of this treaty shall not entail any additional disability under the law of Receiving State beyond that which the fact of his conviction may in and of itself already have created. Article VI TRANSIT OF OFFENDERS If either Party enters into an agreement for the transfer of offennders with any third State, the other Party shall cooperate in facilitating the transit through its territory of offenders being transferred pursuant to such agreement. The Party intending to make such a transfer will give advance notice to the other Party of such transit. Article VII IMPLEMENTING PROCEDURE 1. In implementing this Treaty either Party may establish procedures and criteria consistent with its purpose and object for determining whether or not to consent to the transfer of an offender. 2. Each Party shall establish by legislation or regulation the procedures necessary to give effects within its territory to the judgments and sentences pronounced by courts of the other Party, and each Party agrees to cooperate in the procedures established by the other Party. 3. Each Party shall designate authorities to perform the functions provided in this Treaty. Article VIII FINAL PROVISIONS 1. This Treaty shall be subject to ratification and shall enter into force on the date on which instruments of ratification are exchanged. This exchange of instruments of ratification shall take place at Rome as soon as possible. 2. The present Treaty shall remain in force for three years from the date upon which it enters into force. Thereafter, the Treaty shall continue in force until ninety days from the date upon which either Party gives written notice to the other Party of its intention to terminate the Treaty. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed the present Treaty. DONE at Bangkok this twentyeighthday of february, 1984 in duplicate, in the Italian Thai and English languages, each text being equally authentic. In case of divergence, the English text shall prevail. for The Government of the Kingdom of Thailand Air Chief Marshal SIDDHI SAVETSILA Minister of Foreign Affairs of Thailand for The Government of the Repubblic of Italy Hon. BRUNO CORTI Deputy Minister of Foreign Affairs of Italy Visto, il Ministro degli affari esteri ANDREOTTI