belgiquelex.be - Carrefour Bank of Legislation 14 AVRIL 2013. - An Act to approve the Agreement between the Kingdom of Belgium and the Republic of Albania on the Transfer of Convicted Persons, signed in Brussels on 29 July 2010 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Kingdom of Belgium and the Republic of Albania on the Transfer of Convicted Persons, signed in Brussels on 29 July 2010, will come out its full and 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 14 April 2013.
ALBERT
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
____
Notes
(1) Session 2012-2013.
Senate.
Documents:
Bill tabled on 20 November 2012, No. 5-1845/1.
Report, No. 5-1845/2.
Annales parlementaire
Discussion, meeting of January 24, 2013.
Voting, meeting of 24 January 2013.
Room
Documents
Project transmitted by the Senate, No. 53-2616/1.
Report on behalf of Commission No. 53-2616/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2616/3.
Annales parlementaire
Discussion, meeting of March 7, 2013.
Vote, meeting of 7 March 2013.
(2) Effective date: 01/12/2013.
Agreement between the Kingdom of Belgium and the Republic of Albania
on the transfer of convicted persons
The Kingdom of Belgium
And
The Republic of Albania
Wishing to promote relations of friendship and cooperation between the two States, and in particular to strengthen legal cooperation between them,
Desirous of common agreement on issues relating to the transfer of convicted persons in accordance with the fundamental principles of universally recognized human rights,
Desirous of allowing convicted persons to serve their custodial sentences in the country of which they are nationals, in order to facilitate their social reintegration,
Determined in this spirit, to mutually agree, complementary to the rules and conditions established by the European Convention on the Transfer of Convicted Persons, signed in Strasbourg on 21 March 1983, the broadest cooperation with regard to the transfer of persons sentenced to deprivation of liberty,
The following provisions were agreed:
Article 1
General provision
The terms and expressions used in this Agreement shall be interpreted within the meaning of the European Convention on the Transfer of Convicted Persons, signed in Strasbourg on 21 March 1983.
Article 2
Convicted persons affected by expulsion or deportation
1. At the request of the sentencing State, the enforcement State may, subject to the application of the provisions of this article, give its consent to the transfer of a convicted person without the consent of the sentenced person, where the sentence imposed against him or her, or an administrative decision taken after that sentence, shall include a measure of expulsion or deportation to the border or any other measure under which that person,
2. The Implementing State shall not give its agreement for the purposes of paragraph 1
er that after taking into consideration the notice of the convicted person.
3. For the purposes of the application of this article, the State of Conviction provides to the enforcement State:
(a) a statement containing the notice of the sentenced person in respect of his or her proposed transfer, and
(b) a copy of the expulsion or deportation measure at the border or any other measure under which the sentenced person, once released, shall no longer be allowed to stay in the territory of the sentencing State.
4. Any person who has been transferred pursuant to this section shall not be prosecuted, tried or detained for the execution of a sentence or security measure or subject to any other restriction of his or her personal liberty, for any act prior to the transfer, other than the person who has reasoned the enforceable sentence, except in the following cases:
(a) where the State of Convict authorizes it: an application shall be submitted to that effect, together with the relevant documents and a judicial record containing the statements of the convicted person; such authorization shall be given where the offence for which it is requested would itself entail extradition under the law of the sentencing State, or where extradition would be excluded solely on the basis of the amount of the sentence;
(b) where, having had the opportunity to do so, the convicted person did not leave, within 45 days of its final enlargement, the territory of the enforcement State, or if returned to it after leaving it.
5. Notwithstanding the provisions of paragraph 4 of this article, the State of enforcement may take the necessary measures in accordance with its legislation, including the use of a default procedure, for an interruption of the limitation.
Article 3
Time application
This Agreement shall apply to the execution of the convictions pronounced either before or after it comes into force.
Article 4
Final provisions
1. Each Contracting Party shall notify the other Party of the fulfilment of the procedures required by its Constitution for the entry into force of this Agreement. The latter shall take effect on the first day of the second month following the date of the last notification.
2. This Agreement shall be concluded for an unlimited period of time.
3. Each Contracting Party may at any time denounce this Agreement. This denunciation shall take effect one year after the date of receipt of the notification by the other Contracting Party.
In faith, the representatives of the two States, authorized for this purpose, have signed and affixed their seal to this Agreement.
Done in Brussels on 29 July 2010, in duplicate, in French, Dutch, Albanian and English, the four texts being equally authentic. The English language text will prevail in the event of a discrepancy of interpretation.
