2832

II SÉRIE — NÚMERO 70

quer das Partes notifique por escrito a outra da intenção de pôr-lhe termo.

Em fé do que, os abaixo assinados, devidamente autorizados para o efeito pelos respectivos Governos, assinaram o presente Tratado.

Feito em Lisboa em 1 de Abril de 1985, em duplicado, em tailandês, português e inglês, fazendo fé qualquer dos textos. Em caso de divergência prevalecerá o texto inglês.

Pelo Governo da República Portuguesa, \a\me Gama, Ministro dos Negócios Estrangeiros.

Pelo Governo do Reino da Tailândia, Air Chief Marshal, Siddhi Savetsila, Ministro dos Negócios Estrangeiros.

Treaty on Coopération in the Execution of Penal Sentences between the Government of the Republic of Portugal and the Government of the Kingdom of Thailand.

The Government of the Republic of Portugal 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, confinement 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 transferred;

2) « Receiving State» means the Party to which the offender is to be transferred;

3) «Offender» means a convicted person who in the territory of either Party has been convicted of a crime and sentenced either to a term of imprisonment, confinement or other form of deprivation of liberty, or to conditional release, probation or other form of supervision without confinement. The term shall include a person subject to confinement, custody or supervision under the law of the Transferring State relating to juvenile offenders.

ARTICLE II

(Scope of application)

The application of this Treaty shall be subject to ihe following conditions:

1) That the offense, for which the offender to be transferred was convicted and sentenced, is one which would also be punishable 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 defined by the laws or the two Parties be identical in matters not affecting the character of the crimes such as the quantity of property or money taken or possessed;

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;

b) Against the Head of State of 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 o! his 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 for which the offender was convicted and sentenced or any other offense are pending in the Transferring State;

6) That, in the case of imprisonment, confinement or other form of deprivation of liberty, the offender shall, at the time of transfer, have served in the Transferring State any minimum period of the sentence stipulated 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 or its public order; or

b) The offender is also a national of the Transferring State.

ARTICLE II! (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 — 5n deciding upon the transfer of an offender, each Party shall consider the following factors:

c) The probability that transfer of the offender will contribute to his social rehabilitation or otherwise be in his best interests; and

6) 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.