Debates Parlamentares - Diário 067, p. 1741 (1991-09-12)

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12 DE SETEMBRO DE 1991

1741

to the extent permitted by domestic law, be taken into account for the purpose of:

1) Establishing recidivism;

2) Disqualifying the offender from the exercise of civil rights.

Article 8

The offences referred to in articles 1 and 2 of the present Convention shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be conclued between any of the Parties to this Convention.

The Parties to the present Convention which do not make extradition conditional on the existence of a treaty shall henceforward recognize the offences referred to in articles 1 and 2 of the present Convention as cases for extradition between themselves.

Extradition shall be granted in accordance with the law of the State to wich the request is made.

Article 9

In Sates where the extradition of nationals is not permitted by law, nationals who have returned to their own States after the commission abroad of any of the offences referred to in articles 1 and 2 of the present Convention shall be prosecuted in and punished by the courts of their own States.

This provision shall not apply if, in a similar case between the Parties to the present Convention, the extradition of an alien cannot be granted.

Article 10

The provisions of article 9 shall not apply when the person charged with the offence has been tried in a foreing State and, if convicted, has served his sentence or had it remitted or reduced in conformity with laws of that foreign State.

Article 11

Nothing in the present Convention shall be interpreted as determining the attitude of a Party towards the general question of the limits of criminal jurisdiction under international law.

Article 12

The present Convention does not affect the principle that the offences to wich it refers shall in each State be defined, prosecuted and punished in conformity whith its domestic law.

Article 13

The Parties to the present Convention shall be bound to execute letters of request relating to offences referred to in the Convention in accordance with their domestic law and practice.

The transmission of letters of request shall be effected:

1) By direct communication between the judicial authorities; or

2) By direct communication between the Ministers of Justice of the two States, or by direct communication from another competent authority of the State making the request to the Minister of Justice of the State to wich the request is made; or

3) Through the diplomatic or consular representative of the State making the request in the State to wich the request is made; this representative shall send the letters of request direct to the competent judicial authority or to the authority indicated by the Government of the State to wich the request is made, and shall receive direct from such authority the papers constituting the execution of the letters of request.

In cases 1) and 3) a copy of the letters of request shall always be sent to the superior authority of the State to wich application is made.

Unless otherwise agreed, the letters of request shall be drawn up in the language of the authority making the request, provided always that the State to wich the request is made may require a translation in its own language, certified correct by the authority making the request.

Each Party to the present Convention shall notify to each of the other Parties to the Convention the method or methods of transmission mentioned above which it will recognize for the letters of request of the latter State.

Until such notification is made by a State, its existing procedure in regard to letters of request shall remain in force.

Execution of letters of request shall not give rise to a claim for reimbursement of charges or expenses of any nature whatever other than expenses of experts.

Nothing in the present article shall be construed as an undertaking on the part of the Parties to the present Convention to adopt in criminal matters any form or methods of proof contrary to their own domestic laws.

Article 14

Each Party to the present Convention shall establish or maintain a service charged with the co-ordination and centralization of the results of the investigation of offences referred to in the present Convention.

Such services should compile all information calculated to facilitate the prevention and punishement of the offences referred to in the present Convention and should be in close contact with the corresponding services in other States.

Article 15

To the extent permitted by domestic law and to the extent to which the authorities responsible for the services referred to in article 14 may judge desirable, they shall furnish to the authorities responsible for the corresponding services in other States the following information:

1) Particulars of any offence referred to in the present Convention or any attempt to commit, such offence;

12 DE SETEMBRO DE 19911741to the extent permitted by domestic law, be taken into account for the purpose of:1) Establishing recidivism;2) Disqualifying the offender from the exercise of civil rights.Article 8The offences referred to in articles 1 and 2 of the present Convention shall be regarded as extraditable offences in any extradition treaty which has been or may hereafter be conclued between any of the Parties to this Convention.The Parties to the present Convention which do not make extradition conditional on the existence of a treaty shall henceforward recognize the offences referred to in articles 1 and 2 of the present Convention as cases for extradition between themselves.Extradition shall be granted in accordance with the law of the State to wich the request is made.Article 9In Sates where the extradition of nationals is not permitted by law, nationals who have returned to their own States after the commission abroad of any of the offences referred to in articles 1 and 2 of the present Convention shall be prosecuted in and punished by the courts of their own States.This provision shall not apply if, in a similar case between the Parties to the present Convention, the extradition of an alien cannot be granted.Article 10The provisions of article 9 shall not apply when the person charged with the offence has been tried in a foreing State and, if convicted, has served his sentence or had it remitted or reduced in conformity with laws of that foreign State.Article 11Nothing in the present Convention shall be interpreted as determining the attitude of a Party towards the general question of the limits of criminal jurisdiction under international law.Article 12The present Convention does not affect the principle that the offences to wich it refers shall in each State be defined, prosecuted and punished in conformity whith its domestic law.Article 13The Parties to the present Convention shall be bound to execute letters of request relating to offences referred to in the Convention in accordance with their domestic law and practice.The transmission of letters of request shall be effected:1) By direct communication between the judicial authorities; or2) By direct communication between the Ministers of Justice of the two States, or by direct communication from another competent authority of the State making the request to the Minister of Justice of the State to wich the request is made; or3) Through the diplomatic or consular representative of the State making the request in the State to wich the request is made; this representative shall send the letters of request direct to the competent judicial authority or to the authority indicated by the Government of the State to wich the request is made, and shall receive direct from such authority the papers constituting the execution of the letters of request.In cases 1) and 3) a copy of the letters of request shall always be sent to the superior authority of the State to wich application is made.Unless otherwise agreed, the letters of request shall be drawn up in the language of the authority making the request, provided always that the State to wich the request is made may require a translation in its own language, certified correct by the authority making the request.Each Party to the present Convention shall notify to each of the other Parties to the Convention the method or methods of transmission mentioned above which it will recognize for the letters of request of the latter State.Until such notification is made by a State, its existing procedure in regard to letters of request shall remain in force.Execution of letters of request shall not give rise to a claim for reimbursement of charges or expenses of any nature whatever other than expenses of experts.Nothing in the present article shall be construed as an undertaking on the part of the Parties to the present Convention to adopt in criminal matters any form or methods of proof contrary to their own domestic laws.Article 14Each Party to the present Convention shall establish or maintain a service charged with the co-ordination and centralization of the results of the investigation of offences referred to in the present Convention.Such services should compile all information calculated to facilitate the prevention and punishement of the offences referred to in the present Convention and should be in close contact with the corresponding services in other States.Article 15To the extent permitted by domestic law and to the extent to which the authorities responsible for the services referred to in article 14 may judge desirable, they shall furnish to the authorities responsible for the corresponding services in other States the following information:1) Particulars of any offence referred to in the present Convention or any attempt to commit, such offence;

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