Debates Parlamentares - Diário 068S1, p. 117 (2008-03-13)

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117 | II Série A - Número: 068S1 | 13 de Março de 2008

Chapter VIII Jurisdictional and disciplinary terms Article 25 Criminal and disciplinary jurisdiction 1. The authorities of the Sending State shall have the right to exercise all criminal and disciplinary jurisdiction conferred on them by the law of the Sending State over military and civilian personnel where such civilian personnel are subject to the law governing all or any of the police forces with military status of the Sending State, by reason of their deployment with those forces.
2. The authorities of the Host State or the Receiving State shall have the right to exercise jurisdiction over military and civilian personnel and their family members, with respect to offences committed within their respective territories and punishable by the laws of that State.
3. The authorities of the Sending State shall have the right to exercise exclusive jurisdiction over military and civilian personnel where such civilian personnel are subject to the law governing all or any of the police forces with military status of the Sending State, by reason of their deployment with those forces, with respect to offences, including offences relating to its security, punishable by the law of the Sending State, but not by the law of the Host State or the Receiving State.
4. The authorities of the Host State or the Receiving State shall have the right to exercise exclusive jurisdiction over military and civilian personnel and their family members with respect to offences, including offences relating to its security, punishable by its law but not by the law of the Sending State.
5. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply: a. the competent authorities of the Sending State shall have the primary right to exercise jurisdiction over military and civilian personnel where such civilian personnel are subject to the law governing all or any of the police forces with military status of the Sending State, by reason of their deployment with those forces, in relation to: i) offences solely against the property or security of that State, or offences solely against the person or property of military or civilian personnel of that State or of a family member; ii) offences arising out of any act or omission done in the performance of official duty; b. in the case of any other offence, the authorities of the Host State or the Receiving State shall have the primary right to exercise jurisdiction; c. if the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where that other State considers such waiver to be of particular importance.
6. For the purposes of paragraphs 3, 4 and 5, a security offence against a State shall include: a. treason against the State; b. sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defence of that State.
7. The provisions of this Article shall not imply any right for the authorities of the Sending State to exercise jurisdiction over persons who are nationals of, or ordinarily resident in, the Host State or the Receiving State, unless they are members of the force of the Sending State.

117 | II Série A - Número: 068S1 | 13 de Março de 2008Chapter VIII Jurisdictional and disciplinary terms Article 25 Criminal and disciplinary jurisdiction 1. The authorities of the Sending State shall have the right to exercise all criminal and disciplinary jurisdiction conferred on them by the law of the Sending State over military and civilian personnel where such civilian personnel are subject to the law governing all or any of the police forces with military status of the Sending State, by reason of their deployment with those forces.
2. The authorities of the Host State or the Receiving State shall have the right to exercise jurisdiction over military and civilian personnel and their family members, with respect to offences committed within their respective territories and punishable by the laws of that State.
3. The authorities of the Sending State shall have the right to exercise exclusive jurisdiction over military and civilian personnel where such civilian personnel are subject to the law governing all or any of the police forces with military status of the Sending State, by reason of their deployment with those forces, with respect to offences, including offences relating to its security, punishable by the law of the Sending State, but not by the law of the Host State or the Receiving State.
4. The authorities of the Host State or the Receiving State shall have the right to exercise exclusive jurisdiction over military and civilian personnel and their family members with respect to offences, including offences relating to its security, punishable by its law but not by the law of the Sending State.
5. In cases where the right to exercise jurisdiction is concurrent the following rules shall apply: a. the competent authorities of the Sending State shall have the primary right to exercise jurisdiction over military and civilian personnel where such civilian personnel are subject to the law governing all or any of the police forces with military status of the Sending State, by reason of their deployment with those forces, in relation to: i) offences solely against the property or security of that State, or offences solely against the person or property of military or civilian personnel of that State or of a family member; ii) offences arising out of any act or omission done in the performance of official duty; b. in the case of any other offence, the authorities of the Host State or the Receiving State shall have the primary right to exercise jurisdiction; c. if the State having the primary right decides not to exercise jurisdiction, it shall notify the authorities of the other State as soon as practicable. The authorities of the State having the primary right shall give sympathetic consideration to a request from the authorities of the other State for a waiver of its right in cases where that other State considers such waiver to be of particular importance.
6. For the purposes of paragraphs 3, 4 and 5, a security offence against a State shall include: a. treason against the State; b. sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defence of that State.
7. The provisions of this Article shall not imply any right for the authorities of the Sending State to exercise jurisdiction over persons who are nationals of, or ordinarily resident in, the Host State or the Receiving State, unless they are members of the force of the Sending State.

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