Debates Parlamentares - Diário 005S1, p. 29 (2014-09-19)

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29 | II Série A - Número: 005S1 | 19 de Setembro de 2014

ARTICLE 5

1 Article 5 of the Convention is replaced by the following text: Each State Party shall make the offences set forth in articles 3, 3bis, 3ter and 3quater punishable by appropriate penalties which take into account the grave nature of those offences.

2 The following text is added as article 5bis of the Convention:

Article 5bis 1 Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for management or control of that legal entity has, in that capacity, committed an offence set forth in this Convention. Such liability may be criminal, civil or administrative.
2 Such liability is incurred without prejudice to the criminal liability of individuals having committed the offences.
3 Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.

ARTICLE 6

1 The chapeau of article 6, paragraph 1 of the Convention is replaced by the following text:

1 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater when the offence is committed:

2 Article 6, paragraph 3 of the Convention is replaced by the following text:

3 Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the SecretaryGeneral. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.

3 Article 6, paragraph 4 of the Convention is replaced by the following text:

4 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater in cases where the alleged offender is present in its territory and it does not extradite the alleged offender to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.

ARTICLE 7

The following text is added as the Annex to the Convention:

ANNEX

1 Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970.
2 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.
3 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons,

29 | II Série A - Número: 005S1 | 19 de Setembro de 2014ARTICLE 51 Article 5 of the Convention is replaced by the following text: Each State Party shall make the offences set forth in articles 3, 3bis, 3ter and 3quater punishable by appropriate penalties which take into account the grave nature of those offences.2 The following text is added as article 5bis of the Convention:Article 5bis 1 Each State Party, in accordance with its domestic legal principles, shall take the necessary measures to enable a legal entity located in its territory or organized under its laws to be held liable when a person responsible for management or control of that legal entity has, in that capacity, committed an offence set forth in this Convention. Such liability may be criminal, civil or administrative.
2 Such liability is incurred without prejudice to the criminal liability of individuals having committed the offences.
3 Each State Party shall ensure, in particular, that legal entities liable in accordance with paragraph 1 are subject to effective, proportionate and dissuasive criminal, civil or administrative sanctions. Such sanctions may include monetary sanctions.ARTICLE 61 The chapeau of article 6, paragraph 1 of the Convention is replaced by the following text:1 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater when the offence is committed:2 Article 6, paragraph 3 of the Convention is replaced by the following text:3 Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the SecretaryGeneral. If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary-General.3 Article 6, paragraph 4 of the Convention is replaced by the following text:4 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in articles 3, 3bis, 3ter and 3quater in cases where the alleged offender is present in its territory and it does not extradite the alleged offender to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article.ARTICLE 7The following text is added as the Annex to the Convention:ANNEX1 Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970.
2 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971.
3 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons,

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