TREATY ON COOPERATION
IN THE EXECUTION OF PENAL SENTENCES
BETWEEN
THE GOVERNMENT
OF THE REPUBLIC OF ITALY
AND
THE GOVERNMENT
OF THE KINGDOM OF THAILAND
The Government of the Republic of Italy 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 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 or has been transferred;
2. "Receiving State" means the Party to which the offender is to be
or has been transferred;
3. "Offender" means a person who, in the territory of either Party,
has been convicted of a crime and sentenced, by a judicial authority,
either to a term of imprisonment or other form of deprivation of
liberty, or to conditional release or other form of supervision
without confinement. The term shall include such a person subject to
confinement, custody or supervision under the law of the Transferring
State respecting juvenile offenders.
Article II
SCOPE OF APPLICATION
The application of this Treaty for the transfer of offenders shall
be subject to the following conditions:
1. That the offense, for which the offender to be transferred was
convicted and sentenced, is one which would also be considered 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 described in the laws of the two Parties be
identical in matters not affecting the nature of the crimes.
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; or
b) against the Head of State ot 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 of the 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 or any other offense are pending in the Transferring
State.
6. That, in the case of imprisonment or other form of deprivation
of liberty, the offender shall, at the time of transfer, have served
in the Transferring State any minimun period of the sentence
prescribed 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, its public order; or
b) the offender is also a national of the Transferring State.
Article III
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. In deciding upon the transfer of an offender, each Party shall
consider the probability that the transfer of the offender will
contribute to his social rehabilitation or otherwise be in his best
interests and may also consider 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.
4. An offender may be transferred if:
a) he is under a sentence of imprisonment for life; or
b) he is serving a sentence with a definite termination date, or
the authorities competent to fix such a date have so acted; or
c) he is subject to confinement, custody or supervision under the
law of the Transferring State respecting juvenile offenders.
5. The Transferring State shall furnish to the Receiving State a
statement showing the offense of which the offender was convicted,
the termination date of the sentence, the lenght of time already
served by the offender, and any credits to which the offender is
entitled on account of work done, good behavior or pretrial
confinement.
6. The Transferring State shall furnish to the Receiving State a
certified copy of all judgments and sentences concerning the offender
from the date of his detention in the Transferring State. When the
Receiving State considers such information insufficient, it may
request additional information.
7. Delivery of the offender by the authorities of the Transferring
State to those of the Receiving State shall occur at a place within
the Transferring State agreed upon by both Parties.
8. The Transferring State shall afford an opportunity to the
Receiving State, if the Receiving State so desiders, to verify that
the offender's consent to the transfer is given voluntarily and with
full knowledge of the consequences thereof, through the officer
designated by the law of the Receiving State.
Article IV
RETENTION OF JURISDICTION
In respect of sentences to be executed pursuant to this Treaty, the
Transferring State shall retain exclusive jurisdiction regarding the
judgments of its courts, the sentences imposed by them, and any
procedures for revision, modification or cancellation of judgments
and sentences pronounced by its courts. The Receiving State, upon
being informed of any revision, modification or cancellation of such
a judgment or sentence, shall put such measure into effect.
Article V
PROCEDURE FOR EXECUTION OF SENTENCE
1. Except as otherwise provided in this Treaty, the completion of a
transferred offender's sentence shall be carried out according to the
laws and procedures of the Receiving State. The Receiving State may
also apply its laws and procedures governing conditions for service
of imprisonment, confinement or other deprivation of liberty,
probation and parole, and those providing for the reduction of the
term of imprisonment, confinement or other deprivation of liberty by
parole, conditional release or otherwise. The Transferring State
shall, in addition, retain a power to pardon the offender or to
commute his sentence and the Receiving State shall, upon being
notified of such pardon or commutation, give effect thereto.
2. The Receiving State may treat under its law relating to juvenile
offenders any offender so categorized under its law regardless of his
status under the law of the Transferring State.
3. No sentence of deprivation of liberty shall be enforced by the
Receiving State in such a way as to extend it beyond the period
specified in the sentence of the court of the Transferring State.
4. The expenses incurred in the transfer of the offender or in the
completion of the offender's sentence shall be borne by the Receiving
State.
5. The authorities of either Party shall at the request of the
other Party provide reports indicating the status of all offenders
transferred under this Treaty, including, in particular, the parole
or release of any offender. Either Party may, at any time, request a
special report on the status of the execution of an individual
sentence.
6. The transfer of an offender under the provisions of this treaty
shall not entail any additional disability under the law of Receiving
State beyond that which the fact of his conviction may in and of
itself already have created.
Article VI
TRANSIT OF OFFENDERS
If either Party enters into an agreement for the transfer of
offennders with any third State, the other Party shall cooperate in
facilitating the transit through its territory of offenders being
transferred pursuant to such agreement. The Party intending to make
such a transfer will give advance notice to the other Party of such
transit.
Article VII
IMPLEMENTING PROCEDURE
1. In implementing this Treaty either Party may establish
procedures and criteria consistent with its purpose and object for
determining whether or not to consent to the transfer of an offender.
2. Each Party shall establish by legislation or regulation the
procedures necessary to give effects within its territory to the
judgments and sentences pronounced by courts of the other Party, and
each Party agrees to cooperate in the procedures established by the
other Party.
3. Each Party shall designate authorities to perform the functions
provided in this Treaty.
Article VIII
FINAL PROVISIONS
1. This Treaty shall be subject to ratification and shall enter
into force on the date on which instruments of ratification are
exchanged. This exchange of instruments of ratification shall take
place at Rome as soon as possible.
2. The present Treaty shall remain in force for three years from
the date upon which it enters into force. Thereafter, the Treaty
shall continue in force until ninety days from the date upon which
either Party gives written notice to the other Party of its intention
to terminate the Treaty.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto
by their respective Governments, have signed the present Treaty.
DONE at Bangkok this twentyeighthday of february, 1984 in
duplicate, in the Italian Thai and English languages, each text being
equally authentic. In case of divergence, the English text shall
prevail.
for The Government of the Kingdom of Thailand
Air Chief Marshal SIDDHI SAVETSILA
Minister
of Foreign Affairs of Thailand
for The Government of the Repubblic of Italy
Hon. BRUNO CORTI
Deputy Minister
of Foreign Affairs of Italy
Visto, il Ministro degli affari esteri
ANDREOTTI