Treaty signed in November 2015 establishes that the convict must be a citizen of the country in which he will be imprisoned
the vice president Geraldo Alckmin (PSB) promulgated on Friday (5.May.2023) the agreement between Brazil and Switzerland for the transfer of convicts. Now, Brazilian citizens convicted by the Swiss justice system may be transferred to serve their sentences in Brazil.
Signed last Friday (May 5) and published in GIVE (Official Diary of the Union) this Monday (May 8), the decree aims to “promoting friendly relationships” between the two countries, in addition to favoring judicial cooperation. According to the text, the agreement also aims to favor the “social reintegration” of the convicted person. Here’s the full of the treaty (163 KB).
The agreement had been signed on November 23, 2015, but Congress only approved the terms of the treaty on October 19, 2022. In the external legal field, the document entered into force in Brazil on January 1, 2023. agreement continues indefinitely. The authorities to be called upon in cases of transfer are the Federal Office of Justice, of the Federal Department of Justice and the Police, for Switzerland; and the Ministry of Justice, for Brazil.
For the process to be carried out, the convicted person can express, both to Brazil and Switzerland, his desire to be transferred. There must also be an agreement between both countries on the procedure. Read more treaty rules below:
- the sentenced person must be a national of the State of execution of the sentence;
- the judgment of the sentencing State must be final and no further criminal proceedings may be pending;
- the duration of the sentence that the convict must serve must be at least 12 months, counting from the day of receipt of the transfer request; It is
- the sentenced person or his representative must consent to the transfer.
As for transfer costs, the agreement determines that they will be the responsibility of the country that will execute the sentence, unless the nations agree on something different beforehand.
In addition, the document establishes that amnesty, pardon or constitutional grace may be granted according to the Constitution of each country and that only the executing country may grant any of these benefits, according to its own laws.
Football coach Alexi Stival, known as Cuca, 59, is accused of having raped a 13-year-old girl in Switzerland in 1987 – when he was still a player, aged 26. At the time, Cuca was playing for Grêmio. On the occasion, the The team from Rio Grande do Sul was on tour in Bern, Switzerland, to play in a friendly tournament. The coach denies involvement in the case.
Cuca and 3 other players –Eduardo Hamester, Henrique Etges and Fernando Castoldi– were arrested by the local police after being denounced for forcibly having sex with the young woman in a hotel in the city. The 4 remained imprisoned for about 1 month, but they paid bail and were released to return to Brazil.
In 1989, Cuca, Eduardo Hamester and Henrique Etges were sentenced to 15 months in prison for the crime of indecent assault using violence, under Swiss criminal law.
Forensic expertise found evidence of Cuca and Eduardo’s semen on the girl’s body. Fernando Castoldi was sentenced to 3 months in prison for lack of evidence of direct participation in the rape. As Brazil prohibits the extradition of Brazilians, none of the sentences were carried out.
With the enactment of the decree, Cuca would not necessarily be transferred if he had been detained in Switzerland, except if he opted for the transfer.
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