Minister Beaupré to
the Secretary of State.
American Legation,
Buenos
Aires, May 10,
1905.
No. 156.]
Sir: I have the honor to report that there was
agreed upon and signed at Some on June 9, 1904, by the duly authorized
representatives of this country and Italy, Señor Enrique B. Moreno,
envoy extraordinary and minister plenipotentiary of Argentina to Italy,
and Hon. Tommaso Tittoni, Italian minister of foreign affairs, an
additional protocol to the extradition treaty now in force between the
two said countries. This protocol was to-day submitted to Congress for
its approval, accompanied by an executive message urging its
ratification.
I inclose herewith a copy of the protocol cut from the record of the
Chamber of Deputies, No. 4, of to-day’s date, with a translation.
* * * * * *
I am, etc.,
[Inclosure.—Translation.]
[From the daily record of the
Chamber of Deputies of the National Congress, No. 4, reporting
session of May 10,
1905.]
additional protocol to the treaty
of extradition with italy.
Met in the ministry of foreign affairs of the Kingdom of Italy, their
excellencies Tommaso Tittoni, minister of foreign affairs, and Don
Enrique B. Moreno, envoy extraordinary and minister plenipotentiary
of the Argentine Republic, with the object of harmonizing the
convention of June 16,1886, with the provisions of the Italian penal
code, which went into effect on January 1, 1890, and in which the
distinction between criminal and correctional penalties was
eliminated and the death penalty was abolished, and, desiring
further to remove the
[Page 34]
doubt
to which the interpretation of said convention might give rise in
the cases indicated, agreed upon the following:
- I.
- That extradition shall always be conceded for the crimes
of homicide, corporal injury, rape, seduction, criminal
assault, polygamy, pretended marriage, incendiarism,
falsification, and bankruptcy, in the cases described as
such crimes in numbers 1, 2, 3, 4, 7, 9, and 10 of article
VI of said convention whatever the penalty applicable or
applied to those crimes may be.
- II.
- That extradition shall be conceded for the other crimes
indicated in the above-mentioned article VI whenever they
are subject to punishment restrictive of personal liberty
for a period greater than one year or punishable by a fine
that exceeds the sum of one thousand pesos, Argentine
national currency, or its equivalent in Italian
liras.
- III.
- That in the case of extradition of an individual accused
or condemned of a crime which the laws of the country
requesting the extradition punish by a greater penalty than
those of the country of which extradition is requested, the
latter may on granting extradition impose the condition that
the lesser penalty be inflicted. When it is a question of
the death penalty, for it shall be substituted that
immediately inferior according as the laws of the respective
countries may prescribe.
- IV.
- That extradition shall be conceded although the guilty
party alleges a political motive or end, if the deed for
which it was requested constitute primarily a common
crime.
- V.
- That an attempt upon the life of the chief or sovereign of
one of the contracting States, or upon the members of their
respective families, or upon the ministers of state, shall
not be considered a political crime, or even connected with
a political crime, when this attempt constitutes homicide or
poisoning, punishable by a penalty of whatever
degree.
In faith of which the undersigned, duly authorized to this effect,
have signed and sealed the present additional protocol to the
convention of extradition of June 16, 1886.
Done in duplicate copies in the city of Rome on June 9, 1904.
The minister of foreign affairs of the Kingdom of Italy.
The minister of the Argentine Republic, near His Majesty, the
King of Italy.
