Tuesday, April 18, 2017
The First Panel of the Federal Supreme Court (STF) approved the request of Extradition (EXT 1454) formulated by the Government of Peru in order to allow the Dutch national Bjorn Ron Den Breker to respond to a lawsuit filed to establish the alleged practice of the crime of drug trafficking, according to article 296 of the Peruvian Penal Code. The decision was unanimous.
According to the case file, in March 2003, two Dutch nationals were arrested at Lima airport (Peru) with 1.8 kg of cocaine and subsequently convicted of trafficking. One of them was a friend of Bjorn Breker and the other in order to be reduced by 1/6 of the sentence, he decided to denounce Breker, even without being involved in the crime, according to the defense. For lawyers, there is no clue or materiality to indicate Bjorn Breker as co-perpetrator of the crime.
The rapporteur, Justice Luiz Fux, voted for approval of the request, with the observation that must be fulfilled the commitments of not imposing penalties prohibited by the Brazilian constitutional system, the maximum time of execution of the sentence set out in 30 years and detraction of the time when the extradite remained in custody in Brazil for extradition purposes.
According to the rapporteur, some institutes of criminal law and criminal procedural law in Brazil, although not existing in the country of origin, do not prevents extradition. In this regard, he cited the judgment of the Extradition 542. It also held that the fact that the person claimed to have companion and Brazilian children does not prevent the granting of the application, according to the precedent of the summary 421 of the STF.
Finally, the justice recalled what the treaty signed between Peru and Brazil on detraction said. According to him, the extradition will not be granted unless the requesting party provides a guarantee that the length of time that has been imposed on the person sought in the requested party by reason of extradition shall be computed. "I verify compliance with all requirements, the existence of the bilateral treaty, with the satisfaction of all its conditions implemented," he said.
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