550/1992 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
Modified: 31/1997.
Change: 48/2006 Coll., m.s.
The Federal Ministry of Foreign Affairs says that the 20 June. April 1959
It was in Strasbourg agreed, the European Convention on mutual assistance in matters of
criminal.
On behalf of the Czech and Slovak Federal Republic, the Convention was signed in
Strasbourg, 13 November 2002. February 1992.
With the Convention expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
It was ratified by the Republic, subject to the provisions of article 5 (3). 1 (a). and (b)).
(c)), that the request concerning the tours or to ensure things will
done under the conditions that the offence to which the request relates,
offence under the law of both the requesting party and the Czechoslovak
the parties and the implementation of the request is in accordance with the Czechoslovak legal
of procedure. Instrument of ratification was deposited with the Secretary-General of the Council
Europe, the depositary of the Convention, on 15. April 1992.
When the signature and ratification of the Convention was made the following statement:
In accordance with article 15, paragraph 1(a). 6 of the European Convention on mutual assistance in matters of
the criminal must be request in criminal proceedings before the filing of the indictment
sent to the General Prosecutor's Office of the Czech and Slovak Federal Republic
and after the filing of the indictment to the Ministry of Justice of the Czech Republic, or
the Ministry of Justice of the Slovak Republic.
Summons the accused persons in accordance with the European Convention on mutual
assistance in criminal matters, which are located on the Czechoslovak
territory, shall be handed over to the Czechoslovak authorities at least 30 days before the
the date, when to arrive.
The judicial authorities for the purposes of the implementation of the European Convention on mutual assistance
in criminal matters, the General Prosecutor's Office are the Czech and Slovak
Federative Republic and the Ministry of Justice of the Czech Republic and
the Ministry of Justice of the Slovak Republic.
Convention entered into force on the basis of its article 27. 2 day 12.
June 1962. For the Czech and Slovak Federal Republic entered in the
force in accordance with its article 27. 3 day 14. July 1992.
Czech translation of the Convention shall be published at the same time.
THE EUROPEAN CONVENTION
on mutual assistance in criminal matters
Governments which have signed this Convention, being members of the Council of Europe,
considering that the aim of the Council of Europe is to achieve greater unity between the
its members;
believing that the adoption of common rules in the field of mutual assistance in
criminal matters will contribute to the achievement of this objective;
considering that such mutual assistance is related to the question of extradition,
that has already been the subject of a Convention signed by 13. December 1957;
agree on the following:
TITLE I OF THE
General provisions
Article 1
1. The parties undertake to provide, without delay, in accordance with the provisions of the
This Convention, the widest possible mutual assistance in proceedings for offences
the punishment at a time when calls for help, belongs to the competence of the
the judicial authorities of the requesting party.
2. this Convention does not apply to arrests, the enforcement of the judgment or of the criminal
the actions of the military, which is not punishable under general criminal law.
3. Mutual assistance may also be granted in proceedings for offences, which
are subject to sanction under the law of the requested or the requesting party
as any violation of the rule of law, the administrative authorities prosecuted
the decision may be the reason for the initiation of proceedings before a judicial authority,
competent, in particular in criminal matters.
4. Mutual assistance will not be rejected on the grounds that it relates to acts for
they can be found liable in a legal person to the requesting party.
Article 2
Assistance may be refused:
and) if the request relates to an offence which the requested Party considers
for an offence of a political or related to such an offence, or
for an offence of a fiscal;
(b) if the requested Party has) considered that the execution of the request would be
apparently at the expense of its sovereignty, security, public order or
other essential interests of the State.
TITLE II
Request
Article 3
1. The requested Party shall give way to modified in its legal order
any request relating to a criminal case, which sent it to the judicial
the authorities of the requesting party for the purpose of the taking of evidence or the handing over of goods,
to be used as evidence, documents or papers.
2. If the requesting party wishes to witnesses or experts have been
questioned under oath, it must explicitly request. The requested Party
to satisfy this request, if the law does not prohibit.
3. the requested Party may transmit certified copies or certified photocopies
the requested files and documents, if the requesting party expressly requests
the handover of the originals. In such a case, the requested Party shall endeavour to
to comply with the request.
Article 4
1. the requested Party shall, if requested by the requesting party expressly,
the date and place where the request is performed. The institutions and persons concerned
may be present, unless the requested Party agrees.
2. requests relating to the presence of these bodies or interested persons
should not be rejected if their presence will contribute to
the request to best fit the needs of the requesting parties,
and thus allow to avoid additional requests for assistance.
Article 5
1. any Contracting Party may, when signing this Convention, of the deposit of its
instrument of ratification or instrument of accession, by a declaration addressed to the
the Secretary-General of the Council of Europe, reserve the right to make the request
about the tours or to ensure things dependent on one or more of the
the following terms and conditions:
and) offense, to which the request relates is punishable in accordance with the legal
the order of how the requesting and the requested Parties;
(b)) a criminal offence, to which the request relates, is a criminal offence
subject to release in the requested State;
(c) the execution of the request) is in accordance with the laws of the requested Party.
2. If the Contracting Party shall make a declaration referred to in paragraph 1(b). 1 of this article,
any other party may apply reciprocity.
Article 6
1. the requested Party may postpone the surrender of the requested things, writings and
instruments, if these things, writings or documents he needs for the
the ongoing criminal proceedings.
2. Things and the original files and documents that were passed as part of the request,
will be returned to the requesting party to the requested Party as soon as
possible, if the requesting party to return.
TITLE III
The service of documents and judicial decisions-the participation of witnesses, experts and
the prosecuted persons
Article 7
1. the requested Party shall ensure that the service of documents and judicial decisions,
for this purpose, which were forwarded to the requesting party.
Delivery can be done by simply sending documents or decisions
the person to be served. If the requesting party expressly asks,
delivery will be made by the requested Party in a way that is for
delivery of similar documents prescribed by its legal order, or
in a special way, which is compatible with the rule of law.
2. Proof of delivery will be dated, signed by the person that used
the consignment was intended for, or confirmation of the requested Party, that delivery was
done, with an indication of the manner and date of delivery. The first or the second document
It will be immediately sent to the requesting party. If the requesting party about it
request, the requested Party shall confirm that the delivery was carried out according to the
the law of the requested Party. If delivery cannot be effected,
the requested Party shall inform the applicant party immediately of the reasons for it.
3. any Contracting Party may, when signing this Convention, of the deposit of its
instrument of ratification or instrument of accession by a declaration addressed to the
the Secretary-General of the Council of Europe apply to service of summons
accused persons who are found in its territory was passed to the
their offices for some time before the date, when to arrive. This time
will be set out in that Declaration; must not exceed 50 days.
This period will be taken into account in the determination of the date of the summons, and when his
the handover.
Article 8
A witness or expert who fails to appear at a summons, whose delivery
was requested, it will not be subjected to any sanction or restriction, even though
the summons contains a threat of such punishment, if subsequently the
will not enter the territory of the requesting party and there is again
duly summoned.
Article 9
Compensation, including travel and subsistence expenses to be borne by the witness
or experts of the requesting party, shall be calculated from the place of their residence
and the amount will be fixed so that, at least, what is the
provided according to the applicable regulations of the country where a hearing is to be performed.
Article 10
1. If the requesting party considers the personal participation of the witness or expert when
the hearing before its judicial authorities for a particularly important, it shall indicate in a
request for the service of the summons. In such a case, the requested Party shall request
the witness or expert to appear.
The requested Party shall inform the requesting Party of the answers of the witness
or expert.
2. In the case referred to in paragraph 1 of this article shall be in request for
the summons stated, what compensation will be given, and what about
travel and food expenses will be covered.
3. at the specific request of the requested Party may provide a witness or
experts from the backup. The amount of the advance will be listed on the summons and be reimbursed
the requesting party.
Article 11
1. a person in custody or imprisonment, whose personal
participation in the investigation, with the exception of its position before the Court for the purpose of
condemnation of the requesting party is requested, it will be temporarily handed to her
the territory on the condition that it will be returned within the time limit set by the requested Party
and under the conditions referred to in the provisions of article 12 of the Convention, if they are
applicable.
Surrender may be refused if:
and) a person who is in detention or imprisonment,
will not agree
(b)) is its presence necessary for prosecution, which takes place on the territory of the
the requested Party,
(c)), the transmission could extend its binding or imprisonment, or
(d) other reasons) they are prevailing over her passing on the territory of the requesting
the parties.
2. Under the terms of the provisions of article 2 of this Convention, in the case of, which is
referred to in paragraph 1, the transit of a person in custody or in prison
deprivation of liberty through the territory of a third party is permitted to request that the
they will be accompanied by all the necessary documents and which will be sent to the
the Ministry of Justice of the requesting party to the Ministry of
Justice, the parties, through whose territory transit is requested. This party
may refuse to permit the transit of its citizens.
3. Passed the person in custody will remain on the territory of the requesting party and, where
it comes in the account, even on the territory of the party where the transit is requested, unless the
the party, which calls for the handover, has requested her release.
Article 12
1. A witness or expert, whatever his nationality, who
come to the summons before the judicial authorities of the requesting party, the
prosecuted or detained or otherwise restricted to personal freedom on the territory of the
the requesting party in relation to offences committed or judgments
vynesenými before he has left the territory of the requested Party.
2. a person, whether it is her citizenship, which she was summoned to appear
before the judicial authorities of the requesting party, that was responsible for the acts,
which are the subject of the proceedings against her, will not be prosecuted or
detained or otherwise restricted to personal freedom in connection with the acts
committed or the judgments of vynesenými before leaving the territory of the requested
the parties, which are not listed in the summons.
3. the Immunity provided for in this article will cease to apply in the event that the witness
or an expert or being pursued by a person had the possibility to leave the territory of 15 consecutive
consecutive days from the day when their presence was no longer required, but
Regardless, she remained in that territory, or after departure
She returned.
TITLE IV
Registers
Article 13
1. The requested Party shall send copies and information from criminal records, the requested
from her judicial authorities of the Contracting Parties, which are required in the criminal
things, in the same range in which it can provide its own
judicial authorities in similar cases.
2. in all cases other than those referred to in paragraph 1
This article, the request will be processed in accordance with the conditions laid down
in the law, regulations or practice of the requested Party.
THE HEAD OF THE
The management of
Article 14
1. a request for mutual assistance shall include:
and the designation of the authority) the application is made;
(b) the subject matter and the reason for the request);
(c)) if it is possible, the particulars of the person to whom the application relates, and
citizenship;
(d)) if necessary, the name and address of the person to be served.
2. Letters Rogatory referred to in articles 3, 4 and 5 will also include legal
qualifications and a brief description of the facts.
Article 15
1. A request for mutual assistance and information without the request will be sent in the
the written form of the Ministry of Justice of the requesting party
the Ministry of Justice of the requested Party and their processing will be
sent in the same way. However, they may also be sent directly to the judicial
the authorities of the requesting party, the requested party's judicial authorities and their
will be sent in the same way.
2. The application referred to in article 11 of this Convention as well as the application
referred to in article 13 of the second additional protocol to this Convention will be
always sent to the Ministry of Justice of the requesting party to the Ministry of
of Justice of the requested Party and their settlement will be sent to the same
in a way.
3. Requests for mutual assistance concerning proceedings as set out in
paragraph 3 of article 1 of this Convention may be according to the circumstances of the case also
sent directly to the administrative or judicial authorities of the requesting party
the administrative or judicial authorities of the requested Party and their processing will be
sent in the same way.
4. A request for mutual assistance provided for in articles 18 and 19 of the second
the additional protocol to this Convention, may be sent directly by the competent
the authorities of the requesting party to the competent authorities of the requested Party.
5. The request referred to in paragraph 1 of article 13 of this Convention, may be sent to
directly to the competent judicial authorities to the competent authorities of the requested Party and
the execution can be sent directly by those authorities. Application of modified in
paragraph 2 of article 13 of this Convention, shall be forwarded by the Ministry of
of Justice of the requesting party to the Ministry of Justice of the requested
the parties.
6. The request to send copies of judgments and of the measures referred to in article 4
The additional protocol to this Convention, may be sent directly to the competent
to the authorities. A Contracting Party may, at any time, by declaration addressed to the
the Secretary-General of the Council of Europe, to identify the bodies, as it considers
the competent authorities for the purposes of this paragraph.
7. in urgent cases, when direct contact is permitted in accordance with this Convention,
can be made through the international criminal organization
Police (Interpol).
8. the Contracting Party may at any time, by a declaration addressed to the
the Secretary-General of the Council of Europe, reserve the right to make all or
some of the requests for assistance to the fulfilment of one or more of the following
terms and conditions:
and a copy of the request) must be sent to the central authority designated in
the Declaration,
(b)), except urgent requests, must be sent to the Central
the authority designated in the Declaration,
(c)) in the case of direct dispatch, for reasons of urgency will also be sent to the
a copy of the Ministry of Justice,
(d)) some or all of the request for assistance, it shall be sent to the other
in a way, than as stated in this article.
9. Requests for assistance and all other communication on the basis of this Convention or
its protocols might be sent through electronic and
other telecommunications means, provided that the requesting party
It is prepared to submit at any time, on request, a written record of its
dispatch, as well as its original. Any party may, at any time,
the Declaration addressed to the Secretary General of the Council of Europe, establish
the conditions under which it is prepared to receive and handle applications, which
received by electronic or other means of telecommunication.
10. The provisions of this article are without prejudice to the bilateral agreements or
the arrangement, which applies between Contracting Parties and provides direct messaging
requests for assistance between their offices.
Article 16
1. subject to the provisions of paragraph 2 of this article, translations of applications and
the attached documents will not be required.
2. Each Contracting Party may, when signing this Convention, of the deposit of its
instrument of ratification or instrument of accession by a declaration addressed to the
the Secretary-General of the Council of Europe, reserve the right to provide that the
the application and accompanying documents have been sent with translations into its
language or an official language of the Council of Europe or into one
of these languages, that is her. The other Contracting Parties may
use of reciprocity.
3. This article is without prejudice to the provisions concerning translations of applications or
the attached documents that are contained in the agreements and arrangements, whether
in the current, or those that will be negotiated between two or more
by the Contracting Parties.
Article 17
Evidence or documents transmitted pursuant to this Convention, do not require
validation.
Article 18
If the authority which receives a request for mutual assistance, is not competent to
its execution, ex officio, transmit the request to the competent authority of its
State and inform the requesting party directly, if the request
was sent directly.
Article 19
Refusal of mutual assistance will be justified.
Article 20
1. the Parties shall not claim from each other the refund of expenses
resulting from the application of this Convention or its protocols, except:
and expenditure on participation of experts) on the territory of the requested Party,
(b)) of the expenditure on transfer of the person in custody or in prison sentence
freedom, which is carried out pursuant to article 13 or article 14 of the second additional
a protocol to this Convention or, in accordance with article 11 of this Convention,
c) high or exceptional expenses.
2. The costs of setting up a video or telephone link, costs
relating to the implementation of a video or telephone link in the requested
hand, the interpreters, the remuneration of the party, and refunds
paid to witnesses, as well as their travel in the requested Party will be this
side paid the applicant party, unless the parties agree otherwise.
3. the Parties shall consult each other in order to establish the conditions
the payment of the expenditure, which could be claimed under paragraph 1 (c))
This article.
4. the provisions of this article shall not affect the application of the provisions of article 10 of
paragraph 3 of this Convention.
TITLE VI OF THE
The criminal complaint
Article 21
1. Notification of one Contracting Party, which may lead to prosecution
before the courts of the other Contracting Parties, will be passed between the competent
the ministries of Justice, if the contracting parties do not use the option
that gives them the article 15(2). 6.
2. the requested Party shall inform the requesting Party of any
measures which have been carried out on the basis of such notice, and
send her a copy of the decision, which was issued.
3. The notification referred to in paragraph 1 of this article shall be applied to the provisions
Article 16.
TITLE VII
The exchange of information from criminal records
Article 22
1. Each Contracting Party shall inform the other party of any
criminal convictions and subsequent measures relating to their national
citizens, which are contained in the criminal record. Of the Ministry of
Justice will send this information to each other at least once
a year. In cases where the person concerned is considered to be the State
a citizen of two or more Contracting Parties, the information will be provided to each
of these parties, if this person is not a citizen of a party on whose
the territory was doomed.
2. each Contracting Party that transmitted the information referred to above,
shall be sent to the party concerned at its written request in individual cases
copies of the judgments concerned and measures, as well as all other necessary
information, which will enable it to assess whether it is necessary to perform any
measures on its territory. This information will be sent between
the ministries of Justice of the countries concerned.
TITLE VIII
Final provisions
Article 23
1. A Contracting Party may, when signing this Convention or when depositing its
instrument of ratification or instrument of accession make reservations to
any of the provisions of this Convention.
2. Any Contracting Party which has made a reservation shall withdraw it as soon as it
the circumstances will allow. This appeal will be communicated to the Secretary-General
The Council Of Europe.
3. A Contracting Party which has made a reservation to any provisions of this
The Convention, cannot rely on the application of this provision by another Contracting
the party in a different scope than this provision adopted.
Article 24
Each State in the signature or when depositing its instrument of ratification, or
the instruments of acceptance, approval or accession, by a declaration addressed to the
the Secretary-General of the Council of Europe will determine which institutions will be for the purposes
This Convention shall be considered as judicial authorities. You will then be able to at any time and
in the same way to change the text of this statement.
Article 25
1. this Convention shall apply to the metropolitan territory of the Contracting Parties.
2. in relation to France will also apply to Algeria and the overseas
departments, in relation to Italy, will also apply to the territory of Somalia,
which is under Italian administration.
3. The Federal Republic of Germany may extend the application of this Convention to
"The Land Berlin ' communication to the Secretary-General of the Council of Europe.
4. in relation to the Kingdom of the Convention shall apply to the European
territory. The Netherlands may extend the application of this Convention by a written communication
the Secretary-General of the Council of Europe, the Netherlands Antilles, Suriname and
Dutch New Guinea.
5. Direct arrangement between two or more Contracting Parties in
maintaining the conditions that will be in this arrangement agreed upon, may be
the scope of this Convention extended to the territory of one of the other Contracting
Parties, other than those which are referred to in paragraphs 1, 2, 3 and 4 of this
Article, for whose external relations corresponds to the Contracting Party.
Article 26
1. subject to the provisions of article. 15. 7 and article. 16. 3 this Convention
in relation to States that are bound by the provisions of her will replace all
contracts, agreements or bilateral arrangements governing between two
the Contracting Parties to provide mutual assistance in criminal matters.
2. this Convention shall not affect obligations arising from other bilateral
or multilateral international conventions, which contain or are
contain the articles governing the special aspects of mutual assistance in the
area.
3. The Contracting Parties may conclude between themselves bilateral or
multilateral agreements on mutual assistance in criminal matters only to supplement
the provisions of this Convention or to facilitate the application of the principles that
It contains.
4. In cases where, between two or more Contracting Parties to the
their territory provides mutual assistance in criminal matters on the basis of the
the uniform law or on the basis of a special scheme
the mutual application of measures of mutual assistance in their respective territories,
the Contracting Parties shall, notwithstanding the provisions of this Convention to modify
their mutual relations in this area solely in accordance with these legal
regulations or systems. The Contracting Parties, in accordance with this
paragraph excludes the application of this Convention between themselves, shall notify the General
the Secretary-General of the Council of Europe.
Article 27
1. this Convention shall be open for signature by all members of the Council of Europe. Is subject to the
ratification. The instruments of ratification shall be deposited with the Secretary-General of the
The Council Of Europe.
2. the Convention shall enter into force 90 days after the deposit of the third instrument of ratification
of the Charter.
3. In relation to the parties, that it will be ratified later, the Convention
shall enter into force 90 days after the deposit of their instruments of ratification.
Article 28
1. the Committee of Ministers of the Council of Europe may invite any State which is not
a member of the Council of Europe, to this Convention, on condition that, with
the resolutions, which contains such an invitation, the unanimous consent
all the members of the Council, who ratified this Convention.
2. access will be made by depositing the instrument of accession with the General
Secretary-General of the Council. Efficiency takes 90 days after the deposit.
Article 29
Any Contracting Party may denounce this Convention the extent to which
her concerns, the communication to the Secretary-General of the Council of Europe passed. Notice of termination
takes the efficiency of six months after the date on which the Secretary General of the Council of such
the communication receives.
Article 30
The Secretary General of the Council of Europe shall notify the members of the Council and the Governments of
the States which have acceded to this Convention of:
and) States which have signed the Convention, and of the deposit of instruments of ratification
or access;
(b) the date of entry into force of this Convention) in force;
(c) communications received in accordance with the provisions of the) article 5, paragraph 1(a). 1, article 7,
paragraph. 3, article 15, paragraph 1(a). 6, article 16, para. 2, article 24, article 25,
paragraph. 3 or article 26, para. 4;
d) reservations made pursuant to article 23, para. 1;
(e) revocation of reservations) according to article 23, para. 2;
(f)), the communications received in accordance with article 29, the date when the
such testimony had acquired efficiency.
On the evidence of the undersigned, being duly authorised thereto, have signed the
This Convention.
Done at Strasbourg on 20 April. April 1959 in English and French,
both texts are equally authentic, in a single copy, which
will be stored in the archives of the Council of Europe. The Secretary General of the Council of Europe
shall transmit certified copies to the Government of each signatory or State or that
Signed the Convention or approached.
