20/1931 Coll.
Convention
Between the Czechoslovak Republic and the Kingdom of Spain on the issue
criminals and legal assistance in criminal matters.
On behalf of the Czechoslovak Republic.
On behalf of the Czechoslovak Republic
And
Kingdom of Spain
Was negotiated this Convention:
(Translation.)
Convention
Between the Czechoslovak Republic and the Kingdom of Spain on the issue
criminals and legal assistance in criminal matters.
President of the Czechoslovak Republic and His Majesty the King of Spain,
desirous of regulating legal relations between the two countries as regards
criminals extradition and transit, as well as legal assistance in criminal matters,
decided to conclude a Convention for this purpose and have appointed as their plenipotentiaries:
President of the Czechoslovak Republic:
P. Dr. Emil Spira
Union chief of the Justice Department
P. JD Karel Halfar,
Head of the department of international treaties in the Ministry of Foreign Affairs
,
His Majesty the King of Spain:
P. Vicente González-Arnao Amar y de la Torre,
Minister-resident, Head of the Legal Section of His public ministry,
Knight of the Order of Charles III., Commander of the Order of Isabella the Catholic,
P. Juan Gómez Montejo,
Chief of the office of the first class technical body of legal experts
His Justice Department
Who, having exchanged their full powers, found in good and due form
agreed upon the following provisions:
Title I.
Article 1.
Extradition.
The Parties undertake to issue another request to the person
who reside in the territory of one of them and they are being prosecuted or have been convicted
judicial authorities of the other Party for any offense for which
You can authorize the issuance by the laws of the requested Party if:
A) the laws of both states, even if only in some parts of their territory -
saved on this offense a custodial sentence of at least one
year or a heavier penalty, or if a person has been convicted of the same required | || offense to imprisonment of at least six months or to a heavier punishment
;
B) the offense was committed on the territory of the requesting State;
C) prosecution of the offense is not under the laws of the requested
reserved to its own courts.
Was when the offense was committed outside the territory of the requesting State, will release
allowed only if permitted by the law of the State requested under similar circumstances
prosecution for the same offenses committed outside its territory
.
Issue will also be allowed to try the above crimes
or participation in them, if they are punishable under the legislation
both parties.
Article 2.
Parties have the obligation not to issue your own individual state
members.
Handed if required by the person in the State addressed a request for granting citizenship
sooner than had been applied for his extradition may be
decision on the request for extradition postponed pending the outcome of the request for granting citizenship
.
Article 3.
The offenses for which extradition can not be allowed.
Issue is inadmissible:
A) for political crimes or offenses related thereto;
Decide all on whether the offense is of this nature, it belongs exclusively
requested State.
Attack against the Head of State establishes if the completed or whether nedokonaný
crime of murder or manslaughter, attempt or participation in such an act will not
considered a political offense or as an offense connected with such an offense
;
B) for purely military offenses;
C) to its own press offenses;
D) for offenses against the laws of customs, tax and other financial laws
;
E) for offenses whose prosecution can be initiated only on a private proposal
injured person and stop elects not from him;
F) If there was a limitation for criminal prosecution or punishment under the laws
valid in all parts of the territory of one of the parties, or by
laws of the country where the crime was committed before he was accused
arrested or summoned for questioning, or if it can not prosecute or sentence
was pleased for other legal reasons;
G) if the requested person was prosecuted in the requested State for the same offense
offense, or if there were criminal proceedings suspended, or for the same offense
Condemning the verdict or acquittal, unless the laws of this state admitted
renewal of criminal proceedings due to new circumstances
.
Article 4.
Request for extradition.
Request for extradition is administered on the way diplomacy.
The application must be connected to either the indictment, an arrest warrant or other judicial
charter equivalent, or a conviction
versus required person. These documents must be accompanied
an original or certified copies and must presents briefly the offense
his qualifications and naming, and must join them
text of the criminal law in force in the State requesting to be utilized on offense
and indicative of the punishment that can be imposed. Where possible, let him be connected
required description of the person as well as a photograph or other data which may
Contribute to establish his identity.
If it is about property crimes, he is able to bring the amount of damage actually caused
or, if possible, the perpetrator intended.
Article 5.
Charter mentioned in the previous article is sepsati in the language of the state
(oficielním) State of the applicant, in the form prescribed by its laws and
procure official seal. Is to join them translated into the state
(official communication) in the language of the requested State, or certified either
sworn translator, which bear his signature and his seal, or official interpreter
requesting party.
Article 6.
Additional clarification.
Will come when doubts whether the offense for which extradition is beyond
requested falls under the provisions of this Convention, the requesting State
asked for clarification, and the release will be permitted only in the case if they are administered | || clarification such as to remove these doubts.
In no case can store the requesting State to submit
proof of guilt required person.
Requested State may in each case specifying a deadline to
submission of additional clarification; This period may, however, be on a reasoned request
extended.
Article 7.
Measures to ensure the release.
Once the request for extradition with annexes mentioned in Articles 4 and
fifth, the requested State shall arrange everything they need to secure the required
person and prevent her escape, but would release appeared to
beginning immediately with intolerable.
Article 8.
Provisional arrest.
In necessary cases may be required by the person provisionally arrested
even before submitting an application for her extradition on the basis
any notification sent by mail or telegram, provided
that contains a notice of a judicial warrant or judgment and that it is currently listed
offense. Such notification may be sent directly
court or competent authority of the state requesting competent authority of the Requested State
. The requesting authority must nevertheless acknowledge the telegraph
notice of eight days.
The competent authorities of both Parties can without such notice
forcing the provisionally each person who was tracked down in their territory
and is reported by the other Party or blocked as police chase
in their respective police or sheets Indexes.
Office, which proceeded in the preceding paragraphs to the arrest of some
person, it shall inform without delay the Authority, who asked for the arrest, and grasses
same place where the arrested person is in custody.
Failure by the authorities of the other Party within fifteen days after that, when the
notification under the above provisions sent, they will ask for extradition
arrested persons, may be the person released.
Article 9.
The arrested person may also be released if there is no request for extradition with
documents referred to in Articles 4 and 5 within six weeks from the date when the
sent a report on the arrest, of which it is the third paragraph
previous article.
The arrested person may also be released, if requested for additional clarification under Article
. 6 and unless these clarifications requested State
within a reasonable period stipulated or extended.
Article 10.
Concurrence of requests for extradition.
Asks if the next Party for the extradition of the same person or yet another
several other states may be requested state issued either state whose
is a national or State on whose territory the crime was committed.
Unless the state, which is required of a person, between states for
requesting her release, the state requested Sending messages later said
States of requests received from other countries, during which he will determine deadline
fifteen days to declare whether it intends to award also for her release.
Paragraph. Article 1 of the 9th is also true of his request for release.
Otherwise be required by the person issued the State in whose territory the hardest
committed a criminal offense and, if it is about as difficult actions, the State
request for extradition came first.
The commitments offered by one of the Contracting States to be married previously to other countries
remain unaffected by these provisions.
Article 11.
When will the release be postponed.
If the person claimed has been prosecuted or convicted if the State
requested for a different offense than the one that is the basis for the request
release, or if there in custody for other reasons, may be
postponed its release until the procedure is completed or the sentence served or pardoned
or bond for other reasons ended.
This delay is not a defect that was not immediately on the issue decided
except that there were specific reasons for which it is immediately Sending messages requesting
state.
Article 12.
Temporary release required person.
If, however, delay release mentioned in the previous article shall have
could under the laws of the requesting State in the wake of either the statute of limitations, or other serious
harmful effect for the prosecution, may authorize the temporary release required
person unless against this particular objection and under the condition that issued
will be returned as soon as the requesting State finished the acts of management for
than the person was temporarily requested.
Article 13.
The issue of when is performed.
It is given permission, is requiring state shall obtain as soon as possible
permits for transit and assume the person required
within three months from the day when he learned that the permit was issued. After this time limit may be
person of whom it is, released.
Article 14.
Range edition.
Extradited person may prosecute or punish in the state, which was issued
or issue it also third State for an offense other than that for which it was issued
and that if it was committed in front of him, only:
A) the consent of the State surrender.
This consent can not be refused if the Convention applies to extradition for such criminal offense
. State which authorized the issuance, may require that such consent was sought
in the form prescribed for applications for issuing the documents referred to in Articles
4th and 5th State to which the consent was given, it shall notify the other State || | final outcome of the criminal proceedings and submit a copy of the decision;
B) if the extradited person, although it had the option to leave
week after his final release of the national territory, which has been issued or returned
If there later.
Article 15.
Transit.
Case of extradition between either Contracting Party and State
third, the other party shall allow the transit based on mere submission
original or a certified copy of any of the documents referred to in Article 4.
Provisions authorizing the extradition apply also to this transit.
Transit operations will be carried authorities requested Party manner and direction that
determined.
Title II.
Article 16.
Legal Assistance in Criminal Matters.
Contracting Parties shall provide each other with legal assistance in criminal matters.
Particular, can deliver the files relating to criminal proceedings persons who
are found on their territory, they perform tasks of investigation, as
examination of witnesses, expert opinions, judicial inspection, search and seizure
things and will a předávati each other court records and things exhibit.
Convictions, as well as summonses for questioning persons as accused, will be issued
than the courts of a Contracting Party against members
others, but will not be delivered to such persons.
Also not subjected to interrogation as an accused member of one Contracting Party at the request
other.
Letters rogatory is sepsati in the language of the state (oficielním)
requesting State, the requesting authority procure seals and předati directly
State Ministry of Justice requested the Ministry of State
requesting or, in the case of criminal proceedings military, supreme
Administration of military justice. Article. 5 of the translations refer
also at the request and its annexes.
Letters rogatory for legal assistance in criminal matters will be handled according to the laws
State on whose territory is to be desired TAKEN.
Protocols that are not translated into the state (official communication) language of the requesting State.
Legal Assistance in Criminal Matters can be provided within the limits of the law
each of the two states, and even in that case, unless, according to the provisions of this Convention
obligation to release.
Article 17.
Subpoenaed and demonstration persons from the territory of the other Contracting State.
Where, in the criminal case, which is pending before the courts of one
Party, necessary or desirable to witness or expert from the other Contracting State
personally attend, will provide him with the authorities of that State
subpoena that for this purpose he will be sent.
Expenses associated with the personal attendance of a witness or expert
borne by the requesting State; the subpoena is to bring this amount to be a witness or expert
paid to cover the costs of the trip and stay, as well as the amount of the deposit, which
requested State may pay him compensation against the state requesting
.
Witness or expert, whatever belongs anywhere, residing in the territory of one Party
who wast other party invited voluntarily to attend
before the courts, there must be prosecuted or arrested for criminal history
actions or pretext to intervene in acts that are the subject
criminal proceedings in which he is acting.
These persons will lose this advantage, however, if, although it should
option, left the territory of the requesting State within a week from the time when
their presence before the court was no longer needed.
If the subpoenaed person in custody in the territory of the requested State may be requested
for her presentation with a commitment that there will be refunded as soon as possible.
This request will be refused only for compelling reasons, especially
if subpoenaed the prisoner expressly inconsistent.
Under the conditions mentioned above will also be allowed to transit back and forth
territory of one contracting party of the person who is in custody in the territory of a third State
considered if the Party considers necessary to be built in face | || face with the person prosecuted or heard as a witness.
Article 18.
Issue tangible evidence things.
Authorities of both Contracting Parties shall issue to each other on request things which
accused took offense, or which may serve as Exhibit
things, and even if subject these things to seizure or forfeiture.
When these things in the possession of the accused at the time of his extradition or transit
will be issued, if possible, simultaneously with its release or transit. To
their release will occur even if the extradition already authorized can be done
for death or escape of the accused. The edition will also apply in
all things of the same kind that perhaps the accused hid or
imposed in the state that the surrender, and that would be only later
researched.
Rights of third parties to these things, however, remain unaffected; In this case
necessary to return these things to the requested State as soon as possible after completion
criminal proceedings without costs.
State in which is requested issuance of these things can make it far
detain considers to be necessary for the criminal proceedings. It may also reserve
things when issuing their return for the same purpose with a commitment
being alone sends back as soon as possible.
Article 19.
Communication convictions and extracts from criminal records.
The Parties will communicate to each other quarterly rightful
convictions or abstracts of all lawful judgments, including both the
It also conditional sentences handed down by the courts against members
other side, if they are registered under applicable law to
their criminal and court records.
They will also communicate to subsequent decisions relating to
these convictions and are registered in the criminal and judicial records.
Authorities of each contracting party, was authorized by the criminal or judicial
registers will render to the authorities of the other parties at their request, free of charge
report on specific cases of criminal or judicial
registers.
The above reports will be exchanged directly between the circumstances
Department of Justice or the Ministry of Defence in Prague
One and the ministry of grace and justice in the Madrid side.
Article 20.
Costs of legal assistance in criminal matters.
Expenses caused by requests for extradition or other legal assistance in criminal matters
, bear Party in whose territory they are incurred.
Authorities requested Party shall notify the requesting party, however, the amount of such expenses,
so that they can be replaced by a person required to do so.
Exception is fees and expenses for expert opinions of any kind as well as expenses incurred
obesláním or presentation of persons who are in custody
to the requested State, and the cost of transit.
All these costs shall be borne by the requesting state.
Requesting State will also pay the costs of temporary release and
reimbursement referred to in Article 12. Of this Convention.
Title III.
Article 21.
Final provisions.
This Convention shall be ratified and instruments of ratification shall be exchanged as soon as possible
in Prague.
Shall come into force one month after the exchange of ratifications and
remain in force unless either Party notifies
six months in advance of its intention to denounce the Convention.
FAITH WHEREOF signed this Convention and thereto affixed their seals
.
Done in duplicate in Madrid on 26 November 1927.
LS Dr. Emil Spira vr
LS Dr. Karel Halfar vr
LS Vicente González-Arnao vr
LS Juan Gomez Montejo vr
After examining this convention, we approve and confirm it.
In faith whereof we have signed this letter and to him the seal of the Czechoslovak Republic
gave pressed.
In Topolčianky 21 September thousand nine hundred and twenty years
ninth.
President of the Czechoslovak Republic:
TG Masaryk vr
LS
Foreign Minister:
Dr. Edvard Benes vr
Declares is that the instruments of ratification were exchanged in Prague on
14th in May 1930 and became an international convention efficiency pursuant to Art. 21 per
month after the exchange of instruments of ratification.
Dr. Benes vr
