79/1928 Sb.
Convention
on extradition and legal assistance in criminal matters, concluded between the
the Czechoslovak Republic and the Kingdom of the Belgian.
The name of the Czechoslovak Republic
The name of the Czechoslovak Republic
and
the Kingdom of Belgium
This Convention was agreed upon:
Convention
on extradition and legal assistance in criminal matters, concluded between the
the Czechoslovak Republic and the Kingdom of the Belgian
The President of the Czechoslovak Republic and his Majesty the King of the Belgians,
Desiring upraviti the legal relations between the two countries with regard to the
issue and service of criminals, as well as legal assistance in criminal matters,
they decided to agree to the purpose of the Convention and name a few agents:
The President Of The Czechoslovak Republic:
Mr. Emil Spiru,
Trade Manager in the Ministry of Justice,
Mr. Karel Halfara,
Manager of the Department of international treaties in the Ministry of foreign
things,
His Majesty the King of the Belgians:
Mr. Maurice Costermansa,
officer of the order of Leopold, Director General in the Ministry of
Foreign Affairs,
Mr. Emil Meyersa,
officer of the order of Leopold, Director General in the Ministry of
Justice,
who, vyměnivše your power of Attorney, which were found in good and due
the form, have agreed on the following provisions:
TITLE I.
Article 1.
The extradition of criminals.
The Contracting Parties undertake that, in the circumstances and the conditions laid down
This Convention shall be issued to each person, which are on the territory of one of the
them and are prosecuted, or have been convicted by the courts of the other party for
any offence, as calculated below (article 2), which can be
povoliti release according to the laws of the requested party if the offence
under the laws of both States either a crime or tort.
The issue also will be allowed for the trial of criminal offences referred to in this
Convention or for complicity, if they are trestny according to the legislation of both
of the Contracting Parties.
Article. 2.
For which crimes can be povoliti issue.
The release can be povoliti for these crimes and offenses:
1. murder, poisoning, murder of parents, child murder, intentional killing without
balance sheet;
2. bodily harm or injury to the přivoděné, either in advance of the wickedly
rozváženém intention, either to result in illness, probably nezhojitelnou
permanent incapacity to personal work, loss of use of neobmezeného
one authority, hard or death, but without the intention of her
způsobiti;
3. the deliberate and caused the submission of funding, eligible přivoditi death
or really uškoditi on health, but without the intention of usmrtiti;
4. expulsion of the fetus;
5. violent fornication; violent acts naughty; naughty negotiations without
her threats of violence on the person of the minor of this or that sex under 16 years
or with the help of such a person; naughty negotiations without violence threats on her
the person of the minor of this or that sex and over 16 years old, but nenabyvší
the marriage with the help of mom or such a person, if it was committed
person related in ascending line; naughty negotiations vzbuzováním,
facilitating or promoting the moral destruction, disruption or prostitution
the person of the minor of this or that sex for satisfaction lustful passion
the person of another; seduction or encourage women or the adult girls for the purpose of
depravity, if the offence was committed by force, threats, trickery or,
abuse of authority or other means of coercion, if the intention of
ukojiti lustful passions of the person; the detention of a person against her will in the House
for business smilnou or coercion of the person of the adult to the smilnému negotiations;
6. dvojženství;
7. the abduction of minors;
8. abduction, concealing the child, concealment of his civil status, confusion or
spoof of the child;
9. the postponement or abandonment of the child;
10. organisation of criminals;
11. theft, extortion, fraud, embezzlement;
12. the threat of violence against a person or property, if the penalty on them
death, penal servitude, or heavy;
13. proposals or encourage crime or for sympathy on him; the adoption of the
such proposals or induce;
14. violence committed by private persons against personal freedom or against
the inviolability of the House;
15. anti-counterfeiting and forgery here čítajíc coins, issuing and
the placing in circulation of counterfeit or falsified euro coins, as well as fraud
the choice of samples to verify the values and weights of coins;
16. counterfeiting or falsification of public credit documents or banknotes,
the titres of public or private; the issue or circulation of such
forged or falsified credit instruments, banknotes or titres;
falsification of documents or wire traps and the use of such
counterfeit, produced or falsified credit instruments or traps
titres;
17. counterfeiting or falsifying seals, stamps, tags, stamps, tickets for
the transport of persons or goods, postage stamps and other similar stamps;
the use of these counterfeit or adulterated things; incorrect use of
true seals, stamps, signs and marks; malicious or fraudulent use of the
the name původcova or the tags used by him to describe his creation on the
the work of art, literature or music; the sale of these things, the exposure
for sale, possession of on-hand inventory and importing them for sale;
18. perjury and false seznání experts or interpreters;
the seduction of witnesses, experts or interpreters to perjury;
19. for perjury;
20. for abuse of power, embezzlement, official of zištnosti committed
the public officer; taking bribes by public officials and bribery of them;
21. fraudulent bankruptcy and fraud committed in the insolvency proceedings;
22. malicious interference operation of railways by folding any of things,
disorder of the tracks or handouts, removing bolts or couplings or
the use of any other resource that is with this přivoditi
stop the train or its derailment;
23. arson;
24. the destruction of structures, or wire-House,
the destruction or violation of tombstones, monuments, works of art, public or
private titres; destruction or damage of goods or
a threat, malicious or fraudulent destruction of or damage to the goods or things
used to manufacture;
25. the destruction of or damage to the crop, plants, trees or grafts;
26. the destruction of agricultural tools of destruction or poisoning of cattle or
other animals;
27. resistance against the holding of the public work;
28. the abandonment of the ship or vessel commercial or fishing captain
with the exception of the cases provided for by the law of both States;
29. for the wreck, the loss, the destruction of whatever the captain, officers, whether
the ship's crew, the ship or craft business embezzlement or fishing
the captain; the overthrow or destruction of cargo either around either part, food
or articles on board outside of emergencies; for an incorrect path,
gratuitous lease on ship equipment, inventory or shipping, or stop
or sale of goods or food or putting in fake accounts
disorders or expenditure; sale of ship without a special power of Attorney, except in case of
unfitness for navigation; the theft of the ship; deterioration of the goods or food on the
the average ship caused by harmful substances; attacks or violent resistance
or violence against the captain committed more than a third of the team;
the refusal of obedience to the orders of the ship's captain or officer on
the rescue of the ship or cargo, if harm to the body
or injuries; conspiracy against the security, freedom or power
the captain's; seizure of the ship or passengers or sailors tricked
violence against the captain;
30. hiding things originating from a crime or tort
referred to in this Convention;
31. trade in slaves.
Article 3.
Nevydávání of own nationals.
The Contracting Parties will not vydávati their own nationals.
Article 4.
For that crime cannot be povoliti issue.
The issue will not be permitted:
1. If the crime or an offence committed on the territory of the requested State, or
If, under the legislation of the requested State prosecution for them right
its own courts or if the offence was committed outside the territory of the
the legislation of the requesting State and the requested State does not allow prosecution
such offences committed outside its territory;
2. If at the time when the issue could be carried out, the criminalization of the Act
or punishment barred under the legislation of one of the Contracting Parties;
3. If required by the person prosecuted in the requested State for the same offence
or if there has been criminal proceedings for the offence against her stopped, or
judgment convicting or liberating;
4. in the case of a crime or misdemeanor political or criminal offence with a
Act continuous.
The requested State is itself called rozhodovati about it, whether it is a criminal offence
of this nature.
For an offence of a political offence or an offence with a continuous
will not be seen as an attack against the head of State or members of her family,
This attack is offence whether the murder of either killing or
poisoning.
Article 5.
The request for extradition.
The application for release must administer it in the way of diplomatic.
Is it připojiti a warrant or any other deed Court equivalent Department
built or factors against the person required.
These instruments should be připojiti either in the originals or authentic
copies; will beheld in them a concise summary of the crime, which
is blamed, his qualifications and the naming and připojiti to them
the text of the Penal Code state that the extradition requests, which will use the
offence and penalty which lists saved him.
According to options is připojiti a description of the requested person, her utter or
other documents, which may serve to determine her identity.
In the case of offences against property, is there and the amount of damages, which was
really caused or, if possible, the amount of damages that the offender
způsobiti intended.
6.
Additional clarification.
Emerge-if in doubt as to whether the offence for which it is requested for the release,
falls under the provisions of this Convention, the requesting State will be asked to
the clarification and the issue will be allowed only if they brought clarification with
It odstraniti these doubts.
The requested State may in any event, the plays, the deadline for the submission
additional clarification; on reasoned request, the deadline will be explained
prodloužiti.
Article 7.
The request for the issue of different States.
In the case of several requests for extradition, the requested State shall decide přihlížeje
primarily to the nationality of the requested person, to the point where he was
offence has been committed, then to be charged and finally to the application in order
issue.
If it is not among the States that are asking for a release, a State whose national
is this person, the requested State may, on the issue of credit him with knowledge of the
applications for the issue received from other States, and plays him a time limit of 15 days
for communication, whether it intends to also požádati about her release.
These provisions shall not affect the obligations, which one of the Contracting States to
married previously to other States.
Article 8.
Measures to ensure the release.
When the request for release, with the documents referred to in the article. 5,
the requested State will arrange everything you need to ensure that the person
required and to prevent its escape, but that was already in advance
that issue will be povoliti.
Article 9.
Provisional arrest.
In the cases required will be the provisional arrest of the company if
made directly by mail or telegram message, that there is any of the
the documents referred to in article 5. The report, however, must be to a telegraphic
eight days confirmed the applicant authority.
Equivalent to these reports will be seen as the decree in the police
sheet of one of the two States, where the mention of the existence of the Decree
any of the documents referred to in article 5. and if the authorities of the requested
the State informed that in the case of the apprehension of the person sought will be prosecuted for her
issue.
Provisional arrest shall be made in the manner and according to the policy, which provides for the
the legislation of the requested State.
The Office, which arranged for the arrest of the person in accordance with this article, it shall inform the
about the Office without delay, which he gave to him the complaint and shall communicate to him at the same time
instead of ties.
Article 10.
The final arrest.
The arrest becomes final: in Belgium, where the aliens within three weeks after the
his provisional arrest shall be communicated to one of the documents referred to in article
5; in Czechoslovakia, came to within the Government of this State on the way
the request for the issue of diplomatic with one of these documents.
Then if this condition is not met, the alien will be released in Belgium on the
freedom; in Czechoslovakia with him will be loaded according to the legislation
of this State.
Article 11.
The postponement of the issue.
If it is required by the person being prosecuted in the requested State or if there
sentenced for a different offense than the one that gave rise to the request for
the issue, or if there is other reasons in custody, will be odložiti
its release until the time when the proceedings ended, when to serve your
punishment or when she will be pardoned or penalty when its binding
imposed on her for another reason.
On the request for the issue will be decided without delay, but would be special
the reasons that prevented; the reasons you need to immediately been able to state that the
release asked.
Article 12.
The deadline for the execution of the release.
If the requesting State within three months from the date when he was informed that he
the issue has been enabled, know that the territory of transit States should be
executed, the transit permit, the person will be, which is the soul, released
freedom, without it can be zatknouti again for the same offence.
Article 13.
The extension of the effects of the release.
The person will be issued can be stíhati or potrestati for a different offense than
for that which had given impetus to the issue, committed before the release:
and the request itself) about to be prosecuted or taken to the punishment. In
this case is about the application of its sepsati Protocol, signed after
If its an advocate; This Protocol is been able government that
the person has released;
(b)) if consent State which authorised the release. This permission can be
odepříti, this Convention provides for the obligation to release for this other
the offense. The State which issued the criminals, can take to ensure that its
permission was requested in the form specified for the request for the release of the documents
referred to in article 5. State to which this permission has been given, shall notify the
the other State, the final result of the criminal proceedings and send him a copy of the
the decision;
(c)) if the person released, though, so do not leave within one
months after its final release on the freedom of the territory of the State, which was
released, or if it will return there later.
The next edition of the third State shall be governed by the same rules.
Article 14.
The transit.
The transit of a person who is not a national of a State, the territory of the průvozního
the Contracting States will be allowed, if it is presented either in the original or in the
an authentic copy of any of the documents referred to in article 5.
The provisions on the authorisation also applies to the transit issue.
The transit will be carried out by the authorities of the requested State under the conditions and the direction,
This State shall designate.
THE HEAD OF THE II.
Legal assistance in criminal matters.
Article 15.
The Contracting Parties shall provide each other with legal assistance in the criminal proceedings.
In particular, the doručiti can be the instrument of criminal proceedings to persons who are on the
their territory, carry out investigative tasks, such as the hearing of witnesses and experts,
the judicial inspection, inspection and seizure of goods and granting each other's Court
writings and evidence.
The request for legal aid will be granted in accordance with the laws of the State in whose
the territory has to be carried out the requested investigative action. The reports on this
written will not be accompanied by a translation in the language of the requesting start-up
State.
All communication on the legal assistance shall be exchanged directly between the Belgian
the Ministry of Justice, the parties and between the Czechoslovak
the Ministry of Justice or by the circumstances between the Czechoslovak
the Ministry of national defense to the other party.
Legal assistance in criminal matters will be within the limits laid down by the
law of each State to offer, even in those cases where the
the provisions of this Convention, it would not have the obligation to release.
Article 16.
Collecting and the appearance of witnesses and experts.
If in criminal proceedings before the courts of one of the Contracting States shall be
considered necessary or desirable in order to personally appear a witness or
the expert, who is on the territory of the other Contracting State shall be forwarded to him by the authorities
This state of the collecting, which will be sent to target him.
The costs of personal appearance, the witness or expert to borne by the State
the applicant will be notified and the amount that will be beheld witnesses or
replaced as experts of the path and stay, as well as the amount you
the requested State may offer advance subject to refund the applicant
State.
No witness or expert, whatever is in any national of that
is in the territory of one of the Contracting Parties and that it will be sent for a second
voluntarily appear before the courts, shall not be prosecuted or there
imprisoned for earlier crimes or under the pretext of complicity in the
offences that are the subject of proceedings in which it came.
The benefits that these persons, however, cease to be, to leave the territory of the requesting
the State, though it might do, within three days from the time when their
the presence of prior judicial authorities was no longer needed.
Article 17.
Connection with the issue of things.
If enabled, the release will be things coming out of the offence, or
evidence, which will be at the arrest of the persons found to be in its
possession, or which they later found, within the limits of law
of the requested State to the requesting State seized and passed.
This transfer will be possible even if you can not produce such a release for escape or
the death of the person.
The rights covered by the requested State or third persons to these things probably were acquired,
However, it shall remain unaffected; things you should be returned to them after the event, and it
free of charge after the end of the criminal proceedings.
The State, which will be asked about the release of these things, for now
zadržeti, if it is necessary for criminal proceedings. Also can you
vyhraditi when they are released, that he will be returned to the objectives of the
a commitment that is then again returns as soon as possible.
TITLE III.
Article 18.
Disclosure of convictions and extracts from criminal records.
The Contracting Parties will be each other's sdělovati lifts all of the quarterly
pravoplatných convictions, and conditional, handed down its
courts against nationals of the other party.
Also sdělovati each other's decisions and measures later
related to these judgments.
The offices of one of the contracting parties responsible for the criminal record
or judicial records, to the authorities of the other party on request free of charge
the information from the criminal register, or from the judicial records of individual
cases.
This communication set out the loose directly between the Belgian Ministry of
the Justice party one, and either the Czechoslovak Ministry of
of Justice or by the Czechoslovak Ministry of national case
the defense of the other party.
TITLE IV.
The provisions of the General.
Article 19.
Which language is to use the.
Documents that need to be připojiti to the application for release under article 5. This
The Convention, as well as the annex to the request for transit under article. 14. request for,
legal aid in accordance with article 15. and the information from the criminal register, or
from the judicial records of individual cases referred to in article 18,
is sepsati in the language of the start-up of the requesting State, in the form prescribed by the
However, its laws and official seal.
The requested State shall zůstavuje to enlist their translation into your
the language of the oficielního, if necessary.
Article 20.
The costs of legal assistance in criminal matters.
Costs associated with the application for the issue or any other legal use
in all the criminal burden the party in whose territory they arose.
Charged to the requesting State as insurance of any kind and costs
the transit.
THE HEAD IN.
The provisions of the final.
Article 21.
This Convention does not apply to the colony of the Congo.
Article 22.
This Convention, drawn up for the Czechoslovak language and French, both of which
the text of the original are the same, shall be ratified and the instruments of ratification
in Prague will be replaced as soon as possible.
Shall take effect one month after the exchange of instruments of ratification.
Will remain in force for six months from the date on which one of the Contracting Parties
declares that he wishes to make its effects have ceased.
The conscience of this Convention was signed by agents and getting it to its
pečeťmi.
Done in duplicate at Brussels on 19 March. July 1927.
(L. S.) Dr. Emil Spira in r.
(L. S.) Dr. Charles F H in r.
(L. S.) Maurice Costermans in r.
(L. S.) Emile Meyers in r.
Prozkoumavše this Convention endorsement and we confirm it.
The conscience we have signed this sheet and the seal of the Republic of
The Czechoslovak přitisknouti.
The castle of Prague, 28 April. February devítistého the twentieth one thousand years
on the eighth day.
The President of the Czechoslovak Republic:
T. g. Masaryk in r.
L. S.
Minister of Foreign Affairs:
Dr. Edvard Beneš in r.
Is that the instruments of ratification were exchanged on 23 June. April
in 1928, and the Convention shall take effect in accordance with article 22. a month after the exchange of
the ratification.
Dr. Edvard Beneš in r.
