The Treaty Between The Czech Republic And The Slovak Republic On The Rights. Help Provide. Judicial Authorities

Original Language Title: o Smlouvě mezi ČR a SR o práv. pomoci poskyt. justičními orgány

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=41092&nr=209~2F1993~20Sb.&ft=txt

208/1993 Coll.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Change: 65/2014 Coll.



Ministry of Foreign Affairs says that the 29 April. October 1992 was in

Prague signed an agreement between the Czech Republic and the Slovak Republic

on legal aid provided by judicial bodies and on certain

legal relations in civil and criminal matters.



With the Treaty agreed Czech National Council and the President of the Government of the Czech

the Republic of it on behalf of the President of the Republic has ratified.



The contract on the basis of article 32 was provisionally applied from 1.

January 1993 and entered into force on 5 February 2000. April 1993.



The Czech version of the Treaty shall be designated at the same time.



CONTRACT



between the Czech Republic and the Slovak Republic on legal aid

provided by judicial authorities and for the adaptation of certain legal relations in

Civil and criminal matters



Czech Republic and Slovak Republic



Desiring to consolidate as much as possible and generally developed friendly

relationships, improve the legal relations and to provide effective protection of the rights and

the legitimate interests of the citizens in both sovereign States,



in an effort to facilitate the provision of legal assistance between the two countries and edit

mutual legal relations in civil and criminal matters,



navazujíce on common traditions of Czechoslovak statehood



starting from the obligations arising for both countries from the international

the contracts, which was bound by the Czech and Slovak Federal Republic in the

the legal field,



have decided to conclude this agreement:



PART THE FIRST



General provisions



Article 1



The legal protection of



(1) nationals of a Contracting Party shall enjoy in the territory of the other Contracting

by the same legal protection in personal and property matters as

nationals of the other party.



(2) the nationals of one Contracting Party shall have the right to apply freely and

without obstacles to the authorities of the other party engaged in civil and

criminal matters, appear before them to make requests and suggestions and

to carry out other procedural steps taken under the same conditions as nationals

the other Contracting Party.



(3) the provisions of this agreement regarding State citizens of the Contracting Parties,

apply mutatis mutandis to the legal entities established under the laws of

one of the Contracting Parties which have their registered office on the territory of some of

of the Contracting Parties.



Article 2



Definition of terms



(1) for the purposes of this agreement, the term "civil matters" refers to things that

discuss and make decisions by the courts of the Contracting Parties in the civil

control.



(2) for the purposes of this agreement, the term "judicial authority" means each State

authority of a Contracting Party competent to hear matters governed by

This agreement.



(3) for the purposes of this agreement are the central judicial authorities in the Czech

Republic Ministry of Justice and the Supreme Public Prosecutor's Office and

in the Slovak Republic Ministry of Justice and the General

the Prosecutor's Office.



Article 3



The language of the



The application and other documents to be sent or submitted in the application of

This agreement is not to be translated.



Article 4



The validity of documents



(1) of the Charter, which have been issued or validated by one party and

bearing's official stamp and signature of the authorized

the official persons are valid and effective on the territory of the other contracting party without

further validation. The same applies to copies and translations of documents that have been

verified.



(2) of the Charter, which is in the territory of one Contracting Party, be considered as

the public, they have a lot of evidence of public documents also in the territory of the other Contracting

party.



Article 5



Protection of witnesses and experts



(1) a witness or expert who is on the basis of a summons arrives before

the requesting authority of the other Contracting Party, shall not be regardless of their

citizenship prosecuted for the offence to which the request relates, or for

another act that was committed before crossing the State border of the requesting

the Contracting Parties, and it is not possible to execute the sentence imposed on him for such a

a criminal offence.



(2) the protection referred to in paragraph 1, the witness or expert is lost when

do not leave the territory of the requesting contracting party, within 7 days after that, when he

the applicant authority shall be notified that his presence is no longer required. Into this

the time limit does not include the period during which the witness or expert could not leave

the territory of the requesting contracting party without his fault.



(3) a witness or expert is entitled to reimbursement of expenses for travel and subsistence,

as well as the costs of witnesses or experts. The summons shall indicate what compensation

a witness or expert, and at his request, he will provide backup to

to pay the costs.



(4) if the witness to be summoned, in custody or in the performance of

a sentence in the territory of the requested Contracting Party shall transmit to the

the requesting contracting party to carry out the interrogation, with the agreement of, and

on condition that the requesting Contracting Party shall send it back within the time limit,

the requested Contracting Party shall lay down.



Article 6



The scope of legal aid



The Contracting Parties to provide legal aid to the performance of individual operations,

in particular, writing, sending and delivery of documents, implementation

disassembling and inspection, by factual evidence the discovery addresses

obtaining expert opinions, hearing participants, the accused, witnesses,

experts and other people.



Article 7



Legal information



The central judicial authorities of the Contracting Parties, on request, provide

information on their legislation, as well as information about their

legal practice and on other legal issues.



PART TWO



Legal aid in civil matters



Article 8



Adjustment range



Contracting Parties to the legal assistance in civil matters shall be carried out in the range, under the

the conditions and in the manner specified in the relevant multilateral conventions

The Hague Conference on private international law, if not to their

the Tween span in the first and second parts of this contract provides otherwise.



Article 9



Service of documents



(1) the Contracting Parties shall, in the service of documents in civil

cases under the Hague Convention on the service of judicial and extrajudicial

of documents abroad in civil and commercial matters of 15. November

1965.



(2) the judicial authorities of the Contracting Parties when serving documents according to the

The Convention referred to in paragraph 1 between each other directly.



(3) the documents to be served on addressees residing on

the territory of the other Contracting Party, it is possible to send mail directly by

provisions applicable to a mail contact.



(4) the Contracting Parties shall not claim compensation for any costs for the actions of

made in connection with the service of documents.



(5) if the requested judicial authority is not competent to discharge the

request, shall send a request to the competent judicial authority, and shall inform the

the requesting judicial authority.



(6) if it is not known the exact address of the person referred to in the request, it performs

the requested judicial authority of the measures needed for its findings. If it is not

find the address, it shall inform the requesting judicial authority and at the same time

the request returns.



Article 10



The taking of evidence



(1) the Contracting Parties shall, in the taking of evidence, or other

procedural acts pursuant to the Hague Convention on the taking of evidence abroad in

Civil and commercial matters. March 1970.



(2) the judicial authorities of the Contracting Parties in the implementation of the evidence or other

procedural acts pursuant to the Convention referred to in paragraph 1 between each other

directly.



(3) to facilitate the implementation of the Convention referred to in paragraph 1 the central judicial

authorities agree that the specimen will be the judicial authorities of the Contracting

the parties to apply to requests for the taking of evidence and other procedural acts.



(4) the Contracting Parties shall not claim compensation for the costs of the implementation of

of evidence or other procedural acts, with the exception of the expert's report and other

expenses incurred in connection with the implementation of expert evidence.



Article 11



Exemption from advance on costs



Nationals of one Contracting Party who act before the courts of other

the Contracting Parties shall, if they are domiciled or resident in the territory of one of the

of the parties, the security deposit cannot be saved on the costs of the proceedings only from

because they are foreigners or on the territory of the other Contracting Party

do not have a domicile or residence.



Exemption from fees



Article 12



(1) nationals of a contracting party grants, on the territory of the other

Contracting Party exemption from court fees and other benefits related to

fees under the same conditions as their own nationals. This is

also relates to the exemption from payment of cash expenses of the appointed

Representative and paying rewards for representation.



(2) the exemption referred to in paragraph 1 shall also apply to the procedure for the performance of

decision.



Article 13



(1) the exemption provided for in article 12 of this Agreement shall be provided on the basis of the

certificate of personal, family and financial circumstances of the applicant. This

the certificate issued by the competent authority of the Contracting Party in whose territory the

the applicant is domiciled or resident.



(2) if the applicant does not have a domicile or residence in the territory of any of the Contracting

Party may issue a certificate, the diplomatic mission or consular post

the Contracting Parties, of which he is a citizen.



(3) the authority which decides on requests for exemption from the authority,

which issued the certificate request data or necessary explanations.



Article 14



(1) If a citizen of a Contracting Party makes a request for


the exemption provided for in article 12 of this agreement before the competent authority of the other

the Contracting Parties, may do so by the competent authority of the place of

their residence or stay. That authority shall forward the application along with the

a certificate issued pursuant to article 12 of this contract to the competent authority of the

the other Contracting Party.



(2) an application for exemption under article 12 of this agreement may be made

at the same time with the application to open proceedings, for which the exemption is sought.



Article 15



The exemption provided for in article 12 of this agreement, granted by the competent authority

one Contracting Party, shall apply to all the procedural steps that

does this control authority of the other Contracting Party.



Article 16



The survey addresses and other data



(1) the judicial authorities of the Contracting Parties, on request, provide assistance in

the survey addresses people staying on their territory, if it is

necessary for the exercise of the rights of their citizens to the State.



(2) if the judicial authority of one contracting party claim

to maintenance against a person who is staying in the territory of the other Contracting Party,

the judicial authority of that Contracting Party at the request of assistance, even when

the discovery of the employer of that person and the amount of its income.



Article 17



The sending of civil status documents relating



Registry offices of one Contracting Party shall forward to the judicial authorities of the other

the Contracting Parties shall, without charge, an instrument of personal status and extracts from registers,

as well as the documents concerning civil status and capacity of persons, if

These documents are required for the need for legal proceedings.



Article 18



The release of things and money transfer



(1) release, export or transfer of goods, means of payment, or

claims under the provisions of this Agreement shall be made in accordance with the rule of law

the requested Contracting Party.



(2) the original files and documents and other things that have been in the context of the request

committed, will be returned to the requested Party as soon as

possible, with the exception of cases when the requested Contracting Party refund gives up.



Article 19



Obstacles to proceedings initiated and things decided



If the proceedings in the same case involving the same parties before

judicial authorities of both Contracting Parties, the judicial authority, which has been

later, the proceedings are brought to a stop. Similarly, this is true about the things

has been finally decided.



PART THREE



Recognition and enforcement of judgments



Article 20



Recognition and enforcement of decisions in matters of non-material nature



(1) Final and enforceable decision of non-material nature in civil

matters, issued by the judicial authorities of one Contracting Party, with the exception of

the decisions referred to in article 21 of this agreement, shall be recognised and enforced

on the territory of the other Contracting Party, without further proceedings, if:



and) the judicial authorities of the other Contracting Party have not issued before a final

decision or not uphold or act on a decision of a third State in

same cause of action and between the same parties,



(b)) to control has not been given the exclusive competence of the authorities of the Contracting Party

the territory of which recognition is sought.



(2) the performance of such a decision shall apply mutatis mutandis the provisions of article 23 of the

(a). and) and c), and article 24 of the Treaty on the enforcement of judgments in

property matters.



Article 21



Recognition of a decision about marriage



Final decisions about marriage one of the Contracting Parties

recognized on the territory of the other Contracting Party in accordance with the Hague Convention on the

recognition of divorces and separations of cancellation 1. June 1970.



Article 22



Recognition and enforcement of decisions in matters of property



The Contracting Parties, with the exception of the decisions referred to in article 25 of this

Treaty, be recognised and enforced on its territory under the conditions laid down in

This agreement this decision issued on the territory of the other Contracting Party:



and the nature of the decisions of courts of equity) in civil matters, as well as

Court-approved settlements in these matters,



(b)) decisions of courts in criminal matters relating to compensation for damage



c) arbitration awards issued in arbitration.



Article 23



The conditions for recognition and enforcement of decisions



The decisions referred to in article 22 of this agreement will be to recognize and

exercise, if:



and) the decision is final and enforceable under the confirmation of authority which

the judgment; provisionally enforceable judgments and enforceable

interim measures may be in the territory of the requested Contracting Party to recognise and

done, although it may be the proper remedy,



(b)) the judicial authorities of the other Contracting Party have not issued before a final

decision or not uphold and act on a decision of a third State in the same

Affairs and involving the same parties,



c) party were given the opportunity to participate in the proceedings, in particular was

under the law of the Contracting Party where the procedure took place, orderly and

timely summoned to the meeting and be informed of the decision, together with the possibility of submitting

appeal against him he was duly served, and in the case of

procedural incapacity has been properly represented,



(d)) to control has not been given the exclusive competence of the authorities of the Contracting Party

the territory of which recognition is sought,



e) Contracting Party in the territory of which recognition or enforcement is sought, the

considers that the recognition or enforcement does not compromise its sovereignty or

security or will not interfere with the public order.



Article 24



The method of recognition and enforcement of decisions



(1) the application for recognition and enforcement shall be given directly to the competent

the Court of the Contracting Party in whose territory it is to recognise and execute the decision.



(2) enforcement, including the terms of the proposal on the enforcement of decisions and

the documents, which is needed to connect to, as well as design options

the statutory objections lodged against enforcement, shall be governed by the laws of the

the Contracting Party in whose territory the decision to execute.



(3) the Court shall decide on the recognition and enforcement of decisions,

be limited to establishing whether the conditions referred to in articles 22 and

23, and if it finds that these conditions are met, the decision recognizes the

or order its enforcement.



Article 25



Recognition and enforcement of decisions relating to maintenance obligations



Final and enforceable decision on maintenance obligations, which

issued by the judicial authorities of one Contracting Party, as well as approved by

settlements in these matters, be recognised and enforced in the territory of the other Contracting

the parties, in accordance with the Hague Convention on the recognition and enforcement of

maintenance obligations 2. October 1973.



Article 26



Decision on reimbursement of costs



(1) If a party has been saved by a final decision on the territory

one party pay the costs of the other party,

the competent court of the other Contracting Party, shall order the execution of the decision to recover

These design costs authorized free of charge.



(2) the application for enforcement of a decision on costs will be served directly

jurisdiction of the other party.



(3) the Court which decides on the authorization of enforcement pursuant to the provisions of paragraph

1, shall be limited to the determination of whether the decision on the costs of a final decision and

enforceable.



(4) the Court of the Contracting Party in whose territory the backed up costs State

requests the competent court of the other Contracting Party, that the costs and charges

enforced. The Court shall send to the Court of vymoženou the amount of the other party.



PART FOUR



Legal assistance in criminal matters, transfer of criminal prosecution, extradition

and the transfer of sentenced



Article 27



Adjustment range



(1) Contracting Parties shall provide mutual assistance in the application

institutes of cooperation in criminal matters under the fourth part of this agreement

to the extent, under the conditions and in the manner laid down in the relevant

multilateral conventions, if not to supply in the first and fourth

part of this agreement unless otherwise specified.



(2) Contracting Parties shall provide mutual assistance in the application

institutes of cooperation in criminal matters under the fourth part of this agreement

in order to simplify the application and supplement national legislation

přijatýých legislation for the purpose of enforcement of legally binding acts of the European

Union. Mutual assistance shall give to the extent, under the conditions and in the manner

laid down in the relevant national requirements, if not to their

the Tween span in the first and fourth parts of this contract provides otherwise.



Article 28



Legal aid



(1) Contracting Parties shall provide legal assistance in criminal matters in accordance with

European Convention on mutual assistance in criminal matters of 20. April 1959.



(2) the judicial authorities of the Contracting Parties in the provision of legal aid in

criminal matters pursuant to the Convention referred to in paragraph 1 between each other

directly.



(3) the documents to be served on addressees residing on

the territory of the other Contracting Party, it is possible to send mail directly to the addressees

According to the regulations valid for the mail contact.



(4) if the address of the person to whom the Act is intended to apply the legal

help is not given in the request, or if it is found that it is

incorrect, the requested judicial authority according to determine the correct options

the address.



(5) the requested Contracting Party shall implement the inspection or ensure things

If:



and) offense, to which the request relates is punishable by law

regulations of both Contracting Parties,



(b)) to perform the request is in accordance with the laws of the requested Contracting

party.



(6) at the request of the applicant authority, the requested authority shall notify in a timely manner


the applicant authority and interested parties to place and time of execution of the request.

The representative of the requesting authority may be present during the execution of the request,

If the requested authority.



(7) the Contracting Parties shall inform each other without delay of the final and

final decisions issued by the judicial authorities in criminal

cases against nationals of the other party. On request you shall send to the

a copy of such decision.



(8) the parties will not carry out the transit of own citizens.



Article 29



Hand-over and taking over of criminal prosecution



(1) the Submission and acceptance of the criminal prosecution of a citizen of one State

the Contracting Parties to a judicial authority of the other Contracting Party shall take place

According to the European Convention on the transfer of criminal proceedings. May 1972.



(2) the judicial authorities of the Contracting Parties in the implementation of the conventions referred to in

paragraph 1 meet directly, except the transmission of criminal proceedings

relating to criminal offences for which it may be based on the rule of law

the requesting contracting party liable to a penalty of deprivation of liberty for

exceeding five years. In these cases, the judicial authorities of the Contracting

the parties come together through the central judicial authorities.



(3) the request to take charge of the criminal proceedings shall be accompanied by:



and the original or a certified copy) of the criminal case file,



(b) the text of the law containing the) offence, punishment and forfeiture, which

applies to act according to the law of the requesting contracting party, and for offences

committed in the transport sector and of the relevant applicable provisions of the relevant

for the assessment of the crime, the



(c) if the injured party) Declaration is needed to begin the criminal

control.



(4) the Claims of victims to compensation, applied before passing

a criminal prosecution by the judicial authorities of the requesting contracting party,

discussed in the proceedings in the territory of the requested Contracting Party.



(5) if the accused person at the time of submission of the request to take charge of the criminal

the prosecution is in custody in the territory of the requesting party, transfer the

the territory of the requested Contracting Party, and if the applicant is at liberty,

Contracting Party, if necessary, to take reasonable measures, according to their

the rule of law to his return to the territory of the requested Contracting Party.



Article 30



Extradition



(1) surrender of persons for criminal prosecution or execution of sentence between

the Contracting Parties in accordance with their national legal

regulations on the basis of a European arrest warrant.



(2) if the proceedings were initiated on the extradition on the basis of

international treaties, which were Contracting Parties bound at the time

the procedure for the issuance, under these international agreements.



(3) the Contracting Parties shall not be required when passing people for criminal

prosecution or execution of sentence on the basis of a European arrest warrant in the

relations with specific consent to criminal prosecution, sentencing

or retention for the purpose of enforcement of a sentence or a preventive measure passed

of the person for an offence committed prior to his or her surrender and for which this

the person has not been passed. This does not apply if the transfer of own

the citizens of the Contracting Parties or, if in a particular case the executing

the judicial authority, as defined under the law of a Contracting Party decides

otherwise.



Article 31



Transfer of sentenced persons



(1) nationals of a Contracting Party, a conviction to the penalty of the deprivation of

freedom on the territory of the other Contracting Party, shall be forwarded to the enforcement of a sentence

deprivation of liberty in the territory of the Contracting Party of which they are nationals

citizens, in line with the Strasbourg Convention on the transfer of sentenced persons

of the 21. March 1983. The same happens in the case where the convicted person

He is not a resident of the other Contracting Party, but it has on its territory a permanent

the stay.



(2) pursuant to the Convention referred to in paragraph 1 shall apply mutatis mutandis in the case of proceeds,

When the sentenced person at the time of submission of the request for surrender to prison

deprivation of liberty is already on the territory of the requested Contracting Party.



(3) to the extent provided for in the Convention implementing the Schengen agreement of 14.

June 1958 between the Governments of the States of the Benelux Economic Union, the Federal

Republic of Germany and the French Republic on the gradual abolition of

checks at their common borders. June 1990, it is possible to request a

transfer of the sentenced person to a prison sentence even without her

consent. The same happens if imprisonment

cannot be secured by other means and the sentenced person is located on the

the territory of the requested Contracting Party.



(4) the judicial authorities of the Contracting Parties in the implementation of the conventions referred to in

paragraphs 1 and 3 come together through the central judicial authorities.



PART FIVE



Final provisions



Article 32



This agreement shall enter into force after it according to its constitutional

the regulations shall be approved by the two parties. The agreement will be provisionally applied

from the 1. January 1993.



Article 33



This agreement shall remain in force for an indefinite period, unless one of the

of the Contracting Parties denounces it through the diplomatic channel. In that case, shall cease to be

The validity of the contract year after delivery of the notice to the other Contracting Party.



Done at Prague on 29. October 1992, in two originals, each in the language

Czech and Slovak, both texts being equally authentic.



For the Czech Republic:



The Prime Minister of the United Kingdom



Doc. Ing. Václav Klaus, CSc. v.r.



For the Slovak Republic:



The Prime Minister of the Slovak Republic



JUDr. Vladimír Mečiar v.r.



XIII.



Final Protocol



When signing this contract with the Czech and the Slovak agents

States agreed as follows:



Article. (I)



To the procedures for legal relations between parents and children is determined by the jurisdiction of the Court

the Contracting Party in whose territory he is resident at the time of the initiation of the

control. In the case of divorce, however, is given the power of the Court, before

which the Court is sitting about divorce.



Article II



The Court, which has the power to control the transfer of custody, it may

custody to the Court of the other Contracting Party, if the person that was

appointed guardian has in the territory of that Contracting Party residing or

stay or assets. To transfer custody occurs when the requested

the Court takes custody and shall inform the requesting court. The Court,

that took over the management of guardianship, it leads under the law of their

State, but when it comes to eligibility to rights and legal capacity,

proceed according to the law of the Contracting Party in which the citizen is

guardianship. This Court is not entitled to make decisions on personal status

Ward, however, may decide to permit to marry.



Article. (III)



The proceedings that were initiated in civil matters in the courts of the Contracting

the parties before the acquisition of the contract is determined by the jurisdiction of the courts of the

of the parties and the courts procedure completes. For the recognition and enforcement of

the decision in such cases, the provisions of the article. IV of this

the final Protocol.



Article IV



The provisions of articles 20 to 26 of the Treaty shall not apply to the final and

enforceable decisions of the judicial authorities of the Contracting Parties, or

the judicial authorities of CZECHOSLOVAKIA issued before the application of the contract. This

the decision of the authorities of the Contracting Parties, recognised and enforced as a judgment

their own judicial authorities.



Article. In



Provisions of the Treaty on the transfer of criminal prosecution shall not apply if

the criminal prosecution against a citizen of a Contracting Party in the territory of

the other party was initiated before the acquisition of the contract.



Čl.VI



If it has been stored in the criminal proceedings before the acquisition of the contract

a financial penalty or punishment the disqualification and this penalty has not yet been

fully executed, the courts of both the Contracting Parties shall forward copies of the

final decisions concerning the State of the citizens of the other party

parties or convicts, who are in the territory of the other Contracting Party

residence, together with the notice, what part of the sentence remains, and from

other acts aimed at enforcement of the sentence. The next performance of these

penalties and related operations shall be carried out by the courts of the requested Contracting

party.



Article. (VII)



Question limitations of convicted citizens of the State of one Contracting Party,

who carry out the sentence of imprisonment on the territory of the other Contracting Parties to the

the basis of the judgments of the courts of the Contracting Party of which they are nationals,

shall be resolved by agreement between the departmental Choir remedial education Czech

Republic and the choir of the prison service and judicial guard of the Slovak Republic.



The final Protocol is part of the signed contract.



Given in two copies, each in the Czech and Slovak, with

both texts are equally authentic.



For the Czech Republic:



The Prime Minister of the United Kingdom



Doc. Ing. Václav Klaus, CSc. v.r.



For the Slovak Republic:



The Prime Minister of the Slovak Republic



JUDr. Vladimír Mečiar v.r.