549/1992 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
Modified: 29/1997 Coll., 30/1997.
The Federal Ministry of Foreign Affairs declares that on 13 November. December
1957 was in Paris negotiated European Convention on extradition.
On behalf of the Czech and Slovak Federal Republic, the Convention was signed in
Strasbourg, 13 November 2002. February 1992.
With the Convention have expressed their approval of the Federal Assembly of the Czech and Slovak
The Federal Republic and the President of the Czech and Slovak Federal
The Republic has ratified it with the proviso that the transit of persons referred to in article 21
will be allowed only under the conditions under which gives consent to release.
The ratification instrument was deposited with the Secretary-General of the Council of Europe,
depositary of the Convention, on 15 December. April 1992.
Convention entered into force, pursuant to article 29, paragraph 1. 2 day 18.
April 1960. For the Czech and Slovak Federative Republic entered into
into force in accordance with its article 29. paragraph. 3 day 14. July 1992.
Czech translation of the Convention shall be published at the same time.
THE EUROPEAN CONVENTION
on the issue of
Governments which have signed this Convention, being members of the Council of Europe
considering that the aim of the Council is to achieve greater unity between its
Members;
considering that this objective can be achieved through the negotiation of agreements and
common action in legal matters;
considering that the adoption of uniform rules on the issue appropriately
to contribute to this unification,
have agreed upon the following:
Article 1
Obligation to issue
The Contracting Parties undertake, each in accordance with the
the provisions and terms set forth in this Convention, all persons against
which lead the competent authorities of the requesting party for prosecution
a criminal offence, or which are required by those authorities for the enforcement of a sentence
or protective measures.
Article 2
Crimes subject to the issue of
1. The release will be allowed for the offences for which a legal order
the requesting and the requested Party stipulates a prison sentence or
protective measures, whose upper limit is at least one year, or
penalty. If you already have a penalty involving deprivation of liberty or a detention order
on the territory of the requesting party have been saved had to be stored in at least
duration of four months.
2. If the request for extradition relates to a few separate criminal
all acts which are punishable under the laws of the requesting and
the requested Party by imprisonment or for them, you can save the protective
measures, but some do not meet the conditions laid down for the length of the sentence,
that can be saved, the requested Party has the right to authorize the issue of and for
These offences. This right shall also apply to offences
that can be stored only a financial penalty.
3. any Contracting Party whose law does not allow release for certain
the offences referred to in paragraph 1. 1 of this article may, in so far as
It refers to, exclude these crimes from the scope of this Convention.
4. each Contracting Party that wishes to use the rights which it provides
paragraph. 3 of this article, shall be forwarded to the Secretary-General of the Council of Europe in
ratification or instrument of accession, either list
the offences for which the issuing of permits or a list of those
that is out of the question. At the same time indicate the legal provisions that
allow or exclude extradition. The Secretary-General shall circulate the
the lists of the other signatories.
5. If the legislation of any of the parties Additionally excludes
the issue for other criminal offences, the Contracting Party shall inform the
the Secretary-General. The Secretary General shall inform the other signatories.
This information will take the effectiveness of three months after which it General
the Secretary-General has received.
6. Any party which makes use of the right referred to in paragraph 1. 4 or 5
of this article may at any time apply this Convention and the offences,
that have been excluded from it. Will inform you of these changes, the
Secretary-General of the Council, which shall inform the other signatories.
7. Either party may apply reciprocity in relation to offences
that are excluded from the scope of this Convention pursuant to this article.
Article 3
Political offences
1. The release will not be permitted, if the offence is one for which a release
asks, requested Party for any offence or crime policy
Act with the offence of political related.
2. the same rule will be applied, if the requested Party has serious reasons
to believe that the extradition request for the generic offence has been made for
order to prosecute or punish a person on grounds of their race,
religion, nationality or political opinion, or that the status of this
the person would be for one of these reasons, this may lead to bias.
3. An assassination or attempted it on the head of State or a member of her family
for the purposes of this Convention shall not be considered a political offence.
4. This article shall not affect the obligations that Contracting Parties
where appropriate, adopt or adopt in the future in other multilateral
international conventions.
Article 4
Military crimes
The issue of the military for offences that are not general criminal
actions, is excluded from the scope of this Convention.
Article 5
Fiscal offences
1. the issue concerning criminal offences related to taxation, customs duties, fees and charges
and foreign exchange regulations will be allowed between the Contracting Parties in accordance with
This Convention, if the acts of which it is, by the legal
the order requested by the offence of the same nature.
2. Edition cannot be refused on the sole ground that the rule of law
of the requested Party does not impose the same kind of tax or duty or does not contain a
taxes, duties, fees or foreign exchange regulations of the same kind as the legal
order of the requesting party.
Article 6
The issue of citizens
1. (a) the Contracting Parties shall have the right to refuse the release of its citizens.
(b) any Contracting Party may, when signing or representations
depositing its instrument of ratification or instrument of accession, to the extent
what it refers to, and for the purposes of this Convention, to define the concept of "citizen".
(c) Citizenship will be determined by the time when it adopts a decision on the issue.
However, if the requested person is in the period between the adoption of the decision on the
issue and its implementation to be recognized as a citizen of the requested Party may
the requested party to apply the provisions contained in paragraph (a) of this article.
2. If the requested Party does not extradite its citizens, shall, on request
the requesting party the matter to their competent authorities, in order to initiate the
criminal prosecution, if they consider it appropriate. Files, information and
turn your attention to things that relate to the offence will be for this purpose
free of charge in the manner referred to in paragraph 1(a), be passed. 1 of article 12. The requesting
the party will be informed about the outcome of their request.
Article 7
Instead of committing the crime
1. the requested Party may refuse extradition requested for an offence
that is considered to be in accordance with its legal system for committed in whole or in
part of its territory or in a place that is considered to be its territory.
2. If the offence for which extradition is requested has been committed outside,
the territory of the requesting party, the issue may be refused only when the
the legal system of the requested Party does not allow for the same category of penalty
acts committed outside its territory, or when it does not allow the release for the
a criminal offence.
Article 8
Prosecution for the same offences
The requested Party may refuse to issue the requested person, when appropriate
authorities of that party are leading the prosecution against him for the offence, or
the offences for which extradition is requested.
Article 9
Hurdle has been finally decided things
1. The release will not be permitted in cases where the competent authorities of the requested
the parties had made a final decision in the proceedings against the person sought after about
the offence or offences for which extradition is requested. Release
may be refused if the competent authorities of the requested Party have decided to no longer
do not start or stop a criminal prosecution for the same offense, or
criminal offences.
2. Extradition will not be allowed, if in a third State that is
a Contracting Party to the Convention, has already handed down a final decision in the proceedings for the
crime or offenses for which extradition is sought, and:
and that decision was) the person acquitted;
(b) the penalty of imprisonment) or other measures:
(i) it was completely enforced;
(ii) is subject to all or part of the other betrothed party grace or amnesty;
(c)) the Court acknowledged the accused guilty and refrained from punishing.
3. In the cases referred to in paragraph 2 may, however, be allowed to issue,
If
and acts) was handed down the judgment, was directed against the public
agents or public institution or anything that has a public character
in the requesting State;
(b)) the person against whom the judgment was passed, itself has the status of public
officials in the requesting State;
(c) the Act) issued the judgment relates has been committed wholly or partly in the
the territory of the requesting State or is considered as committed on its territory.
4. The provisions of paragraphs 2 and 3 shall not prevent the application of broader national
the provisions relating to the effect of ne bis in idem in conjunction with foreign
criminal judgments.
Article 10
Limitation periods
The issue will not be allowed if the person cannot be demanded by legal
the order of the requesting or requested party prosecuted or punished in the
as a result of the limitation period.
Article 11
The death penalty
If possible, under the law of the requesting party for an offence, for
that is on the issue of the death penalty sought to save, and if the laws of the requested
Parties for such an offence the death penalty is not typically set or
performed, the release may be refused if the requesting party
fails to provide such assurance that the requested Party will be considered
sufficient that the death penalty will not be executed.
Article 12
The application and the necessary documents
1. The application shall be given in writing and sent to the Ministry of Justice
the requesting party to the Ministry of Justice of the requested Party; sending
through diplomatic channels, however, does not exclude. Direct agreement between two or
more parties can be arranged and a different procedure.
2. the application will be accompanied by:
(a) the original or a certified copy of the enforceable decision on punishment or
the decision on the imposition of a safeguard measure, or to order
binding, or another command that has the same effect, and it was issued in
accordance with the procedure laid down by the laws of the requesting party;
(b) a description of the offences for which extradition is requested; the most accurate
indication of the time and place of their legal qualifications, and a reference to
the relevant legislation;
(c) a copy of the relevant legislation and, where this is not possible,
statement on the legal status and the most accurate description of the desired person, together with the
any further information that will help determine her identity and
country of citizenship.
Article 13
Supplemental information
If it is found that the information provided by the requesting party is not for the
the requested party sufficient to enable a decision under this
The Convention, the party will require the necessary supplementary information and may also
set a deadline for their delivery.
Article 14
Speciality
1. Against a person who has been released, not criminal prosecution,
you will not be condemned or deprived of liberty because of the enforcement of the sentence or
the protection measure for any other offence committed prior to its
passing than for that for which it was issued, or from any other
reason will not be limited to its personal freedom except in the following
cases:
(a) If a party, which it forwarded, agrees. A request for consent shall be
filed together with the documents referred to in article 12 and the Protocol containing the
notice of termination issued by the person to the crime. Consent shall be given, if
the offence for which extradition is requested is subject to the issue in accordance with the
the provisions of this Convention;
(b) if the person has the possibility to leave the territory of the contracting party to
that was passed has not done so within 45 days of final discharge
or to that territory after leaving it.
2. the requesting party may, however, take any necessary measures to
to remove this person from their territory, or any necessary
legal action, including criminal prosecution in the absence of that
to avoid the legal effects of the limitation period.
3. If in the course of prosecution changes the description of the offence,
issued by the person will be prosecuted or punished only if criminal
under the new Act and the description of the factual characters shows a criminal offence which
would be subject to release.
Article 15
The next edition of the third State
With the exception of the cases referred to in article 14, paragraph 1. 1 letter (b)
the requesting party will not pass without the consent of the requested party to another party or
to a third State a person passed to the requesting State, which aims to set out
other party or third State for offences committed prior to its
by passing. The requested Party may require the submission of documents referred to in
Article 12, paragraph 1. 2.
Article 16
Temporary custody
1. the competent authorities of the requesting party may, in urgent cases,
request that the person was taken into temporary custody. The relevant
the authorities of the requested Party shall decide on the matter according to their national legal systems.
2. In the request for temporary custody, stating that one is available from
the documents referred to in article 12, paragraph 1. 1 letter (a), and that means to send
the request for extradition. It also stated that the offence will be about
the release request, when and where the crime was committed, and if it is
possible, a description of the person sought.
3. the request for temporary custody will be sent to the competent authorities of the requested
the parties through the diplomatic channel or directly by mail, telegram or
through the international criminal police organisation (INTERPOL) or
any other way to the demonstration, or
that the requested Party shall take. The requesting authority shall without delay
informed of the outcome of their applications.
4. Temporary custody may be cancelled if the requested Party does not get to
18 days from the arrest request for extradition and the supporting documents referred to in article 12. In
no case shall be less than 40 days from the date of detention.
Possibility of a preliminary release of never, the requested Party shall not preclude the
However, it shall take such measures as it considers necessary to
prevent the escape of the person sought.
5. the release does not preclude new detention and release, if the application for
the release occurs subsequently.
Article 17
Clash of the applications
If the extradition is sought at the same time more than one State, whether for the same
offence or for different offences, the requested Party shall decide, after
taking into account all the circumstances, in particular, to the relative seriousness and place of
committing the offences, in addition to the date of the request, the citizenship of the requested
of the person and to the possibility of subsequent extradition to another State.
Article 18
Transfer of the person to be released
1. the requested Party shall inform the requesting party in the manner specified
in article 12, paragraph 1. 1 of its decision regarding the issue.
2. The reasons for the total or partial refusal will be communicated.
3. If the request is accepted, the requesting Party shall be informed of the place of
and the date of the transmission and of the time which the requested person was extradited due to transmission
be kept in custody.
4. With the exception of the provisions of paragraph 5 of this article may be requested
a person released after 15 days, if you have not taken to the
specified date and, in any case, will be released after the expiry of 30
days. The requested Party may refuse to issue for the same offence.
5. If insurmountable obstacles prevent the side of pass or fail over
the person who is to be extradited, it shall notify the other party. The two parties
agree on a new date of surrender and the provisions of paragraph 4 shall be applied
This article.
Article 19
The postponement of the transfer or conditional surrender
1. the requested Party may, then, when the decision on the application shall take the release,
to defer the surrender of the requested person so that it could prosecute, or if
has already been sentenced, so it could be carried out on its territory a penalty for
offence other than that for which extradition is requested.
2. Instead of postponing the surrender, the requested Party, the requested person
temporarily surrender to the requesting party in accordance with the conditions to be
agreed between the parties.
Article 20
Passing things
1. At the request of the requesting party, the requested Party, to the extent that it
the law allows, and hand things:
(a) that may be used as evidence, or
(b) which have been obtained as a result of the offence and which, at the time
the detention of the requested person were found or were discovered subsequently.
2. the matters referred to in paragraph 1(b). 1 of this article shall be transmitted, even if agreed
the issue could not be carried, because the requested person died or
fled.
3. If the above things are subject to seizure or confiscation in the territory of the
the requested Party, that party may, in the context of the ongoing
temporarily leave the prosecution or to pass them on the condition that her
will be returned.
4. Any rights to these things, which can have the requested Party or
a third party, are maintained. If the rights exist, they are things
returned free of charge to the requested Party as soon as possible after the termination of the proceedings.
Article 21
The transit
1. Transit through the territory of one of the Contracting Parties will be allowed after submission of the
the request in a way that is mentioned in article 12, paragraph 1. 1, provided
the party, which is required for transit operations, does not consider the
offence for political or purely military within the meaning of articles 3 and 4
of this Convention.
2. The transit of the citizen, as defined in article 6, the State which is
required for transit operations, it may be rejected.
3. Except as provided in paragraph 1. 4 of this article will be submitted to the
the documents referred to in article 12, paragraph 1. 2.
4. If air transport is used, the following will apply
rules:
(a) if it has to be done, the requesting Party shall inform the landing
the party through whose territory has to be carried out, and confirms that it is to
one of the documents referred to in article 12, paragraph 1. 2, letter (a). In
the case of an unscheduled landing, this information will have the effects of the application of the
temporary custody within the meaning of article 16 and the requesting Party shall submit a formal
the transit request;
(b) if the requesting party, the request shall
about transit.
5. Either party may, however, when signing or depositing its instrument of ratification
instrument or instruments of accession to this Convention, declare that it shall authorise the
transit of persons for some or all of the conditions under which permits release.
In this case, reciprocity may be applied.
6. The transit issued by the person shall not be effected through a territory where there is a reasonable
the fear that her life or freedom would be threatened for her race,
religion, nationality or political opinions.
Article 22
Control
Except where otherwise provided in this Convention, the procedure for issuing
temporary custody and governed solely by the laws of the requested Party.
Article 23
Language used
The documents that should be issued, they will be in the language of the requesting or
of the requested Party. The requested Party may require a translation into one of the
the official languages of the Council of Europe, that they choose.
Article 24
The cost of
1. Costs incurred in the territory of the requested Party for the release of bear
This party.
2. the costs incurred due to the transit through the territory of the party which was
asked about the transit operations, shall be borne by the requesting party.
3. In the case of the release of the nemetropolitního territory of the requested Party shall be
the cost of transport between this territory and the metropolitan territory of the requesting
the parties paid for by the requesting party. The same rule applies on the costs of
transport between nemetropolitním the territory of the requested Party and its
the metropolitan territory.
Article 25
The definition of "protective measures"
For the purposes of this Convention, the term "protective measures" means any
command involving deprivation of liberty, which was a criminal court issued
In addition to a prison sentence or instead of him.
Article 26
Reservations
1. any Contracting Party may, when signing this Convention or when
deposit of its instrument of ratification or instrument of accession make reservations
to any provision or provisions of the Convention.
2. Any Contracting Party which has made a reservation is withdrawn as soon as
circumstances permit. This appeal will be carried out by communication
the Secretary-General of the Council of Europe.
3. A Contracting Party which has made a reservation to one of the provisions of the
The Convention, cannot rely on the application of this provision by another party
except to the extent to which this provision itself has adopted.
Article 27
The territorial scope of
1. this Convention shall be carried out to the metropolitan territories of the Contracting
party.
2. in relation to France will also pay in Algeria and the overseas
departments, in relation to the United Kingdom of Great Britain and
Northern Ireland on the Channel Islands and the Isle of Man.
3. the Federal Republic of Germany may extend the application of this Convention to
"Land Berlin" the communication addressed to the Secretary-General of the Council of Europe,
which will inform the other parties about this statement.
4. Direct arrangement between two or more Contracting Parties may be
the implementation of this Convention, under the conditions laid down in those agreements,
extended to any territory of the parties, except those which are
listed in paragraph 2. 1, 2 and 3 of this article, for whose external relations
any of these pages.
Article 28
Relations between this Convention and bilateral agreements
1. this Convention replaces, for States which are bound by the provisions of any
bilateral treaties, conventions and agreements governing extradition between
any two Contracting Parties.
2. The Contracting Parties may conclude between themselves bilateral or
multilateral agreements only to supplement the provisions of this Convention or to
encourage the application of the principles they contain.
3. If the extradition between two or more parties take place on the
the basis of the uniform rules, the parties may modify their
mutual relationships regarding the issue, solely in accordance with this system without
Notwithstanding the provisions of this Convention. The same principle will apply between two
or more of the Contracting Parties, if each of them has a valid legal
regulations, on the basis of which shall be carried out in its territory the commands to
custody issued on the territory of the other party or parties. The Contracting Parties,
that exclude or exclude the application of this in the future
Of the Convention under this paragraph, it shall inform the Secretary-General of the
The Council Of Europe. The Secretary-General will inform the other Contracting Parties
communications received under this paragraph.
Article 29
Signature, ratification and entry into force
1. this Convention shall be open for signature by the members of the Council of Europe. Shall be subject to
ratification. Instruments of ratification shall be deposited with the Secretary-General of the
Of the Council.
2. the Convention shall enter into force 90 days after the date of deposit of the third instrument of ratification
of the Charter.
3. as regards the signatory, who will ratify the Convention after Convention
shall enter into force 90 days after the deposit of their instruments of ratification.
Article 30
Access
1. the Committee of Ministers of the Council of Europe may invite any State which is not
a member of the Council to this Convention, on condition that, for the
the resolution, which will contain such an invitation, will vote to all
Council members, who have ratified the Convention.
2. access will be made by depositing the instrument of accession with the
Secretary-General of the Council and shall take effect 90 days after you save it.
Article 31
Notice of termination
Either Contracting Party may, in so far as it refers to,
denounce this Convention submitted to the Secretary-General of the Council communication
Europe. Denunciation shall take the effectiveness of six months after the date of the General
Secretary-General of the Council shall receive such communication.
Article 32
Information
The Secretary General of the Council of Europe shall notify members of the Council and the Governments of
States that have acceded to this Convention of:
(a) deposit of the instruments of ratification and instruments of access;
(b) the date of entry into force of this Convention;
(c) any declarations made in accordance with the provisions of article 6, paragraph 2. 1 and
Article 21, paragraph 2. 5;
(d) any reservation made under article 26, paragraph 2. 1;
(e) the appeal of all of the reservations referred to in article 26, paragraph 2. 2;
(f) communications of withdrawal received pursuant to the provisions of article 31 and the
the data, when this resignation will take effect.
In witness whereof the undersigned, being duly authorised thereto, have signed the
This Convention.
Done at Paris on 13. December 1957 in English and French,
both texts being equally authentic, in a single copy, which
be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe
shall transmit certified copies to the Governments of the signatories.
Article 33
Judgments handed down by in the absence
1. the Requested contracting party if the other party on the issue of persons for the performance of
a sentence or a preventive measure imposed by a decision given in a
the absence of the accused, the requested Party may refuse to issue,
If, in its opinion in the relevant criminal proceedings have not been
ensure the minimum rights of defence granted to each accused. Release
However, if the requesting Party shall provide for the requested
hand sufficient assurance that all the required person will guarantee the right to
the new criminal proceedings, in which the rights of the defence. Such
the decision authorizes a requesting party either to execute the relevant
the judgment, if the convicted person does not reject it, or, if the convicted person against
enforcement of the judgment, for the implementation of the criminal proceedings after its release.
2. If the requested Party shall inform the person, whose extradition is sought, the
the judgment rendered against him in absentia, the requesting party will not be
This communication can be considered as a formal service with the relevant effects for
criminal proceedings in that State.
Article 34
Amnesty
The issue will not be permitted for the crimes covered by the Amnesty
renowned in the requested State, if he had the power to conduct criminal prosecutions
under their criminal law.
