The European Convention On Extradition

Original Language Title: o Evropské úmluvě o vydávání

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40328&nr=549~2F1992~20Sb.&ft=txt

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.