98/1984 Coll.
Decree
Minister of Foreign Affairs of 27 June. April 1984 on the contract between the
The Czechoslovak Socialist Republic and the Socialist
Republic on legal assistance in civil and criminal matters
On 12 June 2006. October 1982 in Prague was signed the Treaty between the Czechoslovak
Socialist Republic and the Socialist Republic of
legal aid in civil and criminal matters.
With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
the Republic has ratified it. The instruments of ratification were exchanged in Hanoi
16 December 2002. March 1984.
Treaty has entered into force pursuant to article 81 on the day 16. April
1984.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Now in r.
Contract
between the Czechoslovak Socialist Republic and the
Socialist Republic on legal assistance in civil and
Criminal
The Czechoslovak Socialist Republic and the Socialist
Republic desiring to further develop brotherly relations between the peoples of both
States, in accordance with the Treaty on friendship and cooperation between the
The Czechoslovak Socialist Republic and the Socialist
Republic of 14 July 2004. February 1980 and to facilitate relations between the two
States in matters of civil, family and criminal matters have decided to conclude
This contract. To this end, have designated their agents:
The President of the Czechoslovak Socialist Republic:
Kašpar, Minister of Justice of the Czech Socialist Republic,
The President of the State Council of the Socialist Republic: Phan Hiena,
the Minister of justice the Socialist Republic
who, having exchanged full powers, found in good and
due form, have agreed as follows:
Part I
General provisions
Article 1
The legal protection of
(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Parties
the same rights and the same legal protection in matters of personal and property
as its own citizens.
(2) within the meaning of the provisions of paragraph 1 of this article, citizens have one
the contracting parties free access to the courts and other authorities of the other Contracting
the parties the competent in civil and criminal matters and are entitled to the
These institutions submit proposals to protect their personal and proprietary
rights.
(3) Civil matters referred to in this agreement means the things
family and work.
(4) the provisions of this Treaty on the citizens of the Contracting Parties shall also apply to
legal entities of the parties.
Article 2
Legal aid
(1) courts, the public prosecutor's Office and other authorities of the two Contracting Parties operating in the
Civil and criminal matters (hereinafter referred to as "judicial authorities") with each other
provide legal aid, under the conditions laid down in this agreement.
(2) the judicial authorities providing legal assistance to each other's performance of different
operations, in particular, the oral testimony, the participants, the accused, or other
people, the implementation of the expert evidence, writing, sending and
service of documents.
Article 3
How to contact
(1) where the contract provides otherwise, the judicial authorities of the Contracting Parties
they meet through the central authorities.
(2) for the purposes of this agreement, the central authorities shall mean:
and) on the side of the Czechoslovak Socialist Republic:
The Prosecutor-General of the Czechoslovak Socialist Republic
-the Ministry of Justice of the Czech Socialist Republic
-the Ministry of Justice of the Slovak Socialist Republic
(b)) on the part of the Socialist Republic of:
The Supreme People's Procuratorate-
-the Ministry of Justice of the Socialist Republic.
Article 4
The language of the
Unless otherwise provided for in this agreement, the authorities of the Contracting Parties
used during intercourse in the implementation of this agreement, its official
languages or Russian language.
Article 5
Request
(1) unless otherwise provided for in this agreement, legal aid is
provides on request under the law of the State in which the
provides.
(2) the request and the documents attached to it must be by the competent authority
signed and stamped. It is to be attached to the documents translation must
be validated so authorised interpreter or a public body, or
the diplomatic mission or consular post of a Contracting Party.
(3) mutual legal assistance to authorities of the parties may use
Custom Forms.
(4) the Request shall contain:
and the designation of the requesting judicial authority),
(b) the designation of the requested judicial authority),
(c) the exact description of the case), in which legal aid is requested, indicating the
the subject and purpose of the request and the data necessary for its execution,
(d)) name, surname, nationality, residence, and employment status or
the profession of the participants, the accused, the accused, convicted, witnesses,
or damaged,
e) the name and address of the legal representative, if appointed were.
(5) the Request for notification shall contain in addition to the data referred to in paragraph
4 of this article, the exact address of the addressee and the marking of documents that have
be delivered.
(6) if the execution of a request for hearing, the request must also contain the
questions to be asked.
(7) the letters rogatory in criminal matters shall include also the legal designation and
description of the committed offence and the date of birth of the accused and the names of the
their parents.
Article 6
Execution of the letters rogatory
(1) when processing the request shall follow the procedure referred to in article 5 (3). 1 this
of the Treaty. At the request of the applicant authority, the request can be done
in the manner specified in the request, unless this is contrary to the laws of the
of the requested State.
(2) the requested judicial authority shall inform the requesting judicial authority in a timely manner,
at his request, place and time of execution of the request.
(3) if the requested authority is not competent to execute the request, it shall,
without delay to the competent authority.
(4) if the request could not be processed, the requested authority shall document
Returns and tells the causes that prevent the execution of letters rogatory.
(5) if it is not known the exact address of the person referred to in the request, shall take the
the authority of the requested Party steps to identify the location of the residence.
Article 7
Service of documents
(1) Documents from the area of civil rights, which are to be delivered
persons who are residing in the territory of the other Contracting Party shall be attached
to request a delivery receipt in duplicate.
(2) if the document is to be served, it is not written in the language
the requested Contracting Party or is not connected to this translation
language, the requested authority shall be served on the addressee only if it is willing to
it voluntarily accept.
(3) proof of delivery shall be drawn up in accordance with the provisions concerning the delivery of the requested
the Contracting Parties. In the document must bear the place, date and method
delivery.
(4) if the document cannot be delivered at the address requested
authority of the measures to determine the place of residence of the addressee. If the address of the
to find out, it shall inform the applicant authority and at the same time the document returns.
(5) at the request of the applicant authority, the requested authority shall arrange, within the limits
provisions in force in the territory of the requested Contracting Party, that the document has been
delivered to the addressee in your own hands.
Article 8
The service of their citizens
The Contracting Parties may serve documents its own citizens also
through its diplomatic missions or consular posts. In
this case, you cannot use coercive means.
Article 9
Protection of witnesses and experts
(1) a witness or expert who is resident in the territory of one of the Contracting
the party is not required to subpoena authority of the other Contracting Parties
fail to materialize. The summons, therefore, must not contain any threats of the use of
coercive measures in case of failure.
(2) a witness or expert who is resident in the territory of one Contracting Party
and that came on the summons to a judicial authority of the other Contracting
the parties may not be regardless of their country of citizenship or prosecuted
subjected to restriction of personal liberty for acts which he committed before crossing
the boundaries of the requesting contracting party, cannot be enforced on it a penalty for such a
the Act imposed or cannot be prosecuted or subjected to restriction of personal
freedom in connection with the subject of the proceedings.
(3) a witness or expert will invalidate the protection referred to in paragraph 2 of this
Article, if not leave the territory of the requesting contracting party within 15 days from the
the date when he was informed that his presence is no longer required. Into this
the time limit does not include the time during which the witness or expert is unable to
leave the territory of the requesting Contracting Party of the reasons for it.
(4) the Summoned person shall be entitled to reimbursement of their travel expenses and
subsistence and loss of earnings. In addition, experts are entitled to payment of the
the expert's report. The summons will be given the kind of compensation to which they are
the mentioned persons entitled; at their request, they will be paid in advance on the
the opacity of the relevant expenditure.
(5) If a person summoned as a witness in relation to the territory of the requested
the Contracting Parties, the authorities of that Contracting Party, as referred to in article 3
paragraph. 2 this agreement arrange her transportation on the territory of the requesting contracting
parties under the condition that there will continue to be kept in custody, and after the end of
the hearing promptly returned.
Article 10
The cost of legal aid
(1) each Contracting Party shall bear the costs of legal assistance incurred by the
its territory.
(2) on the request of the applicant authority, the requested authority shall notify the amount of incurred
costs. If these costs are not paid, the applicant will remain
Contracting Party.
Article 11
Address discovery
The competent authorities of the Contracting Parties shall assist each other in detecting
addresses of people staying in their territory, if it is necessary to
exercise of the rights of their citizens.
Article 12
Legal information
The central authorities of the two Contracting Parties shall be sent, on request, information about
legislation that applies or applied on the territory of their States,
along with their wording, as well as information about legal issues and legal
practice.
Article 13
The validity of documents
(1) a document issued or certified by the competent authorities in due form
in the territory of one Contracting Party may be used without further validation on
the territory of the other Contracting Party. The same also applies to the signatures on the other
the schedules of the certified according to the law in the territory of one of the Contracting
party.
(2) the provisions of paragraph 1 of this article shall also apply to copies of and
translations of the documents, which were verified by the competent authority.
(3) of the Charter, which are on the territory of one Contracting Party are considered
public, having the character of public documents and on the territory of the other Contracting Party.
Article 14
Refusal of legal aid
The provision of legal assistance pursuant to this agreement may be refused
If the requested Contracting Party considers that the provision of legal aid
would have been infringed its sovereignty or security, or if it was in
contrary to the fundamental principles of its legal system.
Part II
Civil
Chapter 1
Case status
Article 15
Eligibility for the rights and legal capacity
(1) the capacity of the citizens of each of the Contracting Parties, to the rights and legal
acts is governed by the legislation of the Contracting Party in which the citizen is this
person.
(2) the capacity of legal persons is governed by the legislation of the Contracting Parties,
by which it was established.
Article 16
Waiver and limitation of competence to perform legal acts
(1) where the contract provides otherwise, to deprivation or limitation of
competence to perform legal acts is the competent judicial authority of the Contracting
the parties, in which the citizen is a person whose capacity is proposed.
(2) if the judicial authority of one party, that a citizen of the second
the contracting party who is resident in its territory, there are reasons for
deprivation or restriction of legal capacity, it shall notify the
to the competent judicial authority of the other Contracting Party. This is true even in the
When the judicial authority shall adopt the transitional measures necessary for the protection of
This person or its assets.
(3) if the judicial authority of the other Contracting Party, to which fact the
referred to in paragraph 2 of this article reported, does not start itself needed
proceedings within three months or, if within that time does not respond,
deprivation or restriction of legal capacity to carry out judicial
authority of the Contracting Party in whose territory the person whose capacity is
has to decide residence. The decision will be sent to the competent judicial
authority of the other Contracting Party.
(4) if the proceedings before the competent judicial authority, in accordance with
the preceding paragraph about the deprivation or restriction of legal
capacity it is possible to choose only from the grounds set out in the laws of
both of the parties.
(5) the provisions of this article shall be applied in the case of return or
changes to the eligibility of legal capacity.
Article 17
(1) the statement of the person presumed dead is the competent judicial authority of the Contracting
Parties, of which the person was a citizen at the time when the latest
the message was still alive.
(2) the judicial authorities of one Contracting Party may be declared dead,
as well as to establish the day of death of the citizen of the other party, on a proposal from the people,
who live on the territory of that Contracting Party, demonstrate a legal interest in the
accordance with the law of that Contracting Party.
(3) in the cases referred to in paragraphs 1 and 2 of this article shall be
the judicial authorities of a Contracting Party governed by your state.
(4) decision taken in accordance with paragraph 2 of this article shall have legal
the consequences only in the territory of the Contracting Party whose judicial authorities is
brought.
Chapter 2
The case family
Article 18
The conclusion of the marriage
(1) the marriage persons, out of which one is a citizen of one of the
the Contracting Parties and the other a resident of the other party, the conditions for the conclusion of the
marriage for each of them governed by the legal order of the Contracting Parties,
that they are citizens. Regarding the circumstances excluding the marriage must be
compliance with the requirements in addition to the legal order of the Contracting Party on whose
territory the marriage is concluded.
(2) the form of the marriage is governed by the laws of that Contracting Party,
on whose territory the marriage is concluded.
(3) the form of the marriage before the representative of the diplomatic mission
or consular authority that is authorised by one of the Contracting
States, shall be governed by the laws of this State.
(4) the validity of the marriage between citizens of the Contracting Parties is always required
maintaining civil forms.
Article 19
The personal and property relations of spouses
(1) if both spouses are nationals of one Contracting Party and have
residence in the territory of the other party, their personal and property
relationships are governed by the legislation of the Contracting Party of which they are citizens.
(2) if one of the spouses is resident in the territory of one Contracting Party
and the other, to the territory of the other party, and both spouses are citizens
the same Contracting Party, governed by their personal and property relations of the legal
regulations of the Contracting Party of which they are citizens.
(3) if one of the spouses is a citizen of one party and the other
a citizen of the other Contracting Parties is governed by their personal and property relations
legislation of the Contracting Party in whose territory they are or get your
the last common place of residence.
(4) if the spouses, Not covered by the provisions of paragraph 3,
common residence in the territory of any of the Contracting Parties is governed by their
personal and property relations of the legal order of the Contracting Parties, which the Court
the proposal was submitted.
(5) the judicial authorities of the Contracting Party of which they are citizens of both spouses,
are competent to make decisions about their personal and property relationships.
In the case that at the time of initiation of the proceedings the spouses have their domicile on
the territory of the other Contracting Party, the competent authorities of that Contracting
party.
(6) if one of the spouses is a citizen of one party and the other
a resident of the other party, then the competent judicial authorities of the Contracting
Party on whose territory they are or were last common residence, are
competent to make decisions about personal and property relations of the
the spouses. If the spouses had no common domicile, the competent authorities are
both of the parties.
Article 20
Divorce
(1) a divorce is governed by the legislation of the Contracting Party of which they are citizens
both spouses at the time of filing of the application instituting the proceedings.
(2) if one of the spouses is a citizen of one party and the other
a resident of the other party, the judicial authority, which is the divorce
the proceedings shall be decided under the law of his State.
(3) to divorce proceedings referred to in paragraph 1 of this article the competent
the judicial authority of the Contracting Party of which they are citizens by both spouses in the
the time of the submission of the proposal. If, at the time of the petition for divorce have both
spouses are domiciled on the territory of the other Contracting Party, it is also
the judicial authority of that Contracting Party.
(4) in the case referred to in paragraph 2 of this article the competent judicial
authority of the Contracting Party in whose territory they are or should both spouses
the last common place of residence. If one of the spouses is resident in
the territory of one Contracting Party and the second on the territory of the other Contracting Party shall be
the competent judicial authorities of the two Contracting Parties.
Article 21
Nullity of marriage
(1) determine whether or not the marriage and marriage
invalid shall be governed by the laws of a Contracting Party which, in accordance with
Article 18 of this Treaty was used in the celebration of the marriage.
(2) the jurisdiction of the authority shall be governed by the provisions of article 20 of this agreement.
Article 22
The legal relations between parents and children
(1) recognition, denial or filiation shall be governed by the laws of the
the Contracting Party whose nationality the child at the time of birth.
(2) as regards the form of the acknowledgement of paternity, it is sufficient, if it is satisfied
the law of the Contracting Party in whose territory the acknowledgement of paternity
occurs.
(3) legal relations between parents and children are governed by the legislation of the Contracting
Parties, of which the child is a citizen.
(4) How the judicial authorities of the Contracting Party in which the child is a citizen,
the judicial authorities of the Contracting Party in whose territory he resides, are
jurisdiction to rule on relations referred to in the previous paragraphs
This article.
The maintenance obligation
Article 23
(1) the maintenance obligations between parents and children are governed by the laws of the
the Contracting Parties, in which the citizen is a person entitled to maintenance.
(2) the procedure for the matters referred to in paragraph 1 of this article the competent
authority of the Contracting Party in whose territory the beneficiary resides.
Article 24
The Contracting Parties shall take all steps necessary to comply with the maintenance
obligations and the execution of a judgment or other decision of the judicial authority
relating to maintenance. The Contracting Parties shall take measures to ensure that transfers of
maintenance for minor children were dealt with on a priority basis and without restrictions.
Article 25
If the judicial authority of one Contracting Party are entitled to followed
maintenance against the debtor, who is staying in the territory of the other Contracting
the Parties shall provide the judicial authority of that Contracting Party at the request of assistance in
identify the source and amount of income of the debtor.
Adoption and its cancellation
Article 26
(1) acquisition, and its cancellation is governed by the laws of that Contracting Party,
the adoptive parent is a citizen at the time of filing of the application instituting the proceedings. In
the case referred to in article 27, paragraph 1. 2 of this agreement, when spouses are
the citizens of the different Contracting Parties, shall be complied with the conditions laid down
the laws of both Contracting Parties.
(2) the consent of the adopted child or other persons and bodies are governed by the
the legal order of the Contracting Parties in which the child is a citizen.
Article 27
(1) the procedure for the adoption and its cancellation, the competent authority of the Contracting
the party, of which he is a citizen of the adoptive parent at the time of initiation of the proceeding.
(2) if the adoptive parents are spouses, one of whom is a citizen of one of the
the Contracting Parties and the other a citizen of another Contracting Party, is to control the
adoption and its cancellation of the competent judicial authority of the Contracting Party in
which have or have had their last common habitual residence.
Guardianship
Article 28
(1) the commencement and termination of guardianship is governed by the legislation of the Contracting Parties,
of which he is a citizen of the guardianship.
(2) legal relations between the guardian and the ward shall be governed by
regulations of the Contracting Party, the authority of the appointed guardian.
(3) the adoption of guardianship and the obligation to act as a guardian shall be governed by
the legal order of the Contracting Parties, of which he is the guardian of a citizen.
(4) where the contract provides otherwise, decisions of the births and deaths of
the guardianship authority of the Contracting Party of which he is a citizen of the guardianship.
(5) the decision of the births and deaths of guardianship concerning
citizens issued by the authorities of one Contracting Party, have the efficiency
also on the territory of the other Contracting Party.
Article 29
(1) if it is necessary to appoint a guardian to protect the interests of the citizen one
the contracting party who has his domicile, residence or assets on the territory of the other
the Contracting Parties, the judicial authority of that contracting party immediately
inform the diplomatic mission or consular post of the other party.
(2) in cases of urgency, the competent judicial authority shall take the necessary
interim measures under its national law and without delay, to the
inform the diplomatic mission or consular post in accordance with paragraph
1 of this article. These measures will remain in effect until the judicial
authority of the other Contracting Parties shall not adopt other measures and judicial authority,
that interim measures adopted, is not informed about it.
Article 30
(1) the competent judicial authority in accordance with article 28, paragraph 1. 4 this agreement may
transfer of custody to the competent authority of the other Contracting Party, if
guardianship has its domicile in the territory of the other party. Migration
custody becomes effective as soon as the guardianship authority took over the
the other Contracting Party. The authority shall inform without delay of acceptance
the custody of the requesting authority.
(2) the competent authority of the Contracting Party referred to in paragraph 1 of this
Article custody took over, shall be governed by the laws of your state. This
authority is not empowered to decide on the personal status of the ward.
Article 31
Consequences of initiation of proceedings
Initiation of the personal and property relations of the spouses, on divorce
marriage and the legal relations between parents and children in
the judicial authority of one party prevents the same thing between
the same parties have been initiated proceedings before the judicial authority of the other Contracting
party. The judicial authority, which was the same claim later,
expresses its jurisdiction ex officio.
Chapter 3
Article 32
Form of legal acts
(1) the form of legal acts shall be governed by the laws of the applicable to itself
legal act. However, if it is satisfied the rule of law in force in the
the place where the legal act has occurred.
(2) the form of legal acts relating to immovable property shall be governed by
regulations of the Contracting Party in whose territory the immovable property is situated.
Article 33
Liability for damage
Commitment from the unlawful act or omission of the conferring
the obligation to compensate for damage shall be governed by the laws of the Contracting Party where the
such act or omission occurred. To control about these matters, it is
the competent judicial authority of that Contracting Party.
Chapter 4
Things inheritance
Article 34
The principle of equality
(1) by deriving from the law or from the will citizens of one party
to acquire property and rights in the territory of the other Contracting Parties under the same conditions
and to the same extent as its own citizens.
(2) citizens of a Contracting Party may, in a will to dispose of his
property located on the territory of the other Contracting Party.
Article 35
(1) the succession to movable property is governed by the laws of that Contracting Party,
of which the testator was a citizen at the time of his death.
(2) the inheritance of immovable property shall be governed by the laws of that Contracting Party,
on whose territory the immovable property is situated.
(3) an assessment of whether the assets that are the subject of succession, is considered to be
for movable or immovable, shall be governed by the laws of that Contracting Party in
whose territory the property is situated.
Article 36
Last will and Testament
(1) the capacity to establish or revoke a will, as well as the opposition in the
against the will of the testator on the basis of defects will or her speech or
on the basis of the other shortcomings of the will, is governed by the legislation of the Contracting
the party, of which he is a citizen of the testator at the time of the creation or cancellation
wills.
(2) the form of the establishment or revocation of a will is governed by the legislation of the Contracting
the party, of which he is a citizen of the testator at the time of the creation or cancellation
wills. A will is valid, if compliance with the provisions of the legal
the order of the Contracting Party in whose territory these acts occurred.
Article 37
Deaths
If under the law of a Contracting Party, which governs inheritance
legal relations, not heirs, the movable heritage of that Contracting Party,
of which the testator was a citizen at the time of death, the heritage the Contracting
the party in whose territory the immovable property is situated.
Article 38
Jurisdiction in matters of succession
(1) except in the case referred to in paragraph 2 of this article is to control the
the movable heritage of the competent judicial authority of the Contracting Party in which the
the testator was a citizen at the time of his death.
(2) if the entire movable heritage that has left one citizen
the Contracting Parties shall, in the territory of the other Contracting Party, shall consult on a proposal
the heir to the judicial authority of that Contracting Party, if it agrees to
all known heirs.
(3) for consideration of immovable heritage is always competent judicial authority
of the Contracting Party in whose territory the immovable property is situated.
(4) the provisions of paragraphs 1 and 3 of this article shall also apply to consultation
Probate disputes.
Article 39
Ensure heritage
(1) the authority of the Contracting Party in whose territory the heritage after citizens of the second
the Contracting Parties shall make under the law of their State of the measures needed
to ensure the heritage and to manage it. This also applies in cases where the
heritage can be a citizen of the other party.
(2) on the measures taken pursuant to paragraph 1 of this article,
the competent authorities shall immediately inform the diplomatic mission or consular
the authority of the other party, which may, in the performance measures to ensure
Heritage interact directly or through an agent. According to the
the proposal of a diplomatic mission or consular post may be made
the measures postponed, amended or repealed.
(3) in accordance with the proposal of the competent judicial authority to discuss heritage
the measure must be taken in accordance with paragraph 1 of this article,
amended or repealed.
Article 40
The publication of the will
The opening and publication of the will and to determine its status and content
as well as to its validity is the competent judicial authority of the Contracting
Party on whose territory the last will and Testament is located. If the deceased was in
the time of his death a resident of the other party, the judicial authority
that Contracting Party sent a certified copy of the will, and the Charter, which will be
the status and contents of the will. On request, it shall send the original of the will.
Article 41
Editions heritage
(1) if it is movable heritage in the territory of one Contracting Party, the
This heritage to discuss passed to the judicial authority or
the diplomatic mission or consular post of the Contracting Party of which he was
the deceased was a citizen at the time of his death, on the condition that compliance with the
the provisions of paragraph 4 (b). b) of this article.
(2) the fees of the immovable heritage selects the Contracting Party in whose
the territory of the real estate is located. Unless otherwise provided for in this agreement,
selects the fee of the movable heritage of the Contracting Party whose nationality was
the testator at the time of death.
(3) If, according to the results of consideration of the heritage of this shall become the heirs,
who are residing in the territory of the other Contracting Party, and it is not possible to pass
Heritage listed, or their agents, the heirs of the heritage
the diplomatic mission or consular office of that Contracting Party.
(4) the Heritage shall be issued under the conditions that:
and all are paid) taxes and fees associated with the heritage, or
their payment is ensured,
(b)), the competent authority issued the authorization necessary for the export of items that make up the
heritage or the transfer of sums
(c)) have been paid or secured all claims of creditors
the testator who have logged on within the time limit set by the legislation of the Contracting Parties,
on whose territory the heritage.
Chapter 5
The costs of proceedings
Article 42
Exemption from the claim of the security
(1) Citizens of one party who reside in the territory of one of
of the parties and before the authorities of the other party, cannot be
Save the composition of the defence of the security for the costs of the proceedings.
(2) the judicial authority of one Contracting Party may request from the citizens of the other
the Contracting Parties shall deposit of costs associated with the implementation of
evidence under the same conditions and to the same extent as its own
citizens.
Exemption from fees and management costs
Article 43
The citizens of one of the Contracting Parties shall have in the territory of the other Contracting Party shall be entitled to
exemption from judicial and notarial fees and free legal
behalf under the same conditions as its own citizens.
Article 44
(1) an application for an exemption pursuant to article 43 of the Treaty, the applicant may submit
also at the judicial authority of the Contracting Party of which he is a citizen. This request
can be linked with the application to open proceedings, for which the
the exemptions allowed.
(2) a request made under paragraph 1 of this article and, where appropriate, a proposal for the
initiation of proceedings will be sent to the judicial authority of the other party
in the manner laid down in article 3 of this agreement.
Article 45
(1) an application for an exemption pursuant to article 43 of the agreement is to be
attach proof of personal, family and financial circumstances
the applicant and the competent authority of the Contracting Party in whose territory the
applicant is resident.
(2) if the applicant is not resident in the territory of any Contracting Party may
confirmation of the release, the diplomatic mission or consular post of a Contracting Party,
of which he is a citizen.
(3) the judicial authority which shall decide on the request for an exemption, it may request
from the authority that issued it, or completion of data needed
the clarification.
Chapter 6
Recognition and enforcement of judgments
Article 46
(1) the Contracting Parties shall, under the conditions laid down in this agreement and acknowledge
shall carry out in its territory the following decisions of the judicial authorities of the other
the Contracting Parties:
and) decisions on claims of property nature in civil matters, as well as
Court-approved settlements in these matters,
(b)) the decision on the damages awarded in criminal proceedings.
(2) the Contracting Parties shall, under the conditions laid down in this agreement and acknowledge
shall carry out in its territory the decision the arbitration authorities if:
and) decision is based on a written agreement on the jurisdiction of the arbitration
authority and issued the arbitration body is specified by the agreement, within the limits of their
permissions established by the agreement, and
(b) the agreement on jurisdiction) of the arbitration body is valid in accordance with the legal
the order of the selected participants, and the rule of law has not been elected by the participants
the legal order of the Contracting Party in whose territory the decision is to be recognised
or enforced.
Article 47
(1) the decisions referred to in article 46 of this agreement will be recognised and enforced
under the conditions that:
and) the decision is final and enforceable under the law of a Contracting
Party on whose territory it was issued;
(b)), the authority which issued the decision was appropriate in accordance with the provisions of this
agreement or under the law of the Contracting Party in whose territory the
recognition or enforcement is sought;
(c)) about the same between the same participants have previously been issued a final
the decision of the authority of the Contracting Party in whose territory the decision is to be
enforced, or not, in the territory of that Contracting Party recognized final
the decision of a third State;
(d)), the decision was made on the basis of the law designated by this
the Treaty;
e) participant against whom the judgment was given, was not deprived of the possibility
to participate in the management and in the case of procedural incapacity options have
representative; the summons or petition have been delivered to the
your own hands;
(f)), the Contracting Party in whose territory the decision is to be recognised or
done, it considers that the recognition or enforcement would not undermine its sovereignty
or security or will not be in contradiction with the fundamental principles of its
the rule of law
.
(2) the Provisionally enforceable judgments and interim measures on maintenance
obligations may be within the territory of the requested Contracting Party, even if the
shall be subject to the ordinary legal remedies.
Article 48
(1) decision issued by the judicial authorities of one Contracting Party for
the status of the citizens of the other party shall in its territory
recognized under the conditions laid down in article 47 of this agreement.
(2) the recognition of a decision referred to in paragraph 1 of this article may request
Anyone who has a legal interest.
Article 49
Final decisions of the judicial authorities of one Contracting Party for
the status of its citizens are valid on the territory of the other Contracting
parties without review.
Article 50
To recognition and enforcement is the competent judicial authority
the Contracting Party in whose territory the decision is to be recognised or enforced.
Article 51
(1) the application for recognition or enforcement may be
filed directly with the judicial authority of the Contracting Party on whose territory it is to be
the decision recognised or enforced, or with the authority of the case decided in
the first instance. In this case, the proposal will be referred to the judicial authority
the other party in the manner laid down in article 3 of this agreement.
(2) to the application must connect:
and a certified copy of the decision), provided with the guidance of the legal authority and
enforceability or provisional enforceability, if the legal power,
the enforceability or provisional enforceability of decisions
the very;
(b)) a certified document showing that the party against whom the judgment was
issued, was to control properly and duly summoned in the case of procedural
incapacity, duly represented;
(c)) a certified translation of the annexes referred to in subparagraphs a) and b) of this paragraph
in the official language of the Contracting Party in whose territory the decision is to be
recognised or enforced.
Article 52
(1) the Authority deciding on the recognition and enforcement of a decision shall be limited to
establishing whether the conditions referred to in articles 47 and 51 of this
of the Treaty. If it finds that these conditions have been met, the decision to recognize or
orders his performance.
(2) unless otherwise provided in this agreement, the judicial authority which
decide on the recognition and enforcement of a decision, it shall proceed according to the rule of law
his State.
Article 53
(1) If a participant is exempt in accordance with article 42 of this agreement from
the obligation to lodge a security sentenced by a final decision to replace
costs of the proceedings, the judicial authority of the Contracting Parties on the draft
authorized free of charge execution of this decision.
(2) the provisions of article 51 of this agreement apply, mutatis mutandis, in the case of
referred to in paragraph 1 of this article.
(3) the authority which is competent to order the execution of the decision referred to in paragraph 1
This article shall be limited to the determination of whether a decision on costs
is final and enforceable.
Article 54
Authority of the Contracting Party in whose territory they were costs backed up
the State shall request the judicial authority of the other Contracting Parties to these costs
enforced. The amount collected shall surrender the diplomatic mission or consular
the authority of the requesting party.
Article 55
The provisions of this Agreement shall not affect the enforcement of the legal
regulations of the Contracting Parties regarding the money transfer or export things
obtained a decision.
Chapter 7
Sending of documents of civil status
Article 56
(1) the Contracting Parties shall send each other's statements from the Registry Office concerning
the citizens of the other party. Statements shall be sent free of charge
through the diplomatic missions or consular posts.
(2) the Contracting Parties shall send each other on request and free of charge for
official use extracts from the registers of the competent authorities in the manner specified in the
paragraph 1 of this article.
(3) citizens of one Contracting Party may send its request to send
extracts from the registers or other documents of civil status directly to the competent
authority of the other Contracting Party. The required documents will be sent to the applicant
through the diplomatic mission or consular post of a Contracting
party whose authority drew up the document. The diplomatic mission or consular
the Office selects when you pass the prescribed fees.
Article 57
(1) if the competent authority of a Contracting Party makes the record
additional information or correction in matrix concerning status
a citizen of the other Contracting Party, that Contracting Party shall send an extract from the register
with additional information or corrections.
(2) the Contracting Parties shall send each other copies of the final
decisions concerning the personal status of the citizens of the other party.
(3) the documents referred to in paragraphs 1 and 2 of this article will be sent
free of charge in the manner specified in article 56 para. 1 of this agreement.
Part III
The criminal case
Chapter 1
Article 58
The provision of legal aid
Unless otherwise provided in this section, the provision of legal aid in
criminal matters shall be governed by the provisions of part I of this agreement.
Article 59
Taking over of criminal prosecution
(1) one party will be in accordance with their legal order on the request of the other
the Contracting Parties to prosecute their own citizens for acts committed on the territory of the
the other Contracting Parties, which impose penalties the courts.
(2) the obligation to take over the prosecution of such violations of the law also covers
the order, which under the law of the requesting contracting party store
the courts, while the punishment under the law of the requested Contracting Party shall
only the infringement of the rule of law, which under the law of the requested
the Contracting Parties to impose measures other authorities than the courts.
(3) the claims of the injured persons to compensation applied in arriving at the
management will become part of the proceedings. The competent authorities of the Contracting Parties,
who took over the prosecution, in accordance with its legal structure,
so on the proposals for compensation, it was decided in the criminal
control.
Article 60 of the
The contents of the request to take charge of criminal prosecution
(1) a request for the taking over of criminal prosecution or its annex shall
include:
and) personal data, including citizenship,
(b)) a description of the facts,
(c)) evidence,
d) a certified copy of documents, if it is needed, otherwise the result of the investigation,
(e) a copy of the text of the provisions) to be applied to the action in accordance with the
the legal order in force in the place of committing a crime (including provisions on the
limitation periods),
(f)) the claim for damages.
(2) at the request of the requested Contracting Party shall provide the requesting contracting
side of the additional evidence.
(3) if the submission of the request to take charge of the proceedings is the accused in
custody or provisionally detained, will be taken care of his livestock in the territory
the requested Contracting Party.
(4) the requested Party shall inform the requesting Party of the final
decision. At the request of the requesting Contracting Party will be sent to one of her
a copy of this decision.
Chapter 2
The issue of
Article 61
Obligation to issue
The Contracting Parties shall, on request, be issued under the conditions laid down in
This Treaty, persons present in their territories, for the implementation of
criminal proceedings or for the enforcement of the sentence.
Article 62
Conditions of issue
(1) release for the implementation of the criminal proceedings is permissible only for the acts of
criminal, which under the law of both Contracting Parties may
be imprisonment of more than one year.
(2) the issue of the enforcement of the sentence is permissible only for the acts of a criminal
under the law of both Contracting Parties, for which the offender has been
imprisonment of more than one year.
Article 63
Refusal to issue
(1) for the issue does not occur if:
and the person is required) citizen of the requested Contracting Party,
(b)) the offence has been committed on the territory of the requested Contracting Party,
(c)) under the law of the requested Contracting Party cannot be opened
the criminal proceedings or the judgment cannot be enforced because of the lapse or
for other legal reasons,
d) issue is not permitted under the law of one of the Contracting Parties,
(e) the person was required) against the territory of the requested Contracting Party handed down
final judgment for the same offence or a criminal proceeding was
terminated by a final decision.
(2) in the event that the issue does not occur, the requested Contracting Party shall notify the
the requesting contracting party and shall communicate the reasons for which the release occurred.
Article 64
Extradition request
(1) the request for extradition for the implementation of the criminal proceedings shall be accompanied by arrest
the order, together with the statements of the Act, particulars of the evidence to justify the
suspected criminal activity, and a copy of the text of the provisions of
regulations that apply to the Act (including the provisions on limitation).
If the offence was caused by damage, it shall communicate the data about its extent and
the amount of.
(2) the request for extradition for the enforcement of the sentence shall be accompanied by a copy of the
final judgment, as well as the texts of the provisions of the law that
has been applied. In the event that the person's already performed part of the sentence, it should be
to disclose the details of its length.
(3) if possible, attached to the application for the issue of the description, data on
proportions and photos required by persons, as well as information about the State
citizenship and place of residence, if the following information does not arise from arrest
order or judgment.
Article 65
Add data to the application for release
Does not contain a request for the release of all the necessary information, the requested
Contracting Party to apply in addition to, and to determine the period into two
months. At the request of the requesting contracting party, this period may be
extended most of the next two months.
Article 66
Arrest for extradition purposes
After receipt of the request for the release of the requested Contracting Party shall, without delay,
measures to arrest the person required. These measures do not need to, if
Obviously, to issue under this agreement cannot occur.
Article 67
Provisional arrest
(1) at the request of a person can be arrested before the extradition request
If the competent authority of the requesting Contracting Party shall refer to the
an arrest warrant or a final judgment, and at the same time notify the request for
release. Request may be submitted by post, telex, radio, telephone
or in any other similar way.
(2) the competent authorities of one Contracting Party may without a request under
paragraph 1 of this article shall mean, arrest the person on their territory,
If the person is committed in the territory of the other Contracting Parties to act judicially
the crime for which the extradition under this agreement possible.
(3) on the arrest in accordance with paragraphs 1 and 2 of this article shall be the other Contracting
the party promptly informed.
Article 68
Release of arrested person
(1) the requested Party may release the person arrested on freedom,
If, within the period laid down in article 65 of the Treaty have not been sent
additional information.
(2) a person arrested under article 67 of this agreement may be dismissed on the
freedom, if the extradition request is not within two months from the date on which
the other party has been informed of the provisional arrest.
Article 69
Postponement of release
If the person whose extradition is sought, prosecuted, or if the
convicted of an offence in the territory of the requested Contracting Party may
be delayed until the end of the release of the prosecution, or to the end of the
enforcement of the sentence.
Article 70
Temporary release
(1) upon a reasoned request of the requesting Contracting Party may be the person on the
whose extradition is requested is temporarily released to carry out certain procedural
acts, if delay would release could result in limitation
criminal prosecution or could significantly impede the investigation of crime
She committed the person whose extradition is requested.
(2) a person must be Temporarily released after performing the acts for which the
released, returned without delay, and no later than three months from the date of the temporary
release.
Article 71
Request more States on the issue of
Where the release of the same person, the requested country shall decide
the party to whom a request. In doing so, shall take into account the State of citizenship
required by the person, as well as to the location and the severity of the crime committing.
Article 72
Limits punishable
(1) without the consent of the requested Contracting Party cannot be issued to a person
prosecuted or executed on it may not be the punishment for other offences, which
committed prior to the release of and that are not listed in the request for extradition;
It also cannot be released to a third State.
(2) the consent of the requested Contracting Party need not be, if:
and) issued a person who is not a citizen of the requesting contracting party,
has not left the territory of that Contracting Party within one month after the end of
criminal proceedings or after the end of the sentence, although it had the opportunity to
to do so. This time limit does not count the period during which the person issued
could not leave the territory of the requesting contracting party independent of their will;
(b)) issued by the person left the territory of the requesting contracting party and again
This territory voluntarily returned.
Article 73
The communication of the results of the criminal proceedings
The Contracting Parties shall notify each other of the results of the criminal proceedings against the
issued by the parties. If it was against those persons issued a final
judgment, will be sent a copy thereof.
Article 74
Release
The requested Contracting Party shall notify the other party in the place and date of issue
the requested person. If not taken in the requesting contracting party the released person
within 15 days after the given date, the person may be released on the
freedom. By agreement of the parties, this period may be extended,
However, the longest by a further fifteen days.
Article 75
The rerelease
Avoids the released person in any manner criminal proceedings or
the performance penalty for which was released, and if he returns, or is staying on
the territory of the requested Contracting Party, that person will be on a new request
the requesting Contracting Party published, without the need to submit
the documents referred to in article 64 of this agreement.
Article 76
The transit
(1) Each Contracting Party shall, at the request of the other Contracting Party, through its
the territory of the transit of persons, which was issued by a third State to the other Contracting
side. The requested Party may not transit permit if the issue
inadmissible under the provisions of this agreement.
(2) the transit request is submitted and dealt with in the same way as a request
about the issue.
(3) the authorities of the requested Contracting Party shall carry out the transit operation in a way that
deemed most appropriate.
Article 77
The cost issue and transit
(1) the costs of issue shall be borne by the Contracting Party in whose territory the incurred with
the exception of the costs for transportation, which shall be borne by the requesting contracting party.
(2) the cost of transit shall be borne by the requesting contracting party.
Article 78
The release of things
(1) the requesting party will be issued to things which have been used to
committing a crime for which the extradition under the provisions of this agreement may
as well as things that the perpetrator of such a crime to commit, acquired or
their consideration, and any other thing the perpetrators, which might be used
as evidence in criminal proceedings; these things will be issued in the event that the
extradition will not happen for his death or for any other reason.
(2) the requested Party may temporarily withhold things, whose release
is sought, if these matters needs to be in a different criminal proceedings.
(3) the rights of third parties to things shall remain unaffected. After the end of
criminal proceedings returns the things the requesting Contracting Party of the requested Contracting
side, that were passed to the beneficiaries. In the case that the legitimate
the person located in the territory of the requesting contracting party, they can be
the agreement of the requested Contracting Party things to pass directly.
Article 79
Communication of conviction
(1) the Contracting Parties shall inform each other about competent
judgements in criminal matters over the citizens of the other party
party.
(2) the competent authorities of one contracting party provide to the authorities of the other
the Contracting Parties shall, on request, free of charge, extracts from criminal records.
Part IV
Final provisions
Article 80
This agreement shall be ratified. The exchange of instruments of ratification,
take place in Hanoi.
Article 81
This agreement shall enter into force on the 30th day after the date of the exchange of
instruments of ratification and shall remain in force for five years.
Its validity shall be extended for a period of five years, if none of the
of the Contracting Parties denounces it in writing within six months before the expiry of
the current period of its validity.
Done at Prague on 12. October 1982 in two original copies, each in the
Czech and Vietnamese languages, both texts being equally authentic.
In witness whereof this agreement was signed by agents and getting it
the relevant seals.
From the power of the President of the Czechoslovak Socialist Republic:
Anthony K in r.
From the full authority of the President of the State Council of the Socialist Republic:
Hien Phan in r.
