The Treaty Between The Czechoslovak Socialist Republic And The Cyprus Republic On Legal Aid

Original Language Title: o Smlouvě mezi ČSSR a Kyperskou rep. o právní pomoci

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35893&nr=96~2F1983~20Sb.&ft=txt

96/1983 Sb.



DECREE



Minister of Foreign Affairs from 19 June. May 1983 on the contract between the

The Czechoslovak Socialist Republic and the Republic of Cyprus to

legal aid in civil and criminal matters



On 23 December 2005. April 1982 was in Nicosia signed a contract between

The Czechoslovak Socialist Republic and the Republic of Cyprus to

legal aid in civil and criminal matters.



With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the President of the Republic has ratified it.

The instruments of ratification were exchanged in Nicosia on 18. April 1983.



Treaty has entered into force, pursuant to article 48 paragraph 2 day

on May 18, 1983.



English translation of the Treaty shall be designated at the same time.



First Deputy:



Rehorek v.r.



CONTRACT



between the Czechoslovak Socialist Republic and the Republic of Cyprus to

legal aid in civil and criminal matters



The President of the Czechoslovak Socialist Republic and the President of the Republic of Cyprus

Republic,



guided by the desire to further develop the friendly relations and cooperation between the two

States in accordance with the final act of the Conference on security and

cooperation in Europe and guided by the desire to edit on the basis of reciprocity,

legal aid in civil and criminal law,



they decided to enter into this agreement and to this end have designated their

agents:



the President of the Czechoslovak Socialist Republic



Bohuslav Chnoupek, Minister of Foreign Affairs,



the President of the Republic of Cyprus



Nicose a. Rolandise, Minister of Foreign Affairs,



who, having exchanged their full powers, found in good and due

the form, have agreed as follows:



PART I



General provisions



Title 1



Legal protection and legal assistance in civil and criminal matters



Article 1



The legal protection of



(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Parties

the same legal protection in personal and property matters as citizens of other

the Contracting Parties.



(2) the citizens of one of the Contracting Parties may, before the judicial authorities of the other

the Contracting Parties appear and defend their interests under the same conditions,

as citizens of the other party.



(3) the provisions of this Treaty shall apply, mutatis mutandis, also to the legal

persons established under the law of one of the Contracting Parties that have

registered office on the territory of that Contracting Party.



Article 2



Legal aid



(1) the Judicial authorities of the Contracting Party, shall, in matters governed by

This agreement each other legal assistance.



(2) for the purposes of this agreement, the term "judicial authorities" refers to the courts and the

other authorities responsible for dealing with cases covered by this Treaty by

law of his State.



(3) for the purposes of this agreement, the expression ' civil ' also covers things

business, family, and work.



Article 3



The scope of legal aid



The Contracting Parties shall provide each other with legal aid implementation

individual acts, in particular by sending and service of documents and

the evidence adduced.



Article 4



How to contact



(1) the judicial authorities of the Contracting Parties in the implementation of this agreement

come together through the competent central authorities, if this

the contract provides otherwise.



(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 side of the Republic of Cyprus



-Ministry of Justice of the Republic of Cyprus.



(3) the central authorities of the Contracting Parties used during intercourse when you

the implementation of this agreement, its official languages and also English always.



Article 5



Request



(1) the request shall contain:



the requesting authority),



(b)) the designation of the requested authority,



c) description of the case, in which legal aid is requested,



(d)) first and last name of the participants, the accused, defendants or

the convicts, their place of residence or temporary residence, their

nationality and occupation, in criminal cases, if possible, the place and the

their date of birth, first and last names of the parents; for legal persons

their name and address,



e) name, surname and the address of their legal representatives, if they were

appointed,



(f) the subject of the request and information) that are needed for the execution of letters rogatory,



(g)) in criminal matters also description and designation of the Court to the offence.



(2) the request and the documents attached to it must be written in the language of the

the requested Contracting Party or a translation must be attached to this

language, or in the English language. Each translation associated with addressed letters rogatory

must be validated so authorised interpreter or a diplomatic mission

or a consular post of a Contracting Party.



(3) the request will be provided with an original signature and's official

stamp of the competent authority.



Article 6



Execution of the letters rogatory



(1) when processing the request, the requested authority shall proceed in accordance with the legal

the order of their State. However, it may, at the request of the applicant authority carry out

the request in the manner set out in it, if it is not in conflict with the legal

the order of the State.



(2) if the requested authority is not competent to execute the request,

It shall, without delay, the competent authority and shall inform the requesting

authority.



(3) if the address given in the request is not accurate or if the person

which the request refers, does not live at the address, the requested authority shall

the measures necessary to identify the correct address.



(4) the requested authority to the applicant authority shall be notified in a timely fashion directly, at its

request, place and time of the processing of the request.



(5) after the execution of the request, the requested authority shall, at the request of returns writings

to the requesting authority. In the case that it is not possible to comply with the request, it returns the

the requested authority of the writings of the applicant authority and simultaneously notify the reasons for the

that it is not possible to execute the request.



Article 7



Delivery



The requested authority shall carry out the service of documents under the law of their

State if the document to be served shall be drawn up in the language of the requested

Contracting Party or is accompanied by a certified translation into that language.

Otherwise, the requested authority shall be served on the addressee, if it is willing to

it voluntarily accept.



Article 8



Proof of delivery



(1) delivery confirmation signed by the beneficiary is established and provided with

's official stamp, date and signature of the authority or the delivering

a certificate issued by that authority stating the manner, place and time

delivery. To be served if it is sent in two copies, may

her acceptance and confirm delivery on the second copy only.



(2) proof of service shall be sent without delay to the requesting party. In

If it is not possible to perform the delivery, the requested Party shall notify the

without delay to the requesting party the reasons that prevent delivery.



Article 9



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 may not be used for law enforcement resources.



Article 10



Protection of witnesses and experts



(1) a citizen who is resident in the territory of one Contracting Party, and which has

to be heard before an authority of the other party as a witness or

the expert is not required to attend the summons of this body;

Therefore, the summons shall not contain the threat of compulsion for case

no-shows. If the requesting party considers the personal participation of the witness or

expert before its judicial authorities for the necessary, he shall state in the

the summons and the requested party witness or expert shall inform about it.



(2) a witness or expert who came to subpoena authority other

the Contracting Parties shall not be within its territory, irrespective of their State

citizenship prosecuted or taken into custody or may not be enforced

sentence imposed earlier by the Court for a judicial crime that was committed before the

crossing of State borders of the requesting contracting party. As well as

cannot be prosecuted or in connection with the filing of testimony or

the expert's report.



(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 seven days

as from the date on which the authority summoned him, announced that its presence

It is not necessary. In this period, a period during which a witness

or expert was unable to leave the territory of the Contracting Party of the reasons for it

independent.



(4) the Defendant citizen has the right to compensation for the costs of travel and stay, as well as

and loss of earnings, and an expert in addition to insurance. In the summons,

indicating the refund předvolanému belongs, and, on request, provide him with a

advance on the reimbursement of expenses.



Article 11



The cost of legal aid



(1) the contracting parties do not claim the costs of implementation desired

acts of legal aid in addition to the fees and other expenses incurred in

connection with the implementation of expert evidence.



(2) the implementation of the expert evidence can bind to the condition of the deposit.



(3) the requested authority shall notify the requesting authority, on request of

the costs incurred by executing the request.



Article 12



Refusal of legal aid




Legal aid may be refused if the requested Contracting

the party considers that execution of the letters rogatory, would be in breach of its legal

regulations or public policy or would be compromised or undermined her

the sovereignty or security.



Article 13



Legal information



(1) the Contracting Parties shall, on request, provide information on the law of the sea,

that apply or apply in their territory, as well as the texts of the laws,

regulations.



(2) the request for information shall contain the designation of the authority for which is

required, as well as the essence of things, in the context of the information

asks. If it is necessary to clarify the content of the application, they can be

accompanied by copies of documents.



Article 14



The validity of documents



(1) a document issued or certified in the prescribed form and bears

official stamp the relevant State authority or public official

(interpreter, expert) do not require a Contracting Party to the territory of the other

the Contracting Parties to authenticate. This also applies to signatures on papers and for

signatures that have been validated according to the rules of one of the Contracting Parties.



(2) of the Charter, which are on the territory of one of the Contracting Parties considered

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

party.



Article 15



The survey addresses and other data



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

the survey addresses of persons residing on their territory, if necessary

to the exercise of the rights of their citizens.



(2) if the judicial authority of one Contracting Party are entitled to followed

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

the Contracting Party shall provide, on request, assistance in finding sources and above

the income of that person.



(3) After the implementation of this Treaty, doubts about the State

citizenship of a person, a party shall notify the other Contracting

side, at her request, whether that person is a citizen.



Title 2



Sending of documents of civil status and other documents



Article 16



(1) the Contracting Parties shall send each other's listings of the official registers of the

birth, marriage and death of the citizens of the other party,

as well as the communication of any changes in these registers.



(2) the competent authorities of one Contracting Party shall send these extracts of the other

party official, free of charge, through the diplomatic channel.



Article 17



The competent authorities of the Contracting Parties shall send each other copies of the

decisions concerning the personal status of the citizens of the other party,

which has acquired legal force.



Title 3



The costs of proceedings



Article 18



Exemption from fees and advances



Citizens of one party who act before the authorities of the other Contracting

the parties, if they are to stay in the territory of one Contracting Party, it is not possible

Save the composition of the defence security for the costs of the proceedings only for the reason that

are aliens or on the territory of the other Contracting Parties shall not stay.



Exemption from fees and advances



Article 19



The citizens of one of the Contracting Parties shall have in the territory of the other Contracting Party shall be entitled to

granting of the exemption from judicial, notarial and administrative fees, and

backups, other costs and the granting of additional benefits relating to

charges under the same conditions as the nationals of the other Contracting Party. The same thing

also applies to the provision of free legal counsel.



Article 20



(1) exemption pursuant to the provisions of article 19 of this Agreement shall be

the basis of the personal and financial circumstances of the applicant. This

a confirmation issued by the competent authority of the Contracting Party in whose territory the

the applicant shall stay.



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

which issued the certificate request data or needed clarification.



Article 21



If the competent authority admitted the exemption under article 19 of this

the Treaty, a citizen of the other party, this exemption shall apply to the

full control, and also to the enforcement proceedings.



Article 22



If a citizen of one of the contracting party making the request for exemption

under article 19 of this agreement, the competent authority of the other Contracting

the parties may do so before the competent authority according to the place of their

the stay. That authority shall forward the application, together with a certificate issued by

Article 20 of this agreement, the competent authority of the other Contracting Party.



PART II



Recognition and enforcement of judgments



Article 23



(1) the Contracting Parties shall recognise and execute in its territory, this decision

issued on the territory of the other Contracting Party:



and the decision of the courts) in civil matters, as well as the Court-approved settlements

in these matters,



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

other civil rights,



(c) the decision of the arbitration authorities) as well as the settlements closed before them.



(2) the decision of the courts in that sense, consider also the decision in

matters of succession issued by the authorities of a Contracting Party which, according to the legal

the order of the Contracting Parties shall be competent for the proceedings in the matters of succession.



Article 24



The decisions referred to in article 23 of this Treaty, shall be recognised and enforced in

the conditions that:



and has the power of decision) and shall be enforceable under the law of

the Contracting Party in whose territory it was issued;



(b)) shall not preclude the recognition and enforcement of exclusive competence of the authorities of the Contracting Party

the territory of which recognition and enforcement is sought;



(c)), against which the judgment was given, and that the management of the

, was under the law of the Contracting Party in whose territory the

a decision has been properly and timely summoned to attend and

in the proceedings to defend their interests, and in the case of procedural incapacity was

duly represented;



(d)) decision does not conflict with a decision that has come into legal force,

issued previously between the same participants on the same case, the Court of the Contracting Parties,

on whose territory the enforcement is to be enabled;



(e)) before the authority of the requested Contracting Party does not take place between the same

participants of the same case, which was launched as the first;



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

that the recognition or exercise of her sovereignty will not be compromised or

safety;



g) recognition of the judgment does not conflict with the public policy of the State in

which is the seat of the requested court;



h) decision was not achieved by fraud.



Article 25



The decision of the arbitral authorities will be recognised and enforced under the conditions

referred to in article 24 of this agreement, 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,



(b) the agreement on jurisdiction) of the arbitration body is valid in accordance with the legal

the order of the Contracting Party in whose territory the decision is to be recognised or

enforced.



Article 26



(1) the application for recognition or enforcement may be empowered to

to the competent judicial authority of the Contracting Party in whose territory the

the decision to recognise or execute, either directly, or as provided for in

Article 4 of this agreement.



(2) the application for recognition and enforcement shall be filed within a time limit to

laid down by the laws of the State in which recognition and enforcement is sought.



(3) to the application shall be accompanied:



and) judicial decision or a certified copy of this decision with the confirmation of

the legal force of the enforcement, and if these facts does not arise from

the wording of the decision;



b) proof that the party against whom the judgment was given, and

who did not participate in management, was under the law of the Contracting Party in

whose territory a decision has been summoned in a timely manner, in order to

could appear in the proceedings and defend their interests, and in the case of procedural

disability was properly represented;



c) certified translation design and documents referred to in points a and b) of this)

paragraph into the language of the requested Contracting Party or into English.



Article 27



(1) the judicial authority, which decides on the application for recognition and enforcement

the decision examines whether the conditions referred to in articles 24, 25

and 26 of this agreement. K to decide on recognition and enforcement of a decision is

the competent judicial authority of the Contracting Party in whose territory the

the decision to recognise and execute.



(2) the Judicial authority of the Contracting Party in whose territory the decision recognises the

or exercised, it shall proceed according to the law of their State.



Article 28



(1) if the composition of the party effecting the claim from security for the

the costs of proceedings referred to in article 18 of this Treaty by a decision

the judicial authority of one Contracting Party that has power,

pay the costs of the proceedings, the decision on the proposal of a competent person

runs on the territory of the other contracting party free of charge.



(2) the application and its annexes shall be drawn up in accordance with article 26 of this agreement.



(3) the judicial authority which shall decide on the enforcement of the decision referred to in paragraph

1 of this article shall be limited to the determination of whether a decision on costs

control has power and is enforceable.



Article 29



Authority of the Contracting Party on whose territory in matters that have ended

enforceable decision, the costs of the proceedings, request the State to back up

the competent judicial authority of the other Contracting Party that the costs and charges

He chose. The judicial authority of the amount collected shall surrender the Contracting Party whose

authority of the recess.



PART III



The criminal case



Title 1



Article 30




Taking over of criminal prosecution



(1) each Contracting Party undertakes, at the request of the other party

launch in accordance with its legal order, criminal prosecution against his

citizen who is in the territory of the other Contracting Party has committed a legally

of the offence.



(2) the application shall be accompanied by all the necessary documents; in the case that these

papers are not sufficient, they will, at the request of the Contracting Party

launched prosecutions, sent additional information.



(3) a Contracting Party which has launched a criminal prosecution, it shall notify the other

the result of the proceedings the Contracting Party as soon as possible. Will be issued

final judgment, shall be sent at the request of a copy thereof.



Title 2



The issue of



Article 31



Obligation to issue



(1) the Contracting Parties undertake, subject to the conditions laid down in this

the contract shall be issued on request to make of the criminal proceedings or for the performance of

the punishment of the person residing on their territory.



(2) issue for the implementation of the criminal proceedings is permissible only for the offences, for

that may be imposed under the laws of both Contracting Parties by deprivation of

freedom for more than twelve months.



(3) release to the enforcement of the sentence is permissible only for offences punishable under the

the laws of both the Contracting Parties for which the requested person was extradited, sentenced to

imprisonment for at least 12 months.



(4) with the exception of the provisions of article 32 (a). and) and c) cannot be refused

the release of people who have committed unlawful acts against the safety of

Civil Aviation within the meaning of the provisions of the Convention for the Suppression of

unlawful seizure of aircraft, signed at 16. 12.1970 in the Hague and

The Convention for the Suppression of unlawful acts against the safety of

of civil aviation, signed by 23. 9.1971 in Montreal, as well as the people,

to have committed unlawful acts within the meaning of the provisions of other

international conventions against terrorism, of which the Contracting Parties are

or will the Czechoslovak Socialist Republic and the Republic of Cyprus.



Article 32



Refusal to issue



The issue does not occur if:



and the person is required) citizen of the requested Contracting Party on the date of delivery of the

requests for extradition;



(b)) the legally the offence has been committed on the territory of the requested Contracting Party;



(c)) under the law of the requested Contracting Party, criminal proceedings cannot

be brought or the judgment cannot be enforced because of the lapse or from

other legal reasons;



(d)) is not permitted under the law of one of the Contracting Parties;



e) against the person whose extradition is requested was for the same offence on the Court

the territory of the requested Contracting Party handed down a final judgment or criminal

the procedure was stopped by a decision that has come into legal force;



(f)) under the law of one of the Contracting Parties to the prosecution

launches the proposal.



Article 33



Extradition request



(1) the request for extradition must contain the name and surname of the person whose extradition

is requested, the date and place of birth, her country of citizenship, the details of the

her stay, details of protest, and on the amount of damages, if the Court

the offence caused.



(2) the request for extradition shall be attached to the criminal proceedings a certified copy

the arrest warrant, or other instrument having the same force, description

Court of the offence and the provisions of the legislation of that

apply to indictable offence had been committed, required by the person. If it was

committed indictable offence against property, notify also the amount of damages,

that was or could be legally caused by the criminal offence.



(3) the request for extradition for the enforcement of the sentence shall be accompanied by a certified copy

the judgment, which took legal force, as well as the texts of the provisions of

legislation under which the Court shall be assessed by the offence, if the

already performed part of the person's sentence, what part shall be performed.



(4) the requesting Party shall not be obliged to attach to the application for release

evidence of guilt required by the person.



Article 34



Arrest for extradition purposes



In the event that the request for extradition is justified enough under this

of the Treaty, the requested Contracting Party shall take the necessary measures, without delay,

in accordance with their national legal systems to the arrest of the person whose extradition is requested.



Article 35



Completion of the application for the issue of



(1) If an extradition request does not contain all the necessary information, you may

the requested Contracting Party may request, within a time limit to her within two months

sent additional information. This request must be within the specified period

to comply with the. The time limit may be serious grounds for the request,

extended.



(2) if the requesting party does not send the requested additional information

within the time limit referred to in the request, the requested Contracting Party the arrested person

lay off.



Article 36



Provisional arrest



(1) the arrest may be carried out even before receiving the request for extradition, if

the requesting contracting party expressly so requests, and shall give notification that was issued

an arrest warrant or other instrument having the same force, or

judgment, on the basis of which it will ask for release. A preliminary request

the arrest may submit by mail or telegram.



(2) the other party must be about the arrest under the preceding paragraph

notified without delay.



Article 37



Release of arrested persons provisionally



A person arrested pursuant to article 36 of the Treaty can be dismissed,

If the extradition request does not occur within the period specified by the requested Contracting

side not exceeding one month from the notification of the preliminary arrest

the requesting contracting party.



Article 38



Postponement of release



If the person whose extradition is requested is prosecuted, exercised or

to execute a sentence of imprisonment for an indictable offence had been committed on the

the territory of the requested Contracting Party may postpone the release until the end of

a criminal prosecution or to the end of the sentence or the abandonment of the

punishment or remission of sentence.



Article 39



Request more States to grant



If the extradition of the same person calls several States, requested Contracting

the party will decide on the request. In doing so, shall take into account to the State

citizenship required of a person, the severity of the offence and the Court place

a criminal offence, as well as at the date of filing of the applications.



Article 40



The limits of criminal prosecution issued by the people



(1) without the consent of the requested Contracting Party shall not be issued to a person criminally

prosecuted or it may not be enforced for another court-criminal

the Act had been committed before the release, for which release has been enabled.



(2) without the consent of the requested Contracting Party shall not be issued to a person released

to a third State.



(3) the consent of the requested Contracting Party is not required if:



and the person leaves the territory) issued the requesting contracting party into one

months after the end of the prosecution or after the sentence; into this

the time limit does not include the period during which the person could not issued to leave the

the territory of the requesting contracting party, irrespective of their will;



(b)) issued by the person left the territory of the requesting contracting party and again

This territory voluntarily returned.



Article 41



Surrender of the requested person



The requested Contracting Party shall notify the requesting Contracting Party place and time

the handover. If the requesting party does not take this person to

seven days from the date set for the release, it may be the requested person

released. At the request of one of the Contracting Parties, this period may be

extended for a further seven days.



Article 42



Re-release



Avoids the released person criminal prosecution or the execution of punishment and

If he returns to the territory of the requested Contracting Party, will be on a new request

released without the submission of documents referred to in article 33 of this agreement.



Article 43



The communication of the results of the criminal proceedings



The requesting Contracting Party shall notify the requested Party result

criminal proceedings against the released person. If the judgment was passed against this person

the judgment shall, after legal force, a copy thereof.



Article 44



The cost of issue



Costs associated with the issuing Contracting Party shall bear, on whose territory arose.

Transport costs shall be borne by the requesting contracting party.



Article 45



The release of things



(1) the requesting Party shall be used things, required by the person

to commit indictable offence for which the extradition under this

the contract possible, as well as the things that this person has received in the context of

shall be a criminal offence, as well as things that may serve as evidence;

these things shall be issued even if the release of the requested person

does not occur.



(2) the requested Party may temporarily postpone the release of the requested things

If they are needed in a different criminal proceedings.



(3) the rights of third parties to things shall remain unaffected. After the end of

the criminal proceedings will return these things to the requesting Contracting Party of the requested

Contracting Party, so that they can be returned to the beneficiaries. In justified

cases and with the consent of the requested Contracting Party may be the stuff returned

the beneficiaries directly.



Title 3



Special provisions on legal assistance in criminal matters



Article 46



Notification of conviction



(1) the Contracting Parties shall report to the reports of the judgments in criminal

matters and other measures which the courts of one of the Contracting Parties to issue

to the citizens of the other party.



(2) on the basis of a reasoned request, the Contracting Parties shall communicate to the convicting


judgments on persons who are not citizens of the requesting contracting party.



(3) the Contracting Parties shall, on request, be sent to the fingerprints of persons referred to in

paragraphs 1 and 2 of this article, if it is possible.



Article 47



Extracts from criminal records



Authorities of one Contracting Party shall forward to the judicial authorities of the other Contracting

the parties, at their request, extracts from criminal records.



PART IV



Final provisions



Article 48



(1) this Treaty shall be ratified. The exchange of instruments of ratification will be

performed in Nicosia.



(2) this Treaty shall enter into force on the thirtieth day after replacing the

instruments of ratification.



Article 49



This Treaty is concluded for an unlimited period of time. Any Contracting Party may

May terminate the contract by written notification through diplomatic channels. Notice of termination

shall take effect six months after its delivery.



The evidence that agents of the two parties have signed this agreement and join the

his seal.



Done at Nicosia, 23 December 2003. April 1982 in two original copies in the

the language of English.



For the Czechoslovak Socialist Republic:



Bohuslav Chňoupek v.r.



For the Republic of Cyprus:



Nicos a. Roandis v.r.