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.
