On The Treaty Between The Czechoslovak Socialist Republic And The Italian Republic On Legal Assistance In Civil Matters.

Original Language Title: On The Treaty Between The Czechoslovak Socialist Republic And The Italian Rep. On Legal Assistance In Civil Matters.

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38871&nr=508~2F1990~20Sb.&ft=txt

508/1990 Coll.



The communication from the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs says that the day 6. December

1985 in Prague was signed the Treaty between the Czechoslovak Socialist

Republic and the Italian Republic on legal assistance in civil and

criminal.



With the Treaty, in favour of approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the President of the Czech and Slovak Federal

Republic has ratified it. The instruments of ratification were exchanged in Rome on

September 24, 1990.



Treaty has entered into force, pursuant to article 49, paragraph. 2 on 1 July.

November 1990. That date has expired, the Convention between the Republic of

Czechoslovak and Kingdom of Italian on the legal protection of the State

members of the 6. in April 1922, the renowned No. 126/1926 Coll., Convention between

The Czechoslovak Republic and the Kingdom of the Italian of enforceability

of judgments in civil and commercial matters of the 6. in April 1922, the renowned

No. 127/1926 Coll., and the Convention between the Czechoslovak Republic and the Kingdom of

the Italian on the release of criminals from the 6. in April 1922, the renowned No. 128/1926 Sb.



The Czech version of the Treaty shall be designated at the same time.



Contract



between the Czechoslovak Socialist Republic and the Italian Republic on the

legal aid in civil and criminal



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

of the Republic,



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

accordance with the provisions of the final act of the Conference on security and

cooperation in Europe and the



in order to improve mutual cooperation in the legal field,



have agreed as follows:



Title I Of The



General provisions



Article 1



The legal protection of



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

the same rights and the same legal protection of personal and property matters

as its own citizens.



(2) the citizens of one of the Contracting Parties in the territory of the other Contracting Parties to the

the application of and defend their interests free access to the judicial authorities of the

parties under the same conditions as the nationals of the other Contracting Party.



(3) the provisions of this Treaty, the citizens of the Contracting Parties shall apply

mutatis mutandis to legal persons established under the law of one of the

of the Contracting Parties.



Article 2



Legal aid



(1) the judicial authorities of the two Contracting Parties shall provide each other the legal

assistance in matters covered by this Treaty.



(2) Contracting Parties shall provide legal assistance to the implementation of the

different actions, in particular vyhotovováním, sending and delivery

documents, implementation of evidence and expert opinions, the questioning of the participants,

witnesses and defendants and ensuring the factual evidence and forwarding.



Article 3



Definition of terms



(1) For the purposes of this Treaty, the expression "civil" also includes things

family, work and business.



(2) for the purposes of this agreement, the term "judicial authority" indicates each State

authority of a Contracting Party competent to discuss the matters governed by

This Treaty under the law of his State.



(3) For the purposes of this Treaty, the central authorities in Czechoslovakia

the General Prosecutor's Office of the Czechoslovak Socialist Republic

the Socialist Republic, the Ministry of Justice of the Czech Socialist

the Ministry of Justice of the Slovak Republic and the Socialist

of the Republic; in the Italian Republic Ministry of Justice.



Article 4



How to contact



The judicial authorities shall send a request for the service of documents and the provision of

legal aid, if this Treaty does not provide otherwise, through

their central authorities.



Article 5



The language of the



(1) the central authorities of the Contracting Parties used in mutual contact during

the implementation of this agreement, its official language or the language of the French.



(2) the request, including the annexes thereto, shall be drawn up in the language of the requesting contracting

Parties with a translation into the language of the requested Contracting Party or

the French.



(3) Translation associated with dožádáním must be taken officially laid down

an interpreter service or authenticated by the diplomatic mission or consular post

one of the Contracting Parties.



Article 6



Request



(1) the request for assistance must contain:



and the designation of the applicant authority);



(b) the designation of the requested authority), if it is possible for this result;



(c) the subject of the request), the operations to be carried out;



(d)), in which case the designation of legal assistance is sought;



(e) the designation of the participants, the accused), the defendants and, where appropriate, their

representatives, their place of residence or temporary residence, their State

citizenship and profession, in criminal matters, in accordance with the place and date options

of their birth, and the names and surnames of the parents; in the case of legal persons, their

the name and registered office;



(f)) in criminal matters also the summary presentation of the facts and

the legal designation of the Court of the crime and the corrupted data and any

the amount of the damages.



(2) the request for legal aid must be provided with a copy of the date,

the original signature and the imprint of the official stamp.



Article 7



The execution of the request



(1) the authority shall proceed when dealing with the request, the requested Contracting Party

under the law of his State. May, however, at the request of the requesting authority,

the Contracting Parties shall execute the request in the manner set out in it, if it is not

in conflict with the law. The request must be dealt with as

as soon as possible.



(2) if there is no central authority to whom the request has been sent, the,

the ex officio to the competent central authority and

It shall inform the requesting authority thereof.



(3) if the address in the request is not accurate, or is not known,

or if the person concerned, request the address do not live,

the requested authority shall take the necessary measures for its findings. If he can't be

the address is detected, the request will be returned to the requesting contracting party.



(4) the requested authority shall inform the requesting authority at its request on time instead of

and for the processing of the request. Authorities and the persons the request relates,

may be present his handling, if the requested Contracting

party agrees.



(5) after the execution of the request, it returns the requested Contracting Party requesting files

the Contracting Party; in the event that the request could not be completed, returns

writings and notify the reasons which prevent the execution of the request.



Article 8



Delivery



The requested authority shall arrange for the service of documents, if the en

the document is drawn up in the language of the requested Contracting Party or

connected by an official or certified translation into that language. Otherwise, the requested

the authority shall forward the document to the addressee, only if it is willing to accept it.



Article 9



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

This body issued a certificate, which contains the method, location and

the date of delivery. If it is to be served is sent in two

copies, you may confirm its acceptance and delivery on the second

copy only the data above.



(2) proof of service shall send the requested Contracting Party shall promptly

the requesting contracting party. In the event that it is not possible to perform the delivery,

the requested Contracting Party shall notify the other party without delay of the reasons

that prevent delivery.



Article 10



Legal information



One Contracting Party shall, at the request of the other, in their own language, information

of its legislation, including the text of these regulations, as well as on the

the practice of the judicial authorities.



Article 11



Sending documents of civil status



One party to the other shall be sent free of charge to the instruments of personal status and

extracts from registers, as well as documents relating to the status and eligibility

persons, if these documents are required for the purposes of legal proceedings.



Article 12



The validity of public documents



The Charter, which are on the territory of one of the Contracting Parties considered

the public have in the implementation of this Treaty, the burden of too much public documents

also on the territory of the other Contracting Party.



Article 13



Exemption from authentication



Of the Charter, including their copies and translations, issued or certified by the competent

authority of one of the Contracting Parties and bearing the signature and the imprint of the official

the stamps, drawn up in the context of the dožádáním, do not require the territory of

the second party verification.



Article 14



The processing of the request of diplomatic missions or consular offices



The Contracting Parties may serve documents and interrogate their citizens

It is also through their diplomatic missions or consular posts

authorities; in doing so, however, may not be used, in law enforcement resources.



Article 15



The cost of legal aid



The Contracting Parties shall not be required to pay the costs of legal assistance in addition to the

expert witness fees, and other charges incurred in connection with the implementation of

the expert evidence.



Article 16



Refusal of legal aid



Legal aid may be refused only if:



and) the requested Contracting Party considers that the execution could threaten its

sovereignty, or its safety or would be in contravention of its

public policy;



(b) the request relates to the Act), for which, under the provisions of this Treaty is not

possible release.



Article 17



The protection of witnesses and experts



(1) a witness or expert who is the authority on the basis of the summons
the requesting contracting party came to this authority may not be in the territory of

the requesting contracting party, irrespective of their nationality, criminal

prosecuted, arrested or subjected to any other restriction of personal liberty for acts

or criminal acts committed before crossing national borders

the requesting contracting party.



(2) the provisions of the preceding paragraph shall not apply after the expiry of the fifteen

days from the date on which the requesting party witnesses or experts shall be delivered

communication, that his presence is no longer required. In this period,

shall, after which the witness or expert is unable to leave the territory

the requesting Contracting Party of the reasons for it.



The provisions of the preceding paragraph shall not apply to the witness or expert,

that has left the territory of the requesting contracting party and volunteered to be there

returned.



(3) a witness or expert who is summoned has the right to the reimbursement of travel and

stay, as well as for loss of earnings and an expert in addition to insurance. In

the summons shall indicate what compensation předvolanému belongs to. At the request of his

provide advance on the reimbursement of expenses.



(4) a person who resides in the territory of one Contracting Party, and which has to be

heard before the judicial authority of the other Contracting Party as a witness

or expert, it is not obliged to attend the summons of authority;

the summons because it cannot contain the threat of compulsion for case

no-shows.



Article 18



Exemption from the composition of the defence security



The citizens of one of the Contracting Parties, who act before the judicial authorities of the

the other Contracting Party if they have a place of residence or temporary residence on the territory of the

one of the parties, it is not possible to lay down their pleas

Security for costs of the proceedings just because they are foreigners, or that the

the territory of the other Contracting Parties do not have a residence or temporary stay.



Article 19



Execution of a decision on costs



(1) where a person exempted from the composition of the defence of the security for costs

procedure referred to in article 18 of this Treaty by a final decision

the judicial authority of one Contracting Party to pay the costs of the proceedings, the

This decision on the proposal of a competent person within the territory of the other Contracting

the parties free of charge.



(2) design and its annexes shall be drawn up in accordance with article 25 of this Treaty.



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

paragraph 1 of this article, shall be limited to the determination of whether the decision of

costs shall be enforceable.



Article 20



Exemption from fees and advances



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

provides an exemption from court fees and advances, other costs

management and other benefits under the same conditions and in the same

as the citizens of the other party.



(2) the provisions of the preceding paragraph also applies to the provision of free

legal power.



(3) If one party admitted the benefits referred to in the previous

paragraphs citizen of the other party, apply to the whole of the proceedings and

also on the management performance of decisions, under the same conditions and in the same

as for the citizens of that Contracting Party.



Article 21



A certificate of the applicant's personal circumstances and property



(1) if the benefits under the provisions of article 20 of this agreement depends on the

or the applicant's personal assets, shall be provided on the basis of

a certificate of the applicant's personal circumstances and property issued by the

the competent authority of the Contracting Party in whose territory the claimant resides.



(2) if the applicant is not resident in the territory of any of the Contracting Parties, may

the certificate issued by the diplomatic mission or consular post of a Contracting Party,

of which he is a citizen.



(3) the authority which issued the certificate, which is accepting or which has

decide on the requests for benefits, may, from the authority of the other Contracting Party,

to request additional information or clarification required.



Article 22



Submission of applications for the granting of benefits



A citizen of one party who intends on the territory of the other Contracting Party

submit an application for the granting of the benefits referred to in article 20 of this agreement, you may

do so by the competent authority of the place of residence or

temporary residence. The authority shall forward the application together with the certificate

issued in accordance with article 21 of the Treaty, the judicial authority of the other Contracting

the parties.



Title II



Recognition and enforcement of judgments in civil matters



Article 23



The decision, which shall be recognised and enforced



One party shall recognise and execute in its territory following the decision of the

the judicial authorities of the other Contracting Party:



and decisions) in civil matters;



(b)) approved settlements concluded in civil matters;



(c)) decisions in criminal proceedings relating to the compensation and

return of the goods.



Article 24



The conditions for the recognition and enforcement of decisions



(1) the decisions referred to in article 23 of this Treaty shall recognise and

they perform under the conditions that:



and the decision was given in) the legal stuff, which does not fall within the exclusive

the powers of the requested Contracting Party or of a third State in accordance with the laws of the

the requested Contracting Party or of a contract concluded between that Contracting

a party and a third country;



(b)) acquired the authority and shall be enforceable under the law of a Contracting

the Party on whose territory it was issued;



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

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

the decision was issued in a timely manner and duly summoned to participate in the proceedings and in

the case of procedural incapacity was duly represented;



(d)) on the territory of the Contracting Party where a decision is to be recognised or enforced,

It was not between the same parties in the same judgement, which has

legal power;



(e)) before the judicial authority of the Contracting Party on whose territory it is to be

the decision recognised or enforced, not between the same participants

about the same things, which was launched as the first;



(f)), the Contracting Party in whose territory the recognition or enforcement is sought,

that recognition or enforcement will not endanger its sovereignty or security

or will not be in conflict with public policy.



(2) Preliminary decisions and interim measures shall be enforceable in the territory of

the requested Contracting Party shall recognise and exercise, even if they are subject to the ordinary

legal remedies, if a similar decision may be issued

and enforced.



Article 25



Proposal for a decision on the recognition or enforcement of



(1) a proposal for the recognition or enforcement of a decision may be made directly to the

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

the decision to recognise or execute. The proposal may also be submitted to the judicial

the authority, which in the case of first instance decided as a body, or

through the diplomatic channel. In the two latter cases, the proposal

It shall refer to the authority of the other party in the manner referred to in article 4 of this

of the Treaty.



(2) a proposal for the recognition or enforcement of the decision shall be accompanied by:



and a certified copy of the decision) of the judicial authority with proof of legal power

and enforceability or provisional enforceability, if these facts

does the content of the decision;



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

that is, management was in accordance with the law of the Contracting Party in

whose territory the decision was issued, properly and timely summoned to participate in the

management, and in the case of legal or personal incapacity has been properly

represented, if it does not follow from the wording of the decision;



(c) a certified translation of documents) referred to under letters a and b))

paragraph into the language of the Contracting Party on whose territory a decision has to be

recognised or enforced, or in the language of French.



Article 26



The procedure for recognition and enforcement



(1) the judicial authorities of the Contracting Parties shall act in the proceedings for the recognition and

enforcement in accordance with the laws of their States, if not in this

the Treaty provided otherwise.



(2) the judicial authority, which shall decide on the recognition or enforcement of decisions,

be limited to establishing whether the conditions referred to in articles 23 and 24

of this contract.



Title III



Legal assistance in criminal matters



Article 27



Link



The provisions of title I of this Treaty shall apply mutatis mutandis to the provision

legal assistance in criminal matters.



Article 28



Notification of the conviction



(1) a party shall, without delay, inform the other Contracting Party of

judgments in criminal matters, which the courts brought over the citizens of the

the other Contracting Parties and which have acquired legal force.



(2) at the request of one party, the other party shall submit a report to the

also about the judgments issued against the citizens of the other party, that

still have legal power.



Article 29



Extracts from criminal records



One Contracting Party shall send, at the request of the other Contracting Parties listings of

criminal record for criminal proceedings, which may be

a request for legal assistance.



Article 30



Obligation to issue



(1) Contracting Parties undertake to issue, under the conditions laid down in

This Treaty, persons residing on their territory and are prosecuted

for a criminal offence or have been legally convicted judicial authority other

the Contracting Parties.



(2) shall be Released:



and) persons who are prosecuted for indictable offences, for which, according to

the laws of both Parties punishable by imprisonment

the upper limit is at least one year;
(b)) to individuals who have been convicted by the courts of the requesting contracting

Parties for acts punishable under the laws of the Contracting Parties, to the penalty of the deprivation of

freedom for at least six months, if the nevykonaná part of the sentence

not less than 6 months.



(3) when the request for release, on multiple offences, the Court of

which some do not meet the condition of the above sentence, referred to in the previous

paragraph, the requested Contracting Party may allow the issue for all of these

actions.



Article 31



Refusal to issue



(1) the issue shall be refused:



and the Court) if the offence was committed by a person who is, at the date

the request for the release of a citizen of the requested Contracting Party, or by a person that

This page has provided political asylum or who is homeless guy living

on the territory of that party;



(b)) if under the law of the requested Contracting Party was legally

offence has been committed wholly or partly in the territory of that party;



(c)) if the Court offense for which extradition is requested is a criminal

exclusively by the law of press, financial, customs, or

cash;



(d)) if the criminal offence, the Court to which application is made is

exclusively in breach of military duties;



e) if under the law of one of the contracting parties cannot be

regarding the Court of an offence for which the extradition is requested, criminal

the prosecution brought or the judgment cannot be enforced because of the limitation,

Amnesty or other lawful reason;



(f)) concerning the same indictable offence for which the extradition

asks, was against the person whose extradition is requested, on the territory of the requested Contracting

Parties to the judgment, which took legal or criminal proceedings

It was terminated by a final decision of the judicial authority of that party;



(g)) if the crime was committed while legally a stranger outside the territory

of the requesting party and the law of the requested Contracting Party

does not allow criminal prosecution for such an offence committed outside its territory;



(h))-Italian party, if the Court an offence for which a

release calls this party for an offence of a political or for an offence

with such a judicial crime related;



-Czechoslovak party, if that party considers that execution of the

requests for extradition is contrary to its constitutional principles.



(2) if the release Is refused, the requested Contracting Party shall inform without

the delay of the requesting contracting party and indicate the reasons for this refusal.



Article 32



Offences against civil air transport and the terrorist acts



With the exception of the provisions of article 31 cannot refuse extradition, which

have committed acts against the safety of civil aviation within the meaning of

the provisions of the Convention for the Suppression of unlawful seizure of aircraft, the

opened for signature on 16. December 1970 in the Hague. The Convention for the Suppression of

unlawful acts against the safety of civil aviation, open

for the signature of 23. September 1971 in Montreal and the Convention on the Suppression and punishment of the

offences against persons enjoying international protection, including

diplomatic representatives, opened for signature on 14. December 1973 in New

York City, as well as persons who have committed offences within the meaning of the provisions of the

other international conventions against terrorism, of which the Contracting Parties to the

are or will be the Czechoslovak Socialist Republic and the Italian

Republic.



Article 33



Extradition request



(1) the request for extradition for the criminal proceedings shall be attached:



and) arrest warrant or other instrument having the same effect;



(b) a report containing the summary of the facts) wrong, legal designation

judicially committed a crime and the designation of the available evidence

resources;



(c) the texts of the provisions of the legislation), which shall apply to the Court

offence committed by the person, whose extradition is sought.



(2) the request for extradition for the enforcement of the sentence shall be attached:



and a copy of the judgment), which took legal force;



(b) the text of the provisions of the regulations), which are applicable to the Act;



(c)), what part of the sentence of the notification of the person already or done.



(3) if possible, the request for extradition shall be accompanied by a description of the person,

whose extradition is sought, her photos, her fingerprints and details of

her citizenship, personal, family and assets and place

her stay, if these data are not listed in the arrest warrant

or in the judgment.



(4) the Documents referred to in paragraphs 1 to 3 of this article shall be provided with

stamp of the competent authority is drawn up.



(5) the request for extradition and the annex shall be transmitted through the diplomatic channel with the

a translation into the language of the requested Contracting Party or

the French.



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

evidence of the guilt of the person, whose extradition is sought.



Article 34



Arrest for extradition purposes



(1) on receipt of a request for the release of the requested Contracting Party shall take the

without delay, the necessary measures to arrest the person, whose extradition is sought.



(2) these measures shall not, if it is clear that the issue under this

the Treaty cannot occur.



Article 35



Add data



(1) if the application does not contain all the necessary information about the issue, the requested

a Contracting Party may request additional information and determine a deadline for that purpose in the

two months. At the reasoned request of the requesting Contracting Party may be

This period shall be extended by a maximum of one month.



(2) If no additional information to the application for extradition in the set

period, the requested Contracting Party zatčenou a person shall be released.



Article 36



Provisional arrest



(1) in case of urgency, a person may be, which is to be released under this

the Treaty, arrested even before receiving the application, if the applicant

Contracting Party so requests, citing the arrest warrant or

the judgment, which became legally valid and has been issued against that person. The request of the

for provisional arrest may be made by mail, telegram or telex.



(2) the requesting Party shall be informed about the provisional arrest and

shall promptly transmit the files needed for the issue under article 33 of the

of the Treaty.



(3) the arrested person will be Provisionally released if the request for extradition

was not delivered within the time limit of one month from the preliminary arrest, which

It was immediately notified of the requesting contracting party.



Article 37



Postponement of the issue



If the person whose extradition is requested, criminal proceedings have been instituted or

If convicted of another offence on the territory of the Court requested Contracting

the parties, the issue may be postponed until the end of criminal proceedings or to

the end of the sentence.



Article 38



Temporary release



(1) if the delay would result in the release of prescription of the criminal

prosecution or serious barriers to criminal proceedings against the person whose extradition is

calls can be issued to the requesting contracting party temporarily on a reasoned

the request for the implementation of certain procedural acts.



(2) Temporarily released, the person will be returned promptly after the execution

procedural acts for which it was issued, but no later than three months

from the date of temporary release.



Article 39



A request for extradition presented by several States



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

the party will decide on the request for extradition, taking into account all

in the circumstances, in particular the gravity and the place of committing indictable offence

the Act, to the State of citizenship of the person whose extradition is requested to order

delivery of individual applications and the possibility of subsequent extradition

to another State.



Article 40



The limits of criminal prosecution issued by the person



(1) without the consent of the requested Contracting Party cannot be issued to a person

prosecuted, tried, kept in custody for the purpose of enforcement of the sentence,

subjected to any other restriction of personal liberty or released to a third State for

any indictable offence had been committed before the release, for which

the release was permitted. For this purpose it is necessary to submit an application with

the formalities referred to in article 33 of the Treaty and the Protocol

containing the comments issued by the person. Approval shall be granted if the offence

the Act, in respect of which extradition is requested constitutes an obligation for the issue by

of this contract.



(2) the consent of the requested Contracting Party need not be, if:



and the person leaves) issued within 30 days after the termination of criminal proceedings

or imprisonment of the territory of the requesting contracting party. In the period, the

not the time for which the person could not leave the territory issued this

the State independent of their will;



(b)), issued by the person after leaving the territory of the requesting contracting party to them

voluntarily returned.



Article 41



The death penalty



If a legally an offence for which the extradition is requested, the

the law of the requesting contracting party to impose the death penalty, must not be

stored, and if it has been stored, it cannot be enforced.



Article 42



The handover of released persons



The requested Contracting Party shall notify the requesting Contracting Party of the time and location

transfer of the person whose extradition is sought. The person whose extradition is requested, the

be released, if the requesting contracting party

the cheque within 15 days from the date set for the transfer.



Article 43



The release of things



(1) on request, the requested Contracting Party shall issue, within the limits of its
the rule of law, things that could be used to commit indictable

the offence for which it is enabled, the things that the person on the

whose extradition is sought, the Court received the criminal offence or as

in return for such a thing, as well as any other thing that may

be used as evidence.



(2) the requested Party may temporarily withhold things, about the issue of

is requested, if it is needed in a criminal proceeding.



(3) the rights of third parties to things remain unaffected. These things

After the end of the criminal proceedings shall be returned to the requested Contracting Party

the requesting contracting party, so that they can be disposed of by authorized persons.



Article 44



Re-release



Avoid if issued by a person or a criminal prosecution and imprisonment

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

the requesting contracting party issued without the presentation of documents listed in the

Article 33 of the Treaty, while maintaining all the provisions of this Treaty

issue.



Article 45



The communication of the results of the criminal proceedings



The Contracting Parties shall notify the outcome of criminal proceedings introduced against the

issued to the person. On the request shall be sent a copy of the final decision or

the judgment, which became legally valid.



Article 46



The cost of issue of the



The costs associated with the issuance shall be borne by the Contracting Party in whose territory they arose.

The cost of transport of the person to be extradited from the territory of one of the Contracting

the parties on the territory of the other Contracting Parties shall be borne by the requesting contracting party.



Article 47



The transit



(1) a party shall, at the request of the other Contracting Parties through the

its territory of transit of the person issued by a third State.



(2) On an application for transit operations shall be subject to the provisions of article 33 of the

of the Treaty. Transit may be refused for reasons, which are listed in article

31.



(3) when transporting air without a stopover does not need authorization

the Contracting Party across whose territory the flies. The requesting contracting party

in advance, inform the other Contracting Party, that there is no obstacle for the

the transit operation within the meaning of this Treaty and, in particular, that the person is not převážená

a citizen of the requested Contracting Party. When a safe landing on the territory of the

the requested Contracting Party, this notice has the same effect as an application for

provisional arrest pursuant to article 36, if there are reasons to prevent the release of

in accordance with article 31 of this agreement. If the predicted landing, send

the requesting contracting party to another Contracting Party pursuant to a request for transit

the preceding paragraphs of this article.



(4) the costs of transit shall be borne by the requesting contracting party.



Article 48



Criminal prosecution



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

start according to its law and under the conditions laid down by it, including

the conditions for the jurisdiction, the prosecution of its citizens, who

the territory of the other contracting parties mutually committed the offence indictable.



(2) a Contracting Party that did not allow the release of the reasons referred to in article

paragraph 31. 1 (a). and) this contract, undertakes to, at the request of the other Contracting

the parties may submit the case to its competent authorities, so that, if it is admissible,

was proceeding to court the offence for which it sought

issue.



(3) the request for criminal proceedings referred to in paragraph 1, 2 connects

documents relating to the case, all the available evidence, the details of the injury,

If it is possible, and criminal legislation applicable to text Act; If

these attachments are not sufficient, on the request of a Contracting Party which

launched a criminal prosecution, sent additional information.



(4) the Rights of victims to compensation applied before passing

the prosecution in the case of the judicial authorities of the requesting Contracting Party shall be

discussed in the proceedings in the territory of the requested Contracting Party.



(5) the requested Party shall inform the other party without delay

on the outcome of the criminal proceedings. At the request of a copy of the decision shall be sent to

has acquired power.



(6) in the cases referred to in paragraphs 1, 2 of the requesting contracting party

After the submission of the prosecution interrupted the prosecution or

the performance of a decision previously issued against the accused to the Court

the offense, which was the reason for the request.



The requesting Contracting Party shall refrain definitively from the criminal

prosecution or enforcement of a decision, if the accused has been

acquitted or convicted and the sentence has been fully executed, could be further

exercised or was awarded a pardon or amnesty.



The requesting party continues in the prosecution or the enforcement of decisions:



and it) if the requested Contracting Party shall inform of its decision, that the

does not comply with the request;



(b)) if the accused to avoid prosecution or enforcement of a decision

on the territory of the requested Contracting Party. In this case, the whole of the period of limitation

his personal freedom, which occurred on the territory of the requested Contracting Party,

be counted against the sentence, which will be stored by the requesting contracting

party.



Title IV



Final provisions



Article 49



(1) this Treaty is subject to ratification. The instruments of ratification shall be exchanged

in the shortest possible time in Rome.



(2) this Agreement shall enter into force on the first day of the second month

following the exchange of instruments of ratification.



(3) this agreement is concluded for an unlimited period of time. Will remain in force

six months from the date when one party shall notify in writing the other

Party of its intention to terminate it.



Article 50



Date of entry into force of this Treaty shall be replaced by:



-The Convention between the Czechoslovak Republic and the Kingdom of the Italian

the legal protection of nationals, signed at Rome on 6. April

1922;



-The Convention between the Czechoslovak Republic and the Kingdom of the Italian

enforcement of judgments in civil and commercial matters, signed in

Rome, 6 December. April 1922;



-The Convention between the Czechoslovak Republic and the Kingdom of the Italian

release of criminals, signed at Rome on 6. April 1922.



Done in Prague on 6. December 1985 in two original copies, each

in Czech, Italian and French languages, each text being

the same force. In case of different interpretation of the text of the

the French.



For the Czechoslovak Socialist Republic:



Ing. Bohuslav Chňoupek in r.



The Italian Republic:



Giulio Andreotti in r.