Of The European Convention On The Transfer Of Criminal Proceedings

Original Language Title: o Evropské úmluvě o předávání trestního řízení

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40330&nr=551~2F1992~20Sb.&ft=txt

551/1992 Sb.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



Change: 147/1993 Coll.



The Federal Ministry of Foreign Affairs says that the 15 December. may

1972 was agreed in Strasbourg, the European Convention on the transfer of criminal

the proceedings.



On behalf of the Czech and Slovak Federal Republic, the Convention was signed in

Strasbourg, 13 November 2002. February 1992.



With the Convention expressed their approval of the Federal Assembly of the Czech and Slovak

The Federal Republic and the President of the Czech and Slovak Federal

Republic has ratified it with the proviso that the Czech and Slovak Federal

The Republic does not accept articles 22 and 23 of the Convention. Instrument of ratification was

deposited with the Secretary-General of the Council of Europe, the depositary of the Convention, on 15.

April 1992.



When the signature and ratification of the Convention was at the same time made the following

statement:



The application referred to in the European Convention on the transfer of criminal proceedings must be

in criminal proceedings before the filing of the indictment sent General

Prosecutor's Office of the Czech and Slovak Federal Republic and after the submission of

indictment, the Ministry of Justice of the Czech Republic or the Ministry of

of Justice of the Slovak Republic.



Convention entered into force pursuant to its article 38, paragraph. 2 day 30.

March 1978. For the Czech and Slovak Federal Republic entered in the

force in accordance with its article 38, paragraph. 3 day 15. July 1992.



Czech translation of the Convention shall be published at the same time.



THE EUROPEAN CONVENTION



on the transfer of criminal proceedings



The Member States of the Council of Europe, signatories to this Convention,



considering that the aim of the Council of Europe is to achieve greater unity between the

its members;



Desiring to complement the work that has been done so far in the area of

criminal law in order to achieve a fairer and more efficient

the sentencing guidelines;



having useful for this purpose to ensure, in a spirit of mutual trust

management of criminal prosecution at the international level, in particular by removing the

deficiencies arising from the conflicts of competence;



agree on the following:



PART I



The definition of the



Article 1



For the purposes of this Convention:



(a) "offence" comprises acts punishable under the criminal law and acts

listed in the legislation referred to in annex III to this

Convention, provided that, where those acts dealing with the administrative authority

the person concerned must have the opportunity to make her case was heard by the Court;



(b) punishment "means any punishment or other measures imposed

for an offence or for the violation of the legal provisions referred to in annex

III.



PART II



The power to



Article 2



1. For the purposes of the implementation of this Convention any Contracting State will have

the power to lead the prosecution under its criminal law for

any offence for which the law of another Contracting

State.



2. the Powers granted to the Contracting State only on the basis of paragraph 1. 1 of this

the article may be used only on the basis of a request by another Contracting State of the

the initiation of a prosecution.



Article 3



Any Contracting State which has the power to conduct a prosecution for

the offence, may, in the framework of the implementation of this Convention, to refrain from, or

refrain from criminal prosecution against a suspected person is or will be

prosecuted for the same offence by another Contracting State. With regard to the

Article 21, para. 2 the decision will have to abstain from or refrain from

prosecution of a provisional nature pending a final decision in the

another Contracting State.



Article 4



The requested State will not continue in the proceedings based solely on article 2,

If it finds that the right to punish according to the law of the requesting State

disappear for a different reason than the limitation, however, in particular in the cases referred to

in articles 10 (c), 11 (f) and (g), 22, 23 and 26.



Article 5



The provisions of part III of this Convention shall not limit the power to hold criminal

the prosecution, the requested State, the rule of law.



PART III



Passing control



Section 1



Application for transfer of control



Article 6



1. If any person suspected to be committed by the rule of law

any Contracting State an offence may apply different

Contracting State in order to initiate proceedings under the conditions laid down in this

The Convention.



2. If a Contracting State pursuant to the provisions of this Convention apply different

Contracting State in order to initiate the proceedings, the competent authorities of the first Member State shall

This possibility into account.



Article 7



1. The proceedings in the requested State cannot be started if the Act for which

asking for the opening of proceedings, would not be a crime, if he committed

on its territory and, if the perpetrator in these circumstances could not be prosecuted

According to the law of the requested State.



2. If the offence was committed against a public official or

public officials or public institution or anything, what has

the public nature of the requesting State, the requested State will be considered

for an offence committed against a public official or public officials, or

against the public institution or anything, in the requested State

corresponds to and what was the offence actually committed.



Article 8



1. A Contracting State may request another Contracting State to initiate proceedings in

one or more of the following cases:



(a) if the suspected person has the permanent residence in the requested State;



(b) if the suspected person is a citizen of the requested State, or

comes;



(c) if the suspected person has to perform or performs custodial

freedom in the requested State;



(d) if it is against a suspected person conducted the proceedings in the requested State for the

the same or another criminal offence;



(e) if it is considered that the transfer of control is desirable in the interest of finding a

the truth and, in particular, if the most important evidence found in the requested

State;



(f) if it is considered that a sentence in the requested State, if it was

saved, would probably contributed to the deepening of the resocialization options

the sentenced person;



(g) if it is considered that the presence of the suspected person cannot be ensured at

proceedings in the requesting State and that her personal participation in the management of the

the requested State may be ensured;



(h) if it is considered that it could not ensure the punishment, if he was

stored, and even through the issue and that the requested State shall execute it

can.



(2) in cases where the suspected person has been finally sentenced in

Contracting State, that State may request the transfer of control in one or

more matters referred to in paragraph 1(b). 1 of this article, only when he himself cannot

to execute the judgment, and even through the issue and when the other Contracting

the State does not fundamentally foreign judgments or rejects the judgment

to execute.



Article 9



1. the competent authorities of the requested State shall examine the application for commencement of proceedings

made in accordance with the provisions of the preceding articles. About what measures

shall decide in accordance with its legal system.



2. If the legislation of the requested State provide for the punishment of the crime of

crime of the administrative authority, this State shall without delay inform the applicant

State, if the requested State has not made the declaration provided for in paragraph 3 of this

article.



3. any Contracting State may, when signing, or save the

instruments of ratification, acceptance or accession or at any time

later, a declaration addressed to the Secretary-General of the Council of Europe

to lay down the conditions under which its legal system allows the punishment

certain offences the administrative authorities. This statement replaces the

the information referred to in paragraph 1(b). 2 of this article.



Article 10



The requested State will take place on the basis of the application, if:



(a) the request is not in accordance with the provisions of article 6, paragraph 1(a). 1 and

Article 7 (1). 1;



(b) initiation of proceedings would be contrary to the provisions of article 35;



(c) the date of the application period for criminal prosecution in the requesting

State in accordance with its legal system.



Article 11



The requested State may, in addition to the cases referred to in article 10 of the refuse

receipt of the request wholly or in part, with the exception of one or more

in the following cases:



(a) if there is a conclusion that the grounds on which the request is based, are not in accordance with

Article 8 is sufficient;



(b) if the suspected person has permanent residence in the requested State;



(c) if the suspected person is not a citizen of the requested State and not

permanent residence in its territory at the time of committing the offence;



(d) if it is considered that the offence for which it is requested the initiation of the

control, is an offence of a political nature or a purely criminal act

military or fiscal;



(e) if he has reasonable grounds to believe that the request for the initiation of the proceeding

is motivated by reasons related to race, religion, nationality

or political opinions;



(f) if the offence is to use its legal order, but at the time of

acceptance of the application, the procedure was referred to in this law for the limitation of

inadmissible; the provisions of article 26, para. 2 in this case will not be

used;



(g) if its jurisdiction is based solely on article 2 and if in the

the time of receipt of the request for limitation of the procedure was inadmissible pursuant to this

the rule of law; will be taken into account the extension of the period of six months for the

the conditions of article 23;



(h) where the offence was committed outside the territory of the requesting State;



(i) if the procedure was inconsistent with the international obligations of the requested

State;
(j) if the procedure was contrary to the fundamental principles of the rule of law

of the requested State;



(k) if the requesting State has infringed procedural procedures laid down in this

The Convention.



Article 12



1. the requested State shall withdraw its acceptance of the application, if, after having received it,

It turns out that there is a reason referred to in article 10 of this Convention for it,

that did no measures.



2. the requested State may revoke its acceptance of the application,



(a) if it transpires that the personal participation of the suspected person to the control in the

This State will not be able to provide or when it would not be in this State

enforced no penalty, which could be saved;



(b) if it transpires one of the grounds for refusal referred to in article

11, before the indictment is filed, or



(c) in other cases where the requesting State agrees with it.



Section 2



Passing control



Article 13



1. All of the requests referred to in this Convention shall be made in writing. Together

with all the documents necessary for the implementation of this Convention will be

sent by either the Ministry of Justice of the requesting State

the Ministry of Justice of the requested State, or on the basis of the Special

the arrangement the authorities of the requesting State directly to the authorities of the requested State;

will be returned in the same way.



2. In urgent cases, requests may be sent and other documents

through the International Criminal Police Organization (INTERPOL).



3. any Contracting State may, by a declaration addressed to the

the Secretary-General of the Council of Europe to announce its intention to adopt for each other

rules of procedures for the transfer, other than those which are referred to in paragraph 1(b). 1

This article.



Article 14



If a Contracting State considers that the information provided by the other Contracting

the State is not sufficient for the application of this Convention, it shall request the necessary

the additional information. May set a time limit for the delivery of such information.



Article 15



1. The application for the initiation of the proceedings shall be accompanied by the original or a certified

a copy of the criminal file, and all other required documents. However, if the

the suspect kept in custody pursuant to the provisions of part V and the requesting

the State is not able to transmit these documents at the same time as the application for the initiation of the

proceedings, documents may be sent.



2. the requesting State shall also inform the requested State of any

the procedural steps and measures to be taken in the requesting State, which adopted after

send the application and have the relationship to the proceedings. This communication will be

accompanied by all the necessary documents.



Article 16



1. the requested State shall notify without delay to the requesting State of its decision to

his application for the initiation of the proceeding.



2. the requested State shall also inform the requesting State of the abandonment of the

the proceedings or of any decision taken as a result of the proceedings. To the applicant

the State will be passed to each certified copy of the written decision.



Article 17



If the jurisdiction of the requested State based exclusively on article 2, this

State shall inform the suspect of the application for the initiation of the proceedings for the purpose of,

to be allowed to express their opinion on the matter before this

the State shall adopt a decision on the request.



Article 18



1. Except as provided for in paragraph 1(b). 2 of this article shall not be required

translations of documents relating to the implementation of this Convention.



2. any Contracting State may, when signing or depositing its

instruments of ratification, acceptance or accession by a declaration

addressed to the Secretary-General of the Council of Europe, reserve the right to

require that, with the exception of copies of the written decision referred to in article

16. 2 were referred to the documents provided with the translation. The other Contracting

States will be sent either translations into the national language of the receiving

State or one of the official languages of the Council of Europe, which

the receiving State shall designate. The designation of this language, however, is not mandatory. Other

the Contracting States may apply reciprocity.



3. This article shall not affect the provisions relating to translations

applications and attachments contained in agreements and arrangements, which are valid

or which may be concluded between two or more Contracting States.



Article 19



Documents transmitted in application of this Convention need not be verified.



Article 20



The Contracting Parties shall not be required between them to pay the costs incurred by the

in the implementation of this Convention.



Section 3



The consequences of the application instituting proceedings in the requesting State



Article 21



1. When the requesting State requests the initiation of the proceedings, not to prosecute

the suspected person for the offence for which it was requested to initiate the

proceedings, or to execute the judgment, which was over it before for the same

the offense of conviction in that State. Until delivered to the decision

the requested State of a request for the initiation of proceedings, the requesting State's

retains the right to take all the steps regarding the prosecution, in addition to the submission of

the indictment, or according to the circumstances of the case permit, that the competent administrative

the Authority ruled in the matter.



2. The right to prosecute and execute the judgment will be returned to the applicant

State, if:



(a) the requested State shall communicate, in accordance with article 10 decided to do regarding

the application of any measures;



(b) the requested State shall communicate, in accordance with article 11 decided to refuse to accept the

the request;



(c) the requested State shall communicate, in accordance with article 12 of the receipt of the request; appealed



(d) the requested State shall communicate, that decided not to initiate proceedings or

not to continue;



(e) to withdraw its request before the requested State shall communicate its

the decision taken in respect of the application.



Article 22



A request for the initiation of proceedings taken under the provisions of this title shall be extended

in the requesting State of the time limit for instituting proceedings for six months.



Section 4



The consequences of the application instituting proceedings in the requested State



Article 23



If the jurisdiction of the requested State based exclusively on article 2, the

time limits for instituting proceedings extended for six months.



Article 24



1. If the proceedings in the two States depend on private action, action

brought in the requesting State will have the same force as the action brought on

in the requested State.



2. If a private Bill requires only in the requested State, this

State may initiate proceedings even without it, if the person who is entitled to

to bring an action, raises no objection within one month of the date when adopted

a communication from the competent authority, that it has the right to raise objections.



Article 25



In the requested State will be saved penalties that can be imposed for the crime

actions, such as those provided by its legal order, if this

the law does not provide otherwise. Where is the competence of the requested State

based exclusively on article 2, the penalties imposed in this State may be

more stringent than those that are laid down in the legislation of the requesting

State.



Article 26



1. Any procedural action taken in the requesting State in accordance with its

the rule of law will have the same force in the requested State, as would have been

made, the authorities of that State, provided that its adoption will not give this

Act greater evidential weight than it has in the requesting State.



2. Any act which interrupts the limitation period and that has been validly made in the

the requesting State will have the same effects in the requested State, and vice versa.



Section 5 of the



Precautionary measures in the requested State



Article 27



1. If the requesting State shall notify their intention to forward a request for the initiation of the

management and the competence of the requested State has been exclusively on article 2,

the requested State may, at the request of the requesting State, on the basis of this

The Convention, to take the suspect into temporary custody, if:



(a) the law of the requested State allows for binding for this offence and



(b) are reasonable grounds for concern that the suspected person will hide or causes

concealment of evidence.



2. In the request for a preliminary binding that was issued

the warrant or another command to the same effect, issued in accordance with the procedure

laid down in the legal order of the requesting State; Furthermore, it will also be shown,

for what offense will initiate the procedure applied for, when and where was this

the offence was committed, and will contain the most accurate according to the options

description of the suspicious person. It will also contain a brief description of the circumstances

case.



3. A request for the withdrawal of the temporary custody will be sent to the authorities of the requesting

State referred to in article 13, directly to the competent authorities of the requested State

by mail, by telegram or by any other means, which may be in writing

prove or that will be received by the requested State. The requesting State will be

promptly informed about the outcome of their applications.



Article 28



After receipt of the request for the initiation of the procedure, substantiated by the documents, which are

referred to in article 15, paragraph 1(a). 1, the requested State shall have power to order

all interim measures, including taking a suspect into custody and

the property, which could be required by its own legislation,

If the offence for which it is requested to initiate the procedure, committed on the

within its territory.



Article 29



1. the precautionary measures referred to in articles 27 and 28 shall be governed

the provisions of this Convention and the law of the requested State. The rule of law

of this State or of the Convention also lays down the conditions under which they will be

measures be repealed.
2. These measures shall be revoked in the cases referred to in article 21, para.

2.



3. the person taken into custody will be released in any case, if the

arrested on the basis of article 27 and the requested State does not get request

initiation in the 18 days since the arrest.



4. the person taken into custody will be released in any case, if the

arrested on the basis of article 27 and the documents that should be attached to the

the application initiating proceedings, the requested State does not get within 15 days from the receipt of the

the application initiating the proceedings.



5. the duration of custody imposed exclusively on the basis of article 27 shall not in any

the case may not exceed 40 days.



PART IV



Parallel criminal proceedings



Article 30



1. any Contracting State which, before the commencement of or during proceedings

for the offence, which is not considered political or purely military,

It finds that the proceedings in another Contracting State against the same person for

the same offence shall consider whether it can either stop or suspend your

or pass to another State.



2. If the circumstances does not consider it appropriate to stop or

interrupting the proceedings, it shall inform the other State, early on, in any case before

judgment in the case.



Article 31



1. In the cases referred to in article 30. paragraph. 2, the relevant States

podujmou in each case, after assessing the circumstances referred to in article 8,

to decide which of them will continue as the only one in control. In

During this process the relevant konsultativního States shall postpone the pronouncement

the judgment in the matter, without, however, would have been required to extend the postponement of the

more than 30 days following the dispatch of the notification referred to in article 30, para. 2.



2. The provisions of paragraph 1 shall not be compulsory for the State,



(and) that sent the notification referred to in article 30, paragraph. 2, if the main

version was launched in the presence of the accused before sending

the communication;



(b) to which this notice has been sent, if the trial was

the presence of the accused brought before the adoption of the communication.



Article 32



In the interest of finding the truth and in order to exercise the corresponding punishment will be

the relevant States to examine whether it is appropriate to only one of them led the

the proceedings. If you run out to a positive conclusion, will seek to determine

which one it will be, and, in cases when:



(a) one person or several persons jointly commit a few

in fact the various offences that are punishable under the laws of the

all of these States;



(b) several people together should commit a criminal offence, punishable by

the rule of law in all of these States.



Article 33



All decisions taken pursuant to article 31, para. 1 and article 32

will be between the relevant States have consequences of the transfer of control within the meaning of this

Of the Convention. The State, which stops the proceedings, will be considered as a State, which

forward control to another State.



Article 34



The procedure for transmission of the proceedings referred to in section 2 of part III will be used,

If these provisions are compatible with those that are contained in the

This section.



PART IN THE



The obstacle has been finally decided things



Article 35



1. the person, above which was handed down a final and enforceable criminal

judgment, cannot be prosecuted for the same offence or even condemned it

the penalty cannot be enforced in another Contracting State if:



(a) has been exonerated;



(b) the penalty imposed:



(i) has been completely enforced or exercised, or



(ii) the whole or part of its one betrothed party convicted were subject to grace or amnesty,

or



(iii) cannot be executed because of the prescription;



(c) the Court has recognized the defendant guilty and refrain from punishment.



2. However, a Contracting State, if he didn't ask about the initiation of the proceeding,

will not be obliged to recognise the implications been decided things, if you act,

that was the judgment was directed against public officials

or public institution or anything, what has the public nature of this

State, or if the perpetrator was a public official in this State.



3. In addition, the Contracting State on whose territory the Act was committed or is considered

for the committed on its territory, in accordance with the law of this State, the

required to recognise the implications been decided things, ask yourself if the

about the initiation of the proceeding.



Article 36



If new proceedings are instituted against a person who has been convicted in

another Contracting State for the same Act, the time for which an

restrictions on her freedom, counted in the punishment that may be imposed.



Article 37



This section shall not prevent the application of wider legislation on its own

the implications of the case has been finally decided in relation to foreign judgments in

criminal matters.



PART VI



Final provisions



Article 38



1. this Convention shall be open for signature by all Member States of the Council of

Europe. Shall be subject to ratification or acceptance. The instruments of ratification or

instruments of acceptance shall be deposited with the Secretary-General of the Council of Europe.



2. the Convention shall enter into force three months from the date when the third

instrument of ratification or acceptance.



3. in relation to a State which has ratified the Convention or accepted after

shall enter into force three months from the date of the deposit of its instrument of ratification,

or instrument of accession.



Article 39



1. the Committee of Ministers of the Council of Europe may, after entry into force of this Convention,

invite any nonmember State to her under the condition that

resolution containing such invitations will be unanimously adopted by all the

members of the Council, who ratified the Convention.



2. This approach will be effected by depositing an instrument of accession with the

the Secretary General of the Council of Europe and shall become effective three months from the date of

Save.



Article 40



1. any Contracting State may, when signing or depositing its

the instruments of ratification or acceptance or accession, specify the territory,

on which or to which this Convention shall apply.



2. any Contracting State may, when depositing its instrument of ratification,

or acceptance or accession or at any time after the statement

addressed to the Secretary-General of the Council of Europe, extend this Convention to

any other territory specified in the Declaration and for whose international

relations it is responsible or on whose behalf it is authorised to make commitments.



3. Any declaration made under the preceding paragraph may

be about any territory mentioned in such declaration, be withdrawn

in accordance with the procedures laid down in article 45 of the Convention.



Article 41



1. any Contracting State may, when signing or depositing its

instruments of ratification, acceptance or accession, declare that

exercising the right to make one or more reservations as referred to in annex I, or

make a declaration referred to in annex II to this Convention.



2. any Contracting State may wholly or partly withdraw a reservation or

the Declaration, which has made a declaration under the preceding paragraph,

addressed to the Secretary-General of the Council of Europe, which shall take effect

on the day of delivery.



3. A Contracting State which has made a reservation to any provisions of this

The Convention, cannot rely on the application of this provision in relation to the

another Contracting State; However, if its reservation is partial or

conditional, may rely on the use of the relevant provisions, to the extent

in which it has accepted.



Article 42



1. any Contracting State may, at any time, by a declaration addressed to the

the Secretary-General of the Council of Europe to determine which legal provisions have

be excluded from Annex III to this Convention.



2. Any amendment to the national laws listed in annex III shall be

notified to the Secretary-General of the Council of Europe, if this change

becomes Annex III inaccurate.



3. Any change made in annex III according to the previous paragraphs

takes effect in each Contracting State one month from its notification

the Secretary-General of the Council of Europe.



Article 43



1. this Convention shall not affect the rights and obligations arising from contracts for

issue and from international multilateral conventions concerning the specific

Affairs nor the provisions governing matters covered by the

This Convention, and which are contained in other existing agreements between the

the Contracting States.



2. the Contracting States may conclude between themselves bilateral or

a multilateral agreement on matters governed by this Convention, in addition to

the agreements, which complement its provisions or to assist in the implementation of the

the principles contained therein.



3. However, if two or more Contracting States have adjusted their relations in

these matters on the basis of uniform legislation or established their

own special system or will do so in the future, they will be entitled to

to edit your relationships, according to them, regardless of the terms of this Convention.



4. the Contracting States shall cease to apply the conditions in these matters

This Convention in their mutual relations in this matter on the basis of the provisions of the

the preceding paragraph, it shall inform the Secretary General of the Council of Europe.



Article 44



The European Committee on crime problems of the Council of Europe will be informed of the

the implementation of this Convention and shall do everything necessary in order to facilitate an amicable

the settlement of all the difficulties that may arise during its implementation.



Article 45



1. this Convention shall remain in force for an unlimited period of time.



2. any Contracting State may, in so far as it is concerned, this
Convention to terminate the communication addressed to the Secretary-General of the Council

Europe.



3. The denunciation shall take effect six months from the date of the adoption of such

communication by the Secretary-General.



Article 46



The Secretary General of the Council of Europe shall notify the Member States of the Council and the

States that have acceded to this Convention of:



(a) the signatures;



(b) the deposit of instruments of ratification and instruments of acceptance or accession;



(c) the dates of entry into force of this Convention in accordance with article 38;



(d) the declarations adopted on the basis of the provisions of article 9, para. 3;



(e) the declarations adopted on the basis of the provisions of article 13, paragraph 2(a). 3;



(f) declarations adopted on the basis of the provisions of article 18, para. 2;



(g) the declarations adopted on the basis of the provisions of article 40, para. 2 and

3;



(h) the reservations and declarations made on the basis of the provisions of article 41,

paragraph. 1;



(i) the appeal of reservations or declarations made on the basis of the provisions of the

Article 41, paragraph 2;



(j) the declarations adopted on the basis of article 42, para. 1 and the subsequent

the declarations adopted on the basis of paragraph 1. 2 of this article;



(k) the declarations adopted on the basis of the provisions of article 43, para. 4;



(l) communications received on the basis of the provisions of article 45, and of the dates of when the

the denunciation shall take effect.



Article 47



This Convention and the communications and declarations made on its basis will

apply only to crimes committed after that, when the Convention comes to

into force of the State concerned.



On the evidence of the undersigned, being duly authorised thereto, have signed the

This Convention.



Done in Strasbourg on 15. May 1972 in English and

French languages, both texts being equally authentic, in a single

copy to be deposited in the archives of the Council of Europe. General

the Secretary-General shall transmit certified copies to all the Governments that have signed the Convention or to

It joined.



Annex I



Each Contracting Party may declare that it reserves the right:



and) refuse a request for initiation of the procedure, if it considers that it is exclusively

a religious act;



b) refuse a request for initiation of proceedings for the offence for which he can be

its own legal order penalty only by an administrative authority;



(c)) not to accept article 22;



not to accept article 23 (d));



(e) not to accept the constitutional obstacles) the provisions of article 25;



(f)) not to accept the provisions of article 26, paragraph. 2 If is given by its

the law of their own jurisdiction;



(g)) not to apply articles 30 and 31 of those offences for which the penalty may be saved,

in accordance with its own law or the law of another competent

the State, the only administrative authority;



(h) not to accept in part.)



Annex II



Each Contracting State may, with reference to its constitutional provisions declare,

that will be required to submit and receive requests for commencement of proceedings only in cases

laid down in its legislation.



Each Contracting State may, by declaration to define what, for the purposes of this Convention,

means by the term "citizen".



URPříl.III



The list of offences other than offences covered by criminal law



The following acts will be treated as criminal offences in the modified

the law:

in France-each infringement prepared "contravention de

Grande voirie "

in Germany-each infringement, whose hearing is

adjusted infringements Act (Gesetz über

Ordnungswidrigkeiten)

in Italy-every infringement, subject to the law

No. 317 of 3. March 1967.