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
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.
When the signature and ratification of the Convention was at the same time made the following
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
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:
The definition of the
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
The power to
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
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.
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.
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.
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.
Application for transfer of control
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
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.
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.
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
(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
(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
(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
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
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.
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.
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
(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
(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
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.
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
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.
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.
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.
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.
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.
Documents transmitted in application of this Convention need not be verified.
The Contracting Parties shall not be required between them to pay the costs incurred by the
in the implementation of this Convention.
The consequences of the application instituting proceedings in the requesting State
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
(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
(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.
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.
The consequences of the application instituting proceedings in the requested State
If the jurisdiction of the requested State based exclusively on article 2, the
time limits for instituting proceedings extended for six months.
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.
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
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
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
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.
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.
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.
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.
Parallel criminal proceedings
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.
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
(b) to which this notice has been sent, if the trial was
the presence of the accused brought before the adoption of the communication.
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.
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.
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
PART IN THE
The obstacle has been finally decided things
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,
(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.
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.
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
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.
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
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.
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.
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.
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.
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.
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
3. The denunciation shall take effect six months from the date of the adoption of such
communication by the Secretary-General.
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
(h) the reservations and declarations made on the basis of the provisions of article 41,
(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.
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
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
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.)
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".
The list of offences other than offences covered by criminal law
The following acts will be treated as criminal offences in the modified
in France-each infringement prepared "contravention de
Grande voirie "
in Germany-each infringement, whose hearing is
adjusted infringements Act (Gesetz über
in Italy-every infringement, subject to the law
No. 317 of 3. March 1967.