17/1984 Coll.
DECREE
Minister of Foreign Affairs
of 9 June. December 1983
the Treaty between the Czechoslovak Socialist Republic and the people's
democratic and people's Republic on legal aid in matters of
civil, family and criminal matters
On 4 April 2006. February 1981 was signed in Algiers, the Treaty between the Czechoslovak
Socialist Republic of Vietnam and the people's Democratic Republic
Republic on legal assistance in civil, family and criminal.
With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
the Republic has ratified it. The instruments of ratification were exchanged in Prague on
on October 24, 1983.
Treaty has entered into force, pursuant to article 50, paragraph 2, on the day
November 23, 1983.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Chňoupek v.r.
Contract
between the Czechoslovak Socialist Republic and the people's
democratic and people's Republic on legal aid in matters of
civil, family and criminal matters
The Czechoslovak Socialist Republic
and
People's Democratic Republic of Algeria,
Desiring to develop friendly relations between their peoples and in order to
deepen mutual cooperation between the two countries in the field of legal
relations have decided to conclude this agreement.
For this purpose appointed agents:
for the Czechoslovak Socialist Republic
Bohuslav Chňoupek,
Minister for Foreign Affairs,
for the people's Democratic Republic of Algeria
Boualem Baki,
the Minister of Justice,
having exchanged their full powers, found in good and due
the form, have agreed as follows:
CHAPTER I
General provisions
Article 1
(1) nationals of each Contracting Party shall enjoy in the territory of the other Contracting
by the same legal protection of their personal and property rights as
its own nationals.
(2) the nationals of each Party shall have free access to the courts and
other authorities competent in matters of civil, family and criminal matters,
that are referred to in this agreement the term "judicial authorities", as well as
they have the right to request the initiation of proceedings before them, for the purpose of
the protection of their personal and property rights.
Article 2
From State of the citizens of one of the Contracting Parties, who act before the
judicial authorities of the other Contracting Party and who is present on the territory
one of the contracting parties cannot require any certainty only
for this reason, they are aliens, or that do not have a residence or stay on
within this territory.
Article 3
The provisions of articles 1 and 2 of this Agreement shall apply to legal persons,
established under the law of the Contracting Party in whose territory the
their registered office.
Article 4
(1) when you contact authorities of the parties are using one of the
languages of the Contracting Parties or to the French language. If the document
drawn up in the language of the requesting Contracting Party shall bear the
translation into the language of the requested Contracting Party or
the French.
The document must be signed and bear's official stamp.
(2) the Translation checked by official translator of the authority which issued the document,
or the diplomatic mission or consular post of a Contracting Party.
Article 5
Legal aid
(1) the judicial authorities of the Contracting Parties to provide legal aid to each other
in matters of civil, family and criminal matters, under the conditions laid down in
This agreement.
(2) other bodies involved in matters of civil, family and criminal matters have
provide legal assistance through the judicial authorities.
(3) the Contracting Parties shall provide legal aid performance
the individual procedural acts, in particular the vyhotovováním, by sending and
service of documents, the implementation of the expert evidence, the hearing
of the participants, the accused, witnesses and experts, enforcement, certification
offenders, the withdrawal and handover of the factual evidence.
Article 6
How to contact
(1) the Judicial authorities in the provision of legal assistance to meet each other
through their central authorities.
(2) the central authorities within the meaning of this agreement are:
and) by the Czechoslovak Socialist Republic, the Ministry of
Justice of the Czech Socialist Republic, Ministry of Justice
The Slovak Socialist Republic, and in criminal matters also the General
the Prosecutor's Office of the Czechoslovak Socialist Republic;
(b)) by the people's Democratic Republic of Algeria Ministry of
Justice.
Article 7
(1) the Contracting Parties shall report to the competent
judgements in criminal matters handed down by the courts of one Contracting Party's over
nationals of the other Contracting Party.
(2) at the request of one of the Contracting Parties, it shall inform the other party
on judgments that have not yet become final if it were played over
nationals of the requesting contracting party.
(3) an extract from the criminal record, held by one Contracting Party, it may be
posted on request of the other party in the cases and under the conditions
laid down by the laws of the requested Contracting Party not only in cases
a criminal prosecution.
Article 8
The central authorities of both parties shall give each other and at the request of
information on laws and other legislation that applies or
apply within their territory, as well as information about legal practice.
Article 9
The provision of legal assistance in civil, family and criminal
the requested Contracting Party may be refused, if it violates the sovereignty of the
or safety of such Contracting Party or is contrary to the fundamental
the principles of its legal system.
CHAPTER II
The request for legal aid and the transmission of judicial and extrajudicial documents
(I).
the request for legal aid
Article 10
(1) the request for assistance shall contain the designation of the applicant
the authority of the requested authority, the case in which the legal aid is requested, the names of
the participants, their nationality, occupation and place of residence, the names of their
representatives, as well as the type of the required legal aid.
(2) the request for legal assistance in criminal matters shall include,
the designation and description of the offence, the place and time of birth of the accused and
If possible, the names of his parents.
(3) the request for legal aid will be signed, and the latter's official
the stamp.
Article 11
(1) when dealing with the request for legal aid it's the authority of the requested
the Contracting Parties of their own legislation. However, it may, at the request
the requesting authority to proceed in a way that is listed in the request,
If this is not in conflict with the law of the requested Contracting Party.
(2) if the authority to which the request was sent, due to competent,
It shall refer the request to the competent authority.
(3) if it is not known the exact address of the person referred to in the request, the authority
the requested Contracting Party shall take the necessary measures for its findings.
If the addressee is unable to determine, he shall inform the applicant authority and at the same time
the request for legal aid returns.
(4) the authority of the requested Contracting Party shall inform the authority of the requesting contracting
Parties at his request in time to place and time of the performance of the request to the interested
the party had the opportunity to take part in it or be represented.
(5) after the execution of the request, the authority of the requested Contracting Party returns the writings
authority of the requesting contracting party. In the case in which the request was
Returns can be complied with the writings and the reasons which prevent the execution.
Article 12
The Contracting Parties shall not require the payment of costs for the execution of letters rogatory
legal aid. These costs shall be borne by the requested Contracting Party.
II.
The transmission of judicial and extrajudicial documents
Article 13
(1) the requested authority served under the provisions of their national legal
the order, if they are drawn up in the language of the requested Contracting Party or, if
accompanied by a certified translation into that language or in the language
the French.
(2) Documents transmitted under this agreement must be signed and
bear's official stamp of the competent judicial authority, and
verified in the Czechoslovak Socialist Republic, the Ministry of
Justice of the Czech Socialist Republic or the Ministry of
of Justice of the Slovak Socialist Republic, and in Algeria
Democratic Republic of the Ministry of Justice.
(3) delivery confirmation signed by the beneficiary is established and provided with
's official stamp, date and signature of the authority or the delivering
a certificate issued by that authority, certifying the manner, place and time
delivery. To be served if it is sent in duplicate, can
with acknowledgement of receipt and delivery also performed with the second
copy only.
Article 14
The Contracting Parties shall be entitled to serve documents its own State
citizens also through its diplomatic missions or
consular posts. In this case, cannot be used by law enforcement
resources.
Article 15
(1) the Contracting Parties shall send each other's statements from the Registry Office on
their State citizens. Statements will be sent free of charge
through the diplomatic channel.
(2) the Contracting Parties will be for official use on request of the competent
authorities sent extracts from registers, as well as other documents relating to the
State of the citizens of the other party. The instrument will send
free of charge through the diplomatic channel.
(3) the applications State of the citizens of the Contracting Parties to send extracts from registers
or other documents can be sent directly to the competent authority of the other Contracting
party. The requested documents will be sent to the applicant by
the diplomatic mission or consular post of a Contracting Party, the authority of the
the document is issued. The diplomatic mission or consular post selects
When you pass the document provided for a fee.
Article 16
The central authorities of the Contracting Parties shall provide mutual assistance upon request
When the survey addresses people staying on their territory, if it
needed to enforce their State citizens.
Article 17
(1) of the Charter, which were issued or certified by the competent authority of one of
of the parties and signed and bear's official stamp,
do not require authentication on the territory of the other Contracting Party. The same applies to copies
and translation of documents certified by the competent authority.
(2) of the Charter, which are on the territory of one of the Contracting Parties considered
the public have in the territory of the other Contracting Party so much evidence of public
of documents.
CHAPTER III
Protection of witnesses and experts
Article 18
A witness or expert who is staying in the territory of the requested Contracting Party, and
acting in the civil, family or criminal in front of judicial
the authorities of the requesting contracting party, on the basis of the summons, which he was
served on the judicial authority of the requested Contracting Party, shall not be without
regardless of your country of citizenship, prosecuted or taken into custody, or
It must not be carried out before a court penalty for an offence,
committed before crossing the State borders of the requesting contracting party.
As well as expert witness and cannot be prosecuted for the fact
related to the administration of a testimony or an expert opinion or a
Act that is the subject of the proceedings.
Article 19
(1) a witness or expert will invalidate the protection that is provided by
Article 18 leave if, if it was possible, the territory of the requesting
the Contracting Parties shall, within 15 days from the date on which it was notified that his
presence is no longer needed.
(2) the period referred to in paragraph 1 does not count towards the period during which
a witness or expert was unable to leave the territory of that party, for reasons of
independent of his will.
CHAPTER IV
Provision of legal aid
Article 20
Nationals of one Contracting Party is before the judicial authorities of the
of the other party provided free legal assistance, exemption from the
fees and costs with respect to their wealth in
the same extent and under the same conditions as the nationals of that other
the Contracting Parties.
Article 21
(1) If a State citizen of one party who resides
or stay on the territory of the other Contracting Party, to enjoy before a judicial
authority of that Contracting Party the benefits referred to in article 20, it may
ask the competent judicial authority, in writing, of their place of residence or
stay in accordance with the laws of this State. The judicial authority which
be sent to the request of the applicant, the translation of the application, must get confirmation
referred to in article 22 and any attachments to the language of the requested Contracting
the parties, and if this is not possible, in the language of French.
(2) the judicial authority, which handles the request referred to in paragraph 1, it shall, with
the certificate referred to in article 22 and any annexes to the judicial
authority of the other Contracting Party.
Article 22
(1) certificate of financial circumstances, required for obtaining benefits
referred to in article 20, the competent authority of the Contracting Party on whose
the territory of the applicant has his domicile or residence.
(2) if the applicant has a domicile or residence in the territory of a third State,
If the confirmation of the territorially competent diplomatic mission or consular
the Office of the Contracting Party in which the applicant is a citizen of.
Article 23
Judicial authority to which application is made for free legal assistance and
the benefits referred to in article 20 shall be decided under the laws of your State
and, if necessary, may apply to the competent judicial authorities of the other
the Contracting Parties with a request for additional information.
CHAPTER V
Recognition and enforcement of judgments
Article 24
(1) the Contracting Parties shall, under the conditions laid down in this agreement and acknowledge
shall carry out in its territory the decision, issued on the territory of the other Contracting
Parties:
and the decision of the courts in matters) civil and family;
(b)) decisions of courts in criminal matters on compensation and the return of the
asset.
(2) the decision of the courts within the meaning of the provisions of paragraph 1 shall be taken
also, decisions in matters of succession issued by the judicial authorities of the Contracting
Parties that are under their respective jurisdictions, in cases
probate.
Article 25
The decisions referred to in article 24 of this agreement, shall be recognised and enforced
under the terms of that
and) the decision is final and enforceable under the law of a Contracting
Party on whose territory it was issued;
b) against whom the judgment was given, and that the management of the
, was a timely and duly summoned under the law of a Contracting
Party on whose territory the decision was made, and in the case of procedural
disability was properly represented;
(c)) in the same case, on the same subject, and for the same reason was not previously released
between the same parties, the final decision to the competent judicial authority
the Contracting Party in whose territory the decision is to be recognised and enforced;
d) recognition or enforcement is not in conflict with the fundamental principles
the rule of law and public policy of the Contracting Party in whose territory the
the decision is to be recognised and enforced.
Article 26
(1) an application for recognition and enforcement of decisions may be lodged directly with the
the judicial authority of the Contracting Party in whose territory a decision has to be
enforced, or also at the Court which ruled on the matter; the request shall be referred to
the Court of the other Contracting Party in accordance with the provisions of article 6 of this agreement.
(2) the application shall be accompanied by:
and the original or a certified copy) of the decision together with the confirmation of the legal
power and enforceability, if it is not apparent from the decision itself;
b) proof that the party against whom the judgment was given, and
that procedure did not attend, was timely and duly summoned and, in the case
procedural incompetence, was validly represented;
(c)) a certified translation of documents referred to in points (a) and (b))) into the language
the requested Contracting Party, and, if this is not possible in the French language.
(3) an application for enforcement of a judgment may be filed at the same time as the application for
its recognition.
Article 27
(1) the judicial authority of the Contracting Party in whose territory the decision is to be
recognised and enforced, performs recognition and enforcement under the law of their
State.
(2) the judicial authority, which decides on the application for recognition and enforcement
the decision finds only whether the conditions referred to in articles
25 and 26 of this agreement.
Article 28
The provisions of this Agreement shall not affect the enforcement of the legal
regulations of the Contracting Party with respect to the money transfer or export things
obtained a decision.
Article 29
(1) If a participant is, freed from the security referred to in article 2 thereof,
sentenced to pay legal costs by a final judicial decision,
that has been issued by a Court of one Contracting Party, it is the decision of the
to be enforceable at the request of the participant, in whose favour the decision
issued on the territory of the other contracting party free of charge.
(2) the judicial authority, which decides on the execution of the decision referred to in
paragraph 1 shall be confined to the determination of whether a decision on court costs
is final and enforceable.
(3) the provisions of article 26 of this Agreement shall apply to the application for recognition and
enforcement of the decision and the documents attached.
CHAPTER VI
The ISSUE of
Article 30
The Contracting Parties undertake, in accordance with the provisions of this Treaty,
the person shall issue each other residing on their territory and to
be criminally prosecuted or have a sentence.
Article 31
(1) release for criminal prosecution is permissible only for the offences
that may be imposed under the laws of both Contracting Parties, the penalty
imprisonment exceeding two years.
(2) the issue of the enforcement of the sentence is permissible only for offences punishable under the
the laws of both the Contracting Parties for which the requested person was extradited
sentenced to imprisonment exceeding one year.
Article 32
Cannot be issued:
and) persons who on the date of receipt of the request for extradition are nationals of
the requested Contracting Party;
(b)) persons without citizenship who have permanent residence on the territory of the
the requested Contracting Party;
(c)) persons who gained the right to asylum on the territory of the requested Contracting Party.
Article 33
The issue is inadmissible if:
and the crime is committed) on the territory of the requested Contracting Party;
(b)) the offence for which extradition is being requested for, was committed outside the territory of the
the requesting contracting party and the legislation of the requested Contracting Party
does not allow criminal prosecution of a similar offence committed outside
its territory;
(c)), the legal order of one of the parties does not allow release;
(d) according to the laws of both) of the parties to the criminal prosecution may be
started only on the proposal of the injured party;
(e)), which is applied for, the release is under the law of one of the
of the parties barred or released, or if it occurs
another legitimate reason that does not allow for the commencement of prosecution or
sentence;
(f)) it was for the same offence against a person, whose extradition is sought, handed down
the final decision or the judicial authorities of the requested Contracting Party
stop the prosecution.
Article 34
(1) the request for extradition shall be sent through diplomatic channels. Must contain the
the name of the person who is to be extradited, the date and place of birth, her
country of citizenship, the details of the place of residence or stay, details of the factual
the essence of the offence and of the damage, which was caused by a criminal act.
(2) the request for extradition for the implementation of criminal prosecution shall be accompanied by a certified
a copy of the arrest warrant with a description of the committed offence, with details of
the evidence, as well as the texts of the provisions of the legislation which apply
the offence; If the offence was caused by property damage is
the amount must be specified.
(3) the request for extradition for the enforcement of the sentence shall be accompanied by a certified original of
a final court decision, as well as the texts of the provisions of
the Ordinance, which applies to the offense. If the convicted person had served part of the
the sentence, it is necessary to communicate the information about it.
(4) the requesting Party shall not be obliged to attach to the application for release
evidence of guilt required by the person.
(5) if the application does not contain all of the necessary information about the issue, the requested
Contracting Party to request additional information and for their communication to establish
period of 45 days. This period may be on the reasoned request of the applicant
the Contracting Parties shall be extended for not more than one month.
Article 35
After receipt of the request for extradition, if the conditions of issue,
the requested Contracting Party shall proceed without delay to the arrest of the person referred to
in applications for the issue, with the exception of cases when the issue under this agreement
It is not possible.
Article 36
At the express request of the person may be provisionally arrested before receiving
applications for the issue, referring to the competent judicial authority of the requesting
the Contracting Parties on the arrest warrant or decision has become final, and a request for
issue of the preliminarily notify. This express request may be sent by post,
by telegram or by any other means of written communication.
The requesting Contracting Party shall without delay be informed of the arrest
According to the provisions of this article.
Article 37
(1) if the requested additional information sent to it within the time limit
laid down in the provisions of article 34 of this Treaty, the requested Contracting Party
the arrested person may be released.
(2) a person arrested under the provisions of article 36 of this agreement can be
released, in the absence of the request within a period of 45 days from the date on which the
the requesting contracting party has notified to the provisional arrest.
Article 38
If the requested person criminal prosecution, or if this was
a person convicted for an offence committed on the territory of the requested Contracting
the parties, may be delayed until the end of the release of the prosecution and in
the case of a conviction until the end of the sentence.
Article 39
(1) at the reasoned request of the requesting Contracting Party may be required
a person temporarily to perform certain investigative measures, I would
postponement of the issue of the effect of prescription of the criminal prosecution or, in severe
It has deepened the extent of investigations required by the offence committed by the person.
(2) Temporarily released person, after the implementation of investigative measures, for
which it was issued, without delay, at the latest, however, returned within three months
from the date of temporary release.
Article 40
Where the release of the same person, the requested country shall decide
the party to whom a request. In doing so, shall take into account the State of citizenship
required by a person to the point of committing and the seriousness of the offence.
Article 41
(1) the requested Party shall notify the requesting Party of its
a decision on the issue.
(2) the requested Contracting Party, that enables the release, shall notify the applicant
the contracting side of the place and time of the release required by the person.
(3) the person whose extradition has been authorized, shall be released to freedom,
If it does the requesting party within 15 days from the date of
set out for the issue. If there is in this case, the extradition request
may be refused.
Article 42
Avoids the released person in any manner criminal proceedings or
the sentence in the territory of the requesting contracting party, that was this person
released, and resides in the territory of the requested Contracting Party, embarks on a
a new extradition request, without it being necessary to send the documents referred to in
the provisions of article 34 of this agreement.
Article 43
Issued by a person may be prosecuted or tried for an act other than a
for which it was released, it can be executed by a different punishment than the one to which the
the performance was released and can be extradited to a third State only
If:
and agree in advance) with the requested Contracting Party;
(b)) issued by a person who is not a national of the requesting contracting party,
has not left the territory of the requesting contracting party within one month after
termination of criminal prosecution or enforcement of a sentence; in this period,
does not count the period during which the released person could not leave the territory of
the requesting Contracting Party of the reasons independent of their will;
c) issued by the person left the territory of the requesting contracting party and voluntarily
She returned to them.
Article 44
The contracting party requesting the release of the requested Contracting Party shall communicate the result of the
criminal proceedings instituted against the released person. If the person has been released
sentenced, connects the original of the final judicial decision.
Article 45
(1) the Contracting Parties shall, at the request of one of them its territory transit
people that have been issued by a third country of one of the Contracting Parties.
The requested Contracting Party is not obliged to allow the transit operation in the cases where the
release under this agreement.
(2) an application for transit is administered and dealt with as well as the extradition request.
(3) the requested Party shall authorise the transit its territory in a manner that
considered to be the most advantageous.
Article 46
Release and transit costs shall be borne by the Contracting Party in whose territory arose, with
the exception of the transfer of the offender, which shall be borne by the requesting contracting
party.
Article 47
(1) at the request of the requesting party, the requested Party shall transmit:
and) things that may serve as evidence in criminal proceedings;
these things shall be also takes place if the release for death
of a requested person, for the fact that avoids criminal prosecution or other
reasons;
(b)) things that come from the offence or which served to
a criminal offence.
Release of the goods shall be carried out for confirmation.
(2) if the requested Contracting Party required things in criminal
proceedings may be provisionally detained or released with the condition that it will be
returned to the requested Party as soon as possible.
(3) the law of the requested Contracting Party or third-party rights to these things
shall remain unaffected. Things that relate to similar rights shall be delivered
as soon as possible and without the cost of the requested Contracting Party for the purpose of
their eventual return to the beneficiaries. Present to the legitimate
persons on the territory of the requesting contracting party, they may return them directly with the
the condition that the requested Party agrees.
(4) the transfer of sums of money or property shall be carried out in accordance with the legal
the order of the requested Contracting Party.
Article 48
(1) the Contracting Parties undertake, in accordance with its own law,
shall establish, at the request of the other Contracting Parties to the criminal proceedings against their
nationals who have committed on the territory of the requesting contracting party
the offence for which he is under the provisions of this agreement, the release possible.
(2) the request for the introduction of criminal prosecution shall be attached the file, containing
details of the crime and the evidence that the applicant contracting party to
available.
(3) the request to initiate a prosecution before the indictment is sent by
the Attorney General of one of the Contracting Parties to the General Attorney
the other Contracting Party. After the indictment, the request shall be sent by
through the central authorities referred to in article 6 of this agreement.
(4) the requested Party shall inform the other Contracting Party of the outcome of the
criminal prosecution, and if the release of the final judgment, it shall also
a copy thereof.
Article 49
In addition to the reasons specified in the provisions of article 9 of this agreement, the legal
help, if
and the application is made in respect of a crime) that is not in accordance with the legal system of the requested
the Contracting Parties to the crime;
(b) the application is made regarding) the offence for which it is not the issue under this
the Treaty permitted.
CHAPTER VII
Final provisions
Article 50
(1) this Treaty shall be ratified. The instruments of ratification shall be exchanged
in Prague.
(2) this Treaty shall enter into force 30. on the day after the exchange of instruments of ratification
of documents.
(3) this Treaty shall remain in force without duration. Each Contracting
Party may denounce it notification addressed to the other party
through diplomatic channels at least 6 months in advance.
Done at Algiers on 4 October. February 1981 in two original copies, each in the
language Czech, Arabic and French languages, all three texts being equally
the same force. In case of differences in interpretation, it will be taken into account to
the French text.
For the Czechoslovak Socialist Republic:
Bohuslav Chňoupek v.r.
For the people's Democratic Republic of Algeria:
Boualem Baki v.r.
