The Treaty Between The Czechoslovak Socialist Republic And The People's Dem People. Republic On Legal Aid

Original Language Title: o Smlouvě mezi ČSSR a Alžírskou dem. lid. rep. o právní pomoci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=36093&nr=17~2F1984~20Sb.&ft=txt

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.