Minister of Foreign Affairs from 24 October. July 1983 concerning the contract between the
The Czechoslovak Socialist Republic and the Hellenic Republic on legal
assistance in matters of civil and criminal
22 December. October 1980 in Athens was signed between
The Czechoslovak Socialist Republic and the Hellenic Republic on legal
assistance in civil and criminal matters.
With the Treaty expressed their consent the Federal Assembly of the Czechoslovak
Socialist Republic and the President of the Republic has ratified it.
The instruments of ratification were exchanged in Prague on 16. June 1983.
The contract shall enter into force on the basis of its article 49 paragraph 2 day
July 16, 1983. On this day, the Convention shall cease to have force between
the Czechoslovak Republic and the Hellenic Republic on mutual legal
the protection and legal assistance in civil and commercial matters, as well as in the
matters of death 7. in April 1927, the famous No. 40/1929
Coll., Convention between the Czechoslovak Republic and the Hellenic Republic on the recognition
and enforcement of judgments of 7 May. in April 1927, the renowned No. 41/1929
Coll., and the Convention on extradition and legal assistance in criminal matters
between the Czechoslovak Republic and the Hellenic Republic of 7 April. April
in 1927, the renowned No. 42/1929 Sb.
Czech translation of the contract shall be published at the same time.
Ing. Chňoupek v.r.
between the Czechoslovak Socialist Republic and the Hellenic Republic on the
legal aid in civil and criminal
The President of the Czechoslovak Socialist Republic and the President of the Greek
of the Republic of
guided by the desire to further develop the friendly relations and cooperation between the two
States and guided by the desire to edit after mutual agreement in the area of legal aid
Civil and criminal law,
have decided to conclude this agreement and to this end have designated their
The President of the Czechoslovak Socialist Republic
His Excellency Andrei Barčáka, Minister of foreign trade,
The President of the Hellenic Republic
Constantine Mitsotakis, his Excellency the Minister for foreign
things, who having exchanged their full powers, found in good and
due form, have agreed as follows:
Legal protection and legal assistance in civil and criminal matters
The legal protection of
(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party,
the same legal protection of personal and property matters such as her own
(2) the citizens of one of the Contracting Parties may appear before the authorities of the other
the contracting parties active in civil and criminal matters. Before you can
These authorities to defend their rights, request, proposals for the initiation of the
proceedings and remedies under the same conditions as citizens of this
the Contracting Parties.
(3) the provisions of this Treaty, the citizens of the Contracting Parties shall be subject to
also, mutatis mutandis, to any legal person constituted under the law of one of the
Contracting Parties which have their registered office on the territory of that Contracting Party.
(1) the judicial authorities of the Contracting Parties shall, in matters governed by
This agreement each other legal assistance.
(2) For the purposes of this Treaty, the expression "in civil matters" also includes
commercial, family and work.
(3) for the purposes of this agreement, the term "judicial authority" means any authority
jurisdiction to hear the things covered by this Treaty in accordance with the legal
the order of his State.
The scope of legal aid
The Contracting Parties shall provide each other with legal aid's implementation
individual legal acts, in particular the signing, by sending and
service of documents, interrogating witnesses, parties to the proceedings, or
the accused, the implementation of expert opinions.
How to contact
(1) the judicial authorities of the Contracting Parties in the implementation of this agreement
meet each other, through the competent central authorities, if
This agreement does not provide for something else.
(2) For the purposes of this Treaty, the central authorities shall mean:
and) on the side of the Czechoslovak Socialist Republic:
The Prosecutor-General of the Czechoslovak Socialist Republic,
-the Ministry of Justice of the Czech Socialist Republic,
-the Ministry of Justice of the Slovak Socialist Republic;
(b)) on the side of the Hellenic Republic:
-the Ministry of Justice of the Hellenic Republic.
(3) the central authorities of the Contracting Parties used in mutual contact during
the implementation of this agreement, its official language, with a translation in
the French or English language.
(1) the request shall contain:
and the designation of the applicant authority,)
(b) the indications requested authority)
(c)), in which case the designation of legal assistance requests
(d)) first and last names of the participants, the accused, defendants or
convicts and, where applicable, their representatives, witnesses, their place of residence
or temporary residence, their nationality and profession in the criminal
matters according to the option place and date of their birth, and first and last names
the parents; in the case of legal persons, their name and address,
(e) the subject of the request and the data), which are necessary for the execution of the request,
(f)) in criminal matters also description and designation of the Court of an offence.
(2) the request and the attached documents must be drawn up in the language of the
the requested Contracting Party or shall be accompanied by translation into that language
or in the language of the French or the English. Each translation associated with
dožádáním must be authenticated to the authorised interpreter or
the diplomatic mission or consular post of a Contracting Party.
(3) the request will be provided with an original signature and the imprint of the official
The execution of the request
(1) when processing the request, the requested authority shall in accordance with the legal
the order of his State. However, it may, at the request of the applicant authority carry out
the request in the manner set out in it, if it is not in conflict with the law
the order of the State.
(2) If the requested authority is not competent to execute the request,
forward without delay to the competent authority is and shall inform the requesting
(3) if the address in the request is not accurate or if the person
which the request refers, to the address given, the requested authority shall
measures to determine the correct address.
(4) the requested authority to the applicant authority shall be notified in a timely manner, directly on his
place and time of the request, the processing of the request.
(5) after the execution of the request, the requested authority shall, at the request of returns, writings
to the requesting authority. In the event that it is not possible to comply with the request, it returns the
the requested authority of the writings of the applicant authority and simultaneously notify the reasons for the
that it is not possible to execute the request.
The requested authority shall arrange for the service of documents under the law of your
State if the document to be served shall be drawn up in the language of the requested
the Contracting Parties, or is accompanied by a certified translation into that language.
Otherwise, the requested authority shall forward the document to the addressee, if it is willing to
it voluntarily accept.
Proof of delivery
Delivery confirmation is signed by the recipient and proves with the imprint of the
official stamp, date and signature of the requested authority or confirmation
issued by that authority, which shows the way, place and time
delivery. To be served if it is sent in two copies, may
her acceptance and delivery to confirm the second copy only.
Service by diplomatic missions or consular offices
The Contracting Parties may serve documents its own citizens also
through their diplomatic missions or consular posts. In
this case may not be used, in law enforcement resources.
The protection of witnesses and experts
(1) a citizen who resides in the territory of one of the Contracting Parties and which has
to be heard before the authority of the other Contracting Party as a witness or
an expert is not required to attend the summons of authority;
the summons because it cannot contain the threat of compulsion for case
(2) a witness or expert who has appeared on the subpoena authority other
the Contracting Parties shall not be on its territory, regardless of their State
citizenship prosecuted or taken into custody nor on it may not be enforced
penalty before a court for judicial offense that was committed before the
crossing the State borders of the requesting contracting party. As well as
cannot be prosecuted or in connection with the filing of testimony or
the expert's report.
(3) a witness or expert will invalidate the protection referred to in paragraph 2 of this
the article, if it leaves the territory of the requesting contracting party, within seven days,
the date when the authority, which it called, announced that its presence
Furthermore, it is not necessary. This time limit does not count the period during which the witness
or expert could not leave the territory of that Contracting Party, of the reasons for it
(4) the Defendant a citizen has the right to compensation for the costs of travel and stay, as well as
and for loss of earnings and an expert in addition to insurance. In the summons,
indicate what compensation předvolanému belongs to. At his request, he will provide
advance on the reimbursement of expenses.
The cost of legal aid
(1) the Contracting Parties shall not claim compensation for the costs of the implementation of the set
In addition to the acts of legal aid lawyers and other expenses incurred in the
connection with the implementation of expert evidence.
(2) the taking of evidence expert opinion can bind to the condition of the composition
(3) the requested authority shall notify the requesting authority, on request of
the costs incurred by executing the request.
Refusal of legal aid
Legal aid may be refused if the requested Contracting
the party considers that execution of the request would be in breach of its legal
regulations or public policy or compromising its sovereignty
The central judicial authorities of the Contracting Parties shall, on request, provide
information on the laws that apply, or apply to their
the territory, together with their lyrics.
The validity of documents
(1) the instruments issued or authenticated in the prescribed form and bears
the official stamp of the competent national authority or official persons
(interpreter, expert) of one Contracting Party in the territory of the other do not require
the Contracting Parties further validation. This also applies to signatures on papers and
for the signatures that were verified in accordance with the laws of one of the Contracting
of the parties.
(2) of the Charter, which are on the territory of one of the Contracting Parties considered
the public, they on the territory of the other Contracting Party the burden of too much public
of the instruments.
The survey addresses
The central authorities of the Contracting Parties shall provide, on request, in accordance with the options
assistance in the identification of addresses of persons residing on their territory,
If it is necessary for the exercise of the rights of their citizens.
Sending of documents of civil status
(1) the Contracting Parties shall send each other extracts from the registers of birth,
the conclusion of the marriage and the death of the citizens of the other party, as well as
communication on the repairs and subsequent registrations within them.
(2) these statements and communications are to be sent from official duties, free of charge,
through the diplomatic channel.
The costs of proceedings
Exemption from the composition of the defence security
The citizens of one of the Contracting Parties, who act before the authorities of the other Contracting
the Parties shall, if they are to stay in the territory of one of the Contracting Parties, it is not possible
Save the composition of the defence of the security for costs of the proceedings just because of this, that
are aliens or on the territory of the other Contracting Parties shall not stay.
Exemption from fees and advances
Citizens of a Contracting Party on the territory of the other Contracting Parties are
exemption from fees and costs and other benefits, as well as
free legal assistance, under the same conditions and to the same extent as
the citizens of the other party.
(1) a certificate of personal, family and assets of the applicant for
the benefits referred to in article 18 shall be issued by the competent authorities of the Contracting Parties,
whose territory the claimant resides.
(2) if the applicant does not have these advantages of residence or temporary residence on the territory of the
any of the Contracting Parties may be issued diplomatic missions
or consular office of the State of which the applicant is a citizen of.
(3) the judicial authority, which decides on the application for the granting of benefits
referred to in article 18, may, from the authority which issued the certificate request
If the competent authority admitted the benefits referred to in article 18 of this
the Treaty, a citizen of the other party, apply to the whole of the proceedings and
also on the management performance of decisions.
(1) If a citizen of one of the parties makes a request for the granting of
the benefits referred to in article 18 of this Treaty before the competent authority of the other
the Contracting Parties, may do so from the competent authority referred to in point
his place of residence or temporary residence. This authority shall refer the request to the
together with a certificate issued in accordance with article 19 of this contract to the competent
authority of the other Contracting Party.
(2) the request may be filed at the same time with the proposal on the initiation of the proceeding.
Recognition and enforcement of a decision of the judicial authorities
(1) the decision of the judicial authorities of one Contracting Party in the civil
matters of immaterial nature will be recognized on the territory of the other Contracting Party,
for conditions that are not in conflict with this agreement. This is true even for
a decision issued before this Treaty has entered into force.
(2) the decision of the judicial authorities in civil matters property
issued on the territory of one Contracting Party, shall be recognised and enforced in the territory of
the other Contracting Party, if it was issued after the entry into force of this
of the Treaty. This also applies to the decisions of the Romania civil claim
in the criminal proceedings.
(1) the decisions referred to in article 22 of this agreement, shall be recognised and enforced in
the conditions that:
and) decision acquired the authority and shall be enforceable in accordance with the rule of law
the Contracting Party on whose territory it was issued;
(b)) shall not preclude the recognition and enforcement of the exclusive competence of the authorities of the Contracting Parties,
the territory of which recognition and enforcement is sought;
(c)) the participant against whom the judgment was given, and that the management of
He was, under the law of the Contracting Party in whose territory the
the decision was issued in a timely manner and duly summoned to participate in the proceedings and in
the case of procedural incapacity was duly represented;
(d)) decision does not conflict with the decision which has acquired the power to
issued previously between the same participants on the same claim and on the same legal
the basis of the Court of the Contracting Party on whose territory is to be
recognised and enforced;
(e)) before the authority of the requested Contracting Party not between the same
participants and about the same things, which was launched as the first;
(f)), the Contracting Party in whose territory the recognition or enforcement is sought has
that performance will not be threatened by recognition or its sovereignty or
security or public order.
(2) Preliminary decisions and interim measures shall be enforceable in
the requested State to recognise and execute, even when subject to the proper weighting
If the resources can be in this State issued and enforced.
On the recognition and enforcement of the decision shall be decided by a judicial authority of the Contracting
the party in whose territory the decision is to be recognised or enforced.
(1) proposal for a regulation on the recognition or enforcement of a judgment may be made
directly to the competent judicial authority of the party in whose territory the
the decision to recognise or execute, or judicial authority, which in the case
as the authority of first instance decided; in this case, the proposal shall be forwarded
authority of the other party in the manner referred to in article 4 of this Treaty.
(2) the proposal is accompanied by:
and) decision of the judicial authority or a certified copy of this decision to the
confirmation of legal power and on the enforceability, if it does not follow from the
the text of the decision itself;
b) proof that the party against whom the judgment was given, and the
that is, management was in accordance with the law of the Contracting Party in
whose territory the decision was issued, properly and timely summoned to participate in the
management and in the case of procedural incapacity was duly represented, if
It does not follow from the wording of the decision;
(c)) a certified translation of documents referred to in the proposal and letters) and (b))
This paragraph into the language of the requested Contracting Party or
French or English.
(1) the judicial authority, which decides on the proposal on recognition and execution
decision, shall examine whether the conditions referred to in article 23 of this
of the Treaty.
(2) the judicial authority of the Contracting Party on whose territory is to be
recognised or enforced, it shall proceed according to the law of his State.
(1) if the participant exempt from the composition of the defence of
the costs of proceedings referred to in article 17 of this Treaty imposed by decision of the
the judicial authority of one Contracting Party that has power,
to pay the costs of the proceedings, the decision on the proposal of the authorised person
runs on the territory of the other contracting party free of charge.
(2) design and its annexes shall be drawn up in accordance with article 25 of this Treaty.
(3) the judicial authority, which decides on enforcement referred to in paragraph 1
This article is limited to the determination of whether the decision has cost
law and is enforceable.
Authority of the Contracting Party on whose territory the cost control has become,
the competent judicial authority of the other Contracting Party, that the costs and
charges elicit. The judicial authority of the amount collected shall be cast by the diplomatic
Mission or consular post of a Contracting Party, the authority of the recovery
The criminal case
(1) each Contracting Party undertakes, at the request of the other party
launch under its law of criminal prosecutions against its citizen,
that on the territory of the other Contracting Party has committed an indictable offence.
(2) the request for prosecution will join the files relating to the matter, all
the available evidence, data about the damage caused, and the text of the criminal
provisions applicable to act according to the law in force at the place
(3) a Contracting Party which initiated the prosecution, without delay, notify the
the other side of the outcome of the criminal proceedings. Will be issued
final judgment, shall be sent at the request of his copy.
(4) the Rights of victims to compensation applied before passing
the prosecution in the case of the judicial authority of the requesting Contracting Party shall be
discussed in the proceedings in the territory of the requested Contracting Party.
The issue of
Obligation to issue
(1) the Contracting Parties undertake, subject to the conditions laid down in this
at the request of the Treaty shall be issued for the implementation of criminal proceedings or for the performance of
the punishment of the person residing on their territory.
(2) the issue of the implementation of the criminal procedure is permissible only for the acts of
criminal, which can be stored in accordance with the laws of both
the Contracting Parties by deprivation of liberty for a period exceeding one year.
(3) release to the enforcement of the sentence is permissible only for the acts of criminal
According to the laws of both the Contracting Parties for which the requested person was extradited
sentenced to imprisonment for at least six months, or to the penalty of
(4) with the exception of the provisions of article 31 (a). and), c) and (d)) may not be refused
the issue of persons who have committed unlawful acts against the safety of
Civil Aviation within the meaning of the provisions of the Convention for the Suppression of
unlawful seizure of aircraft, signed at the Hague 16.12.1970
The Convention for the Suppression of unlawful acts against the safety of
of civil aviation, signed in Montreal 23.9.1971, as well as persons,
to have committed unlawful acts within the meaning of the provisions of other
international conventions against terrorism, of which the Contracting Parties are
or will the Czechoslovak Socialist Republic and the Hellenic Republic.
(5) If a request for the extradition of several different Court of crimes,
for that you can save in accordance with the laws of both Contracting Parties, the penalty
imprisonment, but some of which do not meet the conditions for the issue of
referred to in paragraphs 2 and 3, the requested Party may allow the release also
for these criminal offences.
Refusal to issue
The issue is inadmissible if:
and the person is required) a citizen of the requested Contracting Party on the date of delivery of the
requests for extradition;
(b)) the crime is committed on the territory of the requested Contracting Party;
(c)) under the law of the requested Contracting Parties to criminal proceedings cannot
be brought or the judgment cannot be enforced because of the lapse or from
other legal reasons, having the same effects;
d) issue is not permissible under the law of the requested Contracting Party;
(e)) against the person whose extradition is sought, the Court for the same offence on
the territory of the requested Contracting Party handed down a final judgment or criminal
the procedure was stopped;
(f)) under the law of one of the Contracting Parties to the prosecution
only on a proposal from the injured party initiated.
(1) the request for extradition must contain the name and surname of the person whose extradition
is requested, the date and place of birth, her nationality, her
residence, the particulars of the crime committed and the damage has been caused.
(2) the request for extradition for prosecution is attached a certified copy of
the arrest warrant, or other instrument having the same force, a description of the
committed the crime, and the texts of the provisions of the legislation which apply
for an offence committed by a person that is required. In the case of indictable offence against the
asset damages shall also, if it was caused by.
(3) the request for extradition for the enforcement of the sentence shall be attached a certified copy of
the judgment, which took legal force, as well as the texts of the provisions of
According to the transcripts, which will be assessed by a performance. If the convicted person has already
He did part of the sentence, what part shall be performed.
(4) the requesting Party shall not be obliged to attach to the application for release
evidence of the guilt of the person required.
Arrest for extradition purposes
In the event that the request for extradition is justified enough under this
the Treaty, the requested Contracting Party shall take the necessary measures, without delay,
in accordance with their national legal systems to the arrest of the person whose extradition is sought.
Complete the request for extradition
(1) if the extradition request does not contain all the necessary information, you may
the requested Party may request additional information and determine a deadline for
two months to send them to. This period may be for legitimate reasons
(2) If the requesting party does not demand additional information
within a specified period, the requested Contracting Party may zatčenou person.
(1) the arrest may be carried out even before receiving the application, if
the requesting contracting party expressly so requests, and shall give notification that was issued
the arrest warrant or other instrument having the same force, or
the judgment, on the basis of which it will ask for the release. The request for a preliminary
the arrest may submit by mail, telegram or any other means
capturing the contents of the request in writing.
(2) in cases of emergency and if the committed act is extremely
serious, the competent authorities of the Contracting Parties may, without an application by the
paragraph 1 provisionally arrest a person holding on their territory,
According to their information, she committed on the territory of other Contracting Parties legally
the offence for which the release is possible.
(3) the other party must be about the arrest by the previous paragraphs
notified without delay.
The release of the arrested persons provisionally
(1) a person arrested under article 35, paragraph. 1 of this contract may be
released, if the extradition request is not within one month after
the announcement of the provisional arrest of the requesting contracting party.
(2) a person arrested under article 35, paragraph. 2 this Agreement shall be released,
If the request for extradition or provisional arrest in accordance with article 35, paragraph.
1 does not occur within twenty days after the announcement of the arrest of the requesting contracting party.
Postponement of the issue
If the person whose extradition is requested is prosecuted or has
a sentence for another crime committed by the Court in the territory of the requested
the Contracting Parties, the issue may be put off until the end of criminal proceedings
or to the end of the sentence or the waiving of punishment or
remission of sentence.
(1) if the postponement of the issue in accordance with article 37 of the Treaty, may be
the cause of the lapse or serious difficulties of criminal prosecution, a person
whose extradition is requested, the requesting Contracting Party may be released
(2) Temporarily released by the person shall be returned without delay after the execution of the
procedural acts for which it was issued, but no later than three months
from the date of issue of the temporary.
Several applications for release
If the extradition of the same person calls several States requested Contracting
the party will decide on the request. Taking into account, in particular, to the
State citizenship, as required by the nature of the offence committed by the person, and the point
a criminal offence, as well as to the order of receipt of the applications.
The limits of criminal prosecution issued by the person
(1) without the consent of the requested Contracting Party shall not be issued to a person criminally
prosecuted or it may not be enforced for another criminal court judgment
the Act had been committed before the release, for which the release was permitted.
(2) without the consent of the requested Contracting Party shall not be issued to a person released
to a third State.
(3) the consent of the requested Contracting Party is not required if:
and the person leaves) issued within one month after the end of the criminal
prosecution or enforcement of a sentence after the territory of the requesting contracting party; into this
the deadline shall be the period during which the person could not issued to leave the
the territory of the requesting contracting party, irrespective of their will;
(b)) issued by the person left the territory of the requesting contracting party and again on
This territory voluntarily returned.
The handover of released persons
The requested Contracting Party shall notify the requesting Contracting Party of the time and location
the release of the requested person. If the requesting party does not take the
the released person within ten days from the date set for the release, can be
This person released. At the request of one of the Contracting Parties may be
deadline extended for another ten days.
Avoid if issued by a person or a criminal prosecution and imprisonment
If he returns to the territory of the requested Contracting Party, will be on a new request
released without the submission of the documents referred to in article 32 of this Treaty.
The communication of the results of the criminal proceedings
The requesting Contracting Party shall notify the requested Party result
criminal proceedings against the released person. If the conviction against that person,
the judgment shall, on request, after the acquisition of legal power, its copy.
(1) a party shall, at the request of the other Contracting Parties through the
its territory of transit of the person who was issued the third State Contracting
party requesting the transit. Application for authorization of transit may be refused
for the reasons referred to in article 31 of this agreement.
(2) an application for transit operations shall be made and dealt with as an application for
(3) the authorities of the requested Contracting Party shall carry out the transit on its territory
in a way, that they consider most appropriate.
The issue of costs and transit
The costs associated with the issuance shall be borne by the Contracting Party in whose territory they arose.
The cost of the transit operation shall be borne by the requesting contracting party.
The release of things
(1) the requesting Party shall be issued by the things that have been used to
committing indictable offence for which the extradition under this contract
possible, as well as things that the offender in such a judicial crime
He won, and if these things fed their equivalent, or things
which may serve as proof; these things shall be issued in this case,
When to release cannot occur.
(2) the requested Party may temporarily postpone the release of the set of things,
If they are needed in a criminal proceeding.
(3) the rights of third parties to things remain unaffected. After the end of
the criminal proceedings will return these things to the requesting Contracting Party of the requested
Contracting Party, so that they can be returned to the authorized persons. In justified
cases and with the consent of the requested Contracting Party may be the stuff returned
authorized persons directly.
Special provisions on legal assistance in criminal matters
Notification of the conviction
(1) the Contracting Parties shall submit reports on each other's judgments in criminal
matters for which the courts of one Contracting Party brought over the citizens of the other
the Contracting Parties and which have acquired legal force.
(2) on the basis of a reasoned request, the Contracting Parties shall notify the convicting
judgments on persons who are not citizens of the requesting contracting party.
(3) the Contracting Parties shall, on request, be sent to the fingerprints of persons referred to in
paragraphs 1 and 2 of this article.
Extracts from criminal records
The authorities of the Contracting Parties shall forward to the criminal evidence in accordance with their
the legislation of the judicial authorities of the other Contracting Party, at their request,
extracts from a criminal record.
(1) this Treaty shall be ratified. The exchange of instruments of ratification will be
performed in Prague.
(2) this Agreement shall enter into force on the 30th day after the Exchange
instruments of ratification.
This agreement is concluded for an unlimited period of time. Any Contracting Party may
Terminate the contract by written notification through diplomatic channels. Notice of termination
It shall take effect six months after receipt of the notice by the other Contracting
Date of entry into force of this Agreement shall cease to have effect:
and the Convention between the Republic of the Czechoslovak) and the Republic of Greece on the
the mutual legal protection and legal power in civil and
business, as well as in matters of probate from 7. in April 1927,
(b)) the Convention between the Republic of the Czechoslovak Republic and the Greek for recognition
and enforcement of judgments of 7. in April 1927,
(c)) the Convention on extradition and legal assistance in criminal matters between the
The Czechoslovak Republic and the Republic of Greece from 7. April 1927.
On the evidence of the agent of both parties, have signed this Treaty and
join your seals.
Done at Athens, 22 March. October 1980 in two original copies in the
the language of French.
For the Czechoslovak Socialist Republic:
Andrei Noreezz v.r.
In the Hellenic Republic:
Constantin Mitsotakis v.r.