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On The Suppression Of Counterfeiting Currency

Original Language Title: o potírání penězokazectví

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15/1932 Sb.



CONVENTION



on the Suppression of counterfeiting currency.



The name of the Czechoslovak Republic.



The name of the Czechoslovak Republic,



Albania, Germany, the United States, Austria, Belgium, the great

Britain, Ireland and the British overseas countries, India, Bulgaria, China,

Colombia, Cuba, Denmark, the free city of Gdanska, Spain, France,

Greece, Hungary, Italy, Japan, Luxembourg, Monaco, Norway, Panama,

The Netherlands, Poland, Portugal, Romania, the Kingdom of Serbs, Croats and

Slovenes, Union of Soviet Socialist Republics and Switzerland



was negotiated this Convention, the Protocol and the Optional Protocol:



The President of the Czechoslovak Republic:



Dr. Jaroslav Kallaba,



Professor of international law and criminal law at the University in Brno;



who předloživše his full power, and shledavše is in good and proper

the form, they agreed on the following provisions:



THE FIRST PART OF THE



Article 1.



The High Contracting Parties recognize that, in the present circumstances, the rules are

contained in the first part of this Convention is the most effective means of

not face of counterfeiting currency and is potírati.



Article. 2.



The word "money" in this Convention shall mean the money Paper, including in

It notes, and metal money in circulation according to the law.



Article 3.



For a general offence shall be punished:



1. who fraudulently fake money ever made, or who violates

the money, let the use of any resource;



2. who fraudulently fake money put into circulation;



3. who takes anything to the end, to make fake money into circulation,

imported into the State, or enlist the science that are fake;



4. which of these offences and who try to purposely take part in them;



5. who fraudulently made, accepts or affix the tool or other

objects which by their nature are intended for the manufacture of fake money

or violation of the money.



Article 4.



Each of the acts referred to in article 3, have been committed in various States,

thought me to be a separate offence.



Article 5.



With the perspective that cannot be--whether in the facts set out in the

Article 3. Depending on whether custom or foreign currency; This provision

do not depend on the condition of reciprocity, whether prescribed by law or

the Treaty.



6.



States, which admit the principle of international zpětnosti,

a conviction in a foreign country for any of the offences referred to in article 3. under the terms of

due to their laws as the basis of such zpětnosti.



Article 7.



If the legislation so permits, to the private party joined

to control, will have foreigners, including after the event and the High

The party, which has been counterfeited currency, such as the privacy of participants

all the rights that the law of the State where the proceedings take place, shall recognize the

its own nationals.



Article 8.



States which do not recognise the principle of extradition of own nationals, are

obliged to chastise their own citizens, who have committed offences abroad

referred to in article 3. and then returns to the territory of his State, as well as

If the crime is committed on their territory; This also applies in this case, that

vinník takes citizenship only after committing the offence.



This provision cannot use it, where it would in that case be

enabled the release of foreigners.



Article 9.



Foreigners who have committed offences abroad referred to in article 3. and

present on the territory of the State which has adopted legislation, as a General

the rule of the principle that offences have to be punished, even if they were

committed abroad, they have to be punished as well, as if the offense was

committed in the territory.



The obligation to stíhati depends on the condition that the extradition was requested and that the

the requested State cannot vinníka due to the soul, which has nothing to do with the

a criminal offence.



Article 10.



The facts referred to in article 3. themselves are included in the

surrender offences in all the treaties on the extradition of criminals,

that each of the High Contracting Parties have negotiated among themselves or

will agree.



The High Contracting Parties which do not make extradition dependent on

the existence of the contract or the condition of reciprocity, recognise that the factual

nature referred to in article 3. included are from the period between the

the offences for which the permit's issuance.



The release of criminals shall be according to the law of the requested State.



Article 11.



Fake money, tools, and other objects of the above-mentioned article 3., 5.,

have fun and be declared forfeited. The money, tools, and articles

If you have been declared forfeited, shall be issued at the request of either Government or

cedulové Bank whose currency is running, must not on evidence which

storage of the archive in the criminal laws of the State, lays down where held

management, or samples, which would render the control panel vhodno,

in article 12. All of these items should be always do

unfit for use.



Article 12.



Each State has the Organization of search in the field of counterfeiting currency to be

entrusted within the internal laws of the specific controller.



This Exchange has to be in close contact:



and central to the Constitution);



(b)) with the police authorities within the State;



(c)) with the NCBs of other States.



Has soustřeďovati in any State of any message that may usnadniti

defense against counterfeiting and its suppression.



Article 13.



The Central Office of the individual States will be dopisovati to each other directly.



Article 14.



If it is considered appropriate, each operator at the central offices of other States

uložiti collection of genuine, but deteriorated samples of money.



In the same range has foreign exchanges and regular podávati report

poskytovati them all the necessary information:



and new money emissions) in their State;



(b)) to download money and about the deadline to exchange them.



The importance of the distinction, only local cases of each operator, if the

It is appropriate, oznamovati foreign exchanges:



1. the discovery of the fake money. To report on falsification of banknotes or

had accompanied the technical description of the counterfeits, which shall bear only the

cedulový Institute, whose money has been altered in any way; zaslati to be a photographic

slide and specimen of the fake money. In urgent

cases can be zaslati to the participating exchanges confidential report and the General

Description, police authorities; This does not affect the report or

technical description, which makes the above mention;



2. the investigation, prosecution, arrest, conviction, and notice is given, or penězokazů

the change of their stay and all the appropriate messages, particularly descriptions of persons,

fingerprints and podobenky penězokazů;



3. detailed reports about the discovery of the production, with an indication of whether the disclosure is

enable the zabaviti all of the counterfeits, which were put into circulation.



Article 15.



Representatives of the exchanges of High Contracting Parties will, with the participation of representatives of the

cedulových bank and the participating central authorities konati occasional meetings to

the end of that, in matters relating to defense against counterfeiting and

his tackling was ensured, improved and built direct

International synergies. Some of these meetings will be pojednati

on the Organization and on the control of the Central Office for international news.



Article 16.



The request for legal aid in proceedings for the offences referred to in article 3

will be sent to:



and above all, directly between the courts) (authorities), or through the control panel;



(b)) in the direct contact between the Justice Ministers of both States, or so that the

the authority of the requesting State shall submit a request directly to the Minister of Justice

of the requested State;



(c)), through the diplomatic or consular representative of the

of the requesting State, in the State addressed; This shortcut sends the request

directly to the competent court (the Office) or Office, which will be designed to

the Government of the requested State, and receives directly from this Court or Office

instrument of decision the request.



In the cases of and), and (c) a copy of the request) will be about legal aid at the same time always

submitted to the authority of the requested State even higher.



If it is not about another agreement, a request for legal aid in the language of the

the requesting authority, the requested State shall remain reserved to the

a translation into your language, certified by the authority by the applicant.



Each High Contracting Party shall notify each of the other High Contracting

The parties, one or several ways that recognizes the correspondence for the request

the High Contracting Parties.



Until some high contracting party does not make such a notification, preserves

the cause of the request for legal aid in your existing workflow.



For the execution of the request for legal assistance may be to pay the fees or

other expenses in addition to the fees of the expert.



This article cannot be vykládati, so that the High Contracting Parties are required to

in criminal matters, to permit such evidence that does not match the

their law.



Article 17.



The participation of any of the High Contracting Parties to this Convention cannot be vykládati

so, that touches her opinions on the general question of jurisdiction to the

criminal jurisdiction as to the question of international law.



Article 18.



This Convention shall not affect the principle that the offences referred to in article 3. with

in each qualifying State prosecutes and assessed in accordance with the General principles of

its internal legislation, but not these acts zaručiti

the impunity.



THE SECOND PART.



Article 19.



The High Contracting Parties agree that all disputes, which between them
may vzniknouti in the interpretation or use of this Convention will be submitted,

If it is possible to vyříditi direct negotiation, the standing of the International Court of Justice

Justice to them. If you do not have the High Contracting Parties,

between whom there is a dispute, or some of them participate in the the Protocol of

December 16, 1920 on the Permanent Court of international justice, the

the dispute in accordance with their wishes and according to constitutional rules of each of them

submitted to the International Court of Justice, either Standing or arbitration

the Court set up under the Convention. October 1907 on peaceful handling

international disputes or any other arbitration.



Article 20.



This Convention, of which the French and English texts is equally authentic,

It will have today's date; until 31 December 2006. in December 1929, will be her podepsati

on behalf of any member of the League of Nations and on behalf of any State

Member, who were represented at the Conference, which has drawn up this

Convention, or which the Council of the League of Nations sent a copy of this

Of the Convention.



This Convention shall be ratified. The instruments of ratification shall be surrendered

the General Secretary of the League of Nations, which shall notify all the members of the

The League of Nations, as well as the States, non-members, referred to in the previous

paragraph, that is received.



Article 21.



From the 1. January 1930 can be přistoupiti to this Convention on behalf of the

any member of the League of Nations or of any Member State

According to article 20 of this Convention, which has not signed.



The instruments of accession shall be handed to the Secretary of the company

The Nations, which shall notify all the members of the League of Nations, as well as the States

non-members referred to in the said article that is received.



Article 22.



States that are willing to ratifikovati the Convention referred to in the second paragraph of

Article 20. or přistoupiti referred to in article 21, which, however, desire,

willing to make reservations on the implementation of the Convention, may its intention to

zpraviti General Secretary of the League of Nations. The Secretary General

Company of Nations shall notify such reservations without delay the High Contracting

The parties on whose behalf the instrument of ratification has been deposited or

access and may, if they are not the opposition. If it fails, none of the

High Contracting Parties within a period of six months from the notification of the

the opposition, it will have for the rest of the High Contracting Parties agree

to a State which has made a reservation, attended the Convention with the said

subject to.



Article 23.



Ratification of any High Contracting Party or its access to this

The Convention indicate that their legislation and administrative organisation are in

compliance with the rules contained in this Convention.



Article 24.



Not if any High Contracting Party when signing, ratification of the

or the access to the contrary, the provisions of this Convention shall not apply to the settlements,

overseas territories, protectorates or the territories under the sovereignty or under

the mandate.



The High Contracting Parties will, however, have the right, to the Convention for přistoupiti

the conditions of articles 21. and 23. under their settlement, overseas possessions, for the

protectorates and territories under the sovereignty or under mandate. Reserve the

also the right Convention separately under the provisions of article 27 of the vypověděti.



Article 25.



This Convention does not enter into force until it is ratified or until

It has five members of the League of Nations or States non-members.

Shall take effect on the 90th day after that, when the General Secretary

The League of Nations will receive the fifth ratification or report on access.



Article 26.



Any ratification or access, which occur when the Convention became

effective in accordance with article 25, shall take effect on the 90th day after that, when

General Secretary of the League of Nations is received.



Article 27.



This Convention will be vypověděti on behalf of any member of the Company

Nations or by written notification to the Member State Secretary

The League of Nations, which advise all members of the League of Nations

and States non-members, as referred to in article 20. Termination shall take effect for the year

then, when the Secretary General receives the League of Nations; will have

force against the High Contracting Party, in whose name it was given.



Article 28.



This Convention shall be registered with the General Secretary of the company

Nations in the day, when it enters into force.



On conscience sign the above agents appointed by this Convention.



Done in Geneva, the twentieth of April of the year one thousand devítistého the twentieth

ninth, in a single copy which shall remain deposited in the archives of the

The League of Nations, and certified true copies of which shall be sent to all members of the

The League of Nations and States, non-Member States referred to in article 20.



Annex.



Protocol



(I).



The explanatory notes.



Přistupujíce for signature of a Convention with today's date declare subscribers

agents that cause the individual provisions of the Convention be adopted below

referred to the explanatory notes:



Is the consensus that



1. counterfeiting circumlocution on Bill, the purpose of which is to note the

become a valid in a specific State, is counterfeiting of banknotes;



2. the Convention shall not affect the rights of High Contracting Parties upraviti their own

According to its legislation, the recognition of the system of exclusion and cancellation of

that, as well as the right to pardon and Amnesty;



3. the principle expressed in article 4. The Convention does not alter in any way the rules applicable

in the State of imposing a sentence in criminal offences. This policy does not prevent the

also, to the person, which is also padělatelem and rozšiřovatelem, was

prosecuted just as the forger;



4. the obligation of the judicial vyřizovati the request of the High Contracting Parties to the

stores only within the limits of the law.



II.



Reservations.



The High Contracting Parties, that makes the following reservations, makes them

the condition for the adoption of the Convention, its parties; other High Contracting

The Parties shall accept the participation of those with these reservations.



1. the Government of India makes the reservation that the provisions of article 9. will not pay through the nose for India,

where the competence of the legislative power does not belong to clarify the rule expressed

in that article.



2. Until the completed negotiations for the abolition of the konsulárního judiciary,

that takes in favour of nationals of certain powers, cannot

the Chinese Government accept article 10. on a general obligation that the Government allows

the issue of foreigners for charges of counterfeiting currency, raised by a third State.



3. The delegation of the Union of Soviet Socialist Republics reserves its

the Government, to the provisions of article 20, entitled zaslati, if it's

She wishes, its instrument of ratification to another State, that its copy of the delivered

the General Secretary of the League of Nations to take communication to all about it

States which have signed the Convention or acceded to it.



III.



The Declaration



Switzerland



Accesses the signature of the Convention, the representative of Switzerland said:



"The Federal Council, the Swiss can take care of criminal liability

the provisions of the Convention, until a positive decision on the introduction of

a unified criminal code in Switzerland, and points out that because

should the deadline not ratification of the Convention.



However, the Swiss Federal Council is willing to set out to do in the scope of their

the powers of the administrative provisions of the Convention, once it becomes effective according to the

Article 25. "



Union Of Soviet Socialist Republics.



Accesses the signature of the Convention, said a representative of the Union of Soviet

Socialist Republics:



"The delegation of the Union of Soviet Socialist Republics přijímajíc

the provisions of article 19. declares that the Government of the Union does not intend to, if

regards, dovolávati with the powers of the standing International Court of Justice.



The delegation of the Union of Soviet Socialist Republics declares also

specifically, in that it accepts the provisions of the same article, that the disputes which

could not be dealt with direct negotiation, have podléhati to any

another arbitration with the exception of the Permanent Court of international

Justice, does not have the change to see the opinion of the Government of the Union of the

the general question of arbitration as a means of settling disputes between

States. "



If this Protocol contains commitments of the High Contracting Parties, the

the same validity and binding effect and duration as the Convention today, and the

as an integral part thereof.



On the conscience of the subscribers joined its signatures to the end of the log.



Done at Geneva, this twenty-year April one thousand nine hundred and twenty

nine in a single copy which shall be deposited in the archives of the Secretariat of the

The League Of Nations; a certified copy will be handed to all members of Society

Nations and States, non-Member States that were represented at the Conference.



Albanie



Dr. Stavri Stavro



Germany



Dr. Erich Kraske



Dr. Wolfgang Mettgenberg



Vocke



United States



Hugh R. Wilson



Austria



Dr. Bruno Schultz



Belgium



Servais



United Kingdom and Northern Ireland, as well as for all parts of the British Empire,

which are not separate members of the League of Nations



John Fischer Williams



Leslie S Brass



India



Vernon Dawson



Facultativní Protocol.



Appreciating the significant progress in the fight against counterfeiting, which was

achieved today's Convention on the Suppression of counterfeiting currency, High

Contracting Parties which have signed this Protocol is subject to ratification,

that, in the mutual relations, when the extradition will be the facts of the

referred to in article 3. the said Convention thought me for general offences.



The issue will be allowed under the law in force in the requested State.
Subject to the provisions set out below, shall apply to this Protocol,

the provisions of the second part of that Convention:



1. This Protocol may be signed in accordance with article 20. Convention on behalf of the

any State-member of the League of Nations and any State

Member-who was represented at the Conference and signed the Convention or

signed or to which the Council of the League of Nations shall send a copy of the Convention.



2. the Protocol shall enter into force when it is ratified by or to him

accesses the three States, which are members of the League of Nations, or which

its members are not.



3. The ratification of this Protocol, and access to it is not dependent on the ratification of the

or the access to the Convention.



On the conscience of the agents listed below have signed this Protocol.



Done at Geneva, in a single copy, which is annexed to the Convention on the

the fight against counterfeiting, on the 20th of April, one thousand nine hundred

Twenty-nine.



Austria



Dr. Bruno Schultz



Colombia



A. J. Restrepo



Prozkoumavše this Convention, the Protocol and the Optional Protocol, we endorse the

and we confirm it.



The conscience we have signed this sheet and the seal of the Republic of

The Czechoslovak přitisknouti.



In the Bystřičce 20 December. August 30th devítistého the first one thousand years.



The President of the Czechoslovak Republic:



T.g. Masaryk v.r.



Minister of Foreign Affairs:



Dr. Edvard Beneš-v.r.



Announces, that the instrument of ratification of the Czechoslovak Republic

was stored in the Secretariat of the League of Nations on 12 June 2006. September 1931, so

The Convention became for the Czechoslovak Republic under article 25.

the international scope of the day 11. in December 1931.



Treaty, Protocol, and an optional protocol are bound by the following States:



Spain (date of deposice 28./IV. 1930), Bulgaria (date deposice

22./1930), Estonia (date deposice 30/VIII. 1930), Portugal

(date deposice/18./IX. 1930), Yugoslavia (date deposice 24/XI.

1930), Norway (date deposice 16/III. 1931), Greece (date deposice

19/1931), Austria (date deposice 25/VI. 1931), the Union of Soviet

Socialist Republics (deposice date 13/VII. 1931), Czechoslovakia

(date of deposice 12/IX. 1931) and Monaco (the date deposice 21.-1931).



Romania has ratified the Optional Protocol only (date deposice

10./XI. 1930).



Denmark with Iceland have deposited the instrument of ratification 19 May 1st/2nd 1931 with

subject to the Convention with the Protocol takes effect, as regards Denmark, the

until the entry into force of the criminal code, the Danish/IV. from 15. 1930.



Dr. Benes v.r.