97/1960 Coll.
Decree
Minister of Foreign Affairs
of 7 November. June 1960
the Treaty between the Czechoslovak Republic and the Albanian people's
Republic on legal assistance in civil, family and criminal
16 December 2002. January 1959 in Prague was signed the Treaty between the Czechoslovak
the Republic of Albania and the people's Republic on legal aid in matters of
civil, family and criminal matters.
With the Treaty, the National Assembly expressed its consent on 13 November. May 1959 and
It was ratified by the President of the Republic on 30 November. December 1959. Instrument of ratification
the instruments were exchanged in Tirana on 28. April 1960.
According to article 74, the Treaty entered into force on 28 June. May 1960.
The Czech version of the Treaty shall be designated at the same time.
David v. r.
Contract
between the Czechoslovak Republic and the people's Republic of Albania concerning the legal
assistance in civil, family and criminal
The President of the Czechoslovak Republic and
People's Assembly Presidium of the people's Republic of
guided by the wishes of the most consolidate friendly ties between the two countries and
their peoples and to develop cooperation in the field of legal relations,
conclude an agreement on legal assistance in civil, family and
criminal, and to this end have designated their agents:
the President of the Czechoslovak Republic
Dr. Václav Damage, the Minister of Justice,
People's Assembly Presidium of the people's Republic of
Behara Shtyllu, Minister of Foreign Affairs,
who vyměnivše Attorney's and shledavše is in good and due form,
They agreed on this:
Part I
General provisions
Article 1
The legal protection of
1. citizens and legal persons (hereinafter referred to as "citizens") of one Contracting Party
shall enjoy in the territory of the other Contracting Parties the same legal protection as
of their personal and property rights, such as their own citizens.
2. citizens of one of the Contracting Parties shall have free and unimpeded access to
courts, prokuraturám and State Notary Office (hereinafter referred to as "judicial authorities"),
as well as other authorities of the other Contracting Party within whose jurisdiction include
civil, family and criminal, can act before them, and
submit proposals and actions under the same conditions as the nationals of that Contracting
party.
Article 2
The provision of legal aid
1. the judicial authorities of both Contracting Parties in civil, family
and criminal matters to provide legal assistance to each other.
2. the judicial authorities providing legal assistance and other authorities in matters of
referred to in paragraph 1 of this article.
Article 3
How to contact
1. the provision of legal assistance to the judicial authorities of both Contracting Parties,
come together through their central authorities, if in this contract
There is something else.
2. other authorities within whose jurisdiction includes civil law or
the family, meet with the judicial authorities of the other party
through the diplomatic channel.
Article 4
The scope of legal aid
The Contracting Parties shall provide each other with legal aid implementation
the individual procedural acts, in particular the provision of, and receiving
documents the implementation of inspections by withholding things, receiving and issuing
factual evidence, expert opinions, the interrogation of the accused,
the witnesses, experts, participants and other persons, the implementation of the inspection,
as well as the service of documents.
Article 5
Editing of documents
The document, which you sent to the judicial authorities and other authorities in
providing legal assistance must bear the seal.
Article 6
The contents of the request for legal aid
1. the Request for the grant of legal aid shall contain the following information:
the requesting authority);
(b) the designation of the requested judicial authority);
(c)) description of the case, in which legal aid is sought;
(d)) first and last names of the participants, the accused, defendants or
the convicts, their nationality, profession and place of residence or stay;
for legal persons name and address;
e) name, surname and address of the legal representatives;
(f) the contents of the request), as well as the necessary details about the subject of the request and the matters
criminal and indicate the constituent elements of the offence.
2. the Request for the service of documents shall in addition contain more
the exact address of the recipient and the marking of documents delivered.
Article 7
Method of processing
1. When completing the request for legal aid it's judicial
the Office of the law of its State. However, it may on request of the applicant
authority to use the regulations on the management of the requesting contracting party, if they are not
contrary to the legal order of the State.
2. If requested by the competent judicial authority for execution, it shall,
request to the competent judicial authority and inform the applicant authority.
3. If the requested judicial authority so requested, shall inform the requesting
the Office, when and where will the request for legal assistance.
4. After the execution of the request for legal aid returns the requested
the judicial authority of the writings of the requesting authority; If legal aid was not
can provide at the same time shall communicate the reasons that prevent the execution of letters rogatory.
Article 8
The integrity of the witnesses and experts
1. A witness or expert who is summoned by a judicial authority Inbox
the requested Contracting Party arrives in front of the Office of the requesting contracting party,
It must not be, regardless of their nationality, on its territory, be held criminally
prosecuted or taken into custody, or not penalty be executed for
a crime that was committed before crossing the border.
2. This warranty shall cease to be a witness or expert, however, do not leave the territory of the
the requesting contracting party within a week after that, when the interrogation Office
told that his presence is no longer needed. In this period,
not including the duration for which the witness or expert is unable to the territory of the requesting
the Contracting Parties to leave for reasons that do not depend on his will.
Article 9
Service of documents
1. the requested judicial authority delivers the documents according to the law
valid on the territory of his State, if the documents are written in
his language or if it is accompanied by a certified translation. Otherwise provided
the requested judicial authority the documents only if the addressee is willing to
voluntarily accept them.
2. The translation of the competent interpreter or the requesting authority
or a diplomatic or consular post of a Contracting Party.
3. If it is not possible to arrange delivery of the document to the address that is
mentioned in the request, the requested judicial office shall be ex officio
the measures needed to address.
Article 10
Proof of delivery
Proof of delivery shall be drawn up in accordance with the rules on the service of documents
valid on the territory of the requested Contracting Party.
Article 11
Service of documents its own citizens
The two parties are empowered to serve documents its own citizens
with her diplomatic or consular offices.
Article 12
The probative power of deeds
1. the instruments, which were in the territory of one Contracting Party set up or
validated by a public authority or an official person in the field of their competence in the
form laid down the rules, and have bear an official seal are
on the territory of the other Contracting Parties shall be recognised without further validation. This is true even
for the signatures that are verified in accordance with the legislation of one of the Contracting
party.
2. instruments in the territory of one Contracting Party are considered
the public, they also have on the territory of the other Contracting Party the probative power of public
of documents.
Article 13
The cost of legal aid
1. the requested Contracting Party shall demand payment of the costs arising from the
provision of legal aid. The contracting parties themselves bear all the costs of
arising from the provision of legal aid in their territory.
2. the requested authority shall notify the applicant authority justice the amount of incurred
costs. If the requesting authority selects these costs from the taxable person
for payment, they remain the party under whose authority is chosen.
Article 14
Information on legal issues
The Ministry of Justice of both Contracting Parties shall provide each other with
at the request of information on legal issues.
Article 15
The language of the
The authorities of the Contracting Parties in their mutual relations are used under this
The Treaty, their language or language of Russian.
Part II
Special provisions
Title I Of The
Legal aid in civil and family
Section I
The costs of proceedings
Article 16
Exemption from the claim of the security
The citizens of one of the Contracting Parties, who act before the courts of other
the Contracting Parties shall, if they are living on the territory of one of the contracting parties cannot be
Save the lodging of a security for costs of the proceedings merely because they are
aliens, or that do not have a domicile, residence or headquarters on the territory of the other
the Contracting Parties.
Exemption from fees and advances
Article 17
Citizens of a Contracting Party shall enjoy in the territory of the other Contracting Parties
exemption from fees and advances, as well as free legal aid in
to the same extent and under the same conditions as to its own citizens.
Article 18
1. Confirmation of personal circumstances, as well as the circumstances of the family,
income and financial required to exemption from fees and advances,
as well as to provide free legal aid, the competent authority shall
the Contracting Party in whose territory the claimant resides or stays.
2. If the applicant is not in the territory of any of the Contracting Parties is domiciled or
stay, it is a certificate issued or certified by the diplomatic or
Consular Office of his State.
3. the judicial authority that decides on requests for exemption from fees and
backups, as well as for the provision of free legal aid, may request the
For more clarification.
Article 19
1. A citizen of one party who wants to apply for exemption from
fees and advances, as well as free legal aid to the competent
authority of the other Contracting Party, it may request orally at the judicial
the Office of his residence or stay. The Office shall draw up a
How to write and send it together with the documents referred to in article 18 paragraph
1 this agreement, judicial authority of the other party.
2. At the same time as the request for an exemption from fees and advances, as well as the
free legal assistance, you may submit a proposal to begin log
an action or other proceeding.
Section II
Personal and family law
Article 20
Competence to perform legal acts
The eligibility of a person to act is administered by the legislation of the Contracting
Parties, of which the person is a citizen.
Article 21
Divorce
1. If both spouses Are citizens of one Contracting Party and resides at the time
filing for divorce in the territory of the other Contracting Party, manages the
divorce legislation of the Contracting Party in which the spouses are citizens.
The courts of both Contracting Parties. In the event, however, that one of the
the spouses live in the time of the petition for divorce on the territory of one of the Contracting
the parties and the other spouse on the territory of the other Contracting Party, the competent
the courts of the Contracting Party in which the spouses are citizens.
2. If at the time of the filing of the petition for divorce one spouse of a citizen of one of the
Contracting Party and the second husband of a citizen of the other Contracting Party, shall for the
divorce the courts of two Contracting Parties. Courts apply the rule
the order of their State.
Article 22
Nullity of marriage
1. Marriage annulment or determine that there is not a marriage,
is managed by the legal systems of the Contracting Parties, whose citizens were married
at the time of the marriage.
2. for the violation of the forms of marriage, but you can't pronounce
nullity of marriage, or determine that there is not a marriage, if
marriage retained the legal order of the Contracting Party on whose
the territory of the marriage has been concluded.
3. The courts of two Contracting Parties.
Legal relations between parents and children
Article 23
Legal relations between parents and children is administered by the legislation of the Contracting
the parties, in which the child is a citizen. This also applies to legal relations between the
mother and father of a child born outside of marriage.
Article 24
1. Denial and filiation, and determine whether the child comes from a specific
marriage shall be decided under the law of the Contracting Party whose
the citizenship of the child, was born.
2. the denial of paternity and the findings and to determine whether the child comes from
a marriage, the Court of a Contracting Party whose law
It is determined in accordance with paragraph 1 of this article. If the petitioner and respondent
residence in the territory of one Contracting Party, the Court of that Contracting
party competent to decision on denial and filiation and of
determine whether the child comes from a marriage, for maintaining the provisions of the
paragraph 1 of this article.
Article 25
Declared missing or dead and proof of death
1. for the Declaration of the person as missing or dead and matters of procedure for
proof of death is given the power of the judicial authority of the Contracting Party in which the
the person was a citizen at the time when the last was alive.
2. the judicial authorities of one Contracting Party may declare that a citizen of the second
Contracting Party for the missing or the dead, and also perform the procedure for
proof of death of the persons living in the territory of that Contracting Party,
If this proposal shall be entitled to under the law of that Contracting
party.
3. In proceedings on the declared missing or dead or in proceedings on the
proof of death used judicial authorities of the Contracting Party of the legal system
his State.
Guardianship and custody
Article 26
1. In matters of guardianship and custody of members of the
the Parties shall, unless provided for something else, the sales agent offices
the Contracting Party whose nationality is protégé.
2. The legal relationship between the guardian or legal guardian and a protégé of the
managed by the legislation of the Contracting Party whose Office has appointed a guardian
or guardian.
3. the obligation to accept guardianship or custody is managed
the legal order of the Contracting Parties in which the citizen is a person who is to be
appointed as a trustee or guardian.
Article 27
1. If they are to be taken by the Trusteeship or guardian measures on the protection of
interests of a citizen of a party whose place of residence, residence or property
It is on the territory of the other Contracting Party, the Office of that Contracting Party shall notify without
delay Office competent under article 26, paragraph 1.
2. In urgent cases the authority of the other party may take
measures according to its own legal order, however, must immediately notify the Office of
jurisdiction under article 26, paragraph 1. Such measures shall remain in
valid until the decision of the Office.
Article 28
1. the competent Authority in accordance with article 26 paragraph 1 may transfer guardianship
or guardianship authority of the other party, if the protégé
residence in its territory, residence or property. Transferring guardianship or
custody becomes effective when the requested authority or guardianship
guardianship authority takes over and advise the applicant.
2. the authority which has taken over pursuant to paragraph 1 of the guardianship or custody,
He leads them under the law of his State. To be used, however, as regards the
competence to perform legal acts, the law of the Contracting Party in which the citizen is
protege. Decisions relating to personal status, it is not
authorized.
Article 29
Adoption
1. Adoption or its dissolution is managed by the legislation of the Contracting Parties,
the adoptive parent is a citizen at the time of the adoption or its dissolution.
2. If the child is a citizen of the other Contracting Party, it is necessary to annotate the during
adoption or its dissolution and the consent of that party.
3. If the child is osvojováno the spouses, one of whom is a citizen of one of the
the Contracting Parties, the second resident of the other Contracting Party, shall be
adoption or its dissolution in accordance with the laws of both Contracting
party.
4. Responsible for the management of the adoption or its dissolution is the Office of a Contracting
the parties, which the adoptive parent is a citizen at the time of the adoption or its dissolution.
In the case of paragraph 3 of this article, the competent authority of the Contracting Party,
where the spouses have their common habitual residence, or have or
the stay.
Section III
Sending documents and other documents of civil status
Article 30
The Contracting Parties undertake to send to each other on request, submitted
through the diplomatic channel, evidence of entries in registers, documents of
education, length of employment and other documents concerning personal rights and
interests of the citizens of the other party. The said documents shall be sent to the
through diplomatic channels without translation and without charge.
Section IV
Heritage
Article 31
The principle of equal treatment of
Citizens of one Contracting Party are to establish eligibility or cancel
last will and testament of the asset, which is on the territory of the other Contracting Party, or
rights, which are applicable there, as well as to eligibility to acquire
heritage or by reference to such property or such rights brought on
shall be assimilated to the citizens of the other party. Assets and rights are transferred to them for the
the conditions laid down for its own citizens living in the territory of that Contracting
party.
Article 32
Inheritance law
1. Succession to movable property is managed by the laws of the Contracting Party in which the
the testator was a citizen at the time of death.
2. the inheritance of real estate are managed by the laws of that Contracting Party in
whose territory the property is.
Article 33
Last will and Testament
1. eligibility to establish or revoke a will, as well as the legal effects of defects will
maintained by the legislation of the Contracting Party of which the testator was a citizen
at the time of the establishment or revocation of a will. This law is also a decisive
to determine which kinds of acquisitions on death are admissible.
2. the form of the establishment and revocation of a will is managed by the legislation of the Contracting
Parties, of which the testator was a citizen at the time of the creation or cancellation
Wills; However, if it was retained, the legal order of the Contracting Parties,
whose territory the operations have been made.
Article 34
The power to
1. Movable heritage to discuss, without prejudice to the provisions of paragraph 4 of this
Article judicial authorities of the Contracting Party of which the testator was a citizen in the
the time of death.
2. the judicial authorities shall consult the immovable heritage of the Contracting Party in
the territory's heritage.
3. The provisions of paragraphs 1 and 2 of this article shall apply mutatis mutandis and on disputes,
that arise from inheritance claims.
4. If the entire movable heritage after the citizens of one of the Contracting Parties to the
the territory of the other Contracting Party and with the consent of all the heirs, shall discuss the
is the proposal from the heir or legatees of the judicial authority of that Contracting Party.
Article 35
Communication of death
1. Dies in the territory of one Contracting Party, the other party's citizen
the competent authority shall without delay inform the diplomatic or consular post
the other party of death and of all that is known of the dědice and
odkazovnících and their place of residence or stay, about the scope and price of
heritage, as well as on whether there is a will. The same is true, if she
the competent authority of one of the Contracting Parties, that a citizen of the other Contracting
the parties, who died outside the territories of both Contracting Parties, leaving behind a fortune on
the territory of its State.
2. Knowing about the diplomatic or consular post of the deaths earlier, is
obliged to confer on him the judicial authority to ensure that heritage.
Article 36
Diplomatic or consular authority permissions when discussing
Heritage
1. in all matters of succession occurring on the territory of one of
the Contracting Parties are members of the diplomatic or consular post
the other party shall be entitled to represent before the judicial or other
the offices of its own citizens, if they are absent, and not appointed to another
an agent; special power of Attorney is not required.
2. Death of a citizen of one party to the territory of the other party on the way
the parties and did not have a residence or stay, there will be things that he had
for its own account, committed without further control of diplomatic or
consular post of a Contracting Party, of which he was a citizen.
Article 37
The opening and publication of the will
The opening and publication of the will is the competent judicial authority Contracting
Party on whose territory the last will and Testament. A certified copy of the will, and the Protocol on the
the status and content of the will, as appropriate, a certified copy of the Protocol on the
the opening and publication of the will, and at the request of (i) the original of the will must be
send the judicial authority of the State of the testator or the judicial authority other
Contracting Parties which, in the court seised of the case.
Article 38
Measures to ensure the heritage
1. the authorities of both Contracting Parties shall take measures in accordance with their national legal systems,
that are necessary to ensure or to manage their heritage
the territory of the other party's citizen left behind.
2. On the actions taken pursuant to paragraph 1 of this article, the
must without delay inform the diplomatic or consular post of the second
the Contracting Parties, which can interact in these measures. On a proposal from
the diplomatic or consular post may be measures taken pursuant to
paragraph 1 amended, canceled or postponed.
3. the Office of the Contracting Party in which the citizen is deceased and that is
competent pursuant to article 34, paragraph 1, may suggest that the cancelled
the measures taken under paragraph 1.
Article 39
Editions heritage
If the movable heritage, or the proceeds from the sale of movable or
immovable heritage, after discussion, heritage in the territory of one of the Contracting
the parties committed to heirs or odkazovníkům, who are domiciled or
stay on the territory of the other Contracting Party shall surrender the inheritance or the proceeds from the
its sale to the diplomatic or consular post of the other Contracting
the party, if:
and called on the Office of the justice) if so provided for in the legal order of the Contracting
Parties, where heritage is, creditors of the deceased, within three months of
register their claims;
(b)) all fees and all succession claims were
paid or secured;
(c)), the competent authorities gave their agreement, of which he is or should be, for export
succession or transfer of the proceeds of their sales.
The Section In The
Recognition and enforcement of judgments
Article 40
Recognition of decisions in matters of family law, which do not concern the
property claims
1. the Final decision of the judicial authorities and poručenských and
the guardianship authorities of one Contracting Party in matters of family law,
that are not related to property claims, on the territory of the other
the Contracting Parties shall, without further proceedings, if the judicial authority nor
poručenský, or a guardianship authority of that other party has gone before
earlier, the final decision in the same case, or does not have exclusive competence
on the basis of this agreement.
2. The provisions of paragraph 1 shall also apply to decisions delivered before the acquisition
the effectiveness of this agreement.
Recognition and enforcement of decisions on property claims
Article 41
Both parties acknowledge and in its territory in accordance with other provisions of the
authorize the execution:
and the final decision on property) claims procedure in civil matters
and family law, which was issued on the territory of the other Contracting Parties
entry into force of this Treaty;
(b)) the judicial decisions issued on the territory of the other Contracting
the parties after this agreement takes effect in criminal matters involving
the obligation to replace the injured the damage that was caused by him;
(c) the final decision of the courts of arbitration), as well as the settlements against these
the courts closed in matters of foreign trade, if it was at least once
party to the proceedings the legal person that has its head office in the territory of one of the
of the Contracting Parties.
Article 42
1. To enable the execution is the competent court of the Contracting Party in whose territory the
the execution should be carried out.
2. the proposal to allow execution is to be filed with the Court, which ruled in
the case in the first stool. This proposal should be a court that is
competent to permit execution. The application may be filed directly in this
the Court.
3. the elements of the proposal are managed by the laws of the Contracting Party in
whose territory the enforcement is to be carried out. The proposal shall be accompanied by a translation into
the language of the requested Contracting Party or to the Russian language, certified in accordance with
Article 9, paragraph 2.
Article 43
The proposal to permit execution shall be accompanied by:
a full copy of the decision), as well as the confirmation of the legal
the decision, if it is not apparent from the decision itself;
(b)) of the Charter, in the original or certified copies of documents, from which it follows that
It was a good time, at least once and lawfully served with summons
the person was an obligation imposed in the decision and that the management of the
did not attend;
(c) translation of documents) referred to under (a)), and (b)), certified according to the
Article 9, paragraph 2.
Article 44
If the Court in permitting the execution, may the applicant's doubts
invite to comment, or save to remove defects in the design.
You may also hear about the design of the debtor and to request clarification from the Court, that
issued the decision.
Article 45
1. Enforcement shall apply the legal order of the Contracting Party in whose territory it is to be
executions carried out.
2. The debtor may apply to the Court which decides on the authorization, execution and
objection to its admissibility and against the claim of a perceived in the decision,
If it is permissible under the law of the Contracting Party on whose
the territory of the judgment was given.
Article 46
Refusal of recognition and enforcement
Recognition or enforcement may be refused the permit:
and if the person who) was recognized in the decision of compulsory,
did not attend the proceedings because her or his agents not in a timely manner,
at least once and lawfully served or a
the only public summons decree or in a way that deviates
from the provisions of this agreement;
(b) judicial decision) if it is in conflict with the final the previous
judgment given between the same parties, on the same claim and from the same
because of a Court of the Contracting Party in whose territory the decision is to be recognised
or execution enforced. This provision shall not apply to cases
in which substantially altered the facts on the basis of that
the previous judicial decisions determine the content or time of performance.
Article 47
Court settlements
The provisions of articles 41 to 46 shall apply mutatis mutandis to settlements concluded before
the judicial authorities.
Execution for the costs of legal proceedings
Article 48
1. where the participants in the special composition of the claim of a security within the meaning of
Article 16 this agreement is stored on the territory of a Contracting Party the obligation to
to compensate for the costs, allow the competent court in the territory of the other Contracting
the parties to the proposal free of charge execution for the recovery of these costs.
2. the costs of the proceedings and confirmation, translation and validation
referred to in article 50 of the Treaty.
Article 49
The cost of confirmation, translation and authentication of documents pursuant to article 50 of the
The contract specifies that in case the Court acted in the first stool or court
competent to permit execution. The Court with jurisdiction to enable the seizure and shall determine the
enforcement costs.
Article 50
1. the Court, which authorizes the seizure for the costs of the proceedings, has limited its examination of the
only on whether the decision took legal force and whether it is enforceable.
2. the application for authorisation of the execution for the costs of the proceedings shall be attached a copy of the
decision on costs, certified by the court first bowel movement and a certificate issued by
the same court that the decision is final and enforceable, as well as a certified
the translation of these documents.
Article 51
The cost of enforcement proceedings
On the costs of enforcement proceedings applies the legal order of the Contracting Parties,
whose territory the decision carries.
Title II
Legal assistance in criminal matters
Article 52
Obligation to issue
1. the Contracting Parties undertake to extradite to each other, on request, to
the implementation of criminal proceedings or for the enforcement of the sentence of the person, which are on
within their territory.
2. the issue is only permissible for any offence that can be saved
According to the laws of both parties by imprisonment for
more than one year or a punishment higher (hereinafter "the extradition crime
performance ").
Article 53
Refusing to issue
The issue does not occur if:
and the person is required) citizen of the requested Contracting Party;
(b)) the offence has been committed on the territory of the requested Contracting Party;
(c)) under the law of the requested Contracting Party the prosecution cannot
be brought or the judgment cannot be enforced because there was a
This prevents limitation or other lawful reason;
d) prosecution of re-assigning exclusively judicial authorities of the requested Contracting
party;
e) against the person, whose extradition is requested was for the same offence on
the territory of the requested Contracting Party, that the judgment became legally valid,
or decision by which the proceedings have been completed.
Article 54
Taking over of criminal prosecution
1. each Contracting Party undertakes, at the request of the other party shall establish
According to its own law, the prosecution of its citizens, who
are the suspects on the territory of the other Contracting Party had committed the extradition
a criminal offence.
2. the application shall be accompanied aide-memoire and all the details and evidence about the
the crime, which are at hand.
3. the requested Contracting Party shall inform the requesting Party of the result of
criminal proceedings and if there is a final judgment, it shall send a copy thereof.
Article 55
How to contact
In matters of extradition and criminal prosecution are taking over each other
the Ministry of Justice or the General Prosecutor's Office of both Contracting
the parties directly.
Article 56
Extradition request
The request for extradition shall be accompanied by:
and the original or a certified copy) an arrest warrant and extradition requests
to sentence the original or a certified copy of the final judgment; These
the documents must contain information about the facts of the offence,
in particular, about the place and the time of the offence and its legal qualification; If it was
the material injury caused by the criminal offence shall be its established or
probable above;
(b) the text of the law) the requesting contracting party, according to which an offence
be assessed;
(c) EUR neodpykaného) details of the punishment in the case that sought the release of
the convicted person, who has already served part of their sentence;
(d)), if possible, details of the nationality of the person whose release is
calls for papers and documents about its place of residence or stay, and information about its
personal circumstances, as well as its description, photographs and fingerprints.
Article 57
Additional clarification
1. If there are doubts about committing the crime or extradičního
does not contain a request for the release of all of the necessary information requested
Contracting Party may request its supplement, which specifies a time limit of one
within two months; This time limit may be at the request of the requesting contracting party
for serious reasons.
2. Unless the requesting Contracting Party shall within the prescribed period, the additional
data, the requested Contracting Party to release the arrested person.
Article 58
Extradition binding
After the reception of the request for the release of the requested Contracting Party shall without delay
measures to arrest as required by a person with the exception of those cases where the
the release cannot occur.
Article 59
Provisional arrest
1. it may be Provisionally arrested person whose arrest has been requested already
before the dojitím request for extradition; the application must include a reference to the
an arrest warrant or a judicial decision that has become final and on the voucher that the
the extradition request will be submitted subsequently. The request for provisional arrest
may be made by post, telegram, telephone or radio.
2. Also requests pursuant to paragraph 1 of this article may be taken in the
binding a person who is reasonably suspected to be committed on the territory of the other
the Contracting Parties to the extradition offence.
3. Provisional arrest is necessary to inform the other Contracting Party.
Article 60 of the
Release from custody, if no extradition request
1. A person arrested under the provisions of paragraph 1 of article 59 of the Treaty
can be released, if no extradition request, within two months from the
to send a notification about the arrest.
2. A person arrested under the provisions of article 59 paragraph 2 of this agreement
can be released unless within one month of departure
the announcement of the arrest of the extradition request.
Article 61
Postponement of release
If the person whose extradition is sought, prosecuted or sentenced for, if
an offence in the territory of the requested Contracting Party, may be the issue
postponed until the cessation of criminal prosecution or enforcement of the judgment
or to remission of the penalty.
Article 62
Temporary release
1. If a postponement of the issue in accordance with article 61 of this agreement may result in
effect of limitation or other serious injury to a criminal prosecution, may be
the person whose extradition is requested, on the basis of a reasoned request temporarily
released.
2. Temporarily released by the person will be returned after performing an act of criminal
the prosecution, for which it was issued.
Article 63
Clash of the applications for the issue
Run out of the extradition requests from several States, the requested Contracting Party
shall decide to which state the person issues.
Article 64
The limits of criminal prosecution
1. Without the consent of the requested Contracting Party shall not be issued to a person criminally
prosecuted, nor shall be enforced, nor shall punishment be issued
to a third State for an offense committed prior to the release and for which there
released.
2. Consent is not necessary, if issued by a person who is not a citizen
the Contracting Party in whose territory it is, do not leave the territory of that Contracting Party
within one month of the end of the criminal proceedings, and condemnation from
enforcement of the sentence, or if the returns on its territory. In this period,
does not count the period during which the released person could not leave the territory of
the requesting contracting party for reasons that are independent of her will.
Article 65
Release
The requested Contracting Party shall notify the requesting Contracting Party place and time
release. If not taken in the requesting contracting party the person who is to be
issued within one month from the time of issue, may be this person
released.
Article 66
The rerelease
Avoids the released person criminal prosecution or enforcement of a sentence, and
If he returns to the territory of the requested Contracting Party, will be released on a new
the request, without the need to produce the documents referred to in articles 56 and 57 of this
Of the Treaty.
Article 67
The communication of the results of the criminal proceedings
The Contracting Parties shall communicate information on the outcome of criminal proceedings
established against the person. If against these persons has been issued
final judgment, shall be sent a copy of the judgment, as well.
Article 68
The transit
1. At the request of a Contracting Party shall permit the acquisition its territory persons released
a third State, the other Contracting Party.
2. the transit request is submitted and dealt with as a request for release.
3. the Contracting Parties are not obliged to allow the transit of persons for whose release
could not occur under this agreement.
Article 69
Delivery to persons in custody
1. If obeslaní witnesses on the territory of the requested Contracting Party in custody,
the authorities referred to in article 55 of this agreement requires the place of arrival
on the territory of the requesting contracting party, under the condition that there will be held
in custody and returned as soon as possible after the hearing.
2. If the person to be heard, that are in the custody of a third State,
as witnesses, will allow the authorities of the requested Contracting Party referred to in article 55
This transit the territory of their State Contracts while retaining the provisions of article
8 of this contract.
Article 70
The release of things
1. the Contracting Parties undertake to each other shall be issued by:
and) things that were obtained by the criminal offence, the lawyer for your extradition or their
in return;
(b)) things that may be relevant as evidence in the criminal
control, even in the case that the extradition will not happen for his death,
escape or for another reason.
2. If the requested Contracting Party, whose release is sought,
as evidence in criminal proceedings, may be their release deferred until
the time when the procedure ends.
3. Rights of third parties to things shall remain unaffected. After the end of
criminal proceedings shall be returned free of charge to these things the requested Contracting
the side that is issued to the beneficiary.
Article 71
Communication of conviction
The Contracting Parties shall communicate to each other information on final
the judgments issued by the courts of one Contracting Party against citizens of other
the Contracting Parties, while at the same time be sent the fingerprints of the convicted persons, if
are available.
Article 72
Information about previous criminal convictions
At the request of the courts or of a Contracting Party shall prokuratur other Contracting
the party free of charge, information about the earlier punishment of persons prosecuted
the territory of the requesting contracting party.
Part III
Final provisions
Article 73
The ratification of the
This agreement shall be ratified. The instruments of ratification shall be exchanged as
First, in Tirana.
Article 74
The effectiveness of the
1. this Agreement shall take effect one month after the exchange of instruments of ratification
of documents. Shall remain in force for five years from the day when it becomes effective.
2. Denounces it if none of the Contracting Parties to this agreement at least six
months before the expiry of that period, its validity shall be extended to the
indefinitely and the agreement shall remain in force until then, until one of the
of the Contracting Parties denounces it with a notice period of one year.
Article 75
Verified copy
This agreement was drawn up in two original copies, each in the
Czech language and Albanian languages, both texts being equally authentic.
On the evidence of the agent of both parties, have signed this agreement and
getting it your seals.
Done at Prague on 16. January 1959
From the power of the President of the Czechoslovak Republic:
Dr. v. Skoda in r.
The power of Attorney of the Presidio's Republic of Albania's people's Assembly:
Behar Shtylla in r.
