Dodatk. Prot. To The European Convention On Vzáj. Assistance In Criminal Matters

Original Language Title: Dodatk. prot. k Evropské úmluvě o vzáj. pomoci ve věcech trestních

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=45032&nr=31~2F1997~20Sb.&ft=txt

31/1997.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 17 November. in March 1978, he was

Strasbourg, adopted the additional protocol to the European Convention on mutual

assistance in criminal matters.



On behalf of the United States, the additional protocol was signed in Strasbourg

on 18 July 2005. December 1995.



With additional protocol gave its assent, Parliament of the Czech Republic and

President of the Republic has ratified it. The ratification instrument the United

the Republic was deposited with the Secretary-General of the Council of Europe, the depositary

European Convention on mutual assistance in criminal matters, on 19 December.

November 1996.



When the ratification was made the following statement: "in the

accordance with article 24 of the European Convention and the mutual assistance in matters of

criminal and article 8 of the additional protocol for the purposes of

The Convention and its additional protocol for judicial authorities considered

authorities: the Supreme Public Prosecutor's Office of the Czech Republic, regional and

the District Public Prosecutor's Office, the city's public prosecutor's Office in Prague,

The Ministry of Justice of the Czech Republic, regional and district courts and

Municipal Court in Prague. "



The additional Protocol entered into force, pursuant to article 5 (3).

2 day 12. April 1982. For the Czech Republic in accordance with paragraph 3 of the same

Article entered into force on 17. February 1997.



Czech translation of the additional Protocol shall be designated at the same time.



THE ADDITIONAL PROTOCOL



to the European Convention on mutual assistance in criminal matters



Member States of the Council of Europe, signatories to this Protocol, desirous

to facilitate the application of the European Convention on mutual assistance in matters of

criminal, negotiated 20. April 1959 (hereinafter referred to as "the Convention") in the field of

fiscal offences, having deemed it appropriate to supplement the Convention in

some of the other directions, have agreed upon the following:



TITLE I OF THE



Article 1



The parties do not exploit the rights referred to in article 2 of the Convention)

refusal of legal aid only on the ground that the request concerns

the crime of which the requested Party considers a fiscal offence.



Article 2



1. in the event that a Contracting Party has reserved the option of making

execution of letters rogatory regarding tours or to ensure things by

the offence to which the request relates is punishable by law

the order of how the requesting and the requested Parties, the condition for

fiscal offences is met, if the offense punishable under the legal

the order of the requesting party and corresponds to the criminal offence of the same nature as

rule of law party.



2. an application may not be refused on the ground that the law of the requested Party

does not impose the same kind of tax or duty or does not contain a tax, duty, fee,

or foreign exchange regulations of the same kind as the law of the requesting

party.



TITLE II



Article 3



The Convention shall also apply:



and to the transmission of documents) relating to the enforcement of the sentence enforcement of fines

or payment of the costs of the proceedings;



(b)) to measures relating to conditional cessation of criminal prosecution or

conditional delay enforcement of the sentence, conditional release, delay

the beginning of the sentence or interruption of enforcement of a sentence.



TITLE III



Article 4



Article 22 of the Convention shall be supplemented by the following text, where the original article

22 of the Convention shall become paragraph 1 and the provisions listed below as

paragraph 2:



"2. each party that transmitted the information referred to above,

shall send the relevant party at the written request in individual cases

copies of the judgments concerned and measures, as well as all other necessary

information to enable it to assess whether it is necessary to make any

measures on its territory. This information will be sent between

the ministries of Justice of the countries concerned. "



TITLE IV



Article 5



1. this Protocol shall be open for signature by all Member States of the Council

Europe which have signed the Convention. Shall be subject to ratification, acceptance or

approval. Instrument of ratification, acceptance or approval

shall be deposited with the Secretary-General of the Council of Europe.



2. the Protocol shall enter into force 90 days after the date of deposit of the third instrument of ratification

instrument or instrument of acceptance or approval.



3. In relation to a Contracting State which ratifies, accepts or

approve later, the Protocol shall enter into force 90 days after the date of deposit of

its instrument of ratification, acceptance or approval.



4. the Member State of the Council of Europe may not ratify, accept or approve the

This Protocol without previously or simultaneously ratifying the

The Convention.



Article 6



1. any State which has acceded to the Convention, may accede to this

The Protocol after the Protocol enters into force.



2. access is made by depositing an instrument of accession with the General

Secretary-General of the Council of Europe and shall become effective 90 days after the date of its deposit.



Article 7



1. any State may, at the time of signature or when depositing its instrument of ratification,

or instruments of acceptance, approval of or access to specify one or more

the territory on which this Protocol will be used.



2. Any State may, when depositing its instrument of ratification or instrument of

acceptance, approval, or at any time thereafter or access Declaration

addressed to the Secretary-General of the Council of Europe, extend the validity of the

This Protocol to any other territory specified in the Declaration,

for whose external relations it is responsible or on whose behalf it is authorised to

make commitments.



3. Any declaration made under the preceding paragraph may be on

any territory mentioned in such declaration, be withdrawn by a written

communication addressed to the Secretary-General of the Council of Europe. Appeal

takes effect after the expiry of six months from the date of the adoption of such

communication from the Secretary General of the Council of Europe.



Article 8



1. A reservation made by a Contracting State to any provisions of the Convention,

they will also apply to this Protocol, if that State when signing

or ratification, acceptance, approval or

accession does not express the opposite intention. The same also applies to the Declaration

made on the basis of article 24 of the Convention.



2. each State may at the time of signature or when depositing its instrument of ratification

or instruments of acceptance, approval or accession, declare that the

reserves the right to:



and not to accept title I,), or to accept it only for certain offences

or some categories of offences referred to in article 1, or

do not execute letters rogatory regarding tours or arrange things in context

with fiscal offences;



(b)) not to accept the provisions of title II;



(c)) not to accept a title III.



3. any Contracting Party which has made a declaration under the preceding

paragraph, it may revoke a declaration addressed to the

the Secretary-General of the Council of Europe; the Declaration shall take effect on the date of delivery.



4. A Contracting Party applying a reservation made to a

the provisions of the Convention and to this Protocol, or that has made a reservation to

any provisions of this Protocol, it cannot require the use of this

the provisions of the other party; However, if its reservation is partial or

conditional, may require the use of that provision in so far as

itself is adopted.



5. no other reservation to the provisions of this Protocol shall not be admitted.



Article 9



The provisions of this Protocol are without prejudice to more detailed rules

contained in bilateral or multilateral agreements negotiated

between the Contracting Parties on the basis of article 26, paragraph 2. 3 of the Convention.



Article 10



The European Committee on crime problems of the Council of Europe will be informed of the

the implementation of this Protocol and shall do everything necessary in order to facilitate an amicable

the settlement of all the difficulties that may arise in its implementation.



Article 11



1. each Contracting Party may, in so far as it refers to, this

Protocol to terminate the communication addressed to the Secretary-General

Europe.



2. Such denunciation shall take effect six months from the date of

the adoption of such communication by the Secretary-General.



3. Denunciation of the Convention automatically reflects this Protocol.



Article 12



The Secretary General of the Council of Europe shall notify the Member States of the Council

Europe and the States which have acceded to the Convention:



and the signing of the Protocol);



(b)) the imposition of its instrument of ratification, acceptance, approval or

access;



(c)) date of entry into force of this Protocol in accordance with articles 5 and 6;



(d)) declaration received in accordance with the provisions of article 7 (2). 2 and 3;



e) statement received in accordance with the provisions of article 8 (2). 1;



f) reservations made under the provisions of article 8 (2). 2;



(g) the reservations made under) recall the provisions of article 8 (2). 3;



(h) notice of termination) received in accordance with article 11, as well as the date

which the notice of termination takes effect.



In witness whereof the undersigned, being duly authorised thereto, have signed the

This Protocol.



Given in Strasbourg on 17. March 1978 in English and

the French, both texts being equally authentic, in a single

copy to be deposited in the archives of the Council of Europe. General

Secretary-General of the Council of Europe shall transmit a certified copy to each State which is a

a signatory to the Protocol or approached him.