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.
