On The Mutual Extradition Of Criminals With In Britain.

Original Language Title: o vzájemném vydávání zločinců s V. Británií

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=4285&nr=211~2F1926~20Sb.&ft=txt

211/1926 Sb.



Contract



between the Czechoslovak Republic and the United Kingdom of Great Britain and

Ireland on the mutual extradition of criminals



On behalf of the Czechoslovak Republic



and



United Kingdom of Great Britain and Ireland



This agreement has been negotiated and the Protocol:



Contract



of 11 December 1997. November 1925 between the Republic of Czechoslovakia and the United

Kingdom of Great Britain and Ireland on the mutual extradition of criminals



The President of the Republic and his Majesty the King of the United

Kingdom of Great Britain and Ireland and the British Dominions Overseas, the Emperor

Indian, rozhodnuvše, approvingly, that have concluded a contract on the issue

the criminals, to the objectives of the assignees:



The President of the Republic:



Dra Emil Spiru,



the preferred trade Ministry of Justice;



and his Majesty the King of the United Kingdom of Great Britain and Ireland and

British Overseas Dominions, Emperor Of India:



Sir William-and George Tyrrell-and,



K. c. m. g., K. C. V. O. C. B., the representative of the State podtajemníka for

Foreign Affairs;



already, předloživše to each other their respective full powers and shledavše is in

good and due form, they agreed on the following articles:



Article 1



The High Contracting Parties undertake to extradite to each other, under certain

the circumstances and the conditions laid down in that Treaty, persons who, being

accused or convicted of any of the crimes or offences of the calculated

in article 2, committed in the territory under the jurisdiction of one party,

will be dopadeny on the territory of the other party.



Article 2



Release each other guarantees for these crimes or offenses, if it is

prosecute and punish according to law on the part of the territory of the High

of the Contracting Party where the person whose extradition was requested was the seven liberal arts:



1. Murder (including a premeditated murder in it, patricide, murder

the child, poisoning), or attempt to murder;



2. The killing;



3. the administration of funds, or use the tools to the expulsion of the fetus;



4. Violent fornication;



5. Shag with a girl under 14 years, or her attempt;



6. Unlawful restriction of liberty;



7. Child abduction, including leaving it, postpone, or undertaken as a

its retention;



8. Abduction of a female person;



9. Pimping;



10. Dvojženství;



11. The intentional injury or intentional damage to the body;



12. the Extortion letter or otherwise, with intent to force the money or other

precious things;



13. Perjury or seduction to it;



14. Arson;



15. Breaking into homes at night (burglary) or jinaké burglary in the

delivery (housebreaking), both with intent to commit a crime; robbery with violence and

theft or embezzlement;



16. for the embezzlement of depository, banker, agent (agent), administrator,

so increase. trustee (guardian, custodian, liquidator), Director, Member of the

or companion, some companies or communities, as well as for

Another embezzlement and for fraudulent use of foreign assets in their own

benefit;



17. The acquisition of money, securities or goods warranty lstivým pretense;

converting to money, securities or other assets in guarantee note that

bezprávně have been stolen or obtained;



18.



(a) Counterfeiting or alteration of metal money or marketing counterfeit or

forged metal money in circulation;



(b) conscious and undertaken as a fabrication of a tool or machine, which is

customized and can serve as the counterfeiting of money, one of the two metal

States;



19. The counterfeiting of paper money, public or private documents,

securities, public seals, stamps, postage stamps, or

the placing in circulation or the use of such counterfeits;



20. The crimes or offenses against the law of bankruptcy;



21. Any act committed with the intent to endanger the safety of persons

passengers or to the rear on the runway;



22. The intentional damage to property;



23. Trading slaves.



The release will also allow for maritime banditry and other crimes or

offenses committed anywhere at sea, which according to the laws of the high

the Contracting Parties are crimes or offenses subject to release.



The release is also enabled for complicity in any of the above

crimes or offenses, criminal complicity is a must under the laws of both

of the Contracting Parties.



At the discretion of the requested State may also be issued for any

another crime or offence in respect of which under the law of both Contracting

the parties an authorisation may be given.



Article 3



Is reserved for each of the two parties, shall issue to their own nationals or nothing

the other side.



Article 4



The issue will not be permitted, if the person has been required is already in the requested State

tried and sentenced, or exempted, or if there is held against her

Yet the criminal proceedings for the same crime or offense for which the release was

applied for.



If a person is against the required in the State requested criminal proceedings,

or if it is there in the sentence for another offence, will release delayed until

then, when the criminal proceedings are concluded, or, if its

conviction, to be fully enforced přisouzený her punishment.



Article 5



The issue will not be allowed if, after committing a crime or offence, or

After you begin criminal prosecution or after a conviction for such a crime, or

the misdemeanor offence or punishment are barred under the law of one

of the two States.



Article 6



The fugitive criminal shall not be issued if the crime or offence for which a

his extradition is being sought, of a political nature, or if the request for

his release was made with the intention to be tried or punished for

a crime or an offence of a political nature.



The courts of the requested State or belong to decide whether it is a crime

or an offence of a political nature or not.



Article 7



The released person cannot in any event be taken into custody or tried in

the State, which has been issued for another crime or offense, or for reasons of

other than that for which the release happened, but would be released on the

liberty and had the opportunity to return to the State which issued it.



This provision does not apply to crimes or offences committed after

release.



Article 8



The extradition request will bring the relevant diplomatic representatives of High

of the Contracting Parties.



Request for extradition of the accused must be provided with a warrant or other

He built on a par with the court document, issued by the competent authority of the

State of the applicant for the issue, and such licences in accordance with the laws of the

where an accused person has been apprehended, justifying the arrest, if

felony or misdemeanor has been committed there.



If the requested extradition already convicted, the request shall be accompanied by the

the convicting judgment against it by a Court of the State of

of the applicant.



If a judgment against a person absent, it will not be with the person against

which it was issued, treated as a person convicted, but as with the person

accused.



The annex to the application for the issuance or the documents drafted will be the language of the State

(start-up) of the country of the applicant.



Article 9



If the extradition request in accordance with the preceding provisions, shall arrange for

the competent authorities of the requested State, the arrest of the fugitive.



Article 10



The escaped criminal can be arrested well before it filed the application for

its release, according to the arrest warrants, or other legal instrument on a par with him

built, issued by the competent judicial authority of one of the two States on the

the basis of the notification or the application and such licence or after such proceedings,

that would warrant a warrant or other judicial documents to him on

Department, if the crime or offence was committed, or the person has been

sentenced in that part of the territory of both parties, in which the competent

judicial authority exercises jurisdiction.



On the day of the arrest will immediately inform the diplomatic representative of the second

State.



If they are not on the resistance of the laws of the State where the person was being pursued by a

been arrested will be released on her freedom, unless within forty-

days after her arrest to the diplomatic representative of the second State submitted

on its release in accordance with the provisions of this agreement.



The same will apply in respect of persons accused or sentenced for any

of crimes or offenses identified in this agreement, and committed in the open

the sea on Board of one of the two States, which arrives in a port State

the second.



Article 11



The issue occurs only if it is found that the certificates under the laws

the requested State shall, to justify in the case that would be

a crime or offence committed in the territorial State, the surrendering arrested

the person to the Court or that the person is the same person that

She was sentenced by the courts of the requesting State, and that the crime or offence, for

that was condemned, it is from those that you may have under this agreement

enabled the release of the requested State.



Article 12



Arrest warrant, statements and all other legal documents, as well as copies of their

will be considered as the supporting documents for the extradition, if they are signed by the

or confirmed by the competent authority and authenticated in the Czechoslovak Republic

the stamp of the Ministry of Justice, in the United Kingdom with a seal

the Secretary of State.



Article 13



If the person whose extradition was requested by one of the High Contracting

the parties under this agreement, also required one or more other

States for other crimes or offences committed on the territory of their judicial

powers, will be released to the State whose request for release came first,


This must give up this claim.



The provisions of this article are without prejudice to the Treaty, which some

of the High Contracting Parties has negotiated previously with other States.



Article 14



Have not been sufficient for the issuing of cards submitted within two months from the

the date of the arrest or other uprchlíkova, which the requested Member State, or

the competent court shall determine the fugitive will be released, if

It is not the resistance of the laws of the State where the person was taken to being pursued by the

binding.



Article 15



All the seized items, which were in the possession of the person to be released,

at the time of her arrest, and any matter that may be required as evidence

crime or tort, shall be forwarded at the same time, if possible with the release

person.



State to which the release was permitted, however, they return the items, which were his

passed for the purposes of temporary, asked if the State Edition of povolivší.



These provisions will only apply if the laws of the State concerned, it

they admit they are not in any way, and without prejudice to the rights of third parties.



Article 16



Each of the High Contracting Parties shall be borne by the expenses caused to its territory

the arrest of persons agreed under the contract issue, imprisonment and

accompaniment to their own border. Cost per action lintels of the instruments

sent, which should be accompanied by a request for the issue (article 8 and 12),

pay will cost žádavší for the issue.



Article 17



The provisions of this agreement will apply if the laws allow, for

all of His British Majesty Dominie, except below the designated

Dominie with its own free Government, IE. Dominii Canadian, State

(Commonwealth) Australian (including the cause of the Papua and Norfolk

Iceland), New Zealand, The Union Of South Africa Dominii, Irish Free State

and Newfoundland-and except for India. Reserves, however, that the said provisions of the

they will pay for any of the above mentioned Dominions or India,

regarding them will be for this purpose, on behalf of the Government of India or the Dominie

representative of His British Majesty for the Czechoslovak Government

made the communication. Reserved is, Furthermore, that each party will

be able to separately cancel the application of this agreement for any of the above

appointed by the Dominions or India, denounced it for a period of not more

one year and not less than six months.



Article 18



Request for release of fugitive criminals, who seek refuge in some of the

Dominions with their own freedom by the Government of the colonies or Possessions of his British

Majesty, to which this contract relates, will submit to the General

the Governor, the Governor or Chief authority of this with its own Dominie

free Government, Colony or Possessions to the consular officer of the front

the Czechoslovak Republic in this with its own free government Dominii,

Colonies or Estate.



Such a request, řídíc always, if possible, and if the law with the Dominie

your own free Government, the colony or the estate permits, the provisions of this

the contract will be processed along the Governor General, Governor or

the main office, which either allows or release shall transmit the case to the Government of The

British Majesty.



The extradition of fugitive criminals to be given any Dominions

with your own free Government, or the British redoubt of Its Colonies

Majesty, if possible, follow the rules set out in

the foregoing articles of this agreement.



Article 19



The parties agree that the provisions of the two preceding articles apply

as well, as if they were His British Majesty's Empire on these

The British Protectorate Of Bechuanaland, Its Protectorates: Protectorate, Gambia

Protectorate Of Kenya, Protectorate Of Nigeria, Northern Rhodesia, Northern Territory

Gold Coast, Nyasaland, Protectorate Of Sierra Leone Protectorate

Solomon Islands, Protectorate, Somaliland Protectorate, Swaziland,

Uganda and Zanzibar.



If, after the signing of this agreement for the prospěšno to extend its

the provisions on some of the other above mentioned British protectorates or on

a Uk protected State or any territory over which the

His British Majesty has accepted a mandate from the League of Nations, the

considered that the provisions of the two preceding articles apply to the following

protectorates or States or territory on or after the day Harry m, which will be

set notes to be exchanged, and that such extensions will

carried out.



The parties agree that the provisions of this agreement that apply to the British

nationals pay will also be for natives of any

The British protectorate or protected State or territory of the mandate, the

covered by the provisions of the two preceding articles apply or later

will apply.



Article 20



This Treaty, of which the Czechoslovak language and English is

equally authentic, shall take effect forty days after replacing the

instruments of ratification. It may be terminated by each of the High Contracting

party for a period not longer than one year not less than six months.



Shall be ratified and the ratifications shall be exchanged at London as soon as possible.



On the conscience of the assignees and to add signed a contract

the seal.



Done at London on the 11th November 1924.



(L. S.) Dr. Emil Spira in r.



(l. S.) W. Tyrrell in r.



XIII.



Protocol



In that it was considered necessary to complement the article. 12 of the Treaty on extradition of criminals,

signed on 11 July. November 1924 between the President of the Czechoslovak

Republic and his Majesty the King of the United Kingdom of great

Britain and Ireland and the British Dominions, and Emperor of India, overseas

Subscribers assignees they agreed that this article should be as follows

supplemented by:



"Arrest warrant, statements and all other legal documents, as well as copies of their

supporting documents will be regarded as applications for the issue, if they are signed by the

or confirmed by the competent authority and authenticated in the Czechoslovak Republic

the stamp of the Minister of Justice or some other Minister and in

The seal of the Secretary of the United Kingdom. "



This report will have the same force and duration as the Treaty on extradition

criminals of 11. November 1924, to which it relates. This agreement will be

at the same time ratified and will be considered an integral part of the.



On the conscience of the assignees signed Protocol and to add

the seal.



Given in duplicate in London, on 4 December 2002. June 1926.



Jan Masaryk



A. Chamberlain



Prozkoumavše of this agreement and the Protocol, and confirmed by the endorsement.



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

The Czechoslovak přitisknouti dali.



The Radava, 26 March 2004. August devítistého the twentieth one thousand years

the sixth.



The President of the Republic:



T. g. Masaryk in r.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged on 5 July 2004.

November 1926 and that the agreement and the Protocol shall become article 20

the international effectiveness of the forty days after the exchange of instruments of ratification.



Raja v r.