Extradition And Legal Assistance In The Punishment. Matters With Portugal

Original Language Title: Vydávání zločinců a právní pomoc v trest. věcech s Portugalskem

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=5178&nr=24~2F1931~20Sb.&ft=txt

24/1931 Sb.



Convention



between the Republic of Czechoslovakia and the Republic of Portugal on the issue of

criminals and legal assistance in criminal matters. On behalf of the Republic of

Czechoslovak.



On behalf of the Czechoslovak Republic



and



the Portuguese Republic



This Convention was agreed:



(Translation.)



Convention



between the Republic of Czechoslovakia and the Republic of Portugal on the issue of

criminals and legal assistance in criminal matters.



The President of the Republic and the president of the Portuguese Republic,

Desiring to accounts and legal relations between the two countries, with regard to the

the issue of transit and criminals, as well as legal assistance in criminal matters,

they decided to establish a permanent Alliance to this end, the Convention and appointed their agents:



The President of the Republic:



p., JUDr. Emil Spiru,



the preferred trade in the Ministry of Justice,



p., JUDr. Charles Halfara,



the preferred Department of international treaties in the Ministry of foreign

things;



President of the Portuguese Republic:



p. Dr. Abel de Andrade,



Professor at the Faculty of law in Lisaboně,



p. Dr. José Caeiro da Mata,



Professor at the Faculty of law in Lisaboně,



who, having exchanged their full powers, found in good and due

the form, they agreed on the following provisions:



Title I.



The issue of transit and criminals.



Article 1.



For that crime is povoliti release.



The Contracting Parties undertake to grant, on request, to each other's people,

that are present on the territory of one of them and they are prosecuted or were

judicial authorities of the other party convicted for any offence, for

that can be povoliti issue in accordance with the laws of the requested party if:



and the laws of both States)-even if only in some parts of their territory-

stored on this crime of imprisonment of at least one

year or a heavier sentence, or if the person has been sentenced for the same required

performance to the sentence at large in duration of at least six months, or to a sentence

more complex;



(b)) the offence has been committed on the territory of the requesting State;



(c)) is not a prosecution of an offence under the laws of the State of the requested right

his own courts.



If the offence was committed outside the territory of the requesting State, will release

enabled only if permitted by the law of the requested State for the

similar circumstances a prosecution for the same offences committed outside its

territory.



The issue also will be allowed to attempt the above offences

or for abetting them, if they are trestny according to the legislation of both

of the Contracting Parties.



If the offence for which it is requested for the release, in Czechoslovakia

the death penalty, the Portuguese authorities for the issue of applications only with the

the condition that the death penalty will not be executed.



Article 2.



Issue your own nationals.



The Contracting Parties have no obligations at all vydávati your own State

members.



If required by the person who brought in the State requested, an application for the grant of

citizenship before her release has been applied for, may be

decision on the application for the issue of deferred until execution of the request

the grant of citizenship.



Article 3.



The offences for which release cannot be enabled.



The release is nepřípustno:



and) for offences of political or related offences.



Rozhodovati on whether the offence is of this nature, it is exclusively

to the requested State.



The attack against head of State, is either the execution or nedokonaný crime

murder or manslaughter, attempt or participation in such an act will not be

regarded as a political offence or for an offence related to such

a criminal offence;



(b)) for the offences purely military;



(c)) for your own press offences;



d) offences against the laws of finance;



e) for offences whose prosecution we can be just a private proposal

the injured person and to stop her, dropping from him;



(f) there was a limitation) prosecution or punishment under the laws of

applicable in all parts of the territory of a Contracting Party, or by the

the laws of the State where the crime was committed, before the accused was

arrested or summoned for questioning, or if it stíhati or punishment

challenge from other legal reasons;



(g)) if the person is prosecuted in the requested State for the same offence

Act, or if there has been criminal proceedings terminated, or for the same performance

judgment convicting or liberating, but by legislation

This State organism recovery of criminal proceedings due to new

in the circumstances.



Article 4.



The request for the issue.



The request for release is not administer way diplomatic.



The application shall be attached to either the indictment, arrest or other

judicial Charter equivalent Department built or conviction,

should it be against the person required. These documents must be included in the

the original or in authenticated copies and must briefly uváděti a criminal offence,

his qualifications and the naming and should be připojiti to them the text of the criminal

the law in force in the State by the applicant, which will use the offence

and which lists the punishment that can be uložiti. If possible, let it be connected

description required by the person as well as her likeness, or other information that

may přispěti to determine his identity.



If this is about the crimes of property, is beheld as well as the amount of damage actually

caused or, if possible, the offender intended.



Article 5.



About the language, which is to use the.



Of the Charter referred to in the preceding article is sepsati in the language of the State

(start-up) State of the applicant in the form prescribed by the laws and

However an official seal. Is připojiti to them a translation into the State

(oficielního) the language of the requested State, prepared or authenticated either

sworn translator (translator), that is, must affix its signature and

My seal, or the official interpreter of the requesting party.



Article 6.



Additional clarification.



Emerge-if in doubt, whether the offence for which it is for the issue

applied for falls under the provisions of this Convention shall be requested by the requesting State

for clarification, and the issue will be allowed only if they are made

clarification of the nature, to remove these doubts.



In no event will be uložiti to the requesting State to provide

evidence of the guilt of the person required.



The requested State may, in any case, the plays, the time limit to submission

additional clarification; This period may, however, be on a reasoned request

extended.



Article 7.



Measures to ensure that the release provided.



When the request for release with the annexes referred to in articles 4 and 5,

the requested State shall arrange everything necessary to secure the requested person, and

prevent its escape, but the issue was now with the beginning of the

unacceptable.



8.



Provisional arrest; the release of the arrested person on a provisional basis.



In emergency situations, may be required by the person provisionally arrested

even before the request for its release on the basis of

any notice sent by post or telegram, provided

the notification mentions the judicial warrant, or judgment, and that is in it

at the same time marked by crime. This notification may be sent directly

the Court or competent authority of the State of the applicant to the competent authority

State of the requested. The requesting authority must, however, clarify the telegraphic

notification within eight days.



The competent authorities of both Contracting Parties may even without such notification

zatknouti provisionally each person that was in Holocaust photo tracked on their territory

and it is reported to the authorities of the other party or shown by being pursued by

in their respective police sheets or registers.



The Office, which proceeded in accordance with the preceding paragraphs to the arrest of some

persons, he shall inform the authority without delay, who asked about the arrest, and grasses

at the same time the place where the arrested person is in custody.



Failure by the authorities of the other party within fifteen days after the notice was

in accordance with the provisions of the upstairs that will be sent a request for the release of arrested

the person, that person can be released.



Article 9.



The release required by the person.



The arrested person may also be released, if no extradition request with

the documents referred to in articles 4 and 5 within six weeks from the date on which the

the arrest report is sent, of which this is the third paragraph of the previous

article.



The arrested person may also be released if requested for additional

the clarification under article. 6 and run out of the State if this clarification requested in

a reasonable time limit which has established or extended.



Article 10.



Overlapping of applications for the issue.



Where next to the Contracting Party in the edition of the same person or another

several other States, it may, by the requested State of the soul of either State to whose

is a national or of the State in whose territory the crime was committed.



If the State of which the person is required by the national, between the States

her release by the applicant, the requested State may subsequently referred to zpraviti

State of applications received from other States, he shall fix the

15 days to declare whether he intends to insist also on its release.

The provisions of paragraph 1. 1. Article 9 shall also apply to his application for release.

Otherwise, the person will be required by the State in whose territory the committed

the most difficult offense and, in the case of acts of State as hard, whose application


for the issue came first.



The obligations that any Contracting State on married previously to other

States, the following provisions shall remain unaffected.



Article 11.



When will the release be postponed.



If it is required by the person being prosecuted or has been sentenced in the State if

requested for an offence other than the one that is the basis of the request for

release, or if it is there in the binding of other causes, can be released

postponed to the time when the proceedings will be completed or punishment or odpykán

pardoned or her binding for other reasons.



This delay will not be a defect that was not immediately on the issue decided,

unless there are special reasons, which is immediately zpraviti

the requesting State.



Article 12.



The temporary release of the requested person.



If, however, the postponement of the issue referred to in the preceding article may have

According to the laws of the requesting State in the wake of either prescription or other serious

a harmful effect for the prosecution, can be povoliti temporary release required

persons, if there are specific objections against it and under the condition that the issued

will be returned as soon as it will be in the State requesting that acts of control,

for which the person was temporarily requested.



Article 13.



When is the release of carry it out.



If the release is enabled, is requiring the State to, however what's

first authorisation for transit and převzíti, required by the person within three months

the date on which it has been informed about the fact that he was allowed to release. After this

the time limit may be a person, which is released.



Article 14.



The scope of the issue.



The released person can be stíhati or chastise in the State, which has been released,

or of the soul to a third State for an offence other than that for

that has been released and that was committed before him, only:



and with the consent of) the State that has authorized the release. This consent cannot be

odepříti, if this Convention applies to the release for such criminal

the feat. State that the issue has enabled, may insist that such consent was

requested in the form prescribed for the issue of licences with the documents referred to in

articles 4 and 5. State to which the consent was given, it shall notify the other State

the final result of the criminal proceedings and send him a copy of the decision;



(b) if the person released) Although it had the opportunity, has not left within a week

After his final release of the territory of the State, which has been released, or

if returned there later.



Article 15.



The transit of criminals.



In the case of extradition between one of the Contracting Parties and the State

third, the other party shall allow its transit, based on mere submission of the

the original or an authenticated copy of any of the documents referred to in article 4.



The provisions on the issue of the permit shall also apply to the transit.



The transit will be carried out by the authorities of the requested Party, in the manner and direction which

Specifies.



Title II.



Legal aid in criminal matters.



Article 16.



General provisions.



Contracting Parties shall provide each other with legal assistance in criminal matters.

In particular, can be doručiti files relating to the criminal proceedings to persons who

they are found on their territory, they set out to do acts of investigation as

the examination of witnesses, expert opinions, judicial examination and the seizure of goods and

the Court will be to confer to each other's writings and evidence.



Convictions, as well as the summons for questioning people as defendants,

issued by the courts of a contracting party against members of the other, will not be

However, such persons are being delivered. Also, you cannot submit the hearing as

the accused member of one party at the request of the latter.



The request for legal aid in the language of the State is sepsati (start-up)

State of the requesting authority, however, the seal of the applicant and the předati directly

the Ministry of Justice of the requested State, the Ministry of Justice

State of the applicant or, in the case of criminal proceedings the military,

the Supreme administration of the military justice system. The provisions of article. 5 about translations

also apply to letters rogatory and its annexes.



The request for legal assistance in criminal matters will be dealt with according to the laws of the

the State on whose territory it is to be desired operation is carried out. About protocols

will not be translated into the State language (oficielního) of the requesting State.



Legal aid in criminal matters can be in the limits of the law

each of the two States, and even in that case, unless, in the

the provisions of this Convention, the obligation to issue.



Article 17.



Contacting and demonstration of the people of the territory of the other Contracting State.



Appear in the criminal case, which is pending before the courts of one

the parties, necessary, or desirable, to witness or expert from the second

a Contracting State shall be personally delivered to him, the authorities of that State

the writ, which for this purpose shall be sent to him.



Costs associated with personal appearance a witness or expert shall be borne by

the requesting State; in the writ is beheld that the amount that will be a witness or

Experts paid to cover the costs of travel and stay, as well as the amount of the advance,

the requested State may vyplatiti him against reimbursement of the State

the applicant.



A witness or expert, whether it is for anywhere, visitors to the territory of one

the Contracting Parties, the other party will be invited to voluntarily appear before

before their courts, shall not be prosecuted or imprisoned here for earlier

offences or under the pretext of abetting the acts which are the subject

criminal proceedings in which he is acting.



These persons shall, however, this benefit, if, although it

option, have not left the territory of the requesting State within 15 days from the

a time when their presence was no longer needed, before the courts.



If a obeslána person in the territory of the requested State may be requested for

her presentation with a commitment that there will be returned as soon as possible. Such

the request will be zamítnouti only for serious reasons, in particular if

the transferee a prisoner expressly odporovati.



Under the terms of the above will also be permitted to transit the territory there and back

one party of the person who is in custody in the territory of a third State,

If the other Contracting Party in that it was built in the

to face with a person prosecuted or heard as a witness.



Article 18.



Connection with the issue of things.



The authorities of both Contracting Parties shall grant each other the things which on request

the accused became a criminal offence or that may serve as a case

in the world, and even if these things are subject to seizure or forfeiture.



If these things are in the possession of the accused at the time of its release, or transit,

will be issued at the same time, if possible, with its release or průvozem. To

the issue occurs even if the issue already authorised cannot be

done to the death or escape of the accused. The release will be vztahovati

also to all things of the same kind, that perhaps the accused took care of everything, or

order in the State which has authorized the release and which would only later

vypátrány.



The rights of third persons to these things however remain unaffected; in this

the case should be returned to the requested State these things as soon as possible after

-completed criminal proceedings and without any expenses.



State in which it is applied for the issue of those things can for now

zadržeti, if it is necessary for criminal proceedings. He can also

vyhraditi when issuing their return for the same purpose with a commitment

that is, itself, sends it back as soon as possible.



Article 19.



Disclosure of convictions and extracts from a criminal record.



The Contracting Parties shall send each other oznamovati půlletně rightful

convictions or lifts from all pravoplatných of judgments, čítaje

It is also conditional on the judgments handed down by courts against their nationals

the other side, if they are registered under applicable law to their

criminal or judicial registers.



They will also oznamovati's subsequent decision, which applies to

This conviction and are written into the criminal and judicial registers.



The authorities of each Contracting Party responsible for the criminal or judicial

the registers will be podávati to the authorities of the other party on request free of charge

reports on specific cases of criminal or judicial registers.



The above message will be exchanged directly between the Ministry of

Justice and cult in Lisaboně with one side and depending on the circumstances

the Ministry of Justice or the Ministry of national defense in Prague with

of the other party.



Article 20.



The costs of legal assistance in criminal matters.



The costs caused by release or other requests for legal assistance in matters of

criminal, shall be borne by the party in whose territory arose. The authorities of the party

However, the requesting Party shall notify the requested amount of these costs to

being a nahraženy person so required.



The exception is the cost of expert opinions of any kind, as well as

the costs caused by obesláním or by showing that the people who are in custody

on the territory of the requested State, and the cost of transit. All of these costs

shall be borne by the requesting State.



The requesting State shall also pay the cost of the temporary release, and

the return referred to in article. 12 of this Convention.



Title III.



The provisions of the final.



Article 21.



Into Force Of The Convention.



This Convention shall be ratified and the instruments of ratification shall be exchanged as

First, in Prague.



The Convention will take effect a month after the exchange of instruments of ratification and

shall remain in force unless one of the Contracting Parties has notified six


months in advance of its intention to the other party, the Convention vypověděti.



On the conscience of the agents have signed this Convention, and to join her

the seal.



Given in duplicate in Lisaboně, 23 June 2003. November 1927.



L. s. Dr. Emil Spira in r.



L. s. Dr. Charles F H in r.



L. s. Abel de Andrade in r.



L. s. José Caeiro da Mata in r.



Prozkoumavše this Convention, we agree and we confirm it.



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

The Czechoslovak přitisknouti dali.



In the castle on 13 November in Prague. March devítistého of the 30th one thousand years.



The President of the Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged in Prague on

October 27, 1930 and became the international effectiveness of the Convention pursuant to article 4(2). 21.

a month after the exchange of instruments of ratification.



Dr. Edvard Beneš in r.