The Treaty Between The Czechoslovak Socialist Republic And Cuba On Legal Assistance

Original Language Title: o Smlouvě mezi ČSSR a Kubou o právní pomoci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35051&nr=80~2F1981~20Sb.&ft=txt

80/1981 Coll.



DECREE



Minister of Foreign Affairs of 23 December 2003. June 1981 about the contract between the

The Czechoslovak Socialist Republic and the Republic of Cuba

mutual legal assistance in matters of civil, family and

Criminal



On 18 July 2005. April 1980 in Prague, a contract was signed between the Czechoslovak

Socialist Republic of Vietnam and the Cuban Republic on mutual legal

assistance in civil, family and criminal.



With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the President of the Republic has ratified it.

The instruments of ratification were exchanged in Havana on 11 July. June 1981.



According to article 81, the Treaty shall enter into force on 11 March 2006. July

1981.



The Czech version of the Treaty shall be designated at the same time.



Minister:



Ing. Chňoupek v.r.



CONTRACT



between the Czechoslovak Socialist Republic and the Republic of Cuba

mutual legal assistance in civil, family and criminal



The Czechoslovak Socialist Republic



and



Republic of Cuba



Desiring to develop relations between their peoples in a spirit of friendship and

mutual cooperation and facilitate legal relations between the two countries, with the

agree to enter into this agreement on mutual legal assistance in matters of

civil, family and criminal matters.



PART I



GENERAL PROVISIONS



Article 1



The legal protection of



(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Parties

the same rights and the same legal protection in matters of personal and property

as its own citizens.



(2) within the meaning of the provisions of paragraph 1, the citizens of one party

free access to the courts and other competent authorities of the other Contracting Party

in matters of civil, family and criminal matters, and they are entitled to these

institutions submit proposals to protect their personal and property rights.



(3) the provisions of this Treaty on the citizens of the Contracting Parties shall also apply to

legal entities of the parties.



Article 2



Legal aid



(1) courts, the public prosecutor's Office and other authorities of the two Contracting Parties operating in the

civil, family and criminal matters (hereinafter referred to as ' the competent authorities ')

provide legal assistance to each other, under the conditions laid down in this

the contract.



(2) the competent authorities shall provide each other with legal aid performance of different

operations, in particular, the oral testimony, the participants, the accused, or other

people, the implementation of the expert evidence, writing, sending and

service of documents.



Article 3



How to contact



(1) where the contract provides otherwise, the competent authorities of the Contracting

the parties will come together through the central authorities.



(2) for the purposes of this agreement, the central authorities shall mean:



and on the side of the Cuban Republic):



The Prosecutor-General of the Republic



-the Ministry of Justice,



(b)) on the side of the Czechoslovak Socialist Republic:



The Prosecutor-General of the Czechoslovak Socialist Republic



-the Ministry of Justice of the Czech Socialist Republic



-the Ministry of Justice of the Slovak Socialist Republic.



Article 4



The language of the



Unless otherwise provided for in this agreement, the authorities of the Contracting Parties

used during intercourse in the implementation of this agreement, its official

languages.



Article 5



Request



(1) unless otherwise provided for in this agreement, legal aid is

provides at the request or request for service (hereinafter referred to as

"the request") under the law of the State in which it is provided.



(2) the request and the documents attached to it must be by the competent authority

signed and bear the imprint of the stamp. In order to document

attached translation must be verified so authorised interpreter or

a public authority or a diplomatic mission or consular post one

of the Contracting Parties.



(3) mutual legal assistance to authorities of the parties may use

Custom Forms.



(4) the Request shall contain:



and) identification of the competent authority of the requesting



b) identification of the competent of the requested authority,



(c) the exact description of the case), in which legal aid is requested, indicating the

the subject and purpose of the request and the data necessary for its execution,



(d)) name, surname, nationality, place of residence or stay, status, and

employment or profession of the participants, the accused, defendants or

the convicts,



e) the name and address of the legal representatives of the persons referred to in point (a)

(d)) of this paragraph, if you were appointed.



(5) the request for notification shall contain, in addition to the data referred to in paragraph 4

This article, the exact address of the addressee and the marking of documents that have

be delivered.



(6) if the execution of a request for hearing, the request must also contain the

questions to be asked.



(7) the letters rogatory in criminal matters shall include also the legal designation and

description of the committed offence and the date of birth of the accused and the names of the

their parents.



Article 6



Execution of the letters rogatory



(1) when processing the request shall follow the procedure referred to in article 5 (3). 1 this

of the Treaty. At the request of the applicant authority, the request can be dealt with

in the manner specified in the request.



(2) in a timely manner by the requested authority shall inform the requesting authority, on the request of the place

and time of the execution of the request.



(3) if the requested authority is not competent to execute the request, it shall,

without delay to the competent authority.



(4) if the request could not be processed, the requested authority shall document

Returns and tells the causes that prevent the execution of letters rogatory.



(5) if it is not known the exact address of the person referred to in the request, shall take the

the authority of the requested Party steps to identify the location of the residence.



Article 7



Handling of requests a delivery receipt



(1) a document from the civil and family law to be

delivered to persons residing in the territory of the other Contracting Party,

attached to the request for notification in two copies.



(2) if the document is to be served, it is not written in the language

of the requested authority or is not connected to her translation into that language,

the requested authority shall deliver to addressee only, if it is willing to

voluntarily accept.



(3) proof of delivery shall be drawn up in accordance with the provisions concerning the delivery of the requested

the Contracting Parties. In the document must bear the place, date and method

delivery.



(4) if the document cannot be delivered at the address requested

authority of the measures to determine the place of residence of the addressee. If the address of the

to find out, it shall inform the applicant authority and at the same time the document returns.



(5) at the request of the applicant authority, the requested authority shall arrange, within the limits

provisions in force in the territory of the requested Contracting Party, that the document has been

delivered to the addressee in your own hands.



Article 8



The service of their citizens



The Contracting Parties may serve documents its own citizens also

through its diplomatic missions or consular posts. In

this case, you cannot use coercive means.



Article 9



Protection of witnesses and experts



(1) a witness or expert who has a residence in the territory of one Contracting Party,

is not required to subpoena authority of the other Contracting Party to attend.

The summons, therefore, must not contain any threats of the use of coercive

resources in case of no-shows.



(2) a witness or an expert appearing on a summons to the authority of the second

the Contracting Parties shall not be within its territory, irrespective of their citizenship

prosecuted or taken into custody or penalty shall not be executed

stored earlier for an offence committed before crossing the border

the requesting contracting party. Similarly, it cannot be on the territory of the requesting

the Contracting Parties prosecuted or in connection with the filing of testimony

or expert opinion, or for an offence that is the subject of proceedings.



(3) a witness or expert will invalidate the protection referred to in paragraph 2 of this

Article, if not leave the territory of the requesting contracting party within seven days

from the date when he was informed that his presence is no longer required. To

This period does not include the time during which the witness or expert is unable to

leave the territory of the requesting Contracting Party of the reasons for it.



(4) the Summoned person shall be entitled to reimbursement of their travel expenses and

stay on the reimbursement of lost earnings. In addition, the experts shall have the right to

payment of the fees. The summons will be given the kind of compensation that

they have referred to the person entitled; at their request, they will be paid in advance on the

the opacity of the relevant expenditure.



(5) If a person summoned as a witness in relation to the territory of the requested

the Contracting Parties, the authorities of that Contracting Party, as referred to in article 3

paragraph. 2 of this agreement, to arrange her transportation on the territory of the requesting

the Contracting Parties subject to the condition that there will continue to be kept in custody, and after

the end of the hearing promptly returned.



Article 10



The cost of legal aid



(1) each Contracting Party shall bear the costs of legal assistance incurred by the

its territory.



(2) on the request of the applicant authority, the requested authority shall notify the amount of incurred

costs.



Article 11



Address discovery



The competent authorities of the Contracting Parties shall assist each other in detecting

addresses of persons staying in the territory of their State, if it is necessary to

exercise of the rights of their citizens.



Article 12



Legal information



The Ministry of Justice of both Contracting Parties shall be sent, on request


information on the laws that apply, or apply on the territory of the

their States, along with their wording, as well as information on legal

legal issues and practice.



Article 13



The validity of documents



(1) a document issued or certified by the competent authorities in due form

in the territory of one Contracting Party may be used without further validation on

the territory of the other Contracting Party. The same also applies to the signatures on the other

the schedules of the certified according to the law in the territory of one of the Contracting

party.



(2) the provisions of paragraph 1 of this article shall also apply to copies of and

translations of the documents, which were verified by the competent authority.



(3) of the Charter, which are on the territory of one Contracting Party are considered

public, having the character of public documents and on the territory of the other Contracting Party.



Article 14



Refusal of legal aid



The provision of legal assistance pursuant to this agreement may be refused

If the requested Contracting Party considers that the provision of legal aid

would have been infringed its sovereignty or security, or if it was in

contrary to the fundamental principles of its legal system.



PART II



CIVIL AND FAMILY



Chapter 1



CASE STATUS



Article 15



Eligibility for the rights and legal capacity



(1) the capacity of the citizens of each of the Contracting Parties shall be governed by the laws of the

the Contracting Party in which the person is a citizen.



(2) the capacity of legal persons is governed by the legislation of the Contracting Parties,

by which it was established.



Article 16



Waiver and limitation of competence to perform legal acts



(1) where the contract provides otherwise, to deprivation or limitation of

competence to perform legal acts, the competent authority of the Contracting Party in which the

a citizen is a person whose capacity is proposed.



(2) if the competent authority of one Contracting Party that a citizen of the second

the Contracting Parties, that is to stay on its territory, there are reasons for

deprivation or restriction of legal capacity, it shall notify the

the competent authority of the other Contracting Party. This is true even in the case when

the competent authority shall adopt the transitional measures necessary for the protection of the person

or its assets.



(3) if the authority of the other Contracting Parties to which the matters referred to in

paragraph 2 notified does not start itself needed controlling up to 3 months or

If it does not respond within this period, the procedure for deprivation or limitation of

competence to perform legal acts does the authority of the Contracting Party on whose

the territory has a person whose capacity to decide.

The decision will be sent to the competent authority of the other party.



(4) if the proceedings before the competent authority referred to in the previous

the paragraph about the deprivation or restriction of legal capacity can be

decide based on the reasons set out the laws of both Contracting

party.



(5) the provisions of this article shall be applied in the case of return or

changes to the eligibility of legal capacity.



Article 17



Declared missing, dead and proof of death



(1) the Declaration of a person as missing, dead or the taking of evidence

death is the competent authority of the Contracting Party whose nationality the person

at a time when, according to the last reports was still alive.



(2) the authorities of one Contracting Party may be declared missing, for

of the dead, as well as to establish the day of death of the citizen of the other party to the

proposal for people living in the territory of that Contracting Party, where the legal

interest in accordance with the law of that Contracting Party.



(3) in the cases referred to in paragraphs 1 and 2 of this article shall be

the authorities of a Contracting Party governed by your state.



(4) decision taken in accordance with paragraph 2 of this article shall have legal

the consequences only in the territory of the Contracting Party whose authorities is brought.



Chapter 2



THE CASE FAMILY



Article 18



Marriage



(1) the conditions to marriage for both future spouses be governed by

the legal order of the contracting parties who are citizens. Circumstances is

negative marriage can be judged also according to the legal

the order of the Contracting Party in whose territory the marriage is concluded.



(2) the form of the marriage is governed by the laws of that Contracting Party,

on whose territory the marriage is concluded.



(3) the form of the marriage before the representative of the diplomatic mission

or consular authority that is authorised by one of the Contracting

States, shall be governed by the laws of this State.



(4) the validity of the marriage between citizens of the Contracting Parties is always required

maintaining civil forms.



Article 19



The personal and property relations of spouses



(1) if both spouses are nationals of a Contracting Party and to stay

on the territory of the other party, their personal and property relations are governed by the

legislation of the Contracting Party of which they are citizens.



(2) if one of the spouses has a stay in the territory of one Contracting Party and

the other, to the territory of the other party, and both spouses are citizens of the same

the Contracting Parties is governed by their personal and property relations of the laws of the

the Contracting Party of which they are citizens.



(3) if one of the spouses is a citizen of one party and the other

a citizen of the other Contracting Parties is governed by their personal and property relations

legislation of the Contracting Party in whose territory they are or get your

the last common place of residence.



(4) the competent authorities of the Contracting Party of which both spouses are nationals,

are competent to make decisions about their personal and property relationships.

In the case where at the time of initiation of the proceedings the spouses have their domicile on

the territory of the other Contracting Party, the competent authorities of that Contracting

party.



(5) if one of the spouses is a citizen of one party and the other

a resident of the other party, then the competent authorities of the Contracting Party in

which have or have had the common residence shall be competent to

making decisions about personal and property relations of the spouses.



Article 20



Divorce



(1) a divorce is governed by the legislation of the Contracting Party of which they are citizens

both spouses at the time of filing of the application instituting the proceedings.



(2) if one of the spouses is a citizen of one party and the other

a citizen of the other Contracting Party, the competent authority, which is

divorce proceedings, shall act under the law of his State.



(3) to divorce proceedings referred to in paragraph 1 of this article the competent

authority of the Contracting Party of which they are citizens by both spouses at the time of

the proposal. If, at the time of the petition for divorce the spouses have

residence in the territory of the other Contracting Party, the competent authority of that also

the Contracting Parties.



(4) in the case referred to in paragraph 2 of this article, the competent authority

the Contracting Party in whose territory the have or had both spouses last

the common place of residence. If one of the spouses is resident in the territory of one

the Contracting Parties and the other on the territory of the other Contracting Party, the competent

authorities of the two Contracting Parties.



Article 21



Nullity of marriage



(1) determine whether or not the marriage, and marriage

invalid shall be governed by the laws of a Contracting Party which, in accordance with

Article 18 of this Treaty was used in the celebration of the marriage.



(2) the jurisdiction of the authority shall be governed by the provisions of article 20 of this agreement.



Article 22



The legal relations between parents and children



(1) recognition, denial or filiation shall be governed by the laws of the

the Contracting Party whose nationality the child at the time of birth.



(2) as regards the form of the acknowledgement of paternity, it is sufficient, if it is satisfied

the law of the Contracting Party in whose territory the acknowledgement of paternity

occurs.



(3) legal relations between parents and children are governed by the legislation of the Contracting

Parties, of which the child is a citizen.



(4) as the competent authority of the Contracting Party in which the child is a citizen,

the competent authority of the Contracting Party in whose territory he is resident or

the place of residence shall be competent to decide about the relationships referred to in

the previous paragraphs of this article.



The maintenance obligation



Article 23



(1) the maintenance obligations between parents and children are governed by the laws of the

the Contracting Parties, in which the citizen is a person entitled to maintenance.



(2) the procedure for the matters referred to in paragraph 1 of this article the competent

authority of the Contracting Party in whose territory the beneficiary resides.



Article 24



The Contracting Parties shall take all steps necessary to comply with the maintenance

obligations and the execution of a judgment or other decision of the competent

authority with respect to maintenance. The Contracting Parties shall take measures to

maintenance conversions for a minor child be dealt with as a priority and without

the restrictions.



Article 25



If the competent authority of one Contracting Party are entitled to followed

maintenance against the debtor, who is staying in the territory of the other Contracting

the Parties shall provide the competent authority of that Contracting Party at the request of assistance

When you identify the source and the height of the income of the debtor.



Adoption



Article 26



(1) Adoption is governed by the laws of the Contracting Party of which he is

adoptive parent a citizen at the time of initiation of the proceeding. In the case referred to in article

27 para. 2 this agreement where the spouses are nationals of different Contracting

the parties, must be fulfilled conditions laid down by the laws of both

of the Contracting Parties.



(2) the consent of the adopted child or other persons and bodies are governed by the


the legal order of the Contracting Parties in which the child is a citizen.



Article 27



(1) the proceedings on adoption, the competent authority of the Contracting Party of which he is

adoptive parent a citizen at the time of initiation of the proceeding.



(2) if the adoptive parents are spouses, one of whom is a citizen of one of the

the Contracting Parties and the other a citizen of another Contracting Party, is to control the

the adoption by the competent authority of the Contracting Party in whose territory the have or have had

their last common habitual residence.



Guardianship



Article 28



(1) the commencement and termination of guardianship is governed by the legislation of the Contracting Parties,

of which he is a citizen of the guardianship.



(2) legal relations between the guardian and the ward shall be governed by

regulations of the Contracting Party, the authority of the appointed guardian.



(3) the adoption of guardianship and the obligation to act as a guardian shall be governed by

the legal order of the Contracting Parties, of which he is the guardian of a citizen.



(4) where the contract provides otherwise, decisions of the births and deaths of

the guardianship authority of the Contracting Party of which he is a citizen of the guardianship.



(5) the decision of the births and deaths of guardianship concerning

citizens issued by the authorities of a Contracting Party having an efficiency also

on the territory of the other Contracting Party.



Article 29



(1) if it is necessary to appoint a guardian to protect the interests of the citizen one

the contracting party who has his domicile, residence or assets on the territory of the other

Contracting Party, the competent authority of that Contracting Party shall immediately

inform the diplomatic mission or consular post of the other party.



(2) in urgent cases the competent authority shall take the necessary provisional

measures under the law of their State and without delay inform the

the diplomatic mission or consular post in accordance with paragraph 1 of this

article. These measures will remain in effect until the institution of the second

the Contracting Parties shall not adopt other measures and authority of that interim measures

accepted, is not informed about it.



Article 30



(1) the competent authority in accordance with article 28, paragraph 1. 4 may transfer guardianship

the competent authority of the other Contracting Party, if the guardianship has its

residence or stay on the territory of the other Contracting Party. Migration

custody becomes effective as soon as the guardianship authority took over the

the other Contracting Party. The authority shall inform without delay of acceptance

the custody of the requesting authority.



(2) the competent authority of the Contracting Party referred to in paragraph 1 of this

Article custody took over, shall be governed by the laws of your state. This

authority is not empowered to decide on the personal status of the ward.



Article 31



Consequences of initiation of proceedings



Initiation of the personal and property relations of the spouses, on divorce

marriage and the legal relations between parents and children in

the competent authority of one Contracting Party to prevent the same things

proceedings have been initiated with the competent authority of the other Contracting Party.

The competent authority with which it was same claim later, speaks of the

his own lack of competence.



Chapter 3



Article 32



Form of legal acts and material rights



(1) the form of legal acts shall be governed by the laws of the applicable to itself

legal act. However, if it is satisfied the rule of law in force in the

the place where the legal act occurs.



(2) the form of legal acts relating to immovable property, as well as the rights

they are governed by the legislation of the Contracting Party in whose territory the immovable property

It is located. The decision by the competent authority of that Contracting Party.



Article 33



Liability for damage



Commitment from the unlawful act or omission of the conferring

the obligation to compensate for damage shall be governed by the laws of the Contracting Party where the

such act or omission occurred. To control about these matters, it is

the competent authority of that Contracting Party.



Chapter 4



THINGS INHERITANCE



Article 34



The principle of equality



(1) by deriving from the law or from the will citizens of one party

to acquire property and rights in the territory of the other Contracting Parties under the same conditions

and to the same extent as its own citizens.



(2) citizens of a Contracting Party may, in a will to dispose of his

property located on the territory of the other Contracting Party.



Article 35



Legal relations of inheritance shall be governed by the laws of the Contracting Party in which the

the testator was a citizen at the time of his death.



Article 36



Last will and Testament



(1) the capacity to establish or revoke a will, as well as the opposition in the

against the will of the testator on the basis of defects will or her speech or

on the basis of the other shortcomings of the will, is governed by the legislation of the Contracting

the party, of which he is a citizen of the testator at the time of the creation or cancellation

wills.



(2) the form of the establishment or revocation of a will is governed by the legislation of the Contracting

the party, of which he is a citizen of the testator at the time of the creation or cancellation

wills. A will is valid, if compliance with the provisions of the legal

the order of the Contracting Party in whose territory these acts occurred.



Article 37



Deaths



If under the law of a Contracting Party, which governs inheritance

legal relations, not heirs, the movable heritage of that Contracting Party,

of which the testator was a citizen at the time of death, the heritage the Contracting

the party in whose territory the immovable property is situated.



Article 38



Jurisdiction in matters of succession



(1) except in the case referred to in paragraph 2 of this article is to control the

the movable heritage, the competent authority of the Contracting Party in which the citizen of the

was the deceased at the time of his death.



(2) if the entire movable heritage that has left one citizen

the Contracting Parties shall, in the territory of the other Contracting Party, shall consult on a proposal

the heir to the authority of that Contracting Party, if it agrees to all known

heirs.



(3) for consideration of immovable heritage is always the competent authority of the Contracting

the party in whose territory the immovable property is situated.



(4) the provisions of paragraphs 1 and 3 of this article shall also apply to consultation

Probate disputes.



(5) an assessment of whether it is a movable or immovable property, shall be governed by

regulations of the Contracting Party on whose territory the assets.



Article 39



Ensure heritage



(1) the authority of the Contracting Party in whose territory the heritage after citizens of the second

the Contracting Parties shall make under the law of their State of the measures needed

to ensure the heritage and to manage it. This also applies in cases where the

heritage can be a citizen of the other party.



(2) on the measures taken pursuant to paragraph 1 of this article,

the competent authorities shall immediately inform the diplomatic mission or consular

the authority of the other party, which may, in the performance measures to ensure

Heritage interact directly or through an agent. On a proposal from

the diplomatic mission or consular post may be made of the measures

postponed, amended or repealed.



(3) at the request of the authority competent to discuss the legacy of the measure must be

taken under paragraph 1 repealed.



Article 40



The publication of the will



The opening and publication of the will and to determine its status and content

as well as to the procedure for the competent authority of the Contracting Party in

whose territory the last will and Testament is located. If the deceased was at the time of his death

a citizen of the other Contracting Party, the competent authority of that Contracting

the party sent a certified copy of the will, and the Charter, which lists the status and

the contents of the will. On request, it shall send the original of the will.



Article 41



Editions heritage



(1) if it is movable heritage in the territory of one Contracting Party, the

This heritage to discuss the transmitted to the competent authority or

the diplomatic mission or consular post of the Contracting Party of which he was

the deceased was a citizen at the time of his death, on the condition that compliance with the

the provisions of paragraph 4 (b). b) of this article.



(2) the fees of the immovable heritage selects the Contracting Party in whose

the territory of the real estate is located. Unless otherwise provided for in this agreement,

selects the fee of the movable heritage of the Contracting Party whose nationality was

the testator at the time of death.



(3) If, according to the results of consideration of the heritage of this shall become the heirs,

who are domiciled or resident in the territory of the other party, and is not

possible to pass the heritage listed or their agents, the heirs of the

the diplomatic mission or consular post of a Contracting

party.



(4) the Heritage shall be issued under the conditions that:



and all are paid) taxes and fees associated with the heritage, or

their payment is ensured,



(b)), the competent authority issued the authorization necessary for the export of items that make up the

heritage or the transfer of sums



(c)) have been paid or secured all claims of creditors

the testator who have logged on within the time limit set by the legislation of the Contracting Parties,

on whose territory the heritage.



Chapter 5



THE COSTS OF PROCEEDINGS



Article 42



Exemption from the claim of the security



(1) Citizens of one party who act before the authorities of the other

the Contracting Party cannot, regardless of their place of residence or stay, save

the composition of the defence of the security for the costs of the proceedings.



(2) the Authority of a Contracting Party may request from the citizens of the other Contracting

the party composition of the advance on costs associated with implementation of the evidence under

the same conditions and to the same extent as its own citizens.



Exemption from fees and costs



Article 43




The citizens of one of the Contracting Parties shall have in the territory of the other Contracting Party shall be entitled to

exemption from judicial and notarial fees and free legal

behalf under the same conditions as its own citizens.



Article 44



(1) an application for an exemption pursuant to article 43 of the Treaty, the applicant may submit

also with the competent authority of the Contracting Party of which he is a citizen. With this

applications can be combined to initiate proceedings in a case for which the

the exemptions allowed.



(2) a request made under paragraph 1 and, where appropriate, a proposal to begin

the proceedings will be sent to the competent authority of the other party in the manner

laid down in article 3 of this agreement.



Article 45



(1) an application for an exemption pursuant to article 43 of the agreement is to be

attach proof of personal, family and financial circumstances

the applicant and the competent authority of the Contracting Party in whose territory the

the applicant is domiciled or resident.



(2) if the applicant has no domicile or residence in the territory of any of the Contracting

the parties may issue a confirmation of the diplomatic mission or consular post

the Contracting Parties, of which he is a citizen.



(3) the authority shall decide on the request for an exemption, it may request from

the authority which issued it, add data or needed clarification.



Chapter 6



RECOGNITION AND ENFORCEMENT OF JUDGMENTS



Article 46



The Contracting Parties shall, under the conditions laid down in this agreement and acknowledge

shall carry out in its territory the decisions of the competent authorities of the other

the Contracting Parties:



and) decisions on claims of property nature in civil and

family, as well as the Court-approved settlements in these matters,



(b)) the decision on the damages awarded in criminal proceedings.



Article 47



(1) the decisions referred to in article 46 of this agreement will be recognised and enforced

under the terms of that



and) the decision is final and enforceable under the law of a Contracting

Party on whose territory it was issued;



(b)), the authority which issued the decision was appropriate in accordance with the provisions of this

contract, or under the law of the Contracting Party in whose territory the

recognition or enforcement is sought;



(c)) about the same between the same participants have previously been issued a final

the decision of the authority of the Contracting Party in whose territory the decision is to be

enforced, or not, in the territory of that Contracting Party recognized final

the decision of a third State;



(d)), the decision was made on the basis of the law designated by this

the Treaty;



e) participant against whom the judgment was given, was not deprived of the possibility

to participate in the management and in the case of procedural incapacity options have

representative; the summons or petition have been delivered to the

your own hands;



(f)), the Contracting Party in whose territory the decision is to be recognised or

done, it considers that the recognition or enforcement would not undermine its sovereignty

or security or will not be in contradiction with the fundamental principles of its

the rule of law.



(2) the Provisionally enforceable judgments and interim measures on maintenance

obligations may be within the territory of the requested Contracting Party, even if the

shall be subject to the ordinary legal remedies.



Article 48



(1) decision issued by the competent authorities of one Contracting Party for

the status of the citizens of the other party shall in its territory

recognized under the conditions laid down in article 47 of this agreement.



(2) the recognition of a decision referred to in paragraph 1 may ask anyone on

It has a legal interest.



Article 49



Final decisions of the competent authorities of one Contracting Party for

the status of its own citizens are valid on the territory of the other

the contracting parties without review.



Article 50



To recognition and enforcement the competent authority of the Contracting

the party in whose territory the decision is to be recognised or enforced.



Article 51



(1) a proposal for the recognition of a decision or an enforcement order may

be filed directly with the competent authority of the Contracting Party in whose territory the

the decision recognised or enforced, or with the authority of the case

decided in the first instance. In this case, the proposal will be sent to the

the competent authority of the other party in the manner laid down in article 3

of this agreement.



(2) to the application must connect:



and a certified copy of the decision), provided with the guidance of the legal authority and

of enforceability if enforceability of legal power or did not result from

the decision itself,



(b)) a certified document showing that the party against whom the judgment was

issued, was to control properly and duly summoned,



(c)) a certified translation of the annexes referred to in points a and b)) into the language

the Contracting Party in whose territory the decision is to be recognised or enforced.



Article 52



(1) the Authority deciding on the recognition and enforcement of a decision shall be limited to

establishing whether the conditions referred to in articles 47 and 51 of this

of the Treaty. If it finds that these conditions have been met, the decision to recognize or

orders his performance.



(2) unless otherwise provided in this agreement, the competent authority that

decide on the recognition and enforcement of a decision, it shall proceed according to the rule of law

his State.



Article 53



(1) If a participant is exempt in accordance with article 42 of this agreement from

the obligation to lodge a security sentenced by a final decision to replace

costs of the proceedings, the competent authority of the Contracting Parties on the draft

authorized free of charge execution of this decision.



(2) the provisions of article 51 of this agreement apply, mutatis mutandis, in the case of

referred to in paragraph 1 of this article.



(3) the authority which is competent to order the execution of the decision referred to in paragraph

1, shall be limited to the determination of whether the decision on costs is

a final and enforceable.



Article 54



Authority of the Contracting Party in whose territory they were costs backed up

State, the competent authority of the other Contracting Parties to these costs

enforced. The amount collected shall surrender the diplomatic mission or consular

authority of the other party.



Article 55



The provisions of this Agreement shall not affect the enforcement of the legal

regulations of the Contracting Party with respect to the money transfer or export things

obtained a decision.



Chapter 7



SENDING OF DOCUMENTS OF CIVIL STATUS



Article 56



(1) the Contracting Parties shall send each other's statements from the Registry Office concerning

the citizens of the other party. Statements shall be sent free of charge

through the diplomatic missions or consular posts.



(2) the Contracting Parties shall send each other on request and free of charge for

official use extracts from the registers of the competent authorities in the manner specified in the

paragraph 1 of this article.



(3) citizens of one Contracting Party may send its request to send

extracts from the registers or other documents of civil status directly to the competent

authority of the other Contracting Party. The required documents will be sent to the applicant

through the diplomatic mission or consular post of a Contracting

party whose authority drew up the document. The diplomatic mission or consular

the Office selects when you pass the prescribed fees.



Article 57



(1) if the competent authority of a Contracting Party makes the record

additional information or correction in matrix concerning status

a citizen of the other Contracting Party, that Contracting Party shall send an extract from the register

with additional information or corrections.



(2) the Contracting Parties shall send each other copies of the final

decisions concerning the personal status of the citizens of the other party.



(3) the documents referred to in paragraphs 1 and 2 of this article will be sent

free of charge in the manner specified in article 56 para. 1 of this agreement.



PART III



THE CRIMINAL CASE



Chapter 1



Article 58



The provision of legal aid



Unless otherwise provided in this section, the provision of legal aid in

criminal matters shall be governed by the provisions of part I of this agreement.



Article 59



Taking over of criminal prosecution



(1) one party will be in accordance with their legal order on the request of the other

the Contracting Parties to prosecute their own citizens for acts committed on the territory of the

the other Contracting Parties, which impose penalties the courts.



(2) the obligation to take over the prosecution of such violations of the law also covers

the order, which under the law of the requesting party impose penalties

the courts, while under the law of the requested Contracting Party shall only

the infringement of the rule of law, which under the law of the requested Contracting

by imposing measures other authorities than the courts.



(3) the claims of the injured persons to compensation applied in arriving at the

management will become part of the proceedings. The competent authorities of the Contracting Parties,

who took over the prosecution, in accordance with its legal structure,

so on the proposals for compensation, it was decided in the criminal

control.



Article 60 of the



The contents of the request to take charge of criminal prosecution



(1) a request for the taking over of criminal prosecution or its annex shall

include:



and) personal data, including citizenship,



(b)) a description of the facts,



(c)) evidence,



d) a certified copy of documents, if it is needed, otherwise the result of the investigation,



(e) a copy of the text of the provisions) to be applied to the action in accordance with the

the legal order in force in the place of perpetration of the crime, the



(f)) the claim for damages.



(2) at the request of the requested Contracting Party shall provide the requesting contracting

side of the additional evidence.



(3) if the submission of the request to take charge of the proceedings is the accused in


custody or provisionally detained, will be furnished to its takeover of the territory

the requested Contracting Party.



(4) the requested Party shall inform the requesting Party of the final

decision. At the request of the requesting Contracting Party will be sent one

a copy of this decision.



Chapter 2



The ISSUE of



Article 61



Obligation to issue



The Contracting Parties shall, on request, be issued under the conditions laid down in

This Treaty, persons present in their territories, for the implementation of

criminal proceedings or for the enforcement of the sentence.



Article 62



Conditions of issue



(1) release for the implementation of the criminal proceedings is only permissible for criminal

the acts, which under the law of both contracting parties can be stored

imprisonment for at least one year.



(2) the issue of the enforcement of the sentence is permissible only for offences punishable under the

the rule of law both Contracting Parties, for which the offender has been saved

imprisonment for at least one year.



Article 63



Refusal to issue



(1) for the issue does not occur if:



and the person is required) citizen of the requested Contracting Party at the time of delivery

application for the issuance,



(b)) the offence has been committed on the territory of the requested Contracting Party,



(c)) under the law of the requested Contracting Party cannot be opened

the criminal proceedings or the judgment cannot be enforced for reasons of limitation or

for other legal reasons,



d) issue is not permitted under the law of one of the Contracting Parties,



(e) the person was required) against the territory of the requested Contracting Party handed down

final judgment for the same offence or proceeding was final

the decision stopped.



(2) in the event that the issue does not occur, the requested Contracting Party shall notify the

the requesting contracting party and shall communicate the reasons for which the release occurred.



Article 64



Extradition request



(1) the request for extradition for the implementation of the criminal proceedings shall be accompanied by arrest

the order, together with the statements of the Act, particulars of the evidence to justify the

suspicion of criminal activity, the text of the provision of the law that

to be applied to the Act on which the extradition request is based. If

the offence was caused by damage, shall communicate the information about its scope and amount.



(2) the request for extradition for the enforcement of the sentence shall be accompanied by a copy of the

final judgment, as well as the texts of the provisions of the law that

has been applied. If the convicted person has already served part of the sentence, it should be

to disclose the details of its length.



(3) if possible, attached to the application for the issue of the description, data on

proportions and photos required by persons, as well as information about the State

citizenship and place of residence, if the following information does not arise from arrest

order or judgment.



Article 65



Add data to the application for release



Does not contain a request for the release of all the necessary information, the requested

page to request their completion and to determine the period within two months. On

the request of the requesting contracting party, this period may be extended.



Article 66



Arrest for extradition purposes



After receipt of the request for the release of the requested Contracting Party shall, without delay,

measures to arrest the person required. These measures do not need to, if

Obviously, to issue under this agreement cannot occur.



Article 67



Provisional arrest



(1) at the request of a person can be arrested before the extradition request

If the competent authority of the requesting Party shall send a contractual warrant

or final judgment, and at the same time notify the extradition request. The application may

be filed by post, telex, radio, telephone, or other similar

way.



(2) the competent authorities of one Contracting Party may without a request under

paragraph 1 of this article shall mean, arrest the person on their territory,

If the person is committed in the territory of the other Contracting Parties to the offence,

for that is the issue in accordance with this agreement possible.



(3) on the arrest in accordance with paragraphs 1 and 2 of this article shall be the other Contracting

the party promptly informed.



Article 68



Release of arrested person



(1) the requested Party may release the person arrested on freedom,

If, within the period laid down in article 65 of the Treaty have not been sent

additional information.



(2) a person arrested under article 67 of this agreement may be dismissed on the

freedom, if the extradition request is not within two months from the date on which

the other party has been informed of the provisional arrest.



Article 69



Postponement of release



If the person whose extradition is sought, prosecuted, or if the

convicted of an offence in the territory of the requested Contracting Party may

be postponed release (d) termination of criminal prosecution or to the end of the

enforcement of the sentence.



Article 70



Temporary release



(1) upon a reasoned request of the requesting Contracting Party may be the person on the

whose extradition is requested is temporarily released to carry out certain procedural

acts, if delay would release could result in limitation

criminal prosecution or could significantly impede the investigation of crime

She committed the person whose extradition is requested.



(2) a person must be Temporarily released after performing the acts for which the

released, returned without delay, and no later than three months from the date of the temporary

release.



Article 71



Request more States to grant



Where the release of the same person, the requested country shall decide

the party that request. In doing so, shall take into account the State of citizenship

required by the person, as well as to the location and the severity of the crime committing.



Article 72



Limits punishable



(1) without the consent of the requested Contracting Party cannot be issued to a person

prosecuted or executed on it may not be the punishment for other offences, which

committed previously and which are not listed in the request for extradition, it cannot

also be extradited to a third State.



(2) the consent of the requested Contracting Party need not be, if:



and) issued a person who is not a citizen of the requesting contracting party,

has not left the territory of that Contracting Party within one month after the end of

criminal proceedings or after the end of the sentence, although it had the opportunity to

to do so. This time limit does not count the period during which the person issued

could not leave the territory of the requesting contracting party independent of their will;



(b)) issued by the person left the territory of the requesting contracting party and again

This territory voluntarily returned.



Article 73



The communication of the results of the criminal proceedings



The Contracting Parties shall communicate the results of the criminal proceedings against the

issued by the parties. If it was against those persons issued a final

judgment, will be sent a copy thereof.



Article 74



Release



The requested Contracting Party shall notify the other party in the place and date of issue

the requested person. If not taken in the requesting contracting party the released person

within 15 days after the given date, the person may be released on the

freedom. By agreement of the parties, this period may be extended,

However, the longest by a further fifteen days.



Article 75



The rerelease



Avoids the released person in any manner criminal proceedings or

the performance penalty for which was released, and if he returns, or is staying on

the territory of the requested Contracting Party, that person will be on a new request

the requesting Contracting Party published, without the need to submit

the documents referred to in article 64 of this agreement.



Article 76



The transit



(1) Each Contracting Party shall, at the request of the other Contracting Party, through its

the territory of the transit of persons, which was issued by a third State to the other Contracting

side. The requested Party may not transit permit if the issue

inadmissible under the provisions of this agreement.



(2) the transit request is submitted and dealt with in the same way as a request

about the issue.



(3) the authorities of the requested Contracting Party shall carry out the transit operation in a way that

deemed most appropriate.



Article 77



The cost issue and transit



(1) the costs of issue shall be borne by the Contracting Party in whose territory the incurred with

the exception of the costs for transportation, which shall be borne by the requesting contracting party.



(2) the cost of transit shall be borne by the requesting contracting party.



Article 78



The release of things



(1) the requesting party will be issued to things which have been used to

committing a crime for which the extradition under the provisions of article 62 of the

the contract possible, as well as things that the offender has gained by committing such a

crime, or their equivalent, and any other thing that the offender

may be used as evidence in criminal proceedings; these things I will be released

in the case that the extradition will not happen for his death or from another

reason.



(2) the requested Party may temporarily withhold things, whose release

is sought, if these matters needs to be in a different criminal proceedings.



(3) the rights of third parties to things shall remain unaffected. After the end of

criminal proceedings returns the things the requesting Contracting Party of the requested Contracting

side, would have been passed on to the beneficiaries. In justified cases, and

with the consent of the requested party can pass things spoken to authorised persons

directly.



Article 79



Communication of conviction



(1) the Contracting Parties shall inform each other about competent

judgements in criminal matters over the citizens of the other party

party.



(2) the competent authorities of one Contracting Party shall provide the authorities of the other

the Contracting Parties shall, on request, free of charge, extracts from criminal records.



PART IV



FINAL PROVISIONS



Article 80




This agreement shall be ratified. The exchange of instruments of ratification,

take place in Havana.



Article 81



This agreement shall enter into force on the 30th day after the exchange of instruments of ratification

documents and shall remain in force for five years.



Its validity shall be extended for a period of five years, if none of the

of the Contracting Parties denounces it in writing within six months before the expiry of

the current period of its validity.



Done at Prague on 18. April 1980 in two original copies, each in the

language Czech and Spanish, both texts being equally authentic.



In witness whereof this agreement was signed by agents and getting it

the relevant seals.



For the Czechoslovak Socialist Republic:



JUDr. Jan Němec v.r.



For the Cuban Republic:



Ing. Pedro w. Luis Tores v.r.