On The Treaty Between Czechoslovakia And Afghanistan Dem Rep. Of Legal Aid

Original Language Title: on the Treaty between Czechoslovakia and Afghanistan dem. Rep. of Legal Aid

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35744&nr=44~2F1983~20Sb.&ft=txt

44 DECREE of the Ministry of Foreign Affairs of 20 December 1982 on the Treaty between the Czechoslovak Socialist Republic and the Democratic Republic of Afghanistan on Legal Assistance in Civil and Criminal Matters On June 24, 1981, was signed in Prague the Treaty between the Czechoslovak Socialist Republic and the Democratic Republic of Afghan Legal Aid in civil and criminal matters. With the Treaty expressed consent of the Federal Assembly of the Czechoslovak Socialist Republic and the President of the Republic ratified. Instruments of ratification were exchanged in Kabul on 8 November 1982. The Treaty entered into force by virtue of Article 52 on 8 December 1982. The Czech version of the Treaty shall be open simultaneously. First Deputy: Rehorek vr AGREEMENT between the Czechoslovak Socialist Republic and the Democratic Republic on the Afghan Legal Assistance in Civil and Criminal Matters, the President of the Czechoslovak Socialist Republic and Chairman of the Revolutionary Council of Afghanistan's Democratic Republic, led efforts that further strengthen the friendly relations and cooperation between the two countries and desirous of regulating mutual legal assistance Agreement in civil law and the criminal decided to conclude this Agreement and to this end have designated as their plenipotentiaries : The President of the Czechoslovak Socialist Republic: Ing. Bohuslav Chnoupek, Minister for Foreign Affairs and Chairman of the Revolutionary Council of Afghanistan Democratic Republic: Shah Muhammad Dust, Minister of Foreign Affairs who, having exchanged their full powers, found in good and due form, have agreed as follows: PART I GENERAL PROVISIONS CHAPTER 1 LEGAL PROTECTION AND LEGAL ASSISTANCE IN CIVIL AND CRIMINAL MATTERS Article 1 Legal Protection (1) the Citizens of either Contracting Party shall enjoy in the territory of the Contracting Party, the other the same legal protection of personal and property matters as citizens of the other Party. (2) the Citizens of one Contracting Party may, before the judicial authorities of the other Party to act, defend their rights, make requests, proposals that initiate proceedings and remedies under the same conditions as nationals of that Party. (3) The provisions of this Treaty relating it to the citizens of the Contracting Parties shall apply, mutatis mutandis, that legal entities established under the law of one of the parties, which are located on the territory of the Contracting Party. Article 2 Legal Assistance (1) The judicial authorities of the Contracting Parties shall provide the matters covered by this Treaty other legal assistance. (2) For the purposes of this Convention, the term "civil matters" also includes things family and work. (3) For the purposes of this Convention, the term "judicial authority" means any public authority of a Contracting Party, under whose jurisdiction includes discussion of matters governed by this Agreement, under the law of his state. Article 3 Scope of legal assistance Parties shall provide each other with legal assistance by performing individual acts, particularly by writing, sending and service of documents and taking of evidence. Article 4 the METHOD OF COMMUNICATION (1) The judicial authorities of the Parties in implementing this agreement, meet each other through the respective central authorities, if the contract provides another way. (2) For the purpose of this agreement is: (a) the central bodies) on the part of the Czechoslovak Socialist Republic-the Prosecutor General's Office of the Czechoslovak Socialist Republic-Ministry of Justice of the Czech Socialist Republic-Ministry of Justice of the Slovak Socialist Republic, (b)) on the Afghan Democratic Republic-the Prosecutor General's Office, the Supreme Court, the Department of Justice. (3) The Central Authorities of the Contracting Parties used in contact with each other in implementing this Agreement and its official language is always also the English language. Article 5 Letters rogatory (1) Letters rogatory must include: a the identification of the applicant) authority, (b)) identification of the requested authority, c) of the description of the case, in which the legal aid requests d) the names and surnames of the participants, the accused, indicted and eventually representatives instead of their place of residence or temporary residence, their nationality and occupation, in criminal cases, where possible , the place and date of birth and parents ' names and surnames; for legal persons their name and seat, e) the subject of the request and the data that are needed for processing requests, f) in criminal cases, and the legal description of the criminal court in our crime and details of the damage and the amount of damage has been caused by the act. (2) Letters rogatory and accompanying documents must be written in an official language of the requested Party or shall be accompanied by a translation into that language or in the English language. Each translation attached to the letters rogatory must be certified by a duly authorized translator or by a diplomatic mission or consular job post of one of the parties. (3) The request shall state the date of its execution, will be personally signed and official stamp. Article 6 Execution of requests (1) In dealing with the request, the requested authority under the law of your state. It may, however, at the request of the applicant authority to make the request in the manner indicated, unless this is in conflict with the law of the state. (2) If the requested authority is responsible for processing requests, forward them promptly to the competent authority and inform the requesting authority. (3) If the address listed in the request is not accurate or if the person whom the request relates, does not live at the address given, the requested authority shall take measures to find the correct address. (4) The requested authority shall notify in a timely manner directly to the requesting authority at its request, the place and time of processing the request. (5) After executing such requests return the requested authority at the request of the writings of the requesting authority. If it is not possible to satisfy the request, it returns the requested authority, the applicant authority writings and simultaneously notifies the reasons for which it is not possible to execute the request. Article 7 Delivery of requested authority shall arrange for service of documents under the laws of their State if the document to be served is drawn up in the language of the requested Party or is accompanied by a certified translation into that language. Otherwise, the requested authority shall deliver the document to the addressee if he is willing to accept voluntarily. Article 8 Proof of Delivery (1) Delivery confirmation proves signed by the beneficiary and bearing the official stamp, date and signature of the authority or the "delivering certificate issued by the authority to establish the manner, place and date of service. If the document to be served sent in duplicate, may be its acceptance and acknowledge receipt on the second copy. (2) Proof of receipt shall be sent promptly to the requesting Party. In the event that you can not be effected, the requested Contracting Party shall promptly notify the requesting Party of the reasons that prevent delivery. Article 9 Execution of requests by the diplomatic missions or consular job posts of the Contracting Parties may serve documents on its own citizens and interrogate them also through its diplomatic missions or consular job posts. In those cases can not be used coercive means. Article 10 Protection of witnesses and experts (1) A citizen who is staying in the territory of one Party and to be heard before the judicial authority and of the other Contracting Party as a witness or expert is not obliged it to attend the summons of the points; the former must not contain threat of coercion in the event of failure to appear. (2) A witness or expert who is staying in the territory of a Contracting Party and who has appeared on the former, the judicial authority of the other Contracting Party may be in its territory, regardless of their nationality prosecuted or subjected it restrictions of personal liberty for an offense he committed before crossing the state border of the requesting Party it can not carry out the punishment for such an offense or previously saved can not be prosecuted in connection with the filing of the evidence or expert opinion. (3) The witness or expert shall cease protection provided for in paragraph 2 of this article, if you do not leave the territory of the requesting Party within seven days from the day on which the judicial authority which he summoned, announced that his presence is no longer needed, or if it has left the territory of the requesting Party and voluntarily returned there. This period does not include the period during which the witness or expert was unable to leave the territory of the Contracting Party of the grounds upon him independent. (4) The summons of the citizen is entitled that reimbursement of travel and subsistence, as well as loss of earnings and an expert in addition, also on experts ' fees. The summons shall state what compensation summoned belongs. At his request, he will provide backup for reimbursement. Article 11 Costs of legal aid (1) The Contracting Parties shall not claim the costs of execution of the request in addition this expert witnesses and other expenses incurred in connection with the execution of expert evidence. (2) the expert evidence may make it a condition, the deposit. (3) The requested authority shall notify the requesting authority, at its request, the amount of the costs incurred by the execution of the request. Article 12 of the New legal aid Providing legal assistance may be refused: a) if the requested Party considers that execution could jeopardize its sovereignty or security or would be contrary to the public policy; (b)) in criminal matters also, if the request relates that acts which under the law of the requested Party is not legally punishable. Article 13 Legal Information The central authorities of the Contracting Parties shall, upon request, provide information on the legislation in force or applied on their territory, the texts of those provisions and information on the legal practice. Article 14 the Validity and the probative force of documents (1) the Documents issued or certified in the prescribed form and bearing the official seal of the competent state authority or public official (an interpreter, expert) require a Party in the territory of the other Party further verification. This also applies that signatures on documents and signatures, which were verified by the legislation of one Contracting Party. (2) Documents which are in the territory of one of the parties considered the public have probative force of public documents also in the territory of the other Party. Article 15 Determination of the addresses and other data that (1) The central authorities of the Contracting Parties, on request, provide assistance in identifying the addresses of persons who reside in their territory if it is necessary it exercise the rights of their citizens. (2) If the judicial authority of a Contracting Party and claim for maintenance against a person who is in the territory of the other Party, provided such High Contracting Party to request assistance as well as in identifying the source and amount of income of that person. Chapter 2 Sending civil status documents and other documents Article 16 (1) The Contracting Parties shall be forwarded to each other extracts from the registers of births, marriages and deaths of the about the other Contracting Party, as well as the communication of any changes in these registries. These statements are sent ex officio immediately after the entry in the register (or an agreed period). (2) At the request of either Contracting Party shall notify the other Party of extracts from registers for official use. (3) Extracts from the registers under this Article shall be sent free of charge through the diplomatic channel. Article 17 requests of the citizens of the Parties of an extract from the register or copy of other documents related to personal status may be sent directly to the appropriate registry office or the judicial authority of the other Contracting Party. Requested documents are sent to the applicant through the diplomatic mission or consular job post of the State whose authority issued the document. The diplomatic mission or consular job post at the handover chosen from the applicant and the fee for copies of documents. Article 18 The Contracting Parties shall send each other manner provided for in Article 16. 3 thereof copies of judgments concerning the status of the other Contracting Party, which came into legal force. TITLE 3 Costs Article 19 Exemption from the composition of defense, security, citizens of one Contracting Party appearing before the judicial authorities of the other Contracting Party if they have a residence or temporary residence in the territory of one of the parties, can not be saved, lodge complaint security for costs only because they are foreigners come or to the territory of the other Party are not resident or temporary residence. Article 20 Enforcement of costs (1) If the party exempted from passing defense, security for costs pursuant this Article 19 of this Agreement, by Decision of the judicial authority of a Contracting Party, which came into legal force, it pay the costs he executes this decision and the proposal justified on the territory of the other Party without charge. (2) the Proposal and its their annexes shall be made in accordance with Article 29 thereof. (3) The judicial authority which decides to execute a judgment pursuant this paragraph 1 of this Article shall be limited to determining whether the decision on costs became final and enforceable. Fee waivers and advances Article 21 Citizens of one Contracting Party in the territory of the other Party provides an exemption from court fees and advances, other costs and other benefits related to charges under the same conditions and to the same extent as the nationals of the other Contracting Party. The same applies to the provision of free legal counsel. Article 22 (1) the Benefits under the provisions of Article 21 of this Treaty shall be provided on the basis of a statement of personal and financial circumstances of the applicant. This certificate issued by the competent authority of the Contracting Party in whose territory the claimant resides or temporary residence. (2) If the applicant does not have a residence or temporary residence in the territory of either Contracting Party may issue a certificate as well as the diplomatic mission or consular job post of the Contracting Party of which he is a citizen. (3) The judicial body which decides on requests for benefits from the authority that issued the certificate, request additional data or necessary clarifications. Article 23 If the competent judicial authority granted benefits referred to it in Article 21 of this Treaty, the citizens of the other Contracting Party shall apply to the entire proceedings and also that enforcement proceedings. Article 24 (1) If a citizen of one of the parties submits an application for granting the benefits specified in Article 21 of this Agreement before the judicial authority of the other Contracting Party may do so also by the judicial authority of a Contracting Party in the place of residence or temporary residence. This authority shall forward the request along with a certificate issued in accordance with Article 22 of the Treaty of the judicial authority of the other Contracting Party. (2) An application may be filed together with the application instituting proceedings. PART II Recognition and enforcement Article 25 the Contracting Parties shall be recognized and enforced indicates that on its territory following a decision issued on the territory of the other Party: and) the decision of the judicial authorities in civil matters, as well as the approved settlements in these matters; (b)) the decision of the judicial authorities in criminal matters, relating it compensation and other civil rights; (c)) the referees decisions of the authorities, as well as settlements II before them. Article 26 (1) of Decision referred to it in Article 25 of this Treaty shall be recognized and enforced indicates that under conditions that: (a)) the decision became final and enforceable under the law of the Contracting Party in whose territory it was issued; (b)) does not preclude the recognition and enforcement of exclusive competence of the authorities of the Contracting Party in whose territory recognition and enforcement is sought; (c)) the party against whom the judgment was given and that management did not participate, according to the law of the Contracting Party in whose territory the judgment was delivered, the timely and duly summoned it to attend the proceedings and if the procedural incompetence was duly represented; (d)) the judgment does not conflict with a decision coming into legal force, issued earlier between the same parties in the same case and the judicial authority of the Contracting Party in whose territory the decision is to be recognized or enforced indicates that; (e)) before the authority of the requested Party does not take place between the same parties on the same subject, which was launched as the first; (f)), the decision of the judicial authority of a third country, which was released on the same matter between the same parties, has not been recognized or enforced indicates that in the territory of the requested Party; (g)) The Contracting Party in whose territory recognition or enforcement is sought, it considers that the recognition or enforcement would not jeopardize its sovereignty or security or be contrary to its public policy. (2) the Provisionally enforceable decisions and provisional measures in the requested State recognized and enforced indicates that, although subject to ordinary remedies if similar decisions may be issued in that State and enforced indicates that. Article 27 The decision of arbitration bodies will be recognized and enforced indicates that under the terms of Article 26 of this Treaty if: and) the decision is based on a written agreement on the jurisdiction of the arbitral body and released the arbitration agreement specified points within the limits of its authority established by agreement (b)) an agreement conferring jurisdiction arbitral authority is valid under the laws of the participants selected and if no rule of law chosen by the parties It's the law of the Contracting Party in whose territory the decision is to be recognized or enforced indicates that. Article 28 on the recognition and enforcement of a decision decided by the judicial authority of the Contracting Party in whose territory the decision is to be recognized or enforced indicates that. Article 29 (1) An application for recognition or enforcement may be made directly to the competent judicial authority of the Contracting Party in whose territory the decision recognized or enforced indicates that, or judicial authority, which in the case He decided as a body of first instance; in this case, the proposal forwarded the judicial authority of the other Contracting Party in the manner specified in Article 4 of this Treaty. (2) The application shall be accompanied by: a) and judicial decision or a certified copy of the decision confirming the legal force and enforceability, if these factors do not arise from the actual wording of the decision; (b) proof that the party) against whom the judgment was given and that management did not attend, was under the law of the Contracting Party in whose territory the decision has been duly and timely summoned it to attend the proceedings and if the procedural incompetence was duly represented if it does not follow from a separate version of the decision; (c)) and a certified translation of the application and the documents listed under and) and (b)) of this paragraph into the language of the requested Party or in the English language. Article 30 (1) The judicial authority which decides on the application for recognition or enforcement, examines whether the conditions laid down in Articles 26 and 27 thereof. (2) Unless this agreement for another procedure, the judicial authority of the Contracting Party in whose territory the decision recognized or enforced indicates that shall proceed under the law of your state. Article 31 of The judicial authority of the Contracting Party in whose territory the costs become backed up, ask the competent judicial authority of the other contracting party to recover costs and fees. The judicial authority of the amount collected to surrender the diplomatic mission or consular job post of the requesting Party. PART III of the Criminal cases TITLE 1 Article 32 Assumption "of prosecution (1) Each Party undertakes, upon the request of the other party starts its legal system would be prosecutions against its citizen, who, in the territory of the other Party committed the offense. (2) The request for prosecution shall be accompanied papers relating to the case, all the evidence available, information about the damage, if it was caused by a criminal act judicially and text penalties provisions applicable to offenses under the law of the place of committing; in the event that these attachments are not sufficient, at the request of the Contracting Party, which initiated the prosecution submitted additional data. (3) the Claims of the victims compensation raised before passing it to prosecution by the judicial authorities of the requesting Party will be discussed in the management of the territory of the requested Party. (4) The Contracting Party which initiated the prosecution shall promptly notify the other Party in the outcome of criminal proceedings. If a judgment becomes final, it will send a copy of the request. Chapter 2 Article 33 Publication Duty this issue (1) The Parties agree that under the conditions established in this contract this issue and request for the conduct of criminal proceedings or to imprisonment persons who reside in their territory. (2) Issue for the conduct of criminal proceedings is permitted only for offenses for which it may be imposed under the laws of both Contracting Parties that imprisonment for a term exceeding one year. (3) Issue, and the prison is only permissible for the offense under the law of both Contracting Parties for which the requested person was sentenced that imprisonment for at least one year or a more severe punishment. (4) Subject to the provisions of Article 34 of a point. and (c))), and can not refuse extradition of persons who have committed illegal acts of the civil aviation safety within the meaning of the Convention for the Suppression of Unlawful Seizure of Aircraft, signed Dec. 16, 1970 in The Hague Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal in 1971 the 23rd September, as well as persons who have committed illegal acts within the meaning of the provisions of other international conventions against terrorism , are parties, or will the Czechoslovak Socialist Republic and the Democratic Republic of Afghanistan. Article 34 this New issue Issue is inadmissible if: and) the person claimed is a citizen of the requested Party; (b)) The offense was committed on the territory of the Contracting Party; (c)) under the law of the requested Party in criminal proceedings can be instituted or the sentence can not be executed because of the statute of limitations or for other legal reasons; (d)) would be contrary to the laws of one of the parties; (e)) against a person whose extradition is sought was for the same offense in the territory of the requested Party the verdict, which came into power, the legal or criminal proceedings were discontinued by a decision which came into legal force; (f)) under the law of one of the parties to the criminal proceedings initiated at the request of the victim. Article 35 The extradition request for (1) The request for extradition must contain the name and surname of the person whose extradition is requested, the date and place of birth, their citizenship, the details of her stay, details of the committed crime and damage, if it was legally punishable offense caused. (2) A request for extradition for criminal prosecution is accompanied by a certified copy of the arrest warrant or other document having the same force, and the description of the offense and the text of the legislation relating to the offense committed by the person required. If it was committed an offense against property, announces also the amount of damage that was or could have been caused by the offense. (3) A request for extradition that serve his sentence be accompanied by a certified copy of the judgment, which became final, as well as the wording of the legislation applicable to the act committed. If convicted, served part of the sentence, shall be notified, what part he did. (4) The requesting party is not required to accompany the application for the issuance of evidence of the guilt of the person required. Article 36 arrest for extradition purposes If the request for extradition is sufficiently justified under this Convention, the requested Party shall take urgent action under its legal system that the arrest of the person whose extradition is sought. Article 37 Completion of the request for extradition (1) If the request for extradition does not contain all the necessary information requested Party may request additional information and may specify the time within two months of their submission. This period may be serious reasons at the request of the extended. (2) If the requesting party does not send the requested additional information within the prescribed time limit, the requested Party shall release the arrested person. Article 38 (1) the Provisional arrest Arrest may also be conducted prior to the receipt of a request for extradition if the requesting Party expressly requests it and announces that against the person of the arrest warrant or other document having the same force or judgment under which it will apply on the issue. The request for provisional arrest may be given by mail or telegram. (2) The competent authorities of the Contracting Parties may, without such a request to arrest the person staying in their territory, which, according to their information, has committed an act for which extradition is possible under this contract. (3) The other party must be notified of the arrest by the "preceding paragraphs immediately notified. Article 39 of the Release of the provisional arrest of the person (1) A person arrested under Article 38 par. 1 of this Treaty may be released if the extradition request is not within one month after notification of the provisional arrest of the requesting Party. (2) A person arrested under Article 38 par. 2 of this agreement will be released if the request for extradition or provisional arrest in accordance with Article 38 par. 1 not later than fifteen days after notification of the arrest of the requesting Party. Article 40 of the Postponement of extradition If the person whose extradition is requested is prosecuted, exercises or is to execute the sentence for another offense in the territory of the requested Party may release postponed to the end of the prosecution or the completion of the sentence or dropping into punishment or remission of sentence. Article 41 Temporary release (1) If postponement of extradition under Article 40 of this Treaty may be the cause of limitation on prosecution for criminal or serious difficulties in the investigation of the crime committed, it may be required by the person requesting Party issued and temporary basis. (2) a person extradited temporarily must be returned immediately after the procedural acts for which it was issued no later than three months from the date of temporary release. Article 42 Several requests for extradition If extradition of the same person asking several states requested the Party decides that request. Especially when you take into account that the state required the citizenship of the person, the nature of the offense and the place of its commission, as well as the order of receipt of each application. Article 43 limits the prosecution issued by the entities (1) Without the consent of the requested Party shall be issued no person is prosecuted or on the judgment can not be enforced indicates that for another offense, committed prior to the issue, for which a permit has been issued. (2) Without the consent of the requested Party shall not be extradited person extradited and that third country. (3) The consent of the requested Party is not required if: the extradited person) does not leave within one month after the criminal prosecution or imprisonment territory of the requesting Party; This period shall not include the time during which the extradited person was unable to leave the territory of the requesting Party independently of his will; (b)) the extradited person has left the territory of the requesting Party and again to that territory voluntarily returned. Article 44 Handing over of the requested person requested Party shall notify the requesting Party of the place and time of delivery. If not taken by the requesting Party issued and the person within seven days from the day that the person may be released. At the request of either Contracting Party, this period may be extended by up to an additional seven days. Article 45 Re-release refrain if extradited person prosecuted or sentenced, and return is made to the territory of the requested Party shall, at the request of the new released without submission of the documents referred to in Article 35 of this this Treaty. Article 46 Communication of the results of the criminal proceedings requesting Party shall notify the requested Contracting Party of the outcome of the criminal proceedings issued against the person. If it was against this person re-sends the sentencing request, after coming into force, the description thereof. Article 47 Transit (1) Each Party shall, at the request of the other party the transit through its territory of a person who has been issued and the third State Party requesting transit. The request to permit transit may be refused on the grounds referred to in that Article 34 thereof. (2) An application for transit operations shall be submitted and discussed, and the request for extradition. (3) The authorities of the requested Party shall carry out the transit way they consider the most appropriate. Article 48 The cost issue and transit costs associated with the issuance borne by the party in whose territory they were created, with the exception of transport costs to be borne by the requesting party. Transit costs borne by the requesting party. Article 49 the Issue of things (1) The Requesting Party shall be issued the things that have been used to commit legally to the offense for which extradition under this agreement possible, as well as things that the perpetrator of such a crime obtained or, if these things loaded their consideration or things that may serve as evidence; these things shall be issued even if the extradition is not. (2) The Contracting Party may temporarily postpone the delivery of desired things, if they are needed in a criminal proceeding. (3) The rights of third parties issued this things remain unaffected. After criminal proceedings, the requesting party will return these things requested Party, to be handed over to the beneficiaries. In justified cases and with the consent of the Contracting Parties may be things handed to the beneficiaries directly. CHAPTER 3 Special provisions on legal assistance in criminal matters Article 50 Notification of conviction (1) The Contracting Parties shall report to each other on criminal convictions, which the courts of a Contracting Party brought upon the citizens of the other Party, which came into legal force. (2) Upon a reasoned request, the Contracting Parties shall notify the convictions of persons who are not citizens of the requesting Party. (3) The Parties to the request sent fingerprints of persons referred to it in paragraphs 1 and 2 of this Article, if possible. Article 51 Extracts from criminal records authority of one Contracting Party shall send to the judicial authorities of the other Contracting Party at their request criminal record. PART IV FINAL PROVISIONS Article 52 (1) of This Treaty shall be ratified. The exchange of the instruments of ratification will be carried out in Kabul. (2) This Agreement shall enter into force on the thirtieth day after the exchange of instruments of ratification. Article 53 This Agreement is for an unlimited period II. Each party may terminate the contract by written notification through diplomatic channels. The contract will expire six months from the date of receipt of the notice. In WITNESS WHEREOF the plenipotentiaries of both parties have signed this Agreement and thereto affixed their seals. Done in Prague on 24 June 1981, in two originals, each in the Czech language, Dari and English; in the case of divergence of interpretation, the decisive wording in the English language. For the Czechoslovak Socialist Republic: Ing. Buhuslav Chňoupek CoR Afghan democratic republic: Shah Muhammad Enough vr