16/1974 Coll.
DECREE
Minister of Foreign Affairs
of 27 June. December 1973
the Convention for the Suppression of unlawful acts against the safety of
Civil Aviation
Change: 138/2002 Coll.
On 23 December 2005. September 1971 was negotiated in Montreal Convention for the Suppression
unlawful acts against the safety of civil aviation. Convention
on behalf of the Czechoslovak Socialist Republic signed on 23.
September 1971, subject to its article 14, paragraph 1.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the president of the Republic ratified it, subject to the
to article 14, paragraph 1. The ratification instrument was deposited from Czechoslovakia
day 10. August 1973 by the Governments of the Union of Soviet Socialist Republics,
Of Great Britain and Northern Ireland and United States of America.
On the basis of article 15 of the Convention entered into force on 26 February 2000. January
1973 and for the Czechoslovak Socialist Republic on 9 July 2005. September 1973.
Czech translation of the Convention shall be published at the same time.
First Deputy Minister of:
V.r. Krajčír
CONVENTION
for the Suppression of unlawful acts against the safety of civil
Aviation
States that are parties to this Convention,
Mindful that unlawful acts against the safety of civil
Aviation jeopardize the safety of persons and property, have serious consequences for
the operation of air services, and undermine the confidence of the peoples of the world in the safety of
civil air transport,
Mindful that the occurrence of such acts leads to serious concern,
Mindful that for the purpose of preventing such acts, there is an urgent
need to ensure appropriate measures to punish the perpetrators,
They agreed on the following:
Article 1
1. The offence is committed by a person who unlawfully and intentionally:
and he commits a violent act) against a person on board an aircraft in flight, if the
This may endanger the safety of that aircraft; or
(b) destroys an aircraft in service) or causes damage to such an aircraft
make him incapable of flight, or to compromise its security for
the flight; or
(c)) places or placed on an aircraft in service, by any means,
device or object that can destroy this plane or cause to
the damage, which will make them incapable of flight, or to cause damage on it,
which may endanger its safety in flight; or
d) destroys or damages air traffic control device or
interferes with their operation, if any such act may compromise
the safety of aircraft in flight; or
e) shall notify the information about which he knows that is not true, thereby endangering
the safety of aircraft in flight.
1 bis. The offence is committed by a person who, when you use any
the device, substance or weapon unlawfully and intentionally:
and) commits a violent act against a person located at the airport serving
international civil aviation which causes or may cause
serious personal injury or death; or
(b) destroys or seriously damages the) equipment and buildings serving the airport
International Civil Aviation or aircraft out of operation located
or it will disrupt the operation of the airport, when such action would threaten or
can endanger safety at that airport.
2. any person also commits an offence if:
a) attempts to commit any of the offences referred to in paragraph 1. 1 or
in paragraph 1(b). 1 bis of this article,
(b)) is spolčena with a person who commits or attempts to commit any of the
such a crime.
Article 2
For the purposes of this Convention, shall be considered as:
and) aircraft in flight at any time from the moment when all its
the outer door is after loading and boarding passengers closed until
the moment when any such door is opened for
unloading and performance; in the case of an emergency landing is considered to be years behind
until the time when the competent authorities take over the responsibility for
the aircraft and for persons and property on board;
(b) for aircraft in flight) operating at the time from the beginning of the pre-flight preparation
the aircraft carried out by ground personnel or by the crew for a specific flight until
within 24 hours after any landing; aircraft time in service in each
the case involves the entire period during which the aircraft is in flight, as
provided for in paragraph a) of this article.
Article 3
Each Contracting State undertakes to provide for the criminal offences referred to in article 1
lays down severe penalties.
Article 4
1. this Convention shall not apply to aircraft used for military purposes,
Customs or police.
2. in the cases envisaged under (b). a), b), c) and (e)). 1 article 1
This Convention shall apply regardless of whether the plane carried out international or
the domestic flight, only if:
and instead of a take-off or landing) aircraft, whether actual or intended, with
located outside the territory of the State of registration of the aircraft,
(b)) the offence has been committed on the territory of a State other than the State of registration
the aircraft.
3. Notwithstanding the provisions of paragraph 1. 2 of this article in cases considered under the
(a). a), b), c) and (e)). 1 article 1 this Convention applies if
the offender or the alleged offender is caught on the territory of a State other than the
State of registration of the aircraft.
4. In relation to the States referred to in article 9, and in the cases referred to under
(a). a), b), c) and (e)). 1 of article 1, this Convention shall not apply if
the places referred to in (b). and) para. 2 of this article are located in the territory of
of the same State where that State is one of the States referred to in article 9,
If the offence was not committed or the offender or the alleged offender
comment on the territory of a State other than this State.
5. in the cases envisaged under (b). (d)). 1 of article 1, this Convention
applies only if the device used air traffic control
are used in international air traffic.
6. the provisions of paragraph 1. 2, 3, 4 and 5 of this article shall also apply in cases
envisaged in the paragraph. 2 of article 1.
Article 5
1. Each State party shall take the necessary measures for the exercise of its powers
over the offences in the following cases:
a) when the offence has been committed on the territory of that State,
(b)) when the offence is committed against or on board an aircraft
registered in this State,
(c)) when the aircraft on board which the crime was committed, lands on
its territory with the alleged offender still on board,
(d)) when the offence is committed against or on board an aircraft
the leased without crew to the lessee that has in this State, the main place
the business running, and if the lessee has no such place of business,
If your permanent residence.
2. Each State party shall take the necessary measures to apply, mutatis mutandis, to its
jurisdiction over the offences referred to in article 1 (1). 1 (b). a), (b))
and (c)) and in article 1 (1). 2, if this paragraph applies to the following
in the case of offences when the alleged offender is on its territory, and
This State does not extradite him pursuant to article 8 to any of the States referred to in
paragraph. 1 of this article.
2 bis. Each Contracting State shall take such measures at the same time, which can
be inevitable for the exercise of its jurisdiction over offences,
referred to in article 1, paragraph 1 bis and article 1 paragraph 2 in such a
the extent to which this paragraph applies to these offences, in
case, when the alleged offender is situated in its territory and the State of
issued pursuant to article 8 of the State referred to in paragraph 1 of this article.)
3. this Convention shall not exclude the criminal jurisdiction exercised in accordance with the
the national law.
Article 6
1. If any Contracting State in whose territory the offender or alleged
the perpetrator is sufficiently convinced that the circumstances
justify, takes him into custody or take other measures to ensure the
his presence. Binding and other measures shall be governed by the laws of the
the State, however, can last only as long as is necessary for the initiation of the
criminal or vydávacího control.
2. such State shall carry out an immediate preliminary fact finding.
3. Any person in custody pursuant to paragraph 1 of this article,
will be allowed to immediately teamed up with the nearest competent
the representative of the State of which he is a national.
4. When taking the State in accordance with this article the person into custody, it shall inform the
immediately States referred to in article 5 (3). 1 State of which such person is
national-and if it considers it appropriate-any other
interested States of the fact that such person is in custody and of
the circumstances justifying its custody. State that performs
the preliminary investigations referred to in paragraph 2 of this article, they shall forthwith communicate
its findings to the said States and shall indicate whether it intends to exercise jurisdiction.
Article 7
Contracting State in whose territory the alleged offender is found, you will be liable,
If it does not extradite him, without any exception, and whether the crime was committed on the
its territory, or not, to submit the case to the competent authorities for the purpose of
a criminal prosecution. These authorities shall decide in the same way as in the
the case of any other serious offence under the law of that
State.
Article 8
1. The offences shall be deemed to be included in every contract of
the issue, which exists between Contracting States, as criminal offences
subject to release. The Contracting States undertake to include the offences
as criminal offences subject to release to any extradition treaty, which
among them will be closed.
2. If a Contracting State which binds to the existence of a contract release, the
asked by another Contracting State with which it has no extradition treaty, the
extradition, it may consider this Convention to be considered for legal
basis for issue of the offences. Extradition shall be subject to
other conditions laid down by the laws of the State, which has been on the issue of
asked.
3. States parties which do not weigh the extradition on the existence of a contract,
shall recognise offences between themselves for crimes subject to extradition under
the conditions laid down by the law of the State which has been asked about the issue.
4. for the purposes of issue between the Contracting States, each of the offences
considered as if it had been committed not only in the place where it occurred, but
also in the territories of States, to exercise their powers in accordance with the
Article 5 (3). 1 (b). b), c) and (d)).
Article 9
The Contracting States which establish joint air operation organization
transport or international operating agency operating the aircraft, which
are subject to joint or international registration shall designate among themselves a suitable
way for each aircraft the State which will exercise jurisdiction and will be
for the purpose of this Convention, the State of registration and shall inform the International
Civil Aviation Organization which shall communicate this information to all
States which are party to this Convention.
Article 10
1. A State party shall endeavour, in accordance with international and national
the law, take all feasible measures in order to
prevent the offences referred to in article 1.
2. If as a result of committing any of the offences referred to in
paragraph. 1 there has been a postponement or interruption of the flight, each Contracting State shall, in
which the aircraft or its passengers or crew are located, will allow
continuation of the journey passengers and crew as soon as possible, as it will
practicable, and shall without delay return the aircraft and its cargo to the persons
that are entitled to ownership.
Article 11
1. the Contracting States shall provide each other with the greatest assistance in
connection with criminal proceedings brought in the case of criminal offences. The right to
State to whom the request was sent, will apply in all cases.
2. The provisions of paragraph 1 of this article shall not affect the obligations of the
any other treaty, bilateral or multilateral, which governs the
or will be subject in whole or in part, mutual assistance in criminal matters.
Article 12
Any Contracting State which rightly believes that one of the
the offences referred to in paragraph 1. 1 will be committed shall, in accordance with its
the national law of the relevant information available to it, to those States,
It considers the States referred to in article 5 (3). 1.
Article 13
Each Contracting Party shall, in accordance with their national law to the Council
The International Civil Aviation Organization as soon as possible of any
information important to the case, which has available:
and about the circumstances of the offence),
(b)) on steps taken pursuant to article 10, paragraph 1. 2,
(c)) on steps taken against the offender or the alleged offender and the
especially on the results of each control or other legal vydávacího
control.
Article 14
1. any dispute between two or more Contracting States relating to the
the interpretation or application of this Convention which cannot be resolved
negotiation, at the request of one of them referred to the arbitration
control. If, within six months from the date of the request for arbitration, the parties
are unable to agree on the Organization of the arbitration, either from the
These parties to pass the dispute to International Court of Justice in accordance with the
the Statute of the International Court of Justice.
2. Any State may, when signing, ratifying or acceding to this Convention, or
access to it, declare that it shall not be considered to be bound by the previous
paragraph. The other Contracting States shall not be bound by the preceding paragraph in the
respect of any Contracting State that has made such a reservation.
3. any Contracting State which makes a reservation under the preceding
paragraph, may at any time withdraw such reservation by inform
Government depository.
Article 15
1. this Convention shall be open for signature in Montreal on 23. September 1971
States which will participate in the International Conference on air law, which
held in Montreal, from 8. to 23. September 1971 (Montreal
the Conference). After 10. October 1971, the Convention is open for signature by all
States in Moscow, London and Washington. Any State which
does not sign the Convention before its entry into force in accordance with paragraph 3
of this article may accede to it at any time.
2. this Convention shall be subject to the ratification of the signatárních States. Instrument of ratification
documents and instruments of accession shall be deposited with the Governments of the Union of Soviet
Socialist Republics, the United Kingdom of Great Britain and
Northern Ireland and the United States of America, which are hereby determine the
depozitárními Governments.
3. this Convention shall enter into force thirty days after the date of deposit of
ratification of ten signatárních of this Convention States that
took part in the Montreal Conference.
4. For other States this Convention shall enter into force on the date of entry of this
The Convention enters into force in accordance with paragraph 3 of this article, or thirty days after
the date of the deposit of their instruments of ratification or of instruments of accession by the
It is the later.
5. the Depository Governments will immediately inform all signatární and
acceding States of the date of each signature, the date of deposit of each
instruments of ratification or of instruments of accession, the date of entry of this Convention in
entry into force and other notices.
6. as soon as this Convention enters into force, will be registered
depozitárními Governments in accordance with article 102 of the Charter of the United Nations and in accordance with the
Article 83 of the Convention on International Civil Aviation (Chicago, 1944).
Article 16
1. any Contracting State may denounce this Convention by written
notification depozitárním to the Governments.
2. termination shall take effect six months after the date on which
Government depository receives a notification.
In witness whereof, the undersigned, assignees, duly authorised to do so by their
Governments, have signed this Convention.
Done at Montreal, 23rd September, nineteen hundred and seventy-
one, in three original copies, each of which shall be drawn up in four
authentic texts in the English, French, Russian and
Spanish.
