93/1989 Coll. DECREE Minister of Foreign Affairs of 16 June 1989 on the Treaty between the Czechoslovak Socialist Republic and the DPRK on mutual legal assistance in civil, family and criminal cases on 11 September 1988 in Pyongyang signed the Treaty between the Czechoslovak Socialist Republic and the DPRK Republic on mutual legal assistance in civil, family and criminal cases. With the Treaty expressed consent of the Federal Assembly of the Czechoslovak Socialist Republic and the President of the Czechoslovak Socialist Republic ratified it. Instruments of ratification were exchanged in Prague on 16 May 1989. The Treaty entered into force by virtue of Article 49 on 16 June 1989. The Czech version of the Treaty shall be open simultaneously. Minister: JUDr. Mr Cor AGREEMENT between the Czechoslovak Socialist Republic and the DPRK on mutual legal assistance in civil, family and criminal Czechoslovak Socialist Republic and the Democratic People's Republic, desiring that further deepen and develop the relations of friendship that exist between the two countries and cooperation in civil, family and criminal cases, agree as follows: SECTION I GENERAL PROVISIONS Article 1 Legal Protection (1) the Citizens of either Contracting Party shall enjoy in the territory of the other Contracting Party the the same legal protection of their personal and property rights as its own citizens. (2) the Citizens of either Contracting Party shall have the right to address the institutions active in labor, civil, family and criminal cases, may appear before them, to make proposals, requests and complaints under the same conditions as the nationals of the other Party. (3) The provisions of this Treaty shall apply to legal persons. Article 2. Legal aid Parties shall provide each other with legal assistance through the courts, the prosecutor's office and state notary offices, which have jurisdiction in civil, labor, family and criminal cases. These bodies will meet each other through the central authorities. The central authorities by the Czechoslovak Socialist Republic of Czechoslovakia Prosecutor General's Office, the Ministry of Justice and the Ministry of Justice, SSR and from Czechoslovakia the DPRK Central Court of the DPRK and the DPRK Central Prosecutor's Office. Article 3. Legal aid Parties shall provide each other with legal assistance by performing various procedural acts. Article 4 of the Form and content of the request (1) Letters rogatory for legal assistance must contain the following elements: 1. identification of the applicant authority; In our second of the requested authority; 3. the names of things, in which it called for legal assistance; 4. the name and surname of the parties, the accused, indicted, convicted and damaged, their place of residence or temporary residence, citizenship and occupation, as appropriate, the place and date of birth, name and surname of their parents; 5. In the case of legal persons their name and seat; 6. The Name, surname and address representatives of the people; 7. the subject matter of the request and other data necessary for its execution and in criminal cases also marking the merits of the offense, including the amount of damages. (2) the Letters rogatory must bear the signature and official stamp of the applicant authority. Article 5. The method of settlement (1) Letters rogatory for legal aid handled by the requested authority under the law of your state. At the request of the applicant authority, however, uses the laws of the State of the requesting authority, unless they conflict with the law. (2) Unless the requested authority for handling requests appropriate, refer them to the competent authority. (3) If it is not possible to execute the request, inform the requested authority requesting authority with reasons and return the documents simultaneously. (4) If the exact address of the person mentioned in the request, the requested authority known under the law of its State shall take the necessary measures for its findings. (5) After the execution of the request to send the requested authority settled documents requesting authority. Article 6. Delivery of the documents requested authority shall deliver documents are valid in the country where they are made in accordance with Article 13 of this Treaty. If the documents are drawn up in accordance with Article 13 of this Treaty it may be handed to the addressee, if it is willing to accept. Article 7 of the Proof of delivery of documents Proof of delivery documents shall be made in accordance with the regulations in force in the State. The acknowledgment must be the signature of the bearer and address, the date and place of delivery. Article 8 Recognition and certification (1) of the Charter, their transcripts and copies of which were in the territory of one Party or certified by official bodies or persons within their jurisdiction in the territory of the other Party accepted without verification if they are stamped official stamp and signature. (2) A document which has been prepared on the territory of one Party, are also on the territory of the other Party the probative force of public documents. Article 9. Protection of witnesses and experts (1) A witness or expert who is a citizen of the other Contracting Party and that the summons received by the requested authority came to the authority of the requesting Party may not be prosecuted or remanded in custody in connection with the criminal case, which is the subject of proceedings or for another crime committed by before crossing the state border of the requested Party. (2) The witness or expert shall cease aforementioned protection, if not leave the territory of the requesting Party within two weeks after that, when he shall inform the requesting judicial authority that his presence was no longer needed. This period does not include the period during which the person is unable to leave the territory of the requesting Party without any fault of his own. (3) Persons summoned by a judicial authority having the authority of the requesting Party's reimbursement of entitled travel expenses, expenses related to the stay, loss of earnings and expert also pay expert fees. The requesting Party shall, at the request of a witness or expert gives adequate backup. Article 10. The costs associated with the provision of legal assistance requested Party shall bear the costs associated with the provision of legal aid, which originated in its territory. Article 11 Information The Parties, through the authorities referred to it in Article 2 of this contract, on request, provide information about the legal system and judicial practice that apply or apply in their country. Article 12 Information on judgments Contracting Party shall report annually to the other Party on final judgments handed down its judgments in the past year against the citizens of the other Party. Article 13 of the Language Charter, which are delivered to the other Party in connection with the performance of this contract shall be in the language of the requesting Party and must be accompanied by a translation in the Russian language. SECTION II Special provisions TITLE legal assistance in civil and family matters, Exemption from costs of Article 14 (1) Citizens of one Contracting Party who submit a proposal at the court of the other Party, it is not possible to impose security and he and costs if one of the parties domiciled. (2) A citizen of one Contracting Party in the territory of the other Contracting Party exempt from costs under the same conditions and to the same extent as its own citizens. (3) Exemption from costs covers the entire proceedings, including enforcement proceedings. (4) the Exemption from costs and notary fees, which was a party to the court proceedings in the case would be recognized and the legislation of one Contracting Party shall also apply to proceedings that will be in this case is currently before the courts of the other Party. Article 15 (1) the Certificate of personal and financial circumstances required for exemption from costs and notary fees issued by the competent authority of the Contracting Party in whose territory the claimant resides. In other cases, the issuing diplomatic mission or consular job missions of the Contracting Party of which he is a national. (2) The court, which decides on requests for exemption from costs and notary fees, may request the authority that issued the certificate, for additional information. Article 16 (1) and the citizen of one Contracting Party, which intends to ask the court of the other Party exemption, may submit such a request in writing or orally in a protocol to the competent court. (2) The court shall send the manner prescribed in Article 2 of this Agreement Protocol with a certificate issued in accordance with Article 15 thereof, as well as the other documents submitted by the applicant to the competent court of the other Party. (3) The application for exemption from costs may be submitted also other applications related to the exemption from backup. Article 17 "Transmission of documents Each Contracting Party shall, at the request of the other Party of the proof registration of persons, education and length of employment, the personal and family status, salary and property status and other documents necessary for the exercise of the rights and interests of the other party in proceedings before a judicial authority. Article 18 Eligibility for legal capacity (1) Eligibility of natural persons or legal capacity shall be governed by the law of the Contracting Party of which he is a citizen. (2) Eligibility for legal persons or legal capacity shall be governed by the law of the Contracting Party by which it was established. Article 19 of The declaration of death for the declaration of a person dead and management of proof of death applies the law of the Contracting Party of which the person was a citizen at the time when it was alive, according to recent data. Jurisdiction is given to the authorities of the Contracting Parties. Article 20 of the Marriage and Marriage governed by the laws of the Contracting Parties, which are the persons intending it to marry citizens. The form of marriage is governed by the law of the Contracting Party in whose territory the marriage. Article 21 of Divorce, annulment of marriage and personal and property relationships of spouses (1) Divorce, annulment of marriage and personal and property relations of spouses if they have the same nationality shall be governed by the law of the Contracting Party of which the spouses are citizens. The management is given the power to the court of the Contracting Party of which the spouses are citizens at the time of submission. (2) Unless the spouses of the same nationality, then the law of the Contracting Party in whose territory the spouses were last residence, and if you did not have a common residence, used the court before which the proceedings, its legal system. The management is to empower the court of the Contracting Party in whose territory the snake spouses their last joint residence, and if not, the power of the court of the Contracting Party before which was the earlier proceedings. Article 22 of the Legal relations between parents and children (1), Fatherhood and other legal relations between parents and children are governed by the law of the Contracting Party whose citizen is a child. (2) The management of legal relations, referred to it in paragraph 1 of this Article, the court is given the power of the Contracting Party whose citizen is a child. (3) Where a child at the time the citizenship of both Parties shall apply the rule of law and the court is given the power of the Contracting Party in whose territory the child was born. Article 23 (1) the Adoption is governed by the law of the Contracting Party whose citizen is a person submitting a proposal for adoption. (2) Unless the spouses of the same nationality, the adoption must be in accordance with the laws of both Contracting Parties. (3) If the child is a citizen of one Contracting Party and adoptive citizen of the other Contracting Party, that acquire the necessary consent of the child or his legal representative or an appropriate body, when required by the law of the Contracting Party whose citizen is a child. (4) The proceedings in matters of adoption is given the power authorities of the Contracting Party of which the adopter is a citizen at the time of submission. In the case referred to it in paragraph 2 of this Article is given the power authorities of the Contracting Party in whose territory the spouses were last resident. (5) The provisions of paragraphs 1, 2, 3, and 4 of this Article shall apply to the revocation of adoption. Article 24 of the Guardianship and trusteeship (1) The establishment or abolition of guardianship and custody is governed by the law of the Contracting Party whose citizen is a ward or under guardianship. (2) The legal relationship between and the legal guardian and the person whom it was established guardianship or custody is governed by the law of the Contracting Party whose authority has set up a legal guardian. (3) The obligation it accept guardianship or custody is governed by the law of the Contracting Party whose citizen is a person who has become a legal guardian. (4) To establish or cancel the guardianship and custody is given the power authority of the Contracting Party whose citizen is a ward or under guardianship. Article 25 Inheritance matters (1), and the citizen of one Contracting Party may inherit property on the territory of the other Contracting Party by law or under a will, and the will to establish or abolish the same conditions and with the same rights as a citizen of the other Contracting Party. (2) the Law of Succession that movable property is governed by the law of the Contracting Party of which the deceased was a citizen at the time of death. The right of inheritance to real estate is governed by the law of the Contracting Party in whose territory the property is located. Determining the case of movable or immovable assets, the governed by the law of the Contracting Party in whose territory the property is located. (3) This consider movable heritage is given the power authority of the Contracting Party of which the deceased was a citizen at the time of death, and it discuss immovable heritage authority of the Contracting Party in whose territory the heritage is located. (4) The form of the will, the capacity to make or revoke a will, and the legal effects of defects in the expression of will is governed by the law of the Contracting Party of which the deceased was a citizen at the time of the expression of will. The form of the will and its abolition, however, may the Government laws of the Contracting Party in whose territory the will was created. (5) If the heirs under the law of the Contracting Party, which governs the succession passes movable property the party whose citizen the deceased was at the time of death, and property to the State Party in whose territory it is located. Recognition and enforcement Article 26, Each Party recognizes and performs under the contract decision, issued on the territory of the other Contracting Party in civil, labor and family, as well as damages in criminal cases. Article 27 The decisions referred to it in Article 26 shall be recognized and enforced indicates that the provided that: 1. The decision by the law of the Contracting Party in whose territory it was issued, and the final and enforceable; 2nd ed decision did not prevent the exclusive competence of the Contracting Party in whose territory the decision is to be recognized or enforced indicates that, and if the determining authority has not applied the rule of law in conflict with this Agreement; 3. The participant who did not attend the proceedings, was in accordance with this Agreement, duly and timely summoned and if Process was duly represented incompetence; The fourth has not issued a decision in the dispute between the same parties and did not come into legal force on the territory of the Contracting Party where it should be recognized and enforced indicates that. Article 28 (1) An application for enforcement is lodged with the competent court of the Contracting Party in whose territory judgment should be enforced indicates that, or through the court which decided the case in the first instance, this proposal will be submitted to the competent court of the other Party specified manner, Article 2 of this contract. (2) The application shall be attached: 1. a decision or a certified copy thereof, together with proof of legal force and enforceability, if not already apparent from the decision; 2. Confirmation that the party against whom the decision was taken and who did not attend the proceedings, was in accordance with this Agreement, duly and timely summoned, and if it was procedurally incapable, was duly represented. Article 29 (1) The court of the Contracting Party in whose territory the judgment should be enforced indicates that, enforcement is carried out by its legal system. The court is yet confined to determine if the prerequisites set out in Article 27 of this Treaty. (2) The debtor may raise against the addressees of enforcement which are permitted under the law of the Contracting Party whose court decides about the performance. Article 30 Final decisions regarding costs on the proposal practicing on the territory of the other Party without charge. Article 31 The cost of enforcement is determined by the law of the Contracting Party in whose territory judgment should be enforced indicates that. Article 32 The decisions referred to it in Article 26 of this Treaty shall be recognized and enforced indicates that if they are final and enforceable after the entry into force of this Treaty. TITLE II of Legal Assistance in Criminal Matters Article 33. The obligation it release (1) The Contracting Parties undertake, under the terms of this Agreement at the request of another issue for criminal prosecution or execution of punishment persons who are on their territory. (2) Issue for prosecution shall be performed only for those offenses which may be under the legal systems of both Parties punishable by imprisonment for more than one year. (3) Issue that imprisonment shall be subject to the offenses referred to it in paragraph 2 of this Article, if required by a person's imprisonment sentenced for more than one year or a more severe punishment. Article 34 this New issue (1) This issue does not occur if the person whose extradition is sought is a national of the requested Party. (2) The issue can be refused if: 1. the person whose extradition is requested has committed a crime on the territory of the Contracting Party; 2. by the law of the requested Party can not prosecution or punishment to execute due to the limitation on or for other legal reasons; The third against the person whose extradition is sought for the same offense to the territory of the requested Party and rendered final judgment or the proceedings were finally terminated. Article 35 The request for extradition (1) and the request for extradition for prosecution shall be attached a copy of the arrest warrant, the details of the offense committed and the provisions of the law to be applied, and if the offense caused material damage, also its scope. (2) A request for extradition to serve his sentence, it joins the copy of the final judgment and the wording of the provisions of the Act it is relating to the offense. If convicted of the sentence has been executed, to bring about that necessary data. (3) The application for issuance pursuant to the options it joins characteristics of the person whose extradition is requested, indicating the personal data, describe the exterior, special characters, addresses, photographs and fingerprints. (4) Unless the extradition request all necessary information, it may requested Party to request additional information and determine dvouměsíní deadline would be which it should be delivered. At the request of the requesting Party this time limit may be extended by up to one month. (5) The requested Contracting Party shall terminate the extradition proceedings and release of arrested person if it has not been delivered within the period specified in paragraph 4 of this Article, the additional information required. Article 36 The arrest of the person whose extradition is sought (1) Upon receipt of a request for extradition shall take the party under this contract appropriate measures it arrest the person whose extradition is sought. (2) The person whose extradition is sought may be arrested even before the receipt of the request for extradition, if the competent authority of the requesting Party refers to the arrest warrant against that person, or an enforceable judgment and at the same time says that and re-sends the request for her extradition. Such a request may be made by post, telegraph, telephone or other similar method. (3) The competent authority of a Contracting Party, may arrest a person inside its territory even without a request under paragraph 2 of this Article, if it is known that this person committed on the territory of the other Party an offense referred to in this Article 33 thereof. (4) The arrest under the provisions of paragraphs 2 and 3 of this Article shall promptly notify the other Party. (5) The arrested person may be released from custody, unless the extradition request filed within 2 months from the date of dispatch of the statement of her arrest. Article 37. The procedure for extradition requested Party shall notify the requesting Party of the place and time of issue. Transportation associated with the issuance to ensure the requesting party. Article 38 Conflict of extradition requests Requests If the extradition of the same person more states, primarily the requested Party shall grant the application with regard to the citizenship of the person whose extradition is sought. Article 39 of the Limitation on prosecution (1) can not be extradited person without the consent of the requested Party that prosecute, to execute the punishment for another offense committed before the issue or give it to a third State. (2) the Consent is not necessary if: 1. the extradited person has left the territory of the requesting Party within one month after the criminal prosecution, imprisonment or suspended sentence; 2. The issue of a person voluntarily returned to the territory of the Contracting Parties which it was issued. Article 40 Issue of things (1) Each Party undertakes, along with the release of the offender's surrender at the request of the other Contracting Party of the things that were used to commit a crime or offense received. These things must be submitted in case of death of the offender. (2) The Party, which have been handed things, they must return the control after the other Contracting Party for their transfer to the beneficiary. (3) The things which shall be transmitted under this contract is subject to the restrictions and are not subject to customs duties or taxes. Transit Article 41 (1) The contractor undertakes at the request of the other Contracting Party that permit the transit through its territory of persons issued a third country. (2) The method of transit, route and other conditions in each case agreed upon by the competent authorities of both Parties. (3) An application for transit operations are handled in the same manner as the extradition request. Article 42 Costs related to the issuance and admission costs associated with transportation issued by the entity, as well as transit shall be borne by the requesting party. Other costs are borne by the requested Party. Article 43. Announcement of the results of the criminal proceedings Parties notify each other of the results of the criminal proceedings issued against the person. If it was against this person after sentencing and re-sends the legal copy of his power. Article 44. Acceptance of prosecution (1) Each Party undertakes upon request to prosecute under its own legal system nationals suspected that the territory of the other Party and the crime committed. (2) The obligation it prosecute according to their national law also applies it to such conduct, which under the law of the requesting Party prosecute such crimes, and under the law of the requested Party only as misdemeanors. (3) Claims for damages arising in connection with a criminal offense shall be dealt with together with the criminal case. (4) The requested Party shall notify the other Party and to the results of the prosecution's request, send a copy of the final decision. Article 45 the request for the transfer of prosecution request to take over prosecution of the offender must have the following elements: 1. the personal information about the offender; Second residence and place of residence of the offender; 3. a description of the offense and the text of the statutory provisions is; The fourth record for criminal proceedings, if necessary. a copy of the file; 5. description and photograph as the of the person, if they are available. Request for prosecution of the offender must be provided with an official stamp and the signature of the applicant authority. Article 46 Passing for imprisonment in accordance with the Convention on the transfer of persons sentenced imprisonment that Contracting Parties shall be transmitted person to serve his sentence in the State of which they are citizens. SECTION III FINAL PROVISIONS Article 47 The Cooperation That strengthen cooperation in the fight against criminals and the successful performance of this Agreement, the Parties will consult through the central authorities. Article 48 Disputes Dispute resolution arising in the interpretation or application of this Agreement, the Parties will be addressed through diplomatic channels or consultation of the central authorities. Article 49. Ratification and entry into force (1) This agreement is subject to ratification and shall enter into force on the thirtieth day after the exchange of instruments of ratification in Prague. (2) The Agreement shall remain in force for five years. If no party fails to submit a written proposal that terminate this agreement, at the latest six months before the expiry of that period, extended its validity for successive terms of five years. The agreement was signed in Pyongyang on September 11, 1988. This contract is made in two originals, each in Czech, Korean and Russian languages, all texts being equally authentic. In case of divergence of interpretation, the wording in the Russian language. The power of attorney of the Czechoslovak Socialist Republic: Ing. Bohuslav Chňoupek vr power of attorney DPRK Kim Jung-nam vr