8/1986 Coll.
The DECREE
Minister of Foreign Affairs
of 20 December. November 1985
Treaty between the Czechoslovak Socialist Republic and the Syrian
Arab Republic of Egypt on legal assistance in civil, family and
Criminal
On 18 July 2005. April 1984 was in Damascus signed a contract between
The Czechoslovak Socialist Republic and the Syrian Arab Republic
on legal assistance in civil, family and criminal.
With the Treaty expressed their consent the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
Republic has ratified it. The instruments of ratification were exchanged in Prague on
October 9, 1985.
Treaty has entered into force pursuant to its article 52 paragraph 2 day
November 8, 1985.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Now in r.
Contract
between the Czechoslovak Socialist Republic and the Syrian Arab
Republic on legal assistance in civil, family and criminal
Czechoslovak Socialist Republic
and
The Syrian Arab Republic,
kept trying to further develop the friendly relations and cooperation between the two
States and desiring to modify the legal cooperation in civil matters,
family and criminal in a spirit of respect for the sovereignty, national
the independence, equality, non-interference in internal affairs and
mutual benefits, have decided to negotiate this contract:
Chapter I
General provisions
Article 1
(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party,
the same legal protection of their personal and property rights as its
its own citizens.
(2) the nationals of one Contracting Party shall have the right to freely and
without barriers to the courts and other authorities of the other Contracting Party, the competent
in matters of civil, family and criminal matters (hereinafter referred to as "judicial
the authorities "), they can defend their interests before the authorities, submit proposals and
applications under the same conditions as its own nationals.
(3) the provisions of this Treaty, the citizens of the State of the parties
also apply to legal persons established under the law of a Contracting
the party in whose territory they have their registered office.
Article 2
Nationals of one Contracting Party who are turning to judicial
the authorities of the other Contracting Party and resides in the territory of one of the Contracting
the parties, it is not possible to save the composition of any security or payment
the charges on the grounds that they are aliens, or that do not have their place of residence,
residence or registered office in the territory of the other Contracting Party.
Article 3
(1) the judicial authorities of the Contracting Parties shall provide each other on request and for
the conditions laid down in that Treaty, legal assistance in civil matters,
family and criminal acts, in particular the implementation of the individual
vyhotovováním, by sending and service of documents, interviews of witnesses,
participants or of the accused, the implementation of expert opinions.
(2) the judicial authorities to come together through their central authorities
through the diplomatic channel.
(3) For the purposes of this Treaty, the central authorities shall mean:
and) on the side of the Czechoslovak Socialist Republic, the Ministry of
Justice of the Czech Socialist Republic, Ministry of Justice
Slovak Socialist Republic and the General Prosecutor's Office
The Czechoslovak Socialist Republic,
(b)) on the part of the Syrian Arab Republic, the Ministry of Justice.
Article 4
(1) the request for legal assistance, as well as documents attached to them,
be drawn up in the language of the requesting contracting party and connects to them
translation into the language of the requested Contracting Party or in the French language.
(2) the request must be signed, and the latter's official stamp.
(3) the Translation will be authenticated the official translator of the requesting contracting
the parties.
Article 5
The central authorities of the Contracting Parties shall provide each other on request
information on the laws that apply, or apply to their
the territory, together with their text, as well as information about legal practice.
Chapter II
Free legal aid and exemption from fees and costs
Article 6
(1) nationals of a Contracting Party before judicial authorities
the other party shall be entitled to free legal aid and exemption from
fees and costs with respect to their personal, family and
qualifying conditions to the same extent and under the same conditions as the
nationals of the other Contracting Party.
(2) the provisions of paragraph (1) shall also apply to the execution of the request for
legal aid and the sending of the document in the same case.
Article 7
(1) confirmation of personal, family and assets needed for the
to obtain the benefits referred to in article 6 of this agreement, will be issued by the competent
authority of the Contracting Party in whose territory the applicant has his residence or
the stay.
(2) if the applicant has a domicile or residence in the territory of a third State,
If the confirmation of the diplomatic mission or consular post of a Contracting
Parties, of which the applicant is a citizen of.
Article 8
The judicial authority, which decides on the application for free legal aid and
the granting of the benefits referred to in article 6 of this Treaty, it shall proceed according to the
the laws of your state. If necessary, it may request additional
the data.
Article 9
(1) If a State citizen of one party who resides
or stay on the territory of the other Contracting Parties, benefit from the judicial authority
the other party the benefits referred to in article 6 of this agreement, it may
request in accordance with the law of this State, the judicial authority of the competent
According to the place of residence or stay.
(2) the judicial authority to which application was made, shall ensure translation
the request, the certificate referred to in article 7 of this contract and any
the annexes into the language of the requested Contracting Party or in the French language.
(3) the judicial authority, which handles the request, it will send a confirmation
referred to in article 7 of this agreement and any annexes to the competent
judicial authority of the other Contracting Party.
Chapter III
Service of judicial and extrajudicial documents and the handling of the request
Article 10
(1) the Contracting Parties shall send the documents and request for legal assistance in
matters of civil, family and criminal matters under the provisions of article 3 of this
Of the Treaty.
(2) the provisions of the preceding paragraph shall not preclude the Contracting Parties
deliver all the judicial or extrajudicial documents, designed by their
citizens, directly through its diplomatic missions or
consular authorities if their citizens agree with their
the adoption. In this case, you cannot use coercive means.
Article 11
Request for service of judicial or extrajudicial documents or the discharge of
the request must contain the following information:
and) the applicant and requested authority;
(b)), in which case the designation is applied for legal aid;
(c) the subject of the application);
(d)), the name and surname, profession, occupation, place of residence or stay, and the State
citizenship of the participants and of the accused, in the case of legal persons, their name and
registered office;
e) name, surname and the address of the representatives of the participants, if they were appointed;
(f)) name, surname and address of the recipient of the document;
(g)) at the request of the designation of the Act, to be carried out, and if it is
needed, the questions to be asked;
(h)) in criminal matters also the designation and description of the committed criminal offence,
place and date of birth of the accused, where appropriate, the extract from the register
criminal records and the name and surname of its parents.
Article 12
The requested judicial authority shall transmit the documents in accordance with the legislation of the
delivery of the instruments in force in the State where they have been drawn up in
the language of the requested Contracting Party or if it is accompanied by the certified
a translation into that language or in the French language. Otherwise provided
the document to the recipient, if the recipient agrees to their adoption.
Article 13
(1) if the address of the person to be summoned to be questioned,
or that the document is to be served, incomplete or inaccurate, the requested
the judicial authority shall establish, if possible, the exact address.
(2) if the requested judicial authority competent to execute the request, it shall
It ex officio to the competent authority and shall inform the requesting
judicial authority.
Article 14
The document, which is to be delivered, will be sent to the other party in
duplicate and delivery shall be certified in accordance with the rule of law
the requested Contracting Party on the second copy only.
Article 15
(1) the judicial authority of the requested Contracting Party when the handling
in its request, the rule of law. However, the Registrar may, on request,
authority of the requesting contracting party to proceed in a manner that is in the
the request mentioned, if it is not in conflict with the law of the requested Contracting
the parties.
(2) on the request of the applicant authority, the requested judicial authority of justice he
timely notify the place and time of execution of the request.
Article 16
After the execution of the request of the judicial authority of the requested Contracting Party returns the writings
judicial authority of the requesting contracting party. If it is not possible to request
, returns the writings and the reasons for that request could not be
settled or for which was rejected.
Article 17
(1) the Contracting Parties shall not claim compensation for the costs of the implementation of the set
tasks of the legal aid.
(2) the requested judicial authority shall notify the requesting judicial authority of
the costs associated with executing the request.
Article 18
Legal aid may be refused if the requested Contracting
the party considers that execution of the request would impair its sovereignty
or security or would be contrary to the fundamental principles of its
the rule of law or public policy.
Article 19
(1) Documents issued or certified in the form prescribed by the law of one
the contracting parties do not require on the territory of the other Contracting Party the next
validation. This also applies to signatures that were verified in accordance with the laws of the
one of the Contracting Parties.
(2) of the Charter, which are on the territory of one of the Contracting Parties considered
the public, they on the territory of the other Contracting Party the burden of too much public
of the instruments.
Article 20
(1) the central authorities of the Contracting Parties shall provide, on request, assistance in
the survey addresses of persons residing on their territory, if it is
the need to exercise their rights of State citizens.
(2) if the judicial authority of one Contracting Party shall be entitled to apply
maintenance against the principal, who is staying in the territory of the other Contracting
the Parties shall provide to the competent judicial authority of that Contracting Party at the request of assistance
When you discover the source of the revenue and the height of the principal.
Chapter IV
Sending of documents of civil status and other documents
Article 21
(1) the competent authorities of the Contracting Parties shall send each other's listings from
metrics relating to the registrations of the citizens of the State of one of the Contracting Parties
in the registers of the other party. Listings will be sent immediately after the
write to the registers.
(2) the competent authorities of one of the Contracting Parties shall send, at the request
the competent authorities of the other Contracting Party requested listings.
(3) if in one of the Contracting Parties shall carry out the additional
registrations, changes or repairs of the personal status of the citizens of the State of the other Contracting
the parties, the competent authorities of that Contracting Party shall send a copy of or extract from the
the Registrar, with the work undertaken with the changes and corrections.
(4) the documents referred to in the preceding paragraphs of this article shall
shall be sent free of charge, through the diplomatic channel.
Article 22
The application of State of the citizens of the Contracting Parties for listing from the registry office or other
documents relating to the personal status can be sent directly to the competent
authority of the other Contracting Party. The requested documents, the applicant shall send to the
through the diplomatic mission or consular office of the State whose
the authority issued the document. The diplomatic mission or consular post selects from
the applicant at the same time the fee for a copy of the document.
Article 23
The competent authorities of the Contracting Parties will send copies of the
final decisions concerning the personal status of State citizens
the other Contracting Party. In these decisions, it should be noted also the information about the
the citizenship of each person, which the decision relates.
Chapter In
The protection of witnesses and experts
Article 24
A witness or expert who has appeared on the basis of the summons before the
the judicial authority of the other party, cannot be on the territory of that Contracting
the parties, regardless of their nationality, prosecuted, taken into custody or
It cannot be executed, the penalty for the offence which is the subject
criminal proceedings, in which he was summoned for his statement made in
This criminal proceedings or for an offence committed before the
his departure from the territory of the requested Contracting Party.
Article 25
The provisions of article 24 of this Agreement shall not apply, if the witness did not leave
or a connoisseur of the territory of the requesting contracting party within 15 days from the date of
When the judicial authority, which he called, said that his presence
It is no longer necessary. In this period, not the period for which a witness
or expert could not leave the territory of that Contracting Party, of the reasons
independent of his will.
Chapter VI
Recognition and enforcement of judgments and arbitral awards
Article 26
(1) the Contracting Parties shall accept and authorize the performance on their territory of the following
the decision, issued on the territory of the other Contracting Party:
and the decision of the courts, issued) in matters of civil, family and
business;
(b) the decisions of the courts, issued) in criminal matters on compensation and
the recovery of assets;
(c) the decision of the courts) were approved by the settlements in civil matters,
family and business.
(2) the decision referred to in paragraph (1) of this article, consider whether or not
the decision in matters of probate, issued by the judicial authorities of the Contracting
the parties, which, under the law of the contracting party responsible for
negotiating easements.
Article 27
The decision referred to in article 26 of this agreement, will be recognized and their
the performance will be allowed under the conditions that:
and according to the rule of law) of the Contracting Party on whose territory the recognition and
enforcement is not excluded the jurisdiction of the judicial authorities of the Contracting
Party on whose territory the decision issued in the matter;
(b)), the final decision is and enforceable under the law of a Contracting
the Party on whose territory it was issued;
(c)) recognition or enforcement will not be compromised the sovereignty or
the security of the Contracting Party on whose territory the decision is to be recognised and
done, or it is not in contradiction with the fundamental principles of its legal
order or public policy;
(d)) in the same case, on the same subject, and for the same reason was not previously released
between the same parties, the final decision of the competent judicial authority
the Contracting Party on whose territory is to be recognised and enforced;
(e)) the participant against whom the judgment was given, and that the management of
, was a timely and duly summoned under the law of a Contracting
the Party on whose territory the decision was issued, and in the case of procedural
ineligibility was duly represented. Contacting the Decree shall not be considered
proper.
Article 28
To recognition and enforcement of decisions is the competent judicial authority
the Contracting Party on whose territory is to be recognised or enforced.
Article 29
(1) an application for recognition and enforcement of a decision shall be made directly to the competent
the judicial authority of the Contracting Party on whose territory is to be
recognised or enforced. The application for recognition and enforcement of judgments can be
submitted to the judicial authority, which decided in the matter as the authority
of the first degree. This authority shall execute the request or forward to the relevant
judicial authority.
(2) the application shall be accompanied by:
and a certified copy of a court decision), as well as the confirmation of legal power and
enforceability of a decision, if it is not apparent from the decision itself;
b) proof that the party against whom the judgment was given, and the
that is, management was timely and duly summoned and, in the case
procedural incapacity was duly represented;
(c) a certified translation of documents) referred to under letters a and b)), as well as
a translation of the application into the language of the requested Contracting Party or
the French.
(3) the application for enforcement of a decision may be made at the same time as the application for
its recognition.
Article 30
(1) the judicial authority of the Contracting Party on whose territory is to be
recognised and enforced, conducts proceedings on the recognition and enforcement of decisions by
the law of his State.
(2) the judicial authority in proceedings for recognition and enforcement of a decision shall be limited to
determine whether the conditions have been met, as referred to in article 27 of this agreement;
If these conditions are met, the decision to recognize or its performance.
Article 31
(1) the decision on the obligation to pay court costs and legal fees
executes the request on the territory of the other contracting party free of charge.
(2) the judicial authority of the Contracting Party on whose territory the decision
ordered to pay court costs and legal fees, ask
the competent judicial authority of the other Contracting Parties about the performance of this
decision. This application must be accompanied by a certified copy of the decision on the
the amount of the costs or legal fees, confirmation that the
the decision is final and enforceable, and a certified translation of the
documents into the language of the requested Contracting Party or
the French.
(3) the judicial authority, which authorizes the execution of a decision referred to in
paragraph 1 of this article, shall be limited to the facts that
suggests that the decision is final and enforceable. The amount that
vydobyta, will be forwarded to the diplomatic mission or consular post
the Contracting Party whose competent judicial authority on the recovery.
Article 32
(1) the Contracting Parties shall accept on its territory and allows the performance of judges
the findings in matters of trade, issued in the territory of the other Contracting Party,
under the Convention on the recognition and enforcement of foreign arbitral awards, concluded at New
York 10 June. June 1958.
(2) arbitration awards in civil matters, issued on the territory of one of
the Contracting Parties, shall be recognised and executed in the territory of the other Contracting Party
under the conditions laid down in articles 27 and 29 of this agreement, to the extent
they can be used on awards.
Article 33
The use of the provisions on the enforcement of judgments and arbitration awards shall be in
accordance with the legislation of the Contracting Parties on the transfer of money or
exports of goods obtained power of decision.
Chapter VII
The issue of
Article 34
(1) the Contracting Parties undertake, subject to the conditions laid down in this
At the request of the Treaty shall be issued for the implementation of criminal proceedings or for the performance of
the punishment of the person residing on their territory.
(2) the issue of the implementation of the criminal procedure is permissible only for the criminal
the acts, which may be imposed under the law of both Contracting Parties,
imprisonment for a period exceeding one year.
(3) release to the enforcement of the sentence is permissible only for offences punishable under the
the law of both Contracting Parties, for which the requested person was extradited
sentenced to imprisonment for at least one year, or to the penalty of
heavier.
Article 35
Cannot be issued:
and persons to) date of receipt of the request for the extradition of nationals are
the requested Contracting Party;
(b)) persons without citizenship residing in the territory of the requested
the Contracting Parties;
(c)) of the person, which gained the right to asylum on the territory of the requested Contracting Party.
Article 36
The issue is inadmissible if:
and the crime is committed on) the territory of the requested Contracting Party;
(b)) a criminal offence, for which the extradition is sought was committed outside the territory of
of the requesting party and the law of the requested Contracting Party
does not allow criminal prosecution of a similar offence committed outside
its territory;
(c)), the legal order of one of the Contracting Parties to issue permits;
(d)) under the law of one of the Contracting Parties to the criminal proceeding may be
started only on the proposal of the injured party;
e) Act for which extradition is requested is under the legal order of one of the
the Contracting Parties barred or amnestován, or if another legal
the reason does not allow for the initiation of criminal proceedings, or enforcement of a sentence;
(f)) against a person, whose extradition is requested has been handed down for the same offence
the final decision or if the judicial authorities of the requested Contracting
the party stopped the criminal proceedings.
Article 37
(1) If a person whose extradition is sought, prosecuted, or if
the furor over the punishment of imprisonment, rendered by the judicial authority of the requested
the Contracting Party for an offence committed on the territory of the requested Contracting
the parties, for which the extradition is requested, the release may be delayed.
(2) in the case of delay the release to take place after the completion of criminal proceedings
or after the end of the sentence.
(3) if the delay would lead to a limitation of criminal proceedings or could be
the cause of the serious difficulties in the investigation of criminal offences, can be
allowed the temporary release under the condition that the person will be issued immediately
returned after the execution of procedural acts, for which the release was permitted.
Article 38
(1) issued by a person may be prosecuted for other offences, than
for which it was issued, it can be executed by a different penalty than the one for the
which was released, and may be extradited to a third State only
If agreed in advance of the requested Contracting Party.
(2) the consent of the requested Contracting Party need not be issued, if the person,
who is not a citizen of the requesting party, has not left within 1
months after the end of the criminal proceedings, or enforcement of a sentence of the territory of the requesting
the Contracting Parties, although should this option or if, after
She left that territory, has voluntarily returned to it.
Article 39
(1) the request for extradition shall be made in writing and be sent to the requested Contracting
side through diplomatic channels. Must contain the name and surname of the person,
that has to be released, date and place of birth, the State
citizenship, the details of her stay, particulars of the offence and the damage that
the offence was caused.
(2) the request for extradition for prosecution is attached a certified copy of
the arrest warrant with a description of the offence committed, with data on the
the evidence, as well as the texts of the provisions of the legislation which apply
on offense; If the offence was caused by property damage is
the amount must be specified.
(3) the request for extradition for the enforcement of the sentence shall be attached a certified copy of
a final court decision, as well as the texts of the provisions of
the regulations, which apply to the offence. If the convicted person had served
part of the sentence, what part shall be served.
(4) if the request does not contain all the necessary information about the issue, the requested
Contracting Party to request additional information. The second party must
the request within a period not exceeding 2 months. This period may be
the reasoned request of the requesting Contracting Party shall be extended by 15 days.
(5) if the applicant does not submit the additional data in the Contracting Party
the prescribed time limit, the requested Contracting Party person release zatčenou
to freedom.
Article 40
After receipt of the request for extradition, if the conditions were met, the release
the requested Contracting Party without delay of measures to arrest the persons referred to in
the request for extradition.
Article 41
(1) a person may be arrested well before receiving the request for extradition,
If the requesting party expressly requested. In the request for
provisional arrest shall state the warrant or the final decision
issued against that person with the fact that the extradition request will be sent to the
Additionally. The request for provisional arrest may be made by post,
by telegram or telephone.
(2) the requesting Party shall be informed immediately of the arrest
carried out pursuant to the preceding paragraphs of this article.
(3) the provisional arrest, which was decided in accordance with paragraph (1) of this
the article cannot take longer than 1 month.
Article 42
(1) the requested Party shall notify the requesting Party of its
a decision on the issue. In the case of a permit, notify her release the place, date and
an hour pass issued; otherwise, the reasons for that
the issue to be uploaded.
(2) If a representative fails to appear, the requesting contracting party, at the place and in the
the time specified for receipt of the person whose extradition has been enabled, and
If the request of the requesting contracting party for postponement, which does not exceed 7 days,
the requested person shall be immediately released. If there is
the extradition request may be refused in this case.
Article 43
If the extradition of a person sought for several States, the requested Contracting Party
decide which request. It shall take into account, in particular, to the State
citizenship of the desired person, the nature of the crime and the place of its perpetration, the
as well as to the order of receipt of the applications.
Article 44
Avoids the person to criminal prosecution or issued the sentence and returns
on the territory of the requested Contracting Party, may be on a new request
released. In this case, there is no longer a need to connect to the application
the documents referred to in article 39 of this Treaty.
Article 45
(1) at the request of the requesting Contracting Party of the requested Contracting Party shall issue:
and the documents and things) that can serve as evidence in criminal proceedings;
these things will be passed, even in the case where there is no extradition
person for her death, that avoids criminal prosecution or for the
Another circumstance;
(b)) things that come from the offence or which was used to
a criminal offence.
(2) on the issue of affairs the certificate.
(3) if the requested Contracting Party of the requested things in another criminal
proceedings, may provisionally detain or release them on condition that they will be
returned.
(4) the law of the requested Contracting Party, or the rights of third persons to these things
shall remain unaffected. If such rights, these things will be returned
the requested Contracting Party as soon as possible.
(5) the transfer of sums and assets is carried out in accordance with the legal
the order of the requested Contracting Party.
Article 46
(1) a party shall, at the request of the other Contracting Party of its
the territory of the transit of persons, issued by a third State, the other Contracting Party.
(2) an application for transit operations and discusses as well as request
about the issue. The Contracting Parties are not obliged to allow the transit of persons whose
release under this agreement does not allow.
Article 47
(1) the costs associated with the issuance shall be borne by the Contracting Party in whose territory the
arose.
(2) the costs associated with transit operations shall be borne by the requesting contracting party.
Article 48
The Contracting Parties shall inform each other about the outcome of the criminal proceedings
taken against the released person. If it has been issued against that person, the final
the decision shall be sent a copy thereof.
Article 49
(1) a party shall notify the other party of information about
final decisions handed down by judicial authorities of one of the
the contracting parties over the nationals of the other Contracting Party.
(2) The request shall, if they are available, and the fingerprints of persons
referred to in paragraph (1) of this article.
Article 50
The competent authorities of one Contracting Party shall send to the judicial authorities of the other
the Contracting Parties shall, on request, information about previous convictions
persons against whom criminal proceedings are conducted. Transmission of this information
take place in accordance with article 3 of this Treaty.
Article 51
(1) the Contracting Parties undertake to prosecute according to your request
the law of their own citizens, who have committed on the territory of the other
the Contracting Parties to the offences for which both Contracting States impose penalties
the courts.
(2) the application shall be accompanied the message, which will contain information about the committed
crime, writings about investigations or searches, material evidence and information about the
caused the damage; in the event that these attachments are not connected or are
incomplete, shall be additionally at the request of the Contracting Party which launches
the criminal prosecution.
(3) the requesting Party shall be informed by the requested Contracting
Party on the measures that have been taken on the basis of the requests referred to in
paragraph (1) of this article. Will be issued a final judgment, shall be
at the request of his copy.
Chapter VIII
Final provisions
Article 52
(1) this Treaty shall be ratified in accordance with the constitutional rules of each
the Contracting Parties. The instruments of ratification shall be exchanged at Prague.
(2) this Agreement shall enter into force on the 30th day after the Exchange
instruments of ratification.
(3) this agreement is concluded for a period of five years and will be extended
every time a new period of five years, unless one of the Contracting Parties
denounces it six months before the expiry of this period.
On the evidence of the agents of the parties have signed this Treaty and
getting it your seals.
This agreement has been negotiated in Damascus on 18 July 2005. April 1984 in two
original copies, each in the English, Arabic and French,
While all three texts being equally authentic. In the case of different
the interpretation will be taken to the French text.
For the Czechoslovak Socialist Republic:
Extraordinary and Plenipotentiary in Damascus
Dušan Ulčák in r.
For the Syrian Arab Republic:
The Minister of Justice
Khalid al-Malki in r.
