The Treaty Between The Czechoslovak Socialist Republic And The Syrian Arab Republic On Legal Aid

Original Language Title: o Smlouvě mezi ČSSR a Syrskou arabskou rep. o právní pomoci

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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.

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