48/1926 Sb.
CONTRACT
on 2 December. July 1925
between the Republic of Czechoslovakia and the United States of North America
the mutual extradition of criminals
Change: 185/1935 Sb.
Changed: 8/2010 Coll.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.
On behalf of the Czechoslovak Republic
and
United States Of America
This agreement has been negotiated:
Contract
on 2 December. July 1925 between the Republic of Czechoslovakia and the United
North American States on mutual extradition
The Republic of Czechoslovakia and the United States of North America, bearing in
aware of the venue justice, decided that the uzavrou together the Treaty
the issue of escaped criminals.
To this end, have designated the following plnomocníky:
The President of the Republic:
Mr. Eduard Beneš, Dra
Minister of Foreign Affairs of the Czechoslovak Republic,
President Of The United States Of America:
His Excellency Mr. Lewis Einstein,
the extraordinary Envoy and Plenipotentiary Minister of the S. S. A.,
who, sdělivše to each other their full powers and shledavše is in the proper and
due form, agreed between themselves and the negotiated these articles:
Article. (I)
Czech Republic and the United States shall be issued at the request of a duly
under this agreement, any person will be getting taken on
territory of one party and which will be charged with or sentenced for any
of the offences referred to in article 14(2). II. this agreement; However, the issue of
occurs only if the filed such evidence of the crime, which
According to the laws in force in the place where an escaped felon or a person follows
the accused will be brought to justice, it is sufficient to justify them to arrest and
the delivery to the Court if they were this offence committed in that territory.
Article II
Crimes subject to the issue of
An offence shall be an extraditable offence if it can be followed by
laws of the requesting and requested States by a custodial sentence with
the upper limit of more than one year or a more severe penalty. The offence
It is also be an extraditable offence if it is an attempt to
or conspiracy to commit an offence subject to extradition or about
participation in this crime. If the application relates to the execution of a sentence
a person convicted of an extraditable offence, the sentence must
freedom remains at least four months.
If enabled the release for an extraditable offence, it is also
enabled for all other offences referred to in the application, which
is punishable by deprivation of liberty for a period of not more than one
year are met all the other conditions of release.
For the purposes of this article, an offence shall be considered an offence
subject to the release:
a) regardless of whether the laws in the requesting and requested States place
the offence within the same category of offences or describe the offence
offence by the same terminology,
(b)), regardless of whether it is a criminal offence for which the Federal
the law of the United States of America only for grounds of jurisdiction
United States Federal Court required of such matters as
transport of people and goods between the Federal States or the use of the mails or
other facilities affecting interstate or foreign commerce,
and
(c)), regardless of whether in criminal cases relating to taxes, duties,
currency control and the import or export of goods establishes the right of the applicant
and of the requested State the same kinds of taxes, customs duties, foreign exchange controls or
import or export of the same goods.
If the offence was committed outside the territory of the requesting State, extradition
permitted, subject to the other applicable terms and conditions for the issue, if the
According to the law of the requested State an offence committed outside its territory in similar
the circumstances of the crime. If it is not, under the law of the requested State an offence committed
outside its territory in similar circumstances, the management authority
of the requested State, at its discretion, permit issuance, if all
the other conditions for the release are met.
Article. (III)
The provisions of this Treaty do not concern the entitlement to the issuing of an offence
political or criminal acts which are of such acts in
the context; No person, issued once or one of the High
of the parties under this agreement, shall not be neither judged nor
punished for a political offence committed prior to its release.
Whether the offence is a political offence, it is for the State to decide about it
requested or its courts.
In the case of the crime of murder whether execution or nedokonaný, is not the fact that the
the offence or his attempt was made against the life of the sovereign
the head of any State or any member of his family, about myself
sufficient proof for the claim that it is a crime of political and
Act, that is in connection with a political offence.
Article IV
No person shall be tried for an offence committed before,
than that for which it was allowed to release, or be extradited to another State,
But freedom should wish to leave the territory within one month after
released as a result of the offences for which
was released.
Article. In
The fugitive offender shall not be issued under this agreement, if the
prosecution or punishment for the offence that is the subject of the application
for the issue, is out of the question for a prescription or another legal reason
According to the legislation of both Contracting States, on whose territory the offence
has been committed.
Čl.VI
If a person is against the required criminal proceedings in the State of the requested
or if it is there in the sentence for another offence, the issue may be postponed
in the meantime, until the criminal proceedings are concluded or, if the
conviction, to be fully enforced přisouzený her punishment.
The fact, however, this is not an obstacle, to the application for release was
decided as soon as possible.
Article. Via
Temporary pass
If it has been granted extradition of the person against whom the proceedings are held
or carrying out a sentence in the requested State, the requested State may
the temporarily surrender the person to the requesting State for the purposes of
control. The person so surrendered in the requesting State be kept in custody and is
returned to the requested State after the end of the proceedings against that person in
accordance with the conditions agreed between the requesting and the requested State.
Time spent in custody in the territory of the requesting State during criminal
the prosecution in this State may be deducted from the remaining time sentence in
the requested State.
Article. (VII)
Requests for extradition or surrender by the several States
If the requested State receives requests from the requesting State and from any other
the State's request for extradition of the same person either for the same offence, or for the
different offences, the Executive authority of the requested State, which
State, if any, this person passes.
Czech Republic receives a request for extradition from the United States of America
and the request for surrender pursuant to a European arrest warrant for the same
the person either for the same offence or for different offences, the
the competent management authority of the United States, to which State, if any,
This person passes.
When taking decisions referred to in paragraphs 1 and 2, the requested State shall consider all
the relevant factors, including, inter alia, the following:
and) whether the requests were made pursuant to the Treaty,
(b)) of committing various crimes,
(c) the respective interests of the requesting States '),
(d)) the severity of the crime,
e) nationality of the victim,
f) the possibility of further extradition between the applicant States and the
(g) the chronological order in which applications) from the requesting States.
Article. (VIII)
Under this agreement, none of the High Contracting Parties the obligation to
the soul of their own nationals.
Article. (IX)
The requesting State shall pay all costs relating to translation
extradičních materials and transport the person passed. The requested State shall pay
all other costs incurred in that Member State in the context of proceedings relating to the
release.
Article. X
Any things that are in the possession of the fugitive criminals at the time of his
the arrest, whether it be things coming out of the offence or of the things which
is used to the conviction of an offence, they will-if possible-released
at the same time with the person released, if permitted by the laws of some of the High
of the Contracting Parties. However, the rights of third parties on these matters remain
preserved.
Article. XI
The provisions of this Agreement shall apply to all, wherever located
the territory, which belongs to the neb that High Contracting Party, are occupied by
or under her supervision at all times, as long as this casting or supervision
It takes.
The request for extradition and supporting documents shall be transmitted through diplomatic channels. If
a person whose extradition is sought is held under provisional arrest, the requested
State, the requesting State may satisfy its obligation to transmit its request for
extradition and supporting documents through the diplomatic channel that passes the request and supporting documents
the Embassy of the requested State in the requesting State. In this case, the
the date of receipt of this request to the Embassy considered the date of receipt
the requested State for the purposes of calculating time limits which must be respected by the
paragraph 4 of this article, in order to allow for more binding the person concerned.
A request for provisional detention shall in addition to the diplomatic path may transmit
directly between the Ministry of Justice of the Czech Republic and the Ministry of
the United States of America. These applications may
pass also through international criminal organization
Police (Interpol).
The person who will be provisionally taken into custody will be released,
If, within two months of its arrest in the Czech Republic, or
from the date of delivery to the Office to the binding on the territory of the United States of America
given aforementioned substantiated request through diplomatic channels about the
Edition, with the following documentary evidence.
If the fugitive criminal was already sentenced for the offence for which it is requested
for the issue, will be duly certified copy of the judgment of the připojiti Court
He was convicted. If a refugee is only accused of a criminal offence is
předložiti duly certified copy of the arrest warrant issued in the State where
the offence has been committed, and the data on which the arrest warrant was issued, basis
After the case with other evidence and documents according to the circumstances
case.
Documents with the certificate or stamp of the Ministry of Justice or
Ministry of Foreign Affairs of the requesting State shall be admissible in extradition
proceedings without further certification, authentication, or other forms of
legalization. "Department of Justice" for the United States
means the United States Department of Justice and for the
The Czech Republic Ministry of Justice of the Czech Republic.
Article XIa
Supplemental information
The requested State may require the requesting State to within a reasonable
time limit set, submit additional information, if it is
considers that the information accompanying the application for release
are not sufficient to comply with the terms of this agreement.
The following additional information may be requested and furnished directly
through the Ministry of Justice of the Czech Republic and
The Ministry of Justice of the United States of America.
Article XIb
Sensitive information contained in the application
If the requesting State intends to provide especially sensitive information to
support of its request for extradition, may, after consultation with the requested State
determine the scope of protection of the information by the requested State. If the requested
the State protect the information the way you want, decide the requesting
State whether the information yet.
Article XIc
Simplified extradition procedures
If the person concerned agrees to surrender to the requesting State, the requested
the State in accordance with the principles and procedures of the legal system to pass this
person as quickly as possible without further proceedings. The consent of the person sought may
include a waiver of the protection provided in accordance with the principle of
specialties.
Article. (XII)
In any case, when one of the High Contracting Parties shall request
the arrest, bind and release of fugitive criminals, permissions will be
the officials of the State, where extradition proceedings, assist the officials of
the Government, which calls for the release, in the proceedings before the competent courts and authorities
all legal means in their power.
Article XIIa
The transit
Czech Republic may approve the person to be surrendered to the United States
the American the third State or the third State of the United States of America
through its territory. United States may approve the transport of persons
to be passed to the Czech Republic, the Czech Republic, a third State or a third
State over its territory.
A request for transit shall be submitted through the diplomatic channel or directly between the
The Ministry of Justice of the Czech Republic and the Ministry of
the United States of America. These requests may be made
also through Interpol. The application contains a description of the transported
person and a short message about the facts of the case. The person is being transported
be kept in custody during transit.
Authorisation is not required when air transportation is not scheduled
landing in the territory of the transit State. In the event of an unplanned landing
can the State in which the landing takes place, should pass
the request for transit provided for in paragraph 2. Taken all necessary
measures to prevent the escape of the person concerned during the transit, if the request for
the transit received by 96 hours from the unscheduled landing.
Article XIIb
The death penalty
If the offence for which extradition is requested, punishable
death under the law of the requesting State and not by the law of the requested
State, the requested State may allow the release on the condition that the person concerned
will not be sentenced to the death penalty, or if the requesting State is unable to this
meet the condition on procedural grounds, on condition that the penalty imposed
death will not be executed. If the requesting State accepts the conditions for extradition under
This article must comply with. If the requesting State does not adopt these
conditions can be refused the extradition request.
Article. XIII
This agreement is drawn up in the language of the Czechoslovak and English, both of which
the wording is just as authentickým, will be ratified by the High Contracting
the parties in a manner appropriate to them the Constitution and shall enter into force on the date of
the exchange of instruments of ratification, which will be made in Washington DC if
as soon as possible.
Article. XIV
This agreement shall remain in force for a period of ten years. If he/she does not give any
the High Contracting Parties of the year before the end of the time limit indicated above, the
intends to contract vypověděti, shall remain in force for a year after the date of
which the neb she high contracting party terminates the contract.
Which caused the above appointed agents have signed this Treaty and
join her seal.
Done in duplicate at Prague, today, the second day of July in the year one
one thousand nine hundred twenty-five.
L. S. Dr. Edvard Beneš.
L. S. Lewis Einstein.
Prozkoumavše endorsement of this agreement and we confirm it.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
The Radava 22 December October devítistého the twentieth one thousand years
the fifth.
The President of the Republic:
T. g. Masaryk in r.
Minister of Foreign Affairs:
Dr. Edvard Beneš in r.
Is that the instruments of ratification were exchanged on 29. March
1926 and that the contract shall take according to art. XIII. the scope of the date of the exchange of
instruments of ratification.
Dr. Edvard Beneš in r.
