133/1927 Sb.
Convention
between the Republic of Czechoslovakia and the Republic of Estonia on the issue
criminals and legal assistance in criminal matters.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC
And
THE REPUBLIC OF ESTONIA
THIS CONVENTION HAS BEEN NEGOTIATED AND THE ADDITIONAL PROTOCOL:
Convention
between the Republic of Czechoslovakia and the Republic of Estonia on the issue
criminals and legal assistance in criminal matters.
The President of the Republic and the Government of the Republic of Estonia desiring
accounts and legal's relations between the two countries, with regard to the issuing and
transportation of criminals, as well as legal assistance in curlers from criminal matters, decided to
with that Convention and agree about the name its designee:
The President of the Republic:
Mr. Emil Spiru, JUDra
the preferred trade Ministry of Justice, and
Mr Karel Halfara, JUDra
the Prime Minister on the advice of Ministry of Foreign Affairs,
the Government of the Republic of Estonia:
Professor Antonín, Piipa
Minister of Foreign Affairs,
who, vyměnivąe your full power and is in a good shledavąe and náleľité
the form, they agreed on the following provisions:
TITLE I.
Article 1.
Extradition of criminals.
1. The Contracting Parties undertake that issue to each other on request of a person,
which is zdrľují on the territory of one of them and which are prosecuted or have been
convicted by ordinary courts of the other party for kaľdý criminal
the condition that can be povoliti the release of doľádané, under the laws of the parties and
and if the laws of both States)-by» i only in some parts of the territory of-him
imposing imprisonment of a duration of at least one year or punishment
těľąí, or if the person was convicted for an act of vyľadovaná týľ to the
freedom deląímu ąesti months or to the penalty of těľąímu;
(b)) if the offence is committed outside the territory of the State of doľádaného;
(c)) is not if his prosecution under the laws of the State of doľádaného reserved its
its own judicial authorities.
2. the issue will be also allowed to attempt any of the above
a crime or for sympathy when they are trestny according to the
both sides of the law.
Article 2.
The Contracting Parties shall not grant their citizens of the State.
Article 3.
Offences, for něľ does not bear being allowed release.
The issue is not enabled:
and) for offences of political or related offences. Doľádaný
only the State is called rozhodovati on whether the offense is this
nature. For an offence of a political or for an offence related to such crime
the criminal will not be seen as an attack against the head of one of the Contracting States,
If turpeinen crime vraľdy (the killing of) complete or nedokonané, attempt to or
participation in such an act;
(b)) for the offences purely military in nature;
(c)) for acts that are trestny exclusively according to the laws on the press;
(d)) for offences against the laws of customs, tax and other laws
financial;
(e)) for the offences, prosecution is jichľ it is allowed only on private proposal
poąkozené person, and can be terminated by its withdrawal;
(f) there was a limitation) prosecution or punishment under the laws of
in force in all parts of the territory of a Contracting Party, or by the
the laws of the State where the crime was committed, the accused than was previously
arrested or sent to an interrogation, or if it stíhati or punishment
challenge from other legal reasons;
(g)) if the person is being prosecuted in the State of vyľadovaná doľádaném for týľ criminal
Act, or if there has been criminal proceedings because it stopped, or if
for týľ performance judgment condemning the neb liberating, if he or she
given the reprieve, but the laws of that State would připouątěly the recovery of criminal
the control given the new circumstances.
Article 4.
request for issuing. ®
1. the application for release is ® administer in the way of diplomatic. Is it
připojiti obľalovací file, either a warrant or other judicial instrument to him
on a par with standing or condemning judgment against vyľadované
to the person. In these papers is briefly beheld performance, competence and
připojiti to them a certified copy of the text of the criminal law doľadujícího State
whose pouľíti will be on offense, and the law relating to curlers from the rate
the punishment.
2. In the case of offences against property, is beheld and payment ąkody
actually vzeąlé, or the offender zamýąlené.
3. These documents is připojiti either in the original or in authenticated copy,
Court or any other authority of the State of přísluąným, which joins the on the issue
ľádá. According to the choices will be appended to the description of the person, its vyľadované
a likeness or other data, which can přispěti to zjiątění totoľnosti.
Article 5.
Which language will be pouľito.
Of the Charter referred to in the preceding article is sepsati in the language of the State
(start-up) the parties doľadující in the form prescribed by the laws of the State
doľadujícího, however, and official seal. Is jim přiloľiti translations
the State (oficielního) language of the State or into a language doľádaného
the French, which will be taken by either přísluąným the neb validated Office or
interpreter doľadujícího State and the příseľným and»» official, that is
affix your signature and your seal.
Article 6.
Additional clarification.
Emerge-if in doubt, whether the offence, which gave rise to the prosecution,
falls under the provisions of this Convention, the State of doľadující poľádán
the clarification. The release will be allowed only if the clarification of
nature, to remove these doubts.
Article 7.
Measures to ensure that the release was zajiątěno.
When the request for release with the documents referred to in articles 4 and 5,
arrange for State doľádaný to Google.com, what it should be, to the person vyľadovaná was
zajiątěna and předeąlo is her escape, but would release seemed in advance
unacceptable.
Article 8.
Provisional arrest.
1. In necessary cases can be vyľadovaná the person provisionally arrested
already prior to the release of its ľádosti to any notification sent
poątou wire, if it rescinded the warrant
or the judgment and reported the crime at the same time. Such a notification can
be sent to the Court or other authority of the State to přísluąným
doľadujícího přísluąnému State doľádaného Office directly.
2. the Přísluąné authorities of both Contracting Parties may even without such notification
zatknouti each person on a provisional basis, which was in Holocaust photo tracked on their territory and
the authorities of the other party is hláąena or prosecuted in their přísluąných
Police sheets or registers.
3. the authority which carried out the arrest of the person referred to in paragraph 1 and 2 of this
Article, shall inform the authority without delay, that the arrest of ľádal,
or the Office, jímľ this person is, according to the notice published in the police
sheets or registers being prosecuted, and of the place where a person at the same time
This is drľena.
4. In the absence of the other Contracting Party within 15 days after it has been
notification in accordance with the provisions of hořejąích, sent a message that will be ľádáno for
the release of the arrested person, can this person be propuątěna.
Article 9.
1. The arrested person can also be propuątěna, if there is no request for her
with the release of the documents referred to in articles 4 and 5 to ąesti weeks from the date of
sent the message was about her arrest pursuant to paragraph 3 of the preceding
article.
2. in general it will Also propustiti the arrested person has been ľádáno for
additional clarification under article 6 and run out of the State if this clarification
doľádaného within a reasonable period, which the State has designated the doľádaný. The time limit of this
can be justified to ľádosti prodlouľena, the total period of provisional
the binding must not, however, be two months longer.
Article 10.
Doľádání different States for extradition.
1. ® in addition to asked his other Contracting Parties or several other States for
the release of téľe persons, can it doľádaný State of the soul, whose state is
přísluąníkem, or the State on whose territory the offence was committed.
2. If it is not among the States for the release of ľádají, the State, whose person it is
přísluąníkem, can it become a doľádaný zpraviti of ľádostech doąlých from the
other States, while čemľ he shall fix the date fifteen days to declare whether the
ľádati its also intends to release. The provisions of article 9, paragraph 1
It will also pouľíti to its ľádosti for the issue. Otherwise it will be vyľadovaná
person of the State on whose territory the crime is committed by nejtěľąího
the crime, and in the case of acts as těľké, State, whose request for release doąla
soon as possible.
3. commitments, which one of the Contracting Parties to take previously been against
other States, the following provisions shall remain unaffected.
Article 11.
When will be the release of odloľeno.
1. If the person being prosecuted or vyľadovaná if it was doomed in the territory
doľádaného State for a different offense than the one that gave rise to the
ľádosti for the issue, or if there is any other cause in the binding, you can release
odloľiti to the time when the proceedings will be terminated and in the case of a conviction the sentence
odpykán or pardoned, or binding, is located in níľ, for other reasons
completed.
2. this postponement will not defect, that it is not immediately on the issue decided.
Article 12.
The temporary release of vyľádané persons.
If, however, could delay the issue referred to in paragraph 1 of article 11 in accordance with
laws of the State in the wake of doľadujícího have either barred or other váľný
ąkodlivý effect for criminal proceedings, can be povoliti temporary release
vyľadované the person, if it is not against the závaľných objections and provided
that issued it will be returned as soon as they finished in the State doľadujícím
acts of criminal proceedings, for the něľ person has been temporarily vyľádána.
Article 13.
Release limits.
1. A person can be released will not be stíhati or chastise was in the State of jemuľ
the release is enabled, or the soul to another State for other offences
before the release of committed than for that for which release has been enabled.
2. For other offences before the release will be stíhati,
or the soul chastise the person released only:
and the State), that issue has enabled, for this additional permission. This
permission, you cannot odepříti, jestliľe under this Convention applies
obligation to release these offences. The State which issued the offender
can ľádati to this permission was ľádáno in the form prescribed for the
ľádosti for the issue with the documents referred to in articles 4 and 5;
(b)) when the person has not left the territory of the State, jemuľ, was released through that
Nothing in that it does not hinder her, to 48 hours from the date when the criminal proceedings there
was completed, and in the case that has been condemned, the date on which the sentence was
There odpykán or pardoned or if returned there later.
3. the State, jemuľ was given the additional permission under paragraph 2 a), shall inform the
the State, which is the final result of the criminal proceedings and a certified copy of
the judgment.
Article 14.
The transit of criminals.
1. In the case of extradition between one of the Contracting Parties and the State
third, the ľádosti allowed the transit of persons through the territory of the other party
Contracting.
2. the provisions on the authorisation to issue apply to this transit.
3. The transit authorities will be made by doľadované in the manner and direction,
This specifies.
4. where a State Neprokáľe ľádavąí on the issue within one month from the date of
When it has been informed that he was enabled to that State, whose territory is the person
vyľádanou, to produce such a transit permit will cease to have agreed to the release of
the validity of.
TITLE II.
Article 15.
The provisions of vąeobecná.
Legal aid in criminal matters.
1. the Contracting Parties shall grant each other legal assistance in criminal
matters. In particular, can be doručiti files relating to criminal proceedings
persons who are found on their territory will set out to do tasks
vyąetřovací, as the hearing of witnesses and experts, the judicial inspection, examination,
seizure of things and to confer together writings and court evidence.
2. However, the convictions will not be delivered, and the summons to curlers from the
questioning people as defendants, which will be issued by the courts of a Contracting
přísluąníkům party against the other party. Also, you cannot vyslechnouti
přísluąníka a Contracting Party as of the accused on the second doľádání
party.
3. Doľádání for legal aid, which is sepsati in the language of the State
(start-up) doľadujícího State and the doľadujícího Office, however the seal
will be passed to the Ministry of Justice doľadujícího State directly
doľádaného State Department of Justice, or in the case of
vojenskotrestní management, nejvyąąí military judicial administration. The provisions of the
Article 5 of the translations also apply to the request and its annexes.
4. Discharge doľádání for legal assistance in criminal matters will become as
the laws of the State where the Act of ľádaný criminal procedure has to be carried out.
The protocols will not be translated into the language of the State (oficielního)
State doľadujícího.
Article 16.
Legal aid in criminal matters can be odepříti in those cases where the
According to the provisions of this Convention, the obligation to issue the prosecuted person.
Article 17.
Contacting and convert people, nacházejích on the territory of the other Contracting
State.
1. Where, in a criminal case, which is pending before the courts of one
the Contracting State required or ľádoucím to a witness or expert
located on the territory of the other Contracting State in person, and
obeąlou-if the courts of the State of the second is through the courts, he delivers
These summons, dajíce him at will, if it wants to vyhověti her or anything.
2. Expenses related to the personal appearance a witness or expert shall be borne by the State
doľadující. Been in the writ will be given the money that will be paid to the witness
or experts on the reimbursement of travel and residence, even above curlers from the backup that you state
doľádaný will be able to refund the State against doľadujícím vyplatiti obeslané
Once the declaring person that wants to subpoena vyhověti.
3. A witness or expert, and» přísluąí anywhere on the territory of the
one of the parties, which joins the summons referred to in paragraph 1
voluntarily present themselves before the courts of the other party shall not be prosecuted for it here
imprisoned for dřívějąí offences or convictions, under the pretext of
complicity in the offence that is the subject of criminal proceedings, in němľ
He performs.
4. the persons you cease, however, this advantage, if through no fault of their own do not leave the territory of the
doľadujícího State within three days from the time when their presence in
the Court was not able to be instances.
5. If the witness transferee under paragraph 1 in relation to the territory of the State
doľádaného can be ľádati for his delivery with a commitment that there will be what
first returned. Such a request will only be zamítnouti from závaľných
reasons, in particular if the transferee a prisoner expressly odporovati.
6. Under the terms of the above will also be allowed to transit back and forth
the territory of one Contracting Party the person who is in custody in the territory of a third
State, if the other Contracting Party in that it was built
face to face with the person prosecuted or slyąena as a witness.
Article 18.
Connection with the issue of things.
1. the authorities of both Contracting Parties shall issue to each other on request things,
jichľ the accused became a criminal offence or which click on factory reset to perform
evidence, and even if things are subject to these confiscation neb forfeiture.
2. If things Are the ones in the drľení of the accused at the time of its release, or transit,
in general it will be if, released at the same time with the person released. Will be issued and
then, if the accused does not bear been allowed to be carried out for his
death or escape. Release of goods will also vztahovati on the matters referred to
in paragraph 1, which the accused had hidden or uloľil in the State of the authorising
release and which were later vypátrány.
3. the rights of third persons to these things acquired shall remain unaffected; here
you will need to switch things doľádanému State after the trial
the criminal as soon as possible and without compensation.
4. the State which was doľádán on the issue of articles referred to in paragraphs 1 and
2, which is provisionally podrľeti, if it's that there will be a need for
the criminal proceedings. Which is also subject to předati that he will be témuľ
the purpose of the time granted, with a commitment that is returns as soon as
in General.
Article 19.
Disclosure of convictions and extracts from criminal records.
1. The Contracting Parties undertake that sdělovati each other's way
diplomatic kaľdých ąest months of rightful judgments condemning or
lifts from all pravoplatných of judgments, conditional sentences in this
pojímajíc, which will be issued to them by the courts against the přísluąníkům of the other party,
If they are registered under applicable regulations in their registries,
criminal or judicial.
2. the decision also pozdějąí 's, which applies to these convictions
and are written to the criminal or judicial registers.
3. The authorities of each of the contracting parties responsible for the registers of the criminal
or court, shall, without charge, to the authorities of the other party to have a direct
request information from the registers of criminal or judicial about the individual
cases.
Article 20.
The costs of legal assistance in criminal matters.
1. the Expenses caused by the release of doľádáním or other legal assistance in
criminal matters shall be borne by the Contracting Party in the territory of the jejímľ. Authorities
the Parties shall communicate to the side of the doľadující doľádané, however, payment of these expenses to
they can be vymoľeny from the person required to do so. Amounts as follows vymoľené
náleľí State doľádanému.
2. An exception is made, excluding the expenses referred to in paragraph 2 of article 17, expenses for
advice of any kind, expenditure incurred and curlers from the summons or
by showing people, which are found in relation to the territory of the doľádaného State.
These costs shall be borne by the State doľadující. Also seem to tíľi State
doľadujícího expenses associated with temporary release and return of persons referred to in
Article 12, they too can curlers from vzeąly průvozem and vydrľováním persons, jichľ
release or temporary release was permitted on the territory of the průchodních States.
TITLE III.
Article 21.
The provisions of the final.
1. this Convention, drawn up the Czechoslovak language and Estonian, both of the jejíľ
the texts are as original, shall be ratified and the instruments of ratification
in Tallinn will be replaced as soon as possible.
2. scope of the month will take after the exchange of instruments of ratification and shall remain in
If one of the Parties notifies the ąest months in advance
the other of its intention to make the scope of the Convention has ceased to be.
The conscience of the agents have signed this Convention and it its
Bake» me.
Done in duplicate at Tallinn, 17 May 1999. July of the year
tisícíhodevítistéhodvacátéhoąestého.
L. s. Dr. EMIL SPIRA m. p.
L. s. Dr. CHARLES F H m. p.
L. s. a. PIIP m. p.
The additional protocol.
Agents in the Czech Republic and the Republic of Estonia, podepisujíce
Convention on the extradition and legal assistance in criminal matters, have agreed to
is that the Contracting Parties have notified the authorities that náleľí lead index
criminal or judicial, and which are obliged to podávati přísluąné information, and
that you shall communicate the lists of border posts where the person will be issued by passed
or themselves, and the authorities competent to do so.
This Protocol shall form an integral part of the Convention.
The responsible agents signed this additional protocol.
Done in duplicate at Tallinn, 17 May 1999. July 1926.
Dr. EMIL SPIRA m. p.
Dr. CHARLES F H m. p.
A. PIIP m. p.
PROZKOUMAV © E, THE ADDITIONAL PROTOCOL TO THIS CONVENTION AND ANY ENDORSEMENT AND WE CONFIRM THE
IT is.
THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND BAKE TO HIM «THE REPUBLIC OF
THE CZECHOSLOVAK PŘITISKNOUTI DALI.
The CASTLE of PRAGUE, on PRA ® 8. FEBRUARY DEVÍTISTÉHO THE TWENTIETH ONE THOUSAND YEARS
The SEVENTH.
THE PRESIDENT OF THE REPUBLIC:
T. g. MASARYK in r.
MINISTER OF FOREIGN AFFAIRS:
Dr. EDVARD BEN © in r.
Vyhlaąuje with the fact that the instruments of ratification were exchanged on 23 December 2005. June
1927; According to the article. 21 of the Convention that the international scope of the month after
the exchange of instruments of ratification.
Dr. Beneą in r.
