68/1927
Convention
between the Czechoslovak Republic and the Republic of Latvia, on the issue of crimes
and legal assistance in criminal matters.
THE NAME OF THE CZECHOSLOVAK REPUBLIC.
THE NAME OF THE CZECHOSLOVAK REPUBLIC
And
THE REPUBLIC OF LATVIA
WAS NEGOTIATED THIS CONVENTION AND THE ADDITIONAL PROTOCOL:
Convention
between the Czechoslovak Republic and the Republic of Latvia on the issue
criminals and legal assistance in criminal matters.
The President of the Czechoslovak Republic and the president of the Republic of Latvia,
Desiring upraviti the legal relations between the two countries with regard to the
the issue of transport and criminals, as well as legal assistance in criminal matters,
they decided to agree about the Convention and name its designee:
The President of the Czechoslovak Republic:
Mr. Emil JUDra, Spiru
Trade Manager, Ministry of Justice and the
Mr Karl Halfara, JUDra
the Ministerial Council, the Ministry of Foreign Affairs
The President of the Republic of Latvia:
Mr Herman, Albata
the authorized Minister, Secretary General of the Ministry of
Foreign Affairs,
who vyměnivše his full power and shledavše is in good and proper
the form, they agreed on the following provisions:
TITLE I.
Article 1.
The extradition of criminals.
1. the Contracting Parties undertake to provide each other, on request, issue to the person
that are present on the territory of one of them and that they are prosecuted or were
convicted by ordinary courts of the other party for any offence
the Act, which can be povoliti the issue according to the laws of the requested Party, and
and if the laws of both States)-even if only in some parts of the territory of-him
impose a penalty on the freedom of at least one year or punishment
severe, or if the person has been sentenced for the same offence required to sentence the
the freedom of six months or longer to heavier penalty;
(b)) was a criminal offence has been committed outside the territory of the requested State;
(c)) if not his prosecution under the laws of the State of the requested right of its
its own judicial authorities.
2. the issue will also be allowed to attempt any of the above
a crime or for sympathy, if they are trestny according to the
both sides of the law.
Article 2.
1. the Contracting Parties shall not issue its own citizens of the State.
2. If a person has submitted the required in the State requested, an application for the grant of
citizenship, before the offense was committed, can be
decision on the application for the issue of deferred until execution of the request
the granting of citizenship.
Article 3.
The offences for which release cannot be allowed.
The issue will not be allowed:
and) for offences of political or related offences. The requested
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,
determined by the crime of murder (the killing of) complete or nedokonané, attempt to or
abetting this crime;
(b)) for the offences purely military nature;
(c)) for the offences, which are exclusively under the trestny laws on the press;
(d)) for offences against the laws of customs, tax and other laws
financial;
(e)) for the offences, which prosecution is přípustno only on the private proposal
the injured person, and may 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 one of the Contracting Parties, or by
the laws of the State where the crime was committed, before the accused was
arrested or summoned for questioning, or if it cannot be stíhati or punishment
result from other legal grounds;
(g)) if it is required by the person prosecuted in the requested State for the same offence
performance, or if there has been criminal proceedings against her stopped, or if the
given the reprieve, or if for the same offence judgment convicting or
liberating, but the laws of this State would have allowed reconstruction of the criminal
management due to the new circumstances.
Article 4.
The request for extradition.
1. the application for the issue of diplomatic in the way it is. Is it
připojiti either file the indictment, warrant, or other legal instrument to him
the Department built or condemning the factors against the required
to the person. In these papers is briefly there performance, his qualifications and the
připojiti to them a certified copy of the text of the criminal law of the requesting State,
which will be use to crime, as well as the Act of rate
the punishment.
2. In the case of offences against property, is there and the amount of damages
actually arising or the offender intended.
3. These documents is připojiti either in the original or in authenticated copy,
Court or any other competent authority of the State, on the issue of
asks. Under options, will be attached a description of the required persons, its
a likeness or other data, which may přispěti to establish the identity.
Article 5.
Which language will be used.
The Charter referred to in the preceding article is sepsati in the language of the State
(start-up) the party requesting in the form prescribed by the laws of the State
the applicant, however, and official seal. Is jim přiložiti in translation
State (start-up) the language of the requested State or in a language
French, which will be acquired or verified either by the competent authority or
an interpreter of the requesting State, be sworn either official, which is
affix your signature and your seal.
Article 6.
Additional clarification.
Emerge-if in doubt as to whether the offence that gave rise to the prosecution,
falls under the provisions of this Convention, the requesting State will be asked to
the clarification. The issue will be allowed only if the clarification of
nature, to remove these doubts.
Article 7.
Measures to ensure the release.
When the request for release of the documents referred to in articles 4 and 5,
the requested State will arrange everything you need to ensure that the person was required
and to prevent its escape, but should advance was the issue of
unacceptable.
Article 8.
Provisional arrest.
1. In necessary cases, may be required by the person provisionally arrested already
before submitting an application for the issuance of any notice sent by post
or cable, if it is revoked on the judicial warrant or
judgment and given offence at the same time. Such notification may be
sent to the Court or other competent authority of the State of the applicant
directly to the competent authority of the requested State.
2. the competent authorities of both Contracting Parties may even without such notification
provisionally zatknouti each person that was in Holocaust photo tracked on their territory and
is reported by the authorities of the other party or prosecuted in their respective
Police leaves 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 the requested
or the Office to which that person is, according to the communication published in the police
sheets or registers, and of being prosecuted at the place where the person
It is kept.
4. In the absence of the other Contracting Party within fifteen days after
notification in accordance with the provisions of the upstairs, the message that is sent will be sought for the
release of arrested person, that person may be released.
Article 9.
1. The arrested person may also be released, unless the application for its
with the release of the documents referred to in articles 4 and 5, within six weeks from the date when the
sent the message was about her arrest pursuant to paragraph 3 of the preceding
article.
2. It also will be possible to let the oppressed go zatčenou a person, if requested for
additional clarification under article 6 and run out of the State if this clarification
requested within a reasonable period, which the State requested. The time limit of this
can be extended to a justified request.
Article 10.
The request for the issue of different States.
1. the Requested contracting party next to another or several other States for
the release of the same person, the requested State may either State of the soul, which is
national or the State on whose territory the offence was committed.
2. If it is not among the States that are asking for the release of the State of which the person
is a national of a State, it can be requested on applications received zpraviti
from other States, which specifies a time limit of 15 days to declare
whether it intends to also stay on her release. The provisions of article 9, paragraph 1
It will also use his application for release. Otherwise, it will be required
person of the State on whose territory the crime is committed, the gravest
the crime, and if the actions as hard, the State of which the request for the issue has
as soon as possible.
3. The obligations that any contracting party to take previously to
other States, the following provisions shall remain unaffected.
Article 11.
When will be the release of deferred.
1. If required by the person being prosecuted or has been sentenced in the territory of the
of the requested State for an offence other than the one that gave rise to the
applications for the issue, or if there is from other causes in custody, release
odložiti to the time when the proceedings will be terminated and, in the case of a conviction the sentence
odpykán or pardoned, or binding, in which, for reasons other
completed.
2. This postponement will not defect, that it immediately on the issue decided.
Article 12.
The temporary release of the requested person.
If, however, the postponement of the issue referred to in paragraph 1, article 11 of
the law of the requesting State have banned either prescription or other serious
the harmful effects of criminal proceedings can be povoliti temporary issue
required by the person, if there is no serious objections against it and under the condition
that issued will be returned as soon as they will be finalized in the State requesting
acts of the criminal proceedings for which the person has been temporarily pulled from.
Article 13.
Release limits.
1. a person may not be prosecuted or released punished by the State, which was
the release allowed, or released to another State for other offences
before the release of committed, than for that for which it was allowed to release.
2. For other offences committed before the release, will be stíhati,
or the soul chastise the person released only
and if the State), that issue has enabled, additional permission. This
permission cannot be odepříti, if this Convention applies
the obligation to release these offences. State of the offender,
can to make this permission was sought, in the form prescribed for the
the request for the release of the documents referred to in articles 4 and 5;
(b)) when the person left the territory of the State, which was released through that
Nothing in that it does not hinder, in 48 hours from the date when the criminal proceedings there
was completed, and in the case that has been condemned, the date when the punishment was
There odpykán or pardoned or has returned there later.
3. the State, which was given additional permission under paragraph 2 and), shall communicate to the
the State, which is the final result of the criminal proceedings and the certified copy of the
the judgment.
Article 14.
The transit of criminals.
1. If the extradition between one of the Contracting Parties and the State
third, the application will be allowed to transit through the territory of the other party of this person
Contracting.
2. The provisions on the authorisation to issue apply equally to this transit.
3. The transit authorities of the parties will be made in the manner and direction, dožadované
This specifies.
4. Unless the State žádavší on the issue within one month from the date of
When he was informed that he was allowed, the State whose territory is the person
pull provézti, agreed to permit the transit shall issue
the validity of.
THE HEAD OF THE II.
Legal assistance in criminal matters.
The provisions of the General.
Article 15.
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, they set out to do the acts
the inquiry, as the hearing of witnesses and experts, the judicial inspection, examination and
seizure of things and předávati each other's writings and court evidence.
2. But they delivered convictions, as well as the summons to
the questioning of persons as accused persons, which will be issued by the courts of a Contracting
party against nationals of the other Contracting Party. Also cannot be vyslechnouti
a member of one of the Contracting Parties as the accused at the request of the second
the parties.
3. The request for legal aid, which is sepsati in the speech of the State
(oficielní) of the requesting State and the seal of the requesting authority, however,
will be passed to the Ministry of Justice of the requesting State directly
the Ministry of Justice of the requested State, or if the person
military-criminal proceedings, the Supreme Military Court Administration. The provisions of the
Article 5 of the translations apply also to the application and its annexes.
4. The execution of letters rogatory for legal assistance in criminal matters will happen according to the
the laws of the State where the desired action of criminal proceedings should be carried out.
The protocols will not be translated into the language of the State (oficielního)
State of the applicant.
Article 16.
Legal assistance in criminal matters can be odepříti in those cases where the
in accordance with the provisions of this Convention, the obligation to issue a prosecuted person.
Article 17.
Collecting and presentation of persons residing on the territory of the other Contracting
State.
1. Where, in the criminal case, which is pending before the courts of one
Contracting State, necessary, or desirable, to witness or expert
located on the territory of the other Contracting State, personally appeared, and
obešlou-if the courts of the State through the courts of the second, delivered him
These summons, dajíce him at will, if it vyhověti or anything.
2. Expenses associated with the personal appearance a witness or expert shall be borne by the State
the applicant. Already in the writ will be given the money that will be paid to the witness
or experts on the reimbursement of travel and residence, as well as the amount of the advance, which the State
the requested State will be able to refund the applicant against vyplatiti obeslané
as soon as this person declares that he wants the writ vyhověti.
3. A witness or an expert, whether it is for anywhere on the territory of the
one of the Contracting Parties on a summons referred to in paragraph 1
voluntarily appear before the courts of the other party, may be prosecuted by her
imprisoned for earlier crimes or convictions, under the pretext of
complicity in the offence that is the subject of criminal proceedings, in which the
He performs.
4. the persons you will, however, this leaves the own territory
of the requesting State within three days from the time when the presence of them in
the judicial instances should be not already.
5. If the transferee Is a witness in custody pursuant to paragraph 1 to the territory of the State
requested, can stay in his delivery with a commitment that there will be what
returned as soon as possible. Such a request will be zamítnouti only serious
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
the State, if the other Contracting Party that was built
face to face with the person prosecuted or talk soon as a witness.
Article 18.
Connection with the issue of things.
1. the authorities of both Contracting Parties shall grant each other's things on request,
which the accused took offence or which is used to perform the
evidence, even if subject to seizure or forfeiture of these things.
2. If things are those in possession of the accused at the time of its release, or transit,
will be issued, if possible, at the same time with the person released. Will be issued and
then, if the release of the accused be carried out already authorised for the
death or escape. The issue also will be vztahovati on the matters referred to
in paragraph 1, that the accused or imposed in the State hid the authorising
issue, and that were later vypátrány.
3. the rights of third persons to these things remain untouched acquired; here
must be one of those things to the requested State after the end of the proceedings
the criminal as soon as possible and without compensation.
4. the State which was dožádán on the issue of articles referred to in paragraphs 1 and
2, can carry on a provisional basis, if it is to consider that there will be a need for
the criminal proceedings. May is also předati with the proviso that he will be the same
the purpose of the time worked, and it is a commitment that is returns as soon as it will be
possible.
Article 19.
Disclosure of convictions and extracts from criminal records.
1. The Contracting Parties undertake that they will be each other's sdělovati way
every six months the diplomatic legal judgments, convictions or
lifts from all legal judgments, conditional sentences in it
pojímajíc, which will be issued to them by the courts against nationals of the other party,
If you are registered in accordance with applicable legislation in their registers
criminal or judicial.
2. also the subsequent decision, relating to those convictions
and they are written into the criminal or judicial registers.
3. the authorities of each of the contracting parties responsible for the registers of the criminal
or the Court shall give the other party the authorities free of charge on them 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 dožádáním of the issue or another legal aid in
criminal matters shall be borne by the Contracting Party in whose territory they arose. The authorities of the
the parties, however, shall notify the requesting Party of the requested amount of these expenses to
could be recovered from the person required to do so. Amounts recovered in this way
It belongs to the requested State.
2. The exception is outside of the expenses referred to in paragraph 2 of article 17 of the expenses for the
advice of any kind, as well as the expenses incurred by the summons or
in the event of persons are in custody in the territory of the requested State.
These costs shall be borne by the requesting State. Also seem to be charged to the State
requesting temporary expenses related to the issuance and return of the persons referred to in
Article 12, as well as those which are volunteers and transit operations holding persons concerned by
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 in accordance with Latvian, the language of the Czechoslovak and that both
the text of the original are the same, shall be ratified and the instruments of ratification
in Prague, 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 Contracting Parties has notified six months in advance
the other of its intention to make the scope of the Convention has ceased to be.
On the conscience of the agents have signed this Convention and it its
pečeťmi.
Done in duplicate at Riga, 6 December. July, year
tisícíhodevítistéhodvacátého sixth.
(L. S.) Dr. e. SPIRA in r.
(L. S.) Dr. CHARLES F H in r.
(L. S.) ALBAT in r.
The additional protocol.
Agents of the Czechoslovak Republic and the Republic of Latvia, podepisujíce
Convention on the extradition and legal assistance in criminal matters, have agreed to
that the Contracting Parties shall notify to the authorities, which belongs to the lead index
criminal or judicial, and which are obliged to podávati the relevant information, and
It shall communicate the lists of border posts, where they will be forwarded to the person issued
or přejímány, and the authorities competent to do so.
This Protocol shall form an integral part of the Convention.
On the conscience of the agents signed this additional protocol.
Done in duplicate at Riga, 6 December. July 1926.
Dr. l. e. SPIRA in r.
L. S. Dr. KAREL F H in r.
L. s. ALBAT in r.
PROZKOUMAVŠE AND THE ADDITIONAL PROTOCOL TO THIS CONVENTION WE ENDORSE AND CONFIRM
IT is.
THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC OF
THE CZECHOSLOVAK PŘITISKNOUTI.
In the CASTLE of PRAGUE, 8 December. FEBRUARY DEVÍTISTÉHO THE TWENTIETH ONE THOUSAND YEARS
The SEVENTH.
THE PRESIDENT OF THE CZECHOSLOVAK REPUBLIC:
T. g. MASARYK in r.
L. S.
MINISTER OF FOREIGN AFFAIRS:
Dr. EDVARD BENEŠ in r.
This Convention is that the instruments of ratification were exchanged
on 14 June 2004. April 1927; According to the article. 21 of the Convention shall take this international
the scope of the month after the exchange of instruments of ratification.
Dr. Edvard Beneš in r.
