102/1984 Coll.
DECREE
Minister of Foreign Affairs
of 24 July 2003. July 1984
the Convention on offences and certain other acts committed on board
aircraft
On 14 June 2005. September 1963 in Tokyo was negotiated the Convention on offenses and certain
other acts committed on board aircraft.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the instrument of accession of the Czechoslovak
the Socialist Republic to the Convention on offences and certain other acts
committed on board the aircraft was deposited with the International Organization for
Civil Aviation, depositary of the Convention, on July 23. February 1984.
Convention entered into force, pursuant to article 21, paragraph 2. 1 day 4.
December 1969. For the Czechoslovak Socialist Republic entered into
into force in accordance with its article 22 paragraph 1. 2 day 23. May 1984.
Czech translation of the Convention shall be published at the same time.
First Deputy:
Rehorek v.r.
CONVENTION
on offenses and certain other acts committed on board aircraft
States parties to this Convention, have agreed as follows:
Title I Of The
The scope of the Convention
Article 1
1. this Convention shall apply to the
and criminal offences under the criminal) law;
b) offences, regardless of whether they are criminal acts or not,
may jeopardize or threaten the safety of the aircraft or of persons or property in the
the aircraft, or which jeopardize good order and discipline on board the aircraft.
2. Subject to the provisions of title III of this Convention shall apply to criminal and
other acts committed by a person on board an aircraft registered in a Contracting
State, in flight, or at the time when the aircraft is on the surface of the open sea or
in an area that is not the territory of any State.
3. for the purposes of this Convention is considered to be aircraft with the aircraft in flight from the
When it is used for the purpose of take-off power, to the point where it ends
ease when landing.
4. this Convention shall not apply to aircraft used for military purposes,
Customs or police.
Article 2
Without prejudice to the provisions of article 4 and except in cases where it
requires the safety of the aircraft or persons or property on board, the
No provision of this Convention has been interpreted as that authorizes or requires the
any measures in cases of criminal offences under the criminal law,
that have a political nature, or based on racial or religious
discrimination.
Title II
The jurisdiction of the
Article 3
1. the State of registration of the aircraft is competent to exercise jurisdiction in
the matter of penalty and other offences committed on board the aircraft.
2. Each State party shall take the measures necessary to ensure that as
State registration exercised his jurisdiction over offences
committed on board an aircraft registered in its register.
3. this Convention shall not exclude the criminal jurisdiction exercised in accordance with the
national law.
Article 4
A Contracting State which is not a State of registration, will not interfere with the operation of
aircraft in flight in order to exercise its criminal jurisdiction in the case of
a criminal offence which has been committed on board an aircraft, unless the
any of the following cases:
and) the offence occurred in its effects on the territory of that State;
(b)) the offence was committed against a citizen or citizens of that State, or
a person who has a permanent residence;
(c)) the offence is directed against the security of the State;
(d) the criminal offence are broken) rules or regulations about flying or
control of the aircraft is valid in this State;
(e) the exercise of the jurisdiction) is necessary to ensure
the fulfilment of the obligations arising for the State of the multilateral international
of the Treaty.
Title III
The permission of the Commander
Article 5
1. the provisions of this title shall not apply to criminal and other acts committed
or the upcoming person on board an aircraft in flight in the airspace
State registration of or above the sea or other areas, which is not
the territory of a State where the last place or next take-off
instead of the intended landing is not on the territory of another State than the State
registration, or if the aircraft does not fly the airspace of another State,
than the State of registration, with that person on board.
2. Notwithstanding the provisions of article 1, paragraph 3 shall be for the purposes of this
the head of the aircraft seen as the aircraft in flight from the moment they are
all exterior doors after loading of the aircraft, to the point where some of the
these doors open for the purpose of unloading. In the case of an emergency landing
the provisions of this title shall continue to apply to criminal and other offences
committed on board the aircraft to the point where the competent national authorities
take responsibility for the aircraft, persons and property on board.
Article 6
1. If the Commander Has serious grounds for considering that a person
committed or is about to commit a crime or other offence referred to in article
1 paragraph 1, in respect of this person to make reasonable measures including
restrictions which are necessary:
and) to protect the safety of aircraft or persons or property on the plane, or
(b)) to the maintenance of good order and discipline on board, or
(c)), to such person or transmitted to competent authorities
be discontinued in accordance with the provisions of this title.
2. The Commander may save other members of the crew or to entrust the
as well as may ask or instruct passengers, but not from them
require to help him during the detention of the person whose freedom is entitled to
limit. Each crew member or passenger may also do so without
all reasonable measures of such delegation has serious grounds for
believe that such action is imminent, inevitable to protect
the safety of the aircraft or persons or property on the plane.
Article 7
1. The measures taken by the detention of a person referred to in article 6 shall be exercised
only the landing sites except when
and such a place) is located on the territory of a non-Contracting State, and the authorities of this
the State will not allow this person to get off or when it was referred to in article 6
paragraph 1 (c)) made for the purpose of surrender of such a person
to the competent authorities;
(b)) the plane lands and the Commander made an emergency cannot pass such a
person to the competent authorities;
c) such person agrees with another shipment from this point when you made
restrictive measures.
2. the master of the aircraft on board which is a person subject
restrictive measures pursuant to the provisions of article 6, shall notify as soon as possible and
If possible, before landing on the territory of the State authorities of that State, that
on board the aircraft is the person subject to the restrictive measures and shall inform the
the reasons for such measures.
Article 8
1. The Commander may be discontinued on the territory of any State in which the
the plane lands, each person, which has serious reason to believe that
committed or is about to commit the offence referred to in article 1, paragraph 1 (b)),
If it is necessary for the purposes set out in the provisions of articles 6
paragraphs 1 and) or (b)).
2. The Commander shall notify the authorities of the State in whose territory the person planted in
accordance with the provisions of this article, the withdrawal of a person and its
reasons for it.
Article 9
1. The Commander may forward to the competent authorities of any Contracting
the State on whose territory the plane lands, each person, which has serious
reasons to believe that the offence committed on board the aircraft, which is based on
his opinion, a serious offence under the criminal law of the State
registration of the aircraft.
2. the master of the aircraft on board which is located the person, which it intends to
pass in accordance with the preceding paragraph shall notify as soon as possible, and if
as possible before landing on the territory of a Contracting State, the authorities of that State
of its intention to pass them this person and the reason for the transfer.
3. The Commander shall provide the authorities to whom passes in accordance with
the provisions of this article of the suspected offender, evidence and information,
at its disposal, in accordance with the law of the State of registration of the aircraft.
Article 10
The Commander or other members of the crew, the passenger, the owner or
the aircraft operator, or person for which a flight has been executed, you cannot
no way held liable for the treatment of the person against whom it was
measures taken in accordance with the provisions of this Convention.
Title IV
Unlawful seizure of aircraft
Article 11
1. If any person, being used on board an aircraft in flight has unlawfully
violence or threats of violence to interfere with the operation of the aircraft, the seizure of
aircraft or other wrongful exercise of control of an aircraft in flight
or threatens to commit such an Act, the Contracting States all
the necessary measures to ensure that control of the plane has been recovered to the creditor
the Commander or to maintain this control.
2. in the cases referred to in the preceding paragraph, a Contracting State so permits, to
whose territory the plane lands, the passengers and crew to continue their
the way if possible, as soon as possible and return the plane and its cargo
the legitimate holders.
Title V Of The
The rights and obligations of States
Article 12
Each Contracting State permits the Commander, registered in another
Contracting State, any person should be discontinued in accordance with the provisions of article
8 (1).
Article 13
1. Each Contracting State by any person, which takes the Commander
drop in accordance with the provisions of article 9, paragraph 1.
2. If a State party becomes aware that the circumstances justify, taking into
binding or other measures shall ensure that the presence of any person suspected
of committing the offences referred to in article 11 (1) and every person you
took over. Binding and other measures shall be governed by the laws of the said
the State, however, may last only for a period which is necessary to begin
criminal proceedings or proceedings for the issue.
3. Each person who is in custody under the preceding paragraph, the
the opportunity to immediately teamed up with the nearest appropriate representative of the
the State of which he is a national.
4. Each State party, which is passed to the person in accordance with the provisions of the
Article 9, paragraph 1, or in whose territory the aircraft will land after committing
the crime referred to in article 11, paragraph 1, it shall make preliminary immediately
fact finding.
5. When taking the State in accordance with this article the person into custody, it shall inform the
State of registration of the aircraft immediately, the State of which that person is
national, and if it considers it appropriate, any interested
the State of the fact that such person is in custody and of the circumstances
qualifying to her custody. State, that carries out preliminary
the discovery of the facts referred to in paragraph 4 of this article, they shall forthwith communicate
its findings to the said States and shall indicate whether it intends to exercise judicial
the power.
Article 14
1. If a person planted in accordance with the provisions of article 8 paragraph 1
or passed in accordance with the provisions of article 9, paragraph 1 or planted by the
after committing the crime referred to in article 11, paragraph 1, cannot or
does not wish to continue along the path, and if the State refuses this landing sites
person, it may accept this State if the person concerned is not his
national or has no permanent residence in its territory, return to the territory of the
the State of which he is a national or in whose territory he permanent residence
or on the territory of the State, which started their journey by air.
2. Withdrawal, transfer, custody or other measures referred to in
Article 13, paragraph 2, nor the return of the person concerned cannot be considered valid
admission to the territory of a Contracting State in respect of its
legislation governing the entry or admission of its
territory. The legislation of the Contracting State, governing the expulsion of people from the
within its territory the provisions of this Convention are not affected.
Article 15
1. subject to the provisions of article 14 would be able to each person who has been
planted in accordance with the provisions of article 8 paragraph 1 or that was
passed in accordance with the provisions of article 9, paragraph 1, or that was
planted after an act referred to in article 11, paragraph 1, and which
wishes to continue in the path to travel as soon as possible to any
the place of their choice, if its presence does not require legal order
the State of landing sites for the purpose of criminal proceedings or issue.
2. Without prejudice to the legislation of a Contracting State, the Governing
entry and admission to its territory or releases or expulsion from its
the territory of each Contracting State shall provide to the person, which was within its territory
planted in accordance with the provisions of article 8, paragraph 1, or that
She performed and is suspected of having committed a crime referred to in article 11
paragraph 1, treatment no less favourable, in terms of its protection and
security, than what its in similar cases provides members.
Title VI Of The
Other provisions of the
Article 16
1. Crimes committed on board an aircraft registered in a Contracting
for the purposes of the State will be treated as if they occurred
not only in the place of the crime, but also on the territory of the State of registration of the aircraft.
2. Without prejudice to the provisions of the preceding paragraph, no
the provisions of this Convention may be interpreted as acknowledging a commitment issue.
Article 17
The Contracting States shall take measures for the purpose of investigation, detention
or other exercise of jurisdiction in relation to criminal offence
committed on board the aircraft, will pay due attention to the
Security and other needs of air navigation, and to act so that the
do not cause unnecessary delay of the aircraft, passengers, crew or
cargo.
Article 18
If the Contracting States creates a common organisation operating
transport or international operational organizations that will operate
aircraft registered in any State, these States shall designate, as appropriate,
the case between themselves state that for the purposes of this Convention will be considered
State of registration, and inform the International Civil
Aviation, which shall notify this information to all Contracting States to this Convention.
Title VII
Final provisions
Article 19
The date of its entry into force in accordance with the provisions of article 21 of the
This Convention shall remain open for signature by all States which are
the date the members of the United Nations or any of its professional
the organization.
Article 20
1. this Convention is subject to ratification by the signatárními States in accordance with their
ústavněprávními regulations.
2. the instruments of ratification shall be deposited with the International Organization for
civil aviation.
Article 21
1. as soon as twelve signatárních States have deposited their instruments of ratification,
the Convention will enter into force between them on the ninetieth day after the deposit of the twelfth
ratification of the Charter. For the State, which it will ratify later,
the Convention shall enter into force on the ninetieth day after the deposit of its instrument of ratification
of the Charter.
2. as soon as this Convention enters into force, it will be registered
through the International Civil Aviation Organization for
the Secretary-General of the United Nations.
Article 22
1. this Convention after its entry into force is open to access
each Member State of the United Nations or any of its
professional organization.
2. access is effected by the instrument of accession with the international
Civil Aviation Organisation and shall take effect on the 90th day after the
This store.
Article 23
1. Any Contracting State may denounce this International
Civil Aviation Organization.
2. Denunciation shall take effect six months from the date on which the International
Civil Aviation Organization receives the notification.
Article 24
1. any dispute between Contracting States concerning the interpretation or application of this Convention,
that cannot be resolved by negotiation shall be submitted, at the request of one of the
them to the arbitration hearing. If the parties within six months from the date of
submission of the application will not be able to agree on the Organization of the arbitration, the
any of them to submit the dispute to International Court of Justice, in accordance
with its Statute.
2. any State may declare at the time of signature or ratification of this Convention
or when you access it, that does not feel bound by the provisions of the previous
paragraph. The other Contracting States shall not be bound by this provision to
a State which has made such a reservation.
3. any Contracting State which has made a reservation under the preceding paragraph,
It can be withdrawn at any time by notification to the international civil
Aviation.
Article 25
With the exception of the provisions of article 24 of this Convention cannot be made no
the reservation.
Article 26
The International Civil Aviation Organization shall notify all the Member States
The United Nations or of any of its specialized agencies:
and each signature of this Convention), and its date;
(b)) the deposit of any instrument of ratification or instrument of accession, and the
the date;
(c)) date of which the Convention shall enter into force under the provisions of article 21 of the
paragraph 1;
(d) the receipt of each notice of dismissal) and his date;
(e)) the acceptance of any declaration or notification in accordance with the provisions of article 24 of the
and its date.
In witness whereof, the undersigned, agents, authorised to do so,
have signed this Convention.
Given in Tokyo the day fourteenth of September in the year one thousand devítistého 60th
third in three original copies in the Danish,
French and Spanish.
This Convention shall be deposited with the International Civil Aviation Organization,
where it will remain open for signature in accordance with the provisions of article 19;
the said organisation shall send certified copies thereof to all Member States
The United Nations or any of its specialized agencies.
