76/1933 Coll.
Contract
between Czechoslovakia and Turkey on extradition and on legal aid
in criminal matters.
On behalf of the Czechoslovak Republic.
On behalf of the Czechoslovak Republic
and
the Republic of Turkey
This agreement has been negotiated with the final to registration:
(Translation.)
Contract
between Czechoslovakia and Turkey on extradition and on legal aid
in criminal matters.
The President of the Republic and the president of the Republic of Turkey
Desiring to establish a permanent Alliance agreement on the adjustment of extradition and legal assistance
in criminal matters, their agents:
The President of the Republic:
Mr. JUDra. Pavel Wellnera,
the authorised Minister and extraordinary Ambassador in the Ministry of
Foreign Affairs,
and Mr. JUDra. Anthony Looked,
the high Trade Union Council in the Ministry of Justice,
President of the Republic of Turkey:
Mr. Menemenli Numana Bey,
the authorized Minister of the I class, Undersecretary of State in the Ministry of
Foreign Affairs,
who, sdělivše your power of Attorney, and shledavše is in good and due
the form, they agreed on the following provisions:
Head first.
On the issue of transit and criminals.
Article 1.
The provisions of the General.
The High Contracting Parties undertake, with the exception of your own State's
nationals of each other, on request, be issued under the provisions of this agreement
persons who are prosecuted, or have been convicted by the courts (the authorities) of one of the
them and they are on the territory of the other.
Release for criminal proceedings or convictions will not be allowed but for the
a crime that was committed outside the territory of the State, that is to say on the issue of
asked.
Article 2.
Requests for extradition for prosecution, will be her only release,
If, according to the legislation of both States to crime, which gives it a
blame uložiti imprisonment of a duration of at least one year, or
heavier penalty.
Calls for the issue to pursue rightful judgment, will release
only enabled when vinník was lawfully controlling sentenced to freedom
in the duration of at least six months for the offence, which according to the legislation of both
States punishable by the penalty of freedom for at least the duration of one year or
a heavier penalty.
Article 3.
The release is allowed for the attempt or participation whether any form or nature,
If either attempt or participation punishable under the provisions of article 2 on the
the laws of the requesting and requested State.
Article 4.
For which crimes would not allow release.
The issue will not be allowed:
1. political offences or contiguous with such criminal acts,
but would a general offence, contiguous with the crime was political,
the increasingly serious, constituting the main offence. The attack on the life of the head
State or the life of the Prime Minister as well as the attempt and participation in these
criminal offences will not be considered acts of a political nature;
2. for purely military offences, if the offense punishable only by the laws of
military;
3. for offences exclusively modified the laws on the press.
On the nature of the victims in the cases referred to in the preceding calculation belongs
exclusively by the authorities of the requested State.
Article 5.
Each of the High Contracting Parties undertakes to not allowing a third State
the release of nationals of the other Contracting Party, if they are prosecuted or if they were
sentenced for any of the offences referred to in the preceding article.
Article 6.
Also will not be allowed to release:
1. If, in proceedings for the same offence before the authorities of the requested Party has been
the prosecution of the accused person stopped or ended if such criminal proceedings
lawful judgment, unless the legislation of the requested Party
the recovery of the organism of the criminal proceedings for the alleged new facts
The requesting party;
2. where the authorities of the requested Party according to their own laws, the competent
judge of the crime;
3. If the offence was committed on the territory of a third State and the rule of law State
the requested stíhati does not allow such Act, if it was committed in a foreign country;
4. If the acts of which someone is blamed, or the penalty imposed is
According to the law of a Contracting Party barred or extinguished at the time when
a request was made for the issue, or if other legal reasons in this
for a moment, that the requested person has been prosecuted;
5. If the injured person has not produced at all an action or proposal which is
According to the law of one of the Contracting Parties to establish criminal prosecution
for the Act, or if it is appealed.
Article 7.
On the request for extradition.
The request for the issue of the need to administer in the way of diplomatic. At the same time should be
připojiti to the application either judgment or indictment, arrest or
any other documents that has the same force and beheld in them
nature and shall be payable by an act which is blamed, its indications and the text of the
the criminal code, which applies in the territory of the requesting State and which is
use the offence for which it is, and that gives the sentence that has a performance in
then banned.
If the documents are not attached to the application for the release of provisions
the preceding paragraph, the Court of the requesting State shall enclose the Charter, which
contains the necessary information and provides the text of the aforementioned law verbally.
In the case of offences against property, should always be equal to the actual model reference number,
damages or damages that the offender intended to způsobiti.
Of the Charter, which should be předložiti, sepsati must be in the form set out the legal
the order of the requesting party. Must be verified by the diplomatic representative of the
of the requesting party and accompanied by a translation in the language of the requested Party or in
the language of French, which verifies the either the diplomatic representative of the parties
the applicant or a sworn translator By the requesting or requested.
If the data is not sufficient in the submitted documents, to make possible
on the matter under the laws of the requested Party, be it on demand
doplniti.
If there are doubts as to the identity of the person, is also to be předložiti
the evidence.
8.
On measures to end the issue.
When the request for release and does not seem to release in advance
unacceptable, do without delay the measures necessary to ensure
the performance issue. The person arrested must ponechati in custody until then,
When a decision on the request for the issue, and, if enabled, to release
in its implementation, but the request was withdrawn in a diplomatic way.
If it is necessary to zabaviti mail or telegram, or however
information about the delivery of them or their content to a person who has
to be arrested, was the seven liberal arts, according to the legislation of the requested State
company from the requirement of official, what should be.
The person, whose extradition is sought will be able to be released on the
freedom, if not the additional clarification that this is article 7,
delivered to the requested State within two months, reckoned from the date when
the application for them was committed to diplomatic representatives of the requesting State.
Article 9.
The provisional arrest.
Person, whose extradition will be sought, even on a provisional basis shall be zatknouti
before a request was made for her release, asks of its provisional
arrest and does not seem to release is already unacceptable. For the interim
the arrests have to insist in the way of diplomatic; in cases of extremely necessary
It shall report to the competent authorities of the requesting party directly to the Consul the second
Parties that the arrest has realized.
If necessary, you can povoliti the provisional arrest and for a declaration of
even the Telegraph is the conviction, warrant or
any arrest warrants equivalent to the Charter, if the statement given the nature and
gravity of the crime, which is blamed. However, such a statement must be in the
15 days confirmed the diplomatic or the requesting authority konsulárním
Party.
The person who has been provisionally arrested may be released,
If there is no request for her release within two months after the arrest, the day of the arrest
in this nepočítajíc.
Article 10.
About the postponement of issue and on the temporary release of the person.
If the person is being prosecuted or has been sentenced by the courts if (authorities)
requested Party for a different offense than the one for which it is requested for the issue, will be
You can odložiti her issue apart from the decision on the application for the issuance,
to stand immediately up to that time, when the criminal proceedings will be completed
and the penalty imposed either executed or pardoned.
If it takes place before the courts (authorities) of the requested Party for any other reason
than for violation of criminal laws and requires the presence of a forced or
the person, the binding can also be odložiti the release up until that point,
When the procedure or binding ends.
However, the temporary surrender of the accused will be allowed on the condition that
issued by the person will be returned as soon as the criminal proceedings in the requesting State
It will be done, when, according to the law in force in the State, who demands for
the issue, he could have deferred in the wake of either prescription or other serious difficulties
for the prosecution of the accused and if it is not on the resistance of special reasons.
To release the person, even though she was prevented from release
' the commitments it made to third persons; These persons shall
However, you retain the right to uplatniti their claims before the competent court
(the Office).
Article 11.
Applications for the issue of the conflict.
Calls to another or several other States for the same offence for
the release of the person whose extradition is sought by one of the parties, the person will be
the released state of which is a national.
Calls to another or several other States for other offences under the
the release of the person whose extradition is sought for one of the parties, the person will be
the first released of the State on whose territory he has committed the gravest
the offence and if the acts are just as hard, the State of which he is
a national.
If the person is not being pursued by a national of a State, the applicant for
the release will be released, with respect to the offences as hard, the one whose
the request to the requested State. Is the consensus that the chargeable
the criminal offence should be on according to the laws of the requested State.
Article 12.
About how to perform.
If the release is enabled and if the person to be extradited, be
conveyed by land for the territory of the requested State, will be conveyed to it
the border post, which will be determined before the agreement with a third State,
that shall permit the transit as soon as will ensure that there will be taken.
If it is right to stand by sea, will be issued to a person conveyed in that
the port where the requested State has to be naloděna.
If the requesting State is looking after his party, the person in
whose extradition has been requested, delivered within three months of the date on which it was
announced the release, you can enable a person to freedom of propustiti here.
Article 13.
A connection with things.
The case, which accused the offence took possession, on things that have been
seized with him, resources and tools that were used to perform the
the offence, and all the other things in the world will be in accordance with the decision of the
the competent court (the Office), and subject to the rights of third persons committed
the Government, which asked for the issue, at the same time with the person accused, and even
If it cannot be permissible to produce such a release just because vinník died
NEB fled.
Such commitment also extends to all things of the kind that
the accused or the State stored in the hid, which permits release, and would
only later were found.
State which has been requested to issue these things can for now
zadržeti, it is required for any criminal proceedings; It can also
When they handing him to vyhraditi the same goals have been returned,
It undertakes to, that is, itself, in turn, will issue, as soon as you can.
Article 14.
About transit.
The provisions of articles 1 to 7, 10 and 13 of the extradition of criminals also applies to transit
people that have been issued by the State to a third of one of the Contracting Parties, or
to be issued or issued back to that State and transported through the territory of
the other party, as well as on the transit by sea and ships them to each party.
Transit authorities of the requested Party shall be carried out in a way that her best
suits.
Article 15.
On the limitation of prosecution issued by the person.
In the State, whose release was allowed, the person cannot be released or stíhati
or even the soul chastise a third State for an offense committed prior to the
the release, if no release for this offence enabled or if
The Party requested the consent to criminal prosecution or conviction.
Declares the released person in the case referred to in the first paragraph, that
agrees that the work will continue in the criminal proceedings, or with your
condemnation, can insist on consent of the requested Party so that it connects to the
This application it statement. If in such a case, the requested Party
his consent or unless that statement she announced,
necessary to insist for consent under the same formalities as when applying for the issue of
and consent may be denied for the same reasons as its own issue.
Article 16.
Limitation of prosecution or conviction, issued by a person referred to in
the previous article, shall not apply if the released person from their own guilt
do not leave the territory of the other party within 30 days thereafter, when it was finally
released, or if opustivši this territory there again
Returns or there will be reissued or if a person issued by the said
before their first release to the competent authorities of the requested Party, that
agrees that was released without the formalities of release, and if
the requested Party shall advise the requesting Party.
Article 17.
On the cost issue and transit.
The costs associated with the arrest, binding and holding persons for whose
the issue or the provisional arrest was applied for, and the costs of transport, such
people to the border station of a third State, which was intended for his
a receipt, or until its shipment, to be borne by the requested Party. The same thing
paid on the costs associated with the seizure and custody of things seized in the
the arrest and the charges associated with the transport of things that have to be
committed at the same time with the person you want.
If it is a transit or temporary surrender, the cost for the binding,
upkeep and transportation of persons and for the transportation of articles which will be disposed of
with her, replaced by the requesting Party.
The head of the second.
On mutual legal assistance of the courts (the authorities) in criminal matters.
Article 18.
The provisions of the General.
The Contracting Parties undertake to provide each other upon request also outside
the case of the release of criminals from legal aid in any criminal case, which
It is before the courts (authorities) of the other party.
Article 19.
Delivery of files and the performance of the request for legal assistance in criminal matters.
Courts (authorities) of the Contracting Parties will be dopisovati's in the way of diplomatic
in all, as far as the delivery of files and presentation of the request for legal
assistance in criminal matters.
Article 20.
Delivered to the writings and letters rogatory for legal assistance to be however a translation in
the language of the requested Party or to the French language, a certified
diplomatic representative of the requesting party or sworn interpreter
Parties requesting or requested.
Article 21.
Delivery, Supreme and the request for legal aid will be made according to the
the law of the requested State.
The requested State shall send in the diplomatic path the instrument of delivery and implementation
on the execution of letters rogatory for legal assistance or notify the reasons which are the
the obstacle.
Article 22.
The performance of the delivery and request for legal assistance can be odepříti only:
1. If it is not proven the authenticity of the Charter;
2. If the delivery performance does not belong, or request for legal assistance in the requested
the powers of the judiciary to State;
3. If the State on whose territory the dojíti to performance, such that
his public order or threaten his own public law;
4. in the case of a national of the requested State prosecution that is not on the
the territory of the requesting State;
5. If the Act that is the subject of criminal proceedings, criminal according to
the laws of the requested State or where the nature of the political or military or
If it is not permissible for him to release;
6. If the conviction delivered by a national of the State issued against
of the requested;
7. If the delivered writ threat accused persons that does not appear to,
an order will be issued to him the demonstration or a warrant, or if the
subpoena a witness or expert in the legal consequences, if not, whether
they have the nature of a penalty or consist in the obligation to nahraditi costs or
whether it's the demo order or warrant.
If the requested court (authority) the competent, has the obligation to official
fell for letters rogatory for legal assistance to the competent court (the Office of) the same State
According to the principles laid down by its law.
Article 23.
Legal aid provided for in article 18. it applies to the delivery of
any documents in the proceedings or judgments, on the performance of the request for legal
assistance from the interrogation of the accused, witnesses or experts, or the local examination.
It also applies to decisions to make at the request of courts
of the requested State, if it is to be carried out on the territory of the requested State
whether personal or residential inspection or seizure of corpora delicti or things
connection with.
Legal aid is also covered by the communication connection with things and documents,
that are in the possession of the judicial courts (authorities) of the requested State, if it
applied for, with the condition that it will be returned as soon as possible.
The above addressed letters rogatory for legal aid will be granted, without prejudice to Regulation
Article 2, if there are special reasons to the obstacle.
Of article 24.
About contacting and appearance people located in the other State.
If, in criminal proceedings necessary personal attendance of a witness or
experts, will be notified before the Court (authority) delivered in the way of diplomatic and
delivered by the requested State, unless special reasons on the obstacle.
These courts (authorities) is obeslané the person asks if it is willing to vyhověti
decision.
In the writ to be beheld that the amount that will be paid as a substitute
the costs of travel and stay, and the amount of the advance on the total amount you
the requested State may offer witnesses or experts, subject to him
the requesting State will be replaced.
A witness or expert, without distinction of nationality, if it is willing to
dostaviti before the Court (the Office of) the requesting State may not be prosecuted or
arrested even for earlier crimes or convictions or because it is
suspected of engaging in acts that are the subject of criminal proceedings in
where was the interrogation as a witness or expert. However, shall cease to be
the benefits of it, within eight days after the courts declared that his
the presence in court is no longer needed, and when his departure may
dojíti without obstacles.
If a person whose presence is requested in the second State in custody, can be
požádati this State to temporarily loaned to the commitment that will be
returned as soon as possible. In this case, requires the consent of this also
the person is not a national of a State to the applicant.
Article 25.
On the costs of legal assistance in criminal matters.
The cost of legal aid and the cost of returning people and things
have been committed only temporarily, to be borne by the requested State, if it resulted in the
on its territory.
A charge on the State of the requesting measures caused by the costs of the expert
good appearance and coin paid obeslaným to witnesses pursuant to article 24.
Article 26.
Subscribe to the judgments of convictions.
He was a member of one of the Contracting Parties on the territory of the other condemned for
an offence for which a sentence is at liberty, is this Page
required to zaslati excerpt from the judgment of the Court (the Office of) the State of which
a member is convicted, within a period of six months from the date on which the
the decision came into force.
The head of the third.
27.
On the legal information and certification of statutory regulations.
Each Contracting Party shall bear, if so requested by the Court (the Office)
the other party in the way of diplomatic, the texts of the laws in force on the
the territory, as well as any other necessary legal information.
In the application must be exactly indicate the legal question, about which they are to be made
information.
Chapter four.
The provisions of the final.
Article 28.
This agreement shall be ratified and the instruments of ratification shall be exchanged in
Ankara as soon as possible. Shall take effect three months after replacing the
instruments of ratification and shall remain effective even six months after the date on which the
vypověděna will be one of the High Contracting Parties.
The responsible agents referred to above have signed this agreement.
Done in duplicate at Prague on 22 November. of August, one thousand nine hundred
30.
L. s. Dr. Wellner in r.
L. s. Dr. K.r. in r.
L. s. m. Numan v. r.
The Protocol of signature.
Přistupujíce to sign a Czech-Turkish Treaty from the date of
extradition agreed subscribers agents on the following provisions:
To article 2. Is the consensus that the agreement between legal discovery
the legislation of both Contracting Parties in the determination of the conditions of the release it is
stand with regard to Czechoslovakia, in accordance with the law of that
apply on the territory of the Czech Republic, where it has control of konati
release.
This also applies in all where the contract refers to the legal order of the Czechoslovak
of the Republic.
On article 7, paragraph 1. III. the two parties agree that the cancellation of the formalities for
verification of the judicial records can be the subject of a special agreement between the two
Governments, if it is found to be desirable.
To article 9. Consensus is that any of the High Contracting Parties,
If the Court finds it appropriate, it may insist on the cancellation of the jurisdiction of the konsulů for
the request for provisional arrest and that then becomes again the validity of the principle of
the General Law on the admissibility of a diplomatic path to the exclusive.
To article 11. The provisions of this article are without prejudice to the obligations
which one of the High Contracting Parties took upon themselves to other
States before signing the contract, of today's date.
Done in duplicate at Prague on 22 November. of August, one thousand nine hundred
30.
Dr. Wellner in r.
Dr. K.r. in r.
M. Numan v. r.
Prozkoumavše this agreement with the final endorsement of the registration and
We confirm them.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
Prague Castle on 29. one thousand years of the 30th of may, devítistého
the first.
The President of the Republic:
T. g. Masaryk in r.
L. S.
Minister of Foreign Affairs:
Dr. Edvard Beneš in r.
Is that the instruments of ratification were exchanged in Ankara on
on March 6, 1933, so the agreement is in accordance with article 28. International
the effectiveness of day 6. June 1933.
Dr. Edvard Beneš in r.
