31/1959 Coll.
DECREE
Minister of Foreign Affairs
of 30 March 2004. April 1959
the Treaty between the Czechoslovak Republic and the people's
Republic on legal assistance in civil, family and criminal
Change: 1/1996.
On 25 April. October 1958 in Prague was negotiated, the Treaty between the Czechoslovak
Republic and the Romanian people's Republic on legal assistance in matters of
civil, family and criminal matters.
The National Assembly to take effect with the Treaty, the assent of 11 June 2002. December 1958
and the president of the Republic has ratified it on 26 April. February 1959. Instrument of ratification
the instruments were exchanged in Bucharest on 20 April. March 1959.
According to article 79, the Treaty came into force on 20 April. April 1959.
The Czech version of the Treaty shall be designated in the annex of the laws.
David v.r.
CONTRACT
between the Czechoslovak Republic and the Romanian people's Republic on legal
assistance in civil, family and criminal
The President of the Czechoslovak Republic
and
Grand National Assembly Presidium of the Romanian people's Republic
guided by the wishes of the most consolidate friendly ties between the two countries and
Nations and develop cooperation in the field of legal relations decided to close
agreement on legal assistance in civil, family and criminal matters, and to
this purpose, the name of its designee:
the President of the Czechoslovak Republic
Dr. Václav damage
the Minister of Justice,
Grand National Assembly Presidium of the Romanian people's Republic
Vasile Dumitrescu,
the Deputy Minister of Foreign Affairs,
who vyměnivše Attorney's and shledavše is in good and due form,
They agreed on this:
PART I
General provisions
Article 1
The legal protection of
1. citizens and legal persons (hereinafter referred to as "citizens") of one Contracting Party
shall enjoy in the territory of the other Contracting Parties the same legal protection as the
its own citizens.
2. citizens of one of the Contracting Parties shall have free and unimpeded access to
courts and prokuraturám (hereinafter referred to as "judicial authorities"), as well as to other
the authorities of the other Contracting Party within whose jurisdiction includes things the criminal,
can in front of them stand out and make proposals and actions under the same
conditions as the citizens of that Contracting Party.
Article 2
The provision of legal aid
1. the judicial authorities of both Contracting Parties in criminal matters provide
each other legal assistance.
2. the judicial authorities providing legal assistance and other authorities, to which the
the powers include the matters referred to in paragraph 1.
Article 3
How to contact
1. the provision of legal assistance to the judicial authorities of both Contracting Parties,
come together through their central authorities, if in this contract
There is something else.
2. the repealed
Article 4
The scope of legal aid
The Contracting Parties shall provide each other with legal aid implementation
the individual procedural acts, in particular the provision, drawing up and
sending of documents, conducting searches and seizure, by sending and
issuance of factual evidence and the evidence adduced by the experts of the witness
the accused, witnesses, expert witnesses, parties or other persons, the implementation of local
an inspection, as well as the service of documents.
Article 5
The language used in the provision of legal aid
1. the judicial authorities and other authorities of the Contracting Parties to use in mutual
relations of their language or Russian language.
2. documents attached to the application for legal aid must be
accompanied by a certified translation into the language of the requested Contracting Party.
3. the processing of the application for legal aid shall be made in the language
the requested Contracting Party.
Article 6
Content of the request for legal aid
The application for legal aid shall contain the following information:
the requesting authority);
(b) the designation of the requested judicial authority);
(c)) description of the case, in which legal aid is sought;
(d)) first and last names of the participants, the accused, defendants or
the convicts, their nationality, profession and place of residence or stay;
for legal persons name and address;
(e)) the names, forenames and addresses of its representatives;
(f) the necessary information about the subject matter) request and in criminal matters, as well as a description of the
scene of the crime.
Article 7
Method of processing
1. when examining an application for legal aid it requested
the Office of the law of its State. On request, the requested authority shall use the
regulations on the management of the requesting contracting party, if they are not in conflict with
the laws of his State.
2. If the requested authority competent for the execution of the request, it shall refer
the request ex officio to the competent authority, and shall at the same time it
the requesting authority.
3. If the requested authority will be asked to do so, it shall inform the requesting authority in a timely manner,
When and where will the request for the grant of legal aid.
4. After the execution of the request, the requested authority to the applicant authority shall send to the competent
the document. If legal aid could not be granted the requested
the Office shall refund to the applicant the documents of the authority and at the same time it shall inform the obstacles
to prevent the execution of the request.
Article 8
Form of documents
Documents that are sent on the basis of this agreement, will be provided with a
an official seal.
Article 9
The integrity of the witnesses and experts
1. A witness or expert who is summoned by the Office of the requested Inbox
the Contracting Parties shall come before the authority of the requesting party, shall not be
regardless of your country of citizenship in its territory prosecuted or
taken into custody, or not penalty to be executed for the crime,
that was committed before crossing the border.
2. This warranty shall cease to be a witness or expert, however, do not leave the territory of the
the requesting contracting party within a week after that, when the interrogation Office
told that his presence is no longer needed. In this period,
not including the duration for which the witness or expert is unable to the territory of the requesting
the Contracting Parties to leave for reasons that do not depend on his will.
Article 10
Service of documents
1. the requested judicial authority delivers the documents according to legal requirements
valid on the territory of his State, if the documents are written in
his language or if it is accompanied by a certified translation. Otherwise provided
the requested judicial authority documents only if the addressee is willing to
voluntarily accept them.
2. The translation of an official translator or the requesting authority or
the Prosecutor's Office of the diplomatic or consular post of a Contracting Party.
3. The request for notification shall contain the exact address of the recipient and the designation
the document, which is to be delivered.
4. If it is not possible to execute the delivery to an address that is listed in the
the request, the requested judicial authority shall ex officio action
necessary to determine the address.
Article 11
Proof of delivery
Proof of delivery shall be drawn up in accordance with the rules on the service of documents
valid on the territory of the requested Contracting Party.
Article 12
Service of documents its own nationals
The two parties are empowered to serve documents its own State
the citizens of its diplomatic representations or consular offices.
Article 13
The probative power of deeds
1. the instruments, which were in the territory of one Contracting Party set up or
validated by a public authority or an official person in the field of its competence in the
form laid down by the law and have been bear an official seal to
the probative power on the territory of the other contracting party without further validation. This is true
for signatures that are verified in accordance with the law of one
the Contracting Parties.
2. instruments in the territory of one Contracting Party are considered
the public, they also have on the territory of the other Contracting Party the probative power of public
of documents.
Article 14
The cost of legal aid
1. the requested Contracting Party shall demand payment of the costs arising from the
provision of legal aid. The contracting parties themselves bear all the costs of
arising from the provision of legal aid in their territory, including the cost of
related to the implementation of evidence.
2. the requested authority shall notify the applicant authority justice the amount of incurred
costs. If the requesting authority selects these costs from the taxable person
for payment, they remain the party under whose authority is chosen.
Article 15
Refusal of legal aid
Legal aid may be refused where it would provide could
touch the společenskohospodářského the establishment of the requested Contracting Party.
Article 16
Information on legal issues
The Ministry of Justice and the General Prosecutor's Office of both parties
provide each other, on request, information about legal issues.
PART II
Special provisions
TITLE I OF THE
Legal aid in civil and family
SECTION I
The costs of proceedings
Article 17
cancelled
Article 18
cancelled
Article 19
cancelled
Article 20
cancelled
SECTION II
The personal status and family law
Article 21
cancelled
Article 22
cancelled
Article 23
cancelled
Article 24
cancelled
Article 25
cancelled
Legal relations between parents and children
Article 26
cancelled
Article 27
cancelled
Article 28
cancelled
Article 29
cancelled
Guardianship and custody
Article 30
cancelled
Article 31
cancelled
Article 32
cancelled
Article 33
cancelled
SECTION III
Shipping registry and other documents
Article 34
cancelled
SECTION IV
The provisions on inheritance
Article 35
cancelled
Article 36
cancelled
Article 37
cancelled
Article 38
cancelled
Article 39
cancelled
Article 40
cancelled
Article 41
cancelled
Article 42
cancelled
Article 43
cancelled
Article 44
cancelled
THE SECTION IN THE
Recognition and enforcement of judgments
Article 45
cancelled
Recognition and enforcement of decisions on property claims
Article 46
cancelled
Article 47
cancelled
Article 48
cancelled
Article 49
cancelled
Article 50
cancelled
Article 51
cancelled
Execution for the costs of legal proceedings
Article 52
cancelled
Article 53
cancelled
Article 54
cancelled
Article 55
cancelled
Article 56
cancelled
TITLE II
Legal assistance in criminal matters
Article 57
Obligation to issue
1. the Contracting Parties undertake to extradite to each other on request
under the terms of this agreement for the implementation of criminal proceedings or for the performance of
the sentence persons who are within its territory.
2. the issue is permissible only for offences that are punishable under the
the laws of both Contracting Parties, the penalty of imprisonment in duration
exceeding one year (hereinafter referred to as "extradition crimes") and for the performance of
final decision which was ratified the penalty for these
criminal offences.
Article 58
Refusing to issue
The issue does not occur:
and required) if the person is a citizen of the requested Contracting Party;
(b)) for an offence committed on the territory of the requested Contracting Party;
c) if under the law of the requested Contracting Party cannot be
initiated criminal proceedings or the judgment cannot be enforced due to the
limitation or other lawful reason;
d) if the person whose extradition is requested, on the territory of the requested Contracting
party lawfully convicted for the same criminal offence or released
a decision or a regulation terminating the criminal proceedings.
Article 59
The obligation to initiate the criminal prosecution
1. Each Contracting Party undertakes, at the request of the other Contracting
the Parties shall establish in accordance with its own law, criminal proceedings against their
citizen who is sufficiently suspect that on the territory of the other Contracting
the party has committed the offence the extradition.
2. the application connects the aide-memoire containing the details of the crime and
all the evidence of the Commission of the offence, which are at hand.
3. The requested Contracting Party shall be obliged to communicate to the requesting contracting party
the result of the criminal proceedings.
Article 60 of the
How to contact
In matters of extradition and criminal prosecution are taking over the Ministry of
of Justice or the General Prosecutor's Office of both parties directly.
Article 61
Of the Charter, which shall be attached to the application for release
The request for extradition shall be accompanied by:
and a copy of the arrest warrant) and the request for extradition for the enforcement of a sentence
a copy of the final judgment; These documents must include information about the
the crime of protest, about the place and time of the offence, as well as
and about his legal qualifications; If the offence was caused by material
too bad, its identified or likely;
(b)) version of the law of the requesting party, in accordance with which an offence
be assessed;
(c) if possible, the data on) the nationality of the person whose extradition is requested,
documents and information on the place of residence or stay, information on its
personal circumstances, as well as its description, photographs and fingerprints.
Article 62
Additional clarification
1. If there are doubts about committing the crime or extradičního
does not contain a request for the release of all of the necessary information requested
Contracting Party may request its supplement, which specifies a time limit of one
within two months; This time limit may be at the request of the requesting contracting party
for serious reasons.
2. Unless the requesting Contracting Party shall within the prescribed period, the additional
data, the requested Contracting Party to release the arrested person.
Extradition binding
Article 63
After the reception of the request for the release of the requested Contracting Party shall without delay
measures to arrest the person required.
Article 64
1. it may be Provisionally arrested person even before the request for extradition, dojitím
If her arrest was applied for by the requesting contracting party.
The request will contain a coupon for an order to arrest or on final
decision issued against that person stating that the extradition request will be
sent subsequently. The request for provisional arrest request from dojitím
a release can be made by post, telegram, telephone or
radio.
2. Also requests pursuant to paragraph 1 of this article may be taken in the
binding a person who is reasonably suspected to be committed on the territory of the other
the Contracting Parties to the extradition offence.
3. the provisional arrest of a decision under paragraphs 1 and 2, the other Contracting
shall immediately inform the party.
Article 65
The person who was arrested under article 64, may be released on the
freedom, if, within one month from the date of dispatch of the notice of the arrest
no extradition request.
Article 66
Postponement of release
If it is against a person, whose extradition is sought, the leading criminal proceedings
or if she was sentenced for an offence on the territory of the requested
the Contracting Parties, the release may be delayed until the end of the criminal
control, until the sentence has issued by the Court or until the
release, which occurred before the odpykáním punishment.
Article 67
Temporary release
1. If a postponement of the issue in accordance with article 66 could result in
expiry of the limitation period for criminal prosecution or he could
seriously damage the ascertainment of the facts, the person whose extradition is requested,
may be released provisionally on the basis of a reasoned request.
2. a person who has been provisionally released will be returned after the execution of
procedural acts for which it was issued.
Article 68
Extradition requests, received from several States
If you run out of extradition requests from several States, requested Contracting
Party shall determine to which state the person issues.
Article 69
The limits of criminal prosecution
1. Without the consent of the requested Contracting Party shall not be issued to a person criminally
prosecuted, nor shall be enforced, nor shall punishment be issued
to a third State for an offense committed prior to the release and for which there
released.
2. Consent is not necessary, if issued by a person who is not a citizen
the Contracting Party in whose territory it is, do not leave the territory of that Contracting Party
within one month of the end of the criminal proceedings, and condemnation from
enforcement of the sentence, or if the returns on its territory. In this period,
does not count the period during which the released person could not leave the territory of
the requesting contracting party for reasons that are independent of her will.
Article 70
Release
The requested Contracting Party shall be obliged to communicate to the requesting contracting party
the place and time of issue. If the requesting party does not take the
the person who is to be extradited, within fifteen days of the period fixed for
the release of this person can be released.
Article 71
The rerelease
If issued by a person avoids the criminal or judicial proceedings or
enforcement of the sentence and returns to the territory of the requested Contracting Party,
a new request is issued, without it being necessary to submit the documents referred to in article
61 and 62.
Article 72
Information on the results of the criminal proceedings
The Contracting Parties shall communicate information on the outcome of criminal proceedings
established against the person. If against these persons has been issued
final judgment, shall be sent a copy of the judgment, as well.
Article 73
The transit
1. each Contracting Party shall, at the request of the person to be transported via its territory
issued to the other party by a third State.
2. an application for transit operations shall be submitted and dealt with according to the same
rules as the extradition request.
3. the Contracting Parties are not obliged to allow the transit of persons for whose release
could not occur under this agreement.
Article 74
Transport and temporary delivery to persons in custody
1. If it is necessary to interrogate as witnesses persons who are in custody
on the territory of the other party, the authorities referred to in article 60 of that Contracting
Parties may require their transport and delivery on the territory of the requesting
the Contracting Parties, if such persons are in custody and if, after
the hearing will be returned as soon as possible.
2. If you need to hear as witnesses persons who are in custody
in the third State, the authorities of the requested Contracting Party referred to in article 60
shall authorise the transit of such persons there and back through the territory of his State, will be
maintain the provisions of article 9.
Article 75
The release of things
1. the Contracting Parties undertake to each other shall be issued by:
and things or an amount of money), which are obtained by a criminal lawyer for your extradition
offence, the legislation will be maintained on the export of goods or
conversion of cash amounts;
(b)) things that may be relevant as evidence in criminal proceedings; These
things shall be sent even when extradition cannot take place,
because he died, escaped, or for other reasons.
2. If the issued stuff needs a requested Contracting Party as evidence
in criminal proceedings, may be delayed until the end of the release
of the relevant proceedings.
3. Rights of third parties to things shall remain unaffected. Things to make
There are such rights, shall be returned to the requested Party, after
the end of the proceedings.
Article 76
Disclosure of convictions
Both the parties to communicate with each other will be final
judgments handed down by the courts of one Contracting Party against citizens of other
the Contracting Parties, while at the same time be sent the fingerprints of the convicted persons, which
are available.
Article 77
Information about previous criminal convictions
At the request of courts or prokuratur a Contracting Party shall report to the
free of charge, information about the earlier punishment of persons accused or
the defendants in the territory of that Contracting Party.
PART III
Final provisions
Article 78
This agreement shall be ratified. To exchange the instruments of ratification will occur in
Bucharest at the time as short as possible.
Article 79
The contract shall enter into force one month after the exchange of instruments of ratification.
The Treaty shall remain in force for five years from its effective date.
If none of the Contracting Parties denounces it Agreement at least six months
before the expiry of the period of five years, its validity shall be extended by
the next five years.
The date on which this Treaty enters into force, are to lapse between the two
Contracting Parties:
and) Convention on mutual legal protection and legal assistance in matters of
civil, commercial and non-contentious, done at Bucharest on 7 December. may
1925;
(b)), the Convention on extradition and legal assistance in criminal matters,
done at Bucharest on 7 December. May 1925.
This agreement was drawn up in two original copies, each in the
language Czech and Romanian languages, both texts being equally authentic.
On the evidence of the agent of both parties, have signed this agreement and
join the seal.
Done at Prague on 25. October 1958.
From the power of the President of the Czechoslovak Republic
In Skoda in r.
The power of Attorney of the Presidio's Grand National Assembly of Romania
of the Republic of
V. Dumitrescu in r.
