222/1936 Sb.
CONVENTION
between Czechoslovakia and the knížetstvím Composition of the extradition of criminals and
legal assistance in criminal matters.
On behalf of the Czechoslovak Republic.
On behalf of the Czechoslovak Republic
and
Principalities Were Formed Of Monaco
This Convention was agreed:
Convention
between Czechoslovakia and the knížetstvím Composition of the extradition of criminals and
legal assistance in criminal matters.
The President of the Czechoslovak Republic and his Majesty the brightest Prince
Monaco, desiring to uzavříti Convention on the extradition and on legal
assistance in criminal matters, their agents:
The President of the Republic:
Mr. Štefan Osuského,
Envoy Extraordinary and Minister splnomocněného of the Czechoslovak Republic
in Paris,
Mr. Anthony got
the high Trade Union Council in the Ministry of Justice;
His Highness The Prince Of Monaco: The Brightest
Mr. Earl Henri de Maleville,
Envoy Extraordinary and Minister splnomocněného of Monaco in Paris;
who, sdělivše your power of Attorney, which were found in good and due
the form, have agreed on the following provisions:
Article 1.
Extradition of criminals.
Each of the two High Contracting Parties undertakes that, in the circumstances, and
the conditions laid down in this Convention shall deliver to the other party of the person that
being prosecuted or condemned men on one side of the courts for any
offence referred to in article 2, are found on the territory of the other party,
If this is a criminal offence under the laws of both States, even though they were valid only
in some parts of their territory, a crime or tort.
If it was an act of justifying the request for release has been committed outside the territory of the top
marked, will this application is granted, if permitted by law
of the requested State prosecution of the same offenses committed outside its territory.
Article 2.
For which crimes will be allowed to release.
The release will be allowed for the following offences:
1. Intentional homicide, a crime involving murder, intentional killing without
the balance sheet, the murder of the parents, the child's murder and poisoning;
2. bodily harm and wilful injury either in advance, rozváženém
either if in the wake of a permanent illness or incapacity for personal work,
loss or inability to battle Dragons of a limb or any other
authority, or death, but without the intention of her způsobiti;
3. expulsion of the foetus;
4. dvojženství;
5. violent fornication, filthy, filthy, violent conduct negotiations without
violence against children under the age laid down by the criminal legislation of both
countries;
6. dirty negotiations;
and, by diverting an neb) odlouzením underage women or girls for the purposes of
indecent for the immediate gratification of lecherous other, albeit with its consent;
(b)), by diverting an neb odlouzením adult women or girls for the purposes of
indecent for the immediate gratification of lecherous other fraudulently or violence,
threats, abuse of power or by forcing them in any other way;
7. the abduction of minors, leaving and delaying child, hiding, confusion or
spoof of the child;
8. blackmail, threats of violence against persons or property, violence committed by
private persons against personal freedom or against the inviolability of
House;
9. theft of all kinds;
10. the issuance of false documents or falsify documents public, whether
commercial or private, falsifying wire traps, the use of
of false or falsified documents;
tampering or fraudulent altering official files released by the Government or
the public by the Office, fraudulent use of the files as follows to counterfeit or
falsified;
perjury, perjury, seduction of witnesses, experts or interpreters
to perjury;
11. fraudulent bankruptcy;
12. anti-spoofing or forgery of the titers or coupons of public
the debt of their own State or foreign banknotes, paper money, or
other public securities, seals, stamps, coins, tags, State or
public administration, placing in circulation or fraudulent use of the listed
counterfeit or falsified articles;
13. fraud, embezzlement, misuse of signature in a clean sheet the offender
a given region;
14. arson;
15. the malicious destruction of or damage to the railway, wire or
Dial-up, and wireless communications; the destruction of or damage to the
movable or immovable property, happened to maliciously or with the intention
škoditi; the destruction of the buildings, steam engines; the destruction of and damage to the tool;
destruction or poisoning of cattle or other animals; malicious interference
traffic on the railway;
16. the shipwreck, the loss or destruction of, the ship's captain and malicious bezprávní
or the officers and sailors the ship;
leaving the ship or vessel commercial or fishing Captain beyond
the cases provided for by the law of both States;
misappropriation of a ship or vessel commercial or fishing captain;
the landing or destruction of cargo either around either part, food or
items on board, outside of emergencies; incorrect path; the lease on the
boat equipment, inventory or shipping, or the cessation or sale of goods or
the food outside in case of emergency, or marketing of fake accounts disorders
or expenses; sale of ship without special authorization, except in cases
inability to navigate; the theft of the ship; deterioration of food or goods on the
the average ship item substances; attack or violent resistance and violence against
the captain committed more than a third of the team; disobeying orders
the ship's captain or officer of the rescue boat or ship
the cargo, if the harm to the body or injury; the plot against
security, freedom or power of the captain's; seizure of the ship's sailors
or the passengers to fraud or violence against the captain;
17. the misappropriation of public money by public employees or the custodian,
taking bribes by public officials and bribery, abuse of power to them
an official from the zištnosti;
18. trade in slaves.
The release will also be enabled for complicity, attempt and participation,
If it relates to offences above calculated and are punishable under the
legislation of both States.
List of offences from the top of the calculated can be changed after agreement or
accompanied by the declarations of the two Governments.
Article 3.
Nevydávání and prosecute its own nationals.
The Contracting Parties will not be vydávati own nationals.
In case you can not povoliti due to the release of provisions
the preceding paragraph, the High Contracting Parties undertake to, that can be
stíhati and judge according to its own legislation of its own nationals,
who have committed offences against the laws of the other State, must
These offences are listed in article 2 of this Convention.
State which she wishes will be to use the provisions of the preceding
paragraph asks for it through the diplomatic channel and connects the application objects,
writings, documents and all necessary information.
Article 4.
Cases in which the issue will not be permitted.
The issue will not be allowed:
1. If the offence was committed on the territory of the requested State, or if it is
According to the law of the requested State to the competent authority of that State solely to
criminal prosecution;
2. If the offence is one for which the release is requested, the requested
party for an offence of a political or for an offence with a criminal offence
contiguous. For an offence of a political or for the performance of such a criminal offence
It will not be seen as a continuous attack against the head of a State, if turpeinen
offence of murder, poisoning or killing;
3. If, under the law of the requesting State or the requested State, or
According to the laws of the State in which the crime was committed, prosecution or punishment
barred before the request referred to in article 6 and 7 came to the requested State;
4. If a person has been required in the requested State for the same offence
doomed or exempted, or if his sentence make penance, or if it
granted a pardon.
Article 5.
Cases in which the issue may be denied.
In cases where, under the law of the requested State the authority of that State is
relevant for criminal prosecution and criminal proceedings have already been initiated by him,
may be denied release.
Article 6.
The request for the issue.
The request for the issue will be submitted through the diplomatic channel.
Article 7.
Of the Charter, which should be připojiti the request for the issue.
The release will be allowed only if they are submitted to the following documents:
1. a warrant or other judicial instrument equivalent Department built or
conviction; These documents will be submitted in the original or in
the original copy;
2. accurate portrayals of crime blamed asked where is not based
light of the documents referred to in the previous paragraph; in the case of offences
against property, it will be listed, if possible, the amount of the damage caused by them, or
damage which the accused tried to způsobiti;
3. a description of the required person, her likeness and any information which
they can serve to identify its identity;
4. the texts of the laws of the requesting State, which is to use the offence, and
giving a penalty saved him.
The Charter will be drafted this mentioned in the official language of the requesting State
the manner prescribed by the law and bear an official seal. Authorities
the requested State will take their translation into the official language
of that State.
8.
Measures to ensure the release.
When the request for release with the documents prescribed in the preceding
Article, the requested State shall arrange according to legislation in force on its territory
everything you need to make when the requested person has been pátráno, and after the event
in order to ensure her.
Article 9.
Provisional arrest.
In emergency situations, will be provisional arrest prior to the company
the filing of the application for the issue of a regular, if so requested by the Court of the requesting
State by mail or telegram with mention of the fact that there is a warrant or
one of the documents referred to in article 7, to indicate offense at the same time.
If necessary, finds the requested State before, whether this request is
authentic.
The provisional arrest, as well as on site links will be immediately to the requesting
the Office made the report.
Within eight days from the date on which the request was sent to the provisional
the arrest, described in the first paragraph, the requested State shall be
been advised through the diplomatic channel that is sought for the issue. Papers will be
předložiti at the latest within one month from the date of submission of this
the request for provisional arrest.
Article 10.
Additional clarification.
In the event that the requested State shall decide on the application, bearing for the issue,
He should be, that he received additional clarification, he must
this to be given within one month from the date of the diplomatic
the representative was invited to the additional information added. This time limit
can to a reasoned request submitted prior to the expiry be extended
for an additional month.
If clarification was received within the time limit, you can carry the arrested will not be
a person in custody in respect of applications for the issue, which was the reason for the arrest.
Article 11.
The request for the issue of different States.
If multiple States requires the same person for different offences, the
the requested State shall, according to its own legislation přihlížeje borne by the
crime blamed asked. In the case of criminal offences as well hard
or the same offence, the requested State shall decide, in the first přihlížeje
round to the place where the offence was committed, in the second row to the State
the jurisdiction required by the person, and then to the order of the applications.
The provisions of this article are without prejudice to obligations arising from contracts
concluded before this Convention, one or the other of the two High
of the parties with third States.
Article 12.
Deferment of publication.
If it is required by the person in the requested State to be prosecuted or convicted for
offence other than the one which gave rise to the request for extradition, it must
However, this state of the application for the issue decide. But the handover
the accused will be deferred until that time, when the prosecution will be dropped,
When it will be released when his sentence to serve or he will given by grace,
or when his binding imposed upon him for other reasons.
This provision, however, it is not acceptable that a foreign national
could be temporarily sent before the courts of the requesting State, under the express
the condition that it will be sent back as soon as these courts shall decide on an
the Act, which had given rise to the application for release.
Article 13.
Release limits.
The released person will not be stíhati neb odsouditi in the requesting State for
offence other than the one for which her release was permitted.
For offences committed before the release can be issued by a person will be stíhati,
or the soul chastise third State only:
and the State), which authorised the issue of the consent to do so. About this
consent will insist in the manner prescribed for the request for the issue with papers
calculated in article 7;
(b)) if the designated person has remained voluntarily in the territory of the State to which
was released, more than a month from the day when there has been tried, and in the case of
conviction date on which there have been released, or if
the person appointed shall opustivší the territory of the State, which has been issued with the
later on, this area, although as she was to do.
The application of the State that has given his consent in accordance with paragraph a), it shall notify
the second State on the final outcome of the criminal proceedings by giving him
a certified copy of the judgment.
Article 14.
The termination of the effect of the release.
If you did not give the requesting State of the soul of a requested person within six weeks
the date on which it has been informed that his release was allowed, that person will be
released without the soul can be for the same reason.
Article 15.
Release in the short path.
Criminal, who, once released, it will be justice and kterakkoli
they again on the territory of the requested State, or at least it will be on the way
This territory, the request of the competent authorities, made directly or
through diplomatic channels, arrested and released, without further formalities.
Article 16.
Transit of persons released.
The transit of a person who has been issued to the other party by a third State, the territory of the
one of the two High Contracting Parties, will be allowed, if it is presented
either in the original or in the original copy, any of the documents referred to in
Article 7 If criminal offence justifying the request for transit provided for in
Article 2 of this Convention.
Regulations on the issue also applies to transit.
Transit authorities of the requested State shall be guaranteed under the conditions and the way
This specifies.
Article 17.
The delivery of files in criminal matters.
If in criminal matters is found to be necessary, that the file
coming from one of the two High Contracting Parties has arrived
the person existing in the territory of the other State, the file is submitted to the requested State
through the diplomatic channel.
In the diplomatic representative of the requesting State requests a delivery receipt will be
model reference number, the authority from which the file came from, the address of příjemcovu, type of the file and
the criminal matter to which the file applies to.
However, it will not be delivered to the convictions handed down by the courts of one of the two
The High Contracting Parties, as well as a summons to appear as a
the accused, those courts ordered, they relate to nationals of the other party.
The requested State shall, as a general rule, that will give the file doručiti to the addressee,
If it adopts this voluntarily.
Delivery will be shown either dated and signed by the recipient
the receipt or confirmation of the authority of the requested State, in which the
found that the file was delivered, how and which day
happened. If the file that is to be delivered, mailed in duplicate, copy only.
the receipt can be napsati příjemcovu or confirmation on that from the
the two copies that will be returned.
If the addressee refuses to accept the file, this will be on a voluntary basis to express
diplomatic representative of the requesting State requests delivered to the addressee
legislation of the requested State in a manner recognised.
Writings about the performance of the application will be requesting representatives of diplomatic
sent without translation.
Article 18.
Request.
If in criminal proceedings before the courts of one of the two Contracting States
is found to be necessary, in order to be heard by people who are in the territory of
the other State, or to any other investigative action was
made, it shall request the Court to make a diplomatic path. Request
will be carried out in a manner prescribed by the legislation of the requested State.
Writings on the enforcement of letters rogatory will be requesting representatives of diplomatic
sent without translation.
Article 19.
Contacting and appearance of people existing in the other State.
If in criminal proceedings before the courts of one of the two Contracting States
is found to be necessary or desirable in order to personally attend a witness or
the expert, who is in the territory of the other Contracting State, it shall encourage the authorities
of that State to comply with the subpoena referred to the courts, which will be their
through the supplied.
The cost of the personal appearance of a witness or expert is to be charged to go
of the requesting State and in the writ will beheld that the amount that will be witnesses
and experts are substituted as the cost of travel and stay, as well as the amount
the requested State may, as soon as the person summonsed declares that it wants to
vyhověti, to offer her a subpoena of the advance subject to refund the applicant
by the State.
No witness or expert witness, whether he hath any citizen who,
It will be sent in accordance with paragraph first, voluntarily appeared before the courts
the other Contracting Parties, on the territory of that party shall not be prosecuted or
imprisoned for earlier crimes or convictions or under the pretext of
complicity in the crimes that are the subject of proceedings in which the
arrived.
These people cease to be this benefit, do not leave the territory of the requesting State,
Although it could do so within five days from the time when their
the presence of such necessity has not been already before the courts.
If the person summonsed in relation to the territory of the requested State will be
to insist that came, with the commitment that will be sent as soon as possible
back. This request will not be zamítnouti unless under special considerations
in particular, if the defendant specifically the prisoner back.
It will also be allowed under the conditions specified above for the transit transport
and back through the territory of one of the two High Contracting Parties of the person imprisoned in
third State, whose confrontation with the prosecuted person or whose witness
the questioning by the other contracting party be considered suitable.
Article 20.
Communication of documents.
If, in criminal proceedings in one of the two States is found to be
necessary, to articles, papers, or any of the Charter, which are for offices
the other State, were informed of the communication will be applied for on the way
diplomatic.
This request will be according to the laws of the requested State, but with the
commitment items, papers, or documents will be returned.
Article 21.
Refusal of legal aid.
The measures provided for in articles 17 and 20 will be odepříti in the case that the requested State
considers that it is contrary to its sovereignty or its security.
Will be odepříti in the case that, according to the provisions of this Convention
There was no commitment to release povoliti.
If it is denied to do measures which goes, the requesting State about
that he possessed and he will be informed of the reason why this has happened.
Article 22.
Connection with the issue of things.
The authorities of the two High Contracting Parties shall issue to request items
that the accused's offence, or which may serve for
evidence, even in the event that these articles have been subject to seizure
or confiscation.
If these items are in the possession of the accused when it is released, or when its
transit, when possible, will be released at the same time with a person that is dated or
provezenou. Will be issued in the event that the issue was already authorized
You can carry it out to the death or escape of the accused. The release will be vztahovati
also to all the articles that accused hid or imposed in the State of
povolivším issue and that were later found.
Rights which third parties to these things, however, remain, perhaps acquired
unaffected; in this case, the things you, as soon as the procedure will be completed,
as soon as possible and without any expenses to be returned to the requested State.
State where the release of such articles was requested, you may temporarily
ponechati, where is the need for criminal proceedings. May is also
zaslati with the condition that he be returned for the same purpose, it undertakes that
It is then itself returns as soon as possible.
Article 23.
Disclosure of convictions and extracts from criminal records.
Both the High Contracting Parties will be half a year's sdělovati extracts from the
criminal records concerning the final (whether the arena is whether
conditional) conviction handed down in each of the two States against
nationals of the second Member State for general crimes and offenses.
The offices of one of the two High Contracting Parties, responsible for the criminal
register or judicial records, supplied to the application, filed by the diplomatic
along the way, the authorities of the other party for free information from criminal records
or from the judicial records of individual cases. This information will be
supplied only in cases of criminal proceedings against a person who is not a
a national of the requested State.
Of article 24.
Costs.
Costs arising from applications for the issue, the costs associated with the performance of
the request for legal assistance, sending or returning things and connection with the
the communication of any document, saddling the Party on whose territory the
caused by.
However, it shall notify the authorities of the requested Party, the requesting side of these
expenses for the purpose of the payment by the person who is obliged to bear them.
Amounts from selected go to the requested State.
An exception is compensation for good appearances of all kinds, as well as the expenses incurred by the
summons or appearance of people existing in custody in the territory of the State
of the requested. These costs will be borne by the requesting State. The requesting
the State also will cost the transit hraditi průchodními territories of persons,
which release or temporary transfer was enabled.
As the requesting State shall debit the expenses for the temporary transfer of persons
required and return them.
Article 25.
Ratification, entry into force, denunciation.
This Convention shall be ratified and the ratifications shall be exchanged at Paris what
soon as possible.
Shall enter into force one month after the exchange of the ratification and shall remain in force for six
months from the date on which one of the two High Contracting Parties it
testified.
The Convention also will be vztahovati on crimes committed before fit
into force.
Czechoslovak and French texts of this Convention are equally original.
On the conscience of the top appointed agents have signed this Convention and
getting it to your pečeťmi.
Given in duplicate in Paris on 22. December 1934.
L. S.
Stefan Osuský
L. S.
Dr. A. Saw
L. S.
Henri de Maleville
Prozkoumavše endorsement of this Convention, and we confirm it.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
On 25 June in Prague Castle. April devítistého thirty-one thousand years
the sixth.
The President of the Republic:
L. S.
Dr. Edvard Beneš in r.
Minister of Foreign Affairs:
L. S.
Dr. Krofta in r.
Is that the instruments of ratification were exchanged in Paris on
on June 25, 1936, and that according to the article. 25 of the Convention shall become effective one month after the
the exchange of instruments of ratification, t. s. 25. July 1936.
Dr. Krofta in r.
