90/1985 Coll.
DECREE


Foreign Minister

Dated 26 August 1985

On the Treaty between the Czechoslovak Socialist Republic and Austria
Republic on Legal Assistance in Criminal Matters

On November 18, 1982 in Vienna was signed between
Czechoslovak Socialist Republic and the Republic of Austria on
legal assistance in criminal matters.

With the Treaty approved by the Federal Assembly of the Czechoslovak Socialist Republic
and
president of the Czechoslovak Socialist Republic ratified it. The instruments of ratification were exchanged in Prague on
11th July 1985.

Treaty enters into force by virtue of Article 21, paragraph 2 day
first October 1985.

Czech version of the Treaty shall be open simultaneously.
Minister
:

Ing. Chňoupek vr


AGREEMENT
Between the Czechoslovak Socialist Republic and the Republic of Austria on
legal assistance in criminal matters

President of the Czechoslovak Socialist Republic and the Federal President of the Republic of Austria
,

Constantly strive to enhance and facilitate legal relations and legal relations between the two countries
,

And Wishing to completely and fully implement provisions of the Final
Act of the Conference on Security and Cooperation in Europe

Agreed to enter into this agreement.

For this purpose appointed as their plenipotentiaries:

President of the Czechoslovak Socialist Republic

Ing. Bohuslav Chnoupek,

Minister of Foreign Affairs of the Czechoslovak Socialist Republic

Federal President of the Republic of Austria

Dr. Willibald Pahra,

Federal Minister for Foreign Affairs of the Republic of Austria,

Who, having exchanged their full powers, found in good and due form
, have agreed as follows:
Article 1


States Parties undertake to provide each other at the request of the court or
prosecution under the provisions of this Treaty legal assistance in proceedings for indictable offenses
.
Article 2


In matters governed by this contract will take place
correspondence between the Attorney General of the Czechoslovak Socialist Republic
Minister of Justice of the Czech Socialist Republic and the Minister of Justice
Slovak Socialist Republic on one side and
Federal Minister for Justice Austria Republic on the other.
Diplomatic path is thus excluded.
Article 3


(1) Legal assistance shall include the questioning of accused persons and witnesses
measure of expertise, examination, inspection, seizure,
sending files, documents or other items needed for criminal
management, service of documents as well as the sending of register extracts
records.

(2) Legal assistance shall also

A) matters a conditional sentence or conditional release from
sentence or detention order

B) in matters of grace,

C) in matters of conviction and expunged criminal records

D) calls for the delivery of accession punishment or to pay cash
penalties and costs

E) in matters of recovery proceedings.

(3) Legal aid enforcement of judgments and other decisions shall be granted.
Article 4


(1) Translations applications submitted under this contract as well as the attached documents
is subject to paragraph 2 not connected.

(2), a document to be served, joins
translation into the language of the requested State shall be drawn up and certified officially laid
interpreter, who is a resident of one of the contracting states.
Signature verification interpreter is not necessary.

(3) If the document to be served, accompanied by a translation into the language of the requested
State, may restrict the requested court that
arrange delivery handover document recipient if he is willing to accept it .
Article 5


(1) Legal aid shall be granted if:

A) the offense to which the request relates is not the law of the requested State
act judicially punishable,

B) execution of the request would be interference in the sovereignty of the requested
State jeopardize its security, go against the principles of its legal system
or contravene other essential interests of the requested State

C) of her asking for an act which, in the opinion of the requested State
is an offense of a political nature, in which, considering all the circumstances of the case
particular method of committing, used or intended
resources or or severity of the possible consequences outweighs

Criminal character

D) an act which the application relates, in the opinion of the requested State
military offense

E) the offense to which the application relates is, in the opinion of the requested State
solely on infringement of taxes and levies, monopolistic or
exchange control regulations or regulations on the management of the goods or
foreign trade.

(2) Legal aid provides, however, when it relates to offenses indictable,
which consist solely in violation of regulations on the import, export and transit of goods
relating to customs duties or other import or export benefits.
Legal assistance in such cases provided regardless of whether
requested State pays customs regulation of the same kind.

(3) The information to be sent to the courts of the requesting State and prokuraturám
under the provision of legal assistance in customs criminal proceedings laugh
used only in these proceedings and in proceedings on duty and the other doses | || directly related to criminal proceedings.
Article 6


(1) An application for legal aid is submitted in writing and must contain:

A) identification of the applicant and requested authority

B) identification of the criminal case, a short statement of offense, specifying the time and place of its commission
,

C) legal assessment of the offense

D) if possible, precise information about the accused person's citizenship and
place of residence or stay,

E) the name and address of any advocate,

F) the subject of the request, and any other data required for its execution
.

(2) Requests for legal assistance signed by the competent judge or prosecutor
and affix the official seal of the requesting authority.
Request need not be verified.

(3) An application for a search of persons or rooms or
seizure connects one copy or a certified copy (Cc)
regulation requesting authority.
Article 7


(1) when handling applications for legal aid is used
law of the requested State. If it is compatible with the principles of the laws of the requested state
management, but may be upon request of the requesting State used its
different regulations on the management.

(2) Unless the requested authority is responsible for processing an application, it must
to the competent body and inform the requesting authority.

(3) If the address of the person to whom the act is to apply
legal aid is not specified exactly or if it proves incorrect, requested authority
as possible find the correct address.

(4) The requested authority shall notify the requesting authority at its request on a timely
place and time of execution of the request for legal assistance. Such notification shall take place
in immediate contact between the applicant and the requested authority.

(5) persons participating in criminal proceedings and their legal advisers as well as representatives of
participating in criminal proceedings may be, if necessary
according to the case for processing an application for legal aid, present
performing acts of legal aid in the State. May give rise to supplementary questions
. The following persons shall apply mutatis mutandis to Article 10.

(6) The presence of representatives of the requesting State referred to in paragraph 5
when acts of legal aid in the State requires the Czechoslovak Socialist Republic
agreement
Attorney General of the Czechoslovak Socialist Republic or the Czech Minister of Justice
Socialist Republic or the Minister of justice
Slovak Socialist Republic, the Republic of Austria
consent of the Federal Minister of justice.

(7) does not give legal assistance entirely or partially, or if
obstacles execution of the request, shall be informed thereof, stating the reasons
requesting authority.
Article 8


Delivery demonstrated either a receipt, which must be
signed and dated delivering persons, as well as the signature of the recipient, or confirmation
requested authority from which it is evident design
delivery, its form and time. If the document to be served
sent in two copies, can confirm receipt on the second copy.
Article 9


(1) If it is necessary that a person who resides in one of the Contracting States
, appeared in person at the court of the other Contracting State for the purpose
interrogation as an accused, witness or expert, will deliver this person
subpoena authority of the requested State.


(2) The summons shall not be a threat of coercive
funds in the event that a person does not. If disobeys
summoned person summons must be ordered measures, which are set by law
as a result of failure to appear.

(3) If a summoned witness or expert shall be given in the summons, to what extent
is entitled to reimbursement trip and stay at
compensation for lost time and expert in addition to remuneration for performance . The requesting State
worth summoned witness or expert in his request for an advance
cover the costs of the trip and stay.
Article 10


(1) A person summoned as an accused, witness or expert who received
on the territory of States Parties subpoena second
Contracting State and obeyed this summons, should not be in the territory of the Contracting State
prosecuted or taken into custody or otherwise subjected
restriction of his personal liberty for an offense committed prior to entry into its territory
or another before the sudden reason.

(2) The prosecution, arrest or other deprivation of personal liberty of the person summoned
is permissible

A) for the offense, which is subject to summonses person as an accused, or

B) if the person summoned after the announcement of the court that her presence is not necessary
, staying longer than fifteen days in the territory of the requesting State
although it had the opportunity to leave that territory, or

C) if, after leaving the territory of the requesting State
there voluntarily returns or is returned in a lawful manner.
Article 11


(1) If the witness to be summoned in the requested State on the basis
judge or prosecutor in custody or serving a prison
freedom, shall transmit to, if he agrees, the requesting State on request
for questioning, unless there are overriding reasons.

(2) A witness in the requesting State is also being held in custody and after questioning the
immediately handed back to the requested State.
Article 12


Costs incurred by the handling of requests bears, except for costs incurred
retaining an expert or surrender of a person in custody or serving a sentence of imprisonment
, the requested State.
Article 13


(1) The Contracting States at least once a year inform all
convictions by criminal courts relating to nationals of the second
Contracting State and entered in their criminal record. These statements
criminal records exchange
Attorney General of the Czechoslovak Socialist Republic and the Federal Minister of the Interior of the Republic of Austria.
The same way the Contracting States shall provide each other on request
additional information on the conviction that underlies criminal records.

(2) The Contracting States shall provide each other under national statutory regulations at the request
criminal record of persons against whom the requesting State
criminal proceedings. Statements
may be used only for the purposes of criminal proceedings. The requested State is not obliged
provide information about their citizens.
Article 14


(1) The Contracting State has sent at the request of the other Contracting State writings
documents or other objects that may serve as evidence
resources for criminal proceedings in the requesting State.
Documents and other objects shall be sent even if the requested State
subject to seizure or forfeiture.

(2) The files or documents to be sent in the original only in justified cases
. In all other cases forwarded copies (copies)
not to be returned.

(3) The requested State may withhold records, documents or other objects
need in this country for criminal proceedings throughout its lifetime.

(4) The rights of the requested State or third parties for the transmission of documents shall
or objects remain unaffected. Sent writings, documents or objects
returns the requested State as soon as possible when their recovery
give up.

(5) When sending files, documents or other objects
under this Article shall not apply restrictive regulations on the import and export of articles and
currencies.
Article 15


Authorities referred to in Article 2 of each other on request with information about their
criminal law and law on criminal proceedings and the enforcement of sentences
.
Article 16


(1) committed if a citizen of one Contracting State in the territory of the other Contracting State
act that is both Contracting States judicially

Criminal, can become a crime scene may request another Contracting State to take
prosecution for this offense. The competent authorities of the requested State carry
criminal proceedings under the law of that State.

(2) The competent authorities of the State of the act be reviewed in each individual case
whether the request under paragraph 1 is desirable in the interests
establishing the truth, other reasons important for criminal proceedings, on grounds relating to
imposition or enforcement, or in the interest of the accused
resocialization.

(3) To assess the crimes committed indictable transport
in the State based on the traffic regulations in force at the scene.
Article 17


Courts and prosecutors requesting State to take, given the request of the prosecution
takeover measures necessary to
requested State to exercise its jurisdiction in criminal matters.
Article 18


(1) The request for the transfer of criminal prosecution must include a statement of
facts and, where possible, precise information on the accused
her citizenship and place of residence or stay. The application connects
:

A) the original or certified true copy (copy) files, as well as material evidence;

B) the provisions of the relevant facts and the punishment to be applied to the act
under the law in force at the scene of the crime, and crimes committed indictable
in traffic besides traffic regulations applicable to their
assessment;

C) a statement by the victim, which are required for initiation of criminal proceedings.

(2) When sending files and material evidence is used in Article 14 paragraphs 4 and 5


(3) The proposal is necessary for initiation of criminal proceedings or similar mandate
which was given to the requesting State is effective and the State;
Request or authorization, which are only required by law
requested State may be made subsequently by the authority of the State responsible for
prosecution within two months after receipt of the complaint.
Article 19


Courts and prosecutors requesting State provisionally refrain from measures
relating to the prosecution for the offense for which an application was submitted for acceptance
prosecution. Definitively refrain from such measures
if the accused person in the requested State

First is acquitted or if the proceedings against her were
finally terminated because the crime was not proved or
because the offense is not punishable in court;

Second convicted and the sentence was fully executed or if
sentence has not been executed, was pardoned.
Article 20


Requested State shall notify the requesting State of the action taken and the outcome of the proceedings
. Whether in the present proceedings a final decision, its
sends one copy or a certified copy (copy).
Article 21


(1) This agreement is subject to ratification. Ratification shall be exchanged
in Prague.

(2) the Treaty enters into force on the first day of the third month
following the month in which they were exchanged the instruments of ratification.

(3) The Agreement shall remain in force indefinitely unless one of the Contracting States
contract in writing through diplomatic channels denounces; In this case
contract shall no longer effect one year after termination.

IN WITNESS WHEREOF the plenipotentiaries of the two Contracting States have signed this Treaty and affixed their seals
.

Done in Vienna on 18 November 1982 in two copies, each in
Czech and German languages, both texts being equally authentic.
For


Czechoslovak Socialist Republic:

Ing. Bohuslav Chňoupek vr
For



Republic of Austria
Dr. Willibald Pahr vr