11/1931 Sb.
Convention
between Czechoslovakia and France on extradition and legal assistance in
criminal matters.
The name of the Czechoslovak Republic.
The name of the Czechoslovak Republic
and
the Republic of France
This Convention was agreed upon:
Convention
between Czechoslovakia and France on extradition and legal assistance in
criminal matters.
The President of the Czechoslovak Republic and the president of the Republic of France,
Desiring uzavříti the Convention on extradition and on mutual assistance in
criminal matters, their agents:
The President of the Czechoslovak Republic:
Mr. Stefan Osuského,
the extraordinary Envoy and splnomocněného of the Minister of the Czechoslovak Republic
in Paris,
Mr. Emil Spiru,
Trade Manager in the Ministry of Justice,
Mr. Karel Halfara,
Manager of the Department of international treaties in the Ministry of foreign
things;
The President of the French Republic:
Mr. Aristide, Brianda
Deputy Minister of Foreign Affairs,
who, sdělivše your power of Attorney, which were found in good and due
the form, have agreed on the following provisions:
Article 1.
The extradition of criminals.
Each of the two High Contracting Parties undertakes that, in the circumstances, and
the conditions laid down in this Convention shall issue to the other side of the person, which,
being prosecuted or convicted by the courts of one party men for any
offence referred to in article 2, the mother will be found either on the territory,
either on the territory of the settlements, and possessions, or territory beneath the consular
the powers of the other party, if this is a criminal offence under the laws of both
States, even if it were valid and put in only certain parts of their territories, crime
or tort.
If the offence justifying the request for release has been committed outside the territory of the zone or
the top is marked, this request has been granted, if the legislation so permits
the requested State shall prosecute the same crimes committed outside its territory.
Article. 2.
For which crimes will be allowed to release.
The issue will be allowed for the following offences:
1. The intentional homicide, a crime involving murder, intentional killing without
the balance sheet, the murder of the parents, the child's murder and poisoning;
2. intentional bodily harm and injury, either in advance, rozváženém
either to publish 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. the expulsion of the fetus;
4. dvojženství;
5. violent fornication, violent acts naughty naughty, negotiations without
violence against children under the age set by the criminal law of each
countries;
6. naughty negotiations:
and employing, or tempting) odlouzením underage women or girls for the purposes of
not for the gratification of lecherous other, even with her consent;
b) employing, tempting or odlouzením adult women or girls for the purposes of
not for the gratification of lecherous other fraudulent 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
the 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;
falsification or forgery of official documents issued by the Government or public
the Office, fraudulent use of counterfeit or falsified documents as follows;
perjury, perjury, the seduction of witnesses, experts or interpreters
to perjury;
11. fraudulent bankruptcy;
12. anti-spoofing or forgery of the titres or coupons to the public
debt, its own State or foreign banknotes, paper money, or
other public securities, seals, stamps, coins, 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
entrusted;
14. arson;
15. the malicious destruction of or damage to the railway, or wire
Dial-up, and wireless communications; the destruction of or damage to the
movable or immovable property, happened to maliciously or with the intention of
škoditi; the destruction of the buildings, steam engines; the destruction of and damage to the crop,
plants, trees or grafts; the destruction of the agricultural tools; the destruction or
poisoning of cattle or other animals; mischievous interference of traffic on
rail;
16. the shipwreck, the loss or destruction of the ship, the captain of the vicious invasion
the officers and ship's crew, or;
the abandonment of a 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 his part, food or
subjects on the Board outside of emergencies; incorrect path; the lease on the
the ship, the supplies or equipment 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
unfitness for navigation; the theft of the ship; deterioration of food or goods on the
the ship average figures for 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 harm to the body or injury; the plot against
security, freedom or power of the captain; 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 depositary,
taking bribes by public officials and bribery, abuse of power to them
the official from the zištnosti;
18. slave trade.
The issue will also be enabled for complicity, attempt and participation,
apply to the offences above calculated and are punishable under the
legislation of both States.
A list of the offences above calculated may be changed after agreement or
accompanied by declarations of both Governments.
Article 3.
Nevydávání and prosecute its own nationals.
The Contracting Parties will not vydávati their own nationals.
In case you can not povoliti due to the release of provisions
the previous paragraph, the High Contracting Parties, that can be
stíhati and shall judge by its own legislation of its 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 to be applied the provisions of the previous
paragraph, requests 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 permitted:
1. If the offence was committed on the territory of the requested State, or if the
According to the law of the requested State, the competent authority of that State solely to the
criminal prosecution;
2. If the offence for which the release is requested, the requested
the political party for an offence or for an act with such a criminal offence
continuous. 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 is
offence of murder, poisoning or killing;
3. If, under the laws of the requesting State or the requested State, or
under the laws of the State in which the offence was committed, prosecution or punishment
barred before the request according to 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 your 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 the State is
competent for criminal prosecution and criminal proceedings were initiated already,
may be denied release.
6.
The request for extradition.
The request for the issue to be submitted through the diplomatic channel.
Article 7.
Charter, which should be připojiti the request for the issue.
The issue will be allowed only if they submitted the following documents:
1. a warrant or other judicial instrument to him at the Department or
the convicting judgment; These documents will be submitted in the original or in the
the original copy;
2. accurate portrayals of crime blamed asked where does not rise
clear from 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 all the information that
they can serve to identify its identity;
4. the texts of the laws of the requesting State, which is applying to the offence, and
specifying penalty saved him.
The Charter will be drafted this mentioned in the official language of the requesting State
in the manner prescribed by law, and his bear an official seal. The authorities of the
the requested State will take care of their translation into the official language of the
of this State.
Article 8.
Measures to ensure the release.
When the request for release with the documents prescribed in the preceding
the article, by the requested State in accordance with the legislation in force on its territory
everything you need to make when the requested person has been pátráno, and after the event
to ensure.
Article 9.
Provisional arrest.
Where necessary, the company may be provisional arrest prior to the
the filing of the application for the issuance of a regular, if so requested by the Court of the requesting
State post 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.
If necessary, finds the requested State before, whether this request is
authentic.
The provisional arrest, as well as on the 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
informed through diplomatic channels, that asks for release. The documents 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, on the request for Maj. rozhodnouti Edition
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 period of time
can to a reasoned request submitted before its expiration to be extended
for the next month.
If clarification was received within the time limit, you can carry will not be zatčenou
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.
Requires multiple States of the same person for different offences, the
the requested State shall, in accordance with its own legislation to the přihlížeje borne by the
offences blamed asked. With respect to the offences as well hard
or the same offence, the requested State shall decide, in the first přihlížeje
to the place where the offence was committed, in the second row to the State
the nationality of the requested person, and then to the order of the applications.
The provisions of this article shall not affect obligations arising from contracts
concluded before this Convention, one or the other of the two High
Contracting Parties with third States.
Article 12.
Deferment of publication.
If it is required by the person in the requested State, prosecuted or sentenced for another
the offense than the one that gave rise to the request for extradition, it must
the State, however, on the request for the release of rozhodnouti. But the handover of the accused
will be delayed until then, when the prosecution will be dropped when the
freed, when to serve his sentence or pardon him, will be given, or when
his binding imposed by 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
a condition that will be sent back as soon as the courts decide about criminal
the Act, which had given rise to the application for release.
Article 13.
Release limits.
The released person will not be stíhati or odsouditi in the requesting State for
a different offense than the one for which her release was permitted.
For offences committed before the release will be issued by the person, stíhati
the soul chastise or to a third State only:
and if the State), which authorised the release to your agreement. About this
consent will stay in the manner provided for the request for the release of the documents
calculated in article 7;
(b) if the designated person) remained voluntarily in the territory of a State, which
was released, more than a month from the day when there has been tried, and in the case of
conviction date, when there has been released, or if the
the designated person opustivši the territory of the State, which has been issued with
later on this territory, although so do not pause.
The application of the State, which gave its 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, the person will be
released without the soul can be for the same reason.
Article 15.
The issue in the short way.
Criminal who, once released, it will avoid the kterakkoli of Justice and
Resorts again to the territory of the requested State, or at least it will be on the way
This territory, to the request of the competent authorities, made directly or
through diplomatic channels, arrested and released again, and without further formalities.
Article 16.
The transit of the persons released.
The transit of the person who was issued the second side of the third State in the territory of one
of the two High Contracting Parties, will be allowed, if it is presented in the
the original or a copy of the original, some of the instruments referred to in article
7. If the offence justifying the request for transit provided for in article 2.
of this Convention.
Legislation on the issue also applies to transit.
The transit will be ensured by the authorities of the requested State under the conditions and the way
This specifies.
Article 17.
File delivery in criminal matters.
If in criminal matters will be considered necessary, to the court case file
coming from one of the two High Contracting Parties has been delivered
the person existing in the territory of the other State, the file will be forwarded to the requested State
through the diplomatic channel.
In the diplomatic representative of the requesting State requests a delivery receipt will be
There is the authority from which the file came from, the address příjemcovu, the type of file and
the criminal case, on which the file applies to.
However, it will not be delivered by denouncing the judgments handed down by the courts of one of the two
High Contracting Parties, as well as a summons to appear as a
the accused, those courts ordered, relate to nationals of the other party.
The requested State shall, as a general rule, that will give the doručiti file to the addressee,
If it adopts this voluntarily.
The delivery will be shown either dated and signed by the recipient
the receipt or confirmation of the authority of the requested State, in which it will be
found that the file was delivered, how and which day is so
happened. If the file that is to be delivered, mailed in duplicate, copy only.
It will be a receipt or confirmation of the napsati příjemcovu on the authority of the
both copies, which will be returned.
If addressee denies accept the file, this will be on a voluntary basis to express
diplomatic representative of the requesting State requests delivered to addressee
law of the requested State in a manner recognised.
Writings about the performance of the application will be requesting the representatives of diplomatic
sent without translation.
Article 18.
Request.
If in criminal proceedings before the courts of one of the two Contracting States
will be found to be necessary to have heard of the person, which are on the territory of the
the other State, or to any other investigative action was
executed, the Court shall submit a request to the objectives of the diplomatic path. Request
will be carried out in a manner prescribed by the law of the requested State.
Writings about the performance of the request of the applicant will be representatives of diplomatic
sent without translation.
Article 19.
Collecting and appearance of people existing in the second State.
If in criminal proceedings before the courts of one of the two Contracting States
will be found to be necessary or desirable in order to personally appear a witness or
the expert, who is on the territory of the other Contracting State, it shall encourage the authorities of the
in this State, to comply with the summons referred to the courts, which will be their
through the supplied.
The costs of personal appearance, the witness or expert to be charged
of the requesting State and in the writ there will amount to be witnesses
or replaced by experts as the cost of travel and stay, as well as the amount,
the requested State may, when summoned by the person declares that he wants
writ, vyhověti to offer her the advance subject to refund the applicant
State.
No witness or expert, whatever is in any national of that,
being summoned under 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, which are the subject of proceedings in which
arrived.
These persons shall, however, this leaves the territory of the requesting
the State, though it might do, within five days from the time when their
the presence was not needed before the courts already.
If the summoned person is in custody in the territory of the requested State, it will be
to that, with the commitment that will be sent as soon as possible
back. This request will not be zamítnouti, except for special considerations
in particular, if the defendant expressly against the prisoner.
It will also be allowed under the conditions specified above for transit transport
and back to the territory of one of the two High Contracting Parties of the person imprisoned in
third State, whose confrontation with the prosecuted person or witness
hearing the other party could be considered suitable.
Article 20.
Communication files.
If, in the criminal proceedings held in one of the two States will be found
necessary, to objects, writings or any documents that are for offices
the second 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
the commitment that the articles, writings or documents will be returned.
Article 21.
Refusal of legal aid.
Legal assistance provided for in articles 17 to 20 shall be odepříti in the case that the requested
the State will have for it is abhorrent that its sovereignty or its
the safety. Will it can be odepříti in the case that under the provisions of
This Convention was not an undertaking povoliti release.
Whenever legal aid will be denied, the applicant will be informed
and the reason why it happened, be communicated to him.
Article 22.
Connection with the issue of things.
The authorities of both High Contracting Parties shall issue to request objects,
that the accused's offence, or which may serve for
evidence, even in the case that these items were subject to seizure
or confiscation.
If these items are in the possession of the accused at his release or his
transit, when possible, will be issued at the same time with the person released 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 issue will be vztahovati
also to all the articles that accused hid or put in the State
povolivším Edition and which were later found.
The 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.
The State, on which the release of these items has been applied for, may temporarily
ponechati, if it is necessary for criminal proceedings. May is also
zaslati with the condition that he be returned for the same purpose, it undertakes that
It then 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 lifts from the
criminal register concerning the final (whether unconditional get
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, give to the request, made through the diplomatic
along the way, the authorities of the other party for free information from the criminal register
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 national of the requested State.
Article 24.
The costs of legal assistance in criminal matters.
Expenses incurred by the applications for the issue or of any other legal assistance in
criminal matters shall debit the party in whose territory they were due.
However, it shall notify the authorities of the requested party to the requesting side of these
expenses for the purpose of payment by the person who is obliged to bear them.
Amounts from her selected go to the requested State.
An exception is compensation for a good idea of all kinds, as well as the expenses incurred by the
a summons or appearance of persons in custody in the territory of the existing State of the
the requested. These costs will be borne by the requesting State. The requesting
the State also will cost průchodnými hraditi transit the territories of the parties,
which release or temporary transfer was enabled.
As borne by the requesting State expenses for the temporary transfer of persons
required and return them (article 12, second paragraph).
Article 25.
Ratification, entry into force, denunciation.
This Convention shall be ratified and the ratifications as soon as possible in Paris
replaced.
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 will also vztahovati to offences committed before the fit
in the force.
Czechoslovak and French texts of this Convention are equally original.
On the conscience of the top appointed agents signed this Convention and
getting it to your pečeťmi.
Done in duplicate at Paris, 7 May. in May 1928.
Stefan Osusky in r.
Emil Spira in r.
Charles F H in r.
Aristide Briand in r.
Prozkoumavše this Convention, we agree and we confirm it.
The conscience we have signed this sheet and the seal of the Republic of
The Czechoslovak přitisknouti.
Prague Castle 17 May. may devítistého the twentieth one thousand years
the ninth.
The President of the Czechoslovak 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 Paris on
January 8, 1931, so the Convention shall take according to article. 25 the international scope of the
on 8 July 2006. February 1931.
Dr. Edvard Beneš in r.