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Extradition And Legal Assistance In Criminal Matters With France

Original Language Title: Vydávání zločinců a právní pomoc ve věcech trestních s Francií

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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.