3/1996.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that 27 April 1994. June 1994 was in
Vienna signed an agreement between the Czech Republic and the Republic of Austria on the
Appendix to the European Convention on mutual assistance in criminal matters of 20.
April 1959 and facilitating its application. ^ 1)
With the Treaty, its assent, Parliament of the Czech Republic and the President of the
the Republic has ratified it. The instruments of ratification were exchanged in Prague on
October 3, 1995.
The contract on the basis of article XIX, paragraph 2. 2 entered into force on
January 1, 1996.
The Czech version of the Treaty shall be designated at the same time.
CONTRACT
between the Czech Republic and the Republic of Austria on the appendix to the European
the Convention on legal assistance in criminal matters of 20. April 1959 and
facilitate the application of
Article. (I)
(Article 1 of the Convention)
(1) legal aid is granted also for proceedings for reasons of committing
the offence for which the punishment at a time when legal assistance is requested,
It belongs in a Contracting State within the jurisdiction of the Court and in the other Contracting
State to the jurisdiction of the administrative authority.
(2) if the subject of the legal aid service of documents, then it is not
needed to proceedings in the requested State belonged to the jurisdiction of
judicial or administrative authority.
(3) the legal assistance requested pursuant to paragraph 1 may be refused,
If the acts had no or only insignificant consequences and costs
related to the provision of legal aid would not be justified.
Article II
(Article 1 of the Convention)
The Convention and this agreement is also used
and in matters of recovery proceedings),
(b)) in matters of grace,
(c)) in proceedings relating to claims for compensation for an unjustified binding
the other, incurred as a result of the criminal proceedings, the drawbacks or
wrongful convictions, shall not apply if other international Convention.
Article. (III)
(Article 2 of the Convention)
(1) legal aid is granted in the context of the article and also for offences
tax, customs, foreign exchange, and the nature of the monopoly or related
the contributions and benefits and for offences in violation of
regulations disposal of goods or provisions of foreign trade.
Legal aid may be refused only evidence that
the law of the requested State does not have the same tax, customs, monopoly and
Exchange regulations or provisions in the contributions and benefits and as well
so even the rules for economic relations and foreign trade as a right
of the requesting State.
(2) the duty of confidentiality, which according to the legislation of the Contracting States there are in the
fiscal matters, pursuant to this article shall not prevent legal aid
to be granted. Circumstances or facts which are
the judicial or administrative authorities of a Contracting State in the context of
applications for legal aid are subject to obligations of confidentiality will you
lays down provisions of that Contracting State in fiscal matters.
Article IV
(On article 3 of the Convention)
(1) the articles or other material assets that originates from the crime, for which the
There is a risk of the penalty by the Court, or have been through a criminal offence
obtained will be passed to the release of the victim or other
decision of the Court in the requesting State, if this is the law of the
the requesting State permissible and does not occur if the situation that
and) subjects are in the requested State required as evidence in proceedings
brought before a court or an administrative authority,
(b)) are subject to the items in the requested State confiscation or forfeiture or
(c)) shall apply to them a right of a third party.
(2) the request under paragraph 1 is not required by the Court to order security.
(3) the requested State does not ensure the tariff items
the lien or other kind of liability under the provisions of the Customs and tax
rights and disclaims such articles so the return of the subject, if the
the crime damaged the owner of objects owed this benefit alone.
Article. In
(On article 4 of the Convention)
(1) the representatives of the bodies active in criminal proceedings, other interested parties and
their legal advisors at the request of the requesting State shall permit the
could be present at the execution of acts of legal aid in
the requested State. Can suggest additional questions or perform
additional operations. Here is article 12 of the Convention.
(2) in the performance of official duties of the representatives of the authorities of the other Contracting
State referred to in paragraph 1 in the Czech Republic, after indictment in
the requesting State agree to the Minister of Justice, otherwise
the Prosecutor in the Republic of Austria, the then Federal Minister for
Justice.
Čl.VI
(Article 5 of the Convention)
Legal aid in the form of collateral subjects or tours provides
only in cases where the areas of prosecution in the requested State
of the offence leading to the submission of the application at the time when the legal aid
calls, within the jurisdiction of the judicial authority.
Article. (VII)
(On article 6 of the Convention)
The requested State may waive the return of articles of evidence or
of documents, if third persons claiming their right to these things
not to declare that disagrees.
Article. (VIII)
(On article 10 of the Convention)
Article 10, paragraph 1. 2 the Convention shall in any event be applied when the summons
the witness or expert. These persons may themselves require advance under article
10, paragraph 1. 3 of the Convention.
Article. (IX)
(Articles 11 and 12 of the Convention)
(1) if the requested State shall permit to a person who is in custody at the Metropolitan
the territory of the requesting State, was present for the execution of the request for legal
help, then it must for the duration of residence in their territory to hold
in custody, and after discussion of the acts associated with the provision of legal aid it
They shall immediately forward to the requesting State once again, if this is not required
release to freedom.
(2) If a third State to a person who is in custody at the Metropolitan
the territory of a Contracting State, the presence of examining an application for
legal aid, then apply for the transit of persons through the territory of the sovereign base
other Contracting State also paragraphs 2 and 3 of article 11 of the Convention.
(3) the provisions of article 12 of the Convention are used in the cases referred to in
paragraphs 1 and 2.
Article. X
(On article 13 of the Convention)
(1) the requested State shall communicate information from the criminal records of the requested
the police authorities of the other Contracting State for the purpose of criminal proceedings in
to the extent that it could receive his own police authorities
in such cases.
(2) for reasons other than for the purposes of criminal proceedings, at the request of
authorities of the other Contracting State provide information from criminal
the index of the other Contracting State to the extent that they could
to get its own authorities in such cases.
Article. XI
(On article 14 of the Convention)
(1) applications for delivery within the context of data about the subject and reason for the request
also specifies the type of the document that is to be delivered, and the position of the
the recipient in control.
(2) the application for survey or securing evidence, or
of documents shall be accompanied by a copy or a certified copy of the court order.
If no application for the purpose or inspection apply
the original or a certified copy of a court order, then just a declaration
the competent judicial authority, that the assumptions required for this
the measures are determined by the legislation in force in the requesting State.
Article. (XII)
(Article 15 of the Convention)
(1) unless otherwise provided in this Treaty, the judicial authorities of the two
of the Contracting States, in matters of legal assistance in criminal matters
socialize directly. You can request under the Convention and this agreement forward
through the Minister of Justice of the Czech Republic, if it was in
the requesting State has already filed the indictment, otherwise through the Supreme
the State representative of the Czech Republic on the one hand, and the Federal Minister of
Justice of the Republic of Austria on the other.
(2) requests for inspections or collateral, handing over of about
transfer or transit of prisoners are passed through the highest
the public prosecutor or Minister of Justice of the Czech Republic and
Federal Minister of Justice of the Republic. In urgent
cases is allowed immediate contact between judicial authorities,
However, it is necessary to transmit a copy of the application along the way, implied in the
sentence 1.
(3) to be sent documents can also be delivered immediately by post
According to the regulations valid for the mail contact. Documents sent by post,
the sending is not in accordance with the Convention and this agreement, shall be admissible
in both of the Contracting States shall be considered as recipients miscarried.
(4) the application referred to in article X of this agreement are forwarded to the highest
a representative of the United Kingdom on the one hand, and the Federal Minister of
the Interior of the Republic of the other part, and in the same way on them and
corresponds to. When the risk of default is allowed immediate contact between the
the police authorities and the competent authorities from the criminal record.
Article. XIII
(Article 16 of the Convention)
(1) the Translation of applications submitted under this contract or
handouts are not connecting, unless otherwise provided in this Treaty.
(2) documents which are to be delivered, you must attach a translation
in the language of the requested State, prepared and certified officially laid down
an interpreter, having its registered office in one of the Contracting States. Verification of the
the signature of an interpreter is not necessary.
(3) if the document is to be served, provided with a translation into the
the language of the requested State, the requested court shall be limited to,
delivery by passing documents to the recipient indicated in the request, if it
willing to accept.
(4) documents that are sent in accordance with article XII, paragraph 2. 3 of this
contract immediately by post, must always be connected to language translation
of the requested State. If it is not fitted with a translation to be served
the language of the requested State, then the delivery shall apply in both Contracting States under the
unrealized. When the service of documents by post its own State
Members may not be accompanied by a translation.
Article. XIV
(Article 20 of the Convention)
Costs incurred by passing objects and other assets according to
Article IV and incurred by passing and průvozem prisoners under article IX
shall be borne by the requesting State.
Article. XV
(Article 21 of the Convention)
(1) based on the passed criminal notification pursuant to article 21 of the Convention
initiate the competent authorities of the other Contracting State under the legislation of
This State criminal proceedings in the same way as for a criminal offence
committed in the territory of its State. The requested State shall carry out control of the deeds
against the foreign assets that are under the law of the requesting State of the Court
criminal, even if under its national law, are competent for the proceedings
administrative authorities.
(2) the competent authorities of the State of the crime scene, to review in particular
case, whether the administration of criminal notification pursuant to article 21 of the Convention is
desirable in the interest of finding the truth, the other reasons are important for the criminal
proceedings, for reasons relating to the imposition of sentence or the execution of punishment or
the interest of the resocialization of the accused.
(3) For the assessment of the Court of crimes committed in the transport sector in the
the requested State is based on the traffic regulations in force at the scene.
(4) the draft required for initiation of criminal proceedings or similar authority,
that was given in the requesting State, are effective even in the requested State.
If only according to the law of the requested State must request or a mandate,
then it is possible to deliver in addition within a reasonable period, which the requested
State.
(5) the application shall include a brief presentation of the facts, as well as
If possible, the most accurate data about the State of the accused person
citizenship and place of residence or stay. The application shall be accompanied by:
and the original or a certified true copy) (copy) files, as well as material evidence,
under consideration,
(b) a copy of the provisions) on the merits and the penalty to be applied to the
Act according to the law in force in the place of the crime, and the Criminal Court for acts
committed in the transport sector in addition to traffic regulations applicable to their
assessment,
(c)) Declaration the injured party which are necessary for the initiation of criminal proceedings.
(6) the items of evidence and original documents are returned to the applicant
State as soon as possible, if the requesting State has waived the recovery.
The existing law of the requested State or third parties to the passed
items shall remain unaffected.
Article. XVI
(Article 21 of the Convention)
The judicial authorities of the requesting State shall refrain from the definitively
other measures relating to prosecution or execution of sentence for the offence for
that has been made to take over the prosecution of the accused:
and if punishment sentences) in the requested State has been executed, pardoned or
is barred,
(b) if the sentence was) totally or partially postponed or adjourned
the decision on punishment,
(c) evidence of reasons) when the accused person has been lawfully exempted from
the indictment or proceeding against her was finally stopped.
Article. XVII
(Article 24 of the Convention)
In the spirit of this agreement, for the judicial authorities consider the:
and) for the Czech Republic: the courts, the public prosecutor's Office and the Ministry of
Justice,
(b)) for the Republic of Austria: the courts, the public prosecutor's Office and the Federal
the Ministry of Justice.
Article. XVIII
(Article 29 of the Convention)
Terminates if one of the Contracting States to the Convention, then it would be all denunciation
in the relationship between the Czech Republic and the Republic of Austria the validity of two
years after the receipt of the notification of denunciation of the Convention to the Secretary-General
The Council Of Europe.
Article. XIX
(1) this Treaty is subject to ratification. The instruments of ratification shall be exchanged
in Prague.
(2) the contract shall enter into force on the first day of the third month following
After a month in which the instruments of ratification have been exchanged.
(3) the contract shall remain in force for an indefinite period, unless one of the
of the Contracting States in writing through the diplomatic channel by the contract; in this
If the validity of the contract shall cease one year after the termination, but not to
the term, which expires the European Convention on legal aid
in criminal matters between the Contracting States of this Treaty. On the evidence of
agents of both Contracting States have signed this agreement and it
seals.
Given in Vienna on 27. June 1994 in two original copies, each
in Czech and German, both texts being equally authentic.
For the Czech Republic:
JUDr. Jiří Novák in r.
the Minister of Justice
For the Republic of Austria:
Dr. Nikolaus Michalek in r.
Federal Minister of Justice
1) European Convention on mutual assistance in criminal matters of 20 April.
April 1959 under the famous No. 550/1992 Coll.
