473/1990 Coll.
The communication from the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 23 July. may
1989 in Prague was signed the Treaty between the Czechoslovak Socialist
Republic and the Socialist Federal Republic of Yugoslavia on
the mutual transfer of sentenced to imprisonment.
With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
the Republic has ratified it. The instruments of ratification were exchanged in Belgrade
on 26 April. September 1990.
Treaty has entered into force, pursuant to article 23, paragraph 1. -1 day ago
October 27, 1990.
The Czech version of the Treaty shall be designated at the same time.
Contract
between the Czechoslovak Socialist Republic and the Socialist
Federal Republic of Yugoslavia on mutual transfer of sentenced to
prison sentence
The Czechoslovak Socialist Republic
and
Socialist Federal Republic of Yugoslavia,
Desiring to further develop relations of mutual trust and cooperation in the
contract law, noting that the execution of the sentence
freedom in the State, whose citizens are condemned, would contribute to a fuller
assist the social reintegration of offenders, starting from the principle of
humaneness, agree to enter into this agreement.
To this end, have designated as their agents:
The Czechoslovak Socialist Republic
JUDr. Jaromír Johanese,
Minister of Foreign Affairs,
Socialist Federal Republic of Yugoslavia
Young Parents,
Ambassador Extraordinary and Plenipotentiary of the
The Socialist Federal Republic of Yugoslavia
in the Czechoslovak Socialist Republic,
who, having exchanged their full powers, found in good and due
the form, have agreed as follows:
Part the first
General provisions
Article 1
(1) the Contracting States shall, under the conditions laid down in this agreement mutually
to carry out custodial sentences imposed on judicial pravomocnými
the decisions, which were the nationals of a Contracting State
sentenced to imprisonment in the territory of the other Contracting State and
this end will pass on the basis of mutual consent to the exercise of
the nationals of the other Contracting State.
(2) A State citizen of a Contracting State shall be treated as a person who, in accordance with
the legal order of the Contracting State has his citizenship.
Article 2
(1) the competent authorities of the Contracting States under this agreement between
each other directly; by the Czechoslovak Socialist Republic
the Ministry of Justice of the Czech Socialist Republic and the Ministry of
of Justice of the Slovak Socialist Republic, by the
The Socialist Federal Republic of Yugoslavia, the secretariats of
Justice of the Socialist Republics of Bosnia and Herzegovina, Macedonia,
Slovenia, Serbia, Croatia, Montenegro and Socialist Autonomous
regions of Vojvodina and Kosovo.
(2) the institutions referred to in paragraph 1 may socialize and through diplomatic channels.
Article 3
(1) an application submitted, in accordance with this agreement and the documents that need to be
connect to, shall be drawn up in the language of the requesting State party. To them, the
Appends a translation in one of the languages of the requested State party. Their
authentication is not required.
(2) pursuant to this agreement, the "language of the requesting Contracting State"
means:
and the Czechoslovak Socialist Republic) in Czech and Slovak language;
(b)) in the Socialist Federal Republic of Yugoslavia language
/Bosnian, Croatian, Slovenian and Macedonian literary.
Article 4
The Contracting States shall not be transmitted to the imprisonment of their own
the State's citizens.
Part two
Transfer to imprisonment
Article 5
(1) the transfer of the convicted person to imprisonment, shall be carried out only
If the offence for which the penalty was saved, a criminal court in accordance with the legal
regulations of both Contracting States.
(2) the transfer of the convicted person to imprisonment can be done
then, when the judgment became legally valid.
Article 6
Passed for a custodial sentence shall not apply if:
and not sanctioned by) the transfer of the legal order of one of the Contracting
States;
(b) a criminal offence have been judicially) under the law of the requested Contracting
the State violated tax, customs or foreign exchange regulations or the regulations of the
foreign trade;
(c)) the sentence is time-barred or is not allowed from other
due to legal reasons under the law of one of the Contracting States;
(d)) judgment was handed down in the absence of the convicted person;
(e) endanger the safety of) the transfer of the requested State or in
contrary to the principles of public order;
f) convicted has a domicile in the Contracting State in which the Court
judgment.
Article 7
In addition to the cases provided for in article 6 of this agreement to pass and performance
imprisonment also does not occur if:
and) not reached the consent of the Contracting States on the transfer of the convicted person in accordance with
the terms of this agreement, taking into account the observations of the
of the convicted person;
(b) the convicted person is in) prison population in the territory of the Contracting
State whose court judgment, and at the time of submission of the application remains
a sentence of imprisonment of less than 6 months. If it has been stored more
penalties involving deprivation of liberty shall be added together, these sentences or their balances.
Article 8
(1) where a national of a Contracting State was
convicted of indictable offence on the territory of the other Contracting State to the
imprisonment, both of the Contracting States may request that the sentence was
executed on the territory of the State of which the convicted person is a national.
(2) the complaint to pass a convicted person to imprisonment in the
the territory of the Contracting State of which he is a citizen may submit in addition to
also convicted persons legs in his favour to submit corrective
resources in criminal proceedings under the law of the Contracting State of which the
of the person's nationality.
(3) the Court that made the judgment, shall instruct the convicted person of the State citizen
the second State of the options referred to in paragraph 2 of this article.
Article 9
(1) a request under this Agreement shall be made in writing.
(2) a Contracting State of the Court judgment, the request for transfer to the
imprisonment accompanied by:
a certified copy of the judgment) with proof of legal force, including the judgments of the
or order of a higher court, if they have been issued;
(b) the text of the provisions of the Criminal Code), on which the conviction is based;
c) personal information about, condemned, his nationality, domicile or
place of residence;
(d) confirmation of the performed part of the) sentence;
(e) Protocol on the representation of the convicted person) to pass;
(f)) other documents and information which may be relevant for the assessment of
request.
(3) the Contracting State of which the person's nationality, the application for
transfer to imprisonment accompanied by:
and personal information about, condemned), about his citizenship, or
place of residence or place of stay;
(b)) other documents and information which may be relevant for the assessment of
request.
(4) where a request for surrender to the imprisonment of the Contracting
the State of the person's nationality, shall send to the Contracting State whose
the Court handed down a judgment, along with an affirmative opinion of whether or not documents
referred to in paragraph 2 (a). a), b), (d)), e) and (f)) of this article.
Article 10
In the absence of a request for surrender of the convicted person to imprisonment
the freedom of all the necessary information and documents, the requested State party
to apply for the supplement, which can specify a time. This time limit may be
the request is extended. If the replenishment request is granted, it will be about
transfer of the convicted person to imprisonment in
the basis of existing data.
Article 11
The requested State party shall inform the applicant as soon as possible
Contracting State of its consent to the taking over of the convicted person under the terms of
This contract or fail the request. Non-compliance of the request, whether
partial or full, it should be justified.
Article 12
(1) the Passing of the convicted person to imprisonment, to the Contracting
State of which he is a citizen, ending with the sentence in the territory of the Contracting
State whose court judgment. A convicted person who performs punishment
deprivation of liberty in the territory of the Contracting State whose court sentencing
will remain in prison until his transfer to performance
imprisonment of the Contracting State of which he is a citizen.
(2) If a convicted person avoids imprisonment in the territory
the Contracting State of which he is a national of that Contracting State, about
It shall inform the Contracting State whose court judgment. If he returns
convicted on the territory of the Contracting State whose court judgment, it is
that Contracting State shall be entitled to require the performance of the rest of the sentence,
If there is no container delivery.
(3) a sentence of imprisonment on the territory of the Contracting State of which he is
of the person's nationality, the law of the Contracting State whose court
sentencing to imprisonment within its territory.
Article 13
(1) in case of transfer of the convicted person to imprisonment is
the Contracting State of which the convicted person is bound by the findings of citizen
the essence of which is determined by a decision of the Court of a Contracting State, in the
which it was issued.
(2) the Court of a Contracting State of which the convicted person is a citizen of, hands down
According to the law, the judgment with the penalty of deprivation of liberty, which is
It has to be done with regard to the penalty of deprivation of liberty imposed in the Contracting
State court sentencing and imprisonment cannot
be replaced with financial sanctions.
(3) the decision on the proposal for renewal of the criminal proceedings is exclusively
entitled to a Contracting State of the Court judgment.
(4) If, after the transfer of the convicted person to imprisonment was
judicial decisions of the Contracting State whose court judgment, cancelled
or changed, that Contracting State shall immediately notify the State whose
of the person's nationality. On the basis of the new ruling, the Court
Contracting State of which the convicted person is a citizen, shall decide on the further
imprisonment pursuant to the provisions of this agreement.
Article 14
(1) upon transfer of the convicted person to imprisonment cannot be
a prisoner saved higher imprisonment than what he was saved
on the territory of the Contracting State whose court judgment.
(2) the portion of the sentence that the convicted person had done on the territory of
Contracting State whose court judgment, being included in a sentence
deprivation of liberty, which has carried out on the territory of the Contracting State of which he is
citizen.
(3) the Contracting State of which the person's nationality, shall inform the Contracting
State court sentencing of decision on imprisonment,
that doomed in its territory.
Article 15
Imprisonment, including conditional release shall be governed by
the laws of the Contracting State on whose territory it is carried out.
Article 16
(1) after the transfer of the convicted person of amnesty may be granted to the Contracting
State whose court judgment and the Contracting State of which he is
of the person's nationality. Shall take such a decision, the State party
the Court judgment, it shall immediately inform the State party,
the person a citizen.
(2) the grace of a prisoner after his pass grants the Contracting State of which he is
of the person's nationality and which was passed to imprisonment
freedom.
Article 17
Handover and takeover of the convicted person shall be carried out at the site of the border crossing
Contracting State whose court judgment. Place, time and manner of
handover and takeover of the convicted person shall be determined by mutual agreement of the Contracting
States.
Article 18
Costs associated with the passing of the convicted person, incurred to the time of his
the surrender shall be borne by the Contracting State on whose territory they arose. The cost of air
transport shall be borne by the Contracting State that that is the way of the transfer requests.
Article 19
(1) a Contracting State shall, at the request of the other Contracting State through its
the territory of the transit of the convicted person, that was passed by a third State contract
the requesting State about the transit. The requested Contracting State is not obliged to allow
the transit of the convicted person, if he could, under this agreement to refuse
the handover.
(2) an application for transit operations shall be submitted and shall be handled as well as the application for
transfer to imprisonment.
(3) the authorities of the requested State party shall carry out the transit operation in a way that
deemed most appropriate.
(4) the cost of transit of the convicted person, in the territory of one
a Contracting State shall be borne by the Contracting State which asks for the transit.
Article 20
The contract shall also apply to a judicial decision that was released before
its entry into force.
Part three
Final provisions
Article 21
The issues that arise in the implementation of this Agreement shall be resolved
the Contracting States through diplomatic channels.
Article 22
This agreement is subject to ratification. The instruments of ratification shall be exchanged in
Belgrade.
Article 23
(1) this Treaty shall enter into force on the expiry of 30 days from the date of the exchange of
instruments of ratification.
(2) this Agreement shall be concluded for an unlimited period of time. It may be in writing
denounced by each Contracting State through the diplomatic channel with the notice
period of 6 months.
Done at Prague on 23. May 1989 in two original copies, each
in the Czech language and srbochorvatském, both texts being equally
force.
For the Czechoslovak Socialist Republic:
JUDr. Jaromir Johanes in r.
For the Socialist Federal Republic of Yugoslavia:
Dušan Parent in r.
