65/1932 Sb.
CONVENTION
between the Republic of Czechoslovakia and the Kingdom of the Netherlands on the issue
criminals and legal assistance in criminal matters.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC
And
THE KINGDOM OF THE NETHERLANDS
THIS AGREEMENT HAS BEEN NEGOTIATED:
CONVENTION
between the Republic of Czechoslovakia and the Kingdom of the Netherlands on the issue
criminals and legal assistance in criminal matters.
The President of the Czechoslovak Republic and her Majesty the Queen
The Dutch rozhodnuvše are together, they agree on a Convention on extradition and
the transit of criminals, as well as on legal assistance in criminal matters,
name to target their agents:
The President of the Republic:
Mr. Edvard Beneš,
Minister of Foreign Affairs,
Her Majesty the Queen of the Netherlands:
Its Excellenci of Mr. Hendrik Muller van Werendycke,
doctor of philosophy, doctor honoris causa of rights, their extraordinary
Envoy and Minister splnomocněného,
who sdělivše your power of Attorney, and shledavše is in good and due
the form, have agreed on the following provisions:
TITLE I.
The extradition of criminals.
Article 1
General provisions
The Contracting Parties undertake to each other shall be issued according to the principles
provided for in the other articles, if it's not about offences, persons who
have been convicted or prosecuted for any of the offences
calculated in article 2, if the Act was committed outside the territory of a State which is
asked about the issue, and belongs to the committed offence, also by legislation
State of the requested between the offences below the calculated. However, when the Act,
which justifies the extradition request was committed outside the territory of the State
that requires, will be granted this request only when the legislation
State of the requested permits prosecution for the same offences committed outside
its territory.
Vyhražují Contracting Parties reserves the right to release members of the third odmítnouti
State, when that State is in a State of war with the State requiring the.
The Contracting States do not have in any way their own State
members.
Article 2
For which crimes will be allowed to issue
The offences for which it will be possible to insist for the issue, are as follows:
1. and) attack on the life or freedom of the King, the reigning queen, Regent,
the President of the Republic or any other head of a friendly State or acts
committed intend to do is unfit for the performance of the Government;
(b)) the attack on the life or freedom of the Queen of nepanující, the future heir of the
the throne or a member of the ruling family;
2. intentional killing without balance sheet or premeditated murder, intentional killing
without the balance sheet or premeditated murder of the child;
3. threats committed in writing and under a certain condition, if the laws of the
both States permit issuance for this reason;
4. expulsion of the fetal předsevzaté a pregnant woman or other persons;
5. bodily harm or injury přivoděné wickedly in advance
rozváženém, if the effect of the disease probably nezhojitelnou,
permanent incapacity to personal work, loss of use of neobmezeného
a hard crippling or even death, but without the intention of it
způsobiti;
6. violent fornication; naughty negotiations; extramarital physical contact with the
a girl or woman under the age of fourteen or older woman, when
the offender knows that this is unconscious or insanity,
indecent acts, when the offender knows that the person to whom it is performed, is
unconscious or insanity, or when that person has not reached
the age of fourteen years; the seduction of persons under the age of fourteen years to commit or
suffering of unethical acts or mimomanželskému contact with a third person;
fornication committed by a person with an nezletilcem of the same sex; fornication
committed with persons who are under the supervision of or to the powers of the pachatelovou;
trade in women and minors of the male sex;
7. seduction of minors to commit fornication, and all proceedings which have as their object
promoting sexual immorality of minors;
8. dvojženství;
9. abduction, concealing the child, concealment of his civil status, confusion or
spoof of the child;
10. the abduction of minors;
11. the falsification or adulteration of metal and paper money or banknotes in
intended to be vydávati either in person or using the other as a right and
genuine or placing in circulation of counterfeit or falsified metal and
paper money or banknotes, when that is done intentionally; the issue, holding
or imported metal and paper money or banknotes from abroad in
It is beheld in the circulation of intention as nepadělané or genuine, if
the offender is either a forgery or falsification of itself or if he knew in
While it is accepted that they were counterfeit or adulterated;
12. counterfeiting or falsifying Government stamps and markings or marks,
that they are připodobněny in this respect, if the laws of both States
allow the release for this reason;
13. deliberate falsification of documents and the use of forged or falsified
of the instruments;
14. perjury;
15. bribery of public officials, abuse of power, the official from zištnosti,
embezzlement committed by public officials or persons in
being treated as such;
16. arson, when vzejíti of the general danger to property, or
the risk of death for another; arson committed by intention, however each other
or third party unlawful favour to the detriment of pojistitelově or
legal contract holder to borrow on the ship;
17. the intentional illegal destruction of buildings belonging in whole or in part
the person of another or destruction of a building or structure, when it may
vzejíti of the general danger to property or danger of death for the other;
18. violent acts against persons or against property committed publicly and
together more people;
19. the unlawful act committed with the intention of sinking or přivoditi
the wreck, its destruction, the inability to use, or damage to,
they can vzejíti a danger to the other;
20. rebellion and disobedience to the passengers on board the ship against the captain and
rebellion and disobedience of the ship's crew against his superiors;
21. the intentional infliction of danger for the train on the rail;
22. the theft;
23. fraud;
24. the misuse of the client bids;
25. embezzlement;
26. fraudulent bankruptcy.
In the preceding qualifications included are attempt and participation.
Article 3
For which crimes will not be allowed to release.
The issue will not be allowed:
1. as long as the person is required to be prosecuted for the same offence in the
the State, which is required to issue, or if the Act was
lawfully controlling sentenced, declared, no penalty shall be exempt if he or she
She granted a pardon;
2. If, under the law of the State which is required to issue, was
barred crime or punishment before the person was required
arrested, or, if not yet to her arrest, before the person was
the obeslána to appear before the Court;
3. If, under the law of the requested State, the prosecution reserved its
private courts, assuming the prosecution there at the time of one
year from the time when the requested State has an extradition request.
Article 4
When can I odložiti pass issued by the people; on the temporary release.
If it is required by the person being prosecuted or is serving a sentence for another crime
performance than the one for which it was sought for the issue, the issue of the allowed
When it's over her prosecution in the State which is on the issue of being asked, and in
When she was sentenced to serve his or her sentence will be awarded
Grace. However, required by the person will be able to be temporarily released for this
to come to the courts of the State of requiring, under the condition that
will post back as soon as the criminal prosecution is completed.
Article 5
On the limits of the law to the issue.
Expressly provides that the person will not be able to be issued in the State in which the
was released, or prosecuted, or punished for any offence
other than those mentioned in this Convention and committed prior to its release, and it will not be without
the consent of the State which authorised the release, nor prosecuted or punished for
another offence referred to in this Convention and committed prior to its release,
than is the one for which extradition has been requested, and that it will be also released
third State, unless they could have in any case completely freely again
can leave the State concerned within one month after the pronouncement of the judgment and in the
If, within one month after serving the sentence or after the
She has been granted a pardon.
Persons convicted for crimes covered by the law it is
requiring the State established the death penalty will be issued only under the
the condition that the appointed punishment on them will not be executed.
Article 6
On political offences and crime konnexních.
No person shall be extradited if the offence for which it is requested
for the issue, is considered the requested Party for any offence the political
or for an offence related to a similar offence.
Article 7
On the request for extradition.
For the issue must insist in the way diplomatic and release will be allowed
only when the will the application be accompanied by the original or a certified
copy either the conviction or the prosecution case file or
resolution on the reference before the Criminal Court, a warrant has been issued in
the form prescribed by the laws of the requesting State and indicates if the
enough offense, that, as well as the date and place where the
the offence has been committed, that the requested State was taking it on, if it
According to its legislation, the case referred to in this Convention; further is
model reference number, criminal legislation, which will be applied in the present case. According to the
options either attached a description of the requested person, her likeness and other
the documents, which may serve to determine his identity.
Article 8
The additional findings.
If doubts arise, whether under this Convention vyhověti request for
the release will be the requesting State can be požádati for clarification and decision may
be postponed until they have made the clarification that these doubts
deletes.
The arrested person will be able to be released, if they are not
clarification made to the requested State within a reasonable period fixed by.
This period will be prodloužiti on a reasoned request.
Never have the persons requiring State prokazovati guilt is required.
Article 9
The provisional arrest.
Before the request for extradition is in the way of diplomatic, can
to insist on the provisional arrest of the person whose release can be to insist by
the provisions of this Convention:
the parties in the Czech Republic, the courts, the public prosecution service,
security authorities and the introduction of trestnic (sentenced);
the parties of the Netherlands, every court official or each investigating judge
(judge from active command).
Provisional arrest shall be made in the manner and according to the principles, which set out
the legal system of the requested State.
Article 10
An alien who has been provisionally arrested under the preceding article and
that may not be held in custody for another reason than because of the request for
the release can be propustiti to freedom, if, within twenty days of the
the date on which the provisional arrest was ordered, the extradition request was received in the
the diplomatic path, along with the documents prescribed by this Convention.
Article 11
Clash of the requests of several States for the issue.
If the person whose extradition is sought pursuant to the provisions of this Convention
one of the Contracting Parties, is required at the same time one or more of the
in other States, the Affairs of the State of the requested to decide which of the
requiring States will be given precedence. If the State whose
the person is a national or in whose territory it was committed
offence, is not among the States that require, the requested State is
vyrozuměti of the applications lodged by other States and can should they
reasonable period of time to express, they intend to also insist for the issue.
Article 12
On the time limit for the implementation of the release.
If enabled, it will issue requiring the State to převzíti
required by the person within a period of sixty days from the date of its diplomatic
representative in the State requested that the issue of the communication may be
carried out without delay.
After this deadline will be able to be released to the person required
freedom.
Article 13
About transit.
The transit of the person who was issued the third powers of one Contracting Party and
It is not a national of a State, the territory of the second průvozního of the States parties
will be allowed, if it is presented either in the original or in authenticated
copies of some of the documents referred to in article 7, providing that,
that the offence for which it is requested for the transit, is listed in the Convention,
and does not fall under the provisions of articles 3 and 6, and that transport, if the escort is
regards, shall affix the authorities of the State which authorised the transit its territory.
Article 14
On the issue of connection with things.
Turn your attention to things that are in the possession of the person required, will be issued to the State
field, where the competent authority of the requested State, in order to
released.
TITLE II.
On legal assistance in criminal matters.
Article 15
General provisions.
In criminal matters, the Contracting Parties shall provide each other in legal
the limits of legal assistance at the request of the diplomatic path. In particular, the
doručiti can be the instrument of criminal proceedings to persons who are on their
territory, carry out investigative measures such as the examination of witnesses and experts and the Court of
inspection, granting each other's judicial writings and evidence with the commitment
is returned as soon as possible.
The request for legal assistance in criminal matters will be met by
law of the State in whose territory the investigation is to be carried out the requested
the Act. However, at the express request of the applicant authority it will be possible to use the
the specific form of the condition that this is not zapověděna the laws of the
State of the requested. Protocols drawn up on completion of the request will not be
accompanied by a translation into the language of the requesting State oficielního.
Legal assistance in criminal matters may be denied in those cases
where pursuant to the provisions of articles 2, 3 and 6 of the Convention, it would not have the obligation to
the release of prosecutions.
Article 16
Of the hearing of witnesses and experts.
When in control, having as its object the non-political offence, the Government
one of the Contracting States considers necessary the examination of witnesses and experts, who
present in the other State, it will be sent to the request for this purpose in the way
diplomatic and request will be granted according to the law of the State
where witnesses or experts are summoned to court. In emergency situations,
However, the judicial authority will be able to one State říditi the request of the Court
authority of the other State.
Article 17
About contacting people from the other Contracting State and their appearance.
If, in proceedings concerning an offence nepolitickém is determined to be necessary
or desirable personal presence of a witness or expert in the other State, shall invite the
his Government to comply with the summons, which will be delivered to him, and if
with this souhlasiti, he will be replaced by the cost of the trip and stay
fares and rules applicable in the State where it will be heard, unless the applicant
the Government has recognized as suitable witnesses or experts want greater compensation.
No witness or expert witness, whether he hath any citizen who,
It will be sent in one of two States, volunteered to come before the courts
the other State, shall not be prosecuted or imprisoned there for an earlier crime
acts or convictions or under the pretext of abetting the crime,
that are the subject of proceedings in which will come as a witness or an expert.
The advantages that this person, however, shall cease to be, leave the guilt from your own territory
of the requesting State within three days after a court declares that their
the presence before the Court (by the authority) is no longer needed.
Article 18
When in control of the crime will be a suitable seznáno or nepolitickém
necessary, to offenders who are in custody in other State, were
brought face to face or that were sent to the evidence of the case or
of the Charter, which are in the hands of the authorities of the other State, it will be requested in
the path of the application that the diplomatic and will be granted, will not be the case for
Special considerations with the fact that it will be the duty of the criminals and the aforementioned switch
things as soon as possible.
Article 19
On the communication of convictions and extracts from criminal records.
Both Governments undertake to free each other's sdělovati all
rightful convictions of any criminal offences outside the
offences, which will be made by the courts of one of the two States against
nationals of the other State.
This communication will become the certified copy or lift the final
decision or an extract from the criminal register will be in the way of diplomatic
sent to the Government of the State whose national is convicted.
Article 20
On the costs of legal assistance in criminal matters.
Each of the two Governments shall waive all claims on each other for the reimbursement of costs to the
food, transportation and other expenses, which could vzejíti them in the circuit
relevant territory, cargo release people accused, indicted or
the convicts, as well as the costs associated with the performance of the request (nezahrnujíc
the cost of the expert), cost of transportation of criminals to there
even the back and sending and returning the connection with things and writings.
An exception is the rewards for opinions of all kinds, as well as the costs of
with the průvozem and costs that could result from the application vzejíti to
used a special form of the article 88(2) procedure. 15. this Convention.
In the case that would be deemed more appropriate to the right over the sea, the
the person should be released, conveyed to the port, which marks the
the diplomatic or consular representative requiring the Government, on whose
the cost will be naloděna.
TITLE III.
The provisions of the joint.
Article 21
Language editing.
Documents submitted in matters covered by this Convention,
should be sepsati in the language of the French or to be připojiti to them a certified
translation into that language.
Article 22
The provisions of this Convention shall also apply to the Netherlands Indies, Surinam and
Subject to the laws of the Curacao, which are later determined by the exchange of notes
between the two countries and which could be son due to the rule of law,
that applies in these overseas territories.
The modality of applications covered by the Convention and submitted by the authorities of the territory of the
or controlled will be also adjusted to these notes. Any deviation from the
Article 10. the deadline for the release of the three months.
Article 23
This Convention shall be ratified and the instruments of ratification shall be exchanged in
The Hague within two months, or sooner, if possible.
Takes effect only on the 20th day after the exchange of instruments of ratification.
In the territories of the Kingdom of the Netherlands, which lies outside Europe and which is
speech in article 22, shall become effective only on the date that will be specified in the
the notes to be exchanged pursuant to this article.
Article 24
Each of the parties will be able to vypověděti this Convention,
When shall inform the other party of its intention six months in advance.
The CONSCIENCE of this Convention was signed by agents and endow it with its
pečeťmi.
GIVEN in duplicate in Prague on 4. December 1931.
L. S.
Edvard Beneš
L. S.
Hendrik Muller
Prozkoumavše endorsement of this Convention, and we confirm it.
The conscience we have signed this sheet and the seal of the Republic
The Czechoslovak přitisknouti dali.
Prague Castle on 24. March devítistého of the 30th one thousand years
the second.
The President of the Republic:
T. g. Masaryk in r.
Minister of Foreign Affairs:
Dr. Edvard Beneš in r.
Is that the instruments of ratification were exchanged in the Hague on
April 29, 1932, and the Convention shall take under article 23. International
effectiveness on the 20th day after the exchange of instruments of ratification.
Dr. Edvard Beneš in r.
