87/1985 Sb.
DECREE
Minister of Foreign Affairs
of 26 March. August 1985
the Treaty between the Czechoslovak Socialist Republic and the Austrian
Republic on the issue of
On 18 July 2005. November 1982 was signed in Vienna between
The Czechoslovak Socialist Republic and the Republic of Austria on the
issue.
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 Prague on
July 11, 1985.
The Treaty will enter into force on the basis of its article 37 paragraph 2 day
on October 1, 1985.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Chňoupek v.r.
CONTRACT
between the Czechoslovak Socialist Republic and the Republic of Austria on the
the issue of
The President of the Czechoslovak Socialist Republic and the Federal President
The Republic of Austria,
guided by the desire to deepen and lighten the legal relations and legal contact between
the two countries,
as well as guided by the desire to completely and fully implement the provisions of the final
Act of the Conference on security and cooperation in Europe,
agreed to enter into this agreement.
To this end, have designated their agents:
The President of the Czechoslovak Socialist Republic
Ing. Bohuslav Chnoupek, Minister of Foreign Affairs of Czechoslovakia
Socialist Republic,
The Federal President of the Republic of
Dr. Willibalda Pahra, Federal Minister for Foreign Affairs of Austria
Republic,
who, having exchanged their full powers, found in good and due
the form, have agreed as follows:
Article 1
The Contracting States undertake to each other upon request pursuant to the provisions of
This agreement shall be issued by persons who are prosecuted in the requesting State for
act judicially punishable or are searched in order to pursue the Court imposed
punishment or protective measures.
Article 2
Requests for extradition and transit shall be made in writing. Correspondence with
takes place between the General Prosecutor of the Czechoslovak Socialist
of the Republic, the Minister of Justice of the Czech Socialist Republic and the
the Minister of Justice of the Slovak Socialist Republic, on the one
hand, and the Minister of Justice of the Republic of Austria on the other.
The diplomatic path, this does not exclude.
Article 3
(1) release is allowed to prosecute offences, for which, under the law of both
of the Contracting States, under penalty of deprivation of liberty for more than one year, or
protective measures of the same duration or harder punishment.
(2) the issue of the execution of criminal penalties or the protective measures that have been
validly represented in one or more of the acts listed in paragraph 1,
is authorised, if the length of the punishment or protective measures, which are to be
carried out or their nevykonaný the rest of not less than one year.
The release of the performance shall be permitted, even if only for one of the offences for which
There has been a conviction, under penalty of deprivation of liberty for more than one year, and
also for other offences, the Court may, under the law of both Contracting States save
the penalty.
Article 4
The release is in any case allow, if a multilateral Convention, the requested
State to release.
Article 5
Nationals of the requested State shall not be issued.
Article 6
The issue shall not be authorised if
1. would not be compatible with the obligations arising from the requested State
multilateral conventions,
2. the principles of the rule of law has been broken or other fundamental interests
of the requested State, or
3. release is sought for an act that, in the opinion of the requested State is
an offence of a political nature, which in the light of all the
circumstances of the case, in particular, how committed, used or intended
resources or the severity of the potential consequences of a prevailing incurred or
criminal in nature.
Article 7
The issue shall not be authorised if the release is sought for an offence which, under
the opinion of the requested State is under its law
1. the offence of a military character or
2. the Act, which have been violated, the monopoly tax, customs or foreign exchange
legislation or regulations relating to the management of the goods or
foreign trade.
Article 8
(1) release for acts that are subject to the jurisdiction of the courts of the requested State,
is not allowed.
(2) issue can be enabled without regard to paragraph (1), if permitted, for
other performance and if necessary taking into account the special circumstances, in particular from the
the reasons for establishing the truth, acreage or performance penalty to give preference
the implementation of the criminal proceedings in the requesting State.
Article 9
The issue shall not be authorised if the person who is to be extradited, was for an offence
the application concerns:
1. the sentencing by a Court of a third State and the punishment has been fully executed,
where appropriate, in whole or in part waived or his betrothed party
enforceability is barred under the law of a third State, or
2. a Court of a third State in which the Act was committed, been exempted from
or her prosecution was stopped.
Article 10
The release of the competent prosecution or punishment or
protective measures under the law of the requesting or the requested State
time-barred.
Article 11
To the enforcement of a sentence or a preventive measure has been finally stored on
the basis of the proceedings conducted in the absence of the person who is to be
issued shall issue permits only if the person was on the management,
that was against her, informed, and could apply in this proceeding
their rights of the defence, or if the requesting State shall ensure that the proceedings are
After the release it performs under its legislation again in the presence of
issued by the person.
Article 12
The issue shall not be authorised if the person whose extradition is sought shall enjoy the
the territory of the requested State asylum.
Article 13
If there is a risk the death penalty for an offence under the law of the requesting State,
but not according to the law of the requested State may not be in the requesting
the State of the death penalty, nor stored or executed.
Article 14
The release of the persons who were under the law of the requested State or under the law of
of the requesting State at the time of the crime, because of their age, be held criminally
irresponsible, shall not be authorised.
Article 15
The issue may be refused if the person who is to be extradited, the
having regard to the seriousness of the crime, from which it is blamed, apparently
unreasonably hard due to her youthful or advanced age,
her health, her long-time residence in the requested
State or other extremely serious reasons relating to its
personal circumstances.
Article 16
If the conditions for extradition under this Agreement shall not prevent the release of
an amnesty proclaimed in the requested State.
Article 17
Obligation to issue is not affected by the proposal are missing or the authorisation to
criminal proceedings that are required under the law of the requested State.
Article 18
The release of the enforcement of a sentence or a preventive measure imposed an extraordinary
the Court, which was established only temporarily, is not allowed. In the case of
release for criminal prosecution may not be issued to a person in
the requesting State before such a court.
Article 19
(1) a person shall not be Issued for an offence committed prior to his or her surrender to the
that does not apply to the issue of permits, or otherwise recorded
before passing, or being prosecuted or punished or restricted in his personal
freedom.
(2) the limits referred to in paragraph 1 shall not apply if:
and the requested State consent) to a criminal prosecution or performance of the
the Court imposed a sentence or a preventive measure. The application for consent
connects the supporting documents referred to in article 23 and Protocol, from which it is
a woman approached the opinion delivered by the person to the intended extension of the criminal
prosecution or enforcement of a sentence. The hearing must be performed by a judge or Prosecutor
While respecting the law. The released person must be advised of the
the meaning and purpose of the hearing. Approval shall be granted if the offence to which the
application under this contract the obligation to allow the release of; or
(b) the person is after) issued its final release resides on the territory of the
of the requesting State for more than 45 days, although it is allowed to leave, and could
or if after leaving this State voluntarily returns to it or
is it legally recovered from a third State. Conditional
release without restricting freedom of movement regulation issued by persons with
equal to the final release.
(3) the requesting State may take measures under its national law
necessary to ensure that the released person was transported out of the territory or to
prevent the limitation period.
(4) during the period referred to in paragraph 2 (a). (b) the person shall permit issued)
exit without regard to the provisions of any national of the requesting
the State, which would have prevented it, unless that person after his release
She committed a new Act that is a criminal. In this case, the time limit begins
referred to in paragraph 2 (a). (b)) only when it is issued by the person in control,
that was initiated for this Act definitively released on
freedom.
Article 20
If the Act during the proceedings in the requesting State legally assessed otherwise than in
issuing proceedings may only be issued to a person being prosecuted in compliance with article 19 of the
or sentenced only as long as the facts admitted by the detected issue
even under the new law. In case of doubt, the applicant's
the State shall endorse the opinion of the requested State.
Article 21
(1) a person may only be Issued for an offence committed before passing it on to released
a third State without the consent of the requested State. The application for consent
to the next release to a third State shall be attached a copy or a certified
copies of the handout (copy) the third State for release and Protocol, from which it is
a woman approached the opinion delivered by the person to the intended next release. The questioning of
must be performed by a judge or a Prosecutor, while respecting the legitimate
regulations. Issued, the person must be advised of the meaning and purpose of the hearing.
(2) Consent to the next release is not appropriate, is given one of the prerequisites
Article 19, paragraph 2. (b)).
Article 22
Applications shall be administered in accordance with this Treaty, as well as to the included
supporting documents do not connect their translations.
Article 23
(1) the request for extradition shall be attached a copy or a certified copy (copy)
a Court arrest warrant, of the Charter of the same efficiency or
the conviction by an enforceable court decision.
(2) If this is not included in these papers, except:
and the account of the crime, stating) the place and time of its perpetration, the
(b) the legal assessment of the Act) and the texts of the legal provisions to be
use or which have been used,
(c)) in the case of applications for the enforcement of a sentence or a preventive measure
the handouts, which is evident by the enforcement of judgments and the length of sentence
or protective measures, which are to be carried out,
(d)), if possible, the exact details of the person whose extradition is requested, the
citizenship and domicile or place of residence.
Article 24
If the requested State does not consider the submission and supporting documentation as sufficient,
asks for the necessary additions. The requested State may set a reasonable
the time limit for the receipt of this supplement. Upon expiry of this period
decides on the basis of supporting documents that are available.
Article 25
If the requesting State submits a request for release under the provisions of this agreement and
If there is reason to believe that the person whose extradition is requested is staying on
the territory of the requested State, the requested State shall immediately in accordance with their
law of the measures needed for its finding. If necessary, this will take
a person to extradition custody or take other measures to prevent
the leak.
Article 26
(1) the requesting State may, in emergencies, request the imposition of
a preliminary extradition binding to search a person. Such a request may be submitted and
dálnopisně or by telegram. The requested State shall decide, in accordance with their rights
on the imposition of a preliminary extradition custody or other measures of regulation to the
prevent the escape of the person sought.
(2) in the application for the imposition of a preliminary extradition custody must be mentioned, that is to
one of the documents referred to in article 23, paragraph 1, and that the
It intends to lodge an application for release. You must also include a short summary of the Act
indicating the time and place of a criminal offence, the reference to punishment or protective
measures that threaten or to execute, as well as, if possible,
the exact details of the person whose extradition will ask its State
citizenship and domicile or place of residence. The requesting State shall
It shall immediately inform the extent to which the request has been granted.
(3) preliminary extradition binding may be cancelled if, during the 20 days of the
the arrest does not request for extradition and the supporting documents referred to in article 23 paragraph
1. Preliminary extradition binding may in no case exceed 40 days from the
specified amount of time. A preliminary extradition binding, however, can be cancelled at any time,
When the requested State shall take the measures it deems necessary for the
prevent the escape of the person sought.
(4) the cancellation of a preliminary extradition custody does not re-
arrest and release, if the extradition request is the later.
Article 27
Learn where the competent authorities of a Contracting State to the effect that the
the territory of that Contracting State is staying the person whose release may
the second request asks the State party to it without delay, whether asking for release
This person. If the person is taken to a preliminary extradition custody, it should be about
It shall forthwith notify the other Contracting State, with an indication of the time of arrest and
place the binding.
Article 28
(1) the requested State shall decide on the issue as soon as possible and your
the decision shall inform the requesting State. The total or partial refusal is
should be justified.
(2) in the case of a permit shall notify the requested State also release when it is
ready to pass issued to the person. The Contracting States shall agree on the time and
the point of handover to the authorities of the requesting State.
(3) a person may be Issued subject to the case referred to in paragraph 4
dismissed from the expended links, if within 15 days from the time when
the requested State is ready to pass, is not included. After 30 days
from this time, in any case, be released from detention and extradition request for the
the release is considered to be devoid of purpose. The requested State may then a new
extradition request for the same acts refuse.
(4) If a transfer or takeover by force majeure, it shall notify the Contracting
State to which this event refers to, the State of the other. Both of the Contracting States what
as soon as you agree to determine the new period of the handover. At this time,
then apply the provisions of paragraph 3.
(5) the Accompanying staff, which issued the person on the territory of the
of the other Contracting State, or it will pick up from there, he is entitled to do so on a
the territory of the other Contracting State to the transmission or after receipt issued by the
the person the necessary measures to prevent leakage.
Article 29
(1) where persons about the release of one of the Contracting States and one to the third
State, shall decide on the priority between the requests for the release of the requested State,
having regard to all the circumstances, in particular the contractual obligations, to the point of
committing the Act, to the time the order of the requests to the State nationality of the person
which is to be issued, to the possibilities of its next release and if it relates
applications for the various acts, as well as to their severity.
(2) where one of the Contracting States and any third State other Contracting
the State of the issue and to give priority to the application of a third State, shall notify the
the requested Member State to the other Contracting State at the same time with the decision on the application
on the issue of whether it agrees with the other release of a third State to the
of the other Contracting State.
Article 30
(1) the requested State may postpone the surrender after enabling the release of a person who has
to be released,
and if this person) is not able to transport,
(b)) when the new consideration of the request for extradition because of new evidence or
the facts, or
(c)) against a person who is to be extradited, it is in the requested State
carry out criminal proceedings for another performance or if it has to be enforced
a custodial sentence or a detention order imposed on the courts or
the administrative authorities for another performance.
(2) if the surrender Is deferred in accordance with paragraph 1. (c)), the requested
State at the request of the requesting State to temporarily pass him the person who has
be issued to perform urgent procedural acts, in particular the main
version. Procedural acts must be in the request describe. Passed to the person
must perform procedural acts by or at the request of the requested State
immediately pass back.
(3) the requesting State shall hold temporarily passed to the person until the reverse
pass in the binding. This binding will count towards the sentence, which in the requested
State to be stored or saved.
Article 31
(1) If enabled, permits extradition without special request also
the release of articles which
and) can serve as evidence or that
(b)) was issued a criminal offence or as consideration for
such objects.
(2) if possible, it shall at the same time with items issued by the person.
Shall be transmitted even if, if it is not already enabled the release done from
because of the death or escape of the person.
(3) items, subject to ensuring the withdrawal or forfeiture or
they are needed for criminal proceedings in the requested State may be for a period of
the duration of this proceeding, the detained or passed with the repayment.
(4) the law of the requested State or third parties to remain in
any case unaffected. Given these rights to courses after the
the end of the proceedings in the requesting State as soon as possible and free of charge returns
to the requested State. If such rights suffered by passing the injury issue
shall not be authorised.
(5) the requested State shall, in the case of paragraph 1 shall be notified at the same time with the communication on
purpose, whether issued by a person is at peace with their
the immediate return of the injured party. The requesting State shall notify the requested
State as soon as possible whether disclaims handing over of on condition that
the victim or his appointees will be issued against the submission confirmation
the competent courts or prokuratur.
(6) when the release of articles referred to in this article shall not apply to restrictive
regulations on the import and export of goods and foreign exchange.
Article 32
Subject to the provisions of this Treaty, the procedure for issue and on extradition
binding on the territory of the requested State applies to its right.
Article 33
The requesting State shall notify the requested State of the outcome of the criminal proceedings.
If it is about a final judgment, shall be sent in a single copy
or one certified copy (copy).
Article 34
(1) the transit of a person issued by a third country of one of the Contracting States
the territory of the other Contracting State shall be allowed, under the same conditions as the
release. If it is not otherwise stipulated, the provisions of this agreement
on the issue and for the transit.
(2) the requested State may refuse transit, if the request relates to a person against
in this State, criminal proceedings, or if there is an enforceable
conviction or if the transit could violate the essential interests of
of that State.
(3) the requested State must prováženou a person hold for transit in the binding.
Without the consent of the issuing State, it must not for acts committed before průvozem
Neither prosecute nor on it must not execute punishment or protective measures.
(4) when transporting air without stopovers do not need explicit
přelétaného permits a Contracting State. The requesting State shall inform in advance
This state that is available to one of the documents referred to in article
23 paragraph 1, that there is no impediment for the transit operation within the meaning of this
Treaty, in particular, that the person is not a citizen of převážená přelétaného
State. The crash landing on the territory of the přelétaného State has this
Notice the same effects as an application for the imposition of a preliminary extradition custody
referred to in article 26.
Article 35
The Contracting States shall refrain from payment of the costs incurred on their
territory in connection with the issuance, temporary transfer (article 30 paragraph 2)
or with the release of objects (article 31). However, the requesting State shall bear the costs
for air transport, which are incurred by passing made on his wish
by air, or the costs incurred by průvozem.
Article 36
In this agreement means the term "protective measures" measures related to the
imprisonment, which under the criminal law decision
the Court in addition to or instead of punishment. If the duration of the measures, which are still
He has to perform, is uncertain, it is the highest amount permitted by
the law.
Article 37
(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 the 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 notice of termination.
On the evidence of the agent of both Contracting States have signed this agreement and
obtain it seals.
Given in Vienna on 18 July 2005. November 1982 in two copies, each in the
Czech and German, both texts being equally authentic.
For
The Czechoslovak Socialist Republic:
Ing. Bohuslav Chňoupek v.r.
For
The Republic of Austria:
Dr. Willibald Pahr v.r.
