104/1936 Sb.
CONVENTION
extradition and legal assistance in criminal matters between the Republic of
Czechoslovak and Grand Duchy of Luxembourg.
On behalf of the Czechoslovak Republic.
On behalf of the Czechoslovak Republic
and
the Grand Duchy of Luxembourg
This Convention was agreed:
Convention
on extradition and legal assistance in criminal matters between the Republic of
Czechoslovak and Grand Duchy of Luxembourg.
The President of the Czechoslovak Republic and her Royal Highness
the Grand Duchess of Luxembourg, desirous of accounts and legal relations between the two
States as to the issue of transit and criminals, as well as legal assistance in
criminal matters, they decided to agree to the purpose of the Convention, and
name your agents:
The President of the Republic:
p. Štefan Osuského,
the extraordinary Envoy and Plenipotentiary Minister of the Czechoslovak Republic
in Paris, and
p. Anthony surprised
the high Trade Union Council in the Ministry of Justice;
Her Royal Highness the Grand Duchess of Luxembourg:
p. Albert Wehrera,
the doctor's rights, the Government's advice,
who vyměnivše their full power, which they found in good and due
the form, they agreed on the following provisions:
Article 1.
Extradition of criminals.
(1) the High Contracting Parties undertake to grant, for each other's
circumstances and conditions laid down by this Convention, persons who are
the territory of one of them and are prosecuted, or have been convicted by the courts of the second
Party for any offence is calculated below (article 3), if the
This offence under the laws of both States a crime or tort.
(2) issue will be allowed for the attempt to the offences referred to in this
Convention or for complicity in them, if they are criminal under
the legislation of both Contracting Parties.
Article 2.
The prosecution of its own members.
(1) the Contracting Parties shall not be vydávati own nationals.
(2) in the event that the release will not be allowed due to the provisions of
paragraph 1 of this article, the Contracting Parties undertake to give stíhati
These persons according to the provisions of their criminal law and legislation
control.
(3) in this case, the State requested shall send either from your
the decision either at the request of the requested State in a manner referred to in article 5
the request, to which it attaches the objects, documents and all necessary
information.
Article 3.
For which crimes can be povoliti issue.
(1) the crimes and offences for which you can povoliti release, are:
1. murder, poisoning, murder, murder of a child, parents of intentional killing without
balance sheet;
2. bodily harm or injury whether in headlong advance přivoděné
rozváženém or without intention, if the effect of the disease probably
nezhojitelnou or permanent inability to work, loss of personal
neobmezeného use of any authority, hard crippling or death,
However, without the intention of her způsobiti;
3. the deliberate administration of the resources of eligible přivoditi death or serious
uškoditi health, but without the intention of usmrtiti;
4. expulsion of the foetus;
5. violent fornication;
6. filthy acts committed with violence or threats;
7. naughty actions without violence threats on her person minor under 14
years of age, without distinction of sex or with the help of such a person;
8. dirty negotiations vzbuzováním, facilitating or promoting the moral
destruction or breakdown of the persons under 21 years of age, without distinction of sex, usually
for immediate gratification with lust of another person; the recruitment, introduction or delivery
persons under 21 years of age, without distinction of sex, even with her consent, for
the purpose of her depravity to satisfy lust of another person;
the recruitment, introduction or delivery of a woman or adult girls for the purpose of
depravity, to satisfy lust of another person if the offence was
committed by stealth or force, threats, abuse of power or in any other way
compulsion;
detention of a person of full age against her will and, perhaps because of the debt, in the House
for smilnou business or forcing a person into prostitution, if
used the same resources;
9. dvojženství;
10. the abduction of minors;
11. the abduction, concealment, hiding the child's civil status, confusion or
spoof of the child;
12. the postponement or abandonment of the child;
13. a conspiracy of criminals;
14. theft, extortion, fraud, misappropriation of funds;
15. the threat of violence against a person or property, if the penalty on them
as to the crime;
16. proposals or encourage crime or for sympathy on him; the adoption of the
such suggestions or encouragement;
17. violence committed by private persons against personal freedom or against
the inviolability of the House;
18. anti-counterfeiting and adulteration čítajíc here to coins, issue, and
the placing in circulation of counterfeit or falsified coins;
19. counterfeiting or falsification of public credit documents or banknotes,
a waning of public or private; the use, publication or entry into
circulation of such counterfeit or falsified loan documents, bank notes
or titers; falsification of documents or wire traps and use
such counterfeit or falsified, manufactured and traps of documents;
20. counterfeiting or falsifying seals, stamps, tags, stamps, tickets for
the transport of persons or goods, postage stamps and other similar stamps;
the use of these counterfeit or adulterated things; incorrect use of
true seals, stamps, signs and marks; malicious or fraudulent use of
name it původcova or marks used to indicate his creation on the
the work of art, literature or music; selling these things, exposure to
they are on sale, the behavior of the on-hand inventory for the purposes of sales and marketing,
in circulation in the territory for the purpose of trade;
21. the perjury and false seznání by experts or interpreters;
the seduction of witnesses, experts or interpreters to perjury;
22. the perjury;
23. abuse of power by an official from zištnosti, embezzlement, committed public
official taking bribes by public officials and bribery of them;
24. fraudulent bankruptcy;
25. malicious interference operation of railways by folding any of things,
the Rails failure or their supporting documents, by the removal of bolts or using
any other resource that is with it přivoditi stop
the train or its derailment;
26. arson;
27. the destruction of structures, or wire-House,
destruction of or breach of tombstones, monuments, works of art, public or
private titers; destruction or damage of goods or
a threat, malicious or fraudulent, the destruction of or damage to the goods or things
used for production;
28. the destruction of or damage to the crop, plants, trees or grafts;
29. the destruction of farm implements, destruction or poisoning of cattle or
other animals;
30. embezzlement, destruction of or damage to the thing seized, or things of the
as collateral;
31. opposition to the holding of public works;
32. wicked preparing food or drink to nourish or healing
way to become harmful to human health; sales, exposure to
sales and marketing of such foodstuffs are zatajením their
of harm;
33. hiding things originating in the crime or the offence referred to in
This Convention.
Article 4.
For that crime cannot be povoliti issue.
The issue will not be allowed:
1. If the crime or offence committed in the territory of the requested State, or
If, under the legislation of the requested State, the prosecution reserved
its own courts, or, if the offence was committed outside the territory of the
of the requesting State and legislation of the requested State does not allow stíhati
such offences committed outside its territory;
2. There was a by the laws of the Contracting Parties that the limitation or
a penalty from committing the crime, the last act of criminal prosecution
or at any time at all convictions and cease the public prosecution in the State
the applicant;
3. If the State requested criminal proceedings against the person required to
the same offence stopped or ended in a judgment convicting or
discharging; If it is required by a person for the same offence in the requested State
prosecuted, can be denied release;
4. If the offence is political or act with such a criminal offence
contiguous.
The requested State is itself called rozhodovati about whether it is a criminal offence
of this nature.
For an offence of a political offence or an offence of such continuous
will not be seen as an attack on the person of the head of State or members of his family,
determined by the merits of this attack killing, murder or poisoning.
Article 5.
The request for the issue.
(1) an application for the issue of debt to administer in the way of diplomatic.
(2) issue will be allowed, if it is submitted to either the conviction
or the operative part, the resolution of the Chamber of Councillors, decisions of the prosecution Chamber or
procedural measures of the competent judge, which directs formally or
that is according to the law in the wake of the accused or defendant, before referring the
Criminal Court, an arrest warrant or any other judicial decision
He assimilated and issued by the competent foreign authority.
(3) the following documents is to be předložiti in the original or in authenticated
copies. Have a beheld briefly Act that is blamed, his
qualifications and designations and they should připojiti the text of the criminal code
of the requesting State, which will be used on offense, and that shows the
the penalty imposed upon him.
(4) according to the option is připojiti a description of the requested person, as well as its
Portrait or other information which may serve to identify its
identity.
(5) in the case of offences against property, is the amount of damage to be beheld,
which was actually caused by, and, if possible, the damage suffered by the offender
intended to způsobiti.
Article 6.
Additional clarification.
(1) if doubts Arise about whether the offence for which it is requested for
release, falls under the provisions of this Convention shall be requested by the requesting State
for additional clarification, and the issue will be allowed only if they are made
clarify with this odstraniti these doubts.
(2) the requested State may in any event, the plays, the deadline for the submission
additional clarification; on a reasoned request, the deadline will be explained
prodloužiti.
(3) in any case, the requesting State shall not administer the proof of guilt
required by the person.
Article 7.
Measures to ensure the release.
As soon as the request for the issue, with the documents referred to in article 5,
the requested State shall do everything necessary to ensure a person required
and to prevent its escape, but would no longer showing in advance that the issue
is not permitted.
8.
Provisional arrest.
(1) in the cases necessary will be required to take the person provisionally into
before you binding will submit the request for release, if by mail
any message or telegram, which made mention of the
arrest warrant or verdict, and at the same time i marked the offence. This message
will be able to be sent directly to the competent court or authority of the requesting
the State of the competent authority of the requested State. The requesting authority must, however,
always telegrafickou message can not claim within 8 days.
(2) as equivalent with those messages will be thought me Decree in
the police Gazette one of the two States, where the mention of the
the existence of any of the documents referred to in article 5, and if it was communicated to the
the authorities of the requested State, in the case of the apprehension of the person sought will be
request for her release.
(3) Office, which arranged for the arrest of the persons referred to in paragraphs 1 and 2, shall inform the
it without delay, which gave the authority to the complaint and shall notify him at the same place
binding.
(4) If, within 15 days from the date on which such report was
set according to the provisions of the upstairs, the other party has indicated that
will be to insist on the release of the arrested person for, it can be propustiti to freedom.
(5) a person arrested under the foregoing provisions will also be able to be
released, if the request for the issue with attachments
calculated in article 5 of this Convention within the time limit of one month
beginning with the date on which the report on arrest in accordance with paragraph 3 of this article
event.
(6) if the request for additional clarification in accordance with article 6, it will also
the arrested person may be propustiti to freedom, unless this clarification
is made to the requested State within a reasonable time fixed by or
extended.
Article 9.
Clash of the applications for the issue.
(1) where the release of the person whose extradition is sought by one of the high
of the parties, even some other or more States for the same crime
the Act applies to this order:
and) State, whose interests have been violated by the criminal offence;
(b)) the State on whose territory the crime was committed;
(c)) is the national State of the offender.
(2) If a clash of requests per issue to different offences, the
enabled the release of in the first instance of a State which is responsible for examining the
the heaviest of the offence.
(3) If several parties applied for with the release of for the criminal act of the most difficult,
applies the order referred to in the first paragraph of this article.
(4) in all cases is reserved to the requested State, to assess
that offense is the hardest.
(5) the provisions of the preceding paragraph also applies if the same criminal
the crime violated the interests of the several States, and it was given several
concurrent requests for extradition.
(6) If, within one month from the date on which the request for
the issue was adopted, made no further request of one or more
in other States, the requested State shall issue the required person to the requesting State,
even if other application for issue of the run out after the expiry of the above period.
(7) if in the case of the above, the request for the issue related to the
different offences, the requested State will be able to release with povoliti
the condition that the person will be required after serving their sentence released
to a third State.
Article 10.
The postponement of the issue.
(1) if required by the person being prosecuted or has been sentenced in the territory of the
of the requested State for an offence other than the one which gave rise to the
applications for the issue, or if there is other reasons in custody will be
odložiti its release until the time when the criminal proceedings are completed, and
If it was doomed and nepodmínečně, to lawfully controlling serve his sentence or
her punishment will be pardoned or ends its binding, which was on her
be imposed for another reason.
(2) However, this delay is not an obstacle to the edition was immediately
decided.
(3) If, however, the postponement of the issue referred to in paragraph first could have
then banned by the laws of the requesting State limitation or other defects
proceedings will be required to release the person's temporary povoliti if they are not
the obstacle to special reasons and on condition that the person will be issued
just sent back as soon as it will be made in the requesting State acts
the criminal proceedings for which the person has been temporarily pulled from.
Article 11.
Extend the effects of the release.
(1) a person may only be Issued to be prosecuted or punished for an offence
than that for which it was issued and that she committed before this Act, even if the
the offense is not included in this Convention:
1. requests to itself, to be judged or to make penance; in that
If the application will be notified to the Government that it has released;
2. do not leave, though if she had the freedom to do so, in the months after that, when the
Finally released, the territory of the State which has been
released, or if he returns there later;
3. If a State which has enabled the release, their agreement. State which has enabled
Edition, may insist that his consent was requested in a form that
is prescribed for a request for release, with attachments, calculated in the article
5.
(2) the next release of a third State shall be governed by the same rules.
Article 12.
Release in the short path.
The offender, who was once issued, but avoid justice and again
resorts on the territory of the requested State or, at least, is on the way this
the territory will be arrested at the request of the competent authorities, which can be used to administer directly
or in the way of diplomatic, and will again be issued without further formalities.
Article 13.
The transit.
(1) the transit issued by a person who is a national of a State, průvozního
the territory of the Contracting States will be allowed, if submitted in the original or
in an authenticated copy of any of the documents referred to in article 5.
(2) provisions on the release of this transit.
(3) transit operation will be carried out by the authorities of the requested Party and the direction that this
Specifies.
(4) Also will be allowed under the conditions of the above transport there and back
the territory of one of the Contracting Parties, that is, offenders in custody in
third State and whose position in the face of vinníku would shledávala the second
Contracting Party appropriate.
Article 14.
Legal aid. The provisions of the General.
(1) in a criminal case of non-Contracting Parties will provide
each other legal assistance. In particular, the doručiti can be the instrument of criminal proceedings
persons who are on their territory, carry out acts of investigation as
the examination of witnesses, expert witnesses, forensic examination, inspection and seizure of goods and
granting each other the Court files and evidence.
(2) all communications on legal aid will be changed according to circumstances
case directly between the Czechoslovak Minister of Justice or
Minister of national defence on the one hand, and the Luxembourg Minister of
Justice on the other.
(3) the request for legal assistance will be dealt with according to the laws of the State in whose
the territory has to be executed the desired operation control.
Article 15.
Refusal of legal aid.
Legal assistance in criminal matters will be odepříti in the case where
the provisions of this Convention, it would not be the obligations of povoliti release.
Article 16.
Notified and the appearance of witnesses and experts.
(1) if in criminal proceedings before the courts of one Contracting State
is found to be necessary or desirable in order to personally attend a witness or
the expert, who is in the territory of the second Member State, the authorities of that State, he delivers
the writ, which will be sent to this destination.
(2) the costs associated with a personal appearance the witness or expert will be
paid by the requesting State.
(3) the travel and subsistence Costs, including from his residence, the
granted, witnesses or experts, at the rates and rules that apply in the State
where the questioning is konati; at his request, by the Court of his domicile may he
be provided to backup the whole or part of the travel expenses, which has
uhraditi subsequently the requesting State.
(4) no witness or expert, whatever is in any national,
that will be sent in the territory of one of the Contracting Parties, on a voluntary basis,
come before the judge of the other party, nor shall there be prosecuted or imprisoned
for earlier crimes or convictions or under the pretext of complicity in the
offences which are the subject of criminal proceedings, in which the
arrived.
(5) the following persons shall, however, this benefit, do not leave the territory of the
of the requesting State, although the freedom to do so should, within three days after the
According to the judge's statement was not their presence before the Court is already
such necessity.
(6) If a person obeslaná in relation to the territory of the requested State will be
to insist for its demonstration of the commitment that will be sent as soon as possible
back. Such requests will not be nevyhověti but, if the Special
reasons, in particular if the transferee leans against a prisoner as specifically.
Article 17.
Connection with the issue of things.
(1) if it is allowed to issue, all of the things coming from crime
or tort, or evidence that are found to be at the arrest
required by persons in its possession or which will later be found,
seized, it shall, if the competent authority of the requested State, and committed
to the requesting State.
(2) this will be possible, even if it will not be possible to produce such a release for
escape or death required by the person.
(3) However, the rights to which the requested State or third person perhaps took to
these things will remain unaffected; things you need to be returned to them after the event,
free of charge after the end of the criminal proceedings.
(4) the requested State will be able to zadržeti for now, seized things, if
is it necessary for criminal proceedings. It also will be able to vyhraditi when
their release, that he will be returned to the same goals with a commitment that is itself
again, as soon as possible.
Article 18.
Disclosure of convictions and extracts from criminal records.
(1) the High Contracting Parties undertake to each other's sdělovati
through the ministries of Justice in direct contact on a quarterly basis
lifts all pravoplatných convictions for crimes and offenses
of any kind to be issued by the courts against their nationals
of the other party.
(2) the State, which has enabled the release of the offender, it shall notify the rightful
the result of the criminal proceedings.
(3) the authorities of one of the Contracting Parties, which are entrusted with the leadership of the criminal
registers or judicial records, shall submit at the request of the authorities of the other party of the
individual cases free of charge information from criminal records or
from the judicial records.
(4) the Contracting Parties undertake to communicate to each other the list of authorities to whom
belongs to the lead criminal records or court records.
Article 19.
Which language is to use the.
(1) documents, which is to be considered in matters covered by this
The Convention is to be sepsati in the language of the requested State or start-up
However is a translation into that language, duly authenticated official or
sworn interpreter of the requested State, or the interpreter State
the applicant whose permissions will be confirmed by diplomatic or
konsulárním representative of the State of the requesting or requested.
(2) in case the written Logs will not be translated into the language of the oficielního
of the requesting State.
Article 20.
The cost issue and legal assistance in criminal matters.
(1) costs associated with the application for the issue or any other applications
assistance of the courts in criminal matters, are going to be charged to the high side on
whose territory was caused by.
(2) However, the authorities of the requested State shall notify the requesting State of
These costs with a view to their replacement by a person who is required to the
hraditi.
(3) the amount of the selected state by the requesting State to the requested belongs.
(4) the exception is compensation for a good semblance of any kind, as well as
the costs associated with obesláním or joinder of persons who are in
binding on the territory of the requested State. These costs will be replaced by State
the applicant. Borne by the requesting State will go whether or not the cost of transit and
for the upkeep of the State territory of those persons whose extradition or temporary
the commit has been enabled.
(5) the requesting State has hraditi also costs of temporary surrender,
as well as the reverse transport, referred to in article 10, paragraph 1. 3 of this Convention.
Article 21.
Mutual information.
The High Contracting Parties undertake to provide each other on request
in criminal matters, information about legislation that applies to them.
Such communication will be between authorities which are done: referred to in paragraph 1 of article
18.
Article 22.
The rights and benefits of private participants.
If they are members of one of the Contracting States or of the State itself to private
a participant in the criminal proceedings, which takes place in the other Contracting State,
the State undertakes to provide all the rights and benefits that
his own legislation confers on its members.
Article 23.
On the conflict of local laws.
(1) the discovery of agreement between legislation of both Contracting Parties in
the determination of the conditions of issue, the stand when it comes to Czechoslovakia, in
accordance with the rule of law, which is valid on the territory of the Republic
Czechoslovakia, where the proceedings. konati
(2) this applies also in everything, where the Convention refers to the rule of law
The Czechoslovak Republic.
Of article 24.
Previous commitments.
The provisions of this Convention are without prejudice to any obligations that one of
the Contracting States took previously on myself against other States.
Article 25.
The provisions of the final.
(1) this Convention shall be ratified and the ratifications shall be exchanged as
First, in Luxembourg.
(2) becomes effective ten days after the exchange of instruments of ratification.
It will remain effective for a period of six months after the date on which it will be vypověděna
one of the two Contracting Parties.
The responsible agents referred to above have signed this Convention, and
join her seal.
Done at Paris, in duplicate, on 1 May 2004. December 1934.
L. s. Štefan Osuský, in r.
L. s. Dr., in r.
L. s. Albert Wehrer, r.
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 sixth.
The President of the Republic:
L. s., Dr. Edvard Beneš, v. r.
Minister of Foreign Affairs:
L. s. Dr. Krofta, in r.
Is that the instruments of ratification were exchanged in Luxembourg
16 December 2002. April 1936, and that according to the article. 25 of the Convention shall become effective ten
days after the exchange of instruments of ratification, that is,. April 26, 1936.
Dr. Krofta, in r.
