For The Republic Of Latvia And The Republic Of Moldova On Legal Assistance And Legal Relations In Civil, Family And Criminal Matters

Original Language Title: Par Latvijas Republikas un Moldovas Republikas līgumu par tiesisko palīdzību un tiesiskajām attiecībām civilajās, ģimenes un krimināllietās

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The Saeima has adopted and the President promulgated the following laws: the Republic of Latvia and the Republic of Moldova on legal assistance and legal relations in civil, family and criminal matters, article 1. 1993. April 14, Riga, signed by the Republic of Latvia and the Republic of Moldova on legal assistance and legal relations in civil, family and criminal matters (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. By law to be put to this law, the Contract referred to in article 1 of the Latvian language. 3. article. Ministry of Foreign Affairs of the Republic of Latvia on the basis of this law and in accordance with article 78 of the Treaty, ratification of article shall be prepared for sending to the Government of the Republic of Moldova. 4. article. Ministry of Foreign Affairs of the Republic of Latvia on the basis of this law and in accordance with United Nations Charter article 102 of this law shall be recorded as referred to in article 1 of the agreement. 5. article. The agreement shall enter into force for the period specified in article 78 and in order. The law adopted in 1995 the Saeima on 21 September. The President g. Ulmanis in Riga, 1995 October 4 agreement between Republic of Moldova and the Republic of LATVIA on legal assistance and legal relations in CIVIL, family and criminal matters, the Republic of Moldova and the Republic of Latvia, giving great importance to the development of public legal aid provision in civil, family and criminal matters, agreed on the following: part one General provisions article 1 legal protection 1. citizens of one Contracting Party in the territory of the other Contracting Party is the same in their personal and property rights legal protection as nationals of the other Contracting Party. This also applies to legal persons formed in accordance with the legislation of one Contracting Party. 2. citizens of one of the Contracting Parties have the right of free and unhindered to apply to the Court of the other Contracting Party, the public prosecutor's Office, enforcement of notaries (hereinafter-the "law enforcement authorities") and other bodies competent for civil (including jobs, housing), family and criminal matters, they may speak them, sign up for a contract, take action and make other procedural actions on the same terms as nationals. Article 2 legal aid 1. rights of the Contracting Parties to the enforcement authorities provide mutual legal assistance in civil, family and criminal matters, in accordance with the terms of this agreement. 2. The law enforcement authorities shall provide legal assistance to other authorities competent for the matters referred to in paragraph 1. 3. The authority that has jurisdiction over the cases referred to in paragraph 1, send requests for legal assistance to law enforcement authorities. Article 3 legal aid legal aid covers the performance of a procedural act provided for the contracting party to which the request is addressed in legislation, including the party, the victim, the accused, defendants, witnesses, experts, questioning, inspection, examination, evidence, prosecution or proceedings and the person who committed the crime, extradition, court recognition and enforcement of judgments in civil matters, the service of documents and transfer, reporting at the request of the other Contracting Party for a person of criminal. Article 4 communication procedures by providing legal aid, the authorities of the Contracting Parties shall mutually communicate with Latvian and Moldovan Ministry of Justice and the public prosecutor of the Republic. 5. Article 1 of the language Task or request for legal assistance and documents attached to them are presented in the language of the country, where authority is given a task or request. This is confirmed with the authorities of the two tasks of the stamp and the ģērboņ driver (competent person) signature. 2. the task or request for legal assistance and the attached document must be accompanied by a translation or a task request in the language of the country of the artist or other mutually agreed language. The translation shall be certified by an official translator, a notary or the authority of the applicant party, the requesting party as well as with the competent authorities, the diplomatic mission or consular authorities ģērboņ seal. 3. Execution of the tasks or requests for legal assistance, documents are presented a task or request in the language of the country of the artist and is sent together with the translation task or request the donor country or language mutually agreed in English or Russian. The translation shall be certified by an official translator, a notary or a task or enforcing authority of the Treaty, and the parties that filed the request, the competent diplomatic mission or consular authorities ģērboņ stamp. Article 6 processing of documents documents which shall be transmitted to the law enforcement authorities or other authorities, a procedure for the provision of legal aid, must be signed by a competent person and approved with ģērboņ seal. Article 7 Tasks of the legal aid form task for legal assistance must indicate: 1) name of the sender; 2) authorities that addressed the task name; 3 things that are) sought legal help, name; 4) party and other persons for whom the request is sent, or task, the first and last names, nationality, occupation and domicile or place of residence, but legal persons-name and location; 5) names of the authorised persons and addresses; 6) content, but also made in criminal matters-the actual circumstances of the crime and its legal description. Article 8 implementing rules 1. Execution of the tasks on the provision of legal aid, the law enforcement authority addressed to the task, apply its national legislation. However, at the request of the authority of the two tasks, it may apply the task given the procedural rules of the Contracting Party, in so far as they are not inconsistent with their national legislation. 2. If a law enforcement authority addressed to the task, not competent to execute it, it forwards the task to the competent authority and shall inform the authority given the task. 3. Upon receiving the request, the law enforcement authority that transferred, shall inform the management authority of the task on the time and place of execution. 4. Law enforcement authority addressed to the task after it sends the documents to the institution from which you received the order; If legal aid can be given, it shall be returned to the task and inform about conditions that interfere with the execution. Article 9 procedure for service of documents 1. Authority to which the request is addressed, the documents shall be issued in accordance with the national rules in force, if the documents are presented in the language of that State or by a certified translation. If the document is not presented in a Contracting Party to which the request is addressed, or is not provided with the translation, it will be issued to the recipient when he willingly agrees to receive them. 2. the contract for the service of a document should indicate the exact address of the beneficiary and the name of the document to be served. If the specified address in the request proved to be incomplete or inaccurate, the authority to which the request is addressed, in accordance with their national legislation, take measures to establish an exact address. Article 10 approval for the service of documents in proof of service of a document shall be drawn up, subject to the provisions in force in the territory of the contracting party to which the request is addressed. The approval must specify the time, place of issue, and the person to whom the document was issued. Article 11 service of documents and the questioning of the citizens by the diplomatic missions or consular authorities of the Contracting Parties are entitled to issue documents and interrogated its citizens with their diplomatic missions or consular assistance. In these cases, you can not use coercive means. Article 12 the Person dialing abroad to participate in criminal and civil cases in pre-trial proceedings 1. If the preliminary investigation or during the course of the administration of Justice in the territory of one of the contracting parties arise from the need for the presence of the person, which is located in the territory of the other Contracting Party, the authority of the party concerned should be required to issue the statement. 2. the communication may not be certain penalties called in the case of absence. 3. a Person who, irrespective of their citizenship voluntarily arrived at the call of the territory of the Contracting Party concerned may not be called to criminal or administrative responsibility, arrested or punished for an act which it made to the frontier. This person also may be called to criminal or administrative responsibility, arrested or punished for her testimony or opinion provided that she made as an expert, or its instructions, which is the subject of the proceedings. 4. a Person does not have such a privilege, if his 10 days of notification that her presence is not required in the future, do not leave the territory of the Contracting Party. This period is not counted in the time during which a person could not leave the territory of the Contracting Party of the calling of her circumstances. 5. Victims, witnesses and experts on call arrived in the territory of the other Contracting Parties have the right of bodies brought to receive reimbursement for expenses related to travel and stay abroad, and about nokavētaj working days, but the experts furthermore have the right to receive remuneration for the expertise. Call to indicate what kind of costs izsauktaj persons are eligible to receive; upon request, the Contracting Party which has seconded the call for advance payments to cover these expenses. 13. Article 1 the validity of the document. the documents in the territory of one of the Contracting Parties or the Court drawn up certified or official person (notary, permanent interpreters, experts, etc.) within the limits of their jurisdiction and subject to the prescribed form and sealed with the seal of the ģērboņ, are accepted in the territory of the other contracting party without any confirmation. 2. Documents in the territory of one of the Contracting Parties are considered official, also in the territory of the other Contracting Party is evidence of official documents. Article 14 legal aid expenditure 1. Contracting Party addressed to the task, will not require reimbursement for legal assistance. The contracting parties themselves bear all the costs of providing legal aid in its territory, except for the expenses related to the examiner. 2. Law enforcement authorities which are addressed to the mission, inform the authority given the task, on the amount of expenditure. If the authority given the task, recover these expenses from the person who is obliged to pay, then the amounts recovered reserve Contracting Party which they recovered. Article 15 provision of information to the Latvian and Moldovan Ministry of Justice and the public prosecutor's Office of the Republic, on request, provide each other with information about current or former national legislation and its application, which shall be carried out by the law enforcement agencies. Article 16 free legal defence of one Contracting Party to nationals of the other Contracting Party, the courts and other institutions are given free legal assistance under the same conditions and the same benefits as citizens. Article 17 transfer of documents the Contracting Parties undertake to request the diplomatic way without translation and without charging each other forward of births, deaths and marriages registration certificates and other documents (on education, on the job, and so on) that affect the citizens of the other Contracting Party the rights and the personal economic interests. Part two special provisions title I of legal assistance and legal relations in civil and family cases article 18 exemption from court costs, One of the nationals of a Contracting Party in the territory of the other Contracting Party is exempt from the payment of costs and expenses of proceedings under the same conditions and to the same extent as the nationals of that State. Article 19 issue of a document on the personal, family and property status 1. Document on personal, family and property status, takes the question for decision for exemption from court costs, the parties issued by the competent authority in whose territory the applicant residing or staying in. 2. If the applicant is not a permanent life or stay in the territory of the Contracting Parties, it is a document issued or certified by his country diplomatic mission or consular authority. 3. the Court shall decide, in accordance with the request for exemption from court costs to pay, may require the authority which issued the document, in addition to the explanations. Article 20 competent court 1. If this contract does not determine the order of each of the other Contracting Party, the courts are competent to hear civil and family cases, if the defendant is resident in its territory. Requirements against legal persons courts are competent, if the party is in the governing body of the legal person, or an agency or branch. 2. Competent to consider claims for property rights and other rights concerning real estate, are the courts of the Contracting Party in whose territory the property is situated. 3. the Contracting Parties, the Court hears cases in other situations, if it has the written agreement of the parties. The agreement shall terminate the proceedings in the Court of the defendant's submission, if it is presented by the opposition claims faster than in nature. Agreement of the parties cannot alter the exclusive competence of the courts. 4. If a civil action is brought between the same parties concerning the same subject and on the same basis both in the courts of the Contracting Parties, which are competent to hear in accordance with this agreement, the Court proposed the case later, terminating the proceedings. Article 21 legal capacity 1. capacity of a natural person determined by the legislation of the Contracting Party of which are this person. 2. the legal capacity of a legal person shall be determined by the law of the Contracting Party in whose territory it is established. Article 22 capacity limitation and recognition of the incapacitated 1. If any person be declared legally incompetent or of limited legal capacity, the competent and entitled to apply its laws are the authorities of the Contracting Party of which that person is. 2. If one of the authorities of the Contracting Parties will determine that there are reasonable grounds for a national of the other Contracting Party, whose permanent place of residence or place of residence is in the territory of that Contracting Party, be declared legally incompetent or of limited legal capacity, it shall inform the appropriate authority of the other Contracting Party. If the authority that so informed, announce that it grants the right to take further actions to the authority of the permanent place of residence or place of stay or do not give a reply within three months, then the person's place of residence or the institution of the place of stay, you can review the case for this person's capacity limitations or recognition of incapacitated in accordance with their national laws, if the basis is also provided for in the legislation of the Contracting Party of which are this person. The decision on capacity limitations or recognition of incapacitated must be sent to the respective other Contracting Party. 3.1 and 2 of this article, the provisions also apply to removing capacity constraints or recognizing a person for legal capacity. Article 23 where the delay is not allowed, the other Contracting Party, the authority may take measures for persons living or staying in its territory, the recognition of limited legal capacity, if it is necessary for these persons or their property. In order for these measures to be sent to the relevant authority of the Contracting Party of which the person is that person; These orders are cancelled if the Contracting Parties authorities decide otherwise. Article 24 recognition on the promulgation of the absent, went dead and the death fact finding 1. In cases where the person to be recognised as the absent and went dead or open to reveal the fact of death, are the competent authorities of the Contracting Party from which the person was a citizen at the time when they received the last news. 2. the Contracting Parties may recognize the authority of the other Contracting Party, citizen of went absent or dead, or to establish the fact of his death after the application of persons residing on their territory if their rights and interests based on the legislation of the Contracting Party. 3.1 and 2 of this article, in the cases referred to in paragraph Contracting Parties authorities apply their national legislation. 25. Article 1 of the conclusion of the marriage the marriage rules for each person who enters into a marriage, its national legislation of the Contracting Party, of which he is. If there are obstacles to the marriage, then followed the national legislation of the Contracting Party in whose territory is entered into marriage. 2. the form of the marriage shall be governed by the national legislation of the Contracting Party in whose territory the marriage is contracted. Article 26 the spouses ' personal and property rights 1. Spousal personal and property rights determined by the legislation of the Contracting Party in which the spouses have a common living space. 2. If one of the spouses living in the same Contracting Party, but the other-the other Contracting Party and both spouses have the same citizenship, the spouses ' personal and property rights shall be governed by the national legislation of the Contracting Party, of which they are nationals. 3. If one of the spouses is a national of a Contracting Party, the other Contracting Party citizen and one of them live in the same Contracting Party, but the other-the other Contracting Party, then their personal and property rights shall be governed by the national legislation of the Contracting Party in whose territory the spouses was the last common place of residence. 4. If the persons specified in paragraph 3 of this article, have not been common place of residence in the territory of the Contracting Parties, the Contracting Parties shall apply its national legislation, which the authority hearing the case. 5. Matrimonial property regimes associated with real estate, the law of the Contracting Party in which the real property is located. 27. Article divorce and marriage annulment 1. Divorce is competent in its contracting parties public authorities citizens the couple was in the time of the application, and therefore the spouses apply in the territory of that Contracting Party, the latter are also Contracting Parties to the other authorities concerned. 2. If a divorce at the time of the application of one of the spouses is a national of a Contracting Party, the other Contracting Party citizen and one of them live in one, but the other-the other Contracting Party, the competent in both the authorities of the Contracting Parties, they shall apply their national law. 3. In cases of nullity of marriage subject to the legislation of the Contracting Parties, in accordance with article 26 apply in the marriage. In addition, the competent court is determined on the basis of the article 1 and 2. Parent and child rights and responsibilities article 28 cases of establishment of paternity and contestation and the determination of the origin of the child given in marriage to decide in accordance with the legislation of the Contracting Party, where the child is a citizen from birth. 29. Article 1. Parent and child responsibilities and rights determined by the legislation of the Contracting Party in whose territory they have a common residence. 2. If one of the parents or the children are residing in the territory of another Contracting Party, the legal relationship between them shall be governed by the legislation of the Contracting Party of which the person is a child. Article 30 illegitimate child and his mother and father's rights and duties determined by the legislation of the Contracting Party of which the person is a child. 31. Article 1 to make judgments about 28.-30. referred to rights and obligations of the competent courts of the Contracting Party is that the law must be applied in a specific case. 2. where the applicant and the defendant resides in the territory of one of the Contracting Parties, is also the Court of a Contracting Party pursuant to article 28 and 30. Adoption of article 32 was adopted, the 1 apply legislation of the Contracting Party of which he is, or within the territory of which he has his habitual residence. 2. If the child is adopted by spouses one of whom is the one, but the other-the other Contracting Party, the citizen, the adoption must comply with the legislation in force in the two Contracting Parties. 3. If the child has one, but adoptive-second citizen of a Contracting Party, adopted or repealed the adoption, the child's consent is necessary if the law of the Contracting Party so provides, where the citizen is the child, and the child's legal representative and the competent authority of the Contracting Party. Article 33 1. Competent to take a decision on the adoption of the party's authority in the territory of the country of which the adopter has permanent residence or of which he is. 2. in the case set out in article 32, paragraph 2 has authority of the Contracting Party in whose territory the spouse is or was the last common place of residence or abode. Custody and the aegis of article 34 1 whereas the Treaty does not provide otherwise, the citizens of both Contracting Parties, the guardianship and custody of the competent Contracting Party has its guardianship and custody institution of which is under the auspices of the Chancery or notable person. In this case the applicable law of the Contracting Party concerned. 2. The legal relationship between the guardian or trustee and the person who is in the custody or guardianship, shall be governed by the legislation of the Contracting Parties that the Authority appointed a guardian or protector. 1. Article 35 Is to establish custody or guardianship of citizens of one of the Contracting Parties in the interest of the place of residence or abode, or property located in the territory of the other Contracting Party, the Contracting Parties to guardianship and custody institution must immediately inform the other Contracting Party in custody and guardianship authority according to article 35, paragraph 1 of the rules. 2. in urgent cases the other party's custody and guardianship authorities may independently take appropriate steps, informing them of the guardianship authority and guardianship in accordance with paragraph 1 of article 34 of the rules. Measures in force by the time the specified authority takes a different decision. Article 36 1. guardianship and custody of the competent authority in accordance with article 34 (1) of the regulation may be transferred custody of the other Contracting Party to the relevant authorities if wards or persons under the auspices of the place of residence or domicile or property situated in that State. The service is valid only if the successor authority has given its consent to the custody or guardianship of, and informed the concerned authorities of the other party. 2. the authority shall, in accordance with paragraph 1 of this article has taken over custody or guardianship, shall, in accordance with their national legislation. However, it has no right to decide on matters concerning wards or persons in custody status, but it may give permission for the conclusion of marriage required in accordance with the legislation of the Contracting Party of which are this person. Property relations article 37 property rights 1. Property rights determined by the legislation of the Contracting Party in whose territory the immovable property is situated. 2. the ownership of the means of transport, which are recorded in public registers, defines the legislation of the Contracting Party in whose territory the seat of the authority which has registered the vehicle. 3. Property rights or other rights and the ending of the legislation of the Contracting Party in whose territory the property was when there was a transaction or some other circumstance, which was the emergence of such a right or extinction. Property rights or other property rights, which has been the subject of the transaction, occurrence, or expiration is determined by the location of the transaction if the legislation of the Contracting Parties to the agreement do not provide for different arrangements. 38. Article 1 of the form of the transaction in the form of the transaction is determined by the legislation of the place of its closure. 2. The transaction associated with the real estate and rights to the form, determined by the legislation of the Contracting Party in the territory of which such property is situated. 39. Article 1 of the compensation obligation to pay damages, except for obligations arising from the contract or other legal action, determine the legislation of the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury. 2. If the wrongdoer and the victim is a citizen of one of the Contracting Parties, apply the legislation of the Contracting Party in which the Court is seised. 3. In the cases referred to in paragraph 1 and in paragraph 2, the competent court is the Contracting Party in whose territory the activity took place or existed in a different circumstance, which required consideration of injury. The victim may also submit an application to the Court of the Contracting Party in whose territory the defendant's place of residence. Succession article 40 the principle of equality of citizens of one of the Contracting Parties will be treated as nationals of the other Contracting Party, living in its territory, the right to create or cancel a will on property situated in the territory of the other Contracting Party, the law that there must be disposed of, and the right to acquire heritage property or rights. Property or the right to obtain the same terms as those laid down by each contracting party nationals who reside in its territory. Article 41 the inheritance rights 1. Movable property inheritance rights determined by the legislation of the Contracting Party in the territory of which the testator has had their last habitual residence. 2. real property inheritance rights determined by the legislation of the Contracting Party in whose territory they are located. Article 42 of the transition State Succession where, under the legislation of a Contracting Party heritable property to move State property, the real property across the country, of which at the time of death has been a testator, but real property over the public property, in the territory of which it is located. Article 43 the will form the shape of a will determined by the legislation of the Contracting Party of which will compose the moment has been the testator. However, it is sufficient if they comply with the legislation of the Contracting Party in whose territory a will drawn up. These provisions also apply in the event of the cancellation of the will. Article 44 jurisdiction in matters of succession 1. movable property management of heritage, except paragraph 2 of this article, in the cases provided for, take the authorities of the Contracting Party in the territory of which the testator has had their last habitual residence. 2. If the whole estate succession property located in the territory of the Contracting Party where the testator was the last place of residence, at the request of the heirs, or legatār, if it agrees with all the heirs, inheritance in the authorities of the Contracting Party. 3. real property probate cases settled by the authorities of the Contracting Party in whose territory the property is situated. 4. The provisions of this article also apply to the corresponding inheritance disputes. Article 45 heritage protection measures 1. one of the authorities of the Contracting Party according to its laws, take the necessary measures to secure the succession of the property which is located in the territory and which left a legacy of national of the other Contracting Party. 2. the authorities responsible for the protection of the heritage, and citizens of the other Contracting Party of death, is obliged to immediately notify the Contracting Parties of the consular authorities of the testator's death and about people who have applied their inheritance rights to inheritance, on certain conditions, relating to those persons entitled to inherit, on their place of residence, on the existence of a will, the heritage and the value of the and on the measures taken for the protection of the heritage. 3. the diplomatic mission or consular authority, it is passed to the succession of the deceased and real property. 46. the article of one of the Contracting Parties, the diplomatic mission or consular authority has the right to represent the interests of the party, and the succession of authority of the other contracting party without special authorisation, if heirs out of Office or other justifiable reason can not be timely to defend their rights and interests and have not appointed governors. 47. Article If one contracting party nationals dead in the territory of the other Contracting Party, to which he had no permanent place of residence, then held off his property after the list is transferred to the Contracting Party of the diplomatic mission or consular authority of which had died. 48. Article 1 of the issue of the Heritage authority that is competent in matters of succession, in the cases laid down in article 46 of this agreement, shall order the succession issue a diplomatic mission or consular authority. 2. Such property can be passed to the heir, if: 1 the testator) any creditors who applied by the Contracting Parties in which the inheritable property, within the time limits laid down in the legislation have been paid or secured; 2) paid or secured all the fees related to the succession; 3 the competent authorities) if required, the permission for export, inheritable property. 3. The amount of money transfer takes place in accordance with the territories of the Contracting Parties as the applicable legislation. The recognition and enforcement of article 49 of the recognition and enforcement of Judgments in civil and family matters and criminal matters affecting damages 1. The Contracting Parties shall be recognised and enforced by the authorities of Justice, having been convicted by a judgment in civil and family matters and judgments that affect the crime caused the damages. 2. The territory of the Contracting Parties no particular filing guardianship and trusteeship is recognized by the authorities of births, deaths and marriages registration authorities and other authorities in civil and family matters, if they are by their nature requires. 50. Article request for enforcement proceedings 1. Requests for enforcement of the appearance of the Court of the Contracting Party in the territory of which it must be carried out. 2. the request for enforcement shall be submitted to the Court of first instance has given judgment in the case. The request, which filed the Court which delivered the judgment at first instance is sent to the Court which is competent to examine this request. 3. the properties determined by the legislation of the Contracting Party in whose territory the investigation is to be made. 4. The request shall be accompanied by a certified translation into the contract in accordance with article 5 (2). Article 51 request for enforcement must be accompanied by: 1) approved of the Court a copy of the judgment, official document of entry into force of the judgment, if it is not apparent from the text of the judgment, certified for its execution. 2) document that certifies that a defendant who has not participated in the process in good time and in due form, something once was served notice of appearance; 3) this article 1 and 2 of the document referred to in a certified translation. 52. Article If the Court of Justice, the enforcement of judgments, there will be confusion, it may require the person who submitted a request for enforcement of the judgment, explanation, as well as the debtor's request to question him about the nature of and, if necessary, request clarification from the Court that delivered the judgment. Article 53 the procedure of enforcement judgment enforcement procedures shall be governed by the legislation of the Contracting Party in whose territory the enforcement is to take place. 54. article to cover costs related to the enforcement of the judgment, the applicable law of the Contracting Party in whose territory judgment has to be enforced. Article 55 refusal to recognize and enforce judgments judgment of recognition or enforcement may be refused: 1) if the person who made the request, or the defendant has not participated in the process because they or their authorized has been timely and duly issued a summons to appear in court, 2) if the same dispute between the same parties in the territory of the Contracting Party, which must take place in the judgment and execution, has previously given a legitimate entry into force of the judgment, or if the authorities of the Contracting Party where the earlier launched legal proceedings in this case , 3) If, in accordance with the terms of this agreement, but in cases not provided for in this Treaty, in accordance with the Contracting Parties to take place in the territory of which recognition and enforcement of judgments, legislation, case is its exceptional competence, 4) in the absence of the document, which confirms the agreement of the parties of the dispute. 56. Article 49.-this agreement the provisions of article 55 of the judgment of the Court of Justice shall also apply to settlements approved by court. Article 57 the export of Goods and the amount of money transfer this agreement on enforcement of judgments without prejudice to the legislation of the Contracting Parties on the performance of the resulting amount of money transfer and export of objects. Chapter II legal aid in criminal prosecution proceedings 58 Prosecution proceedings or the obligation of transposition 1. each Contracting Party shall, at the request of the other Contracting Party in accordance with its laws proposed or taken over by the prosecution against their nationals suspected of committing a crime in the territory of the other Contracting Party. 2. the application of the prosecution, the victim who filed within the time limit set in accordance with the legislation of one Contracting Party to the competent authorities, are also valid in the territory of the other Contracting Party. Article 59 applications for the initiation of criminal prosecution or acquisitions for the prosecution 1. initiation or acquisitions must be drawn up in writing and must specify: 1) authorities, which sent the request, the name, 2) description of the offence, it is sent a request for the initiation of criminal prosecution or acquisitions, 3) more accurate location and time of the offence, 4) the Contracting Parties which sent the request, the text of the law, on the basis of which, the offence is considered a crime , 5) of the suspected person surname and name of its nationality, residence or the place of life, and other news about its personality, as well as, if possible, the person's appearance, photograph and fingerprints, 6) details of the material losses suffered. The request must be accompanied by the application of the victim in criminal proceedings, which proposed to the victim's submission was based, and for material damages, if such is the case, as well as the Contracting Parties, which shall send a request, held the previous examination materials and evidence. Transfer of items, which is a crime or caught up in the tools at a crime criminals must take account of this contract, paragraph 3 of article 72. 2. If a person, when the request for the initiation of criminal prosecution or transfer is sent, in accordance with article 58, paragraph 1, is in custody in the territory of the Contracting Party, which shall forward such a request, then it is delivered to the territory of the other Contracting Party. Persons detained in the territory of the other Contracting Party, the etapēšan sanctioned by the official conducting supervision over investigation of the case. The personal service is effected as provided for in article 70 of this agreement 1. Article 60 of the Crime issue, which provided for the issuance of 1. the Contracting Parties undertake, in accordance with the terms of this agreement, upon request, issue one other persons within their territories, in order to prosecute them criminally, or to comply with the judgment. 2. Extradition for offences that take place under the legislation of both Contracting Parties are considered as crimes for which the penalty provided for in the form of deprivation of liberty for a period longer than one year or another more serious punishment. The enforcement of the judgment issue happens if such crimes persons convicted to imprisonment for a term of more than six months, or to some other more serious punishment. Article 61 refusal to issue the extradition does not take place, 1:1), which sent the extradition request, are Contracting Parties to which the request is transmitted, a citizen or person in the country granted the right of asylum, 2) prosecution under the legislation of both Contracting Parties have proposed only after the victim privātsūdzīb, 3) at the time of receipt of the request in accordance with the criminal prosecution of the contracting party to which the request is transmitted, the legislation may not be brought or the judgment cannot be enforced or other limitation of the term legal reason , 4) the person who sent the extradition request, the Contracting Parties in the territory of the same crime is the entry into force of a judgment or decision on the termination of the proceedings. 2. May refuse to issue a person if the offence for which the extradition request, committed in the territory of the contracting party to which a request. 3. Refusing to issue, the contracting party to which a request, notify the other Contracting Party of the grounds for refusal. 62. Article picking the suspension if the person that sent the extradition request, called a criminally or suffer the penalty for other crimes in the territory of the contracting party to which the request is transmitted, extradition may be deferred until completion of the criminal prosecution, the end of a sentence or release any other legitimate grounds. Article 63 the Issue If the issue under article 62 of the postponement may lead to prosecution or serious limitation of the period of troubling crime investigation in that case after a substantiated request for extradition may take place on condition that the person will be issued immediately sent back by their procedural activities for the purpose of which it was issued, at the latest within three months from the date of issue. 64. article at the request of several countries where for one and the same person's extradition is received from a number of countries, the question of who shall decide on the request of the Contracting Party which received the requests. Article 65 of the criminal prosecution of the person Issued the boundary 1. Without the Contracting Parties, which issued the person, the consent of that person cannot be held criminally liable or punished for the crimes of others, who had no grounds for extradition. 2. also issued individual cannot be issued on the third country without their consent issued by the Contracting Parties. 3. The Contracting Party's consent is not necessary if the person issued 10 days after the completion of the prosecution, sentence or release any legal justification is left to the Contracting Parties to which the person is picked, the territory or, if the person voluntarily come back there again. This term does not include the time during which the person could not be issued to leave the Contracting Parties to which the person is released, the site of her circumstances. 66. Article extradition request for extradition Request 1 must be presented in written form and content: 1) authorities, which requires a name, 2), a Contracting Party which requires that the text of the law, by which the particular offence is recognized as a crime in the name of the person to be 3) and the name of its nationality, residence or the place of life, and other news about its personality, as well as, if possible, the external appearance description , photograph and fingerprints, 4) news about the damage done in the material loss. 2. the request for extradition for the purposes of conducting a criminal prosecution must be accompanied by a certified true copy of the decision on arrest with the actual circumstances of the case. Request for extradition for the enforcement of the judgment must be accompanied by a certified copy of the judgment, with a statement of its entry into force and the criminal law in the legal text on the basis of which the person is convicted. If convicted, the penalty part already done, then add the details about it. Article 67 of the person Issuing the arrest After receiving the extradition request the contracting party to which the request is transmitted shall immediately take measures to arrest the persons to be issued, except in accordance with the provisions of this agreement do not allow extradition. Article 68 additional posts by Request 1 a Contracting Party may request additional information, if the extradition request does not contain all 66 required specified in article. The other Contracting Party shall respond to such a request no later than one month; for good reason, this time limit may be extended for another 15 days. 2. where the requesting contracting party is not made within the time limit, the request for the extra messages received in a Contracting Party may be released from detention a person who has been arrested on the basis of article 67. Article 69 the arrest until receipt of the extradition request 1. Urgent cases at the request of the requesting contracting party, other Contracting Parties may arrest the person specified in article 66 before the extradition request was received. The request must be accompanied by a decision on detention or lawful entry into force of the judgment, which is adopted in relation to the specific person. The request must include a statement that the extradition request will be sent immediately. The request and the documents are sent in any possible manner, ensuring the inclusion of all document properties (fax URu.tml). 2. a Person may be arrested without this article referred to in paragraph 1 of the receipt of the request, if there are reasonable grounds for believing that it is in the territory of the other Contracting Party has committed a crime for which the intended output. 3. An arrest warrant, in accordance with paragraphs 1 and 2, or causes that do not allow you to execute the request referred to in paragraph 1, shall immediately be notified to the other Contracting Party. 4. The Person arrested, in accordance with paragraph 1 of this article must be released if, within 15 days after a request for the arrest of the other Contracting Party does not receive a request for this person. This deadline after a request of the requesting Contracting Party may be extended for another 15 days. 70. Article 1 of the Extradition Request by a Contracting Party shall notify the Contracting Party from which the request is received, your decision on extradition, be informed of the place and time of issue. 2. If the Contracting Party from which the request is received, does not accept the persons to be issued within 15 days after the date of issue, then that person must be released from custody. At the request of the Contracting Party from which the extradition request is received, this period may be extended by no more than 15 days. 71. Article re-extradition of the person, if issued, would avoid prosecution or sentence and will return to the territory of the contracting party to which the request is addressed, she by the requesting Contracting Party may be issued. In this case, the request does not need to add the document referred to in article 66. 72. Article subject issue 1. Contracting Party addressed to the extradition request, pass it to the other Contracting Party of the crime for which the extradition provided for in article 60, the tools, as well as objects that have traces of the crime or obtained proceeds of crime. These items are passed, on receipt of a request, or in cases where the extradition of his death or other circumstances is not possible. 2. a Contracting Party that submitted the request, may temporarily suspend the items referred to in paragraph 1, if they needed another criminal case. 3. Rights of third parties to the requesting Contracting Party passed objects remain valid. After the termination of these items must be returned to the Contracting Party which issued it. 73. Article 1 of the Tranzītpārvadāšan each Contracting Party by the other Contracting Party, the authorization to transport through its territory persons, issued by a third State to the other Contracting Party. Contracting Parties are not obliged to allow the transport of persons, which is issued after the terms of this agreement. 2. a request for transport is completed and sent in the same way as the extradition request. 3. the Contracting Parties ' competent authorities in each individual case the transit line type, route and other provisions. 4. Expenses related to the tranzītpārvadāšan, shall be borne by the Contracting Party that made the request. 74. Article participation of the representatives of the Contracting Parties to the legal assistance in criminal matters, representatives of one of the Contracting Parties to the agreement of the other Contracting Party, be present at the request of the other Contracting Party on the provision of legal assistance in criminal matters. 75. article details of criminal convictions, the Contracting Parties shall provide each other on request the particulars of the person's previous convictions, if that person is called to criminal liability of the requesting contracting party. 76. Article news about the outcome of the criminal prosecution, the Contracting Parties shall notify each other of the people, which had sent a request for the initiation of criminal prosecution or prosecution results, as well as issued. After the request is sent to the effect of the judgment was entered, or other copy of a final decision. Article 77 notification of judgments every year, Contracting Parties will provide each other with details of the judgments entered into lawful effect and by the Court of one of the Contracting Parties in full swing for the citizens of the other Contracting Party. The third part of the final clauses article 78 of the entry into force of the Treaty this Treaty shall be subject to ratification and to be registered with the United Nations in accordance with the United Nations Charter article 102 and shall enter into force 30 days after the exchange of instruments of ratification, which will take place in Chisinau. 79. Article 1 the period of validity of the contract. the contract is concluded for an indefinite period. Each Contracting Party may at any time denounce it by sending the other party notice in writing. Denunciation shall take effect six months after notification to the other Contracting Party. 2. for the purposes of this agreement, you can make changes and add to the same order that's defined in its conclusion. Contract of 1993 in Riga on April 14 in duplicate, each Romanian and Latvian languages, both texts being equally valid. The Republic of Moldova, the Republic of Latvia


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