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Law 8 Of 1998 Ratifying The Convention On Judicial Cooperation In Civil, Commercial And Criminal Matters (Criminal) And Personal Status, Extradition And Transfer Of Sentenced Persons And Estates Between Syria And Egypt

Original Language Title: القانون 8 لعام 1998 تصديق الاتفاقية القضائية بشأن التعاون القضائي في المواد المدنية والتجارية والجزائية (الجنائية) والأحوال الشخصية وتسليم المجرمين ونقل المحكوم عليهم وتصفية التركات بين سورية ومصر

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Law No. 8 of 1998 Ratification of the Judicial Convention on Judicial Cooperation in Civil, Commercial and Criminal Materials (Criminal), Personal Status, Extradition, Transfer of Sentenced Persons and Liquidation of Turkmens between Syria and Egypt


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Act No. 8 of 1998
Date-birth: 1998-08-04 History-Hjri: 1419-04-11
Published as: 1998-08-04
Section: A law.

Information on this Act:
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Law No. 8 of 1998 Ratification of the Judicial Convention on Judicial Cooperation
In civil, commercial and penal (criminal) materials, personal status, extradition, transfer of sentenced persons and the liquidation of the Turkmens between Syria and Egypt.

President

Based on the Constitution

As approved by the People's Assembly at its meeting held on 6/3/1419 A.H., 30/6/1998,

The following are issued:

Article 1. Ratify the Judicial Convention between the Syrian Arab Republic and the Arab Republic of Egypt on Judicial Cooperation in Civil, Commercial and Criminal Materials (Criminal), Personal Status, Extradition, Transfer of Sentenced Persons and Liquidation of the Leave signed in Cairo on a date 26/4/1998 and annexed to this Law.

Article 2. This Law is published in the Official Journal.

Damascus 11/4/1419 A.H.

4/8 1998

President

Hafez al-Assad

Convention on Cooperation and Judicial in Civil, Commercial and Criminal Materials (Criminal), Personal Status, Extradition, Transfer of Sentenced Persons and Liquidation of Leave

Between the Syrian Arab Republic and the Arab Republic of Egypt

(Part I)

Exchange of information and encouragement of visits

Article 1

a. The Ministries of Justice and the Judiciary in (the two countries) share the publications, research, legal journals, laws and legislative texts in force, the collections in which the judgements and jurisprudence are published, and exchange information regarding judicial regulations and methods The practice of working in them.

b. The parties shall coordinate the legislative and judicial texts between them and work to unify them as may be required by the circumstances.

c. The request for information shall be directed and replied to by the Ministry of Justice at the request of the contractors.

Article 2

The Contracting Parties shall encourage visits by judicial delegations, exchange of judicial personnel and expertise, organize training courses for those working in this field, and encourage the holding of conferences and seminars in the field of justice and justice.

(Part II)

In judicial cooperation

Section I

Access to courts and judicial exemption (judicial aid)

Article 3

Nationals of each State within the borders of another State shall have recourse to the courts to defend and protect their rights and interests under the same conditions and legal protection of their nationals.

They shall not be required to provide any guarantee or guarantee under any designation for the fact that they are nationals of the other State or for the absence of a residence or habitual residence for them on the territory of this State, and applies to the amounts required by the claimants or the interveners to ensure expenses. Judicial.

Article 4

The provisions of the preceding article shall apply to all legal persons established or authorized in accordance with the law in one State, which has its main status on the condition that its establishment and purpose do not violate the public order in this State.

The justiciability of such legal persons is determined in accordance with the legislation of the Contracting State in which the main centre is located.

Article 5

The Contracting Parties undertake mutual judicial cooperation between judicial actors in civil, commercial and penal (criminal), personal status, extradition, transfer of sentenced persons and the liquidation of legacies, and cooperation shall be covered by the courts in accordance with the provisions contained in the present Convention.

Article 6

Nationals of each State have the right to a judicial exemption (judicial aid) under the same conditions as those of other State nationals.

Article 7

Requests for judicial exemption (judicial aid) are accompanied by documents supporting them directly to the competent authority for decision in the requested State, or to the Ministry of Justice of each State, or to the diplomatic or consular route if the student resides on the territory of a third State, and to the entity The applicant is requested to request any supplementary statement or documents to meet the requirements of the request.

Article 8

The competent authority shall not charge any fees or charges for sending, receiving or deciding on requests for judicial exemption (judicial aid), and such requests shall be verified and disposed of as a matter of urgency.

Article 9

The Ministry of Justice of both Contracting States receives requests for cooperation in the subjects of this Convention and is directly connected with each other.

In each State, the Ministry of Justice determines its central authority, which in particular:

(a) Receive and follow requests for judicial assistance in accordance with the provisions of this section if the student is not resident above the territory of the State required.

(b) To receive judicial rogations from a judicial authority sent to them from the central authority of the other State and to send them to the competent authority for the prompt execution of them.

(c) Receive and communicate requests for and notification from the central authority of the other State.

(d) Receive requests for the execution of maintenance provisions, custody of children and the right to see them and follow such requests.

3. Applications and documents transmitted in application of the provisions of this Convention are exempt from any certification or similar procedure, and the documents must be signed by the competent authority for their issuance and their conclusion. If they are to be certified by the competent authority and for the benefit of the documents, they must be attached to the appropriate body. Matched it to the asset.

Section II

Declaration and communication of documents and papers

Article 10

Requests for the declaration or communication of documents, judicial and other forms of civil, commercial and penal (criminal) and personal status from the central competent authority and specified in the former article in the requesting State shall be communicated to the central authority of the State required for implementation Declaration or reporting.

The implementation of the Declaration or reporting shall be in accordance with the procedures established in the State legislation required of it.

A copy of the declarations or communications concerning the opening of proceedings against legal persons in either country must be sent to the Ministry of Justice of the State where the proceedings were opened.

Article 11

The provisions of the preceding two articles do not preclude the coercion of the two States without coercion to declare judicial editors directly to their nationals through their diplomatic or consular representatives or their place of office.

Article 12

A declaration or notification may be made in a special form upon the express request of the requesting authority, provided that the form does not conflict with the legislation of the requested State.

The declaration or notification obtained in either Contracting State in accordance with the provisions of this Convention shall be deemed to have been made in the other State.

Article 13

The documents and papers to be declared or transmitted must contain the following data:

a. Full name, nationality and address of the document sender (student reporting).

b. The full name of each required declaration or communication, profession, title, nationality, place of residence, name, title and address of its representative where appropriate.

c. The author of the document or the papers and their conclusion and signature.

d. Type of document or judicial paper.

e. The issue of the application, its cause and every possible statement in this regard, and in criminal (criminal) cases, mentions the legal description of the offence committed, the name, title, location and date of birth to be reported and the name and title of his/her parents.

Article 14

A State from which it is required to declare or report may refuse its action unless it considers that its implementation would prejudice its sovereignty or public order, and in the case of refusal of execution, the requesting entity shall give notice to the requesting entity and indicate the reasons for the rejection.

Article 15

The required judicial authority may send the certificates to the completion of the declaration or the transfer of the judicial papers directly to the requesting entity through the competent central authority.

Article 16

The requested State does not have the obligation to declare or report any fees for it.

Section III

Judicial proceedings and attendance of witnesses and experts

Article 17

The judicial authorities of each State may require the judicial authorities of the other State to initiate the necessary judicial proceedings in relation to a lawsuit in a civil, commercial or penal (criminal) case or personal status.

The rogatory shall be sent in accordance with the form set out in article IX of this Convention.

Article 18

Both Contracting States may implement directly and without coercion by their diplomatic or consular representatives the requests of their nationals, in particular those required to be heard or examined by experts or to submit documents or study them.

In case of conflict of laws, the nationality of the person to be heard is determined in accordance with the legislation of the State in which the application is carried out.

Article 19

The application for judicial representation includes the following data:

a. The author, if possible, with the ring and signature of the applicant.

b. All personal data and addresses of Parties and their representatives as appropriate.

c. Summary of the merits and proceedings.

d. Acts or judicial proceedings to be completed.

e. The application for judicial representation shall be included if necessary:

-Names and addresses of persons to be heard.

-The questions to which they are asked or the facts to be taken in respect of them.

-documents or objects to be examined and examined.

Article 20

The execution of the judicial act shall be, as a matter of urgency, by the judicial authority required, in accordance with its national legislation, in respect of the form to be followed and the means of reparation to be taken, and if the applicant is not competent to refer the acting to the competent authority.

At the express request of the requesting judicial body, the applicant may, in particular, implement the acting in a special form consistent with the legislation of the requesting State.

Article 21

The requesting body shall be informed of the time and place of the execution of the case law so that the relevant parties or their representatives may be present when appropriate.

Article 22

If the central State of the State is deemed to be the subject of the request, it shall immediately notify the requesting body of its objection to the request.

Article 23

The acting may be refused in one of the following cases:

a. If its implementation does not fall within the jurisdiction of its judicial authorities and does not have the right to refer it to the competent authority of the State.

b. If their implementation would prejudice the sovereignty, security, public order or other fundamental interests of this State or when it relates to a political offence and when it is not carried out in full or in part, the requesting authority shall be immediately informed of the reasons for it.

Article 24

Persons required to be heard are required to be heard and their statements heard in the legal manner in which the certificate is required to be performed.

Article 25

In accordance with the provisions of this Convention, proceedings conducted in accordance with the provisions of this Convention shall have the same legal effect as if they have been brought before the competent authority of the other party.

Article 26

The execution of the jurisdiction of the requested State shall not entail any fees, and the person identified by the requisitioner shall bear the expenses necessary for it and shall perform the expenses estimated by the implementing entity.

The liabilities may be guaranteed by a written undertaking that shall be accompanied by a written undertaking on the basis of an approximate statement prepared by the destination, and the statement of expenditure shall be accompanied by the substantiated documents for the execution of the case.

Article 27

Every witness or expert-whatever his/her nationality-declares in attendance at one of the Contracting States and voluntarily attends to this purpose before the judicial authorities of the requesting State, no criminal proceedings may be taken against him or his arrest or imprisonment for acts or in fulfilment of prior sentences entered into the country of the State The student, and the declaration, may not include any threat of house arrest in the event of non-compliance with the Declaration.

This immunity is removed from the witness or expert from 15 days after the date of the judicial authorities of the requesting State, without leaving them, with no reason to do so for reasons beyond his control, or if he returned to them after he left them.

The authority that the witness or expert declared must have chosen to write this immunity before testifying for the first time.

Article 28

The witness or expert referred to in the preceding article has the right to recover travel and subsistence expenses and what he has missed from the requesting State, and the expert is entitled to pay his or her fees for his or her opinion.

Payments made to the witness or to the expert shall be found in the declaration and, upon request, the requesting State may pay in advance such amounts.

Article 29

The requested State shall be bound by the transfer of the person who is declared in accordance with the provisions of this Agreement to hear his or her testimony before the judicial authorities of the requesting State as a witness or expert in advance of his consent, and the requesting State commits to keep him locked up and returned as soon as possible. or in the term of the State to which it is requested, taking into account the provisions of article 27 of this Convention.

The requested State may refuse to transfer the detained person referred to in this article in the following circumstances:

-if it is necessary in the State to which it is requested due to penalty proceedings being taken.

-if his transfer to the requesting State would extend the duration of his imprisonment.

-If there are special considerations or considerations that cannot be overcome, prevent it from being transferred to the requesting State.

Section IV

Recognition and enforcement of judicial decisions, formal contracts and judicial reconciliation

Article 30

The two Contracting States shall recognize and implement the provisions of other State courts in civil and commercial articles and the personal status of the force in accordance with the rules set out in this section, as well as the provisions of the Criminal (Criminal) Courts In relation to compensation for damages and restitution of funds, this shall also apply to each judgement or decision whatever its designation is issued by a judicial party in the articles mentioned on the basis of proceedings in the judiciary or the jurisdiction of the State in accordance with the legislation of the State in which the judgement was issued.

Article 31

The judicial decisions and legal decisions of the judicial authorities of one State shall be recognized in the other State if they meet the following conditions:

1. If the judgement or decision holds the force of the order or is not subject to appeal by ordinary means of appeal and enforcement in accordance with the law of the State in which it is issued, however, it recognizes the judgement and decision in the personal status materials relating to the performance of maintenance and the vision (read) when It was enforceable in the country where it was issued.

2. The judgement or decision shall be made by a competent judicial body in accordance with the rules of jurisdiction in which it is established or issued by a competent judicial authority in accordance with the provisions of this Convention.

3. The liabilities have been legally invoked, attended, represented or absent, in accordance with the law of the State in which the action has been taken.

4. The provision shall not contain any violation of the public order or morals of the State in which it is requested to be implemented.

5. There shall be no judicial dispute between the same adversaries on the same subject and based on the same facts in the State that is required to recognize when such a dispute was first brought to it or issued by a judicial authority in the requested State, in which the conditions for its implementation are available, or In the case of a third State, there was a provision in which the necessary conditions for recognition in the requested State were available and had been issued prior to the judicial decision to be recognized.

Article 32

The courts of the State that have issued the provision to be recognized shall be competent in accordance with this Convention:

(a) The domicile or habitual residence of the respondent at the time of the proceedings in this State.

(b) The defendant in this State party at the time of the filing of the case has a business, subsidiary, commercial or industrial nature, and the case has been instituted for a dispute concerning the activity of this institution or branch.

(c) If a contract is attached to a contract in which the parties have expressly agreed to this competence, or if the contractual obligation in question has been implemented or was the duty to implement in whole or in part in this State.

(d) If the requirement for non-tococcal liability has occurred in this State.

(e) If the proceedings are related to a dispute concerning the property of an object in this State.

(f) If the defendant expressly accepted the jurisdiction of the courts of this State or took a chosen place in which it was not related to this dispute or made a defence in the matter without being challenged in its jurisdiction.

(g) If the creditor has the maintenance home or habitual residence on the territory of this State.

(h) in custody cases if the place of residence of the family or the last place of residence is located in this State.

When examining the territorial jurisdiction of the court of the State in which the judgement was issued, the author would be bound by the facts relied upon by the present court in determining its jurisdiction only if the judgement was rendered in absentia according to the legislation of the State in which it was issued.

Article 33

A confession may not be denied on the basis that the judicial authority issued by it has applied to the facts of the case a law that is not applicable under the rules of private international law of the State required, unless it relates to the situation of persons or their eligibility, and in such cases Recognition may not be refused if these rules have the same conclusion.

Article 34

Discount in the case which shall be upheld by a judicial judgement to be submitted to the competent enforcement agency:

(a) An image of the judgement that meets the conditions necessary for its official capacity.

(b) The origin of the provision of the judgement or a certified copy of the asset from the issuer, or any other editor who serves as the declaration and certified.

(c) a certificate from the competent authority that the provision is not subject to appeal and that it is enforceable.

(d) An image from the absent discount invitation paper to be accredited by the competent authority if necessary.

(e) A certificate from the competent authority for personal status issues that the judgement is enforceable and for other cases that the judgement is not subject to appeal and is subject to implementation.

Article 35

The recognized provisions shall not establish the right to take any force executive action and shall not be subject to any action by the public authority as a restriction in public records until after the execution of the order, however, in the case of personal and personal circumstances, the order may be given to the force of the order in which it is not authorized. Civil status records are not applicable in the executive form if they do not violate the law of the State in which they are located.

Duration (36)

The judicial decisions of the jurisdiction of one of the States recognized in the other State in accordance with this Convention shall be enforceable in the State required in accordance with the implementing procedures established in its legislation.

The competent judicial authority shall ensure that the sentence is met for the conditions in this section without being subjected to the subject matter, and the execution may be partial to the execution of one or another of the ruling (and prior to the application for execution of the application).

Article 37

Documented official contracts are assets of the author and the judicial reconciliation of either State is enforceable in the other State under the same conditions as those required for the execution of judicial decisions and within the limits permitted by the legislation of this State.

(Part III)

Arbitration agreements and arbitrators

Section I

Arbitration agreements

Article 38

In accordance with their legislation, both States recognize written agreements free of their nationals by contracting parties and are obliged to arbitrate by arbitration all or some of the existing disputes or between them in connection with a particular contractual or non-contractual relationship.

The agreements contained in the preceding paragraph means each arbitration agreement or arbitration clause to be signed by a party or contained in letters, telegrams or other means of communication that prove the existence of the agreement and its issuance by the other party, or in the minutes of the editor of the same selected arbitrators or In the case notes and minutes of hearings in which a party claims an agreement and is not denied by the other party, the reference in a contract to an agreement that includes an arbitration clause is an arbitration agreement if the contract is fixed in writing.

Article 39

1. Parties to the arbitration agreement shall agree to:

(a) The arbitrators shall be citizens of either State or of the citizens of another State.

(b) The appointment of a arbitrator for each party and the appointment of the third arbitrator by them, or the arbitrators shall, in turn, appoint the third arbitrator and when the third arbitrator cannot be appointed at the request of the competent court of the State in which the dispute is submitted.

2. Parties may also:

(a) Appointment of the place of arbitration.

(b) To determine the rules and procedures to be followed and applied by the arbitrator or arbitrators while respecting the public order and morals of the State in which the arbitration agreement is implemented.

Article 40

If a court in one State is subject to a dispute subject to an arbitration agreement under the previous texts of this section, it shall refer the dispute to arbitration at the request of a party, unless it is found that the arbitration agreement is null or void or is no longer in force.

Section II

Recognition and enforcement of arbitrators

Article 41

The two States recognize the provisions of the arbitrators that are issued in the other State and are valid for their implementation and implementation in accordance with the provisions of this Convention and in conformity with the Convention on the adoption and implementation of foreign arbitral awards signed in New York on 10 June 1958. (a) To submit an approved image of the judgement to be carried out with a certificate issued by the competent judicial authority stating that the judgement is valid for execution. The executive form of one of the two States shall be considered to be in force in the other State.

Article 42

A State shall not refuse to implement the judgement of an arbitrator issued in the other State or to consider its subject only in the following cases:

a. If the law of the entity required to implement the provision does not permit the resolution of the dispute through arbitration.

b. If in the judgement of the arbitrators it is contrary to the public order or morals of the country in which the execution is required.

c. If the judgment of the arbitrators is not valid for implementation in accordance with the law of the State in which it is issued.

(Part IV)

Exchange of criminal status newspapers (penalty)

Article 43

The Ministries of Justice of both States exchange data on criminal (penal) provisions that have won the power of the litigant and issued against the citizens of the other State.

Article 44

In the event that the public action is instituted in one State, the principal of the case may obtain through the Ministry of Justice the Criminal (Criminal) Status newspaper of the person charged by the prosecution (indictment).

Section V

Extradition

Article 45

Extradition between the Contracting States shall be carried out in accordance with the provisions of this section.

Article 46

Extradition shall be the duty of persons in the territory of a Contracting State and charged (claim) or sentenced by the judicial authorities of the other State if the following conditions exist:

a. The offence for which extradition is required has been committed in the territory of the requesting State or to have been committed outside the territory of either State and their respective laws would have been punishable if committed outside their territory.

b. The offence is punishable by at least one year in prison or a more severe penalty in the respective laws of the parties, or be sentenced to imprisonment for at least six months' imprisonment.

If the act is not punishable under the laws of the State required to extradite or the penalty for the offence in the requesting State is not in the laws of the State to which extradition is required, extradition shall be required only if the person requested to be extradited is a State citizen. The delivery student or the citizens of another state decide the same penalty.

Article 47

No extradition may be made in any of the following cases:

First: if the offence is considered to be a political offence or is associated with a political offence and in the application of the provisions of this Convention, the offence is not considered to be a political offence, as follows:

a. Offences against the President of a Contracting State, its spouse, assets or branches, or the infringement of the Vice-President as well as the initiation of such offences.

(b) Homicide and robbery accompanied by coercion against individuals, offences against public funds or transportation and communications.

Second: if the person to be extradited is a citizen of the State to which the extradition is requested.
In determining the nationality of the person to be extradited at the time of the commission of the offence for which extradition is requested, in this case the requested State shall prosecute this person at the request of the other State and with the assistance that the requesting State has conducted.

III. If the person to be extradited has already been prosecuted for the offence for which he or she is requested to be extradited and sentenced or convicted, and the penalty for sentence has been met.

IV. If the crime or punishment has passed or falls under the law of either the Contracting State or the laws of the State in which the offence has been signed.

V: If the person to be extradited is in the investigation or trial of the requesting State for the same offence for which he or she is requested to be extradited.

Article 48

If the person to be extradited is in the investigation or trial of the requested State for another offence for which extradition is not required, it shall defer consideration of the application for extradition until the completion of his trial and the sentence of the sentence is executed.

Article 49

The request for extradition shall be submitted in writing and directed through the Ministry of Justice and shall be accompanied by the following statements and documents:

a. A detailed description of the identity of the person whose delivery, descriptions and solar image are required.

b. Arrest warrant (warrant for arrest or deposit) or any other document of the same force issued by the competent authorities if the person sought is under investigation.

c. The date and place of the commission of the acts to which the extradition is requested, its legal description and the legal texts applicable to it, with an approved version of these texts and a statement of the authority to investigate the evidence against the person to be extradited.

d. An official copy of the judgement against the person whose extradition is requested if he or she has been sentenced to or in absentia by the person (and).

Article 50

The competent authorities shall separate the extradition request from the Contracting States in accordance with the law in force at the time of submission of the application.

Article 51

If there are multiple requests for extradition for one offence, priority shall be given to the State that committed the crime on its territory, then to the State for which the offence has been harmed and then to the State to which the person to be extradited is requested to be extradited.

If circumstances determine the preference of the former State in the extradition request, whether extradition requests for multiple offences are likely to be weighted according to the circumstances and gravity of the offence.

Article 52

The State requesting extradition on the basis of the warrant (arrest warrant or deposit) requires the arrest of the person to be extradited pending the receipt of the extradition request and the documents set forth in article 39, and to the competent authority of the requesting State if they do not receive these documents during the course of the extradition request. 30 days from the request for arrest to order the release of the person whose extradition is requested and the decision to release shall not be transferred without re-arrest if the extradition request is received, inspired by the above documents.

If the requested State considers that it is in need of supplementary clarification to verify the availability of the conditions set forth in this Agreement, the requesting State has been notified of the diplomatic route before refusing the request, and the requested State may wish to make a date for such clarification. In all cases the arrest is carried out in accordance with the laws of the State required to extradite.

Article 53

The requested State shall notify the extradition requesting State of the decision it has made regarding the request for extradition and shall be notified through the Ministries of Justice of both countries, and the decision to refuse extradition must be reasoned and in the case of acceptance of the extradition request, the requesting State shall be informed of the extradition request. The date of delivery.

Article 54

The requesting State shall apply for extradition within thirty days from the date of transmission of a notification to the requesting State. Otherwise, the requested State shall have the right to release it and in that case it shall not be requested to be extradited again for the same offence.

Article 55

The person requested to be extradited in the requesting State shall not be tried and sentenced only to the offence for which he has been requested to be extradited or for the offences associated with it, if he or she has been made available to exit the territory of the State to which he has been extradited and has not availed herself within 30 days. The following may be released for final release or if he left the territory of the State during that period and then returned to him again of his own choice, so that his trial for other crimes would be retried.

The Muslim State may also extradite him to a third State only upon the consent of the State which has extradited him and, however, the person may be extradited to a third State if he or she has resided in the territory of the State of the Muslim State or has returned to it by choice in accordance with the provisions of the paragraph Previous to this article.

Article 56

If, during the course of the proceedings and after the extradition of the person sought, a change in the description of the offence is carried out, it may be followed and not prosecuted unless the elements of the offence are described as new, allowing extradition to be made in accordance with the provisions of this Convention.

Article 57

The duration of custody (arrest) shall be deducted from any penalty imposed in the requesting State for the person to be extradited.

Article 58

Without prejudice to the provisions of the laws in force in the State to which extradition is requested and the rights of non-bona fide persons, all objects found in connection with the offence are seized when the order is seized or remanded in custody (arrest) or at any later stage.

The reservation may be delivered to the requesting State if it is not recognized for death, escape or any other reason.

Article 59

Each Contracting State agrees to the passage of a person to be extradited from another State through its territory upon request and that the application must be in favour of the documents necessary to establish that it is a crime that may lead to extradition in accordance with the provisions of this Convention. In the case of using air routes to transport the person to be delivered, follow the following rules:

a. If the aircraft is not scheduled to land, the requesting Party shall inform the other party whose space the aircraft will express the existence of the documents provided for in article (49) of this Convention and in the case of an emergency landing by the requesting Party in accordance with the provisions of the second paragraph of Article 55 and Article 56 From this Convention, the person who is to be extradited is requested to be arrested pending a request for passage in accordance with the conditions set forth in the first paragraph of this article to the State that landed the aircraft in its territory.

b. If the aircraft is scheduled to land, the requesting party must submit a request for traffic and in the event that the requested State is to consent to the traffic, which is required to be delivered, such traffic shall take place only after the agreement of the requesting party and that State on it.

Article 60

The requested Party shall bear all the expenses of the extradition proceedings in its territory, and the requesting party shall bear the expenses of the passage of the person outside the country of the requested party.
The requesting party shall bear all the expenses of the return of the Muslim person to the place at the time of extradition if he or she has been found not to be responsible or acquitted.

Section VI

Transfer of convicts with negative penalties for freedom

Section I

General provisions

Article 61

The Contracting Parties shall undertake to exchange the transfer of sentenced persons for the purpose of implementing the penal (criminal) provisions of the courts of one of the two countries against a national of the other country in accordance with the rules and conditions set out in this section.

Article 62

In applying the provisions of this section, the following shall mean the following terms:

Country of conviction: the country where the person was convicted and requested to be transferred.

Country of implementation: The country to which the sentenced is transferred to complete the execution of the sentence imposed upon it.

Sentenced: Every person is deprived of liberty in execution of a judgement handed down by the courts of one of the two countries unless another charge has been charged in a crime for which no judgement has been rendered.

Article 63

The transfer request shall be submitted by the country of conviction or by the country of implementation, and to the transferor, legal representative, spouse or relatives up to the third degree to submit a request for transfer to the country of implementation.

Article 64

The transfer request takes into account the following conditions:

1. A convicted person shall have the nationality of the country of implementation when the application is submitted.

2. The crime against which the conviction is sentenced shall be punishable under the law of the implementing country with a negative penalty of freedom.

3. To be guilty and enforceable.

4. The judgement of conviction shall not be based on the fact that the criminal (criminal) case has expired in the country of implementation or has been rendered by a judgement which has been implemented in the country of implementation or the penalty has been statute-barred.

5. A conviction shall not be made for a drug offence or for offences of breach of military duties, political offences or other offences that would prejudice the sovereignty, security or public order of either country.

6. The remaining period of free amnesty shall not be less than one year when the transfer request is submitted, and the two countries may agree to transfer when the remainder of the penalty to be executed is less than that.

7. Sentenced to transfer, and in the event that he is unable to express his or her will, the consent of his or her legal representative or his or her spouse is issued to the third degree, and the will is expressed in accordance with the law of the country of conviction.

Article 65

A country of conviction may reject a transfer request in the following cases:

1. If the acts against which the conviction is issued are subject to criminal (criminal) proceedings initiated by the judicial bodies in the country of implementation.

2. If the convicted person does not pay fines, compensation and any other mandatory performance under the conviction.

3. If the convicted person has the nationality of a country of conviction at the time of the act of the conviction.

Article 66

A country of conviction shall notify the writing of each sentence that carries out its negative sentence of freedom from the citizens of the country of implementation to the substantive provisions of this Convention and to each decision of the two countries on the transfer request.

Article 67

The country of conviction allows the country of implementation to be verified by one of its representatives from the real will of the transferor on the transfer.

Article 68

The competent authority in either country shall consider the transfer request, meet its requirements and issue a decision whether to accept or reject it as soon as possible, and notify the student and his country of the decision.

The transfer of the sentenced is carried out in the event of approval to be transferred as soon as possible.

Section II

Actions

Article 69

The transfer request and related replies are submitted in writing by the Ministry of Justice of either country directly, and must include the following:

a. Accural information on the personality, nationality, place of residence and place of residence of the sentenced person.

b. Adequate statement of the sentence of conviction against sentenced persons.

c. Approval by the sentenced or the legal representative of his or her consent to the transfer and its knowledge of the consequences thereof.

Article 70

The application submitted by the conviction country shall be accompanied by the following documents:

a. An official photograph of the guilty verdict, which is accompanied by a Pat and enforceable duty.

b. A copy of the legislation on which the conviction was based.

v. Statement of the executed penalty, how to implement it, the length of time spent in pretrial detention and all relevant information relating to implementation.

Article 71

The application submitted by the implementing country shall be accompanied by the following documents:

a. A certificate stating that the sentenced persons shall have their nationality at the time of submission of the application.

b. A copy of the legislation which states that the acts on which the conviction was issued constitute a penal offence in the country of implementation and the penalties prescribed.

v. Statement on the implementation of the conviction sentence.

Article 72

The other country is required to request from the other country the supplementary information necessary to respond to the request, and may indicate a time limit for providing such information to be requested by the request, and in the case of non-submission of supplementary information, the requested country will issue its decision on the request on the basis of the request. Information and documents made available to it.

Article 73

Papers and documents submitted pursuant to the provisions of this Convention shall be exempted from any formalities required by the legislation of either country and shall be stamped with the ring of the competent authority.

Article 74

Decisions regarding the implementation of the provisions of this section shall be issued by the Minister of Justice of the Syrian Arab Republic and by the Minister of Justice of the Arab Republic of Egypt, or by the competent authority in accordance with the provisions of the domestic legislation of the two countries.

Article 75

All requests and correspondence related to the implementation of the provisions of this section shall be addressed to the Ministry of Justice of the Syrian Arab Republic and to the Ministry of Justice of the Arab Republic of Egypt.

Section III

Provision implemented

Article 76

The competent authority in the country of execution upon completion of the transfer of sentenced persons shall complete the execution of the sentence imposed on it directly, in respect of the duration of the sentence to be carried out, on the grounds that the term of custody (arrest) of the convicted person in the offence for which the sentence was issued shall be deducted. Conviction, and otherwise subject to the conditions, rules and regulations of the implementing country.

The execution of a conviction in the country of implementation shall not have the effect of misserving the status of sentenced persons.

Article 77

The sentence of the conviction country has the same legal effects as those of the enforcement country in the penalty articles, and the country of implementation may not take any action from the investigation or prosecution of the crime for which the conviction was convicted and the transfer was carried out solely because of The exception of the penal legislation in the country of implementation.

Article 78

The country of implementation shall notify the country of conviction in relation to the execution of the penalty in the following cases:

a. Completion of execution.

b. If the country of conviction requests a report of any order relating to the execution of the sentence.

(c) The escape of the sentence before completing the execution of the sentence.

Article 79

The conviction country has the right to complete the implementation of the remaining part of the penalty in the event of the escape of the sentenced in the country of implementation and cannot be seized in its territory.

Article 80

The country of conviction alone is competent to adjudicate any request for a review of the conviction.

Article 81

The convict benefits from a general (blanket) pardon issued in the country of conviction or execution, and the right to pardon is limited to the competent authority of the country of conviction.

The country of the amnesty shall notify the other country of its image, and the country of conviction shall notify the country of implementation when a law has been issued in which it would make the act of conviction already permissible.

Article 82

The availability of any of the reasons referred to in the preceding article shall have the effect of suspending the execution of a conviction.

Article 83

The implementing country shall bear the expenses arising from the completion of the transfer except for the expenses incurred in the country of conviction.

Article 84

The rules established in this Convention shall apply to the implementation of sentences handed down before or after work.

Section VII

Liquidation of legacies

Article 85

Diplomatic or consular missions or those represented by law in matters of inheritance and disputes and without special powers shall be entitled to represent their nationals who are not present in the territory of the other party to the courts and other subordinate bodies to this party.

Article 86

If a citizen of the two contracting parties dies in the territory of the other, the competent authority shall notify the competent authority directly to the diplomatic or consular mission of the Party and shall transmit to it all information available to it relating to the presumed heirs. (their address or place of residence, the place of opening of the estate, which is the place of death of the gene, the vocabulary of the estate, and whether there is a will) and the other party is informed that the deceased had left money in another state if she had knowledge of it.

Article 87

When one of the bodies in the State where the estate was opened during the case of the legacy that the heir is a national of the other party, the author has to inform the diplomatic or consular mission of the author of the mission.

Immediately after knowledge of death, the diplomatic or consular mission is committed to informing the competent body of the subjects of inheritance in the State where the estate was opened in order to protect the estate.

Article 88

If the estate of one of the contractors of the contractors is located in the territory of the other party, the competent authority on the issue of legacies shall, upon request or on its own initiative, take all necessary measures to protect and manage the estate in accordance with the domestic legislation of the place of departure of the estate.

Article 89

In the event of the death of a citizen of the two contracting parties during a temporary stay on the other side of the territory, the latter shall submit all documents, funds and objects that were in the possession of the deceased to the diplomatic or consular mission of the party of which the citizen is considered to be a national, and this shall be done by virtue of Official document and without further action.

Article 90

If transferred funds are found in the territory of the parties, they shall be transferred to the competent authority or to the diplomatic or consular mission of the party to which the deceased belongs.

The Contracting Parties shall maintain prior to the transfer of funds transferred from the estate under the first paragraph in this article to claim taxes and due rights in cases of opening of the estate and inheritance under the laws and regulations in force by the two States.

Article 91

If the transferred funds for the soil or the value of the transferred and immovable property after sale will be transferred to heirs to a residence or accommodation in the territory of the other party, and the estate or value cannot be delivered directly to the heirs or their agents, it is handed over to the diplomatic mission or the consulate of the other party according to the following conditions:

a. All rights and taxes in case of inheritance have been paid or secured in accordance with the provisions of the law.

b. The competent authority has given the licence to transfer the money or the cash returned to the estate.

Article 92

The Contracting Parties shall recognize decisions issued by the competent judicial bodies or other competent authorities on the issues of inheritance and inheritance to the other party and shall be carried out by the competent authorities of the other State in accordance with their domestic legislation and shall not interfere with the texts of the public order of the State. Implementation required.

(Part VIII)

Final provisions

Article 93

The application of the provisions of this Convention relating to the implementation of judicial decisions, judicial interests, arbitral awards and formal contracts must not prejudice the legal provisions of the contractual parties involved in the transfer of cash and the transfer of funds due to implementation.

Article 94

All difficulties that may be made when applying this agreement are decided by agreement between the Ministries of Justice of the two States.

Article 95

This Convention is in force for an indefinite period, but both States may declare their wish to terminate by means of a written notification to the other State on the diplomatic route, under which an end to the Convention shall be established one year after the date of receipt of the notification.

Article 96

This Convention shall be ratified in accordance with the constitutional rules in force in both Contracting States.

Instruments of ratification are exchanged as soon as possible.

30 days after the exchange of instruments of ratification, this Convention shall enter into force.

In substantiation of the foregoing, the parties authorized to do so have signed the Convention in accordance with the law.

Done in Cairo on 26/4, 1998, in two Arab languages, they have the same power of proof.

for the Syrian Arab Republic

Minister of Justice

Hussein Hassoun

for the Arab Republic of Egypt

Minister of Justice

Counsellor/Farouk Saif Al-Nasr












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Statement of the People's Assembly on the seventieth anniversary of independence

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