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

Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=5842&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

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, President of the Republic based on the Constitution and approved by the NPC at its meeting on 6/3/1419 and 30 June 1998 issue: article 1-believe judicial Convention between the Syrian Arabic Republic Egypt Arabic Republic on judicial cooperation in civil, commercial and criminal matters (criminal) and personal status, extradition and transfer of sentenced persons And inheritance, signed at Cairo on 26/4/1998 and annexed to this Act.

Article 2 this law shall be published in the Official Gazette.

Damascus in 11/4/1419 e 4/8/1998 of the President of the Republic



Judicial cooperation agreement, Hafez Assad, in civil, commercial and criminal matters (criminal) and personal status, extradition and transfer of sentenced persons and estates between Syrian Arabic Republic Egypt Arabic (first door) to exchange information and promote visits article (1) a-share the ministries of Justice and the judicial authorities in the (two) publications and research contractors and law journals, laws and legislation in force, which groups provisions and jurisprudence, as the exchange of information relating to judicial organizations and methods of doing business. B the Parties shall coordinate legislative and judicial texts between them and work to unite them as circumstances dictate. C-request information and respond to it by the Ministry of Justice at the request of the Contracting Parties.

Article 2 the Contracting Parties shall encourage judicial delegations visit and share their experiences and judiciary training courses for workers in this field and encourage conferences and seminars in the field of Justice and fairness.

(Section II) judicial cooperation section 1 right of recourse to the courts and judicial relief (legal aid) article (3) the nationals of each other within the State right of recourse to the courts to defend their rights and interests protected under the same conditions and legal protection established for nationals.

And shall not be required when assuming that the right to provide any warranty or guarantee under any label for their being nationals of the other State or the absence of home or habitual residence on the territory of their State, and this principle applies to the required amounts of plaintiffs or parties involved to ensure the judicial expenses.

Article (4) the provisions of the preceding article shall apply to all legal persons established or licensed in accordance with the law in one State and where the headquarters is established and purpose not contrary to public order in this country.

And determine the justiciability of such legal persons according to the legislation of the Contracting State in which the headquarters is located.

 

Article 5 the Contracting Parties undertake mutual judicial cooperation between their respective judicial authorities in civil, commercial and criminal matters (criminal) and personal status, extradition and transfer of sentenced persons and estates, including measures faltering before the courts in accordance with the provisions contained in this agreement.

Article (6) for nationals of both countries the right to judicial relief (legal aid) on the same terms as nationals of the other State.

Article (7) requests for exemption (legal aid) enclosing supporting documents directly to the competent authority of the requested State, or to the Ministry of Justice in each of those States, or diplomatic or consular road if a student resides on the territory of a third State, the requested Party may request any statement or supplementary documents to meet the requirements of the application.

Article (8) does not charge any fees or expenses the competent body sending requests for exemption (legal aid) or received or pending, verified and adjudicate such requests expeditiously.

Article (9) receive Justice Department in each of the Contracting States in respect of requests for cooperation in this agreement are conducted directly among themselves.

The Justice Department identifies in each State where the central authority which shall in particular: (a) receive requests for judicial assistance and in accordance with the provisions of this section if the student is residing in the territory of the requested State.

(B) to receive letters rogatory issued by a judicial authority and sent to the central authority of the other State and sent to the competent authority as required by the speed of implementation.

(C) receive requests for advertising and communication sent to the central authority of the other State;

(D) receive applications concerning the implementation of the provisions of the alimony, child custody and the right vision and track these requests.

3. exempt applications and documents submitted in accordance with the provisions of this Convention from any endorsement or any similar procedure, the document must be signed by the competent authority issued and signed by her ring, comes in sets to be certified by the competent authority and whether they conform to the original.

Section II Declaration and communication of documents and judicial papers article (10) send requests for advertisement or communication of documents and papers of the judicial and other proceedings in civil, commercial and criminal matters (criminal) and personal status of the competent central authority and specified in the preceding article in the requesting State to the central authority in the requested State of the implementation of the Declaration or report.

And the implementation of the Declaration or report according to the procedures established in the legislation of the requested State.

You should also send a copy of advertisements or notices concerning the opening of proceedings against legal persons home in either country to the Justice Department in the State where proceedings were opened.

Article (11) do not preclude the two preceding articles without each of them without compulsion to declare judicial editors directly to their nationals through diplomatic representatives or consular agents or from stead.

Article (12) may make a declaration or notification in accordance with the particular at the explicit request of the requesting authority, provided this does not conflict with the legislation of the requested State.

The Declaration or notification is in any of the Contracting States in accordance with the provisions of this Convention, like he had been in the other State.

Article (13)


Must include the required documents and judicial papers declared or communicated the following data:-the full name, nationality and address of the sender of the document (student report). B-the full name of each of their desired or convey their respective profession described and entitled, nationality, domicile and the name and surname and address of the representative where applicable. C-the document issued judicial or sheets and signature seal. D-type of document or paper. -The subject of the request and because each statement can be clarified, and in criminal cases (criminal) legal description of the offence and the name and surname, place and date of birth of the required notice and name and title of his parents.

Article (14) the requested State may not declare or report that refuses to perform only if implemented would prejudice its sovereignty, public order and, in the case of refusal to execute the requested to notify the applicant of this with the reasons for rejection.

Article (15) to send the requested judicial authority certificates on completing the function declaration or judicial papers delivered directly to the applicant by the competent central authority.

Article (16) no declaration or notification required state meet any fees.

 

 

The third section of letters and the attendance of witnesses and experts (article 17) for each judicial body should request the judicial body in the other State that the judicial proceedings relating to the claim in the list of civil, commercial or criminal case (criminal) or personal affairs.

And send letters rogatory in accordance with the form set out in article 9 of this Convention article (18) each of the Contracting States to implement immediately and without compulsion by the diplomatic or consular representative requests for nationals, especially where desired heard or examined by experts or submit documents or study.

In the event of a conflict of laws determines the nationality of the person sought in accordance with State legislation headset that demand is being implemented.

Article (19) rogatory includes the following data: a-side and if possible the requested authority, signed by the seal and signature of the applicant. B-all personal data and addresses of the parties and their representatives when appropriate. C-summary of the topic and the facts of the case. D-actions or proceedings to be completed. E-rogatory includes where appropriate:-the names and addresses of persons required to hear their words.

-Questions for ask them or facts to take their words.

-The documents or things to study and examination.

Article (20) the implementation of letters rogatory – urgently – by the requested judicial authority according to national legislation regarding the format to be followed and the means of redress may be taken, if required not competent acting refers to the competent authority.

And may be at the explicit request of the requesting judicial authority of the requested Party shall execute letters rogatory in accordance with its legislation and agrees in particular.

Article 21 the requisitioner enclosed note the time and place of execution of letters rogatory so interested parties or their representatives when appropriate.

Article (22) if the central authority of the requested State the subject of the request is outside the scope of the Convention, it must immediately notify the requesting Party of its objection to the application.

Article 23 implementation may be refused in the following cases: a if the implementation is not included in the jurisdiction of its judicial authorities and they do not have the right to transmit them to the competent authority of the State.

B-if implemented the sovereignty or security of the State, public order or other essential interests, or when it concerns a political offence when acting not implemented totally or partially enclosed the requesting authority immediately of the reasons for it.

Article (24) requiring persons required to hear testimony and hear their words due to the methods required to testify.

Article (25) the actions carried out by letters rogatory in accordance with the provisions of this Convention shall have the same legal effect as if it was in front of the competent authority of the other party.

Article (26) does not execute letters rogatory for the requested State to require any fees, and the person designated by the applicant with the necessary expenditure and expenditure performance which was highly valued by the requested Party.

Guaranteed liabilities may be reimbursement a written pledge attach vicarious jurisdiction on the basis of a rough statement prepared by the requested authority, attach a statement of expenses documents installed to execute letters rogatory.

Article (27) each witness or expert – regardless of nationality – declares in one of the Contracting States and attend voluntarily for that purpose before the judicial authorities of the requesting State, no disciplinary action against him or arrested or detained for acts or provisions prior to the entry into the country of the requesting State, the Declaration may not contain any threat of attendees take algebraic methods in case of non-compliance with the Declaration.

And wiped the immunity of witness or expert shortly after the expiration of fifteen days from the date of the judicial authorities in the requesting State laid its existence without exiting with no obstacle for reasons beyond his control, or if returned to her after she left.

The authority shall witness or expert said he notified in writing of such immunity before he testified for the first time.

Article (28) of the witness or expert referred to in the preceding article, the right to reimbursement of travel expenses, accommodation and missed wages of the requesting State, as the expert is entitled to claim for such services make the banner.

Advertising sheets show the amounts owed to the witness or expert, and may, at his request, the requesting State must pay in advance.

Article (29) the requested State is obliged to transfer jailed person that is declared in accordance with the provisions of this agreement to hear his testimony or his opinion before the judicial authorities of the requesting State as a witness or an expert, provided his consent beforehand, the requesting State is committed by keeping him locked up and return it as soon as the term or hit the requested State, taking into account the provisions of article 27 of the Convention.

The requested State may refuse to transfer jailed person referred to in this article in the following situations:


-If necessary quality in the requested State because of punitive measures being taken.

-If the transferred to the requesting State to prolong detention.

-If there are special considerations or insurmountable considerations prevent moved to country of the requesting State.

Section IV recognition of judicial decisions and formal contracts, judicial magistrates and implemented article (30) recognize all of the Contracting States of judgments of other State courts in civil, commercial and personal status possessing enforceable and implemented have according to the rules specified in this section and also recognize the judgments of the criminal courts (criminal) relating to damages, refunds, and applies to every sentence or decision, whatever you call it from one of the judicial authorities in the articles mentioned at the adversarial procedures in juvenile justice According to the legislation of the State or a State which judgement.

Article (31) the judicial and State decisions issued by the judicial authorities of one State is recognized in the other State if they meet the following conditions: 1. If the judgment or decision enforceable winning or unchallengeable in ordinary ways to challenge and enforceable under the law of the State where issued, however it recognizes the judgment and decision of personal materials pertaining to perform maintenance and visibility (visiting rights) when was enforceable in the State.

2. the judgment or decision issued by a competent judicial authority in accordance with the rules of jurisdiction established therein or issued by a judicial authority is competent in accordance with the provisions of this Convention.

3. the liabilities have been legally summoned and attending or represented or absent, according to the law of the State where the action was.

4. not contain provision contrary to public order or morals of the state its execution.

5. There is a dispute between the same opponents on the same subject and based on the same facts in the requested State recognition when was this dispute lifted her first or judgement of judicial authority in the requested State and where the conditions for its implementation, or a verdict issued in a third country where there are the conditions necessary for its recognition in the requested State had been passed before the judgement is required.

Article (32) the courts of the State which issued the required governance recognized competent according to this Convention: (a) if the defendant's domicile or habitual residence at the time of suit in this State.

(B) if the defendant in this State at the time of filing an institution or branch commercial or industrial nature or otherwise, and the case was set up for a dispute concerning the activity of this institution or branch.

(C) if the contract expressly agreed to this jurisdiction, or if the contractual obligation or executed dispute was wholly or partially enforceable in this State.

(D) If a non-contractual liability of the punishable act has occurred in this State.

(E) if proceedings concerning the dispute property object.

(F) if the defendant honestly state courts or taken home choice not related to this dispute or the subject defense was without questioning their competence.

(G) if the maintenance creditor's habitual residence or domicile on the territory of this State.

(H) in custody if the family residence or other place of residence is in this State.

When considering the territorial jurisdiction of the State Court judgement was delivered by the requested authority observe the facts relied upon by this Court in determining jurisdiction only if the judgment has been issued in absentia by State legislation.

 

Article (33) refused to recognize the ruling on the grounds that the judicial body which rendered have been applied to the facts of the case law is applicable under private international law rules of the requested State, unless it comes to the situation of persons or their eligibility however in such cases shall not refuse to recognize if the rules are arranged the same result.

Article (34) a discount in case of judgement held to submit to the competent authority: (a) image of rule meets the conditions necessary for the TCCs.

(B) origin of the paper proclamation or mirror image of assets, its issuing certified or any other editor is certified according to the Declaration.

(C) a certificate from the competent authority to judge not be subject to appeal and that executable.

(D) a copy of the paper invite absentee discount to attend accredited by the competent authority if necessary.

(E) a certificate from the competent authority according to the personal issues that executable for other issues that unchallengeable in and executable.

Article (35) recognized provisions do not create the right to take any executive action cannot be forced for any measure taken by a public authority as a constraint in the public records only after it, however, in personal and material possession of the enforceable in civil status records pointing if appended to Executive version if not contrary to the law of the State where these records.

Duration (36) the jurisprudence of judicial authority in one State recognized in the other State in accordance with this agreement enforceable in the requested State in accordance with the implementation procedures established in the legislation.

The requested judicial authority shall verify that the implementation of governance in this section without exposure to governance, which may be partly so riveted on an incision or another judge Stickler (before implementation called it).

Article (37) be documented in official contracts, the assets and judicial magistrates in either State enforceable in the other State under the same conditions required to implement the judicial provisions in this legislation allows border State.

 

(Section III) arbitration agreements and provisions of arbitrators first section of arbitration agreements (article 38) recognize each according to its legislation written agreements by Contracting Parties of their nationals and the obligation to be resolved by arbitration all or certain disputes or are on certain legal or contractual relationship.


Agreements listed in refers to the previous paragraph every arbitration agreement or an arbitration clause to be signed by the parties or contained in an exchange of letters or telegrams or other means of communication which prove the existence of the agreement and the other party or in the record of the same editor selected arbitrators or in case notes and minutes of meetings where one party and not denied by the agreement of the other party, and considered the reference in a contract agreement contains an arbitration clause serves as an arbitration agreement if The contract was still typing.

Article (39) of the parties to an arbitration agreement agree on: (a) that the arbitrators are nationals of either State or nationals of another State.

(B) the appointment of an arbitrator by each party and the appointment of the third arbitrator by them, or the arbitrators appoint the third arbitrator, the third arbitrator appointed when calling upon application to the competent court in the State where the dispute before.

2. the Parties shall: (a) the designation of the place of arbitration.

(B) determine the rules and procedures to be followed and applied by the arbitrator or arbitrators with respect for public order and morals of the State where the arbitration agreement.

Article (40) If a court in one State a dispute subject to arbitration agreement according to previous texts from this section, it shall refer the dispute to arbitration at the request of one of the parties, it appears that the arbitration agreement void or unenforceable or is no longer valid.

Section II recognition of arbitrators and implemented article (41) recognize each tightly in the other State arbitrators and be valid for implementation and implemented over its territory in accordance with the provisions of this Convention and in accordance with the Convention on the recognition and enforcement of foreign arbitral awards, signed at New York on 10 June 1958 and student body have to provide certified copy of judgment to be performed accompanied by a certificate issued by the competent judicial authority stating the validity of the judgment. Executive version is from one of the two window in the other State.

Article (42) shall not reject any of the two countries implement the umpire of the other State or to examine its subject only in the following cases: a if the code required to implement the judgment do not permit the dispute through arbitration. B-If the umpire is contrary to public order or morals in the country which required implementation. C-If the umpire is valid for implementation according to the law of the State formulating it.

(Iv) Exchange newspapers criminal (retributive) article (43) share the ministries of Justice in each of the two data on criminal provisions (Penal) award enforceable and issued against citizens of another State.

Article (44) if public proceedings in one of the two principal side case may get through the Ministry of Justice on the criminal record (criminal) for the requested person claim (accusation).

Section v extradition article (45) extradition between the Contracting States in accordance with the provisions of this section.

Article (46) have recognized a duty to persons in the territory of one of the Contracting States and addressees charge (allegation) or sentenced by the judicial authorities in the other State if the following conditions: (a) the offense for which extradition is sought was committed in the territory of the requesting State or have been committed outside the territory of any of the two countries and their respective laws punish with Act if committed outside its territory. (B) the offence is punishable by imprisonment for at least one year or by a more severe penalty in the laws of both Contracting Parties or to be sought is sentenced to imprisonment for at least six months.

If an act punishable in the requested State recognized laws or punishment for crime in the requesting State never existed in the laws of the requested State, extradition is not recognized as a duty only if the person sought is a national of the requesting State or nationals of another State decides the punishment itself.

Article (47) shall not be in any of the following conditions: firstly, if the crime in the requested State considered a political offence connected with a political offence or in application of the provisions of this Convention are not considered political crimes following crimes: crimes against a head of one of the Contracting States or the spouse or ascendants or infringing on his Vice President as well.

B-murder, theft accompanied by coercion against individuals or colonial offences against public funds or on transportation and communications.

Second: If the person sought is a national of the requested State recognition.

Reliable in identifying the nationality of the person sought by the time of the offence for which extradition is requested, in which case the State is required to extradite this person's trial at the request of the other State, with what may be conducted by the requesting State investigations.

Third: If the person whose extradition is requested has already been tried for the crime for which extradition and acquitted or convicted and satisfies the sentence.

IV: If the offence or the penalty has expired or fell under the law of any of the Contracting States or the laws of the State where the offence occurred.

V If the person sought is under investigation or prosecution in the requested State recognition for the same offence for which extradition is requested.

Article (48) if the person sought is under investigation or prosecution in the requested State for an offence other than extradition sought for her it postpone consideration of extradition until his trial and sentence is carried out.

Article (49) submit an extradition request, written and directed by the Ministry of Justice and its accompanying data and documents: a detailed statement of the identity of the person sought and the description and photograph if possible. B-warrant (arrest warrant or placement) or any other document having the same force issued by the competent authorities if the person sought is under investigation. C date and place of the acts for which extradition is sought as legal and applicable legal texts with a certified copy of the statement of authority to investigate the evidence against the person sought.


D-official pictures of the judgement against the person sought if the sentenced person (notified) or in absentia.

Article (50) competent authorities the extradition request in the Contracting States in accordance with the law in force at the time of application.

Article (51) so many extradition requests from one crime, priority delivery to a State in which the crime is committed on its territory, then state that crime harmed its interests and then to the State of nationality of the person sought.

If the United State's preferred conditions PW extradition request if the extradition requests for multiple crimes, including weighting depending on the circumstances and seriousness of the crime.

Article (52) to the requesting State based on warrant (arrest warrant or placement) to order the arrest of the person sought pending extradition request arrives and the documents described in article forty-ninth and to the competent authority of the requested State recognition if you receive these documents within 30 days of the arrest request to order the release of the person sought and the decision does not prevent release without his arrest again if the request for extradition meets the above statement documentation.

If the requested State recognized it needed supplementary explanations to verify the conditions set forth in this agreement the requesting State informed the diplomatic route before the request is denied, the requested State delivery appointment for these clarifications. In all cases the arrest is in accordance with the laws of the requested State recognition.

Article (53) the requested State shall notify the requesting State recognized the decision on the extradition request and notification by the ministries of Justice in both countries, and must be a reasoned refusal decision, in the case of acceptance of the request for extradition the requesting State informed of note of the date and place of delivery.

Article (54) the requesting State may apply to receive the person sought within thirty days from the date of notice of them, but the State was required to deliver the right release in this case shall extradition request again for the same crime.

Article (55) the person sought shall be tried in the requesting State and not only punishment carried out the crime for which the extradition request or associated offences, that if he had had the means of exit from the territory of the State which handed her and benefit during the next 30 days for the final release or if he has left the territory of the State during that period and then came back to him again voluntarily, valid trial for other crimes.

They may also not Muslim state the person is handed over to a third State only with the consent of the State which handed him however, extradition to a third country if he had stayed in the territory of the State or returned Muslim selected in accordance with the provisions set forth in the preceding paragraph of this article.

Article (56) If during the proceedings and after the surrender of the person sought change in the description of the crime imputed to him cannot be traced and prosecuted only if the crime as described by new allowing for delivery in accordance with the provisions of this Convention.

Article (57) deduct preventive detention (arrest) of any penalty in the requesting State upon the person sought.

Article (58) without prejudice to the provisions of the laws in force in the requested State and the rights of bona fide third parties, the reservation of all found things related to organized crime while adjusting the extradition or custody (arrest) or at any later stage.

Delivery may be booked to the requesting State and if the cause of death has not been recognized or escape or any other reason.

Article (59) each of the Contracting States over the person to be extradited to either from another country through its territory at the request of the addressee and the request must be supported by the necessary documentation to prove that a crime could lead to delivery according to the provisions of this Convention. In the case of air routes to move the person to be extradited following following rules: a if the scheduled landing of the requesting Party shall notify the other party that will cross the plane his spaceship the existence of documents stipulated in article (49) of this Convention in the case of landing the requesting party may, in accordance with the provisions of the second paragraph of article 55 article 56 of this Convention request the arrest decision pending extradition request traffic in accordance with the conditions laid down in the first paragraph of this article To state that the plane landed on its territory.

B-If the plane landed the requesting party must submit a request to pass if the requested State approval of traffic demands are delivered is not this passage only after the requesting party agreement and that State.

Article (60) the requested Party shall bear all expenses of delivery mechanism extradition procedures in their territory, the requesting Party shall bear the expenses over a person outside the country party delivery mechanism is required.

The requesting Party shall bear all expenses of the person's return to the place he was in at the time he handed over if not his responsibility or innocence.

Title vi transfer of sentenced of deprivation of liberty section one General provisions article (61) the Contracting Parties undertake to exchange the transfer of sentenced persons for the purpose of enforcement of penal judgements (criminal) issued from the courts of one country against a national of the other country in accordance with the rules and conditions set out in this section.

Article (62) in the application of the provisions of this section the following terms mean: country of conviction: the country in which the person was convicted and to move him.

Country: the country that convey sentenced to complete the prescribed penalty.

Convict: every person deprived of liberty pursuant to a judgment of conviction of one of the two courts unless it has been another accusation in a crime in which judgement has been issued.

Article (63) provides for transfers from one country or from the country, and the defendant or his legal representative or his or her spouse or relatives up to the third degree may apply to transfer to the country of operation.

Article (64) in a transfer request the following conditions: 1. that the defendant possesses the nationality of a country upon request.


2. to be issued by the crime of conviction is punishable by the law of the country of execution of the penalty of deprivation of liberty.

3. to be enforceable and conviction.

4. don't be a guilty verdict based on the facts of the criminal prosecution had elapsed (criminal) in the country of operation or gave the judgement was implemented in the country of operation or landed a penalty.

5. a guilty verdict issued on drug crimes or offences of breach of military duties or political offences or other offences that would undermine the sovereignty of either country, security or public order.

6. the minimum remaining term of deprivation of liberty Amnesty due for implementation about when applying for transport, the two may agree on the carriage when the remainder of the punishment due for implementation.

7. to approve the sentenced to transportation, at not being able to express their approval of his legal representative or a wife or one of his relatives up to the third degree, and express the will according to the law of the country.

Article (65) the country conviction refused a transfer request in the following cases: 1. If the acts that gave the guilty verdict for punitive measures (criminal) initiated by the judicial authorities in the country of operation.

2. If you don't pay the fines and reparations and sentenced any other plaintiffs were due under conviction.

3. If the sentenced person possessing the nationality of a country at the time of committing the Act of condemnation about the conviction.

Article (66) crossed the country conviction each doomed performs his sentence involving deprivation of liberty of the citizens of the country of execution core provisions of this Convention and every decision either on the transfer request.

Article (67) allows a country guilty of country implementation verification by one of his representatives of the true will of convict transportation.

Article (68) are competent in any of the two countries to discuss a transfer request and meets requirements and make a decision on acceptance or rejection as soon as possible, notify the student and his resolution.

Convict transport are being implemented in the case of consent to move as soon as possible.

Section II procedures article (69) submit a transfer request and the responses thereto in writing by the Ministry of Justice in any of the two countries directly, and must include the following: a-accurate information about the personality of the convict, nationality, residence and domicile. B-full statement about the verdict against the defendant. C-confirmation by the defendant or his legal representative consent to transfer and learning implications.

Article (70) a request from a country of conviction is accompanied by the following documents: a copy of the judgement of conviction enclosing indication emergence as prohibited and enforceable.

B-copy of texts of legislation underlying conviction.

-Statement of the implementation of the sentence and how to implement them and time served in custody and sentenced all important information related to implementation.

Article (71) the submission of country implementation is accompanied by the following documents: (a) a certificate stating that the defendant enjoys her nationality at the time of application.

B a copy of the texts of legislation stating that the acts for which judgement conviction would constitute a criminal offence in the country of operation and penalties.

C a statement of how the conviction subject request.

Article (72) for either country to request other supplementary information necessary to answer the request, and sets the time limit for providing such information could be prolonged on request reasoned, in the absence of supplementary information requested country renders its decision on the request based on the information and documents made available to him.

Article (73) exempt papers and documents submitted pursuant to the provisions of this Convention from any formalities required under the legislation of either country, and be sealed with the seal of the competent authority.

Article (74) decisions relating to the implementation of the provisions of this section of the Syrian Arabic Republic Minister of Justice and Minister of Justice of Egypt Arabic, or by the competent authority in accordance with the provisions of the domestic legislation of each country.

Article (75) directs all requests and correspondence relating to the implementation of the provisions of this section to the Justice Department in the Syrian Arabic Republic and the Ministry of Justice of the Republic of Egypt Arabic.

 

Section three sentence article (76) the competent authority of the country of operation upon completion of the transfer of the sentenced person to complete the sentence directly while the rest of the sentence to be executed, to deduct preventive detention (arrest) stint convict in which crime conviction, otherwise implementation is subject to the conditions and rules and regulations of the country of operation.

May not involve implementation of a guilty verdict in the country of operation possibly convict status.

Article (77) the sentence in the country of conviction the same legal implications for judgements in penal material implementation country, a country may not execute any action or investigation against his conviction issued by crime and caused transport except those exempted by the penal legislation in the country of operation.

Article (78) country country risk execution conviction regarding the execution of the sentence in the following cases: a complete sentence. B-If the country requested the conviction to provide a report on any matter concerning the sentence. C-convict escape before completing their sentences.

Article (79) the country of conviction right to complete the remaining part of the punishment in the case sentenced flight in the country of operation and cannot be adjusted in its territory.

Article (80) specialized country conviction alone chapter in any request for reconsideration of the verdict of guilty.

Article (81) is benefiting from the Amnesty convicted (mass) of a country of conviction or execution, only the right to issue pardons to the competent authority of the country of conviction.

The country which issued the pardon to notify the other country with a picture of him, as a country risk condemnation upon which the Act would make the Act about the conviction actually permissible.

Article (82) provides any reason referred to in the preceding article suspension verdict.

Article (83) country of operation expenses arising from the transfer except for expenses incurred in the country of conviction.

Article (84)


Apply the rules laid down in this Convention on the execution of sentences issued before or after work.

Chapter VII inheritance article (85) entitled to diplomatic or consular missions or legally represented in cases of inheritance and their disputes without a special power of attorney representation of non-citizens residing in the territory of the other party before the courts and other affiliates to this party.

Article (86) If a national of the Contracting Parties in the territory of the other party, the competent authority shall be notified directly by diplomatic or consular mission for the party, and transferred all the information at its disposal concerning the presumed heirs. (Their address or place of residence and place of opening of the testator's death, the legacy of a place and the vocabulary of the estate and whether there is a will) and notify the other party that the deceased had left money in another country if she had known this.

Article (87) when one of the State bodies prove opened the estate during the heritage issue that the heir is a national of the other party, upon news of its diplomatic or consular mission.

Diplomatic or consular mission is committed upon learning of death informs the competent authority in the State heritage topics you opened the estate to protect the estate.

Article (88) if he left a national Contracting Parties present in the territory of the other party, to the competent authority the subject of succession upon request or take their own action to protect and manage the estate according to the domestic legislation of the place open estate.

 

 

Article (89) in the event of the death of nationals of Contracting Parties during temporary residence on the territory of the other party, the latter handing over all the documents and money and all things that were in the possession of the deceased to the party's diplomatic or consular mission which is the citizen of his subjects, this is done under official document without any further action.

Article (90) if movable to the estate in the territory of the parties to the competent authority or to a diplomatic or consular mission of the party to which it belongs.

The contracting parties maintained before handing over the funds transferred from the estate under the first paragraph of this article to claim taxes and rights in cases of open estate and inheritance under the laws and regulations in force in the two countries.

Article (91) if movables belonging to the estate or the value of movable and immovable property of the estate after selling to heirs of domicile or residence in the territory of the other party, and he cannot deliver the estate or value directly to heirs or their agents, they delivered to the diplomatic or consular mission of the other party in accordance with the following conditions:-that all rights and taxes in case of inheritance have paid or secured in accordance with the provisions of the law.

B-that the competent authority has given permission to transfer money or banknotes belonging to the estate.

Article (92) the Contracting Parties recognize the decisions of the competent judicial authorities or other competent authorities of inheritance and inheritance issues other party and carried out by the competent authorities of the other State in accordance with its internal legislation and without prejudice to the provisions of public order of the requested State the execution.

(Section VIII) final provisions article (93) to apply the provisions of this Agreement relating to the implementation of judicial decisions and judicial and arbitral rulings reconciliations and formal contracts must not prejudice the legal provisions of the Contracting Parties regarding the money transfer and money transfer occurring outcome implementation.

Article (94) are all the difficulties in the application of this Convention may by agreement between the ministries of Justice of the two countries.

Article (95) this agreement is valid for an indefinite period, but each State can declare their desire to quit work under the written notification to the other State of the diplomatic route by which put an end to the agreement after one year from the date of receipt of the notification.

Article (96) approved this agreement in accordance with the constitutional rules applicable in each of the Contracting States.

The instruments of ratification are exchanged as soon as possible.

Enter into force thirty days after the exchange of the ratification documents.

In witness whereof the parties have signed their authorized according to the law.

Unchain in Cairo on April 26, 1998, in two originals in the Arabic language, have the same force of proof.

 

Syrian Arabic Republic Justice Minister Hussein hassun Arabic Republic of Egypt Chancellor/Minister of Justice Farouk Seif Al Nasr