Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4558.html
Law No. 4558 Date of Admission: 04/04/2000
ARTICLE 1 - 6 May 1996, signed in Ankara "Between the Republic of Turkey and the Republic of Tajikistan Civil, Commercial and Criminal Matters Mutual Legal Assistance Agreement" has been used in the validation of. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers.
REPUBLIC OF TURKEY
BETWEEN THE REPUBLIC OF TAJIKISTAN
Legal, commercial and criminal matters in
Agreement on Judicial Assistance to the Republic of Turkey
to strengthen the bonds of friendship between the two countries and the legal, commercial and criminal extradition and convicts people of mutual legal assistance sovereignty in matters transport, the national independence, equality of rights and edit based on the principle of nonintervention in the internal affairs desire
Civil, Commercial and Criminal Subject in a Judicial Assistance Agreement concluded between the parties have decided to stay for this purpose and have agreed upon the following matters:
1. Nationals of one Contracting Party, the other party of the country, the protection of property and interests of judicial and legal issues have the same rights as the citizens of that State.
2. Nationals of one Contracting Party, the other Contracting Party in the territory, the rights and interests of the monitoring and protection of the legal, commercial and criminal matters in the competent courts and other competent authorities shall have the unrestricted right of recourse to the same rules and formalities that apply to citizens of the Contracting Parties. 3. The center of one of the Contracting Parties and the Parties to the legislation properly established corporations can benefit from the provisions of this Agreement, as applicable.
The present authorities of the Contracting Parties for the purpose of implementation of the Agreement shall communicate to each other through diplomatic channels.
Ministry of Justice of the Contracting Parties shall, upon request, currently or previously in force in the country of the Contracting Parties shall provide information law and judicial practice against each other on issues related to the legal issues that were the subject of this Agreement.
Legal assistance in civil and commercial matters Article 4
1. The competent authorities of the Contracting Parties undertake to provide mutual judicial assistance in civil and commercial matters.
2. Mutual Legal Assistance, in particular, submission of documents, expert review, the parties, like the rest of the witnesses and experts includes the execution of the procedure müteda decision.
1. Mutual Legal Assistance request includes the following.
a) the requesting and requested the name of the authority;
b) The judicial assistance requested subject of the event;
c) The names and surnames of the parties, permanent or temporary residence, nationality and occupation;
d) the name of the parties and their representatives, surname and address;
e) the subject of the request and the information necessary for enforcement. 2. Mutual Legal Assistance request and the documents attached to it, must be signed and must bear an official seal.
1. The requested authority shall, during the execution of a request for judicial assistance, to implement the provisions of the law in force in its State. However, the requesting authority's request, provided that the other Contracting Party may apply the procedural provisions are not contrary to the law of the Contracting Party made the request the requested authority.
2. The requested authority not competent to fulfill the request for judicial assistance, this claim transmit to the competent authorities and inform the authorities in that request. 3. After the execution of a request for judicial assistance by the requested authority notifies the reasons for the failure to execute instead getirilemeyiş or request the requesting authority to transmit the file.
1. Requested been written on the side of the tongue or notifications if they are having a translation has been certified for compliance with the language of that Party, in his State claimed by authorities are fulfilled in accordance with the provisions governing this issue. Otherwise, the requested authority, but it can if the addressee has agreed to take notice of the addressee.
2. Notification request must indicate the exact address of the addressee and the documents to be served.
3. Without any notification address to the documents specified in the request notification, the requested authority interlocutor useful measures to determine the exact address if the impossibility of determining the alacaktır.b address, the requested authority shall inform the authorities of the requesting and documents will notification shall return to this position.
According to the notification of the requested Party's laws were to be issued. Notification received notification shall contain the date and place.
Requested Contracting Party will bear all costs incurred due to mutual legal assistance in its own territory and will not require the payment of these charges. Article 10
the fulfillment of the request for legal assistance, the requested Party has sovereignty, may be refused if the harm to the security or public order.
1. This Agreement, Article 7 of paragraph 1 and except as provided in Article 13, judicial assistance request, and it attached documents requested made in Party language or French or English approved one must also contain translated.
2. Approval of the translation, the requesting authority, a certified translator, made a notary or by diplomatic or consular agents of the Contracting Parties.
3. execution of requests for judicial assistance made in the language of the requested Party.
1. No matter what the nationality, an invitation on their own wish the witness or expert before a judicial authority of the other Contracting Party, that Contracting Party in the territory of the requesting Party shall not be due to an offense committed before the entrance to the national prosecuting or before such can not be arrested procure when a decision due also punished.
Witness or expert, now the issue is not required presence of the body making the invitation from the date communicated to him that request within 15 days if it leaves the Contracting Parties of this immunity kaybeder.tanık or expert time could not leave the requesting Contracting Parties without its flaws, is outside the time scope.
These people are therefore not prosecuted or witness or expert tutuklanamaz cost.
2. requesting authority, the witnesses or the people invited in his capacity as an expert, requesting Party shall legislation on the conditions envisaged apartment and subsistence expenses will be paid and the matter will be a compensation payment for the expert informed edecektir.b person at the request of, mentioned to cover travel and subsistence expenses authorities paid an advance.
Contracting Parties of one court or other competent authority of the request, the other Party circumstances of şahsiye to müteda is by the citizens of the party making the request and other documents relating to the interests and personal affairs tercümesiz and will be sent free of charge. Article 14
1 have been issued by the competent authorities of the country of one Contracting Party, issued or approved or approval is not needed in their certified copy or copies of the documents bearing the official seal of the territory of the other Contracting. 2. official securities held territory of one Contracting Party shall have the same force with official proof of stocks held in other lands. SECTION 3
RESERVE FUND GUARANTEE from (Judicator Solver) AND
Exemption from legal costs
Nationals of one Contracting Party, not only from a foreign country or place of residence or domicile of the parties due to their non-guarantee fund of (Solver of Judicator) is not obliged to give.
1. Nationals of one Contracting Party, the other party before the courts of the Contracting Parties under the same conditions as the nationals and being exempted from judicial fees and expenses in vüsat and benefit from free legal Action in forma Pauperis.
2. The judicial assistance and judicial Action in forma Pauperis, including enforcement procedures shall apply to all transactions of the case.
3. Contracting fees in accordance with the legal provisions of one of the parties and the citizens who benefit from being exempt from charges in the same case on procedural actions in the territory of the other Party and therefore benefit from this exemption. Article 17
1. personal necessary to benefit from the provisions of Article 16, familial status and assets müteda document, claiming the territory of the Contracting Party in which the place of residence or domicile must be given by the competent authorities.
2. If requested by the Contracting Parties to the one or the other has no domicile or residence of a diplomatic mission or consular post of the document in question could give him.
3. judicial fees and judicial authorities to decide on the request for exemption from costs, following the procedure laid down in Article 2 of this Agreement may request complementary information from the authority which has issued this document.
one court of the Contracting Parties, a party in the territory of residence or domicile of the other Contracting Party if it detects a while to complete a particular procedural formalities, the period begins to run from the date of notification of the document is addressed.
in civil and commercial matters
RECOGNITION AND EXECUTION OF RESOLUTIONS
1. Each of the Contracting Parties, the following decisions have been granted in the territory of the other Contracting Party to recognize under the terms provided for in this Agreement and will executor:
a) Assets related to judicial decisions given in civil and commercial matters;
b) Loss of compensation awarded in criminal matters with regard to the issue judicial decisions;
c) courts in civil and commercial matters issued by referee decisions.
2. This Agreement after the entry into force given the nature of the final judicial decisions in civil and commercial matters with the tribunal decision, the decision is considered. Under paragraph 1 (a), but decisions regarding paragraph, the legal relations concerning them will be taken into account if they are born after the entry into force of this Agreement.
3. People müteda decision on the case will be recognized even if they have given prior to the entry into force of this Agreement.
Article 19 The decision referred to in Article if they meet the following requirements of the other Contracting Party shall be recognized country and is enforcement: a) The decision taken the decision that was confirmed by law in the territory of the Contracting Party and should be able to be exercised.
b) The authorities of the Contracting Parties Decision given country should be authorized according to the law of the country of execution requested by the Contracting Parties.
c) According to the laws of his country's decision given that the Contracting Parties, in accordance with the procedure by the losing side of the case should have been invited to the court.
d) The parties should be able to be represented by court procedure has not been deprived of the right to self-defense and should be invited in due form and pursue a case in court or to the impossibility of self-defense. e) Decision of the country of the Contracting Parties will be enforcement, in the framework of the same procedure and the same reasoning Parties should not have received a judicial or arbitral finalized earlier.
f) the same parties on the same cause accidents and organs of the Contracting Parties shall have the same issues as the lawsuits before.
g) According to the decision of the countries that are Contracting Parties recognize that or enforcement of the law, decisions will need to be applied in cases of that Party's law, but
ii) If this decision is applied or if the real way,
ii) Other Contracting Parties to the law to be applied is not essentially different from the law,
and it is known for enforcement.
h) Decision country recognition and enforcement should be the legal order of the Contracting Parties shall not be contrary to the fundamental principles of public order.
The tribunal decision, (f) except as provided in Article 20, except for paragraph, but would include the following conditions are the enforcement:
a) According to the law of the Contracting Party will be enforcement of the decision, a similar case can be handled by the arbitration;
b) The arbitration award given in a dispute related to the condition stipulated an arbitration agreement or an arbitration if the parties concerned;
c) the formation style of the Arbitration Tribunal, the parties in the arbitration agreement or related parties in compliance with the requirement or the State in which the arbitral award of the Act;
d) The Parties, has been informed as it should be referred to the appointment of the arbitrator or arbitrators;
The e) The arbitration award shall be finalized by the state.
1. Recognition or enforcement authority request, the provisions of Article 2 of this Agreement must be made in accordance with the decision of enforcement in the territory of the Contracting Party directly to the competent judicial authority.
2. The following information should be included on request:
a) copy of the decision or tactical fidelity of the copies and the decision itself, if not understood clearly, has a document confirming that the judgment having enforcement powers;
b) the party against whom the award is duly received by the court that the case be invited to be represented and that the impossibility valid way to proving to the court a document;
c) the above (a) and (b) clause in the language of the Contracting Parties will be carried out in the territory of the specified documents or decisions made in French or English certified translation.
1. judgments and decisions issued by other Contracting Parties is müteda instead to bring the procedure, the Contracting Parties shall apply the law of the country will be the decision of enforcement.
2. In this application, examination of the merits of the decision of the judicial authorities, will only control the fulfillment of the conditions set forth in this Agreement.
The provisions on the enforcement of decisions of this Agreement, the Contracting Parties, the provisions relating to the expulsion of a judicial execution due obtained money or property shall not prejudice the transfer.
ASSISTANCE IN CRIMINAL FIELD OF FORENSIC
1. The Contracting Parties undertake not to each other in mutual legal assistance in the criminal field.
2. In the penalty area, mutual legal assistance, especially documents deposit, search, evidence constituting documents and belongings confiscated and delivery, expert examination, the accused and examination of witnesses includes experts in the fulfillment of rest and procedural tasks such as making discoveries.
1. The request for judicial assistance in criminal field will comprise the following:
a) The name of the current authorities in the requesting and requested
b) the subject of the investigation or trial,
c) the surname and the name of the accused or convicted, or they reside in their residential space, nationality and profession, and to the extent possible, the names of the parents with the birth date and place,
d) Representatives of the surnames, names and addresses,
e) the subject of judicial assistance request and the description of the criminal act with the necessary information for the performance and quality,
2. Requirements and their attached documents shall contain the signature of the issuing authority and the official seal. Article 27
1. In order to fulfill the request for legal assistance requested authority shall follow the legal provisions in force in their own State. However, at the request of authorities who want requested authority may apply to the extent not inconsistent with the procedural provisions required by the other Contracting Party Party's laws.
2. If the competent authorities have required about the fulfillment of the request for judicial assistance, judicial assistance required to forward the request to the competent authority of the Party and shall notify the authorities who want the state of affairs.
3. At the request of the authorities want, requested authority shall announce the date and place of authorities who want to fulfill the request for judicial assistance. Desired authorities may allow the participation of the fulfillment of the request for judicial assistance requesting authority representative.
4. Select the authorities, after the execution of a request for judicial assistance to the authorities who want to return will give information about the file or obstacles related to the execution of the request.
1. One of the Contracting Parties the court or competent authority during a case seen by the other Contracting a witness or expert be present in the territory of the Party, especially if required regarded, for this side of the court or any other competent invitation, sneak notification of the authorities of the other Contracting referenced Party to the competent authority.
2. In the case provided for in paragraph 1 invitation, but, if it heeds the invitation will not include fines or other sanctions.
3. Parties wishing to belong to them and compensation to be paid by the expert witness and subsistence expenses.
4. Whatever the nationality, an invitation on the witness with his own desire to appear before the competent authority of the other Contracting Party or an expert, that State on the territory of other acts from entering the country due to what can be prosecuted, what can be arrested nor punished. The specified person also witness or expert testimony in connection with procedural matters which are the subject of criminal proceedings can not be prosecuted because of acts, can not be arrested or punished for. 5. witnesses or expert witnesses, the matter is not required presence of authorities of receipt of the statements from the date of notification to him that leaving the country Parties wishing to within fifteen days if the 4th can not benefit from immunity in paragraph anticipated. Witness or expert, while not wishing to leave the country because the parties are not in their own hands, is beyond the scope of this period.
1. Notification of the documents requested, if it comes with built in language translation has been approved or requested Party formally requested the authorities of the notification shall be made in accordance with the legal provisions regulating the issue of its State. Otherwise it will notify authorities if requested to consent only to the addressee of this document. 2. Notification will be notified and correct address of the addressee shall be specified in the certificate request.
3. Documents required if no be notified at the address specified in the request notification authority to determine the correct address of the addressee if it is not possible to determine the address of alacaktır.b necessary measures requested authority shall notify the authorities who want and to communicate will return the required documents.
Certificate of receipt will be issued according to the provisions in force requested Party. Receipt of the document and the date of notification shall contain the location.
Article 28 paragraph 3 Without prejudice to the provisions of the requested Contracting Party because of their legal aid costs incurred in its territory will undertake and will not demand that they be paid.
1. Mutual Legal Assistance may be refused in the following cases:
a) requested the Parties to fulfill the country's demand for sovereignty, security or public order to see if the quality will prejudice;
b) If that is not acceptable to demand by the requested Party's domestic law;
2. Mutual Legal Assistance request rejected in the cases provided for in the preceding paragraph if the justification is given.
1. Article 29 of this Agreement and Article 69 paragraph 1 except for matters referred to in Article demand and the documents annexed language Requested Party shall also include French or English certified translations.
2. Approval of Translation authorities, wanting a sworn translator and can be made by a notary public or a diplomatic mission or consular officer of one of the Contracting Parties. 3. Documents relating to the fulfillment of the request, the parties will be held in the desired language.
1. In the framework of the provisions of this Agreement, the Contracting Parties person found in the country, for the purpose of a criminal prosecution or enforcement of a no-decision, undertake to deliver mutually upon request.
2 returned for a criminal prosecution, but either Contracting Party twelve months more than a custodial sentence or a heavier punishment according to law shall be made for causing offense.
3. return to the execution of a decision, however, will be made if both Contracting freedom by the parties of the law to sanction offenses that causing and these people more than six months custodial penalties or to have been sentenced to a more severe penalty.
4. Return demand, although both Contracting Parties by the laws of each meat taalluk to imprisonment for causing müteaddit crimes, some of them 2nd and failing to comply with the conditions stipulated in paragraph 3, requested the parties may decide to also return for these crimes.
1 will not be refunded under the following conditions:
a) the person is requested to return the citizens requested Party;
b) is not acceptable to the Parties to the required return by domestic law or decision in the stipulated time-out or any other reason, the law will not be fulfilled;
c) Return the request when the parties requested country Parties, the same offense committed by a final court decision or if the semen to be subject to criminal proceedings;
d) Crimes finished the Requested Party country.
2. Requested Party shall request the return of the party to return due to the fact that if the citizens will tevessül the criminal proceedings at the request of the parties wanting. Crimes related files, information and other evidence that will be sent by the Party wanted. Requesting Party shall be informed of the outcome of these proceedings.
1. Prosecution requested a temporary arrest order transpired return a copy of which has been approved in accordance with the original decision, the criminal acts will be added to the text of the prospectus and the criminal law provision will be applied according to the defining moment. a material loss from the offense if it occurred, the amount of this will be explained to the extent possible. 2. A decision on the execution order transpired extradition request, a copy of the final court decision of the offense which has been approved in accordance with the original provisions of applicable laws defining moment will be added according to the full text. The attracted some of the convicts penalty, this shall be specified.
3. Return the desired person's citizenship status of the request for extradition and to the extent possible, a description of the information concerning the identity, place of residence, personal status, photos and will contain fingerprints.
4. Contracting Parties shall request the refund request in return does not have to include documentation of the evidence related to the crimes committed by the intended person. Article 37
If the request for extradition does not contain all the necessary information, the Requested Party may request that it be completed. Parties required for this purpose, may appoint a period of up to two months to be able to extend the record for valid reasons.
Following the receipt of the request for extradition requested Party shall take the necessary measures without delay of the arrest of the person forming the subject of the claim. Provisions of this Agreement in respect of non-refund obligation in accordance with this provision shall not apply.
Emergency cases, returned to the requesting party may ask the competent authorities of the requested person to be temporarily arrested. The authorities have requested party will decide according to its own legislation on this demand.
In the request for provisional arrest, Article 36 of the 1 or 2 shall be referred to the existence of documents in paragraph bahsolun and declared that the aim of requesting the refund. Want also required which will be returned to crime, when and where and how the crime was committed and facilities refunds will be described whereabouts or the identity of the person to the extent desired.
Provisional arrest request, the requested party to the competent authorities, both through diplomatic channels, should mail or telegraph or the International Criminal Police Organization (Interpol) can be converted into or through the post and can transmit in any manner acceptable to the desired side.
Authorities who want to be informed of the delay will result in prompt.
Desired side, and return it within 45 days after provisional arrest request and will not be forwarded documents referred to in Article 36, the temporary arrest may be terminated. This period shall not exceed 60 days from the date of arrest ever in a struggle. Temporary release possible opportunity every time, but returned to the Requested Party shall take all appropriate measures to prevent the escape of the requested person. Release, upon receipt of the extradition request does not preclude subsequent re-arrest and extradition.
Delayed or Conditional Turn 1 Requested Party, after its decision about the extradition request, the requested person, the refund for an offense other than an act that constitutes subject to demand prosecution can or sentenced to punishment may postpone the delivery to withdraw his country.
2. Requested Party may, instead of being able to deliver the desired delay of the delivery person to want to temporarily Party. Temporarily be returned to the people, supply of essential procedural formalities to be sent from the date after temporarily and return later will be returned promptly within a period not exceeding three months.
At the same time the demand for Vaki
The same person's extradition if requested by a number of States, which will be decided when demand iSafe requested state.
RULE and return to the third State 1 without the consent of the Requested Party, the extradited person committed before extradition and return to the principle that another offense thus prosecuted for that, and on the date of delivery, such as can not be passed to the execution of a sentence can not be handed over to a third due to previous offenses State.
2. The following cases, consent is not required:
a) Return the person, if the decision on the conclusion of conviction or procedural, since the execution of punishment if the country were to leave the Contracting State in which it is delivered within a month,
The extradited person does not leave the country for reasons beyond his control of the party who want as long as in the impossibility is beyond the scope of this period.
b) After the person left the country Parties wishing to return back to this country with their elders are.
Decisions on demand
1. Requested Party shall inform the party requesting the decision on reinstatement.
2. fully or partially refund in case of rejection, the reasons for refusal will be communicated to the Parties wishing.
3. If the adoption of the refund, the refund will be done with the place and date of the Requested Party Party want. Requesting Party decided to return if the return to be determined within one month following the day of receipt of the person will be released.
The extradited person has fled the country and returned to the Requested Party, a new extradition request to the Parties wishing therefore will not need to transmit the documents required by Article 36 of the Agreement.
1. Each of the Contracting Parties at the request of the other Party, be extradited to another State Party that will allow people to pass in transit its territory. Contracting Parties present if no obligation to refund according to the terms of the agreement are not obliged to grant this access.
2. The competent authorities of the Contracting Parties in each case, the form of transit shall provide the agreed route and other conditions.
Making information from the court
Results âkittaraf shall notify the extradited person on tevessül when the criminal proceedings as a result of the mutual. Furthermore, upon request, for example, the final judgment shall communicate to each other.
Provisional arrest and extradition procedures will be subject to the law only required parties.
Restitution claims in pending documentation to be desired on the side languages, French or English, it is translated as certified in accordance with the original will be added.
PUBLIC THEY ARE CITIZENS OF CRIMINAL
SENTENCES IN ORDER TRANSFER OF CONVICTS
1. Other Contracting freedom by the parties of a court decision finalized countries decided on conviction to a binding sentence citizens of each of the Contracting Parties upon mutual agreement and in the circle under the terms provided for in this Agreement, citizens for the fulfillment of the penalty will be transferred to the Contracting Party host countries.
2. execution in order to convict the transfer of the criminal, court convictions procure become Contracting Parties (provisions State) at the request of the other Contracting Parties (executing State) will be made if the Court declared that it will accept the prisoners.
3. The Contracting Parties to the citizens of the convicts, taking into consideration the date of the decision by the court in order to transport possibilities may apply to the Contracting Parties.
initiating the procedure laid down in Article 49 in order, convicts, representatives or family members may apply to the competent authorities of the Contracting Parties. The competent authorities of the Sentencing State shall provide information about the convicts can be found in such an application.
Convicted of the transplant, but in terms of criminal law of the executing State acts that led to the conviction will be made if not constitute a crime.
1 can be made only with the consent to transfer the execution of convicts State.
2. The consent of the convicts are not in a position to declare as valid, it will be the consent of the legal representative.
Execution of the State, does not accept the transfer of the prisoners will be reported as soon as possible in the provision State.
1. The Contracting Parties unless they agree on the transport, the competent authorities of the State of execution, the decision will depend on the nature of time and quite a bit of punishment. 2 of the Criminal of the nature or duration of the execution of the State is incompatible with the law or if it requires the legislation of that State, the competent authority of the executing State, that penalty may convert the penalty provided for in their laws for offenses of the same nature. This is fine, as far as possible, be given appropriate punishment decision as nature. Converted the penalty, the nature and duration of such provisions can not be heavier than the penalty imposed in terms of the maximum amount foreseen for the State of the State executing an offense of the same nature in the law will pass. 3. The competent authorities of the State of execution, and the freedom to stay connected with sübut of events rather than a binding criminal punishment will not substitute another character.
In case of consent of the State of execution, the competent authorities of the Contracting Parties to the location of prisoner transport in the shortest possible time, will determine the date and conditions. The transplant will take place Convicted provisions territory of the State.
1. Conditional release, including the execution of the penalty shall be subject to the execution of the State legislation.
2. amnesty provisions will be applied to the State or State legislation enforcement.
3. Special amnesty will be applied according to the legislation of the State executions.
4. State the execution of any application for re-examination of the convictions were for convicts who procure transport only when the provisions of the State court shall have the power to make the decision.
1. The Contracting Parties of all cases, and especially amnesty could affect the execution, regarding the results of each application for pardon and scrutiny of the decision will give each other mutual knowledge. 2. Execution State shall inform the Sentencing State to fulfill the sentence is completed.
The convicts handed over to the State of execution will be carried out in accordance with the procedure provided for in Article 55 to the extent possible.
1. Convict's request for the transfer shall be made in writing.
2. Request the following documents will be added:
a) certified copies of the decision that contained the remarks reflecting finalized;
b) The text of the applicable provisions of law;
c) To the extent possible, prisoner's identity, citizenship, information relating to his seat or residence;
d) determining the portion of the execution of the provisions of the criminal convicts State documents; e) report having the Convict's consent;
f) all other documents which may be of importance to examine the request.
Execution of the State, he is of the opinion that the information and documents provided to be inadequate, it may request complementary information and to send the information, subject to possible extension available upon request, it can be detected in time. Failure to submit supplementary Malumat the execution state, provided him with information and documents will provide the basis of the decision. Article 61
The transport documents with crop demand will be exempt from the formal ratification process and the execution of the State language shall be submitted with the French or English translation.
With regard to the transfer of convicts, costs other than those made solely in the territory of the Sentencing State shall be borne by the executing State. SECTION 4
MISCELLANEOUS PROVISIONS IN CRIMINAL MATTERS RELATING
The Contracting Parties citizens who have committed a crime on the territory of the other Party, upon request of the other Contracting Parties undertake to prosecute in accordance with the provisions of its own legislation.
1 provided for in Article 63 in order to be criminally prosecuted tevessül written requisition description they send each other the Contracting Parties shall comprise the following:
a) the name of the authority that you want;
b) Give the date and place the accused who were the subject of requests for documents related content;
c) the defendant's identity, citizenship and knowledge about the extent where he is resident or sit possible;
2. Requisition shall be attached to the following documents:
a) sample confirms the possibility of a preliminary investigation documents arranged in the desired language or the original of the Parties;
b) evidence during the criminal proceedings that may constitute all goods and documents; In this respect Article 66 of this Agreement shall apply.
c) According to the laws in force in the place of the offense should be applied provisions of the law texts;
d) if it is necessary and possible, the defendant's photograph and fingerprints,
3. The Parties will inform the other Contracting Party from the current result in prosecution request and will send a copy of the final judgment. Article 65
1. If necessary, listened to them as a witness the person lawfully detained in the territory of the other Party, requested the parties of these people, after the continued detention and heard, provided they are returned to as soon as possible, can consent they sent to the requesting Party.
2. persons detained as a witness of the territory of a third State of rest if necessary, the Contracting Parties shall allow the transit of such persons in their own country.
3. the matters set forth in paragraph 1 and 2 above shall apply to the extent that the provisions of Article 28 of this Agreement is possible.
1. All other items with those related to the handling of evidence during the criminal proceedings that may constitute a crime, the person in question dies or Parties who wish to return for other reasons even if not carried out, it will be delivered.
2. Requested Party may postpone the delivery of the goods concerned if necessary temporarily to another criminal prosecution.
3. rights reserved by third parties on the goods to be delivered. Following the conclusion of the criminal prosecution of these items will be returned to the sender to be delivered to the parties concerned.
With regard to the delivery of goods and return of criminals, costs, other than those made exclusively requested Party shall be borne by the country Parties wishing.
1. The Contracting Parties, the other Party shall procure and citizens about information related to definite convictions, shall transmit to each other at least once a year.
2. The Contracting Parties shall, upon request, before the desired country Parties and constitute the subject of a conviction information relating to criminal records of persons subject to prosecution country Parties wishing, shall transmit to each other.
3. The Contracting Parties in the cases provided for in paragraph 1 and 2 above shall send each other the fingerprints of people who are sentenced to the extent possible.
The provisions of this Agreement, shall apply also in demand on events occurring before the entry into force of the Agreement.
This is all kinds of problems arising in the implementation of this Agreement shall be settled through diplomatic channels.
This Agreement shall be ratified and instruments of ratification shall be exchanged in Dushanbe.
This Agreement shall enter into force after the exchange of ratification documents for 30 days.
This Agreement shall remain in force indefinitely. However, each Contracting Party may terminate the Agreement upon notice to the other Contracting Party at any time.
Such denunciation shall take effect from the other States of the receipt of such a notification 6 months later.
As proof of these provisions, authorized representatives of the Contracting Parties have signed the agreement and they have applied the seal.
This Agreement was signed in Ankara on May 6, 1996 in Turkish, and one of 3 copies each of the mainly Tajik and English texts are organized. In case of different interpretation of the text in English text shall prevail.
ON BEHALF OF THE REPUBLIC OF TAJIKISTAN ON BEHALF OF THE REPUBLIC OF TURKEY of the Minister of Justice, Minister of Foreign Affairs Mehmet AGAR Talbak N. NAZAROV
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