Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4547.html
Law No. 4547 Date of Admission: 03/07/2000
Article 1 - 24th February 1997, signed in Ankara, "the Republic of Macedonia with the Republic of Turkey between the legal and criminal matters Judicial 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 THE REPUBLIC OF MACEDONIA
BETWEEN civil and criminal matters in
Agreement on Judicial Assistance
The Republic of Macedonia with the Republic of Turkey (hereinafter referred to as the Contracting Parties) between to strengthen the bonds of friendship and civil and criminal matters and extradition of the criminals convicted person of mutual legal assistance sovereignty in matters transport, national independence, the edit desire equality in rights and based on the principle of nonintervention in the internal affairs, || | in civil and criminal matters they have decided to conclude a mutual legal assistance agreement. For this purpose, they have agreed on the following points:
1. Nationals of one Contracting Party, the territory of the other party, in the interests of judicial and legal protection of property and issues have the same rights as the citizens of that State.
2. Nationals of one Contracting Party, the other Contracting Party in the territory, rights and obligations in civil and criminal matters in the management and protection of the interests of the competent courts and other competent authorities that govern the citizens of the Contracting Parties shall have the unrestricted right of recourse to the same rules and formalities.
3. The center of one of the Contracting Parties and legal entities established in accordance with the Party's legislation may benefit from the provisions of this Agreement.
1. This Agreement shall be made in correspondence Justice Ministries of both countries.
2. The first paragraph shall not prevent communication through diplomatic channels.
3. In case of emergency contact International Criminal Police Organization (INTERPOL) also provided through.
4. In correspondence, to the Republic of Turkey Turkish, Macedonian language for the Republic of Macedonia will be used.
Ministry of Justice of the Contracting Parties shall, upon request, provide information on the law and practice against each other in the country in relation to the legal issues that were the subject of this Agreement.
in civil judicial AID SUBJECT
1. The competent authorities of the Contracting Parties shall mutual commitment to provide legal assistance in civil matters.
2. Mutual Legal Assistance, in particular, submission of documents, expert examination of the parties, include the hearing of witnesses and experts.
1. request for judicial assistance shall include the following:
- The names of the authorities which are available and demand the request; - The judicial assistance requested by the nature of the event;
- The names and surnames of the parties, permanent and temporary addresses (residence or sit in their places), nationalities and professions;
- Names, surnames and addresses of the parties and their representatives;
- The subject of the request and the information necessary for enforcement.
2. judicial assistance request and the documents attached thereto must bear the official seal of authority to be signed and demand.
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 is not competent to fulfill the request for judicial assistance, the competent authority transmits this claim and inform the authorities in that request.
3. After the execution of a request for judicial assistance by the requested authority fails geteril message instead of the authorities of the requesting or requested documents, reports and the reasons for the situation.
1. Notices, claimed was written on the side of the tongue or if they are having a translation has been certified for compliance with the language of that Party, claimed in his State by the authority shall be made in accordance with the provisions regulating this issue. Otherwise, if requested by the authorities, notification, but it can if it agreed to the addressee.
2. Notification request to be exact address of the addressee documents and papers must be specified.
3. If the documents can not be served at the address specified in the request notification shall take the necessary measures to determine the exact address of the addressee requested authority. In case of impossibility of determining this address, the requested authority shall inform the authorities requesting documents and papers they will return to this office.
According to the notification of the requested Party's laws were to be issued. Notification received notification shall contain the date and place.
Requested Party shall bear all costs incurred due to legal assistance in its own territory and will not require the payment of these charges.
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 other than those specified in the Article 13 of this Agreement, and it made the request for judicial assistance is requested Party languages will be included in documents attached certified translations.
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. documents relating to the execution of requests for judicial assistance will be held in the language of the requested Party.
1. No matter what the nationality, an invitation on the other Contracting Parties to the judicial authorities of the witness or expert before this Contracting Party in the territory of the requesting can not be prosecuted in respect of an offense committed before the entry of the Contracting Parties or before such can not be arrested because of a decision shall procure punished .
Witness or expert, no longer be required to determine whether the presence of authorities from the date of that invitation, if they are notified within 15 days of consecutive Contracting Parties who request to leave the country will end this impunity. While a witness or expert can not leave the country without its flaws requesting Contracting Party shall be excluded from the period prescribed in this paragraph.
These people can not be prosecuted because of the witness or expert witness or tutuklanamaz cost.
2. requesting authority, in its capacity as an expert witness or invited people, who demand to be paid the prescribed conditions apartment and subsistence expenses of the Contracting Parties shall notify the legislation and will be subject to the payment of compensation to the expert. This person upon request, be paid an advance by the authorities referred to cover travel and subsistence expenses.
Contracting Parties of one court or other competent authority at the request of the other Party, the Party that requested the citizens of affairs in şahsiye to müteda the documents, personal affairs and copies of other documents relating to interests will send tercümesiz and free. Article 14
1 have been issued by the competent authorities of the country of one Contracting Party, issued or approved and bearing the official seal of the legal documents and their further processing is not required to be valid for a certified copy of the territory of the other Contracting. 2. official documents issued in the territory of a Contracting Party shall have the same force with the official rate of proof of qualification issued in other territories.
RESERVE FUND GUARANTEE from (SOLVI judicata) and
Exemption from legal costs
Nationals of one Contracting Party, or the Party of the only countries to have foreign residences or dwellings due to the absence of the guarantee fund (the solver judicata) will be held responsible to give.
1. Nationals of one Contracting Party, the other Party exemption from the court in front of the same conditions and to the extent such fees and expenses of the citizens of the Contracting Parties and benefit from free legal aid.
2. Such legal assistance and legal aid, including enforcement proceedings, are applied in the process 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.
1. personal necessary to benefit from the provisions of Article 16, pertaining to family and property documents related to the case, the Contracting Party in whose territory the place of residence or domicile in which the application should be given by the competent authorities.
2. If the Contracting Parties who applied in one or the other is no domicile or residence, can provide the document in question is a national of that State's diplomatic mission or consulate itself.
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.
any court of the Contracting Parties, a party in the territory of residence or domicile of the other Contracting Party if it is established a period of time to complete a specific procedural actions, the period begins to run from the date of notification of the document is addressed.
in LEGAL MATTERS RECOGNITION AND EXECUTION OF RESOLUTIONS
1. Any Contracting Party may, following decisions issued in the territory of the other Contracting Party to recognize under the terms provided for in this Agreement and will executor:
- Decisions relating to civil matters;
- Given decisions in criminal matters in relation to compensation;
- Legal issues given arbitration awards;
2. nature of the legal issues in the final judicial decisions given after the entry into force of this Agreement, is considered decisions. decisions on legal issues mentioned in the first paragraph, however, 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.
This decision specified in Article 19 of the agreement are recognized if they meet the following requirements in the territory of the other Contracting Party and is enforcement:
- Decision, given that according to the law in the territory of the Contracting Parties have finalized and should be able to be exercised.
- The court that the decision, according to its enforcement or recognition of the Contracting Parties requested that the law be deemed to be authorized to make such a decision.
- According to the decision given by the Contracting Parties of the law, in accordance with the procedure by the losing side of the case it should have been invited to the court.
- Has not been deprived of the defense of the claim and the parties to the case must be duly found to have been invited to the court and they must pursue their claims and defenses of the opportunity given the opportunity to be represented in his absence.
- Decision of the recognition or enforcement of the territory of the Contracting Parties as required within the same procedural and between the same parties, should not be given before a court finalized.
- The territory of the Contracting Party which requested the recognition or enforcement of the decision before the judicial authorities based on the same event opened between the same parties for the same purpose must not be the case.
- According to the decision of recognition or enforcement in the territory of the Contracting Parties to the required legislation, decided cases, but requires the implementation of a Party's law; if these laws are applied correctly, or if the recognition and enforcement of the laws of the Contracting Party requested that a substantially different from the other Contracting Party is not recognized by law and is enforcement.
- Decision country must comply with the recognition or enforcement of the fundamental principles of law and public order of the requested Contracting Party.
The tribunal decisions, except for the provisions of Article 20, paragraph 6, in addition to those specified in that provision, but the execution is carried if the following conditions:
- As required by the law of the Contracting Party of the enforcement of the decision, Abilmekteyse referred to arbitration for the resolution of similar disputes;
- The arbitration award of an arbitration agreement or arbitration clause between the parties is given in relation to a dispute as envisaged;
- Formation style of the Arbitration Tribunal, the parties to the arbitration agreement or arbitration in compliance with the requirement in the legislation or the State in which the judgment has been given;
- Parties to the procedure of appointment of the arbitrator or be referred to arbitration in accordance with procedures have been notified;
- The arbitration award shall be finalized by the State.
1. An application for recognition or enforcement, the decision of the competent judicial authority of the country of recognition or enforcement of the Contracting Parties directly carried out as required.
2. The following information must be attached to the application:
- Fidelity sanctioned by the decision, if not understood clearly from the decision itself, he has the executive power of final decision that is proving a document;
- The decisions against him and the party to join the case, duly surette could not be able to join him and was invited to the court proceedings, acting through the court in front of credible proper representation when the incentive of a document;
- The above mentioned documents, the recognition or enforcement of decisions made in the territory of the Contracting Parties to the required certified translations in the language.
1. Decision on the recognition and enforcement procedures, recognition or enforcement of the Contracting Parties shall apply the required legislation.
2. In the implementation of this Agreement, recognition or enforcement is related to the issues on the merits of the case requested authority will only examine the fulfillment of the conditions set forth in this Agreement.
The recognition of decisions and judgments about the execution of this Agreement, the Contracting Parties shall, without prejudice to judicial an execution process as a result of the money the national legislation regarding the expulsion of a foreign country to transfer or belongings.
ASSISTANCE IN CRIMINAL FIELD OF FORENSIC
1. The Contracting Parties undertake not to each other in mutual legal assistance in the criminal field.
2. Criminal field of mutual legal assistance, in particular, the transmission of documents, search, evidence constituting documents and belongings confiscated and delivery, expert examination, the questioning of the accused, include witnesses and expert witnesses of the fulfillment of rest and procedural tasks such as making discoveries.
1. The request for judicial assistance in criminal field will comprise the following:
- The name of the current authorities in the requesting and requested
- The subject of the investigation or trial,
- The names of the defendants or convicts, they sit in their space or residence, nationality and occupation, and to the extent possible, place of birth and date with the names of their father and their mother,
- The names and addresses of the legal representatives present,
- The description of the nature of the crime and the criminal act with the necessary information to fulfill the purpose of the request and the request of judicial assistance.
2. Requirements and their attached documents, issuing authority, and shall contain the signature of the official seal.
1. Desired authorities, legal assistance request to be fulfilled in accordance with the legislation in force in its territory. However, the requested authority, at the request of the authorities wanted, requested Parties to the extent not contrary to the legislation, apply the procedural provisions of the requesting Party.
2. If the competent authorities have required about the fulfillment of the request for judicial assistance, to transmit requests for legal assistance and the competent authority of the requested Party shall notify the authorities who want the state of affairs.
3. At the request of the authorities want, requested authority, date and place will be announced the execution of a request for judicial assistance to the authorities upon request. Desired authorities may allow to be present during the execution of the authorities concerned officials and people who want to request legal assistance. 4. Select the authorities, judicial assistance will be returned to the authorities asking for documents related to the fulfillment of the request or demand the fulfillment of the demands are not met, it shall communicate the reasons for this.
1. The judicial authorities of the Parties want, if the presence of a witness or an expert on the necessary presence will be specified in the notification of the request for invitation to this issue.
2. A previous mentioned in paragraph invitation, but, if it heeds the invitation will not include any penalty or other sanction. 3 of them and subsistence expenses with the fees paid to expert witnesses shall be borne by the parties and the like.
4. What you get if you have the nationality of the witnesses who will appear before judicial authorities of the Parties wishing his own accord or expert, the Party in the territory of other acts from entering the country so it does not prosecuted, can not be arrested, punished and not be restricted in any way freedoms. They are also likely to benefit from immunity in respect of such acts on the underlying procedural process of investigation or litigation. 5. witness or expert, it is not necessary to determine whether the presence following the date of notification to him if he wanted to leave the country within fifteen days of the Parties provided for in paragraph 4 of this Article the third immunity ends. Witness or expert, while not wishing to leave the country because the parties are not in their own hands, not included in the period specified in this paragraph.
1. Requested Party, the notification of the requested documents submitted with translation into their native language and have been officially approved, it will issue as stipulated in the legislation. Otherwise, the only addressee of the documents requested Party can not accept it if the notification. 2. Notification of the nature of demand in the notification will be addressed to the correct address and documents will be specified.
3. Documents, if no notification shall be notified at the address specified in the request, the Requested Party shall take the necessary measures in order to determine the correct address of the addressee. If this is not possible, the Requested Party shall so inform the Requesting Party shall return the requested documents and papers.
Receipt of the document, the parties will be held in accordance with the provisions of the required legislation. This document shall contain the date of notification and location.
Article 28 paragraph 3 Without prejudice to the provisions, as requested Party will assume the costs incurred for legal assistance in its territory and to demand that they be paid.
1. requests for judicial assistance may be refused in the following cases.
- Requested Party's demands are fulfilled, it is sovereignty itself, is of the view that harm the security or public order;
- Requested Party, the aid would be contrary to domestic law instead of prompt if deemed;
2. Mutual Legal Assistance request will be notified in case of rejection of the reason it according to this article.
1. Article 29 of this Agreement, except as provided in paragraph of Article 1 and Article 68, the demand for assistance and annexed documents, certified translations made in the requested Party languages will be added.
2. Approval of translation, like the parties, sworn translator, can be made by a notary public or a diplomatic mission or consular officer of the Contracting Parties.
3. Documents relating to the fulfillment of the request, the Parties shall be held at the desired language.
1. The Contracting Parties shall, within the framework of this Agreement, pursuant to which and preparatory rights investigations in countries or recent investigation carried out or on the other side of the wanted persons for the purpose of execution of a conviction undertake to deliver in full.
2 return to the last preliminary investigation or inquiry, however, the imprisonment for more than twelve months according to the laws of both Contracting Parties or will be made for offenses of a more severe penalty.
3. return to the execution of a penalty but, according to both Contracting Parties of the law for offenses requiring imprisonment and the person will be held if more than six months imprisonment or to have been sentenced to a more severe penalty.
4. Return demand, by the laws of each of the two Contracting Parties although on separate crime from one another that requires imprisonment, some of them for failing to comply with the conditions prescribed in this Article, the 2nd and 3rd paragraphs, requested Parties may decide to also return for these crimes.
1 will not be refunded in the following cases:
- The person is requested to return the citizens requested Party;
- Is being not acceptable to the Parties to the required return by the time stipulated in the domestic law or criminal law timeout or any other reason unable to fulfill the demand;
- Return the request when the parties requested country Parties, the same offense committed by a final court decision or if the menu is to be subject to criminal proceedings;
- Processed if desired Crime Party.
2. Requested Party shall, if requested to return the refund because when the person is a citizen, upon the request of the Requesting Party shall initiate criminal proceedings on that person. Files, information and other evidence requested by the Parties shall be communicated to the parties want. Requesting Party shall be informed of the results of the said judgment process.
1. In order to do the preliminary investigation or the last investigation, vaki extradition request arrest warrant circumstance has been certified for compliance with the original copy of a prospectus and the defining moment of the crime and the legal provisions specifying the penalties to be applied to describe the shape of commission of the offense is added to the text. If a material loss from the offense occurred, the actual amount of damage to the extent possible, will be shown. 2. A penalty of execution in order transpired extradition request to the crime by a final court decision has been approved by the fidelity of the defining moment and added, indicating the full text of the applicable legal provisions. A portion of the penalty will be noted that the issue had been executed.
3. Return to the request, the requested person's citizenship status, a description of the extent of facilities, the identity, location, information about the personal status, photograph and fingerprints will be added to the chips.
4. Requesting Party shall return the request does not have to include documentation of the evidence related to the crimes committed by the intended person.
If the request for extradition does not contain all the necessary information requested Party may request that it be completed. Parties required for this purpose, as long as necessary to be able to lengthen the reason may stipulate a period not exceeding two months.
Following the receipt of the request for extradition, the requested Party without delay, including the provisional arrest of the person who will be subject to demand all necessary measures. This provision shall not apply in the event no obligation to refund according to the provisions of this Agreement.
Emergency cases, returned to the Requesting Party's authorities may request the provisional arrest of the requested person. the competent authority of the requested Party shall 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. The claims also required which will be returned to crime, when and where and how the crime was committed and facilities will be released this sketch of returning people 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) may be converted to or through writing and requested Party to be adopted transmitted in any way.
Authorities who want to be informed of the delay will result in prompt.
Requested Party, within 45 days after provisional arrest request for extradition and the documents referred to in Article 36 is not transmitted, provisional arrest may be terminated. This period shall not exceed 60 days from the date of arrest under any circumstances. Temporary release every time the opportunity is possible, but it will take all necessary measures to prevent the escape of the requested person refund requested Party.
Release, upon receipt of the extradition request does not preclude subsequent re-arrest and extradition. Delayed or CONDITIONAL DELIVERY
1. Requested Party, after its decision about the extradition request, the requested person, an extradition request to be judgment because of a crime other than the subject or convicted which may delay the delivery to withdraw his country.
2. Requested Party may, instead of deferring delivery can deliver the desired person temporarily Parties wishing. In this way, people who are temporarily surrender, after the completion of the procedures and processes which are essential to be sent from the delivery date will be returned in any case within a period not exceeding 3 months.
AT THE SAME TIME BUYERS VAI that
The return of the same person is requested by more than one State, which will be requested Party shall decide prompt instead.
RULE AND THIRD STATE RETURN
1. Returned person, without the consent of the Requested Party, returned from the previous processed and returned to the main prosecution can not be for another offense which, as can not be executed in an on and can not be judged criminal can not be handed over to a third because of previous crimes State of delivery.
2. The following cases are not deemed necessary to the consent of the Requested Party:
- Returned person has been convicted following the conclusion of the proceedings or the execution of punishment has to leave the country within 15 days if the Party wanted.
The extradited person does not leave the country for reasons beyond his control of the Party want as long as in the impossibility is beyond the scope of this period.
- Return if the person requesting Party after having left the country returned to this country.
DECISION ON DEMAND
1. Requested Party shall forward its decision to the Parties wishing to return.
2. The refund claim to be totally or partially rejected, the reasons for this refusal will be communicated to the Parties wishing for.
3. In case of acceptance of the refund request, the desired delivery date and place of the parties shall notify the Parties want. Requesting Party following day determined to return within 15 days of receipt of the requested person if this person will be released.
The extradited person has fled the country and returned to the requested Party, Party again when requesting extradition is requested, there is no need to transmit the documents required by Article 36 of the Agreement.
1. Each of the Contracting Parties shall, upon request of the other Parties, to be extradited to a third State by the Parties shall permit the passage of persons in transit its territory. Contracting Parties are not obliged to allow transit for offenses they see outside the scope of return pursuant to the provisions of this Agreement.
2. The competent authorities of the Contracting Parties in each case, the form of transit shall provide the agreed route and other conditions.
MAKING THE RESULTS INFORMATION PROCEDURE
Requesting Party shall return the person's criminal procedure made about the results after the delivery of the requested Party shall transmit. In addition to these obligations, requesting Party, for example, the decision will be finalized upon the request sent to the requested Party.
Provisional arrest and extradition process will be carried out exclusively by the legislation requested Party.
Documents relating to the extradition request, the Requested Party made language or translated into English and has been certified for compliance with the original will be added.
The PUBLIC EXECUTION IS CRIMINAL NON-CITIZENS of
TRANSFER OF CONVICTS Article 49
1. Other Contracting freedom by the parties countries finalized a court decided to sentence a binding sentence of any Contracting Party nationals, with the agreement of the Parties and the apartment under the terms provided for in this Agreement shall be transferred to their own countries for the fulfillment of the sentence.
2. The transfer of convicts, the court decided to sentence the Contracting Parties (Sentencing State) upon request, the prisoners will be sent to the other Contracting Party (Execution State) that is carried out by adoption.
3. The Contracting Parties in which the sentenced person is a citizen may apply to the other Contracting Party to examine the possibility of transmission.
Convicted, representatives or family members in order to initiate the procedure laid down in Article 49, they may apply to the competent authorities of the Contracting Parties. The competent authorities of the Sentencing State, convict, will inform that the opportunity to make such a request.
Convicted of the transplant, but acts that are subject to conviction, in terms of legislation of executions carried out in the State did not constitute a crime.
1. Convicted of transplantation, only with consent.
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 Sentencing State.
1. The Contracting Parties unless they agree on the transport, the execution of the State authorities, located the decision will depend on the nature and duration of the sentence.
2. the nature or duration of the punishment is not compatible with the law of Enforcement State, or if it requires the legislation of that State, the competent authorities of the execution state this criminal will be able to convert the penalty provided for in their legislation for offenses of the same nature. This is fine, as far as possible, it will correspond to the verdict in the criminal provisions as the nature of the state. Execution of the sanctions provided for in the State, such as the nature and time could not be more severe than in terms of the maximum amount foreseen State Sentencing State Executions for crimes of the same nature in the legislation should pass. 3. Execution of the competent authority of the State, and freedom to stay connected with sübut of events instead of binding sanctions will not substitute a sanction in another character.
In case of consent of the State of execution, the competent authorities of the Contracting Parties as soon as possible in place of the prisoner transport, will determine the date and conditions. Sentencing State prisoners will be held in the country of delivery.
1. Conditional release, including the execution of the sentence, the execution will be subject to state legislation.
2. Convicted transplanted Sentencing State and will benefit from the amnesty issued in both the State of execution.
3 Transported convicts can benefit from special amnesty only in the State of execution.
4. After the transplant, only the provisions regarding the application for state re-examination of the convict conviction court has the authority to make decisions.
1. The Contracting Parties, especially the amnesty will inform each other of any changes that may affect the mutual pardon application and execution of the sentence, including the re-examination of the decision. 2. Execution State shall inform the Sentencing State when the sentence of execution has been completed.
Executions of prisoners handed over to the State, to the extent opportunities envisaged in Article 43 paragraph 3 shall be conducted in accordance with the procedure.
1. Convicted of transfer requests be made in writing.
2. Request the following documents will be added:
- The decision, including the finalization commentary certified copy;
- Law article text indicating that defines the crime and punishment;
- Whenever possible detail convicted of identity, citizenship, information on his seat or residence;
- Document showing the amount of the penalty was executed in the Sentencing State; - Convicted of a declaration containing the consent to the transfer;
- Other documents which may be of importance to examine the request.
Execution of the State, of the opinion that the submitted information and documents to be insufficient, and the condition may require supplementary information to be able to extend acceptable reasons for passing it, can determine a period of time. Failure to submit the supplementary information, the Enforcement State, shall decide on the basis of pre-supplied information and documents.
documents in transport demand with crops does not require the formal approval process. translated in these languages will be added to the State of execution.
With regard to the transfer of convicts exclusively Sentencing State except for those costs will be borne by the country of execution state.
PROVISIONS RELATED ISSUES TAL with criminal
The Contracting Parties about the citizens who have committed a crime in the other country, at the request of the Parties undertake to make the criminal proceedings in accordance with the provisions of its own legislation.
1. Article 63 stipulated in the criminal proceedings description written requisition will send to each of the Contracting Parties must be acted upon it shall contain the following:
- The name of the authority that you want;
- Give the record date and location to include also, in which it requested documents related offenses;
- The identity of the accused, information about the location of facilities and the extent of citizenship or residence of the sitting;
2. Requisition shall be attached to the following documents:
- Preliminary investigation of these documents or samples arranged in the desired language of the Parties and approved the fidelity;
- All items that may constitute evidence during the criminal proceedings and documents; In this respect Article 67 of this Agreement shall apply.
- Implementation of the laws in force in the legal provisions of the offense required texts;
- Necessary and, if possible, photographs and fingerprints of the accused,
3. Requested Party shall notify the other party to the proceedings and results will be sent a copy of the final judgment.
1. The Contracting If the Parties observed a person need to be heard as a witness in the other country detained in either country, the Requested Party, after the continued detention and listened to the condition to be sent back as soon as possible, can consent to this person to be sent to the requesting Party.
2. the person who is detained as a witness in a third country if the need arises in the rest of the State, the Contracting Parties shall allow that person to their country of transit.
3. In the cases provided for in paragraphs 1 and 2 above provisions, Article 28 shall apply to the extent opportunities.
1. Parties who want the return of the offender, which may constitute evidence during criminal proceedings related to the commission of the offense with which all, or the person's death, returned to the desired return for other reasons even if not carried out will be delivered.
2. Requested Party deems it necessary for another criminal procedure may postpone the delivery of such things as temporary. 3. rights reserved by third parties on the goods to be delivered. These items will be returned to the sender to be delivered to the respective parties.
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 want.
1. The Contracting Parties, the other Party about its citizens and definite information on convictions, shall transmit to each other at least once a year.
2. The Contracting Parties shall, upon request, before the desired party countries, a conviction on the subject constitutes demand and historic information regarding the criminal records of persons subject to the Requesting Party the territory of criminal procedure, shall transmit to each other.
3. The Contracting Parties shall, in the cases provided for in paragraph 1 and 2 above, the fingerprint of the person who was sentenced to plug the extent possible, they will send to each other.
The provisions of section III of the third, before the entry into force of the Agreement shall also apply to claims relating to events occurring.
This is all kinds of problems arising in the implementation of this Agreement shall be settled through diplomatic channels.
This Agreement is subject to ratification.
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.
Termination of the other States of the receipt of such a notification shall take effect six 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 two in Macedonian and Turkish language is organized in Ankara on 24/02/1997 and each copy of the original text basis.
ON BEHALF OF THE REPUBLIC OF TURKEY ON BEHALF OF THE REPUBLIC OF MACEDONIA Mr. Shaukat Mr. Vlado Popovski BOILER TC MC JUSTICE MINISTER OF JUSTICE MINISTER
Search Translated Laws of Turkey