Communication from the Ministry of Foreign Affairs No. 131 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Treaty between the Government of the Czech Republic and the Government of the Slovak Republic on the cooperation of criminal preparatory management bodies
Valid
Effective from 22.02.1993
131
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 22 February 1993 a Treaty was signed in Bratislava between the Government of the Czech Republic and the Government of the Slovak Republic on the cooperation of criminal preparatory management bodies.
The Treaty entered into force on 22 February 1993 pursuant to Article 16 thereof.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Government of the Czech Republic and the Government of the Slovak Republic on the cooperation of criminal preparatory management bodies
Government of the Czech Republic and Government of the Slovak Republic
led by a desire to facilitate the cooperation of the preparatory management bodies of both Parties
agree on the following:
The Contracting Parties undertake to cooperate with each other in preparatory criminal proceedings in the investigation and search of criminal offences under the provisions of this Treaty.
(1) The cooperation provided for in Article 1 shall take place between the Minister of the Interior of the Czech Republic, on the one hand, and the Minister of the Interior of the Slovak Republic, on the other. Diplomatic travel is not excluded.
(2) The Minister for the Interior of the Czech Republic and the Minister for the Interior of the Slovak Republic will make arrangements for the direct handling of these matters by their subordinate bodies.
(1) Cooperation between the law enforcement authorities of the two Parties shall include, in particular, the questioning of the accused persons and witnesses, the request for expert opinions, examination, examination, inspection, detention, the transmission of provisions, documents or other objects necessary for criminal proceedings, the service of documents and the transmission of copies of the criminal record.
(2) For the purposes of this Treaty, law enforcement authorities shall mean the investigator or the search authority.
Cooperation shall not be provided if:
(a) the act to which the request relates is not a criminal offence under the law of the requested State;
(b) the processing of an application could constitute an intervention in the sovereignty of the requested State, threaten its security, oppose the principles of its rule of law or violate other essential interests of the requested State.
(1) Requests for cooperation shall be made in writing and shall include:
(a) the designation of the applicant and requested authorities;
(b) the description of the criminal case and a brief description of the offence, indicating the place and time of its commission;
(c) legal assessment of the offence;
(d) where possible, precise details of the accused person, his citizenship and his place of residence or residence;
(g) the name and address of any lawyer,
(f) the subject-matter of the request and, where appropriate, any other information necessary for its execution.
(2) The request for cooperation shall be signed by the competent law enforcement authority and stamped.
(3) A copy or a copy of the order of the applicant authority shall be attached to the request for inspection of the persons or rooms or for securing the case.
(1) The rights of the requested Contracting Party shall apply when the request is made pursuant to Article 1. If the law of the requested Contracting Party does not prevent this, its procedural provisions may be applied at the request of the requesting Contracting Party's authority.
(2) If the requested Contracting Party's authority is not competent to process the request, it shall forward it to the competent authority and inform the requesting Contracting Party's authority accordingly.
(3) If the address of the person to whom the application is made is not given precisely or if it appears incorrect, the authority of the requested Contracting Party shall, as far as possible, identify the correct address.
(4) The requested authority shall inform the requesting authority, at its request, in due time for the location and time of the request.
(5) Persons involved in criminal proceedings and their legal representatives, the prosecutor and the law enforcement authorities within the meaning of this Treaty may, if necessary, be present when the request is made. They may initiate supplementary questions.
(6) The presence of representatives of the authorities of the requesting Contracting Party referred to in paragraph 5 in the process of handling the request shall require the agreement of the leading competent authority of the requested Contracting Party in both the Czech Republic and the Slovak Republic.
(7) In justified cases, the requested Contracting Party may allow the law enforcement authority of the requesting Contracting Party to carry out a procedural act within its territory.
(8) If it is not possible to complete the request in whole or in part, the requesting authority shall be informed thereof, stating the reasons.
The service shall be demonstrated either by a certificate of service, which shall bear the date and signature of the person delivering it and the signature of the consignee or by a confirmation of the requested authority from which it is clear that the service has been carried out, its form and time.
(1) Documents to be sent to addressees resident in the territory of the other Contracting Party may be sent directly by post in accordance with the rules applicable to postal services.
(2) Where it is necessary for a person who is resident in the territory of one of the Contracting Parties to appear in person to the criminal authority of the other Contracting Party for the purpose of questioning as a defendant, witness or expert, the requesting authority may request that the person be served by the competent authority of the requested Contracting Party.
(3) Where a witness or expert is summoned, the summons shall indicate the extent to which he is entitled to reimbursement of travel and subsistence expenses, to compensation for the time wasted and to the expert, in addition to remuneration for the expert. The requesting Contracting Party shall, at its request, provide the requested witness or expert with an advance payment to cover travel and subsistence costs.
(1) A person summoned as a defendant, witness or expert who has received, in the territory of one of the Contracting Parties, a summons to an authority acting in criminal proceedings of the other Contracting Party and has followed that summons must not be prosecuted or taken into custody in the territory of that Contracting Party or otherwise subject to restrictions on his personal freedom for an act committed prior to its entry into its territory or for any other earlier reason.
(2) However, the prosecution, arrest or other restriction of the personal freedom of the person summoned is admissible
(a) for an act which is the subject of a subpoena of a person as accused; or
(b) if the person called upon after notification to the criminal authority that his presence is no longer necessary, he remains in the territory of the requesting Contracting Party for more than 15 days, even though he was able to leave the territory; or
(c) if, after leaving the territory of the requesting Contracting Party, it returns voluntarily or is legally returned there.
(1) Where a witness to be summoned is present in the territory of the requested Contracting Party on the basis of a decision by a court in custody or in the execution of a custodial sentence, he shall, if he agrees, be transmitted to the requesting Contracting Party on request for questioning, unless urgent grounds prevent that.
(2) The witness shall continue to be held in custody or in the execution of a custodial sentence in the territory of the requesting Contracting Party and shall be referred back to the requested Contracting Party immediately after questioning.
(3) The non-consent of the witness to the surrender for questioning referred to in paragraph 1 shall not preclude the procedure laid down in Article 6 (7) of this Treaty.
The costs arising from the processing of the application shall be borne by the requested Contracting Party, with the exception of those incurred by the removal of the expert or the transfer of a person in custody or in the execution of the sentence of imprisonment.
The Contracting Parties shall provide each other, in accordance with national law, upon request of copies of the criminal record of persons against whom criminal prosecution is conducted in the State of the requesting Contracting Party. Copies may be used only for criminal proceedings.
(1) The Contracting Party shall, at the request of the other Contracting Party, send files, documents or other items which may serve as evidence for criminal proceedings in the requesting Contracting Party. Documents and other items shall be sent even if they are subject to security or forfeiture in the requested Contracting Party.
(2) The files or documents shall be sent in the original unless the requesting Contracting Party expressly states in the request that a copy of the requested document is sufficient for the purposes of criminal proceedings.
(3) The requested Contracting Party may delay the files, documents or other items required in that Contracting Party for the duration of the proceedings. However, this shall not exempt the requesting Contracting Party from the obligation to provide at least a copy of the document, a copy of the visual, audio or audiovisual record or other necessary information on the requested object for the purposes of criminal proceedings conducted by the requesting Contracting Party, in particular where such proceedings are binding or there is any other risk of delay.
(4) The rights of the requested Contracting Party or third parties to the documents or articles sent shall remain unaffected. The files, documents or articles sent shall be returned to the requested Contracting Party as soon as possible if they are not surrendered.
The authorities referred to in Article 2 shall, upon request, provide each other with information on their criminal law and law on criminal proceedings.
This contract is for an indefinite period. The Contracting Parties may at any time denounce it in writing by diplomatic means, the contract being terminated six months after the date of receipt of the notice.
This Treaty shall enter into force on the date of signature of the two Contracting Parties.
Done at Bratislava, 22 February 1993 in duplicate, each in the Czech and Slovak languages, the two texts being equally authentic.
For the Government of the Czech Republic:
Václav Klaus v. r.
Prime Minister of the Czech Republic
For the Government of the Slovak Republic:
Vladimir Meciar v. r.
Prime Minister of the Slovak Republic
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 131 / 1993 Coll., on the negotiation of a Treaty between the Government of the Czech Republic and the Government of the Slovak Republic on the Cooperation of the Bodies of the Preparatory Management of Criminal |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.1993 |
|---|---|
| Effective from | 22.02.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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