Communication from the Federal Ministry of Foreign Affairs No. 147 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on Legal Assistance in Civil, Family and Criminal Matters
Valid
Effective from 27.04.1990
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147
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 18 April 1989 the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on Legal Assistance in Civil, Family and Criminal Matters was signed in Berlin.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Prague on 28 March 1990.
The Treaty entered into force on 27 April 1990 pursuant to Article 95 (1) thereof. On that date, the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters of 11 September 1956, published on 38 / 1957 Coll. and the Protocol amending and supplementing the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters, signed in Prague on 11 September 1956, of 10 December 1975, published on 133 / 1976 Coll.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czechoslovak Socialist Republic and the German Democratic Republic on legal aid in civil, family and criminal matters
Czechoslovak Socialist Republic and German Democratic Republic
building on the objective of further developing brotherly relations under the Treaty of Friendship, Cooperation and Mutual Assistance of 3 October 1977,
led by the desire to deepen cooperation between the two States in the field of legal relations in civil, family and criminal matters,
have decided to conclude this contract.
To this end, they appointed their agents:
Czechoslovak Socialist Republic
ing. František Langer, CSc.,
extraordinary and authorised ambassador
Czechoslovak Socialist Republic
in the German Democratic Republic,
Germany
Dr. Hans Joachim Heusinger,
Vice-Chairman of the Council of Ministers of the German Democratic Republic and Minister of Justice,
who, following the exchange of their full powers, found in good and proper form, have agreed as follows:
GENERAL PROVISIONS
1. THE OBJECTIVE OF COOPERATION
(1) The cooperation of the Contracting States in providing legal assistance in civil, family and criminal matters is intended to assist the authorities of the Contracting States in their activities in the pursuit of socialist legality and the citizens of the Contracting States in ensuring their rights and legitimate interests.
(2) The central judicial authorities under this Treaty are on the side of the Czechoslovak Socialist Republic, the Prosecutor General of the Czechoslovak Socialist Republic, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic, the Ministry of Justice and the Prosecutor General of the German Democratic Republic.
(3) The judicial authorities under this Treaty are courts, prosecutors and state notaries of the Contracting States.
(1) The central judicial authorities of the Contracting States will exchange experience in the field of legislation and legal practice within their scope and develop new forms of cooperation and coordination.
(2) The central judicial authorities of the Contracting States may enter into arrangements under this Treaty and for its implementation.
2. LEGISLATION
Scope of legal protection
(1) State citizens of one Contracting State enjoy the same legal protection in the territory of another Contracting State as their own citizens. They shall have free access to the authorities of the other Contracting State whose jurisdiction is given in civil, family and criminal matters; they may present and submit applications and proposals before them and carry out other procedural acts under the same conditions as its own citizens.
(2) A State citizen of a Contracting State shall be any person who, under the law of that State, has his citizenship.
(3) The provisions of this Treaty apply mutatis mutandis to legal persons established under the law of one of the Contracting States.
Exemption from the guarantee
The national citizens of one Contracting State who appear before the judicial authorities of the other Contracting State may not, if they are resident or resident in the territory of one of the Contracting States, be subject to a security for the costs of the proceedings because they are foreigners or do not reside in the territory of the Contracting State before which they appear.
Exemption from costs
(1) The judicial authorities in the territory of the other Contracting State grant exemptions to nationals of one Contracting State, as well as other advantages in terms of costs, under the same conditions and to the same extent as their own citizens.
(2) The exemption provided for in paragraph 1 shall apply to all stages of proceedings to be carried out in such proceedings before the judicial authorities of the other Contracting State, including enforcement proceedings.
(1) Certificates of personal and property conditions required for the authorisation of an exemption pursuant to Article 5 shall be issued by the competent authority of the Contracting State in whose territory the applicant is resident or resident.
(2) If the applicant is not resident or resident in the territory of any Contracting State, the confirmation of the diplomatic mission or consular representation of the Contracting State of which he is a national shall be sufficient.
(3) The competent judicial authority which decides on a request for exemption pursuant to Article 5 may request additional information from the authority issuing the certificate.
(1) An application for exemption under Article 5 may be lodged with the competent judicial authority of the Contracting State of which the applicant is a national citizen. That authority shall send an application with the certificate referred to in Article 6 and the other documents submitted by the applicant to the competent judicial authority of the second Contracting State in accordance with Article 11 (1).
(2) At the same time as the request for exemption referred to in Article 5, an application may be made for the initiation of proceedings in respect of a case covered by the exemption, as well as a request for the provision of a legal representative or other application.
3. LEGAL ASSISTANCE
Provision of legal assistance
(1) The judicial authorities shall provide each other with legal assistance in civil, family and criminal matters.
(2) The judicial authorities will also provide legal assistance to other bodies having jurisdiction in civil, family and criminal matters.
Scope of legal aid
Legal aid shall include the service of documents and the execution of individual procedural acts, in particular the questioning of the parties, the accused, the defendants, witnesses and experts, the provision of expert opinions, the conduct of judicial investigations, the sending and issuing of evidence, the inspection and other procedural acts.
Address, employer and income detection
(1) Legal assistance shall include the detection of the residence of persons in the territory of one Contracting State against whom they exercise or are to exercise civil or family rights of persons residing in the territory of the other Contracting State. The requesting authorities shall be required to provide data for the identification of the stay.
(2) Legal aid shall also include the identification of the employer of the maintenance debtor who is or is to be exercised by the creditor who is resident or resident in the territory of the other Contracting State. This obligation also includes the determination of the monthly income achieved by the debtor over the last three years.
Type of contact
(1) In providing legal assistance, the judicial authorities of the Contracting States shall meet directly, unless otherwise specified in each case.
(2) The authorities referred to in Article 8 (2) shall contact the judicial authorities of the Contracting States directly, unless otherwise specified in each case.
(3) In the areas of the application and enforcement of claims for nutritious minors, the Ministry of People's Education, the Youth Aid Department, home education and special schools are directly associated with the Czechoslovak Socialist Republic.
(4) The Ministers of Justice and the Prosecutor General of the Contracting States shall meet within their jurisdiction in matters relating to the issuing and taking over of criminal proceedings.
(5) The persons referred to in paragraph 4 may agree that the courts or prosecutors of the Contracting States shall meet directly on taking over the criminal prosecution.
Language
The authorities of the Contracting States shall use their own language in mutual legal proceedings, unless otherwise specified.
Content and form of legal aid application
(1) Applications for legal aid shall contain the following information:
1. the designation of the applicant authority;
2. the designation of the requested judicial authority;
3. an indication of the case in which legal aid is sought;
4. the name and surname, date and place of birth, citizenship, employment, residence or residence of the parties to the proceedings, the accused, the accused, the convicted, the injured, witnesses or other persons, and, if necessary, the names and surnames, the place and date of birth of the parents;
5. name, surname and address of representatives.
(2) In addition to the information referred to in paragraph 1, the request for service of documents shall contain the exact address of the consignee and the identification of the documents to be served.
(3) In addition, the application for individual procedural acts shall contain the facts to be proved or the acts to be carried out, the state of the case, if necessary, and, in criminal matters, a description of the facts committed by the criminal offence and its legal qualifications.
(4) The application for legal aid shall be signed and stamped by the requesting authority.
(5) The judicial authorities of the Contracting States shall use, when requesting legal assistance, bilateral forms the models of which shall be exchanged between the Contracting States.
Processing of legal aid applications
In providing legal assistance, the requested judicial authority shall act in accordance with its national law. The requested judicial authority shall apply, at the request of the applicant authority, the procedural rules of the Contracting State of the applicant authority, in so far as the application is not contrary to the fundamental principles of the rule of law of the Contracting State of the requested judicial authority.
(1) If the requested judicial authority is not competent to process the request, it shall forward it to the competent judicial authority and inform the requesting authority accordingly.
(2) The requested judicial authority shall, at the request of the applicant authority, inform the requesting authority in due time and place of the request.
(3) If the person indicated in the application cannot be found at that address, the requested judicial authority shall take the necessary measures under national law to establish the address.
(4) Where legal assistance is not possible, the requested judicial authority shall inform the applicant authority of the reasons which prevent the processing of the request and return the documents to the applicant authority at the same time.
Service of documents
(1) All documents in proceedings with participants staying in the territory of the second Contracting State shall be served in accordance with Articles 13, 14 and 15.
(2) If the document served is not written in the language of the Contracting State of the requested judicial authority and is not accompanied by a certified translation, the requested judicial authority shall transmit the document to the recipient only if it is willing to accept it. In the event of non-receipt, service shall be effected.
Proof of service
The service shall be demonstrated either by a acknowledgement of receipt, which shall include the place and date of service, the signature of the consignee and the bearer, as well as an imprint of the official stamp of the requested judicial authority, or by a protocol of that authority showing the form, place and date of service of the document and the signature of the consignee.
Authorisation of diplomatic mission or consular representation
(1) Contracting States are entitled to service documents to their own national citizens who reside in the territory of the second Contracting State through their diplomatic mission or consular representation.
(2) Contracting States shall be entitled to question their own nationals who are present in the territory of the second Contracting State through their diplomatic mission or consular representation.
(3) In the cases referred to in paragraphs 1 and 2, enforcement measures may not be used or threatened.
Protection of witnesses and experts
(1) A witness or expert of any nationality who, following a summons to the requested judicial authority, appears to the authority of the requesting Contracting State in civil, family or criminal matters, may not be prosecuted, arrested or punished in the territory of that State for infringement of the law which occurred before crossing the national border of the requesting Contracting State. Similarly, those persons may not be prosecuted, taken into custody or punished in connection with their testimony or expert opinion, as well as for the criminal case which is the subject of the proceedings.
(2) The witness or expert shall lose the protection referred to in paragraph 1 if, despite the possibility given, he has not left the territory of the Contracting State of the requesting judicial authority within seven days of being informed that his presence is no longer necessary. The period of time within which a witness or expert could not leave that territory for reasons which are not there shall not be counted.
(3) The summons of a witness or expert shall not contain a threat of coercion in the event of failure to appear.
Reimbursement of expenses of witnesses and experts
The persons referred to in Article 19 shall be entitled to reimbursement of travel and subsistence expenses as well as missed wages; experts shall also be entitled to expert fees. The summons shall specify the replacement of the person summoned; provide, at its request, the requesting judicial authority with an advance payment to cover the expenditure concerned.
Temporary transfer of witnesses
Where a person is in custody or in the execution of a custodial sentence in the territory of one Contracting State and is summoned by the judicial authority of the other Contracting State as a witness, he may be temporarily transferred, provided that he is held in custody and is transmitted immediately after questioning to the Contracting State of the requested judicial authority.
Legal aid costs
(1) The requested judicial authority will not seek compensation for the granting of legal aid. The Contracting States shall reimburse all costs incurred in providing legal assistance in their territory.
(2) The requested judicial authority shall notify the applicant authority of the amount of costs incurred. If the applicant authority withdraws these costs from the debtor, they shall remain the Contracting State whose authority has exercised them.
4. INFORMATION
Legal information
The central judicial authorities of the Contracting States shall, upon request, communicate information on the legislation applicable or in force in their State and on the legal practice of their authorities.
Information on judgments
(1) The Contracting States shall keep informed of final judgments in criminal matters brought by their courts against the citizens of the second Contracting State.
(2) Upon request, the information referred to in paragraph 1 may be provided in justified cases on a person who is not a national citizen of the requesting Contracting State.
(3) The Contracting States shall, upon request, send their fingerprints to the persons referred to in paragraphs 1 and 2 as far as possible.
Information from the criminal record
The Contracting States shall, upon request, communicate free of charge information from the criminal record of persons who have previously been convicted by the courts of the second Contracting State.
5. LISTS
Exemption from verification
(1) The documents which have been drawn up or authenticated in the territory of a Contracting State and stamped by a State authority or by a legal order authorised by a person in the form laid down by law do not require verification in the territory of the other Contracting State. This also applies to the verification of signatures, copies and translations of documents.
(2) The instruments referred to in paragraph 1 shall have the same validity in the territory of the second Contracting State as the corresponding instruments in that Contracting State.
Sending personal documents
(1) The competent authorities of the Contracting States shall send each other, immediately after the registration and subsequent additions or amendments made, an extract of the matrices relating to nationals of the other Contracting State.
(2) At the request of the judicial authorities and other authorities of the other Contracting State, the matrix extracts for official use shall be sent free of charge by the matrix authorities of the Contracting States.
(3) The extracts referred to in paragraphs 1 and 2 shall be sent by diplomatic or consular channels.
Requests by citizens to send documents for personal status and other documents
(1) The national citizens of one Contracting State may send directly to the competent authorities of the other Contracting State applications for the issue and dispatch of documents relating to the personal status or other documents relating to the personal rights and interests of such persons (permanent employment documents, etc.). If the requested authority is not competent to handle the request, it shall forward it to the competent authority and inform the applicant accordingly.
(2) Such documents shall be sent by diplomatic or consular channels.
Sending personal status decisions
(1) The courts of one Contracting State shall, upon request, send a communication free of charge to the authorities on decisions on the personal status of nationals of the other Contracting State.
(2) When sending and handling applications pursuant to this Article, the authorities referred to in Article 11 shall proceed.
APPLICATION OF RIGHTS AND POWERS
1. MATTER OF PERSONAL STATUS
Eligibility for rights and legal acts
The eligibility of a natural person to have rights and obligations and legal capacity shall be governed by the law of the Contracting State of which he is a national.
Legal capacity of legal persons
The legal capacity of a legal person shall be governed by the law of the Contracting State under which it was established.
Withdrawal of legal capacity
Unless otherwise provided for in this Treaty, the power to take action for the waiver or recovery of legal capacity shall be conferred on the judicial authority of the Contracting State whose national citizen is the person whose capacity it is to decide.
(1) If the judicial authority of a Contracting State finds that a national of a second Contracting State residing in its territory has grounds for depriving or returning his / her legal capacity, it shall inform the competent judicial authority of the other Contracting State. In urgent cases, the judicial authority may take precautionary measures to protect that person or his property, which it shall inform the competent judicial authority of the other Contracting State.
(2) If the judicial authority of the second Contracting State, having informed the other Contracting State referred to in paragraph 1, has not initiated proceedings within three months or expressed its views within that period, it may carry out proceedings for the waiver or repayment of legal capacity by the judicial authority of the Contracting State in whose territory the person whose capacity it is to decide is resident.
(3) The waiver or refund of legal capacity referred to in paragraph 2 may be declared only for reasons which are determined by the laws of the two Contracting States. The decision shall be sent to the competent judicial authority of the other Contracting State.
Where the law of a Contracting State provides for restrictions on legal capacity, Articles 32 and 33 shall apply mutatis mutandis.
Declaration for missing, dead and proof of death
(1) A court of the Contracting State whose national citizen was a person at the time when, according to the latest reports, he was still alive is given jurisdiction to declare him dead.
(2) The Court of First Instance of one Contracting State may declare a national of the other Contracting State dead:
1. on the application of a person claiming the right of inheritance or matrimonial property to the property of a missing person situated in the territory of that Contracting State;
2. on the application of a missing spouse who, at the time of the application, resides in the territory of that Contracting State.
(3) The declaration of the missing person's death follows the rule of law of the contract state, whose national citizen was still alive at the time he was last reported.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the declaration of the missing person and to the proof of death.
(5) Decisions given pursuant to paragraph 2 shall have legal consequences only in the territory of the Contracting State whose court has ruled in the case.
2. LEGAL TASKS
Form of legal acts
(1) The form of the act is governed by the law of the Contracting State governing the legal relationship. The form shall also be maintained if the relevant legislation of the Contracting State in whose territory the act has been taken is complied with.
(2) The form of the legal act relating to the property is governed by the law of the Contracting State in whose territory the property lies.
Legal relations with real estate
(1) Legal relations with real estate are governed by the law of the Contracting State in whose territory the property lies.
(2) The jurisdiction of the judicial authority of the Contracting State in whose territory the property is situated shall be conferred on legal proceedings under paragraph 1.
(3) The determination of whether the property is movable or immovable property is governed by the law of the Contracting State in whose territory the matter is situated.
_
Marriage
(1) Proposals for marriage shall be governed by the law of the Contracting State of which he is a citizen of the State for everyone who marries; as regards obstacles to the conclusion of a marriage, the law of the Contracting State in whose territory the marriage is concluded must be respected.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No. 147 / 1990 Coll., on the Treaty between the Czechoslovak Socialist Republic and the German Democratic Republic on Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1990 |
|---|---|
| Effective from | 27.04.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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