Decree of the Minister for Foreign Affairs No. 17 / 1984 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria on Legal Assistance in Civil, Family and Criminal Matters
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Effective from 23.11.1983
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17
DECLARATION
Minister for Foreign Affairs
of 9 December 1983
on the Treaty between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria on Legal Assistance in Civil, Family and Criminal Matters
On 4 February 1981, the Treaty between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria on Legal Assistance in Civil, Family and Criminal Matters was signed in Algiers.
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 24 October 1983.
The Treaty entered into force on 23 November 1983 pursuant to Article 50 (2) thereof.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria on legal assistance in civil, family and criminal matters
Czechoslovak Socialist Republic
and
the People's Democratic Republic of Algeria,
led by the desire to develop friendly relations between their peoples and, in an effort to deepen cooperation between the two states in the field of legal relations, decided to conclude this Treaty.
To that end, appointed agents shall:
for the Czechoslovak Socialist Republic
Bohuslav Chupek,
Minister for Foreign Affairs,
for the People's Democratic Republic of Algeria
Boualem Baki,
Minister of Justice,
After exchanging their full powers, which have been found to be in good and proper form, they have agreed on the following:
CHAPTER I
GENERAL PROVISIONS
(1) The citizens of each Contracting Party shall enjoy the same legal protection in the territory of the other Contracting Party of their personal and property rights as their own nationals.
(2) The citizens of each Contracting Party shall have free access to the courts and other bodies competent in civil, family and criminal matters referred to in this Treaty by the term "judicial authorities', as well as the right to bring proceedings before them in order to protect their personal and property rights.
National citizens of one of the Contracting Parties who appear before the judicial authorities of the other Contracting Party and who reside in the territory of one of the Contracting Parties shall not be required to lodge any security solely because they are foreigners or because they are not resident or resident in that territory.
The provisions of Articles 1 and 2 of this Treaty shall apply to legal persons established under the law of the Contracting Party in whose territory their registered office is situated.
(1) In mutual contact, the authorities of the Contracting Parties shall use one of the languages of the Contracting Parties or of the French language. If the document is drawn up in the language of the requesting Contracting Party, it shall be translated into the language of the requested Contracting Party or into the language of the French.
The documents must be signed and stamped.
(2) The translation shall be verified by an official translator of the issuing authority or by a diplomatic mission or consular post of one of the Contracting Parties.
Legal aid
(1) The judicial authorities of the Contracting Parties shall grant mutual legal assistance in civil, family and criminal matters under the conditions laid down in this Treaty.
(2) Other institutions active in civil, family and criminal matters provide legal assistance through judicial authorities.
(3) The Parties shall provide each other with legal assistance through the performance of individual procedural acts, in particular by drawing up, sending and delivering documents, carrying out expert evidence, interviewing participants, accused persons, witnesses and experts, executing decisions, issuing criminal offences, withdrawing and submitting factual evidence.
Method of contact
(1) The judicial authorities shall associate themselves with each other through their central bodies when providing legal assistance.
(2) The central authorities within the meaning of this Treaty are:
(a) by the Czechoslovak Socialist Republic, the Ministry of Justice of the Czech Socialist Republic, the Ministry of Justice of the Slovak Socialist Republic and, in criminal matters, the General Prosecutor of the Czechoslovak Socialist Republic;
(b) by the People's Democratic Republic of Algeria, the Ministry of Justice.
(1) The Contracting Parties shall report to each other on final judgments in criminal matters brought by the courts of one Contracting Party over the nationals of the other Contracting Party.
(2) At the request of one of the Contracting Parties, the other Contracting Party shall inform it of judgments which have not yet acquired legal authority if they have been brought before the requesting Contracting Party's national citizens.
(3) An extract from the criminal record of one Contracting Party may be sent at the request of the other Contracting Party in the cases and under the conditions laid down in the law of the requested Contracting Party not only in cases of criminal prosecution.
The central authorities of the two Contracting Parties shall provide each other, upon request, with information on the laws and other legislation applicable or in force in their territory, as well as information on legal practice.
The provision of legal assistance in civil, family and criminal matters may be refused by the requested Party if it infringes the sovereignty or security of that Party or is contrary to the fundamental principles of its rule of law.
CHAPTER II
REQUEST FOR LEGAL ASSISTANCE AND SUSPENSION OF THE COURT AND MIMOUSAL DOCUMENTS
(1) The application for legal aid shall include the designation of the applicant authority, the requested authority, the case in which the legal aid is sought, the names of the participants, their nationality, employment and residence, the names of their representatives and the type of legal assistance requested.
(2) The application for legal aid in criminal matters shall also include the identification and description of the offence, the place and time of birth of the defendant and, where possible, the name of his parents.
(3) The application for legal aid shall be signed and stamped.
(1) The authority of the requested Contracting Party shall apply its own legislation when dealing with requests for legal aid. However, at the request of the applicant authority, it may proceed in the manner indicated in the request, unless this is contrary to the law of the requested Contracting Party.
(2) If the authority to which the application has been sent is not competent for the procedure, the application shall be forwarded to the competent authority.
(3) If the exact address of the person mentioned in the request is not known, the authority of the requested Contracting Party shall take the necessary steps to ascertain it. If the addressee cannot be identified, he shall inform the requesting authority thereof and return the request for legal aid at the same time.
(4) The authority of the requested Contracting Party shall, at the request of the requesting Contracting Party, inform the authority of the requesting Contracting Party in good time of the place and time of execution of the request, so that the interested party can participate or be represented.
(5) Upon completion of the request, the requested Contracting Party's authority shall return the files to the requesting Contracting Party's authority. In the case where the request cannot be complied with, it shall return the files and state the reasons which prevented the hearing.
The Contracting Parties shall not require payment of the costs of making legal aid requests. These costs shall be borne by the requested Contracting Party.
(1) The requested authority shall service the documents in accordance with the provisions of its law if they are drawn up in the language of the requested Contracting Party or if they are accompanied by a certified translation in that language or in a French language.
(2) Documents sent under this Treaty must be signed and stamped by the competent judicial authority and certified in the Czechoslovak Socialist Republic by the Ministry of Justice of the Czech Socialist Republic or the Ministry of Justice of the Slovak Socialist Republic and in the Algerian Democratic and People's Republic by the Ministry of Justice.
(3) The service shall be proved by a certificate signed by the consignee and bearing an official stamp, date and signature of the service authority or by a certificate issued by that authority proving the method, place and time of service. If the document in service is sent in duplicate, the acknowledgement of receipt and the service carried out may also be made at the second copy.
The Contracting Parties shall be entitled to service documents to their own nationals through their diplomatic missions or consular posts. In this case, enforcement measures cannot be used.
(1) The Contracting Parties shall send each other an extract from the register concerning their national citizens. Statements shall be sent free of charge by diplomatic channels.
(2) The Contracting Parties shall, at the request of the competent authorities, send each other extracts from the register as well as other documents relating to the nationals of the other Contracting Party. The documents shall be sent free of charge by diplomatic channels.
(3) Requests from State citizens of the Contracting Parties for the transmission of statements of documents or other documents may be sent directly to the competent authority of the other Contracting Party. The requested documents shall be sent to the applicant via a diplomatic mission or consular post of the Contracting Party whose authority issued the required document. The diplomatic mission or consular post shall, when the document is transmitted, levy a fee.
The central authorities of the Contracting Parties shall assist each other, upon request, in identifying the addresses of persons present within their territory if this is necessary to exercise the rights of their national citizens.
(1) Documents issued or authenticated by the competent authority of one of the Contracting Parties and signed and stamped shall not require verification in the territory of the other Contracting Party. The same applies to copies and translations of documents certified by the competent authority.
(2) The instruments which are considered to be public in the territory of one of the Contracting Parties have the power of proof in the territory of the other Contracting Party.
CHAPTER III
PROTECTION OF CERTIFICATE AND KNOWLEDGE
A witness or expert who is present in the territory of the requested Contracting Party and who is acting in civil, family or criminal proceedings before the judicial authorities of the requesting Contracting Party shall not be prosecuted or penalised, following a summons made to him by the judicial authority of the requested Contracting Party, in spite of his or her nationality, nor shall he or she be punishable by a criminal offence previously imposed by a court for an offence committed before crossing the national borders of the requesting Contracting Party. Similarly, a witness and expert may not be prosecuted for facts relating to the submission of a witness or expert opinion or for an offence which is the subject of proceedings.
(1) The witness or expert shall no longer be protected in accordance with Article 18 if, if he was able to do so, the territory of the requesting Contracting Party within 15 days of being informed that his presence is no longer necessary.
(2) Within the period referred to in paragraph 1, no account shall be taken of the period during which a witness or expert could not leave the territory of that Party for reasons independent of his will.
CHAPTER IV
PROVISION OF LEGAL AID
State citizens of one of the Contracting Parties shall be granted free legal aid, exemption from fees and charges, in respect of their property ratios to the same extent and under the same conditions as the State citizens of that other Contracting Party, before the judicial authorities of the other Contracting Party.
(1) If a national of one of the Contracting Parties who is resident or resident in the territory of the other Contracting Party wishes to enjoy the benefits referred to in Article 20 before the judicial authority of that Contracting Party, he may apply in writing to the judicial authority responsible for his residence or residence in accordance with the law of that State. The judicial authority which sends the application to the applicant shall obtain a translation of the application, the certificate referred to in Article 22 and any annexes to the language of the requested Contracting Party and, where this is not possible, the French language.
(2) The judicial authority handling the application referred to in paragraph 1 shall send it with the certificate referred to in Article 22 and with any annexes to the judicial authority of the other Contracting Party.
(1) The certificate of property ownership required to obtain the benefits referred to in Article 20 shall be issued by the competent authority of the Contracting Party in whose territory the applicant is resident or resident.
(2) Where the applicant is resident or resident in the territory of a third State, it is sufficient that the certificate is issued by a diplomatic mission or by the competent consular office of the Contracting Party to which the applicant is a national citizen.
The judicial authority with which legal aid is requested and the benefits referred to in Article 20 shall act in accordance with the legal order of its State and may, if necessary, contact the competent judicial authorities of the other Contracting Party for additional information.
CHAPTER V
RECOGNITION AND PERFORMANCE OF THE DECISION
(1) Under the conditions laid down in this Treaty, the Contracting Parties shall recognise and enforce in their territory the following decisions, issued in the territory of the other Contracting Party:
(a) judgments of the courts in civil and family matters;
(b) judgment of the courts in criminal matters on damages and recovery of property.
(2) Decisions of the courts within the meaning of paragraph 1 shall also be taken in matters of succession given by the judicial authorities of the Contracting Parties which, under their laws, have jurisdiction in matters of succession.
Decisions referred to in Article 24 of this Treaty shall be recognised and enforced on conditions that:
(a) the decision shall be final and enforceable in accordance with the law of the Contracting Party in whose territory it is issued;
(b) the party against whom the decision has been given and who has not taken part in the proceedings has been sent in due time and properly in accordance with the law of the Contracting Party in whose territory the decision has been given and has been duly represented in the event of a procedural incapacity;
(c) in the same case, of the same subject matter and for the same reason it has not previously been given between the same parties a final decision by the competent judicial authority of the Contracting Party in whose territory the decision is to be recognised and enforced;
(d) the recognition or enforcement of the decision is not contrary to the fundamental principles of the rule of law and the public policy of the Contracting Party in whose territory the decision is to be recognised and enforced.
(1) An application for recognition and enforcement may be made directly to the judicial authority of the Contracting Party in whose territory the decision is to be enforced or to the court which has given the decision; the application shall be forwarded to the court of the other Contracting Party in accordance with Article 6 of this Treaty.
(2) The application shall be accompanied by:
(a) an original or a certified copy of the decision, together with a certificate of enforceability, where this does not result from the decision itself;
(b) proof that the party against whom the decision has been given and who has not taken part in the proceedings has been served in good time and is duly represented in the event of a procedural incapacity;
(c) a certified translation of the documents referred to in points (a) and (b) into the language of the requested Contracting Party and where this is not possible in the French language.
(3) An application for enforcement may be made at the same time as a request for its recognition.
(1) The judicial authority of the Contracting Party in whose territory the decision is to be recognised and enforced shall carry out recognition and enforcement in accordance with the law of its State.
(2) The judicial authority which decides on the application for recognition and enforcement shall only ascertain whether the conditions laid down in Articles 25 and 26 of this Treaty have been met.
The provisions of this Agreement on the enforcement of decisions shall be without prejudice to the laws of the Contracting Parties relating to the transfer of money or the export of items obtained from the enforcement of decisions.
(1) Where a party, exempt from the security provided for in Article 2 of this Treaty, is sentenced to pay the legal costs by a final judgment given by a court of one of the Contracting Parties, the decision shall be enforceable free of charge in the territory of the other Contracting Party at the request of the party for whose benefit the decision has been given.
(2) The judicial authority which decides on the enforcement of the decision referred to in paragraph 1 shall be limited to determining whether the decision on judicial costs is final and enforceable.
(3) Article 26 of this Treaty shall apply to the application for recognition and enforcement of the decision and to the attached documents.
CHAPTER VI
ISSUING
The Contracting Parties undertake to issue each other, in accordance with the provisions of this Treaty, persons who reside in their territory and who are to be prosecuted or are to be punished.
(1) Issue for prosecution shall be admissible only for offences for which a custodial sentence of more than two years may be imposed under the laws of both Parties.
(2) Issue for the enforcement of a sentence shall be admissible only for offences under the laws of the two Contracting Parties for which the requested person has been sentenced to imprisonment in excess of one year.
They may not be issued:
(a) persons who, at the date of receipt of the request for extradition, are nationals of the requested Contracting Party;
(b) persons without citizenship who are resident on the territory of the requested Contracting Party;
(c) persons who have acquired the right of asylum in the territory of the requested Contracting Party.
The issue shall be inadmissible if:
(a) the act has been committed in the territory of the requested Contracting Party;
(b) the offence for which extradition is sought has been committed outside the territory of the requesting Contracting Party and the law of the requested Contracting Party does not permit the prosecution of a similar offence committed outside its territory;
(c) the law of one of the Contracting Parties does not permit extradition;
(d) in accordance with the laws of both Contracting Parties, criminal proceedings may be initiated only on the basis of a request from the injured party;
(e) the act for which extradition is sought shall, under the law of one of the Contracting Parties, be suspended or amnesty, or where there is another legal reason which does not permit the prosecution or enforcement of the sentence;
(f) a final decision or judicial authority of the requested Contracting Party has been given for the same act against the person for whom extradition is sought or has stopped prosecution.
(1) The request for extradition shall be sent by diplomatic means. It shall include the name of the person to be issued, the date and place of birth, his citizenship, the residence or residence details, the facts of the offence and the damage caused by the offence.
(2) The request for extradition shall be accompanied by a certified copy of the arrest warrant describing the offence committed, the evidence and the text of the provisions of the law applicable to the offence; If property damage has been caused by a criminal offence, the amount shall be indicated.
(3) The application for enforcement shall be accompanied by a certified original of the final judgment and by the texts of the provisions of the law applicable to the offence. If the sentenced part of the sentence has been served, it must also be reported.
(4) The requesting Contracting Party shall not be obliged to add evidence of the blame of the requested person to the request for extradition.
(5) If the request for extradition does not contain all the necessary information, the requested Contracting Party may request additional information and may set a time limit of 45 days for its communication. That period may be extended by a maximum of one month at the reasoned request of the requesting Contracting Party.
Upon receipt of a request for extradition, if the conditions for extradition have been fulfilled, the requested Contracting Party shall proceed without delay to arrest the person referred to in the request for extradition, except where extradition under this Treaty is not possible.
Upon express request, a person may be provisionally arrested before receiving a request for extradition if the competent judicial authority of the requesting Contracting Party makes reference to the arrest warrant or final decision and notifies the request for extradition. This express request may be sent by post, telegraph or other written means.
The requesting Contracting Party shall be immediately informed of the arrest in accordance with the provisions of this Article.
(1) If the additional information requested is not sent within the time limit laid down in Article 34 of this Treaty, the requested Contracting Party may release the person arrested.
(2) A person arrested under the provisions of Article 36 of this Treaty may be released if the request is not made within 45 days of the date of notification of the provisional arrest to the requesting Contracting Party.
Where a requested person is subject to criminal prosecution or has been convicted for another offence committed in the territory of the requested Contracting Party, extradition may be postponed until the end of the criminal prosecution and, in the case of conviction, until the end of the sentence.
(1) At the reasoned request of the requesting Contracting Party, the requested person may be temporarily extradited to carry out certain investigative tasks, provided that the postponement of extradition would result in the limitation of criminal prosecution or would make it very difficult to investigate a crime committed by the requested person.
(2) The person temporarily issued shall be returned without delay and no later than three months from the date of the temporary issue following the investigation operations for which he was issued.
Where several States apply for the issue of the same person, the requested Contracting Party which accepts the request shall decide. In doing so, it shall take into account the national citizenship of the requested person, the place of commission and the gravity of the offence.
(1) The requested Contracting Party shall notify the requesting Contracting Party of its decision to issue.
(2) The requested Contracting Party which authorises extradition shall notify the requesting Contracting Party of the place and time of issue of the requested person.
(3) The person whose extradition has been authorised shall be released for free unless it is exceeded by the requesting Contracting Party within 15 days of the date specified for extradition. If a request for extradition is repeated in this case, it may be rejected.
Where a person is expelled from the territory of the requesting Contracting Party in any way from the territory of the requested Contracting Party, he shall be issued on a new request for extradition without the need to send the documents referred to in Article 34 of this Treaty.
A person issued may be prosecuted or tried for an offence other than that for which he or she has been issued, punishable by a penalty other than that for which he or she has been extradited and may be extradited to a third State only if:
(a) the requested Contracting Party agrees in advance;
(b) a person who is not a State citizen of the requesting Contracting Party has not left the territory of the requesting Contracting Party within one month of the end of the prosecution or execution of the sentence; the period of time for which the person issued could not leave the territory of the requesting Contracting Party for reasons independent of his or her will shall not be counted;
(c) the person has left the territory of the requesting Contracting Party and has voluntarily returned to them.
The Contracting Party applying for extradition shall inform the requested Contracting Party of the outcome of the criminal proceedings against the person given. Where a person has been convicted, he shall attach the original of the final judgment.
(1) The Contracting Parties shall, at the request of one of their territories, authorise the transit of persons who have been issued by a third State of one of the Contracting Parties. The requested Contracting Party shall not be obliged to permit transit in cases where extradition cannot take place under this Treaty.
(2) An application for transit shall be lodged and dealt with in the same way as a request for extradition.
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Regulation Information
| Citation | Decree No. 17 / 1984 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria on Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1984 |
|---|---|
| Effective from | 23.11.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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