Communication from the Ministry of Foreign Affairs No 2 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty between the Czech Republic and the Republic of Austria on the addendum to the European Convention on Extradition of 13 December 1957 and facilitating its application
Valid
Effective from 01.01.1996
2
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 27 June 1994 the Treaty between the Czech Republic and the Republic of Austria on the amendment to the European Convention on Extradition of 13 December 1957 and on the facilitation of its application was signed in Vienna (1).
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it. The instruments of ratification were exchanged in Prague on 3 October 1995.
The Treaty entered into force on 1 January 1996 pursuant to Article XVIII (2) thereof.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czech Republic and the Republic of Austria concerning the Appendix to the European Convention on Extradition of 13 December 1957 and facilitating its application
(To Article 2 of the Convention)
Where a person is authorised to be extradited pursuant to Article 2 (1) of the Convention and where the request for extradition also concerns offences other than those referred to in this paragraph, the extradition shall also be permitted for other offences, where there are other conditions under the Convention and this Treaty and there is a penalty imposed on them by a court in both Contracting States.
(To Article 5 of the Convention)
(1) In the case of offences of a tax, customs, monopoly and foreign exchange nature or relating to levies and levies, and in the case of offences involving infringements of economic traffic or foreign trade rules, extradition shall be permitted only if the act leading to a request for extradition would also be criminally punishable under a comparable criminal law of the requested State.
(2) The issue shall not be refused solely on the grounds that the law of the requested State does not contain the same tax, customs, monopoly and foreign exchange rules or provisions applicable to levies and levies, nor on economic godly or foreign trade as the law of the requesting State.
(To Articles 7 and 8 of the Convention)
The requested State shall authorise the extradition of a person for an offence which under its law is subject to its jurisdiction if, taking into account specific circumstances, in particular for the purposes of establishing the truth, the measure of punishment and its execution, or in the interests of the resociation of the accused, priority must be given to the conduct of criminal proceedings in the requesting State.
(To Article 9 of the Convention)
(1) Issue shall not be authorised even if the actions leading to the request for extradition have been committed in a third State and one of the decisions referred to in Article 9 of the Convention has been given.
(2) Issue under the conditions of Article III shall not be prevented if a person has not been legally convicted in the requested State or the sentence imposed has not been, at least in part or in full, enforced.
(3) The requested State shall not refuse the extradition of a person if its judicial authorities have exempted that person solely because of the lack of their jurisdiction or because criminal proceedings have not been initiated against that person or criminal proceedings have already been terminated.
(To Article 10 of the Convention)
In order to prevent and interrupt the limitation period, only the law of the requesting State shall determine.
(1) Amnesty declared in the requested State shall not prevent the extradition of a person unless the offence is subject to the jurisdiction of that State.
(2) The obligation to issue is without prejudice to the absence of a motion or authorisation to prosecute or any other declaration of the affected person which, under the law of the requested State, is necessary for the initiation and conduct of criminal proceedings.
(To Article 12 of the Convention)
(1) Requests for extradition shall be made on behalf of the two Parties by the Ministers of Justice, which shall not preclude diplomatic travel. Other correspondence between the Contracting States shall also take place in this way, unless the Convention and this Treaty provide otherwise.
(2) In cases of suspension or interruption of the sentence, suspension, suspension, suspension or safeguard measure, the application for extradition or transit shall also be accompanied by the documents for the determination of enforceability.
(To Article 14 of the Convention)
(1) The conditional release of a person without a regulation restricting the freedom of movement shall be equal to the final release of the person.
(2) In the spirit of Article 14 (2) of the Convention, the requested State may also take measures to obtain the documents necessary for the request for consent pursuant to Article 14 (1) (a) of the Convention; to that end, the hearing of the person issued shall be admissible and the presentation of the person to be heard shall be permitted. Upon submission of a request for consent, the person concerned may be held in custody, regardless of the restriction of Article 14 of the Convention, until the date of notification of the decision on that request, provided that the regulation is admissible under the law of the requesting State.
(To Article 15 of the Convention)
The request for further approval to be issued to another Contracting Party to the Convention or to a third State shall be accompanied by the supporting documents referred to in Article 12 (2) of the Convention which have been transmitted to the Contracting State requesting approval. Consent shall be given if the offences leading to the request for extradition would entitle the person to be extradited by the Contracting State which has been requested consent to another Contracting Party or the third State.
(To Article 16 of the Convention)
(1) Applications for provisional custody may be addressed to the competent judicial and police authorities of the other State by the courts, prosecutors and judicial and police authorities of one Contracting State. The notification of an offence for which extradition is sought shall contain a short description of the offence.
(2) Where the competent authorities of a Contracting State are informed that a person whose extradition may be requested by the other Contracting State is present in the territory of that Contracting State, they shall immediately ask it in the manner referred to in Article 16 (3) of the Convention if it requests the extradition of that person. Where a person is taken into pre-extradition custody, the other Contracting State shall be informed immediately, indicating the time of arrest and the place of detention.
(3) The time limits referred to in Article 16 (4) of the Convention shall be maintained if the request for extradition and the documents to be attached are received before their expiry by fax to the Ministry of Justice of the requested State and the originals or certified copies are subsequently sent within a reasonable period.
(To Article 17 of the Convention)
At the same time as a decision pursuant to Article 17 of the Convention, the requested Contracting State shall also decide on the admissibility of further extradition to a third State; it shall notify all participating States of its decision.
(To Article 19 of the Convention)
(1) Article 19 (1) of the Convention is also applied in the exercise of a safeguard measure.
(2) The requesting State may request a temporary transfer pursuant to Article 19 (2) of the Convention for urgent procedural operations. The procedural steps must be described in detail in the application. No consent shall be given if such transmission would significantly slow down or make criminal proceedings in the requested State difficult or would lead to disproportionate disadvantages for the person to be issued. The transferred person must be surrendered, irrespective of nationality, after carrying out procedural acts in the requesting State or at the request of the requesting State.
(3) In the case of temporary transfer, the person transferred shall be held in custody during his stay in the requesting State. This length of detention shall be counted against the duration of the sentence imposed in the requesting State.
(4) The costs incurred in the sovereign territory of the requested State by temporary transfer shall not be borne.
(To Article 20 of the Convention)
(1) Where extradition is permitted, the issue of articles referred to in Article 20 of the Convention or which have been obtained by consideration for such articles shall be authorised without special request. If possible, the items shall be transmitted simultaneously with the person issued. They shall also be transmitted if the issue already authorised cannot be carried out on grounds of the death or escape of that person; in addition, if, under the Convention, the authorised extradition cannot be carried out because the designated person has fled or died or cannot be penalised in the requested State.
(2) The requested State shall notify the requesting State of which articles have been secured pursuant to Article 20 of the Convention and whether the person issued is informed of their immediate return to the injured party. The requesting State shall notify the requested State as soon as possible whether it renounces the transfer of articles, provided that they are issued to the injured party or their agents against the submission of confirmation by its competent judicial authorities.
(3) The requested State shall not apply the customs lien or other liability in kind under the provisions of customs and tax law when transferring the articles and shall also be waived for their return, subject to the condition that the criminal offence of the holder of the articles owes these benefits himself.
(To Article 21 of the Convention)
(1) The requested State must keep the accompanying person in custody during transit.
(2) If a person who is issued by a third State to another Contracting State is to be transported by air without a stopover through the sovereign territory of another Contracting State to the competent State, there is no need for the expression of the overflown Contracting State, unless that person is its national citizen and if the person who is issued for one of the offences referred to in Articles 3 and 4 of the Convention.
(To Article 23 of the Convention)
Requests for extradition and other documents shall be drawn up in the language of the requesting State. Translations are not required.
(To Article 25 of the Convention)
In this Treaty, the term 'safeguard measure' means a measure relating to the withdrawal of liberty which is imposed under criminal law by a court decision in addition to or at the place of punishment. If the duration of the measure still to be implemented is uncertain, then for the purposes of this Treaty the date by which the measure under the law of the requesting State must be repealed at the latest.
(To Article 31 of the Convention)
If one of the Contracting States declares the Convention, the denunciation of the Convention will become effective in the relationship between the Czech Republic and the Republic of Austria two years after the notification of denunciation to the Secretary-General of the Council of Europe.
(1) This Treaty is subject to ratification. The instruments of ratification will be exchanged in Prague.
(2) The Treaty will enter into force on the first day of the third month following the month in which the instruments of ratification were exchanged.
(3) The Treaty is negotiated for an indefinite period, unless one of the Contracting States denies the Treaty in writing by diplomatic means; in this case, the contract shall cease to be in force one year after its termination, but not later than the date on which the European Convention on Extradition between the Contracting Parties to this Treaty expires.
To prove it, the agents of both Contracting States signed this contract and sealed it.
Done at Vienna, 27 June 1994, in two original copies, each in the Czech and German languages, the two texts being equally authentic.
For the Czech Republic:
JUDr. Jiří Novák v. r.
Minister for Justice
For the Republic of Austria
Dr Nikolaus Michalek v. r.
Federal Minister for Justice
1) European Convention on Extradition of 13 December 1957, published under No 549 / 1992 Coll.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 2 / 1996 Coll., on the Agreement between the Czech Republic and the Republic of Austria on the Appendix to the European Convention on Extradition of 13 December 1957 and on the facilitation of its application |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.01.1996 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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