Decree No 20 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on the provision of mutual legal assistance in matters related to the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic
Valid
Effective from 07.02.1969
20
DECLARATION
Minister for Foreign Affairs
of 22 February 1969
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on the provision of mutual legal assistance in matters relating to the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic
On 7 February 1969, the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on the provision of mutual legal assistance in matters connected with the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic was signed in Prague.
Pursuant to Article 28 of the Agreement, the Agreement entered into force on the date of signature.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Ing. Marko v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on providing mutual legal assistance in matters related to the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic
The Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics, in accordance with the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the Soviet Socialist Republic, on the conditions of temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic, signed in Prague on 16 October 1968, decided to conclude this Agreement and agreed on the following:
General principles
1. The competent authorities of the Contracting Parties shall provide each other with legal assistance in criminal, civil and administrative matters linked to the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic.
2. Legal assistance shall be provided by carrying out individual procedural acts, in particular expert opinions, interviews of the accused, witnesses, experts and other persons, removal of cases, examination of the crime scene and subject matter of the offence, transmission of factual evidence and documents, receipt of documents, provision of participation of the accused, witnesses and other persons in the proceedings, etc. In the framework of legal assistance, data shall also be provided to the competent Czechoslovak authorities characterising persons belonging to the Soviet troops and members of their families who are prosecuted in matters falling within the Czechoslovak jurisdiction.
3. The following authorities shall be competent to provide legal assistance:
from the Czechoslovak Party - prosecutors, courts, investigative and search bodies of the National Security Corps authorised to conduct criminal proceedings, national committees and other bodies called for clarification and handling of offences;
from the Soviet side - military prosecutors, military courts, leaders of Soviet troops in Prague and Bratislava and military commanders of Soviet troops.
In providing legal assistance, the requested authority shall comply with the law of its State.
1. In providing legal assistance, the competent Czechoslovak and Soviet authorities referred to in Article 1 (3) of this Agreement shall meet immediately.
2. In cases which cannot be delayed, the competent Czechoslovak authorities shall contact the nearest military commander of the crew or representatives of the command of Soviet troops in Prague or Bratislava.
3. Where a non-competent authority is notified, it shall immediately forward the matter to the competent authority and inform the requesting authority thereof.
1. After the request for legal assistance has been made, the requested authority shall send all the concentrated materials to the requesting authority.
2. If the document cannot be served on the address indicated in the application or if the address is not known, the requested authority shall, on its own initiative, take the necessary steps to establish the address.
3. If legal aid cannot be granted, the requested authority shall inform the requesting authority of the circumstances preventing the request.
Legal assistance shall be provided free of charge by the Contracting Parties. The costs of making a request for legal aid shall be borne by the party making the request.
In mutual contact when providing legal assistance, the Czechoslovak authorities use the Czech or Slovak language, the Soviet authorities use the Russian language.
When discussing their affairs before the courts, at the prosecutors, before the authorities investigating and searching for the National Security Corps or before other Czechoslovak authorities, persons belonging to the Soviet troops and members of their families at all stages of the proceedings as well as in the execution of the sentence shall have the same rights and obligations as citizens of the Czechoslovak Socialist Republic.
The same applies when dealing with offences.
1. Applications for assignment or transfer of jurisdiction in individual cases pursuant to Article 9 (4) of the Treaty concerning the conditions of temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic of 16 October 1968 shall be submitted and decided on:
(a) if there are Soviet troops
from the Czechoslovak Party - Chief Military Prosecutor or Military College of the Supreme Court of the Czechoslovak Socialist Republic, the Soviet Party - Military Prosecutor or Military Court of the Central Military Group;
(b) if there are civilians who are Soviet citizens and who work in the services of Soviet troops and members of the families of Soviet troops
Czechoslovak Party - Prosecutor General or Supreme Court of the Czechoslovak Socialist Republic,
from the Soviet side - military prosecutor or military court of the Central Group of Troops, depending on who the matter is or will be.
2. In the same way, and in a blatant way, the question of which party will exercise jurisdiction should a person belonging to the Soviet troops or a member of the family of a person belonging to the Soviet troops commit several offences, some of which fall under the jurisdiction of the competent Soviet authorities and others under the jurisdiction of the competent Czechoslovak authorities. In doing so, the parties shall take into account the degree of seriousness and nature of each of the offences committed, as well as other circumstances relating to the offence and the person accused.
In all these cases, the Parties shall provide each other with legal assistance by all means to clarify in full the circumstances of all offences committed by the accused.
Legal assistance in criminal matters
1. The competent Soviet authorities shall immediately notify the competent Czechoslovak authorities of the offences and offences which have become known to them and have been committed by persons belonging to the Soviet troops or members of their families if the natural or legal persons of the Czechoslovak Socialist Republic are damaged or if the damage was caused by the natural or legal persons of third States in the territory of the Czechoslovak Socialist Republic.
2. The competent Czechoslovak authorities shall immediately notify the competent Soviet authorities of the offences and offences which have become known to them and which have been committed by persons belonging to the Soviet troops or members of their families, as well as the offences and offences which have become known to them and have been committed by the citizens of the Czechoslovak Socialist Republic or third States and which affect the interests of the Soviet troops, or where the injured persons are persons belonging to them or members of their families.
1. The competent Soviet authorities in matters falling within their jurisdiction in which the natural or legal persons of the Czechoslovak Socialist Republic or of the natural or legal persons of third States in the territory of the Czechoslovak Socialist Republic will be harmed, shall notify the competent Czechoslovak authorities of the results of the investigations and decisions in these matters, inform them at their request for the status of the case, send copies of the complaint, notice of the initiation of the judicial proceedings and of the copies of the judgments or orders which terminate the case.
2. The competent Czechoslovak authorities shall, in matters under their jurisdiction, notify the nearest military prosecutor of the crew of Soviet troops of any case of the initiation of criminal proceedings against persons belonging to Soviet troops or members of their families, of the copies of the indictment, the notice of the opening of the trial and the copies of the judgments or orders terminating the case.
3. The competent Czechoslovak authorities shall also notify the competent Soviet authorities of the results of investigations and decisions on the criminal activities of citizens of the Czechoslovak Socialist Republic or of citizens of third States located in the territory of the Czechoslovak Socialist Republic if they affect the interests of Soviet troops, or if the victims are persons belonging to Soviet troops or members of their families.
The competent Czechoslovak authorities shall assist the competent Soviet authorities in prosecuting the crime of persons belonging to Soviet troops or members of their families in cases falling within Soviet jurisdiction. In particular, they will take measures to identify, locate and detain the perpetrator, provide, as far as possible, traces of the crime and factual evidence, as well as to assist the competent Soviet authorities in obtaining testimonies from the Czechoslovak Socialist Republic and third-country citizens.
1. All procedural acts of the competent Soviet authorities in the framework of legal assistance shall be carried out at the request of the competent Czechoslovak authorities in the areas of permanent crews of military services. The same applies to the examination, detention and withdrawal of postal and other consignments and costs sent and received by Soviet troops, persons belonging to Soviet troops and members of their families.
Representatives of the relevant Czechoslovak authorities may be present when carrying out procedural acts, with the agreement of the competent Soviet authorities.
2. When prosecuting crimes under the jurisdiction of the Soviet authorities, all procedural acts concerning Czechoslovak citizens or third-country citizens shall be carried out by the competent Czechoslovak authorities at the request of the competent Soviet authorities.
In such cases, the military prosecutor of Soviet troops or his representative may be present, with the agreement of the competent Czechoslovak authorities, in carrying out individual procedural acts.
The detention or detention of persons belonging to Soviet troops or members of their families in matters falling under Czechoslovak jurisdiction, except where a person has been found at the scene of an offence or is hiding and has been detected outside the premises of a permanent crew of Soviet military services, shall be carried out by the competent Soviet authorities on the basis of the orders of the competent Czechoslovak authorities. Such persons shall be referred to the competent Czechoslovak authorities without delay.
The order for delivery to custody shall contain details of the place, time and circumstances of the offence.
The competent Czechoslovak authorities shall immediately inform the nearest military prosecutor of the Soviet troops and the military commander of the crew or a representative of the command of the Soviet troops in Prague or Bratislava of the detention or detention of a person belonging to the Soviet troops or a member of the family of the person belonging to the Soviet troops.
The competent Czechoslovak authorities call in for questioning persons belonging to Soviet troops through the competent Soviet authorities. Interview of these persons shall be conducted in accordance with the Czechoslovak law, taking into account the interests of the security of Soviet troops.
1. If the competent Soviet authorities learn that a citizen of the Czechoslovak Socialist Republic or a third State has committed a crime against Soviet troops, against persons belonging to them or against members of their families,
(a) inform the competent Czechoslovak authorities thereof without delay;
(b) until the arrival of the representative of the competent Czechoslovak authorities, shall take the necessary measures in the premises of the permanent crew of Soviet military services to ensure the evidence and evidence of the offence and, if necessary, to identify the person who committed the offence.
2. If a person belonging to the Soviet troops or a member of the family of a person belonging to the Soviet forces of a citizen of the Czechoslovak Socialist Republic or a third State is held at the scene of a crime against Soviet troops, persons belonging to them or members of their families, he shall immediately transfer the person detained to the nearest competent Czechoslovak authority.
During the preparatory and judicial proceedings against the competent Czechoslovak authorities in matters relating to persons belonging to the Soviet troops and members of their families, the military prosecutor of the Soviet troops or his representative, with the agreement of the relevant Czechoslovak authority, may be present in the various procedural acts, visit the person in custody and, where necessary, also consult the files relating to the case.
In the case of offences belonging to Czechoslovak jurisdiction committed by persons belonging to Soviet troops or members of their families in the territory of the Czechoslovak Socialist Republic, the Czechoslovak courts shall:
(a) in criminal matters of members of Soviet troops, the Czechoslovak military courts are factually and locally competent;
(b) in criminal matters of other persons, the Czechoslovak courts have jurisdiction and jurisdiction in matters of substance.
In the application of the provisions of the Czechoslovak Socialist Republic laws on the public court hearing, account will be taken of the interests of the security of Soviet troops.
In criminal proceedings against persons belonging to Soviet troops or members of their families in matters falling under Czechoslovak jurisdiction, the defendant may request the appointment of a lawyer directly or through the competent Soviet authorities.
The execution of the judgment of the Czechoslovak Court in criminal matters of persons belonging to Soviet troops and members of their families shall be carried out by the competent Czechoslovak authorities.
If, in accordance with the Czechoslovak laws, the competent Czechoslovak authority transmits a criminal case concerning a member of Soviet troops to disciplinary action, the Soviet commander responsible shall be entitled to impose disciplinary action, which shall be notified by the competent Czechoslovak authority.
Dispute dealing
1. The competent Czechoslovak authorities shall notify the nearest military commander or commander of the command of Soviet troops in Prague or Bratislava of the offences committed by persons belonging to the Soviet forces in order to force the guilty to disciplinary action.
2. The transfers committed by members of the families of persons belonging to Soviet troops are discussed directly by the competent Czechoslovak authorities.
When interpreting this Agreement
(a) under the term "infractions" shall be understood as according to the laws of the Czechoslovak Socialist Republic as well as to the wrongdoing;
(b) under the term "administrative matters" (Article 1 of this Agreement) shall be understood as according to the laws of the Czechoslovak Socialist Republic of offence and wrongdoing.
Legal aid in civil matters
1. The claims for compensation pursuant to Article 10 (2) of the Treaty on the conditions of temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic of 16 October 1968, applied against persons belonging to Soviet troops or members of their families, shall be discussed locally by the competent Czechoslovak courts.
2. If the person causing the damage is unknown, the competent authorities of the Contracting Parties shall assist each other in identifying it.
When dealing with claims for damages against persons belonging to Soviet troops and members of their families, the command of Soviet troops may appoint a representative authorised to act in court on the basis of written authority.
1. Persons belonging to Soviet troops and members of their families - participants in civil proceedings - shall be exempt from lodging a guarantee on the costs of legal proceedings.
2. The persons referred to in paragraph 1 shall also be exempt from fees, advances and other costs in proceedings before the Czechoslovak courts under such conditions and to the same extent as citizens of the Czechoslovak Socialist Republic. Evidence of personal and family circumstances as well as of earnings and wealth is issued by the competent Soviet authorities.
Final provisions
This Agreement shall enter into force on the date of signature. The Agreement shall apply to matters arising after 18 October 1968.
The Agreement remains in force if the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on the conditions for the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic, signed in Prague on 16 October 1968, is in force and may be amended by mutual consent of the Contracting Parties.
Dane in Prague on 7 February 1969 in two original copies, each in Czech and Russian languages, both texts being equally authentic.
For the Government of Czechoslovakia
Socialist Republic:
JUDr. Bohuslav Kucera v. r.
For the Government of the Soviet Union
Socialist Republics:
Alexander Nikolaevich Mishutin v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 20 / 1969 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Union of Soviet Socialist Republics on the provision of mutual legal assistance in matters related to the temporary residence of Soviet troops in the territory of the Czechoslovak Socialist Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.1969 |
|---|---|
| Effective from | 07.02.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0