Communication from the Federal Ministry of Foreign Affairs No. 275 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation in the prevention and detection of criminal offences and the security of road transport
Valid
Effective from 01.06.1990
275
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 21 June 1988 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation in preventing and detecting criminal offences and ensuring the safety of road transport was signed in Prague.
The agreement was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic.
The Agreement entered into force on 1 June 1990 pursuant to Article 15 (1) thereof. The Agreement between the Government of the Czechoslovak Socialist Republic and the Austrian Federal Government on the criminalistic cooperation on the rivers Danube, Moravia and Dyje of 5 December 1975, published in Sb.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation in preventing and detecting criminal offences and ensuring road transport safety
Government of the Czechoslovak Socialist Republic
and
Government of the Republic of Austria
Wishes to facilitate and deepen cooperation between the security authorities of both Contracting Parties in preventing and detecting criminal offences and in ensuring road transport safety
agree on the following:
GENERAL PROVISIONS
The Parties undertake to cooperate, within the scope of the provisions of this Agreement, to assist each other in preventing and detecting criminal offences and in ensuring road transport safety.
The Contracting Parties shall assist each other on request; without request, where the interest of the other Contracting Party is envisaged.
(1) The law of the requested State shall apply when processing the requests. However, where this is compatible with the principles of the law governing the proceedings of the requested State, its different rules of procedure may be applied at the request of the requesting State.
(2) The powers of the security authorities are governed by national law.
Each Contracting Party shall bear the costs incurred in providing assistance.
In the implementation of this Agreement, all business relations shall take place directly between the Federal Ministry of Interior of the Czechoslovak Socialist Republic and the Federal Ministry of Interior of the Republic of Austria.
(1) Requests for assistance and exchange of information shall be made in writing; in case of urgency, orally stating that they are subsequently confirmed in writing.
(2) Each Contracting Party shall use its own language.
(3) Information designated as confidential by one Contracting Party must be treated as its own confidential information by the other Contracting Party. They shall not be further transmitted without express consent.
COOPERATION AND ASSISTANCE IN PREVIOUS AND RECURRENCE OF CRITERIA
Assistance under this Agreement shall include in particular:
1. Mutual information on circumstances the knowledge of which may contribute to the prevention or detection of a criminal offence or to the clarification of a suspicion of such an offence.
2. Detection of the whereabouts of persons suspected of committing a criminal offence in the territory of the other Contracting Party, as well as the whereabouts of persons who are refugees and missing, cannot be ruled out as victims of a criminal offence.
3. Detection of whereabouts and provisional detention:
(a) persons under investigation for a criminal offence who have escaped from custody or from a place of temporary detention, persons who have escaped from the execution of a custodial sentence or a protective measure relating to the restriction of liberty;
(b) minors who are sought at the request of their parents or those to whom they are entrusted in education or custody, refugees or mentally ill persons, in order to prevent criminal offences.
4. Cooperation in identifying the persons referred to in points 2 and 3 and providing their photographs and dactyloscopic fingerprints.
5. Synergy in identifying unknown corpses.
6. Searching for objects on which a criminal offence has been committed in the territory of the other Contracting Party, as well as for securing it.
(1) The authorities referred to in Article 5 of this Agreement will exchange experience and cooperate in the organisation and tactics of the prevention and detection of particularly dangerous criminal offences, in particular on the following sections:
(a) crimes against life and health, including manifestations of international terrorism;
(b) crime in the field of narcotic drugs;
(c) counterfeiting of tender;
(d) theft of objects of art and cars.
(2) The authorities referred to in Article 5 of this Agreement will further exchange experiences on the methods, means and criminal technology used.
(3) The exchange of experience includes the transmission of specialised literature and other publications on matters covered by this Agreement.
(1) Assistance shall not be granted 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 be an intervention in the sovereignty of the requested State, jeopardise its security, discredit the principles of its rule of law or violate other essential interests of the requested State;
(c) it is sought for an act which, in the view of the requested State, is a criminal offence of a political nature in respect of which, in view of all the circumstances of the case, in particular the manner in which it is committed, the means used or intended or the severity of the consequences or possible consequences do not outweigh the criminal nature;
(d) the act to which the request relates is, in the view of the requested State, a military offence;
(e) in the view of the requested State, the act to which the request relates consists solely in infringement of the provisions on taxes and levies, monopoly or foreign exchange regulations or on the management of goods or on foreign trade;
(f) an act the essence of which, in the view of the requested State in accordance with its law, consists exclusively of an infringement of the rules on import, export and transit of goods.
(2) Where legal assistance is not provided in whole or in part or where there are obstacles to the processing of the application, the applicant authority shall be informed thereof, stating the reasons.
In order to clarify the suspicion of a criminal offence, professional consultation and assistance, in agreement with the authorities referred to in Article 5 of this Agreement, their representatives may be present in the territory of the other Contracting Party; However, they shall not be authorised to pursue official business.
(1) Upon request, persons shall be allowed to arrive promptly at the place of identification in the territory of the other Contracting Party. The costs associated with this shall be borne by the requesting Contracting Party.
(2) Such persons may not be prosecuted or taken into custody in the territory of the other Contracting Party or otherwise subject to a restriction of personal liberty for a criminal offence committed prior to entry into its territory or for any other earlier reason, if their presence is no longer necessary and immediately leaves the territory of the requesting Contracting Party at the time of their return.
COOPERATION IN THE SAFETY INSURANCE OF ROAD TRANSPORT
(1) The authorities referred to in Article 5 of this Agreement will inform each other and provide each other with analyses and results of research on road safety and the means of securing it. Cooperation in this field shall include in particular:
(a) the exchange of information on circumstances relevant to road traffic, such as traffic density, traffic disturbances, exceptional weather and measures - such as detour, traffic restrictions - which are carried out in the interests of smooth operation and to facilitate traffic across national borders;
(b) exchange of information on experience gained from the organisation and management of road transport;
(c) exchange of information on the forms and results of the prevention of traffic accidents;
(d) exchange of experience from the procedure for investigating accidents and from the organisation of emergency services at the scene of the accident;
(e) the exchange of information on and changes to the applicable transport rules.
(2) In the field of road safety, all service operations shall take place directly between the authorities referred to in Article 5 of this Agreement. Those authorities shall communicate to each other other competent authorities which shall also exchange the information referred to in paragraph 1 (a).
FINAL PROVISIONS
The representatives of the authorities referred to in Article 5 of this Agreement shall meet at least once a year to discuss any questions arising from the implementation of this Agreement.
This Agreement shall be without prejudice to the obligations contained in other bilateral treaties, in particular the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on Legal Assistance in Criminal Matters of 18 November 1982 and the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on extradition of 18 November 1982, and multilateral treaties.
(1) This Agreement shall enter into force on the first day of the third month following the month in which the Contracting Parties notify each other, in writing, that the national conditions for the entry into force of this Agreement are fulfilled.
(2) This Agreement shall remain in force unless one of the Parties denies it in writing through diplomatic channels. In this case, the Agreement shall expire six months after the date of receipt of the notice.
The agreement between the Government of the Czechoslovak Socialist Republic and the Austrian Federal Government on criminal cooperation on the Danube, Moravia and Dyje rivers of 5 December 1975 will cease to apply on the day on which this Agreement enters into force.
Dane in Prague on 21 June 1988 in two copies, each in Czech and German languages, both texts being equally authentic.
For the Government
Czechoslovak Socialist
Republic:
JUDr. Vratislav Vajnar v. r.
Minister of Interior CSSR
For the Government
Republic of Austria:
Dr Karl Blecha v. r.
Federal Minister for Interior
Republic of Austria
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No. 275 / 1990 Coll., on the negotiation of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Republic of Austria on cooperation in the prevention and detection of criminal offences and the security of road transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1990 |
|---|---|
| Effective from | 01.06.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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