Communication No 30 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Second Additional Protocol to the European extradition Convention
Valid
International Treaty
Effective from 17.02.1997
Text versions:
28.02.1997
30
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that the Second Additional Protocol to the European Convention on Extradition was adopted in Strasbourg on 17 March 1978.
On behalf of the Czech Republic, the Second Additional Protocol was signed in Strasbourg on 18 December 1995.
The second Additional Protocol was approved by the Parliament of the Czech Republic and ratified by the President. The instrument of ratification of the Czech Republic was deposited with the Secretary-General of the Council of Europe, depositary of the European Convention on Extradition, on 19 November 1996.
The Second Additional Protocol entered into force on 5 June 1983 pursuant to Article 6 (2) thereof. It entered into force on 17 February 1997 for the Czech Republic pursuant to paragraph 3 of that Article.
The Czech translation of the Second Additional Protocol is announced simultaneously.
SECOND ADDITIONAL PROTOCOL
to the European Convention on Extradition
Member States of the Council of Europe, signatories to this Protocol,
Desiring to facilitate the application of the European extradition Convention, negotiated in Paris on 13 December 1957, hereinafter referred to as "the Convention ', in the field of fiscal offences,
CONSIDERING that it is appropriate to supplement the Convention in certain other ways,
agree on the following:
Article 2 (2) The following provisions shall be added to the Convention:
"This right shall also apply to offences for which only a cash penalty may be imposed. ';
Article 5 The Convention is replaced by the following:
"Fiscal offences
1. Issue in respect of offences related to taxes, duties, fees and foreign exchange rules shall be permitted between the Parties in accordance with this Convention if the act in question corresponds to an offence of the same nature under the law of the requested Party.
2. Issue may not be refused solely because the law of the requested party does not impose the same kind of taxes or duties or does not contain taxes, duties, fees or foreign exchange rules of the same type as the law of the requesting party. '
The Convention shall be supplemented by the following provisions:
"Judgments delivered in absentia
1. Where a Contracting Party requests another Contracting Party to issue a person for the execution of a sentence or a protective measure imposed by a decision in the absence of the defendant, the requested Party may refuse extradition if, in its view in the criminal proceedings concerned, the minimum rights of defence conferred on each defendant have not been ensured. However, extradition shall be permitted if the requesting Party provides sufficient assurance to the requested Party that the requested person will be granted the right to new criminal proceedings in which the rights of the defence will be guaranteed. Such a decision shall entitle the requesting party either to execute the relevant judgment if the sentenced person does not refuse it or, if the sentenced person is against the execution of the judgment, to conduct criminal proceedings after the judgment has been delivered.
2. Where the requested Party informs the person for whom extradition is sought of a judgment rendered against it in absentia, the requesting Party shall not consider the communication as formal service having the relevant effects for criminal proceedings in that State. ';
The Convention shall be supplemented by the following provisions:
"Amnesty
Issue shall not be permitted for offences covered by an amnesty declared in the requested State where it had jurisdiction to prosecute under its criminal law. ';
Article 12 (1) The Convention is replaced by the following:
"The request shall be made in writing and sent by the Ministry of Justice of the requesting Party to the Ministry of Justice of the requested Party; However, sending by diplomatic channels shall not be excluded. Other procedures may be negotiated by direct agreement between two or more parties. ';
This Protocol shall be open for signature to all Member States of the Council of Europe which have signed the Convention. It shall be subject to ratification, acceptance or approval. The instruments of ratification or acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.
2. The Protocol shall enter into force 90 days after the date of deposit of the third instrument of ratification or acceptance or approval.
3. In respect of a Contracting State which ratifies, adopts or approves the Protocol at a later date, the Protocol shall enter into force 90 days after the date of deposit of its instrument of ratification or acceptance or approval.
4. A Member State of the Council of Europe may not ratify, accept or approve this Protocol without simultaneously or previously ratifying the Convention.
1. Any State which acceded to the Convention may also accede to this Protocol after the Protocol enters into force.
2. Access shall be effected by the deposit of an instrument of access with the Secretary-General of the Council of Europe and shall become effective 90 days after its deposit.
1. Each State may, upon signature or deposit of its instrument of ratification or acceptance, approval or accession, designate one or more territories on which this Protocol will apply.
2. Any State may, upon deposit of its instrument of ratification or acceptance, approval or accession, or at any later date by a declaration addressed to the Secretary-General of the Council of Europe, extend the validity of this Protocol to any other territory designated in that declaration for whose external relations it is responsible or on whose behalf it is entitled to accept commitments.
3. Any declaration made pursuant to the preceding paragraph may be withdrawn in respect of any territory referred to in that declaration by a written notification addressed to the Secretary-General of the Council of Europe. The appeal shall take effect six months after the date of receipt of the written notification by the Secretary-General.
1. Reservations made by a State on any of the provisions of the Convention shall also apply to this Protocol, unless that State, when depositing its instrument of ratification or acceptance, approval or accession, expresses its opposite intention.
2. Each State may, when depositing the instrument of ratification or acceptance, approval or accession, declare that it reserves the right to:
(a) not to accept Title I;
(b) not to accept or accept Title II only in respect of certain offences or categories of offences referred to in Article 2;
(c) not to accept Title III or to accept only Article 3 (1);
(d) not to accept Title IV;
(e) not accept Title V.
3. Any Contracting Party which has made a reservation under the preceding paragraph may withdraw it by a declaration addressed to the Secretary-General of the Council of Europe; the declaration shall take effect on the date of its notification.
4. A Contracting Party which also applies to this Protocol a reservation made to a provision of the Convention or which has made a reservation to a provision of this Protocol may not require the application of that provision by another Contracting Party; However, where the reservation is partial or conditional, it may require the application of this provision to the extent that it has adopted it itself.
5. No further reservation on the provisions of this Protocol shall be allowed.
The European Committee on Crimes of the Council of Europe shall be informed of the implementation of this Protocol and shall do whatever is necessary to facilitate the amicable settlement of any difficulties which may arise in its implementation.
1. Each Party may, to the extent it concerns it, terminate this Protocol by means of a communication addressed to the Secretary-General of the Council of Europe.
2. The denunciation shall take effect six months after the date of receipt of such a communication by the Secretary-General.
3. The denunciation of the Convention shall automatically denounce this Protocol.
The Secretary-General of the Council of Europe shall notify in writing the Member States of the Council of Europe and the States which acceded to the Convention:
(a) any signature of the Protocol;
(b) the deposit of the instrument of ratification or acceptance, approval or accession;
(c) each date of entry into force of this Protocol in accordance with Articles 6 and 7 thereof;
(d) declarations received pursuant to Article 8 (2) and (3);
(e) declarations received pursuant to Article 9 (1);
(f) reservations made pursuant to Article 9 (2);
(g) the revocation of reservations made pursuant to Article 9 (3);
(h) communications received pursuant to Article 11, together with the date on which the notice takes effect.
They have signed this Protocol in order to prove the undersigned, being duly empowered to do so.
Done at Strasbourg, 17 March 1978 in the English and French languages, both texts being equally authentic, in one copy to be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall forward a certified copy to each State which is signatory or acceded to the Protocol.
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Regulation Information
| Citation | Communication No 30 / 1997 Coll., on the negotiation of the Second Additional Protocol to the European Convention on Extradition |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.02.1997 |
|---|---|
| Effective from | 17.02.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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