Communication from the Ministry of Foreign Affairs No. 31 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters
Valid
International Treaty
Effective from 17.02.1997
Text versions:
28.02.1997
31
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 17 March 1978 the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters was adopted in Strasbourg.
On behalf of the Czech Republic, the Additional Protocol was signed in Strasbourg on 18 December 1995.
With the Additional Protocol, Parliament of the Czech Republic agreed and the President of the Republic ratified it. The instruments of ratification of the Czech Republic were deposited with the Secretary-General of the Council of Europe, the depositary of the European Convention on Mutual Assistance in Criminal Matters, on 19 November 1996.
The following declaration was made when the instrument of ratification was deposited:
"In accordance with Article 24 of the European Convention and the Mutual Assistance in Criminal Matters and Article 8 of its Additional Protocol, for the purposes of the Convention and its Additional Protocol, the authorities shall be considered to be judicial authorities: the Supreme Prosecutor of the Czech Republic, the Regional and District Prosecutor's Office, the Municipal Prosecutor's Office in Prague, the Ministry of Justice of the Czech Republic, the Regional and District Courts and the Municipal Court in Prague. '
The Additional Protocol entered into force on 12 April 1982 pursuant to Article 5 (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 Additional Protocol is announced simultaneously.
ADDITIONAL PROTOCOL
to the European Convention on Mutual Assistance in Criminal Matters
Member States of the Council of Europe, signatories to this Protocol,
Desiring to facilitate the application of the European Convention on Mutual Assistance in Criminal Matters, negotiated on 20 April 1959 ("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:
The Contracting Parties shall not exercise the rights referred to in Article 2 (a) of the Convention to refuse legal aid only on the ground that the request relates to an offence which the requested Party considers to be a fiscal offence.
1. Where a Contracting Party has reserved the possibility of making a request relating to the inspection or detention of a case conditional upon the fact that the offence to which the application relates is criminal under the law of both the applicant and the requested Party, that condition shall be fulfilled for fiscal offences if the offence is punishable under the law of the requesting Party and corresponds to an offence of the same nature under the law of the requested Party.
2. The request may not be refused on the grounds that 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 will also apply:
(a) the transmission of documents relating to the enforcement of a sentence, the enforcement of a fine or the payment of costs;
(b) measures relating to the suspension or suspension of the execution of the sentence, the suspension or suspension of the sentence.
Article 22 The following text is added to the Convention, the original Article 22 of the Convention being renumbered paragraph 1 and the following provision being paragraph 2:
'2. In addition, any Contracting Party which has transmitted the above information shall send copies of the judgments and measures concerned on a case-by-case basis to the relevant Party in writing, as well as any other information necessary to enable it to assess whether any action in its own territory is necessary. This information shall be sent to the ministries of justice of the countries concerned. ';
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 deposit of an instrument of access with the Secretary-General of the Council of Europe and shall take effect 90 days from the date of 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 communication addressed to the Secretary-General of the Council of Europe. The appeal shall take effect six months after the date of receipt of such a communication by the Secretary-General of the Council of Europe.
1. Reservations made by a Contracting State to a provision of the Convention shall also apply to this Protocol, unless the State, when signing or depositing the instrument of ratification, acceptance, approval or accession, expresses the opposite intention. The same applies to declarations made under Article 24 of the Convention.
2. Each State may declare, on signature or deposit of the instrument of ratification or acceptance, approval or accession, that it reserves the right to:
(a) not to accept or accept Title I only for certain offences or categories of offences referred to in Article 1, or to make a request for inspection or detention in connection with fiscal offences;
(b) not to accept Title II;
(c) not to accept Title III.
3. Any Contracting Party which has made a declaration pursuant to 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 service.
(4) A Contracting Party which applies a reservation made in respect of a provision of the Convention and to this Protocol or which has made a reservation to a provision of this Protocol may not require the application of that provision by another Party; However, where the reservation is partial or conditional, it may require the application of this provision to the extent that it has itself accepted it.
5. No further reservation on the provisions of this Protocol shall be allowed.
Provisions of this The Protocol shall not affect more detailed rules contained in bilateral or multilateral agreements negotiated between the Parties pursuant to Article 26 (3) of the Convention.
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 Contracting 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. This statement shall take effect six months after the date of receipt by the Secretary-General of such communication.
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) signing the Protocol;
(b) the deposit of the instrument of ratification or acceptance, approval or accession;
(c) the date of entry into force of this Protocol in accordance with Articles 5 and 6;
(d) declarations received pursuant to Article 7 (2) and (3);
(e) declarations received pursuant to Article 8 (1);
(f) reservations made pursuant to Article 8 (2);
(g) the withdrawal of reservations made pursuant to Article 8 (3);
(h) the notice of notice of notice received pursuant to Article 11 as well as 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 from the Ministry of Foreign Affairs No 31 / 1997 Coll., on the negotiation of the Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters |
|---|---|
| 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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