Decree of the Minister for Foreign Affairs No. 44 / 1983 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Democratic Republic of Afghanistan on Legal Assistance in Civil and Criminal Matters
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Effective from 08.12.1982
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44
DECLARATION
Minister for Foreign Affairs
of 20 December 1982
on the Treaty between the Czechoslovak Socialist Republic and the Democratic Republic of Afghanistan on legal aid in civil and criminal matters
The Treaty between the Czechoslovak Socialist Republic and the Democratic Republic of Afghanistan on Legal Assistance in Civil and Criminal Matters was signed in Prague on 24 June 1981.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Kabul on 8 November 1982.
The Treaty entered into force on 8 December 1982 pursuant to Article 52 thereof.
The Czech version of the Treaty is hereby published at the same time.
First Deputy:
Greece
TREATY
between the Czechoslovak Socialist Republic and the Republic of Afghanistan on legal aid in civil and criminal matters
President of the Czechoslovak Socialist Republic and President of the Revolutionary Council of the Democratic Republic of Afghanistan,
led by efforts to further strengthen friendly relations and cooperation between the two States and by mutual agreement to regulate legal aid in the area of civil and criminal law
they have decided to conclude this contract and to that end have appointed their agents:
President of the Czechoslovak Socialist Republic:
ing. Bohuslav Chubek, Minister of Foreign Affairs
and
Chairman of the Revolutionary Council of the Democratic Republic of Afghanistan:
Shah Muhammad Dost, Minister of Foreign Affairs,
who, following the exchange of their full powers, found in good and proper form, have agreed as follows:
GENERAL PROVISIONS
LEGAL PROTECTION AND LEGAL ASSISTANCE IN CIVIL AND CRITERIA
Legal protection
(1) Citizens of one Contracting Party enjoy in the territory of the other Contracting Party the same legal protection in personal and property matters as citizens of the other Contracting Party.
(2) Citizens of one Contracting Party may appear before the judicial authorities of the other Contracting Party, defend their rights, make applications, initiate proceedings and appeal under the same conditions as citizens of that Contracting Party.
(3) The provisions of this Treaty relating to the citizens of the Contracting Parties shall apply mutatis mutandis to legal persons established under the law of one of the Contracting Parties who are established in the territory of that Contracting Party.
Legal aid
(1) The judicial authorities of the Contracting Parties shall provide each other with legal assistance in matters governed by this Treaty.
(2) For the purposes of this Treaty, the term "civil matters' shall also include family and labour matters.
(3) For the purposes of this Treaty, the term "judicial authority" shall refer to each State body of one of the Contracting Parties whose jurisdiction is to deal with cases governed by this Treaty under the law of its State.
Scope of legal aid
The Contracting Parties shall provide each other with legal assistance by carrying out each operation, in particular by writing, sending and delivering documents and by carrying out evidence.
Method of contact
(1) The judicial authorities of the Contracting Parties, when implementing this Treaty, shall meet each other through the competent central authorities, unless otherwise provided for in this Treaty.
(2) For the purposes of this Treaty, central authorities shall mean:
(a) on the part of the Czechoslovak Socialist Republic:
- General Prosecutor of the Czechoslovak Socialist Republic,
- Ministry of Justice of the Czech Socialist Republic,
- Ministry of Justice of the Slovak Socialist Republic,
(b) on the part of the Democratic Republic of Afghanistan:
- Prosecutor General,
- Supreme Court,
- Justice Department.
(3) The central authorities of the Contracting Parties shall use their official languages and, at all times, English in their mutual relations in the implementation of this Treaty.
Request
(1) The application shall contain:
(a) the designation of the applicant authority;
(b) the designation of the requested authority;
(c) the indication of the case in which legal aid is sought;
(d) the names and surnames of the participants, the accused, the defendants and, where applicable, their representatives, their place of residence or temporary residence, their nationality and occupation, in criminal matters as well as, where possible, the place and date of their birth and the names and surnames of their parents; for legal persons, their name and registered office;
(e) the subject matter of the request and the particulars necessary for the completion of the request;
(f) in criminal matters, also a description and legal indication of the criminal offence and data on the injured and the amount of the damage, if any.
(2) The application and the documents attached thereto must be made out in the official language of the requested Contracting Party or accompanied by a translation into that language or English. Any translation associated with the request shall be verified by an authorised interpreter or diplomatic mission or consular post of one of the Contracting Parties.
(3) The application shall state the date of its completion, shall be signed and stamped in manuscript.
Processing of requests
(1) The requested authority shall proceed with the handling of the request in accordance with the law of its State. However, it may, at the request of the applicant authority, make the request in the manner stated therein, unless this is contrary to the law of its State.
(2) If the requested authority is not competent to execute the request, it shall forward it to the competent authority without delay and inform the requesting authority accordingly.
(3) If the address indicated in the request is not accurate or if the person to whom the request relates does not reside at that address, the requested authority shall take measures to establish its correct address.
(4) The requested authority shall notify the requesting authority, at the request of the requesting authority, in due time, of the place and time of handling the requests.
(5) Upon completion of the request, the requested authority shall return to the requesting authority at the request of the file. In the event that the request cannot be met, the requested authority shall return the files to the requesting authority and at the same time notify the reasons for which the request cannot be dealt with.
Service
The requested authority shall arrange for the service of a document in accordance with the law of its State where the document served is written in the language of the requested Contracting Party or accompanied by a certified translation into that language. Otherwise, the requested authority shall deliver the document to the addressee if it is willing to accept it voluntarily.
Proof of service
(1) The service shall be proved by a certificate signed by the consignee and bearing an official stamp, the date and signature of the service authority or by a certificate issued by that authority proving the method, place and date of service. If the document to be served is sent in two copies, its receipt and service may be certified on the second copy.
(2) The proof of service shall be sent without delay to the requesting Contracting Party. In the event that service cannot be effected, the requested Contracting Party shall notify the requesting Contracting Party without delay of the grounds preventing service.
Processing of requests by diplomatic missions or consular posts
The Contracting Parties may deliver documents to their own citizens and also question them through their diplomatic missions or consular offices. In such cases, enforcement measures shall not be used.
Protection of witnesses and experts
(1) A citizen who is resident in the territory of one Contracting Party and who is to be heard before the judicial authority of the other Contracting Party as a witness or expert shall not be obliged to appear at the summons of that authority; the summons must therefore not contain a threat of coercion in the event of failure to appear.
(2) A witness or expert who is resident in the territory of one of the Contracting Parties and who is present at a summons to the judicial authority of the other Contracting Party may not be prosecuted or subjected, irrespective of his nationality, to restrictions on personal freedom for an act which he has committed before crossing the national borders of the requesting Contracting Party, nor may he be prosecuted for such an act previously imposed or be prosecuted in connection with the submission of evidence or expert opinion.
(3) The witness or expert shall cease the protection referred to in paragraph 2 of this Article if he has not left the territory of the requesting Contracting Party within seven days of the date on which the judicial authority which has summoned him has notified him that his presence is no longer necessary or if he has left the territory of the requesting Contracting Party and has voluntarily returned there. That period shall not exceed the period for which the witness or expert could not leave the territory of that Contracting Party for reasons which are independent of him.
(4) The citizen called upon shall have the right to reimbursement of travel and subsistence expenses, as well as of the loss of earnings and of the expert, in addition to expert fees. The summons shall specify the compensation to be paid to the appellant. An advance shall be granted upon request for reimbursement of expenditure.
Legal aid costs
(1) The Contracting Parties shall not require the costs of making a request, other than the fees and other expenses incurred in connection with carrying out expert evidence.
(2) The performance of the expert's evidence may be subject to the condition of the deposit.
(3) The requested authority shall, at the request of the applicant authority, notify the applicant authority of the amount of the costs incurred in carrying out the request.
Refusal of legal aid
The provision of legal assistance may be refused:
(a) if the requested Contracting Party considers that the execution could jeopardise its sovereignty or its security or would be contrary to its public policy;
(b) in criminal matters, also where the application relates to an act which, under the law of the requested Contracting Party, is not a criminal offence.
Legal information
The central authorities of the Contracting Parties shall, upon request, provide each other with information on the legislation applicable or applicable in their territory, the texts of those rules and information on legal practice.
Validity and powers of proof of documents
(1) The documents issued or authenticated in the prescribed form and bearing the official stamp of the competent authority or official person (interpreter, expert) of one Contracting Party do not require further verification in the territory of the other Contracting Party. This shall also apply to letters and signatures which have been verified in accordance with the provisions of one of the Contracting Parties.
(2) The authentic instrument which is considered to be public in the territory of one of the Contracting Parties shall also have the power of proof in the territory of the other Contracting Party.
Identification of addresses and other data
(1) The central authorities of the Contracting Parties shall, upon request, assist each other in identifying the addresses of persons staying within their territory, where necessary to exercise the rights of their citizens.
(2) Where a maintenance claim is lodged with the judicial authority of one Contracting Party against a person residing in the territory of the other Contracting Party, that Contracting Party shall, upon request, also assist in determining the source and amount of the income of that person.
SEND OF PERSONAL PROCESSING DOCUMENTS AND OTHER LISTS
(1) The Contracting Parties shall send each other extracts of the Matrices on birth, marriage and death of the citizens of the other Contracting Party, as well as communications of any changes in those Matrices. Such extracts shall be sent on official duty as soon as they have been entered in the register (or within the agreed period).
(2) At the request of one Contracting Party, the other Contracting Party shall send extracts of the matrices for official use.
(3) The extracts from the matrix provided for in this Article shall be sent free of charge by diplomatic channels.
Requests from citizens of the Contracting Parties for an extract from the register or a copy of another document relating to the personal condition may be sent directly to the competent authority of the other Contracting Party. The requested documents shall be sent to the applicant via the diplomatic mission or consular post of the State of issue of the document. The diplomatic mission or consular post shall, upon transmission from the applicant, levy a fee for the completion of the document.
The Contracting Parties shall send each other, in the manner referred to in Article 16 (3) of this Treaty, copies of the decisions relating to the personal situation of the citizens of the other Contracting Party having acquired legal authority.
COSTS OF THE PROCEDURE
Exemption from the lodging of the defence guarantee
Citizens of one Contracting Party who appear before the judicial authorities of the other Contracting Party if they are resident or temporarily resident in the territory of one of the Contracting Parties shall not be required to lodge a defence guarantee for the costs of the proceedings on the sole ground that they are foreigners or that they are not resident or temporarily resident in the territory of the other Contracting Party.
Enforcement of decisions on costs
(1) Where a party who is exempt from the lodging of a security for the costs of the proceedings referred to in Article 19 of this Treaty has been ordered by a decision of the judicial authority of one Contracting Party which has acquired legal authority to pay the costs of the proceedings, the decision shall be made free of charge on application by the beneficiary in the territory of the other Contracting Party.
(2) The proposal and its annexes shall be drawn up in accordance with Article 29 of this Treaty.
(3) The judicial authority which decides on the enforcement regulation referred to in paragraph 1 of this Article shall be limited to establishing whether the decision on costs has become final and enforceable.
Exemption from fees and advances
Citizens of one Contracting Party shall be granted exemption from judicial fees and advances, other costs of proceedings and other advantages relating to charges on the same terms and to the same extent as citizens of the other Contracting Party. The same applies to the provision of a free legal representative.
(1) The benefits referred to in Article 21 of this Treaty shall be granted on the basis of the applicant's personal and property certificates. This certificate shall be issued by the competent authority of the Contracting Party in whose territory the applicant is resident or temporarily resident.
(2) If the applicant is not resident or temporarily resident in the territory of either Contracting Party, the diplomatic mission or consular post of the Contracting Party to which he is a citizen may issue the certificate.
(3) A judicial authority which decides on a request for benefits may request the authority which issued the certificate to supplement the data or the necessary clarification.
Where the competent judicial authority has granted the benefits referred to in Article 21 of this Treaty to a citizen of the other Contracting Party, it shall apply to the entire procedure and to the enforcement procedure.
(1) Where a citizen of one of the Contracting Parties makes an application for the benefits referred to in Article 21 of this Treaty before the judicial authority of the other Contracting Party, he may also do so with the judicial authority of one of the Contracting Parties responsible for his place of residence or temporary residence. That authority shall forward the application together with the certificate issued pursuant to Article 22 of this Treaty to the judicial authority of the other Contracting Party.
(2) The request may be lodged at the same time as the request to initiate the procedure.
RECOGNITION AND PERFORMANCE OF THE DECISION
The Contracting Parties shall recognise and implement in their territory the following decisions issued in the territory of the other Party:
(a) the decisions of the judicial authorities in civil matters, as well as the agreements approved in those matters;
(b) decisions of judicial authorities in criminal matters relating to damages and other civil claims;
(c) the decision of the arbitral bodies and the conciliation before them.
(1) Decisions referred to in Article 25 of this Treaty shall be recognised and enforced on the condition that:
(a) the decision has acquired legal authority and is enforceable under the law of the Contracting Party in whose territory it was issued;
(b) recognition and enforcement shall not preclude the exclusive competence of the authorities of the Contracting Party in whose territory recognition and enforcement are sought;
(c) the party against whom the decision has been given and who has not taken part in the proceedings has been summoned in due time and duly to participate in the proceedings under the law of the Contracting Party in whose territory the decision was given and has been duly represented in the event of a procedural incompetence;
(d) the decision is not contrary to a decision which has acquired legal authority previously given between the same parties in the same case by the judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced;
(e) proceedings shall not take place before the authority of the requested Contracting Party between the same parties on the same case as first initiated;
(f) the decision of the judicial authority of a third State which has been given in the same case between the same parties has not been recognised or enforced in the territory of the requested Contracting Party;
(g) the Contracting Party in whose territory recognition or enforcement is sought considers that recognition or enforcement shall not jeopardise its sovereignty or security or be contrary to its public policy.
(2) Pre-enforceable decisions and interim measures shall be recognised and enforced in the requested State, even if they are subject to sound remedies where similar decisions may be issued and enforced in that State.
Decisions of the arbitration authorities shall be recognised and enforced under the conditions laid down in Article 26 of this Treaty where:
(a) the decision shall be based on a written agreement on the jurisdiction of the arbitration body and shall be issued by the arbitration authority by an agreement determined within the limits of its authorisation provided for by the agreement; and
(b) the agreement on the jurisdiction of the arbitration body shall be valid under the law of the party chosen and, if the rule of law has not been elected by the parties, under the law of the Contracting Party in whose territory the decision is to be recognised or enforced.
The recognition and enforcement of decisions shall be decided by the judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced.
(1) An application for recognition or enforcement of a decision may be made directly to the competent judicial authority of the Contracting Party within the territory of which the decision is to be recognised or enforced or to the judicial authority which has taken a decision on the matter as a matter of first instance; in that case, the application shall be forwarded to the judicial authority of the other Contracting Party in the manner referred to in Article 4 of this Treaty.
(2) The proposal shall be accompanied by:
(a) a decision of the judicial authority, or a certified copy of that decision, with a certificate of legal authority and enforceability, provided that such facts do not result from the wording of the decision itself;
(b) proof that the party against whom the decision has been given and who has not taken part in the proceedings has been duly and in a timely manner summoned to participate in the proceedings under the law of the Contracting Party in whose territory the decision has been given and has been duly represented in the event of a procedural incompetence, unless this results from the wording of the decision itself;
(c) the certified translation of the application and the documents referred to in (a) and (b) of this paragraph into the language of the requested Contracting Party or into the English language.
(1) The judicial authority which decides on the application for recognition or enforcement shall examine whether the conditions laid down in Articles 26 and 27 of this Treaty are met.
(2) Unless otherwise provided for in this Treaty, the judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced shall act in accordance with the law of its State.
The judicial authority of the Contracting Party in whose territory the costs were backed up by the State shall request the competent judicial authority of the other Contracting Party to recover the costs and charges. The judicial authority shall forward the amount collected to the diplomatic mission or consular post of the requesting Contracting Party.
_
Taking over criminal prosecution
(1) Each Contracting Party undertakes, at the request of the other Contracting Party, to initiate criminal proceedings under its own law against its citizen who has committed a criminal offence in the territory of the other Contracting Party.
(2) The application for prosecution shall be accompanied by files relating to the case, all available evidence, data on the damage, if the criminal offence has been committed and the text of the criminal law applicable to the act in force at the place of the offence; where these annexes are insufficient, additional information shall be sent at the request of the Party which initiated the prosecution.
(3) The claims of the injured party for damages brought before the transfer of criminal proceedings to the judicial authorities of the requesting Contracting Party will be dealt with in proceedings within the territory of the requested Contracting Party.
(4) A Contracting Party which has initiated criminal proceedings shall notify the other Contracting Party without delay of the outcome of the criminal proceedings. If a judgment is given and it has legal power, a copy of it shall be sent upon request.
Issue
Obligation to issue
(1) The Contracting Parties undertake, under the conditions laid down in this Treaty, to issue, upon request, persons who are present within their territory for criminal proceedings or for the execution of penalties.
(2) Issue for the conduct of criminal proceedings shall be admissible only for acts for which a custodial sentence may be imposed under the laws of both Parties for a period exceeding one year.
(3) Issue for the execution of a sentence shall be admissible only for offences under the laws of the two Contracting Parties for which the requested person has been sentenced to imprisonment for at least one year or more.
(4) With the exception of the provisions of Article 34 (a) and (c), the extradition of persons who have committed unlawful acts against civil aviation security within the meaning of the provisions of the Convention on the Suppression of Illegal Authorisation for Aircraft, signed at The Hague on 16 December 1970 and the Convention on the Suppression of Illegal Acts Against Civil Aviation Security, signed at Montreal on 23 September 1971, as well as of persons who have committed unlawful acts within the meaning of the provisions of other international conventions against terrorism to which the Czechoslovak Socialist Republic of Czechoslovakia and the Democratic Republic of Afghanistan are or will be parties.
Refusal of extradition
The issue shall be inadmissible if:
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 44 / 1983 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Democratic Republic of Afghanistan on Legal Assistance in Civil and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1983 |
|---|---|
| Effective from | 08.12.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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