Communication from the Federal Ministry of Foreign Affairs No. 473 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia on the reciprocal transfer of sentenced persons to prison sentences
Valid
Effective from 27.10.1990
473
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 23 May 1989 the Treaty between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia was signed in Prague on the reciprocal transfer of sentenced to prison sentences.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Belgrade on 26 September 1990.
The Treaty entered into force on 27 October 1990 pursuant to Article 23 (1) thereof.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czechoslovak Socialist Republic and the Socialist Federative Republic of Yugoslavia on the reciprocal transfer of sentenced to prison sentence
Czechoslovak Socialist Republic
and
the Socialist Federal Republic of Yugoslavia,
led by the desire to further develop relations of mutual trust and cooperation in the contractual legal field, bearing in mind that the execution of a custodial sentence in the State of which the sentenced citizens are sentenced would contribute to the fuller resocialisation of criminal offenders, based on the principle of humanity, agree to conclude this Treaty.
To that end, they appointed their agents:
Czechoslovak Socialist Republic
JUDr. Jaromír Johannes,
Minister for Foreign Affairs,
Socialist Federal Republic of Yugoslavia
Dusana Rodić,
the extraordinary and authorised ambassador to the Socialist Federal Republic of Yugoslavia in the Czechoslovak Socialist Republic,
who, following the exchange of their full powers, found in good and proper form, have agreed as follows:
General provisions
(1) The Contracting States shall, under the conditions laid down in this Treaty, exercise each other's custodial sentences imposed by final judicial decisions condemning the citizens of one Contracting State to prison in the territory of the other Contracting State and, to this end, passing on the mutual consent of the citizens of the other Contracting State to exercise that sentence.
(2) A State citizen of a Contracting State shall be regarded as having his or her nationality under the law of that Contracting State.
(1) The competent authorities of the Contracting States shall meet directly under this Treaty; by the Czechoslovak Socialist Republic the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic, by the Socialist Federal Republic of Yugoslavia the Secretariat of the Justice of the Socialist Republics of Bosnia and Herzegovina, Macedonia, Slovenia, Serbia, Croatia, Montenegro and the Socialist Autonomous Regions of Vojvodina and Kosovo.
(2) The authorities referred to in paragraph 1 may also meet by diplomatic means.
(1) Applications made under this Treaty and the documents to be attached shall be drawn up in the language of the requesting Contracting State. They shall be accompanied by translations in one of the languages of the requested Contracting State. There's no need to verify them.
(2) Under this Treaty, "the language of the requesting Contracting State 'means:
a) in the Czechoslovak Socialist Republic, the Czech and Slovak languages;
(b) in the Socialist Federal Republic of Yugoslavia, the language of SerboCroatian, Croatian, Slovenian and Macedonian.
The Contracting States shall not hand over their own nationals for the execution of the sentence of imprisonment.
Transmission for the execution of the prison sentence
(1) The surrender of a sentenced person to serve the sentence of imprisonment shall be effected only if the offence for which the sentence has been imposed is punishable by criminal law under the law of the two Contracting States.
(2) The surrender of a sentenced person to serve the sentence of imprisonment may be effected after the judgment has become final.
No surrender shall be made for the execution of the sentence of imprisonment if:
(a) the transfer is not admissible under the law of one of the Contracting States;
(b) the tax, customs or foreign exchange or foreign trade rules have been infringed under the law of the requested Contracting State;
(c) the execution of a custodial sentence shall be suspended or not admissible for other legal reasons under the law of one of the Contracting States;
(d) the judgment has been delivered in the absence of the defendant;
(e) the transfer would jeopardise the security of the requested State or be contrary to the principles of public policy;
(f) the sentenced is domiciled in the territory of the Contracting State whose court delivered the judgment.
Except in the cases provided for in Article 6 of this Treaty, the surrender and execution of the sentence of imprisonment shall also not take place if:
(a) the consent of the Contracting States to surrender the sentenced under the conditions laid down in this Treaty has not been obtained, taking into account the defendant's observations;
(b) the sentenced person is in the execution of a custodial sentence in the territory of the Contracting State whose court has delivered the judgment, and at the time of the application, the sentence of imprisonment is less than 6 months. Where more than one prison sentence has been imposed, those sentences or the balances thereof shall be added.
(1) If a national of a Contracting State has been convicted of a criminal offence in the territory of the other Contracting State for imprisonment, the two Contracting States may request that the sentence be enforced in the territory of the State of which he is sentenced by a national citizen.
(2) A complaint for the transfer of a sentenced person to prison in the territory of a Contracting State of which he is a national citizen may be lodged in addition to the sentenced person who is entitled to appeal in criminal proceedings under the law of the Contracting State of which he is sentenced by a national citizen.
(3) The court which delivered the judgment will instruct the sentenced national state of the other State of the possibility referred to in paragraph 2 of this Article.
(1) Applications under this Treaty shall be made in writing.
(2) The Contracting State to which the judgment has been delivered by the Court shall add to the request for surrender to the execution of the sentence of imprisonment:
(a) a certified copy of the judgment with a certificate of legal authority, including the judgments or orders of the court of a higher degree, if any;
(b) the text of the provisions of the criminal law on which the conviction is based;
(c) personal data relating to the sentenced person, his citizenship, residence or place of residence;
(d) a certificate of the part of the prison sentence being carried out;
(e) a record of the statement condemned to the possibility of transmission;
(f) other documents and particulars which may be relevant for the examination of the application.
(3) The Contracting State to which he is sentenced by a national shall add to the request for surrender to the execution of the prison sentence:
(a) personal data on the sentenced person, his citizenship or, where appropriate, his residence or place of residence;
(b) other documents and particulars which may be relevant for the examination of the application.
(4) Where a request for surrender for the execution of a custodial sentence is made by a Contracting State to which he is sentenced by a national citizen, the Contracting State to which the court delivered the judgment shall, together with its favourable opinion, send the documents referred to in paragraph 2 (a), (b), (d), (e) and (f) of this Article.
If the request for surrender of the sentenced person for the execution of the custodial sentence does not contain all the necessary information or documents, the requested Contracting State may request its addition, to which it may specify a time limit. That period may be extended upon request. If the request for supplementation is not granted, the transfer of the sentenced person to the prison sentence shall be decided on the basis of existing data.
The requested Contracting State shall inform the requesting Contracting State, as soon as possible, of its agreement to take over the sentenced person under the terms of this Treaty or of non-compliance. Failure to comply with the application, whether partial or complete, shall be justified.
(1) The surrender of a sentenced person to serve the sentence of imprisonment to a Contracting State of which he is a national shall terminate the sentence in the territory of the Contracting State of which the court has delivered its judgment. The sentenced person who carries out the sentence of imprisonment in the territory of the Contracting State whose court has delivered the sentence shall remain in the execution of the sentence of imprisonment until the sentence of imprisonment is handed over to the Contracting State of which he is a national citizen.
(2) If the sentenced person avoids the execution of a custodial sentence in the territory of the Contracting State of which he is a national citizen, that Contracting State shall inform the Contracting State whose court has delivered the judgment thereof. If the sentenced person returns to the territory of the Contracting State whose court has delivered the judgment, that Contracting State shall be entitled to order the execution of the remainder of the prison sentence, unless surrender takes place.
(3) The law of the Contracting State whose court has delivered the judgment shall cease to apply to the execution of the sentence of imprisonment in the territory of the Contracting State of which he is sentenced by a national citizen.
(1) In the case of surrender of a sentenced person to serve the sentence of imprisonment, the Contracting State of which he is sentenced by a national citizen shall be bound by the nature of the case on which the judgment of the court of the Contracting State in which he was delivered is based.
(2) The Court of First Instance of a Contracting State to which it is sentenced by a State citizen shall, in accordance with its own law, issue a judgment with a penalty of imprisonment to be carried out, taking into account the sentence of imprisonment imposed in the Contracting State of which the Court of Justice has delivered a judgment, the sentence of imprisonment may not be replaced by a financial penalty.
(3) The judgment of the court of which the judgment has been delivered is exclusively authorised for the decision on the application for renewal of criminal proceedings.
(4) If, after transmission of the sentenced person to the prison sentence, the judicial decision of the Contracting State whose court has delivered the judgment has been revoked or amended, that Contracting State shall immediately inform the State of which it is sentenced by a national citizen. On the basis of a new decision, the court of the Contracting State of which he is sentenced by a national citizen shall decide on the further execution of the custodial sentence in accordance with the provisions of this Treaty.
(1) When a sentenced person is transferred to prison, the sentenced person may not be subject to a higher prison sentence than that imposed on him in the territory of the Contracting State whose court delivered the judgment.
(2) Part of the prison sentence which the sentenced person has carried out in the territory of the Contracting State whose court has delivered the judgment is to be included in the prison sentence to be executed in the territory of the Contracting State of which he is a national citizen.
(3) The Contracting State to which it is sentenced by a national citizen shall inform the Contracting State to which the judgment has been delivered by the court of the judgment of the decision on the sentence of imprisonment which the sentenced person will execute in its territory.
The execution of the custodial sentence, including conditional release, shall be governed by the law of the Contracting State in whose territory it is executed.
(1) Amnesty may be awarded both by the Contracting State whose court has delivered the judgment and by the Contracting State of which it is sentenced by a national citizen after the surrender. If such a decision is taken by a Contracting State whose court has delivered a judgment, it shall immediately inform the Contracting State of which it is sentenced by a national citizen.
(2) Grace to the condemned person after his surrender is granted by a Contracting State to which he is sentenced by a national citizen and to which he has been handed over for the execution of the sentence of imprisonment.
The transfer and takeover of the sentenced shall take place at the border crossing point of the Contracting State whose court has delivered the judgment. The place, time and manner of transmission and takeover of the sentenced shall be determined by common accord of the Contracting States.
The costs of the surrender of a sentenced person who was incurred before his surrender shall be borne by the Contracting State in whose territory they were incurred. The costs of air transport shall be borne by the Contracting State requesting such a transfer.
(1) At the request of the other Contracting State, the Contracting State shall authorise transit through its territory of the sentenced person who has been transferred by the third State to the requesting Contracting State. The requested Contracting State shall not be obliged to authorise the transit of the sentenced if it could refuse to surrender under this Treaty.
(2) An application for authorisation of transit shall be submitted and handled in the same way as a request for surrender for the execution of a prison sentence.
(3) The authorities of the requested Contracting State shall carry out transit operations in a manner which they consider most appropriate.
(4) The costs of transit to a sentenced person incurred in the territory of a Contracting State shall be borne by the Contracting State requesting transit.
The contract shall also apply to judicial decisions which were given before its entry into force.
Final provisions
The issues at issue arising from the implementation of this Treaty shall be addressed by the Contracting States through diplomatic channels.
This Treaty is subject to ratification. The instruments of ratification will be exchanged in Belgrade.
(1) This Treaty shall enter into force 30 days after the date of replacement of the instruments of ratification.
(2) This contract shall be concluded for an unlimited period. It may be denounced in writing by each Contracting State by diplomatic channels with a period of six months.
Dane in Prague on 23 May 1989 in two original copies, each in the Czech and Serbian languages, the two texts being equally authentic.
For
Czechoslovak Socialist
Republic of:
JUDr. Jaromir Johannes v. r.
For
Socialist Federative
the Republic of Yugoslavia:
Dušan Rodić v. r.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No. 473 / 1990 Coll., on the negotiation of the Treaty between the Czechoslovak Socialist Republic and the Socialist Federative Republic of Yugoslavia on the reciprocal transfer of sentenced to prison sentences |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.11.1990 |
|---|---|
| Effective from | 27.10.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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