Communication from the Federal Ministry of Foreign Affairs No 508 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on Legal Assistance in Civil and Criminal Matters
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Effective from 01.11.1990
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508
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 6 December 1985 the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on Legal Assistance in Civil and Criminal Matters was signed in Prague.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czech and Slovak Federal Republic. The instruments of ratification were exchanged in Rome on 24 September 1990.
The Treaty entered into force on 1 November 1990 pursuant to Article 49 (2) thereof. On that date, the Convention between the Republic of Czechoslovakia and the Kingdom of Italy on the Legal Protection of Nationals of 6 April 1922, Declared No 126 / 1926 Coll., the Convention between the Republic of Czechoslovakia and the Kingdom of Italy on the Enforcement of Judgments in Civil and Commercial Matters of 6 April 1922, Declared No 127 / 1926 Coll., and the Convention between the Republic of Czechoslovakia and the Kingdom of Italy on the Issue of Crimes of 6 April 1922, Declared No 128 / 1926 Coll.
The Czech version of the Treaty is hereby published at the same time.
TREATY
between the Czechoslovak Socialist Republic and the Italian Republic on legal aid in civil and criminal matters
President of the Czechoslovak Socialist Republic and President of the Italian Republic,
led by the desire to develop friendly relations and cooperation between the two States in accordance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe; and
in order to improve mutual cooperation in the legal field,
they agreed as follows:
GENERAL PROVISIONS
Legal protection
(1) Citizens of one Contracting Party enjoy in the territory of the other Contracting Party the same rights and the same legal protection in personal and property matters as their own citizens.
(2) Citizens of one Contracting Party shall have free access in the territory of the other Contracting Party to the judicial authorities of that Party under the same conditions as citizens of the other Contracting Party to the application and defence of their interests.
(3) The provisions of this Treaty concerning the citizens of the Contracting Parties shall apply mutatis mutandis to legal persons established under the law of one of the Contracting Parties.
Legal aid
(1) The judicial authorities of both Contracting Parties shall provide mutual legal assistance in matters governed by this Treaty.
(2) The Contracting Parties shall provide each other with legal assistance by carrying out various acts, in particular by drawing up, sending and delivering documents, carrying out evidence and expert opinions, interviews of participants, witnesses and accused persons and by securing and transmitting factual evidence.
Definition of terms
(1) For the purposes of this Treaty, the term "civil matters' shall also include family, labour and commercial matters.
(2) For the purposes of this Treaty, the term "judicial authority 'shall mean any national authority of one of the Contracting Parties competent to deal with cases governed by this Treaty under the law of its State.
(3) For the purposes of this Treaty, the central bodies in the Czechoslovak Socialist Republic are the General Prosecutor of the Czechoslovak Socialist Republic, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic; in the Italian Republic, the Ministry of Justice.
Method of contact
The judicial authorities shall send requests for service of documents and legal assistance, unless otherwise provided for in this Treaty, through their central authorities.
Language
(1) The central authorities of the Contracting Parties shall use their official languages or French language in their mutual relations in the implementation of this Treaty.
(2) The request, including the annexes, shall be made out in the language of the requesting Contracting Party with translation into the language of the requested Contracting Party or into the language of the French language.
(3) The translation associated with the request shall be obtained by an official interpreter or verified by a diplomatic mission or consular post of one of the Contracting Parties.
Request
(1) Requests for legal aid must include:
(a) the designation of the applicant authority;
(b) the designation of the requested authority where this can be maintained;
(c) the subject matter of the request, the actions to be carried out;
(d) an indication of the case in which legal aid is sought;
(e) the names 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, 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;
(f) in criminal matters, also a summary of the facts and the legal description of the criminal offence and the data on the damage and possible damage.
(2) The application for legal aid shall be accompanied by the date of completion, signature by hand and an official stamp.
Processing of requests
(1) The requested Contracting Party's authority shall act in accordance with the legal order of its State when handling the request. However, it may, at the request of the requesting Contracting Party's authority, make the request in the manner stated therein, unless this is contrary to its legal order. The request must be settled as soon as possible.
(2) If the central authority to which the request has been sent is not competent, it shall forward it to the competent central authority on its own initiative and inform the requesting authority accordingly.
(3) If the address indicated in the request is not accurate or unknown, or if the person to whom the request relates does not reside at that address, the requested authority shall take the necessary steps to ascertain it. If the address cannot be established, the request shall be returned to the requesting Contracting Party.
(4) The requested authority shall inform the requesting authority in due time, at its request, of the place and time of the receipt of the request. The authorities and persons concerned by the request may be present when the requested Contracting Party so agrees.
(5) Upon completion of the request, the requested Contracting Party shall return the file to the requesting Contracting Party; in the event that the request cannot be dealt with, he shall return the files and notify the reasons which prevented the request.
Service
The requested authority shall arrange for the service of documents if the document served is written in or accompanied by an official or certified translation into the language of the requested Contracting Party. Otherwise, the requested authority shall deliver the document to the addressee only if it is willing to accept it.
Proof of service
(1) The service shall be proved by a certificate signed by the consignee and stamped with an official stamp, the date and signature of the service authority or by that authority, issued by a certificate indicating the method, place and date of service. Where the document to be served is sent in two copies, the receipt of the document and the service may be certified on the second copy, indicating the above.
(2) The proof of notification is sent by the requested Contracting Party without delay to the requesting Contracting Party. In the event that service cannot be effected, the requested Contracting Party shall immediately notify the other Contracting Party of the reasons which prevent service.
Legal information
One Contracting Party shall, at the request of the other, in its language, send information on its legislation, including the texts thereof, as well as on the practice of judicial authorities.
Sending personal documents
One Contracting Party shall forward to the other, free of charge, the documents relating to the personal status and the extracts from the register, as well as the documents relating to the status and eligibility of persons, provided that such documents are requested for the purpose of judicial proceedings.
Validity of authentic instruments
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 when implementing this Treaty.
Exemption from verification
Documents, including copies and translations thereof, issued or authenticated by the competent authority of one of the Contracting Parties and bearing the signature and stamp of the official, drawn up in connection with the request, shall not require verification in the territory of the other Contracting Party.
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 posts; However, enforcement measures may not be used.
Legal aid costs
The Parties shall not require the reimbursement of costs of legal assistance other than fees and other expenses incurred in connection with the carrying out of expert evidence.
Refusal of legal aid
The granting of legal aid may be refused only if:
(a) the requested Contracting Party considers that the execution could jeopardise its sovereignty or its security or would be contrary to its public policy;
(b) the application relates to an act for which extradition is not possible under the provisions of this Treaty.
Protection of witnesses and experts
(1) A witness or expert who, following a summons by the requesting Contracting Party's authority to that authority, may not be prosecuted, prosecuted, arrested or subjected to any other restriction of personal liberty in respect of acts or criminal offences committed prior to crossing the national borders of the requesting Contracting Party, irrespective of his citizenship.
(2) The provisions of the preceding paragraph shall not apply after 15 days from the date on which the requesting Contracting Party notified the witness or the expert that his presence was no longer necessary. Within that period, no account shall be taken of the period during which a witness or expert could not leave the territory of the requesting Contracting Party for reasons independent of him.
The provisions of the preceding paragraph shall not apply to a witness or expert who has left the territory of the requesting Contracting Party and has voluntarily returned there.
(3) The witness or expert invited shall have the right to reimbursement of travel and subsistence expenses, as well as the loss of earnings and 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.
(4) A person 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 required 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.
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 may not be required to lodge a defence guarantee on the costs of the proceedings only because they are foreigners or because they are not resident or temporarily resident in the territory of the other Contracting Party.
Enforcement of decisions on costs
(1) Where a person who is exempt from lodging a security for the costs referred to in Article 18 of this Treaty has been ordered by a final decision of the judicial authority of one Contracting Party to pay the costs, the decision shall be made free of charge on the application of the person entitled in the territory of the other Contracting Party.
(2) The proposal and its annexes shall be drawn up in accordance with Article 25 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 determining whether a decision on costs is enforceable.
Exemption from fees and advances
(1) Citizens of one Contracting Party are granted exemption from judicial fees and advances in the territory of the other Contracting Party, other costs of proceedings and other benefits granted under the same conditions and to the same extent as citizens of the other Contracting Party.
(2) The provisions of the preceding paragraph also apply to the provision of free legal aid.
(3) Where one Contracting Party has granted the benefits referred to in the preceding paragraphs to a citizen of the other Contracting Party, it shall apply to the entire procedure and also to the enforcement proceedings under the same conditions and to the same extent as to the citizens of that Contracting Party.
Certificate of the applicant's personal and property ratios
(1) Where the benefits provided for in Article 20 of this Treaty depend on the applicant's personal or property circumstances, they shall be granted on the basis of the applicant's personal and property certificates issued by the competent authority of the Contracting Party in whose territory the applicant is resident.
(2) If the applicant is not resident in the territory of either Contracting Party, the diplomatic mission or consular office of the Contracting Party to which he is a citizen may issue the certificate.
(3) The authority issuing the certificate which accepts it or is to decide on a request for benefits may request additional information or clarification from the authority of the other Contracting Party.
Submission of an application for benefits
A citizen of one Contracting Party who intends to apply for the benefits referred to in Article 20 of this Treaty in the territory of the other Contracting Party may do so with the competent authority according to his place of residence or temporary residence. That authority shall forward the application together with the certificate issued pursuant to Article 21 of this Treaty to the judicial authority of the other Contracting Party.
RECOGNITION AND PERFORMANCE OF DECISIONS IN CIVIL MATTERS
Decisions recognised and enforced
One Contracting Party shall recognise and enforce in its territory the following decisions of the judicial authorities of the other Contracting Party:
(a) decisions given in civil matters;
(b) approved conciliation in civil matters;
(c) judgments given in criminal proceedings relating to damages and recovery.
Conditions for recognition and enforcement
(1) Decisions referred to in Article 23 of this Treaty shall be recognised and enforced on condition that:
(a) the decision has been given in a legal matter which does not fall within the exclusive competence of the requested Contracting Party or a third State under the laws of the requested Contracting Party or of a contract concluded between that Contracting Party and a third State;
(b) has acquired legal authority and is enforceable under the law of the Contracting Party in whose territory it has been issued;
(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) in the territory of the Contracting Party where the decision is to be recognised or enforced, a decision which has acquired legal authority has not been given between the same parties in the same case;
(e) the judicial authority of the Contracting Party within the territory of which the decision is to be recognised or enforced does not take place between the same parties on the same matter as first initiated;
(f) 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 territory of the requested Contracting Party, even if they are subject to sound remedies where similar decisions may be issued and enforced there.
Application for recognition or enforcement
(1) An application for recognition or enforcement may be made directly to the competent judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced. The application may also be submitted to the judicial authority which has decided on the matter as a first instance body or by diplomatic means. In the latter two cases, the application shall be forwarded to the authority of the other Contracting Party in accordance with Article 4 of this Treaty.
(2) The application for recognition or enforcement should be accompanied by:
(a) a certified copy of the decision of the judicial authority certified as having legal power and enforceability or provisional enforceability, provided that such facts do not result from the content of the decision;
(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 legal or personal incompetence, unless this results from the wording of the decision itself;
(c) a certified translation of the documents referred to in points (a) and (b) of this paragraph into the language of the Contracting Party within the territory of which the decision is to be recognised or enforced or in the French language.
Recognition and enforcement procedure
(1) The judicial authorities of the Contracting Parties shall, unless otherwise provided for in this Treaty, proceed in proceedings for the recognition and enforcement of decisions under the laws of their Member States.
(2) The judicial authority which decides to recognise or enforce a decision shall be limited to determining whether the conditions laid down in Articles 23 and 24 of this Treaty have been met.
LEGAL ASSISTANCE IN THURSTIC MATTERS
Reference
Provisions of the Title This Treaty shall also apply mutatis mutandis to the provision of legal assistance in criminal matters.
Notification of convictions
(1) A Party shall immediately inform the other Party of judgments in criminal matters which its courts have brought before the citizens of the other Party and which have acquired legal authority.
(2) At the request of one Contracting Party, the other Contracting Party shall also report on judgments handed down against the citizens of the other Contracting Party which have not yet acquired legal authority.
Penal records
One Contracting Party shall, at the request of the other Contracting Party, send extracts from the criminal record for the purposes of criminal proceedings in which legal assistance may be requested.
Obligation to issue
(1) The Contracting Parties undertake to issue, under the conditions laid down in this Treaty, persons who reside in their territory and are prosecuted for a criminal offence or have been convicted by the judicial authority of the other Contracting Party.
(2) The following shall be issued:
(a) persons prosecuted for criminal offences for which, under the laws of both Parties, a custodial sentence of at least one year may be imposed;
(b) persons who have been convicted by the courts of the requesting Contracting Party of criminal offences under the laws of the Contracting Parties for at least six months, provided that the part of the sentence still outstanding is not less than 6 months.
(3) In the case of a request for extradition relating to multiple criminal offences, some of which do not comply with the penalty referred to in the preceding paragraph, the requested Contracting Party may authorise extradition for all such offences.
Refusal of extradition
(1) Release shall be refused:
(a) where the offence has been committed by a person who, at the date of the request for extradition, is a citizen of the requested Contracting Party or of a person who has granted political asylum or who is a homeless person living in the territory of that Party;
(b) if, under the law of the requested Contracting Party, the offence has been committed in whole or in part in the territory of that Party;
(c) where the offence for which extradition is sought is a criminal offence exclusively in accordance with the legal regulations of the printing, financial, customs or cash;
(d) where the offence for which an application is made is exclusively a violation of the military obligation;
(e) if, under the law of one of the Contracting Parties, a criminal offence for which extradition is sought cannot be prosecuted or the judgment cannot be enforced on grounds of limitation, amnesty or other legal grounds;
(f) where, in respect of the same criminal offence for which extradition is sought, a judgment has been rendered in the territory of the requested Contracting Party which has acquired legal authority or criminal proceedings has been terminated by a final decision of the judicial authority of that Party;
(g) where the offence has been committed by an alien outside the territory of the requesting Contracting Party and the law of the requested Contracting Party does not permit criminal prosecution for such an offence committed outside its territory;
(h) - an Italian party where the offence for which extradition is sought is considered a political offence or an offence related to such a criminal offence;
- the Czechoslovak Party, where that Party considers that the processing of an extradition request is contrary to its constitutional principles.
(2) Where extradition is refused, the requested Contracting Party shall inform the requesting Contracting Party without delay and state the reasons for the refusal.
Actions against civil aviation and terrorist acts
Except as provided for in Article 31, the extradition of persons who have committed acts against civil aviation security within the meaning of the provisions of the Convention on the Suppression of Illegal Authorisation of Aircraft, opened for signature on 16 December 1970 in the Hague, the Convention on the Suppression of Illicit Offences of Civil Aviation Security, opened for signature on 23 September 1971 in Montreal and the Convention on the Suppression and Punishment of Crimes against Persons enjoying International Protection, including Diplomatic Representatives, opened for signature on 14 December 1973 in New York, as well as persons who have committed acts within the meaning of the provisions of other international conventions against terrorism, the Parties to which the Czechoslovak Socialist Republic of Czechoslovakia and the Italian Republic shall be.
Request for extradition
(1) An application for extradition shall be accompanied by:
(a) an arrest warrant or other instrument having the same validity;
(b) a report containing an account of the facts, a legal indication of the offence committed and an indication of the evidence available;
(c) the text of the provisions of the law relating to a criminal offence committed by the person for whom extradition is sought.
(2) The application for enforcement shall be accompanied by:
(a) a copy of the judgment which has acquired legal authority;
(b) the text of the provisions of the law applicable to the act in question;
(c) a statement of what part of the sentence the sentenced person may have already carried out.
(3) Where possible, the request for extradition shall be accompanied by a description of the person for whom the extradition is sought, his photographs, fingerprints and information on his or her citizenship, personal, family, property and place of residence, provided that such information is not contained in the arrest warrant or judgment.
(4) The documents referred to in paragraphs 1 to 3 of this Article must bear the stamp of the authority responsible for drawing them up.
(5) An application for extradition and annexes shall be sent by diplomatic means with translation into the language of the requested Contracting Party or in the language of the French.
(6) The requesting Contracting Party shall not be obliged to add to the request for extradition evidence of the guilt of the person for whom extradition is sought.
Arrested for extradition purposes
(1) Upon receipt of a request for extradition, the requested Contracting Party shall immediately take the necessary measures to arrest the person for whom extradition is requested.
(2) Such measures shall not be taken if it is clear that extradition under this Treaty cannot take place.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 508 / 1990 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Italian Republic on Legal Assistance in Civil and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.12.1990 |
|---|---|
| Effective from | 01.11.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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