Communication from the Federal Ministry of Foreign Affairs No 76 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic on Legal Assistance in Civil and Criminal Matters
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Effective from 13.02.1990
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76
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 19 January 1989 the Treaty between the Czechoslovak Socialist Republic and the Yemen People's Democratic 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 Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Aden on 14 January 1990.
The Treaty entered into force on 13 February 1990 pursuant to Article 52 (2) thereof.
The Czech version of the Treaty is published simultaneously.
TREATY
between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic on Legal Assistance in Civil and Criminal Matters.
Czechoslovak Socialist Republic and Yemen People's Democratic Republic,
Wishes to further develop relations between the two States in accordance with the Treaty between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic on Friendship and Cooperation of 14 September 1981; and
in order to deepen and improve the mutual relations between both States and in the field of legal relations,
have decided to conclude this contract and to this end have appointed their agents:
Czechoslovak Socialist Republic
academia Ján Pješčak,
Prosecutor General
the Czechoslovak Socialist Republic,
and
Yemen's People's Democratic Republic
Abdul Wasa Ahmed Salama,
the Minister for Justice,
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 that 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 have their registered office 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, labour and commercial matters.
(3) 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.
Scope of legal aid
The Contracting Parties shall provide each other with legal assistance through the implementation of individual acts, in particular by writing, sending and delivering documents and by interviewing participants, witnesses, accused or other persons, by the recognition and enforcement of decisions and in criminal matters, in particular by taking over criminal prosecution and extradition.
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) of the People's Democratic Republic of Yemen:
- 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 accused, the convicted, the injured and, where applicable, their representatives, their place of residence or residence, their nationality and occupation, in criminal matters, 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, the description and legal designation of the criminal offence and the data on the victim 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 signature, signed by the authorised official and stamped.
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, at the request of the requesting authority, notify the requesting authority 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 documents 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 documents to the addressee if it is willing to accept them voluntarily.
Proof of service
(1) The service shall be proved by a certificate signed by the consignee and 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 duplicate, it may be endorsed 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 on 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, for such an act may not be punishable by a sentence previously imposed or may not 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 person called upon shall be entitled to reimbursement of travel and subsistence expenses, as well as the loss of earnings, and the expert, in addition, of the expert's 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. In the event that the applicant authority collects these costs from the person who is obliged to pay them, the sum collected shall remain with the requesting Contracting Party.
Refusal of legal aid
The provision of legal assistance may be refused if the requested Contracting Party considers that the execution of such assistance could jeopardise its sovereignty or its security or would be contrary to its public policy.
In criminal matters, the granting of legal aid may be refused even if the request relates to an act which is not criminal under the law of the requested Contracting Party.
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 responsibility as soon as they have been entered in the register.
(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, as provided for in Article 16 (3) of this Treaty, copies of final decisions concerning the personal status of the citizens of the other Contracting Party.
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 resident in the territory of one of the Contracting Parties may not be required to lodge a defence guarantee for 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.
Exemption from fees and advances
In the territory of the other Contracting Party, 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 that Contracting Party. The same applies to the provision of a free legal representative.
(1) The benefits referred to in Article 20 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 resident.
(2) If the applicant is not resident or resident in the territory of either Contracting Party, the diplomatic mission or consular post of the Contracting Party to which the applicant is a citizen may issue the certificate.
(3) The judicial authority which decides on the application 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 20 of this Treaty to a citizen of the other Contracting Party, it shall apply to the whole procedure and to the enforcement procedure.
(1) If a citizen of one of the Contracting Parties intends to apply for the benefits referred to in Article 20 of this Treaty before the judicial authority of the other Contracting Party, he may also do so with the judicial authority responsible for his place of residence or 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.
(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 Contracting Party:
(a) the decision of the judicial authorities and of their conciliation in civil matters;
(b) decisions of judicial authorities in criminal matters relating to damages and other civil claims;
(c) the decisions of the arbitration bodies, including the conciliation before them.
(1) Decisions of the judicial authorities shall be recognised and enforced on the condition that:
(a) the decision shall be final and enforceable in accordance with the law of the Contracting Party in whose territory it is 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 such decisions may be issued and enforced in that State.
Decisions of the arbitration authorities shall be recognised and executed under the conditions laid down in Article 25 of this Treaty if:
(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 legal order chosen by the parties and, if the legal order has not been elected by the parties, under the legal order of the Contracting Party in whose territory the decision is to be recognised or enforced.
The recognition of the decision and the order for its enforcement 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 or enforceability, unless this results from the actual wording 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 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 official language of the requested Contracting Party or into the English language.
(1) The judicial authority which decides on an application for recognition or enforcement of a decision shall be limited to establishing whether the conditions laid down in Articles 25 and 26 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.
Enforcement of decisions on costs
(1) Where a party who is exempt from lodging a security for the costs referred to in Article 19 of this Treaty has been ordered by a final decision of the judicial authority of one of the Contracting Parties to pay the costs, that 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 28 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.
_
TRANSFER OF THE TREST COMPLAINTS
(1) Each Contracting Party undertakes, at the request of the other Contracting Party, to bring criminal proceedings against its citizen who has committed an act in the territory of the other Contracting Party which, under the law of the two Contracting Parties, is a criminal offence.
(2) The application for criminal prosecution shall be accompanied by files relating to the case, all available evidence, information on any damage and the text of the legislation applicable to the act in force at the place of the offence; If these annexes are not sufficient, additional information shall be sent at the request of the requested Contracting Party.
(3) If a citizen who is in custody in the territory of the requesting Contracting Party has been requested to take charge of the criminal prosecution, his return to the territory of the requested Contracting Party shall be arranged.
(4) Claims for damages brought before the judicial authorities of the requesting Contracting Party before the taking of the criminal prosecution will be dealt with in proceedings within the territory of the requested Contracting Party.
(5) The Contracting Party which initiated the prosecution shall notify the other Contracting Party without delay of the outcome of the prosecution. After the final decision has been taken, he shall send a copy.
(6) The judicial authorities of the requesting Contracting Party shall, on a provisional basis, waive the measures relating to prosecution in respect of an offence for which a request has been made to take over the prosecution. It shall definitively waive such measures if the person whose prosecution has been taken over has been in the requested State:
(a) final acquittal, or where the proceedings against it have been brought to a final standstill because the offence has not been established or because the offence is not a criminal offence;
(b) a final sentence has been imposed and the sentence has been fully executed, or, if the sentence has not been served, it has been remitted.
ISSUING
Obligation to issue
The Contracting Parties undertake, under the conditions laid down in this Treaty, to issue, upon request, persons for the purpose of prosecuting them or for the purpose of criminal proceedings for an act which, under the law of both Contracting Parties, is a criminal offence.
Refusal of extradition
The issue shall be inadmissible if:
(a) the requested person is a citizen of the requested Contracting Party;
(b) the act has been committed in the territory of the requested Contracting Party;
(c) under the law of the requested Contracting Party, criminal proceedings may not be initiated or the judgment may not be enforced on grounds of limitation or other legal grounds;
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No 76 / 1990 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic on Legal Assistance in Civil and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.03.1990 |
|---|---|
| Effective from | 13.02.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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