Decree No 8 / 1986 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Syrian Arab Republic on Legal Assistance in Civil, Family and Criminal Matters
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Effective from 08.11.1985
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8
DECLARATION
Minister for Foreign Affairs
of 20 November 1985
on the Treaty between the Czechoslovak Socialist Republic and the Syrian Arab Republic on Legal Assistance in Civil, Family and Criminal Matters
On 18 April 1984, the Treaty between the Czechoslovak Socialist Republic and the Syrian Arab Republic on Legal Assistance in Civil, Family and Criminal Matters was signed in Damascus.
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 Prague on 9 October 1985.
The Treaty entered into force on 8 November 1985 pursuant to Article 52 (2) thereof.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Syrian Arab Republic on legal aid in civil, family and criminal matters
Czechoslovak Socialist Republic
and
Syrian Arab Republic,
led by efforts to further develop friendly relations and cooperation between the two States and the desire to regulate legal cooperation in civil, family and criminal matters in a spirit of respect for sovereignty, national independence, equality, non-interference in internal affairs and mutual benefits, they have decided to negotiate this Treaty.
CHAPTER I
GENERAL PROVISIONS
(1) Citizens of one Contracting Party enjoy in the territory of the other Contracting Party the same legal protection of their personal and property rights as their own citizens.
(2) The citizens of one Contracting Party shall have the right to address freely and without obstacles to the courts and other authorities of the other Contracting Party, competent in civil, family and criminal matters (hereinafter referred to as the "judicial authorities'), to defend their interests against those authorities, to submit proposals and requests under the same conditions as its own nationals.
(3) The provisions of this Treaty on national citizens of the Contracting Parties shall also apply to legal persons established under the law of the Contracting Party in whose territory they have their registered office.
State citizens of one Contracting Party who contact the judicial authorities of the other Contracting Party and reside in the territory of one of the Contracting Parties may not be required to lodge any guarantee or payment of fees on the ground that they are foreigners or that they do not reside, reside or reside in the territory of the other Contracting Party.
(1) The judicial authorities of the Contracting Parties shall provide each other, on request, under the conditions laid down in this Treaty, with legal assistance in civil, family and criminal matters, in particular by drawing up, sending and delivering documents, questioning witnesses, participants or accused persons, by carrying out expert opinions.
(2) The judicial authorities meet through their central bodies through diplomatic channels.
(3) For the purposes of this Treaty, central authorities shall mean:
(a) on the part of the Czechoslovak Socialist Republic, the Ministry of Justice of the Czech Socialist Republic, the Ministry of Justice of the Slovak Socialist Republic and the General Prosecutor of the Czechoslovak Socialist Republic,
(b) on the part of the Syrian Arab Republic, the Ministry of Justice.
(1) Requests for legal aid and the documents annexed thereto shall be made in the language of the requesting Contracting Party and accompanied by a translation into the language of the requested Contracting Party or in the language of the French language.
(2) The application must be signed and stamped.
(3) The translation shall be verified by an official translator of the requesting Contracting Party.
The central authorities of the Contracting Parties shall, upon request, provide each other with information on the legislation applicable or applicable in their territory, together with their wording, as well as information on legal practice.
CHAPTER II
TRANSITIONAL LEGAL ASSISTANCE AND EXEMPTION FROM CHARGES AND COSTS
(1) National citizens of one Contracting Party shall be entitled to free legal aid and exemption from charges and charges, taking into account their personal, family and property circumstances, to the same extent and under the same conditions as the nationals of that other Contracting Party.
(2) The provisions of paragraph (1) shall also apply when a request for legal aid is made and when a document is sent in the same case.
(1) Confirmation of the personal, family and property conditions needed to obtain the benefits referred to in Article 6 of this Treaty 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 resident or resident in the territory of a third State, it is sufficient that the certificate is issued by a diplomatic mission or consular post of the Contracting Party to which the applicant is a national citizen.
The judicial authority which decides on the application for legal aid and the granting of the benefits referred to in Article 6 of this Treaty shall act under the law of its State. If necessary, it may request additional data.
(1) If a national of one of the Contracting Parties who is resident or resident in the territory of the other Contracting Party wishes to enjoy with the judicial authority of the other Contracting Party the benefits referred to in Article 6 of this Treaty, he may, in accordance with the legal order of that State, request the judicial authority competent according to his place of residence or residence.
(2) The judicial authority to which the application has been lodged shall ensure the translation of the application, the certificate referred to in Article 7 of this Treaty and any annexes to the language of the requested Contracting Party or the language of the French language.
(3) The judicial authority handling the application shall send it with the certificate referred to in Article 7 of this Treaty and with any annexes to the competent judicial authority of the other Contracting Party.
CHAPTER III
DETAILS OF THE COURT AND MIMOUSAL DOCUMENTS AND THE PROCESSING OF REQUESTS
(1) The Contracting Parties shall send each other documents and letters of legal assistance in civil, family and criminal matters in accordance with the provisions of Article 3 of this Treaty.
(2) The provisions of the preceding paragraph shall not preclude the Parties from serving all judicial or extrajudicial documents, intended for their national citizens, directly through their diplomatic missions or consular posts, provided that their national citizens agree to accept them. In this case, enforcement measures cannot be used.
The request for service of judicial or extrajudicial documents or for the execution of the request shall contain the following information:
(a) the designation of the applicant and requested authorities;
(b) the indication of the case in which legal aid is sought;
(c) the subject matter of the application;
(d) the name and surname, occupation, employment, residence or residence and nationality of the participants and accused persons, their name and registered office in the case of legal persons;
(e) the name, surname and address of the participants' representatives, if any;
(f) the name, surname and address of the consignee of the document;
(g) for requesting an indication of the act to be carried out and, where necessary, the questions to be asked;
(h) in criminal matters, the identification and description of the offence committed, the place and date of birth of the defendant and, where appropriate, the extract from his criminal record and the names and surnames of his parents.
The requested judicial authority shall service the documents in accordance with the law on the service of documents in force in its State if they have been drawn up in the language of the requested Contracting Party or accompanied by an officially certified translation into that language or French language. Otherwise, they shall deliver the documents to the recipient if the beneficiary agrees to accept them.
(1) Where the address of the person to be summoned to be heard or the document to be served is incomplete or inaccurate, the requested judicial authority shall, where possible, identify the exact address.
(2) If the requested judicial authority is not competent to handle the request, it shall send it to the competent authority on its own initiative and inform the requesting judicial authority accordingly.
The documents to be served shall be sent to the other Contracting Party in duplicate and shall be certified in accordance with the law of the requested Contracting Party in its second copy.
(1) The judicial authority of the requested Contracting Party shall proceed with the handling of requests under its law. However, at the request of the judicial authority of the requesting Contracting Party, it may proceed in the manner indicated in the request, unless this is contrary to the law of the requested Contracting Party.
(2) At the request of the requesting judicial authority, the requested judicial authority shall notify it in due time of the location and time of the request.
Upon completion of the request, the judicial authority of the requested Contracting Party shall return the files to the judicial authority of the requesting Contracting Party. If the request cannot be settled, it shall return the files and communicate the reasons for which the request could not be completed or for which it was rejected.
(1) The Contracting Parties shall not require the costs of carrying out the requested legal aid operations.
(2) The requested judicial authority shall notify the requesting judicial authority of the amount of the costs associated with the processing of the requests.
The granting of legal aid may be refused if the requested Contracting Party considers that the execution of the request could jeopardise its sovereignty or security or would be contrary to the fundamental principles of its rule of law or public policy.
(1) Documents issued or authenticated in the form prescribed by the law of one Contracting Party do not require further verification in the territory of the other Contracting Party. This also applies to signatures which have been verified in accordance with the provisions of one of the Contracting Parties.
(2) The instruments which are considered to be public in the territory of one of the Contracting Parties have the power of proof in the territory of the other Contracting Party.
(1) The central authorities of the Contracting Parties shall, upon request, assist each other in identifying the addresses of persons residing within their territory, where this is necessary to exercise the rights of their national citizens.
(2) Where entitlement to maintenance is claimed with the judicial authority of one Contracting Party against a debtor who resides in the territory of the other Contracting Party, the judicial authority of that Contracting Party shall, upon request, provide assistance in determining the source and the level of income of the debtor.
CHAPTER IV
SEND OF PERSONAL PROCESSING DOCUMENTS AND OTHER LISTS
(1) The competent authorities of the Contracting Parties shall send each other an extract of the matrices relating to the entries for nationals of one of the Contracting Parties in the matrices of the other Contracting Parties. Listings will be sent immediately after writing into the register.
(2) At the request of the competent authorities of the other Contracting Party, the competent authorities of one of the Contracting Parties shall send the requested extracts.
(3) Where additional entries, amendments or corrections for the personal status of nationals of the other Contracting Party are made in the matrix of one of the Contracting Parties, the competent authorities of that Contracting Party shall send a copy or extract of the matrix with the modifications and corrections made.
(4) The documents referred to in the previous paragraphs of this Article shall be sent free of charge by diplomatic means.
Requests for an extract from the register or any other document relating to the personal condition of a Contracting Party's national citizens 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 at the same time charge the applicant for drawing up the document.
The competent authorities of the Contracting Parties shall send each other copies of final decisions concerning the personal status of nationals of the other Contracting Party. Those decisions shall also specify the nationality of each person to whom the decision relates.
CHAPTER V
PROTECTION OF CERTIFICATE AND KNOWLEDGE
A witness or expert who has appeared on a summons to the judicial authority of the other Contracting Party may not, irrespective of his nationality, be prosecuted, brought into custody or in custody for an offence which is the subject of criminal proceedings in which he has been summoned for his testimony in that criminal proceedings or for any other offence committed prior to his departure from the territory of the requested Contracting Party.
The provisions of Article 24 of this Treaty shall not apply if the witness or expert of the territory of the requesting Contracting Party has not left it within 15 days of the date on which the judicial authority which has summoned him has informed him that his presence is no longer necessary. That period shall not exceed a period of time for which a witness or expert could not leave the territory of that Contracting Party for reasons independent of his will.
CHAPTER VI
RECOGNITION AND PERFORMANCE OF DECISIONS AND DECISIONS
(1) The Contracting Parties shall recognise and authorise the execution in their territory of the following decisions, issued in the territory of the other Contracting Party:
(a) judgments given in civil, family and commercial matters;
(b) judgments of the courts in criminal matters relating to damages and recovery of property;
(c) judgments of the courts which have approved conciliation in civil, family and commercial matters.
(2) Decisions within the meaning of paragraph (1) of this Article shall also be taken in matters relating to succession, given by the judicial authorities of the Contracting Party which, under the law of that Contracting Party, are competent to deal with matters relating to succession.
Decisions, as referred to in Article 26 of this Treaty, shall be recognised and may be enforced on condition that:
(a) the jurisdiction of the judicial authorities of the Contracting Party in whose territory recognition and enforcement are sought is not excluded;
(b) the decision shall be final and enforceable in accordance with the laws of the Contracting Party in whose territory it is issued;
(c) the recognition or enforcement of a decision shall not jeopardise the sovereignty or security of the Contracting Party in whose territory the decision is to be recognised and enforced, or contrary to the fundamental principles of its rule of law or its public policy;
(d) in the same case, of the same subject matter and for the same reason it was not previously given between the same parties a final decision by the competent judicial authority of the Contracting Party in whose territory the decision is to be recognised and enforced;
(e) the party against whom the decision has been given and who has not taken part in the proceedings has been sent in due time and properly in accordance with 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. The subpoena of the decree is not considered proper.
The recognition and enforcement order shall be the competent judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced.
(1) An application for recognition and enforcement shall be made directly to the competent judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced. An application for recognition and enforcement may also be lodged with the judicial authority which has taken a decision on the matter as a first instance body. That authority shall handle or forward the application to the competent judicial authority.
(2) The application shall be accompanied by:
(a) a certified copy of the judgment, as well as a statement of the power and enforceability of the decision, where this does not result from 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 sent in good time and duly served and has been duly represented in the event of a procedural incapacity;
(c) the certified translation of the documents referred to in points (a) and (b), as well as the translation of the request in the language of the requested Contracting Party or in the language of the French language.
(3) An application for enforcement may be made at the same time as a request for its recognition.
(1) The judicial authority of the Contracting Party within the territory of which the decision is to be recognised and enforced carries out the procedure for the recognition and enforcement of decisions under the law of its State.
(2) In proceedings for recognition and enforcement of decisions, the judicial authority shall be confined to establishing whether the conditions laid down in Article 27 of this Treaty have been met. If these conditions have been met, the decision shall be recognised or allowed to be enforced.
(1) The decision on the obligation to pay the costs of the court and the fees shall be made free of charge on request in the territory of the other Contracting Party.
(2) The judicial authority of the Contracting Party in whose territory a decision has imposed an obligation to pay judicial costs or judicial fees shall request the competent judicial authority of the other Contracting Party to enforce this decision. The application shall be accompanied by a certified copy of the decision on the amount of the judicial costs or charges, a statement that the decision is a final and enforceable and a certified translation of those documents in the language of the requested Contracting Party or in the language of the French language.
(3) The judicial authority which authorises the enforcement of the decisions referred to in paragraph 1 of this Article shall be confined to the finding of facts showing that the decision is final and enforceable. The amount to be recovered shall be forwarded to the diplomatic mission or consular post of the Contracting Party whose judicial authority has requested recovery.
(1) The Contracting Parties shall recognise and authorise, in their territory, the exercise of arbitral findings in matters of trade, issued in the territory of the other Contracting Party, under the Convention on the Recognition and Enforcement of Foreign Arbitration, negotiated in New York on 10 June 1958.
(2) Arbitration findings in civil matters, issued in the territory of one of the Contracting Parties, will be recognised and enforced in the territory of the other Contracting Party under the conditions laid down in Articles 27 and 29 of this Treaty to the extent that they may be used for arbitration findings.
The application of the provisions on the enforcement of decisions and arbitration findings shall be in accordance with the laws of the Contracting Parties on the transfer of money or the export of items obtained from the enforcement of decisions.
CHAPTER VII
ISSUING
(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 offences 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 both Parties for which the requested person has been sentenced to prison for at least one year or more.
They may not be issued:
(a) persons who, at the date of receipt of the request for extradition, are nationals of the requested Contracting Party;
(b) persons without citizenship resident in the territory of the requested Contracting Party;
(c) persons who have acquired the right of asylum in the territory of the requested Contracting Party.
The issue shall be inadmissible if:
(a) the act has been committed in the territory of the requested Contracting Party;
(b) the offence for which extradition is sought has been committed outside the territory of the requesting Contracting Party and the law of the requested Contracting Party does not permit the prosecution of a similar offence committed outside its territory;
(c) the law of one of the Contracting Parties does not permit extradition;
(d) under the law of one of the Contracting Parties, criminal proceedings may be initiated only on the basis of a request from the injured party;
(e) the act for which extradition is sought shall be suspended or amnesty under the law of one of the Contracting Parties, or where any other legal reason does not permit the opening of criminal proceedings or the execution of a sentence;
(f) a final decision has been taken or the judicial authorities of the requested Contracting Party have stopped criminal proceedings against the person for whom extradition is sought.
(1) Where the person for whom extradition is sought is prosecuted or is required to serve the sentence of imprisonment imposed by the judicial authority of the requested Contracting Party for an offence committed in the territory of the requested Contracting Party other than that for which extradition is sought, extradition may be deferred.
(2) In the event of postponement, extradition shall take place after the end of the criminal proceedings or the end of the sentence.
(3) If the postponement would result in a statute of limitations on criminal prosecution or could cause serious difficulties in the investigation of criminal offences, temporary extradition may be permitted, provided that the person issued is returned immediately after the procedural acts for which extradition has been granted have been carried out.
(1) The person issued may be prosecuted for offences other than those for which he or she has been extradited, subject to a penalty other than that for which he or she has been extradited and may be issued to a third State only if the requested Contracting Party has agreed to this.
(2) There is no need for the consent of the requested Contracting Party if a person who is not a national citizen of the requesting Contracting Party has not left the territory of the requesting Contracting Party within 1 month of the end of the criminal proceedings or the execution of the sentence, even if he had this option or if he voluntarily returned to them after leaving that territory.
(1) The request for extradition shall be made in writing and sent by diplomatic means to the requested Contracting Party. It shall contain the names and surnames of the person to be issued, the date and place of birth, his citizenship, the details of his residence, the details of the offence and the damage caused by the offence.
(2) The request for extradition shall be accompanied by a certified copy of the arrest warrant describing the offence committed, the evidence and the text of the provisions of the law applicable to the offence; If property damage has been caused by a criminal offence, the amount shall be indicated.
(3) The application for enforcement shall be accompanied by a certified copy of the final judgment and by the texts of the provisions of the law applicable to the offence. If the sentenced part of the sentence is served, it will be announced which part he served.
(4) If the request for extradition does not contain all the necessary information, the requested Contracting Party may request additional information. The other Party shall comply with this request within a period not exceeding 2 months. That period may be extended by 15 days at the reasoned request of the requesting Contracting Party.
(5) If the requesting Contracting Party does not submit additional information within the time limit set, the requested Contracting Party may release the person arrested.
Upon receipt of the request for extradition, if the conditions for extradition have been fulfilled, the requested Contracting Party shall without delay take the measures to arrest the person referred to in the request for extradition.
(1) A person may also be arrested before a request for extradition is received if the requesting Contracting Party has expressly requested this. An arrest warrant or final decision issued against that person shall be indicated in the request for a preliminary arrest, with an additional order being sent. A request for a preliminary arrest may be made by post, telegraph or telephone.
(2) The requesting Party shall be informed without delay of the arrest made pursuant to the preceding paragraph of this Article.
(3) A provisional arrest decided pursuant to paragraph (1) of this Article may not take more than 1 month.
(1) The requested Contracting Party shall notify the requesting Contracting Party of its decision to issue. In the case of an authorisation to issue, it shall notify it of the place, date and time of transmission of the issue; otherwise it shall state the reasons for which it has not authorised the issue.
(2) If a representative of the requesting Contracting Party fails to arrive at the place and at the time for the removal of the person whose extradition has been granted and unless the requesting Contracting Party requests a deferral not exceeding 7 days, the requested person shall be released immediately. If a request for extradition is repeated, it may be rejected.
Where several States apply for extradition, the requested Contracting Party shall decide which request shall be granted. In doing so, it shall take account, in particular, of the national citizenship of the requested person, of the nature of the offence and of the place of its commission, as well as of the order of service of each application.
If the person is expelled from the territory of the requested Contracting Party and returned to the territory of the requested Contracting Party, he may be re-issued at a new request. In that case, it is no longer necessary to attach the documents referred to in Article 39 of this Treaty to the request.
(1) At the request of the requesting Contracting Party, the requested Contracting Party shall:
(a) documents and items which may serve as evidence in criminal proceedings; those matters shall be transferred even if the requested person is not extradited for his death, for evading prosecution or otherwise;
(b) goods derived from or used to commit an offence.
(2) A certificate shall be issued for the issue of the items.
(3) If the requested Contracting Party needs the requested case in another criminal proceedings, it may temporarily detain or extradite it, provided that it is returned.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 8 / 1986 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Syrian Arab Republic on Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.02.1986 |
|---|---|
| Effective from | 08.11.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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