Decree of the Minister for Foreign Affairs No. 87 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on extradition
Valid
Effective from 01.10.1985
87
DECLARATION
Minister for Foreign Affairs
of 26 August 1985
on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on extradition
On 18 November 1982, the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on extradition was signed in Vienna.
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 11 July 1985.
The Treaty shall enter into force on 1 October 1985 on the basis of Article 37 (2) thereof.
The Czech version of the Treaty is published simultaneously.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Austrian Republic on extradition
President of the Czechoslovak Socialist Republic and Federal President of the Republic of Austria,
led by efforts to deepen and facilitate legal relations and legal relations between the two States,
and led by the wish to fully and fully implement the provisions of the Final Act of the Conference on Security and Cooperation in Europe,
they agreed to conclude this contract.
To that end, they appointed their agents:
President of the Czechoslovak Socialist Republic
Bohuslav Chubek, Minister of Foreign Affairs of the Czechoslovak Socialist Republic,
Federal President of the Republic of Austria
Dr Willibald Pahra, Federal Minister for Foreign Affairs of the Republic of Austria,
who, following the exchange of their full powers, found in good and proper form, have agreed on the following:
The Contracting States undertake to issue each other, on request, in accordance with the provisions of this Treaty, persons who, in the requesting State, are prosecuted for a criminal offence or are sought for the purpose of the execution of a court-ordered sentence or protection measure.
Requests for extradition and transit shall be made in writing. Written relations between the Prosecutor General of the Czechoslovak Socialist Republic, the Minister of Justice of the Czech Socialist Republic and the Minister of Justice of the Slovak Socialist Republic, on the one hand, and the Minister of Justice of the Republic of Austria, on the other. Diplomatic travel is not excluded.
(1) Issue shall be permitted to prosecute acts for which, under the law of both Contracting States, there is a penalty of imprisonment exceeding one year or a safeguard measure of equal duration or more severe.
(2) Issue for the enforcement of penalties or safeguard measures which have been lawfully declared as one or more of the acts referred to in paragraph 1 shall be permitted when the duration of the penalties or protective measures to be carried out or the remainder of them not yet carried out is at least one year. The extradition shall be permitted even if only one of the offences for which a conviction has taken place is punishable by a sentence of imprisonment of more than one year and the court may, under the law of both Contracting States, impose a penalty for other acts.
In any event, extradition shall be permitted if a multilateral convention obliges the requested State to issue.
The citizens of the requested State shall not be extradited.
Issue shall not be authorised if:
1. would not be compatible with the obligations of the requested State arising from multilateral conventions,
2. it would infringe the principles of the rule of law or other essential interests of the requested State; or
3. extradition is sought for an act which, in the view of the requested State, is a criminal offence of a political nature in respect of which, in view of all the circumstances of the case, in particular the manner in which the offence is committed, the means used or intended or the severity of the consequences or possible consequences do not outweigh the criminal nature.
No extradition shall be granted where extradition is sought for an act which, in the view of the requested State, is, under its law:
1. an act of military nature; or
2. an act which has infringed tax, monopoly, customs or foreign exchange regulations or regulations relating to the management of goods or foreign trade.
(1) No extradition shall be granted for acts which are subject to the jurisdiction of the courts of the requested State.
(2) Issue may be authorised, irrespective of paragraph 1, if it is permitted for another act and taking account of special circumstances, in particular for the purposes of establishing the truth, the measure of punishment or its enforcement, to give priority to the conduct of criminal proceedings in the requesting State.
Issue shall not be permitted if the person to be issued is the person to whom the application relates:
1. Convicted by a court of a third State and the sentence has been fully enforced, or, where appropriate, in the whole or in part of the remission which has not yet been carried out, or the enforceability thereof is suspended under the law of a third State; or
2. The court of the third State in which the offence was committed has been final or its prosecution terminated.
No extradition shall be granted if the criminal prosecution or enforcement of a penalty or safeguard measure is suspended under the law of the requesting or requested State.
In order to enforce the sentence or safeguard measure imposed by a final decision on the basis of legal proceedings conducted in the absence of the person to be extradited, extradition shall be permitted only if the person has been notified of the proceedings brought against him and has been able to exercise his rights of defence in that proceedings, or if the requesting State has assured that, after extradition, the proceedings will be reopened under his law in the presence of the person given.
No extradition shall be granted if the person for whom extradition is sought enjoys asylum in the territory of the requested State.
If the offence is a death penalty under the law of the requesting State, but not under the law of the requested State, the death penalty may not be imposed or enforced in the requesting State.
The extradition of persons who have been criminally irresponsible under the law of the requested State or under the law of the requesting State at the time of the offence due to their age shall not be authorised.
Discharge may be refused if the person to be extradited, having regard to the seriousness of the offence on which he is guilty, would appear to have been unduly severe due to his youth or advanced age, his or her state of health, his or her long-term residence in the requested State or for other extremely serious reasons relating to his or her personal circumstances.
If the conditions for extradition under this Treaty are fulfilled, the issue of an amnesty declared in the requested State shall not be prevented.
The obligation to issue shall be without prejudice to the absence of an application or authorisation to prosecute which is necessary under the law of the requested State.
Issue for the enforcement of a sentence or safeguard measure imposed by an extraordinary court which has only been temporarily imposed shall not be authorised. In the event of extradition for criminal prosecution, the person issued may not be brought before such court in the requesting State.
(1) A person who has been extradited may not be prosecuted or punished for an act committed before his or her surrender which is not covered by his or her extradition authorisation or for any other reason occurring before the surrender.
(2) The restriction referred to in paragraph 1 shall lapse if:
(a) the requested State shall give its consent to the criminal prosecution or execution of a court-ordered sentence or safeguard measure. The request for consent shall be accompanied by the documents referred to in Article 23 and by a protocol showing the opinion of the person given on the intended extension of the criminal prosecution or enforcement. Interview must be conducted by a judge or prosecutor while respecting legal regulations. The person issued shall be informed of the meaning and purpose of the hearing. Consent shall be granted if the act to which the application relates results in an obligation to authorise extradition under this Treaty; or
(b) the person who has been extradited after his final release has remained in the territory of the requesting State for more than 45 days, although he may and may have left them, or if, after leaving that State, he voluntarily returns to him or he is legally returned to him from a third State. A conditional release without a regulation restricting the freedom of movement of a person shall be equal to the final release of a person.
(3) The requesting State may take the measures necessary under its law to ensure that the person issued is transported outside the territory or to avoid limitation.
(4) Within the period referred to in paragraph 2 (b), the person issued shall be authorised to leave without account being taken of any national provisions of the requesting State which would prevent it, unless, after his or her extradition, that person has committed a new offence which is criminal. In that case, the period referred to in paragraph 2 shall begin. (b) only when the person who has been extradited is finally released in the proceedings which have been initiated for that act.
If, during the proceedings in the requesting State, the action is assessed in law other than the issuing procedure, the person issued may be prosecuted or sentenced, in accordance with Article 19, only in so far as the state of the case has been found to permit extradition under a new legal assessment. In case of doubt, the requesting State shall obtain the opinion of the requested State.
(1) The person issued may be issued for an act committed before being transferred to a third State only with the consent of the requested State. The request for further extradition to a third State shall be accompanied by a copy or certified copies (copies) of the documents of the third State of issue and a protocol showing the opinion of the person to be issued on the intended further issue. Interview must be conducted by a judge or prosecutor while respecting legal regulations. The person issued shall be informed of the meaning and purpose of the hearing.
(2) There is no need for a further issue if one of the assumptions of Article 19 (2) (b) is given.
Applications submitted under this Treaty and the supporting documents shall not be accompanied by translations thereof.
(1) The request for extradition shall be accompanied by a copy or a certified copy (copy) of the arrest warrant, an instrument of equal effectiveness or an enforceable judicial decision.
(2) In addition, if this is not included in these instruments:
(a) a statement of the crime, indicating the place and time of its commission;
(b) the legal assessment of the offence and the text of the legal provisions to be applied or applied;
(c) in the case of a request for enforcement of a sentence or a safeguard measure, the documents showing the enforceability of the decision and the duration of the sentence or safeguard measure to be implemented;
(d) where possible, precise details of the person to whom the extradition is sought, his citizenship and his residence or residence.
If the requested State does not consider the data and supporting documents to be sufficient, it shall request the necessary additions. The requested State may set a reasonable time limit for the receipt of such a supplement. It shall take its decision on the basis of the supporting documents available at the time of the failure.
Where the requesting State makes a request for extradition in accordance with the provisions of this Treaty and where there is reason to believe that the person to whom extradition is sought is present within the territory of the requested State, the requested State shall immediately, under its law, take the measures necessary to detect it. If necessary, he shall take such person into custody or take other measures to prevent his release.
(1) The requesting State may, in urgent cases, request the imposition of a provisional extradition link. Such a request may also be made by telex or telegraph. The requested State shall, under its law, decide to impose provisional extradition or order other measures to prevent the person sought from escaping.
(2) The application for provisional extradition shall indicate that one of the documents referred to in Article 23 (1) is available and that an application for extradition is intended to be made. It shall also contain a short description of the offence, indicating the time and place of its commission, the reference to the sentence or safeguard measure which is at risk or is to be carried out, as well as, where possible, the precise details of the person to be extradited, his nationality and his or her residence or residence. The requesting State shall immediately inform the extent to which its request has been granted.
(3) Provisional extradition may be cancelled if, within 20 days of the arrest, there is no request for extradition and the supporting documents referred to in Article 23 (1). In no case may the provisional issue bond exceed 40 days from that time. However, provisional extradition may be cancelled at any time when the requested State takes the measures it considers necessary to prevent the person sought from escaping.
(4) The revocation of provisional extradition shall not prevent re-arrest and extradition if the request for extradition is made later.
Where the competent authorities of a Contracting State have been informed that a person may be present within the territory of that Contracting State whose extradition may be requested by the other Contracting State, they shall immediately ask the latter whether it requests the extradition of that person. Where a person is taken into pre-extradition custody, the other Contracting State shall be informed immediately, indicating the time of arrest and the place of detention.
(1) The requested State shall decide on the issue as soon as possible and inform the requesting State of its decision. The total or partial refusal shall be justified.
(2) In the case of an authorisation, the requested State shall also notify the issue when it is ready to hand over the person issued. The Contracting States shall agree on the time and place of transmission to the authorities of the requesting State.
(3) The issuing person may be released from extradition custody, subject to the case referred to in paragraph 4, if he is not taken over within 15 days of the time when the requested State is ready for surrender. In any event, 30 days after that time, release from extradition and extradition shall be deemed to have no effect. The requested State may then refuse a new request for extradition for the same act.
(4) If the transfer or takeover of a force majeure is prevented, the Contracting State to which the event relates shall inform the other State. Both Contracting States shall agree as soon as possible to determine a new time of transmission. The provisions of paragraph 3 shall then apply to that period.
(5) The accompanying staff who transport the person to or from the territory of the other Contracting State shall be entitled to take the necessary measures to prevent his or her escape in the territory of the other Contracting State until such time as the person is transferred or taken over.
(1) Where a person is requested to be extradited by one of the Contracting States and a third State, the priority shall be to decide between the requests for extradition by the requested State, taking account of all the circumstances, in particular the contractual obligations, the place of action, the chronological order of the requests, the nationality of the person to be issued, the possibility of further extradition and the seriousness of the requests.
(2) Where one of the Contracting States and a third State requests extradition, and where the request of a third State is given priority, the requested State shall notify the other Contracting State, at the same time as the decision on the request for extradition, whether it agrees to any further extradition from a third State to the other Contracting State.
(1) The requested State may postpone the surrender of the person to be issued following the authorisation to issue,
(a) if this person is unable to transport,
(b) reconsidering a request for extradition on the grounds of new evidence or facts; or
(c) where criminal proceedings are to be carried out against the person to be extradited in the requested State for another offence or where a custodial sentence or a safeguard measure imposed on him by its courts or administrative authorities for another offence is to be enforced.
(2) If the transfer is postponed in accordance with paragraph 1 (c), the requested State may, at the request of the requesting State, temporarily transfer to it the person to be issued for urgent procedural operations, in particular the main trial. The procedural steps must be described in detail in the application. The person to be transferred must be returned immediately after the procedural acts have been carried out or at the request of the requested State.
(3) The requesting State shall keep the person temporarily transferred until the return is in custody. This link shall be included in the sentence to be imposed or imposed in the requested State.
(1) Where the issue of a person is authorised, the issue of articles which, without a specific request, are also authorised for:
(a) may serve as evidence or which:
(b) the person issued has obtained a criminal offence or consideration for such objects.
(2) If possible, objects shall be transmitted simultaneously with the person issued. They shall also be transmitted if the issue already authorised cannot be made because of the death or escape of that person.
(3) Articles which are subject to detention, withdrawal or forfeiture or which are necessary for criminal proceedings in the requested State may, for the duration of such proceedings, be detained or transferred subject to repayment.
(4) In any event, the rights of the requested State or third parties to articles shall remain unaffected. In view of these rights, the articles shall be returned to the requested State as soon as possible and free of charge after the completion of the proceedings in the requesting State. Should such rights be harmed, extradition shall not be allowed.
(5) In the case of paragraph 1, the requested State shall, at the same time as the communication on the provision of articles, notify the person concerned of his understanding of his immediate return to the injured party. The requesting State shall notify the requested State as soon as possible whether the transfer of the articles is waived, provided that the injured party or his delegates are issued against the submission of confirmation by his competent courts or prosecutors.
(6) The provisions on imports and exports of goods and foreign exchange shall not apply when the articles referred to in this Article are issued.
Subject to the provisions of this Treaty, its law shall apply to extradition proceedings and to extradition proceedings in the territory of the requested State.
The requesting State shall inform the requested State of the outcome of the criminal proceedings. Where a final decision is taken, it shall be sent in one copy or one certified copy (copy).
(1) The transit of a person issued by a third State to one of the Contracting States through the territory of the other Contracting State shall be permitted under the same conditions as the issue. Unless otherwise specified, the provisions of this Treaty on extradition and transit shall apply.
(2) The requested State may refuse transit if the request of the person against whom criminal proceedings are conducted in that State is concerned, or if there is an enforceable condemnation judgment, or if transit could infringe the essential interests of that State.
(3) The requested State shall keep the accompanying person in custody during transit. Without the consent of the issuing State, it may neither prosecute nor impose a penalty or safeguard measure on it for acts committed before transit.
(4) In the case of air transport without a stopover, no express authorisation by the Contracting State flying over is required. The requesting State shall inform the requesting State in advance that one of the instruments referred to in Article 23 (1) is available, that there is no obstacle to transit within the meaning of this Treaty, in particular that the person transferred is not a State citizen of the overflown State. In the event of an emergency landing in the territory of the State being flown, this notification shall have the same effect as the request for the imposition of the provisional extradition link referred to in Article 26.
The Contracting States shall refrain from reimbursement of costs incurred in their territory in connection with the issue, temporary surrender (Article 30 (2)) or the issue of articles (Article 31). The requesting State shall, however, bear the costs of air transport incurred by the transfer made at its request by air or by transit.
In this Treaty, the term 'safeguard measure' means a measure relating to the withdrawal of liberty which is imposed under criminal law by a court decision in addition to or instead of a penalty. If the duration of the measure still to be implemented is uncertain, the maximum measure permitted under the law shall be taken.
(1) This Treaty is subject to ratification. The instruments of ratification will be exchanged in Prague.
(2) The Treaty will enter into force on the first day of the third month following the month in which the instruments of ratification were exchanged.
(3) The Treaty remains in force for an indefinite period, unless one of the Contracting States denies the Treaty in writing by diplomatic means; in this case, the contract shall cease to be valid one year after its termination.
To prove it, the agents of both Contracting States signed this contract and sealed it.
Done at Vienna, 18 November 1982, in duplicate, each in the Czech and German languages, the two texts being equally authentic.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chubek v. r.
For the Republic of Austria
Dr Willibald Pahr v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 87 / 1985 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on extradition |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.1985 |
|---|---|
| Effective from | 01.10.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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