Decree of the Minister for Foreign Affairs No. 93 / 1989 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Democratic People's Republic of Korea on Mutual Legal Assistance in Civil, Family and Criminal Matters
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Effective from 16.06.1989
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93
DECLARATION
Minister for Foreign Affairs
of 16 June 1989
on the Treaty between the Czechoslovak Socialist Republic and the Democratic People's Republic of Korea on mutual legal assistance in civil, family and criminal matters
On 11 September 1988, the Treaty between the Czechoslovak Socialist Republic and the Democratic People's Republic of Korea on mutual legal assistance in civil, family and criminal matters was signed in Pyongyang.
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 16 May 1989.
The Treaty entered into force on 16 June 1989 pursuant to Article 49 thereof.
The Czech version of the Treaty is hereby published at the same time.
Minister:
JUDr. Johanes v. r.
TREATY
between the Czechoslovak Socialist Republic and the Democratic People's Republic of Korea on mutual legal assistance in civil, family and criminal matters
The Czechoslovak Socialist Republic and the Democratic People's Republic of Korea, led by the desire to further deepen and develop friendship relationships that exist between the two countries, and cooperation in civil, family and criminal matters,
agree as follows:
GENERAL PROVISIONS
Legal protection
1. Citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party the same legal protection of their personal and property rights as their own citizens.
2. Citizens of one Contracting Party shall have the right to apply to civil, occupational, family and criminal authorities, to appear before them, to submit proposals, requests and complaints under the same conditions as citizens of the other Contracting Party.
3. The provisions of this Treaty shall also apply to legal persons.
Provision of legal assistance
The Parties shall provide each other with legal assistance through courts, prosecutors and state notaries which have jurisdiction in civil, labour, family and criminal matters. These authorities are interacting through their central authorities. The Central Authorities are the General Prosecutor of the CSSR, the Ministry of Justice of the CSSR and the Ministry of Justice of the SSR and the Central Court of the DPRK and the Central Prosecutor of the Democratic People's Republic of Korea.
Legal aid
The Parties shall provide each other with legal assistance through the implementation of individual procedural acts.
Form and content of the request
1. Requests for legal aid shall include the following elements:
1. the designation of the applicant authority;
2. the designation of the requested authority;
3. an indication of the case in which legal aid is sought;
4. the name and surnames of the participants, the accused, the accused, the convicted and the injured, their place of residence or temporary residence, citizenship and occupation, where appropriate, the place and date of birth and the name and surname of their parents;
5. in the case of legal persons, their name and registered office;
6. the names, names and addresses of the representatives of the persons;
7. the subject matter of the application and other necessary details for its execution and, in criminal matters, the indication of the nature of the act committed, including the amount of the damage caused.
2. The application shall be accompanied by the signature and stamp of the applicant authority.
Treatment procedure
1. The request for legal aid shall be dealt with by the requested authority in accordance with the law of its State.
However, at the request of the applicant authority, it shall apply the legislation of the State of the applicant authority, unless it is contrary to its legal order.
2. If the requested authority is not competent to process the request, it shall forward it to the competent authority.
3. If the request cannot be completed, the requested authority shall inform the requesting authority accordingly, stating the reasons and shall return the documents at the same time.
4. If the exact address of the person mentioned in the request is not known, the requested authority shall, in accordance with the legal order of its State, take the necessary steps to establish it.
5. Upon completion of the request, the requested authority shall send the documents to the requesting authority.
Service of documents
The requested authority shall service the documents in accordance with the provisions in force in its State if they are drawn up in accordance with Article 13 of this Treaty. If the documents are not drawn up in accordance with Article 13 of this Treaty, they may be submitted to the addressee if he is willing to accept them.
Evidence of service of documents
The document of service of the documents shall be drawn up in accordance with the rules in force in the requested State. This certificate shall indicate the signature of the bearer and the addressee, the date and place of service.
Recognition and verification of documents
1. The documents, copies thereof and copies thereof which have been drawn up or authenticated in the territory of one Contracting Party by the authorities or officials under their jurisdiction shall be recognised in the territory of the other Contracting Party without verification, provided that they bear an official stamp and signature.
2. The authentic instruments which have been drawn up in the territory of one Contracting Party shall have the power of proof in the territory of the other Contracting Party.
Protection of witnesses and experts
1. A witness or expert who is a citizen of the other Contracting Party and who has arrived at the authority of the requesting Contracting Party on a summons received by the requested authority may not be prosecuted or brought into custody in relation to a criminal case which is the subject of proceedings or for any other offence committed prior to crossing the national borders of the requested Contracting Party.
2. The witness or expert shall cease the protection referred to above if he does not leave the territory of the requesting Contracting Party within two weeks of being informed by the requesting judicial authority that his presence is no longer necessary. That period shall not take into account the period during which that person was unable to leave the territory of the requesting Contracting Party without his fault.
3. Persons summoned by the judicial authority shall be entitled to reimbursement of travel expenses, subsistence expenses, lost earnings and expert compensation. At the request of a witness or expert, the requesting Contracting Party shall provide an appropriate advance.
Costs related to legal aid
The requested Contracting Party shall bear the costs associated with the provision of legal assistance incurred in its territory.
Information
The Contracting Parties, through the authorities referred to in Article 2 of this Treaty, shall, upon request, provide each other with information on the legal order and judicial practice which applies or applies in their State.
Information on judgments
The Contracting Party shall inform the other Contracting Party annually of the final judgments handed down by its courts in the past year against the citizens of the other Contracting Party.
Language
The instruments which are served on the other Contracting Party in connection with the performance of this Treaty shall be drawn up in the language of the requesting Contracting Party and shall be accompanied by a translation in Russian.
SPECIAL PROVISIONS
LEGAL ASSISTANCE IN CIVIL AND FAMILY MATTERS
Exemption from costs
1. Citizens of one Contracting Party who apply to the court of the other Contracting Party may not be required to lodge a security on the costs of proceedings if they reside in the territory of one of the Contracting Parties.
2. A citizen of one Contracting Party shall be exempt from costs on the territory of the other Contracting Party under the same conditions and to the same extent as its own citizens.
3. Exemptions from costs shall apply to the whole procedure, including enforcement proceedings.
4. The exemption from costs of proceedings and notarial fees granted to a party in a particular case under the law of one Contracting Party shall also apply to proceedings pending before the court of another Contracting Party in that case.
1. The certificate of personal and property conditions necessary for exemption from costs of proceedings and notarial fees shall be issued by the competent authority of the Contracting Party in whose territory the applicant is resident. In other cases it shall be issued by a diplomatic mission or consular representation of the Contracting Party to which it is a national citizen.
2. The court which decides on a request for exemption from costs and notarial fees may request additional information from the authority which issued the certificate.
1. A citizen of one Contracting Party wishing to request exemption from the Court of Justice of the other Contracting Party may submit such request in writing or orally to the Protocol before the competent court.
2. The Court of First Instance shall, in accordance with the procedure laid down in Article 2 of this Treaty, send a report with a certificate issued pursuant to Article 15 of this Treaty and other documents submitted by the applicant to the competent court of the other Contracting Party.
3. Other requests relating to the exemption from advances may also be submitted together with the request for exemption from costs.
Submission of documents
One Contracting Party shall, at the request of the other Contracting Party, send evidence of the registration of a person, of the education and duration of employment, of the personal and family status, of the wages and property conditions and of other documents necessary for the exercise of the rights and interests of a citizen of the other Contracting Party in proceedings before the judicial authority.
Eligibility for rights and legal acts
1. The eligibility of a natural person for rights and legal acts shall be governed by the law of the Contracting Party to which he is a citizen.
2. The eligibility of a legal person for rights and legal acts shall be governed by the law of the Contracting Party under which it was established.
Declaration for the Dead
The law of the Contracting Party, the citizen of which was a person at the time when, according to the latest data, he was alive, shall apply to the declaration of the person dead and to the proceedings for proof of death. The authority shall be given to the authorities of this Contracting Party.
Marriage
The conclusion of marriages shall be governed by the laws of the Contracting Parties to which they are persons intending to marry citizens. The form of marriage shall be governed by the law of the Contracting Party in whose territory the marriage is concluded.
Marriage divorce, nullity of marriage and personal and property relations between spouses
1. The divorce of marriages, the invalidity of marriages and the personal and property relations of spouses, if they have the same citizenship, shall be governed by the law of the Contracting Party to which they are married citizens. The jurisdiction of the court of the Contracting Party to which they are married shall be conferred on the proceedings at the time of the application.
2. If the spouses do not have the same citizenship, the law of the Contracting Party in whose territory the spouses had their last common residence shall apply, and if they did not have their common residence, the court before which the proceedings are conducted shall apply its own law. The jurisdiction of the court of the Contracting Party in whose territory the spouses had their last joint residence and, if they did not, the jurisdiction of the court of the Contracting Party before which the proceedings were initiated shall be conferred on the proceedings.
Legal relations between parents and children
1. Fatherhood and other legal relationships between parents and children shall be governed by the law of the Contracting Party whose child is a citizen.
2. The jurisdiction of the court of the Contracting Party whose citizen is a child shall be given to legal proceedings referred to in paragraph 1 of this Article.
3. If the child is a citizen of both Contracting Parties at the time the proceedings are initiated, the law shall apply and the jurisdiction of the court of the Contracting Party in whose territory the child was born shall be given.
1. The authorisation shall be governed by the law of the Contracting Party whose citizen is the person applying for adoption.
2. If the spouses do not have the same citizenship, the adoption must be in accordance with the laws of both Contracting Parties.
3. If the child is a citizen of one Contracting Party and the adopter is a citizen of the other Contracting Party, the consent of the child or his legal representative or of the competent authority shall be required if the legal order of the Contracting Party whose citizen is the child so requires.
4. The powers of the authorities of the Contracting Party whose citizen is the adopter at the time of the application shall be given for adoption. In the case referred to in paragraph 2 of this Article, the authority of the authorities, the Contracting Party in whose territory the spouses were last resident together, shall be given.
5. The provisions of paragraphs 1, 2, 3, 4 of this Article shall also apply to the abolition of adoption.
Obligations and custody
1. The establishment or withdrawal of custody and custody shall be governed by the law of the Contracting Party whose citizen is the guardian or guardian.
2. Legal relations between the guardian or guardian and the person to whom custody or custody has been established shall be governed by the law of the Contracting Party whose authority has established the guardian or guardian.
3. The obligation to accept custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to become guardian or guardian.
4. The establishment or revocation of the custody and custody shall be subject to the authority of the authority of the Contracting Party whose citizen is the guardian or guardian.
Hereditary goods
1. A citizen of one Contracting Party may inherit property in the territory of the other Contracting Party by law or by will and establish or revoke a will under the same conditions and have the same rights as a citizen of the other Contracting Party.
2. The right to inheritance shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of death. The inheritance right to real estate shall be governed by the law of the Contracting Party in whose territory the property is situated. The designation, if it is movable or immovable, shall be governed by the law of the Contracting Party in whose territory the property is situated.
3. The power of the authority of the Contracting Party to which the deceased was a citizen at the time of death and to discuss the immovable heritage of the authority of the Contracting Party in whose territory the latter is located shall be given to discuss the movable inheritance.
4. The form of the will, the ability to establish or revoke the will and the legal effects of the defects of the will shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of the will.
However, the form of the will and its abolition may also be governed by the law of the Contracting Party in whose territory the will has been established.
5. If the heirs are not heirs under the laws of the Contracting Party governing the succession, the movable property shall pass to the Contracting Party whose citizen was the deceased at the time of death and the property to the Contracting Party in whose territory it is located.
Recognition and enforcement
One Contracting Party shall recognise and enforce, under this Treaty, decisions given in the territory of the other Contracting Party, in civil, occupational and family matters, as well as compensation for damages in criminal matters.
Decisions referred to in Article 26 of this Treaty shall be recognised and enforced provided that:
1. The decision shall be final and enforceable under the law of the Contracting Party in whose territory it is issued;
2. the issuing of a decision does not preclude the exclusive competence of the authority of the Contracting Party within the territory of which the decision is to be recognised or enforced and where the determining authority has not applied the rule of law contrary to this Treaty;
3. a party who has not participated in the proceedings has been duly and in good time called in accordance with this Treaty and has been duly represented in the event of a procedural incapacity;
4. No decision has already been taken on the same matter between the same parties and has not acquired legal authority in the territory of the Contracting Party where it is to be recognised and enforced.
1. An application for enforcement shall be lodged with the competent court of the Contracting Party within the territory of which the decision is to be enforced or through the court which took the decision at first instance, which shall be referred to the competent court of the other Contracting Party in the manner laid down in Article 2 of this Treaty.
2. The proposal shall be accompanied by:
1. a decision, or a certified copy thereof, together with a declaration of enforceability and authority, where this is no longer the result of the decision;
2. Confirmation that the party against whom the decision was given and who did not take part in the proceedings has been duly and in a timely manner summoned in accordance with this Treaty and has been duly represented if it was procedural incapacitated.
1. The Tribunal of the Contracting Party in whose territory the decision is to be enforced shall enforce the decision in accordance with its own law. The Court of First Instance shall confine itself to findings where the conditions laid down in Article 27 of this Treaty are met.
2. The debtor may object to the enforcement of decisions which are admissible under the law of the Contracting Party whose court decides to enforce them.
The decision to pay the costs shall, on application, be taken free of charge in the territory of the other Contracting Party.
The costs of enforcement shall be determined in accordance with the law of the Contracting Party in whose territory the decision is to be enforced.
Decisions referred to in Article 26 of this Treaty shall be recognised and enforced if they become final and enforceable after the entry into force of this Treaty.
LEGAL ASSISTANCE IN THURSTIC MATTERS
Issue obligation
1. The Contracting Parties undertake, under the conditions laid down in this Treaty, to issue each other, upon request, for criminal prosecution or for the execution of the sentence of persons present in their territory.
2. Issue for criminal prosecution shall only be made for offences for which, under the laws of both Parties, a custodial sentence may be imposed for more than 1 year.
3. The issuing of a sentence shall only be made for the offences referred to in paragraph 2 of this Article where the requested person is sentenced to prison for more than 1 year or more.
Refusal of extradition
1. No extradition shall take place if the person whose extradition is requested is a citizen of the requested Contracting Party.
2. Issue may be refused if:
1. the person for whom extradition is sought has committed the offence in the territory of the requested Contracting Party;
2. under the law of the requested Contracting Party, criminal prosecution or punishment may not be carried out as a result of limitation or other legal reasons;
3. a final judgment has been delivered against one another for the same offence in the territory of the requested Contracting Party or the proceedings have been terminated.
Request for extradition
1. An application for extradition shall be accompanied by a copy of the arrest warrant, an indication of the offence committed and the provisions of the law to be applied and, if the offence was caused by material damage, the extent thereof.
2. The application for enforcement shall be accompanied by a copy of the final judgment and the texts of the relevant provisions of the law relating to the offence. If the sentenced person has already executed part of the sentence, the necessary information shall be provided.
3. The request for extradition shall be accompanied, as far as possible, by the characteristics of the person for whom extradition is requested, with personal data, external descriptions, special characteristics, addresses, photographs and fingerprints.
4. If the request for extradition does not contain all the necessary information, the requested Contracting Party may request additional information and specify up to the two-month period by which it is to be supplied. That period may be extended by up to one month at the request of the requesting Contracting Party.
5. The requested Contracting Party shall terminate the extradition procedure and release the person arrested unless they have been supplied with the additional information requested within the period laid down in paragraph 4 of this Article.
Arrest of the person for whom extradition is requested
1. Upon receipt of a request for extradition, a Contracting Party shall take appropriate measures under this Treaty to arrest the person for whom extradition is requested.
2. The person for whom extradition is sought may be arrested even before the request for extradition is received if the competent authority of the requesting Contracting Party invokes the arrest warrant against that person or the final judgment and at the same time indicates that it sends a request for extradition. This request may be made by post, telegraph, telephone or other similar means.
3. The competent authority of the Contracting Party may arrest a person in its territory, even without a request pursuant to paragraph 2 of this Article, if that person is known to have committed the offence referred to in Article 33 of this Treaty in the territory of the other Contracting Party.
4. The other Contracting Party shall immediately inform the other Party of the arrest referred to in paragraphs 2 and 3 of this Article.
5. The person arrested may be released if no extradition application has been lodged within 2 months of the date of dispatch of the notification of his arrest.
Issue procedure
The requested Contracting Party shall notify the requesting Contracting Party of the place and time of issue. The release-related transfer shall be provided by the requesting Contracting Party.
Conflict of extradition requests
If the requested Contracting Party requests the same person to be issued by several States, the requested Contracting Party shall in particular comply with the request, taking into account the national citizenship of the person to be extradited.
Limitation of prosecution
1. The person to be extradited may not be prosecuted without the consent of the requested Contracting Party, punishable by another offence committed prior to extradition or extradited to a third State.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 93 / 1989 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Democratic People's Republic of Korea on Mutual Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1989 |
|---|---|
| Effective from | 16.06.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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