Decree of the Minister for Foreign Affairs No. 96 / 1983 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters
Valid
Effective from 18.05.1983
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96
DECLARATION
Minister for Foreign Affairs
of 19 May 1983
on the Treaty between the Czechoslovak Socialist Republic and the Republic of Cyprus on legal aid in civil and criminal matters
The Treaty between the Czechoslovak Socialist Republic and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters was signed in Nicosia on 23 April 1982.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Nicosia on 18 April 1983.
The Treaty entered into force on 18 May 1983 pursuant to Article 48 (2) thereof.
The Czech translation of the Treaty is announced simultaneously.
First Deputy:
Greece
TREATY
between the Czechoslovak Socialist Republic and the Republic of Cyprus on legal aid in civil and criminal matters
President of the Czechoslovak Socialist Republic and President of the Republic of Cyprus,
led by efforts to further develop friendly relations and cooperation between the two States in accordance with the Final Act of the Conference on Security and Cooperation in Europe and by the desire to adapt legal assistance in civil and criminal law on the basis of reciprocity,
they have decided to conclude this contract and to that end have appointed their agents:
President of the Czechoslovak Socialist Republic
Bohuslav Puppy,
Minister for Foreign Affairs,
President of the Republic of Cyprus
Nicos A. Rolandis,
Minister for Foreign Affairs,
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 the other Contracting Party.
(2) Citizens of one Contracting Party may appear and exercise their interests before the judicial authorities of the other Contracting Party under the same conditions as citizens of the other Contracting Party.
(3) The provisions of this Treaty shall also apply mutatis mutandis to legal persons established under the law of one of the Contracting Parties having 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 "judicial authorities' shall refer to the courts and other authorities competent to deal with cases governed by this Treaty under the law of their State.
(3) For the purposes of this Treaty, the term "civil matters' shall also cover business, family and labour matters.
Scope of legal aid
The Contracting Parties shall provide each other with legal assistance by carrying out individual operations, in particular by sending and delivering documents and by carrying out evidence.
Method of contact
(1) The judicial authorities of the Contracting Parties, when implementing this Treaty, shall meet 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 side 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 Republic of Cyprus
- Department of Justice of the Republic of Cyprus.
(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 name and surname of the participants, accused, accused or convicted, their place of residence or temporary residence, their nationality and occupation, in criminal matters, where possible, the place and date of birth, the names and surnames of the parents; for legal persons, their name and registered office;
(e) the names, surnames and addresses of their legal representatives, if any,
(f) the subject matter of the request and the particulars necessary for the execution of the request;
(g) in criminal matters, also a description and description of the criminal offence.
(2) The request and the documents attached thereto must be made out in the language of the requested Contracting Party or accompanied by a translation into that language or in the English language. 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 be signed by hand and stamped by the competent authority.
Processing of requests
(1) The requested authority shall act in accordance with the law of its State when handling the request. 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 application is not accurate or if the person to whom the request relates does not reside at that address, the requested authority shall take the necessary measures to establish the correct address.
(4) The requested authority shall notify the requesting authority in due time, at its request, 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 service documents in accordance with the law of its State if 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 document to the addressee if it is willing to accept it voluntarily.
Proof of service
(1) The service shall be proved by a certificate signed by the consignee and bearing an official stamp, date and signature of the service authority or by a certificate issued by that authority, indicating the method, place and time of service. If the document to be served is sent in two copies, its receipt and service may be certified on the second copy.
(2) The proof of service shall be sent without delay to the requesting Party. In the event that service cannot be effected, the requested Party shall immediately notify the requesting Party of the grounds preventing service.
Service to your own citizens
The Contracting Parties may also deliver documents to their own citizens through their diplomatic missions or consular offices. In this case, enforcement measures shall not be used.
Protection of witnesses and experts
(1) A citizen who is resident in the territory of one of the Contracting Parties and who is to be heard before the authority of the other Contracting Party as a witness or expert shall not be obliged to appear at the request of that authority; the summons must therefore not contain a threat of coercion in the event of failure to appear. If the requesting party considers the personal participation of a witness or expert to be necessary before its judicial authorities, it shall state in the summons, and the requested party shall inform the witness or expert accordingly.
(2) A witness or expert who has appeared at the appeal of an authority of the other Contracting Party may not be prosecuted or brought into custody, regardless of his nationality, in its territory or in its custody, by a court for a criminal offence which he has committed before crossing the national borders of the requesting Contracting Party. Nor can he be prosecuted in connection with testimony or expert opinion.
(3) The witness or expert shall cease the protection referred to in paragraph 2 of this Article if he does not leave the territory of the requesting Contracting Party within seven days of notification by the authority which summoned 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 which are independent of him.
(4) The citizen called upon shall have the right 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 and shall, upon request, be granted an advance payment for the expenses.
Legal aid costs
(1) The Contracting Parties shall not require the costs of carrying out the requested legal aid operations other than the fees and other expenses incurred in connection with the carrying out of 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.
Refusal of legal aid
The granting of legal aid may be refused if the requested Contracting Party considers that the execution of the request would be contrary to its law or public policy or would be jeopardised or compromised by its sovereignty or security.
Legal information
(1) The Contracting Parties shall, upon request, provide each other with information on the law in force or in force in their territory as well as with the texts of legislation.
(2) The request for information shall include the designation of the authority for which it is requested and the substance of the case in which the information is requested. Where necessary to clarify the content of the application, copies of the documents may be attached.
Certificate validity
(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 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, assist in identifying the source and amount of the income of that person.
(3) Where, in the implementation of this Treaty, doubts arise as to the citizenship of a person, one Contracting Party shall notify the other Contracting Party, at its request, whether that person is a citizen of that person.
SEND OF PERSONAL PROCESSING DOCUMENTS AND OTHER LISTS
(1) The Contracting Parties shall send each other extracts from the official register of birth, marriage and death of the citizens of the other Contracting Party, as well as communications of any changes in those matrices.
(2) The competent authorities of one Contracting Party shall send these extracts to the other Contracting Party on an official basis, free of charge, by diplomatic means.
The competent authorities of the Contracting Parties shall send each other copies of the decisions relating to the personal status of the citizens of the other Contracting Party which have acquired legal authority.
COSTS OF THE PROCEDURE
Exemption from fees and advances
Citizens of one Contracting Party who appear before the authorities of the other Contracting Party if they reside 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 do not reside in the territory of the other Contracting Party.
Exemption from fees and advances
Citizens of one Contracting Party shall be entitled, in the territory of the other Contracting Party, to an exemption from judicial, notarial and administrative charges and advances, other costs of proceedings and to other advantages relating to charges under the same conditions as citizens of the other Contracting Party. The same applies to the provision of a free legal representative.
(1) The exemption provided for in Article 19 of this Treaty is 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.
(2) The authority which decides on the request for exemption may request the authority which issued the certificate to supplement the data or the necessary clarification.
Where the competent authority has granted an exemption pursuant to Article 19 of this Treaty to a citizen of the other Contracting Party, that exemption shall apply to the whole procedure and also to enforcement proceedings.
Where a citizen of one of the Contracting Parties makes an application for exemption pursuant to Article 19 of this Treaty before the competent authority of the other Contracting Party, he may do so before the competent authority of his place of residence. That authority shall forward the application together with the certificate issued pursuant to Article 20 of this Treaty to the competent authority of the other Contracting Party.
RECOGNITION AND PERFORMANCE OF THE DECISION
(1) The Contracting Parties shall recognise and implement the following decisions in their territory:
(a) the judgments of the courts in civil matters and of the court approved by conciliation in those cases;
(b) judgments of courts in criminal matters relating to compensation for damages and other civil claims;
(c) the decision of the arbitral bodies and the conciliation before them.
(2) Decisions given by the authorities of a Contracting Party which, under the law of that Contracting Party, have jurisdiction in matters of succession shall also be regarded as decisions of the courts to that effect.
Decisions referred to in Article 23 of this Treaty shall be recognised and executed on the condition that:
(a) the decision has acquired legal authority and is enforceable under the law of the Contracting Party in whose territory it was 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) a party against whom a decision has been given and who has not taken part in the proceedings has been duly summoned, in accordance with the laws of the Contracting Party in whose territory the decision has been given, to appear and to exercise his interests in the proceedings and has been duly represented in the event of a procedural incompetence;
(d) the decision is not contrary to a decision taken earlier between the same parties by the court of the Contracting Party in whose territory the enforcement of the decision is to be authorised;
(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 Contracting Party in whose territory recognition or enforcement is sought considers that recognition or enforcement shall not jeopardise its sovereignty or security;
(g) recognition of the decision is not contrary to the public policy of the State where the seat of the requested court is situated;
(h) the decision has not been reached by fraud.
Decisions of the arbitration authorities shall be recognised and enforced under the conditions laid down in Article 24 of this Treaty if:
(a) the decision shall be based on a written agreement on the jurisdiction of the arbitration authority and shall be issued by the arbitration authority by an agreement designated within the limits of its authorisation provided for by the agreement;
(b) the agreement on the jurisdiction of the arbitration authority shall be valid under the law 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 by the creditor to the competent judicial authority of the Contracting Party in whose territory the decision is to be recognised or enforced either directly or in the manner provided for in Article 4 of this Treaty.
(2) An application for recognition and enforcement must be made within the time limit laid down in the law of the State in which recognition and enforcement are sought.
(3) The proposal shall be accompanied by:
(a) a judicial decision, or a certified copy of that decision, with a certificate of legal authority and of enforceability, provided that such facts do not result from the actual wording of the decision;
(b) proof that a party against whom a decision has been given and who has not taken part in the proceedings has been duly summoned, in accordance with the law of the Contracting Party in whose territory the decision has been given, to appear and to exercise his interests in the proceedings and has been duly represented in the event of a procedural incompetence;
(c) a certified translation of both the draft and the documents referred to in points (a) and (b) of this paragraph into the language of the requested Contracting Party or in English.
(1) The judicial authority which decides on the application for recognition and enforcement shall examine whether the conditions laid down in Articles 24, 25 and 26 of this Treaty are met. The competent judicial authority of the Contracting Party in whose territory the decision is to be recognised and enforced shall be in charge of deciding on the recognition and enforcement of the decision.
(2) The judicial authority of the Contracting Party in whose territory the decision is recognised or enforced shall proceed in accordance with the law of its State.
(1) Where a party who has been exempt from lodging a security for the costs referred to in Article 18 of this Treaty has been ordered by a decision of the judicial authority of one Contracting Party which has acquired legal authority to pay the costs, that decision shall, on application by the person entitled, be executed free of charge in the territory of the other Contracting Party.
(2) The proposal and its annexes shall be drawn up in accordance with Article 26 of this Treaty.
(3) The judicial authority which decides to enforce the decision referred to in paragraph 1 of this Article shall be limited to establishing whether the decision on costs has become final and enforceable.
The authority of the Contracting Party in whose territory, in matters which have resulted in an enforceable decision, the costs of the proceedings have been advance-paid by the State shall request the competent judicial authority of the other Contracting Party to collect the costs and charges. The judicial authority shall forward the amount collected to the Contracting Party whose authority has requested recovery.
_
Taking over criminal prosecution
(1) Each Contracting Party undertakes, at the request of the other Contracting Party, to prosecute against its citizen who has committed a criminal offence in the territory of the other Contracting Party in accordance with its law.
(2) The application shall be accompanied by all the necessary documents; where these documents are insufficient, additional information shall be sent at the request of the Party which initiated the prosecution.
(3) A Contracting Party which has initiated criminal proceedings shall notify the other Contracting Party of the outcome of the proceedings as soon as possible. If a final judgment is given, a copy of it shall be sent upon request.
ISSUING
Obligation to issue
(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 execution of criminal proceedings shall be admissible only for acts for which a custodial sentence may be imposed under the laws of both Parties for a period exceeding 12 months.
(3) The issuing 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 12 months.
(4) With the exception of the provisions of Article 32 (a) and (c), the extradition of persons who have committed unlawful acts against civil aviation security within the meaning of the provisions of the Convention on the Suppression of Illegal Authorisation for Aircraft, signed on 16.12.1970 in the Hague and of the Convention on the Suppression of Illegal Acts Against Civil Aviation Security, signed on 23.9.1971 in Montreal, as well as of persons who have committed unlawful acts within the meaning of the provisions of other international conventions against terrorism which the Czechoslovak Socialist Republic and the Republic of Cyprus are or will be parties to.
Refusal of extradition
No extradition shall take place if:
(a) the requested person is a citizen of the requested Contracting Party at the date of receipt of the request for extradition;
(b) the offence 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;
(d) is not admissible under the law of one of the Contracting Parties;
(e) for the same judicial offence in the territory of the requested Contracting Party, a final judgment or criminal proceedings has been delivered against the person to be extradited or suspended by a decision which has acquired legal authority;
(f) under the law of one of the Contracting Parties, criminal prosecution shall be initiated on the basis of a proposal from the injured party.
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Regulation Information
| Citation | Decree No. 96 / 1983 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Republic of Cyprus on Legal Assistance in Civil and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.09.1983 |
|---|---|
| Effective from | 18.05.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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