Commonwealth of LibertyBoard

Ranponian

Your Excellency,

The Chancellery and Secretary General of Government has proposed in a starting progress of deepening relations, an Agreement between Germany and Czechslovakia concerning criminal procedures and extradition in order to begin progress in the field of justice and security.

It means that in addition to Czechslovakia apprehending, arresting, and extraditing persons wanted in Germany who have been charged with or convicted of any of the crimes and offenses listed in the treaty; the German authorities will do the same for anyone wanted by the Czechslovak authorities and its judicial system.

The fugitive shall not be surrendered if the nature of the offense is of a political character.

Nor will the fugitive be subject to trial or punished for any previous acts which are political crimes or offenses. The decision based on political character of the crime or offense will be made by the country which is asked to grant the extradition and will be final.

We do believe this is a first sign of renewed relations and built of trust.

Germanly yours,

Ambassador of Germany, Bernard Stein

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TREATY OF CRIMINAL COOPERATION AND EXTRADITION BETWEEN

THE FEDERAL REPUBLIC OF GERMANY AND

THE PEOPLES REPUBLIC OF CZECHOSLOVAKIA

OF THE 16TH OF JANUARY 2018

ARTICLE 1

The Government of Germany and the Government of Czechoslovakia mutually agree to deliver up persons who, having been charged with or convicted of any of the crimes or offences specified in the following article, committed within the jurisdiction of one of the contracting Parties, shall seek an asylum or be found within the territories of the other: Provided That this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and commitment for trial if the crime or offence had been there committed.

ARTICLE 2

Extradition shall be granted for crimes listed on ANNEX I modified by both parties.

ARTICLE 3

Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting Parties, or, in the absence of these from the country or its seat of government, they may be made by the consular officers.

If the person whose extradition is requested shall have been convicted of a crime or offence, a duly authenticated copy of the sentence of the court in which he was convicted, or, if the fugitive is merely charged with a crime or offence, a duly authenticated copy of the warrant
of arrest in the country where the crime or offence has been committed and of the depositions or other evidence upon which such warrant was issued, shall be produced.

The extradition of fugitives under the provisions of this treaty shall be carried out in the Germany and in Czechoslovakia, respectively, in conformity with the laws regulating extradition for the time being in force in the State on which the demand for surrender is made.

ARTICLE 4

The arrest and detention of a fugitive may be applied for on information, even by telegram, of the existence of a judgment of conviction or of a warrant of arrest.

In Czechoslovakia, the application for arrest and detention shall be addressed to the Minister of Foreign Affairs who will transmit it to the proper department.

In Germany, the application for arrest and detention shall be addressed to the People's Commissariat, who shall deliver a warrant certifying that the application is regularly made and requesting the competent authorities to take action thereon in conformity to statute.

In both countries, in case of urgency, the application for arrest and detention may be addressed directly to the competent magistrate in conformity to the statutes in force.

ARTICLE 5

A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded be of a political character, or if he proves that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offence of a political character.

If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the Government on which the demand for surrender is made shall be final.

ARTICLE 6

Extradition shall not be granted, in pursuance of the provisions of this convention, if the person claimed has been tried for the same act in the country to which the requisition is addressed, or if legal proceedings or the enforcement of the penalty for the act committed by the person claimed have become barred by limitation, according to the laws of the country to which the requisition is addressed.

ANNEX I

The following crimes and offenses allowing for the extradition:

Murder, attempts to commit murder, and voluntary manslaughter;
Arson;

Robbery by force and feloniously using violence or fear, and burglary;

Forgery or uttering forged or falsified papers;

Counterfeiting, falsifying, or altering money, instruments of debt created by nations, state or local governments, or coupons , or bank notes, or seals of state;

Embezzlement by public officials, or employees against their employers, exceeding $200, and larceny;

Fraud or a violation of trust by a banker, bailee, trustee, agent, or any other person in a fiduciary capacity, or an officer or director of a company which activity is a criminal offense in both countries and the amount of money or property value exceeds $200;

Perjury;

Rape, abduction, or kidnapping;

Willful and unlawful destruction of railroads which endangers human life;

Crimes committed at sea including piracy, revolting or conspiracy to cause a revolt by two or more persons on board a ship on the high seas against the master’s authority, wrongfully destroying or sinking a vessel at sea or the attempt to do so, or committing an assault on board a ship on the high seas with the intent to cause great bodily injury;

Crimes and offenses against both countries laws for suppressing slavery and slave trading;

Bribery by giving or offering or receiving a reward to influence any person in the discharge of a legal duty.