Einde inhoudsopgave
Convention, established by the Council in accordance with article 34 of the Treaty on European Union, on Mutual Assistance in criminal matters between the Member States of the European Union
Article 8 Restitution
Geldend
Geldend vanaf 23-08-2005
- Bronpublicatie:
29-05-2000, Trb. 2000, 96 (uitgifte: 01-09-2000, kamerstukken/regelingnummer: -)
- Inwerkingtreding
23-08-2005
- Bronpublicatie inwerkingtreding:
11-11-2005, Trb. 2005, 280 (uitgifte: 01-01-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Verdragenrecht
Internationaal strafrecht / Justitiële en politionele samenwerking
1.
At the request of the requesting Member State and without prejudice to the rights of bona fide third parties, the requested Member State may place articles obtained by criminal means at the disposal of the requesting State with a view to their return to their rightful owners.
2.
In applying Articles 3 and 6 of the European Mutual Assistance Convention and Articles 24(2) and 29 of the Benelux Treaty, the requested Member State may waive the return of articles either before or after handing them over to the requesting Member State if the restitution of such articles to the rightful owner may be facilitated thereby. The rights of bona fide third parties shall not be affected.
3.
In the event of a waiver before handing over the articles to the requesting Member State, the requested Member State shall exercise no security right or other right of recourse under tax or customs legislation in respect of these articles.
A waiver as referred to in paragraph 2 shall be without prejudice to the right of the requested Member State to collect taxes or duties from the rightful owner.