Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism:Article 37 Content of request

Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism

Article 37 Content of request

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

Any request for co-operation under this chapter shall specify:

a.

the authority making the request and the authority carrying out the investigations or proceedings;

b.

the object of and the reason for the request;

c.

the matters, including the relevant facts (such as date, place and circumstances of the offence) to which the investigations or proceedings relate, except in the case of a request for notification;

d.

in so far as the co-operation involves coercive action:

(i)

the text of the statutory provisions or, where this is not possible, a statement of the relevant law applicable; and

(ii)

an indication that the measure sought or any other measures having similar effects could be taken in the territory of the requesting Party under its own law;

e.

where necessary and in so far as possible:

(i)

details of the person or persons concerned, including name, date and place of birth, nationality and location, and, in the case of a legal person, its seat; and

(ii)

the property in relation to which co-operation is sought, its location, its connection with the person or persons concerned, any connection with the offence, as well as any available information about other persons, interests in the property;

and

f.

any particular procedure the requesting Party wishes to be followed.

2.

A request for provisional measures under Section 3 in relation to seizure of property on which a confiscation order consisting in the requirement to pay a sum of money may be realised shall also indicate a maximum amount for which recovery is sought in that property.

3.

In addition to the indications mentioned in paragraph 1, any request under Section 4 shall contain:

a.

in the case of Article 23, paragraph 1.a:

(i)

a certified true copy of the confiscation order made by the court in the requesting Party and a statement of the grounds on the basis of which the order was made, if they are not indicated in the order itself;

(ii)

an attestation by the competent authority of the requesting Party that the confiscation order is enforceable and not subject to ordinary means of appeal;

(iii)

information as to the extent to which the enforcement of the order is requested; and

(iv)

information as to the necessity of taking any provisional measures;

b.

in the case of Article 23, paragraph 1.b, a statement of the facts relied upon by the requesting Party sufficient to enable the requested Party to seek the order under its domestic law;

c.

when third parties have had the opportunity to claim rights, documents demonstrating that this has been the case.

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