Article 54 Mechanisms for recovery of property through international cooperation in confiscation

Geldend

Documentgegevens:

Geldend vanaf 14-12-2005

Bronpublicatie:: 31-10-2003, Trb. 2004, 11 (uitgifte: 23-01-2004, kamerstukken/regelingnummer: -)
Inwerkingtreding: 14-12-2005
Bronpublicatie inwerkingtreding:: 18-10-2005, Trb. 2005, 244 (uitgifte: 18-10-2005, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal publiekrecht / Bijzondere onderwerpen

1.

Each State Party, in order to provide mutual legal assistance pursuant to article 55 of this Convention with respect to property acquired through or involved in the commission of an offence established in accordance with this Convention, shall, in accordance with its domestic law:

a): Take such measures as may be necessary to permit its competent authorities to give effect to an order of confiscation issued by a court of another State Party;
b): Take such measures as may be necessary to permit its competent authorities, where they have jurisdiction, to order the confiscation of such property of foreign origin by adjudication of an offence of moneylaundering or such other offence as may be within its jurisdiction or by other procedures authorized under its domestic law; and
c): Consider taking such measures as may be necessary to allow confiscation of such property without a criminal conviction in cases in which the offender cannot be prosecuted by reason of death, flight or absence or in other appropriate cases.

2.

Each State Party, in order to provide mutual legal assistance upon a request made pursuant to paragraph 2 of article 55 of this Convention, shall, in accordance with its domestic law:

a): Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a freezing or seizure order issued by a court or competent authority of a requesting State Party that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 a) of this article;
b): Take such measures as may be necessary to permit its competent authorities to freeze or seize property upon a request that provides a reasonable basis for the requested State Party to believe that there are sufficient grounds for taking such actions and that the property would eventually be subject to an order of confiscation for purposes of paragraph 1 a) of this article; and
c): Consider taking additional measures to permit its competent authorities to preserve property for confiscation, such as on the basis of a foreign arrest or criminal charge related to the acquisition of such property.