Article 12 Confiscation and seizure

Geldend

Documentgegevens:

Geldend vanaf 29-09-2003

Bronpublicatie:: 15-11-2000, Trb. 2001, 68 (uitgifte: 13-04-2001, kamerstukken/regelingnummer: -)
Inwerkingtreding: 29-09-2003
Bronpublicatie inwerkingtreding:: 19-02-2004, Trb. 2004, 34 (uitgifte: 30-08-2004, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal strafrecht / Algemeen

1.

States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of:

a): Proceeds of crime derived from offences covered by this Convention or property the value of which corresponds to that of such proceeds;
b): Property, equipment or other instrumentalities used in or destined for use in offences covered by this Convention.

2.

States Parties shall adopt such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation.

3.

If proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.

4.

If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.

5.

Income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.

6.

For the purposes of this article and article 13 of this Convention, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. States Parties shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.

7.

States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of the judicial and other proceedings.

8.

The provisions of this article shall not be construed to prejudice the rights of bona fide third parties.

9.

Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.