Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism:artikel 23

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

Article 23 Obligation to confiscate

Geldend

Documentgegevens:

Geldend vanaf 01-05-2008

Bronpublicatie:: 16-05-2005, Trb. 2006, 104 (uitgifte: 12-05-2006, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-05-2008
Bronpublicatie inwerkingtreding:: 22-09-2008, Trb. 2008, 182 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
Vakgebied(en): EU-recht / Bijzondere onderwerpen
Internationaal strafrecht / Bijzondere onderwerpen
Internationaal strafrecht / Europees strafrecht en strafprocesrecht

1.

A Party, which has received a request made by another Party for confiscation concerning instrumentalities or proceeds, situated in its territory, shall:

a.: enforce a confiscation order made by a court of a requesting Party in relation to such instrumentalities or proceeds; or
b.: submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such order is granted, enforce it.

2.

For the purposes of applying paragraph 1.b of this article, any Party shall whenever necessary have competence to institute confiscation proceedings under its own law.

3.

The provisions of paragraph 1 of this article shall also apply to confiscation consisting in a requirement to pay a sum of money corresponding to the value of proceeds, if property on which the confiscation can be enforced is located in the requested Party. In such cases, when enforcing confiscation pursuant to paragraph 1, the requested Party shall, if payment is not obtained, realise the claim on any property available for that purpose.

4.

If a request for confiscation concerns a specific item of property, the Parties may agree that the requested Party may enforce the confiscation in the form of a requirement to pay a sum of money corresponding to the value of the property.

5.

The Parties shall co-operate to the widest extent possible under their domestic law with those Parties which request the execution of measures equivalent to confiscation leading to the deprivation of property, which are not criminal sanctions, in so far as such measures are ordered by a judicial authority of the requesting Party in relation to a criminal offence, provided that it has been established that the property constitutes proceeds or other property in the meaning of Article 5 of this Convention.