BWBV0006154
Geldig vanaf 01-12-2003
Artikel 16
Verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Speciale Administratieve Regio Hongkong van de Volksrepubliek China inzake wederzijdse rechtshulp in strafzaken
1. For the purpose of this Agreement, “proceeds of crime” shall mean:
a) assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets derived from or obtained, directly or indirectly, through the commission of an offence or the value which corresponds to such assets; and
b) property, equipment or other instrumentalities used in or destined for use in the commission of an offence.
2. The Requested Party shall, upon request, endeavour to:
a) identify and trace any proceeds of crime located within its jurisdiction; and
b) restrain with a view to preventing any dealing in, transfer or disposal of such proceeds of crime.
3. The Requested Party shall execute requests referred to in paragraph (2) in accordance with its law, pending a final determination in respect of those proceeds by a court of the Requesting Party. The Requested Party shall notify the Requesting Party immediately of the result of the execution of the request.
4. The Requested Party shall, upon request, confiscate proceeds of crime in accordance with its law.
5. In addition to the information referred to in Article 5, paragraph (2), requests made under this Article shall:
a) indicate, as precisely as possible, the description and the location of the proceeds of crime and their connection with the person suspected of, charged with or convicted of the offence; and
b) where the request is made under paragraph (4), be accompanied by a copy of any order of confiscation made by a judicial authority of the Requesting Party and a declaration by the Central Authority of the Requesting Party that the order is final and enforceable.
6. Proceeds of crime confiscated pursuant to this Article shall be retained by the Requested Party. However, a Party may, to the extent permitted by its law, offer to transfer the proceeds of crime, or part thereof, to the other Party upon such terms as may be agreed.
7. In the application of this Article, the rights of bona fide third parties shall be respected.
a) assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to or interest in such assets derived from or obtained, directly or indirectly, through the commission of an offence or the value which corresponds to such assets; and
b) property, equipment or other instrumentalities used in or destined for use in the commission of an offence.
2. The Requested Party shall, upon request, endeavour to:
a) identify and trace any proceeds of crime located within its jurisdiction; and
b) restrain with a view to preventing any dealing in, transfer or disposal of such proceeds of crime.
3. The Requested Party shall execute requests referred to in paragraph (2) in accordance with its law, pending a final determination in respect of those proceeds by a court of the Requesting Party. The Requested Party shall notify the Requesting Party immediately of the result of the execution of the request.
4. The Requested Party shall, upon request, confiscate proceeds of crime in accordance with its law.
5. In addition to the information referred to in Article 5, paragraph (2), requests made under this Article shall:
a) indicate, as precisely as possible, the description and the location of the proceeds of crime and their connection with the person suspected of, charged with or convicted of the offence; and
b) where the request is made under paragraph (4), be accompanied by a copy of any order of confiscation made by a judicial authority of the Requesting Party and a declaration by the Central Authority of the Requesting Party that the order is final and enforceable.
6. Proceeds of crime confiscated pursuant to this Article shall be retained by the Requested Party. However, a Party may, to the extent permitted by its law, offer to transfer the proceeds of crime, or part thereof, to the other Party upon such terms as may be agreed.
7. In the application of this Article, the rights of bona fide third parties shall be respected.
- Citeren als
- Art. 16
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006154
- Officiële bron
- wetten.overheid.nl