Page 1288 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(e) is of the opinion that refusal of the request is in the public interest.
(3) On receipt of an authorization, the Attorney General of Canada or an attorney general of a
province may file a copy of the order with the superior court of criminal jurisdiction of the provin-
ce in which all or part of the property that is the subject of the order is believed to be located. On
being filed, the order shall be entered as a judgment of that court and may be executed anywhere
in Canada.
(4) An order that is filed under subsection 3) by an attorney general of a province is deemed
to be filed by the Attorney General of Canada.
(5) Before filing an order, the Attorney General of Canada or an attorney general of a province
must be satisfied that
(a) the person has been convicted of an offence within the jurisdiction of the state or
entity;
(b) the offence would be an indictable offence if it were committed in Canada; and
(c) the conviction and the order are not subject to further appeal.
(6) From the date it is filed under subsection 3), subject to subsection (4),
(a) an order of forfeiture of proceeds of crime has the same effect as if it were an order
under subsection 462.37(1) or 462.38(2) of the Criminal Code; and
(b) an order for the forfeiture of offence-related property has the same effect as if it
were an order under subsection 490.1(1) or 490.2(2) of the Criminal Code or subsection 16(1) or
17(2) of the Controlled drugs and Substances Act, as the case may be.
(7) When an order is filed under subsection 3), a copy of any amendments made to the order
may be filed in the same way as the order, and the amendments do not, for the purpose of this
Act, have effect until they are registered.
(8) When an order has been filed under subsection (3),
(a) an order of forfeiture of proceeds of crime shall not be executed before notice in
accordance with subsection 462.41(2) of the Criminal Code has been given to any person who, in
the opinion of the court, appears to have a valid interest in the property; and
(b) an order of forfeiture of offence-related property shall not be executed before
(i) notice in accordance with subsection 490.41(2) of the Criminal Code or section
19.1(2) of the Controlled Drugs and substances Act has been given to any person who resides in
a dwelling-house that is offence- related property and who is a member of the immediate family
of the person charged with or convicted of the offence in relation to which property would be
forfeited, and