Page 1567 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1555
Kanunları ve Tercümeleri
between the Member States of the European Union, and the judicial authority that is competent
to examine the request is the court that is competent under the law to authorise the interception
of telephone communications.”
SECTION 3
Provisions on cooperation with Member States
of the European Union, implementing the Council Framework Decision No. 2003/577/JHA
of
22 July 2003 on the execution in the
European Union of orders freezing property or evidence
SUBSECTION 1
General provisions
ARTICLE 18720
The meaning of certain words or phrases
(1) Freezing order shall mean any measure taken during criminal proceedings by a judicial
authority of a Member State consisting of the provisional freezing of property, in order to avoid
any operation of destruction, conversion, displacement, transfer or alienation of that property.
(2) Property includes property of any description, whether corporeal or incorporeal, movable
or immovable, and legal documents and instruments evidencing title to or interest in such pro-
perty, which the competent judicial authority in the issuing State considers:
a) is the proceeds of an offence referred to in Article 18724, or equivalent to either the
full value or part of the value of such proceeds, or
b) constitutes the instrumentalities or the objects of such an offence.
(3) Evidence shall mean objects, documents or data which could be produced as evidence in
criminal proceedings concerning an offence referred to in Article 18724.
(4) Issuing State shall mean the Member State in which a judicial authority has made, valida-
ted or in any way confirmed a freezing order in the framework of criminal proceedings.
(5) Executing State shall mean the Member State in whose territory the property or evidence
is located.
(6) Framework Decision shall mean the Council Framework Decision No. 2003/577/JHA of 22
July 2003 on the execution in the European Union of orders freezing property or evidence, pub-
lished in the Official Journal of the European Union No. L 196 of 2 August 2003.