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1565
Kanunları ve Tercümeleri
under the law of the issuing State, provided that the person concerned has had an opportunity to
have the case tried by a court having jurisdiction in particular in criminal matters;
c) an authority of the issuing State other than a court in respect of acts which are punis-
hable under the national law of the issuing State by virtue of being infringements of the rules of
law, provided that the person concerned has had an opportunity to have the case tried by a court
having jurisdiction in particular in criminal matters;
d) a court having jurisdiction in particular in criminal matters, where the decision was
made regarding a decision as referred to in (c);
(2) Financial penalty shall mean the obligation to pay:
1. a) a sum of money on conviction of an offence imposed in a decision;
b) compensation imposed in the same decision for the benefit of victims, where the
victim may not be a civil party to the proceedings and the court is acting in the exercise of its
criminal jurisdiction;
c) a sum of money in respect of the costs of court or administrative proceedings lea-
ding to the decision;
d) a sum of money to a public fund or a victim support organisation, imposed in the
same decision.
2. A financial penalty shall not include:
a) orders for the confiscation of instrumentalities or proceeds of crime;
b) orders that have a civil nature and arise out of a claim for damages and restitution
and which are enforceable in accordance with Council Regulation (EC) No 44/2001 of 22 Decem-
ber 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commer-
cial matters.
(3) Issuing State shall mean the Member State in which a decision within the meaning of the
Framework Decision was delivered.
(4) Executing State shall mean the Member State to which a decision has been transmitted for
the purpose of enforcement.
(5) Framework Decision shall mean the Council Framework Decision No. 2005/214/JHA of 24
February 2005 on the application of the principle of mutual recognition to financial penalties,
published in the Official Journal of the European Union No. L 76 of 22 March 2005.
ARTICLE 18735
Competent authorities