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1572
Uluslararası Adli İşbirliği
a) of the transmission of the decision to the competent authority;
b) of any decision not to recognise and execute the decision, and of the grounds of that
decision;
c) of the total or partial non-execution of the decision and of the grounds therefor;
d) of the execution of the decision as soon as the execution has been completed;
e) of the application of alternative sanction.
SECTION 5
Provisions on cooperation with the Member States of the European Union, implementing
the Framework Decision No. 2006/783/JHA of 6 October 2006 on the application of the
principle of mutual recognition to confiscation orders
SUBSECTION 1
General provisions
ARTICLE 18749
Definitions
(1) Confiscation order shall mean a final penalty or measure imposed by a court following
proceedings in relation to a criminal offence or offences, resulting in the definitive deprivation of
property.
(2) Property shall mean property of any description, whether corporeal or incorporeal, mo-
vable or immovable, and legal documents and instruments evidencing title to or interest in such
property, which the court in the issuing State has decided:
a) is the proceeds of an offence, or equivalent to either the full value or part of the value
of such proceeds, or
b) constitutes the instrumentalities of such an offence.
(3) Proceeds shall mean any economic advantage derived from criminal offences. It may con-
sist of any form of property.
(4) Instrumentalities shall mean any property used or intended to be used, in any manner,
wholly or in part, to commit a criminal offence or criminal offences.
(5) Cultural objects forming part of the national cultural heritage shall be defined in accor-
dance with Art. 582 of Law No. 182/2000 to Protect the National Movable Cultural Heritage, as
subsequently amended and supplemented, transposing Article 1(1) of Council Directive 93/7/
EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a
Member State.
(6) Where the criminal proceedings leading to a confiscation order involve a predicate offence