Page 1585 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1573
Kanunları ve Tercümeleri
as well as money laundering, a ‘criminal offence’mentioned in Art. 18763 para. (1) f ) shall mean a
predicate offence.
(7) Issuing State shall mean the Member State in which a court has issued a confiscation order
within the framework of criminal proceedings.
(8) Executing State shall mean the Member State to which a confiscation order has been trans-
mitted for the purpose of execution.
(9) Framework Decision shall mean the Framework Decision No. 2006/783/JHA of 6 October
2006 on the application of the principle of mutual recognition to confiscation orders, published
in the Official Journal of the European Union No. L 328 of 24 November 2006.
ARTICLE 18750
The confiscation order and the certificate
(1) The confiscation order shall be issued in the form and provided in and in accordance with,
the legislation of the issuing State and shall be accompanied by the certificate in para. (3).
(2) Under Romanian law, confiscation order shall mean a decision by which a court took the
measure of special confiscation, containing a mention of it being final or containing the enacting
terms of that decision, including the order to confiscate.
(3) The certificate, the standard form for which is given in Annex No. 4, must be signed, by the
Romanian judicial authority that ordered the confiscation and its contents certified as accurate
by the issuing judicial authority.
ARTICLE 18751
Competent Romanian authorities
(1) The Romanian authorities that have the competence to issue confiscation orders are the
law courts.
(2) The competence to execute a confiscation order issued by a judicial authority of a Member
State belongs to the tribunal in the jurisdiction of which the property is located that is to be con-
fiscated. If the confiscation order concerns:
a) several items of movable property that are located in the jurisdiction of different
tribunals, the competence shall belong to the Tribunal of Bucharest;
b) several items of movable property and one item of immovable property, the compe-