Page 1588 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1576
Uluslararası Adli İşbirliği
(2) The original of the confiscation order and the original of the certificate shall be transmitted
to the executing State, if it so requires.
(3) Where the issuing judicial authority does not know which executing authority is compe-
tent to recognise and execute the confiscation order, it shall request assistance from the execu-
ting State through Romania’s contact points for the European Judicial Network, in view of obtai-
ning the required information.
(4) Direct transmission under para. (1) is not permitted where a Member State has designated
a central authority for the transmission or receipt of confiscation orders.
(5) All communication relating to the recognition and execution of the confiscation order shall
take place directly between the issuing authority and the competent authority of the executing
State, subject to the provisions of para. (4).
ARTICLE 18755
Determination of the Member State that has competence to execute the confiscation order
(1) The confiscation order and the certificate in Art. 18750 may be transmitted:
a) in the case of a confiscation order concerning an amount of money, to the compe-
tent authority of a Member State in which the issuing judicial authority has reasonable grounds
to believe that the natural or legal person against whom the confiscation order has been issued
has property or income;
b) In the case of a confiscation order concerning specific items of property, to the com-
petent authority of a Member State in which the issuing judicial authority has reasonable gro-
unds to believe that property covered by the confiscation order is located.
(2) If there are no reasonable grounds which would allow determination of the Member State
to which the confiscation order may be transmitted, the issuing judicial authority may transmit
the confiscation order to the competent authority of the Member State where the natural or legal
person against whom the confiscation order has been issued is normally resident or has its regis-
tered seat respectively.
ARTICLE 18756
Transmission of a confiscation order to one or more executing States
(1) A confiscation order may be transmitted to only one executing State at any one time, ex-
cept for the cases in para. (2) and (3).
(2) A confiscation order concerning specific items of property may be transmitted to more