Basic HTML Version
1577
Kanunları ve Tercümeleri
than one executing State at the same time in cases where:
a) the issuing judicial authority has reasonable grounds to believe that different items
of property covered by the confiscation order are located in different executing States;
b) the confiscation of a specific item of property covered by the confiscation order
involves action in more than one executing State, or the issuing judicial authority has reasonable
grounds to believe that a specific item of property covered by the confiscation order is located in
one of two or more specified executing States.
(3) The confiscation order concerning an amount of money may be transmitted to several
executing States at the same time whenever the issuing judicial authority considers it to be ne-
cessary, for example, whenever the property has not been frozen according to the Council Frame-
work Decision No. 2003/577/JHA, or whenever the value of the property which may be confisca-
ted in Romania as the issuing State and in any one executing State is not likely to be sufficient for
the execution of the full amount covered by the confiscation order.
ARTICLE 18757
Consequences of transmission of confiscation orders
(1) The transmission of a confiscation order to one or more executing States does not restrict
the right of the Romanian judicial authority to execute the confiscation order itself, according to
the Romanian Code of Criminal Procedure.
(2) In the case of transmission of a confiscation order concerning an amount of money to one
or more executing States, the total value derived from its execution may not exceed the maxi-
mum amount specified in the confiscation order.
(3) The issuing judicial authority shall immediately inform the competent authority of any
executing State concerned:
a) if it considers that there is a risk that execution beyond the maximum amount may
occur, for example on the basis of information notified to it by each executing State. In the event
that the issuing judicial authority has been informed that the execution of the confiscation order
has been postponed, it shall immediately inform the competent authority of the executing State
whether the risk referred to has ceased to exist;
b) if all or a part of the confiscation order has been executed in Romania or in another
executing State. The amount for which the confiscation order has not yet been executed shall be
specified by the issuing judicial authority;
c) if, after transmission of a confiscation order, a Romanian authority receives any sum
of money which the person concerned has paid voluntarily in respect of the confiscation order.
In the event that the proceeds of an offence are confiscated, any part of that amount shall be
deducted from the amount to be confiscated in the executing State. In this case, the issuing Ro-