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Kanunları ve Tercümeleri
ARTICLE 18760
Rules on the recognition and execution of confiscation orders
(1) The confiscation order issued by a competent authority in a Member State shall be recog-
nised without further formality, unless any of the grounds for non-recognition in Art. 18763 apply.
(2) A confiscation order issued by a competent authority of a Member State and recognised
by a Romanian law court shall be executed without delay, unless any of the grounds for postpo-
nement in Art. 18764 apply.
(3) In the event of refusal of recognition of a confiscation order, the court shall examine the
possibility to consult with the competent authority of the issuing State before pronouncing a
decision of refusal. If the refusal is based on any of the grounds in Art. 18763 para. (1) a), b), e),
f ) or g), consultation is mandatory. Also, consultation is mandatory in the case under Art. 18763
para. (1) d), if the competent authority of the issuing State is not informed according to Art. 18768
para. (3).
(4) In the case where the person concerned is able to furnish proof of confiscation, totally or in
part, in any State, the court shall consult the competent authority of the issuing State. Any part of
the amount, in the case of confiscation of proceeds, that is recovered pursuant to the confiscation
order in any State other than Romania shall be deducted in full from the amount to be confiscated
by the law court.
(5) The court may not impose measures as an alternative to the confiscation order, including
custodial sanctions or any other measure limiting a person’s freedom, unless the issuing State has
given its consent.
(6) If a confiscation order concerns an amount of money, the court shall, if necessary, convert
the amount to be confiscated into the national currency at the rate of exchange obtaining at the
time when the confiscation order was issued.
(7) Where the execution of the confiscation order involves costs which it considers large or
exceptional, the executing Romanian judicial authority may propose to the issuing State that the
costs be shared on the basis of detailed specifications.
ARTICLE 18761
Governing law
The execution of confiscation orders shall be governed by Romanian law, and the Romanian
authorities alone shall be competent to decide on the procedures for execution and to determine
all the measures relating thereto.