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1580
Uluslararası Adli İşbirliği
ARTICLE 18762
Confiscation in special cases
(1) If a request for confiscation concerns a specific item of property, if the issuing authority
consents, and if it is provided for under the law of both States, the court may ordain that confis-
cation may take the form of a requirement to pay a sum of money corresponding to the value of
the property.
(2) If a confiscation order concerns an amount of money, the court may, if payment is not ob-
tained in total, execute the confiscation order on any item of property available for that purpose.
ARTICLE 18763
Reasons for non-recognition or non-execution
(1) Outside the case in Art. 18752 para. (2), recognition and execution of a confiscation order
may be refused whenever:
a) the certificate in Art. 18750 is not produced, is incomplete or manifestly does not
correspond to the order;
b) execution of the confiscation order would be contrary to the principle of ne bis in
idem;
c) Romanian legislation provides an immunity or privilege that makes it impossible to
execute the confiscation order;
d) the rights of any interested party, including bona fide third parties, make it impos-
sible to execute the confiscation order, including where this is a consequence of the application
of legal remedies in accordance with Article 18768;
e) according to the certificate provided with the confiscation order, the person concer-
ned did not appear personally and was not represented by a legal counsellor in the proceedings
resulting in the confiscation order, unless the certificate states that the person was informed per-
sonally, or via his representative competent according to national law, of the proceedings in ac-
cordance with the law of the issuing State or that the person has indicated that he or she does not
contest the confiscation order;
f ) the confiscation order is based on criminal proceedings in respect of criminal offen-
ces which:
- under Romanian law, are regarded as having been committed wholly or partly
within Romanian territory, or
- were committed outside the territory of the issuing State, and Romanian legis-
lation does not permit legal proceedings to be taken in respect of such offences where they are
committed outside Romanian territory;
g) executing the confiscation order would infringe upon constitutional principles;
h) the execution of the confiscation order is barred under Romanian statutory time