Page 1594 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1582
Uluslararası Adli İşbirliği
(5) As soon as the ground for postponement has ceased to exist, the court shall take all the ne-
cessary measures for the execution of the confiscation order and inform the competent authority
of the issuing State thereof.
ARTICLE 18765
Multiple confiscation orders
If the court is processing:
a) two or more confiscation orders concerning an amount of money, which have been
issued against the same natural or legal person, and the person concerned does not have suffici-
ent means in Romania to enable all the orders to be executed; or
b) two or more confiscation orders concerning the same specific item of property; the
court shall have due consideration of all the circumstances, which may include the involvement
of frozen assets, the relative seriousness and the place of the offence, the dates of the respective
orders and the dates of transmission of the respective orders, when deciding which of the confis-
cation orders will be executed.
ARTICLE 18766
Disposal of confiscated property
(1) Romania shall, through its competent institutions, dispose of the money which has been
obtained from the execution of a confiscation order, as follows:
a) if the amount obtained from the execution of the confiscation order is below EUR
10.000 or the RON equivalent thereof, the amount shall accrue to the State budget of Romania;
b) in all other cases, 50% of the amount obtained from the execution of the confiscati-
on order shall be transferred to the issuing State.
(2) Property other than money shall be disposed of in one of the following ways:
a) the property may be sold, according to the legal provisions. In that case, the proce-
eds of the sale shall be disposed of in accordance with para. (1), or
b) the property may be transferred to the issuing State. If the confiscation order covers
an amount of money, the property may be transferred to the issuing State when that State has
given its consent;
c) when it is not possible to apply a) or b), the property may be disposed of in another
way in accordance with Romanian law.
(3) Cultural objects forming part of the national heritage of Romania and which are covered
by the confiscation order shall not be sold or transferred.
(4) Para. (1) – (3) apply unless otherwise agreed between Romania and the issuing State.