Page 616 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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604
Uluslararası Adli İşbirliği
a. they can serve to bring the truth to light or demonstrate an unlawfully obtained benefit;
b. they can be confiscated or withdrawn from circulation;
c. they can serve to uphold the right of recourse for a sanction related to the removal of an
unlawfully obtained benefit.
Article 552kk
1. An order from the authorities of the issuing member state is accompanied by a related,
completed certificate, drawn up in accordance with the model established by a general administ-
rative measure for that purpose.
2. Furthermore, the order is accompanied by a request for legal assistance entailing:
a. the surrender of the object to which the order of attachment relates, to the authoriti-
es of the issuing member state, insofar as the attachment was ordered with a view to establishing
the truth;
b. confiscation or removal from circulation of the object concerned in the order for
attachment;
c. removal of an unlawfully obtained benefit in connection with which the order for
attachment was issued.
3. In deviation from paragraph 2, the authorities of the issuing member state can indicate in
the certificate that the objects attached shall be held in the Netherlands in anticipation of a re-
quest as referred to in paragraph 2, with an indication of the time at which it is expected that the
request shall be submitted.
4. If the certificate has not been submitted, is incomplete or is clearly not in accordance with
the order, the public prosecutor gives the authorities of the issuing member state the opportu-
nity to present, supplement or improve the certificate within a reasonable period set by him. The
public prosecutor can decide that the certificate is replaced by an equivalent document. If the
information required for the enforcement of the order is obtained in a different way, the public
prosecutor can decide that the certificate no longer has to be submitted.
5. If the order and the related documents have not been sent to a public prosecutor, they will
be immediately passed on to the public prosecutor by the addressee. The addressee shall inform
the competent authorities of the issuing member state of this.
Article 552ll
1. An order that is subject to recognition and enforcement is recognised and enforced by the
public prosecutor in accordance with the provisions of Article 552nn.
2. The public prosecutor can refuse the enforcement only if:
a. the certificate has not been submitted, is incomplete or is clearly not in accordance
with the order, after the end of the period referred to in Article 552kk, paragraph 4.