Page 619 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Kanunları ve Tercümeleri
b. the authorities of the issuing member state have indicated that they are withdra-
wing the order.
2. In the case of paragraph 1, sub b, the public prosecutor immediately orders the return of
the object that was seized.
3. After consultation with the authorities of the issuing member state, the public prosecutor
can impose conditions in order to restrict the duration of the attachment. Before he terminates
the attachment in accordance with the conditions that were imposed, he shall give the authoriti-
es of the issuing member state the opportunity to comment on this intention.
Article 552qq
1. The public prosecutor grants a request, as referred to in Article 552kk, paragraph 2, sub a,
insofar as the court gives permission for this, taking into account the applicable convention. Ar-
ticle 552ll, paragraph 3 applies correspondingly.
2. Unless it is likely that the party with a right to the objects that have been seized is not resi-
ding in the Netherlands, the permission required in pursuance of paragraph 1 is granted only with
the proviso that it is negotiated with regard to the return of the objects to the authorities of the
issuing member state, that they will be sent back as soon as the necessary use has been made of
them in respect of criminal procedure.
3.Articles 552a, 552ca, 552d, paragraph 1 and 552e, paragraph 1 apply correspondingly, with
the proviso that the notice of complaint is submitted to the registrar of the court, who is compe-
tent to grant the permission required in pursuance of paragraph 1.
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Enforcement of Criminal Judgments (Transfer) Act
Article 13
1. Following a request by a foreign state based on a convention, a criminal financial investiga-
tion can be instituted in the Netherlands in accordance with Section 9 of Title IV of Boek I of the
Code of Criminal Procedure, aimed at determining the benefit present in this country or unlaw-
fully obtained, of a person who is subjected to a criminal investigation in the requesting State.
2. The criminal financial investigation can be instituted only if this would also have been pos-
sible if the act or acts with regard to which the person in the requesting State is suspected, had
been committed in the Netherlands.
3. During the criminal financial investigation the attachment of objects in accordance with
Article 94, paragraph 2 and Article 94a, paragraph 2 of the of the Code of Criminal Procedure, can
take place only if there are well-founded reasons for the expectation that in this respect the re-
questing foreign State will make a request for the enforcement of a confiscation or for a sanction
involving the removal of the unlawfully obtained benefit.