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Kanunları ve Tercümeleri
unlawfully obtained benefit. For this purpose, attached objects are placed at the disposal of the
public prosecutor, insofar as the court grants permission for this, taking into account the appli-
cable convention.
2. The permission required in pursuance of paragraph 1 is granted only with the proviso that
it is negotiated when the objects are issued to the foreign authorities that they will be returned,
even if they were confiscated, or removed as an unlawfully obtained benefit, in which case they
are transferred to the ownership of the State of the Netherlands, or that the requesting State has
an amount of money to be determined by our Minister, corresponding to all or part of the value
of the objects, transferred to the State of the Netherlands. Our Minister can decide to relinquish
the claim to the transfer of the negotiated amount of money if the requesting State demonstrates
that the objects that were issued were transferred to third parties with a right to them.
3. Dealing with a request or demand for permission to be granted by the court in chambers
takes place in public. The provisions of section 6 of Title I of Book I of the Code of Criminal Proce-
dure apply correspondingly in this respect.
4. An appeal can be instituted by the public prosecutions department within fourteen days
after the service of the decision, and by the other participants in the proceedings, within fourteen
days after the service of the letter in which the decision was sent.
Article 13d
1. The examining judge is competent with regard to the attachment as referred to in Articles
13a and 13b, and insofar as this competence is not restricted to the examining judge, every public
prosecutor and assistant public prosecutor is competent. At the request of the public prosecutor,
the examining judge can exercise the powers which apply to him on the basis of a preliminary
judicial investigation.
2. The provisions of Articles 94b, 94c, 94d, 97-102, 103, 104-114, 116-117a, 118, 118b, 119,
552a, 552c -552e and 556 of the Code of Criminal Procedure apply correspondingly.
Article 13e
1. For the corresponding application of Articles 552aand 552c of the Code of Criminal Proce-
dure respectively, the judge shall not carry out a new examination of the rights of the interested
parties if a judgement has been pronounced on this by the foreign court. However, the judge can
carry out such a new examination, if:
a. that judgement concerns the rights related to immovable goods located in the Net-
herlands or property subject to registration, registered in the Netherlands;
b. that judgement concerns the validity, nullity or dissolution of legal persons establis-
hed in the Netherlands or the decisions of their agencies;
c. that judgement was made without officially informing the interested party in whose
absence the proceedings were carried out, of the proceedings, as far in advance as was reaso-