Page 852 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(b) include a statement as to the accuracy of the information given in it,
(c) if it is not in English, include a translation of it into English. The signature may be an
electronic signature.
(7) The order must be accompanied by an order made by a court exercising criminal jurisdicti-
on in that country for the forfeiture of the property, unless the certificate indicates when such an
order is expected to be sent.
(8) An appropriate court or authority in a participating country in relation to an overseas fre-
ezing order is—
(a) a court exercising criminal jurisdiction in the country,
(b) a prosecuting authority in the country,
(c) any other authority in the country which appears to the Secretary of State to have
the function of making such orders.
(9) References in paragraphs 25E to 25G to an overseas freezing order include its accompan-
ying certificate.
Enforcement of overseas freezing orders
25E (1) Where this paragraph applies the Secretary of State must send a copy of the overseas
freezing order to the Court of Session and to the Lord Advocate.
(2) The court is to consider the overseas freezing order on its own initiative within a period
prescribed by rules of court.
(3) Before giving effect to the overseas freezing order, the court must give the Lord Advocate
an opportunity to be heard.
(4) The court may decide not to give effect to the overseas freezing order only if, in its opinion,
giving effect to it would be incompatible with any of the Convention rights (within the meaning
of the Human Rights Act 1998).
25F The Court of Session may postpone giving effect to an overseas freezing order in respect
of any property—
(a) in order to avoid prejudicing a criminal investigation which is taking place in the
United Kingdom, or
(b) if, under an order made by a court in criminal proceedings in the United Kingdom,
the property may not be dealt with.