Page 856 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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844
Uluslararası Adli İşbirliği
jurisdiction in the participating country for the forfeiture of the property, and in respect of which
the following requirements of this paragraph are met.
(3) The action which the appropriate court or authority considered would constitute or, as the
case may be, constituted the listed offence is action done as an act of terrorism or for the purpo-
ses of terrorism.
(4) The order must relate to—
(a) criminal proceedings instituted in the participating country, or
(b) a criminal investigation being carried on there.
(5) The order must be accompanied by a certificate which gives the specified information;
but a certificate may be treated as giving any specified information which is not given in it if the
Secretary of State has the information in question.
(6) The certificate must—
(a) be signed by or on behalf of the court or authority which made or confirmed the
order,
(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 41E to 41G to an overseas freezing order include its accompan-
ying certificate.
Enforcement of overseas freezing orders
41E (1) Where this paragraph applies the Secretary of State must send a copy of the overseas