Book traversal links for Article (59)
Article (59)
IA-BOD-RES 10/2019Taking into consideration the applicable laws in the State, the implementation of the judgement or judicial order mentioned in Article (58) of the present Decision shall not contradict a judgment or order previously issued by a court in the State, there shall not be an ongoing charge in the State regarding the same judgment issued from the requesting country, and the request shall also include the following documents and information:
- An attested copy of the judgment or judicial order for Confiscation along with the law on which it is based, and a statement of the reasons for issuing the confiscation order, if not mentioned in the judgment or the order itself.
- A statement establishing that the sentenced person has been duly summoned and represented, and has been able to defend himself.
- A document confirming that the judgement or judicial order is enforceable and not subject to appeal through ordinary methods.
- Description of the Funds, Proceeds and Means for Confiscation, their estimated value, their potential location and information regarding any persons who might be holding or possessing these funds.
- Statement of the amount to be repatriated from the funds for Confiscation.
- Any information relating to third party rights on the Funds, Proceeds or Means.
- Statement of the procedures undertaken in the requesting country to protect bona fide third parties.