Document ID: chunk:federal_register_of_legislation:F2004C00692:body:0:p6
Version: federal_register_of_legislation:F2004C00692
Segment Type: other
Provision Reference: 
Character Range: 13306–16036

the findings as to the facts in so far as they are stated in a conviction or judicial decision of the requesting Party or in so far as such conviction or judicial decision is implicitly based on them.

3. Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that paragraph 2 of this article applies only subject to its constitutional principles and the basic concepts of its legal system.

4. If the confiscation consists in the requirement to pay a sum of money, the competent authority of the requested Party shall convert the amount thereof into the currency of that Party at the rate of exchange ruling at the time when the decision to enforce the confiscation is taken.

5. In the case of Article 13, paragraph 1.a, the requesting Party alone shall have the right to decide on any application for review of the confiscation order.

Article 15
Confiscated property

Any property confiscated by the requested Party shall be disposed of by that Party in accordance with its domestic law, unless otherwise agreed by the Parties concerned.

Article 16
Right of enforcement and maximum amount of confiscation

1. A request for confiscation made under Article 13 does not affect the right of the requesting Party to enforce itself the confiscation order.

2. Nothing in this Convention shall be so interpreted as to permit the total value of the confiscation to exceed the amount of the sum of money specified in the confiscation order. If a Party finds that this might occur, the Parties concerned shall enter into consultations to avoid such an effect.

Article 17
Imprisonment in default

The requested Party shall not impose imprisonment in default or any other measure restricting the liberty of a person as a result of a request under Article 13, if the requesting Party has so specified in the request.

Section 5
Refusal and postponement of co-operation

Article 18
Grounds for refusal

1. Co-operation under this chapter may be refused if:

       a. the action sought would be contrary to the fundamental principles of the legal system of the requested Party; or

       b. the execution of the request is likely to prejudice the sovereignty, security, ordre public or other essential interests of the requested Party; or

       c. in the opinion of the requested Party, the importance of the case to which the request relates does not justify the taking of the action sought; or

       d. the offence to which the request relates is a political or fiscal offence; or

       e. the requested Party considers that compliance with the action sought