Legislative part

A confiscation order is a final penalty or measure ordered by a court in a Member State of the European Union, referred to as the issuing State, following proceedings in respect of one or more criminal offences, resulting in the permanent deprivation of one or more items of property. The judicial authority shall be competent, in accordance with the rules and conditions laid down in this section, to transmit to…

Confiscation orders which may give rise to transmission to or enforcement in another State are those which confiscate property, movable or immovable, tangible or intangible, as well as any legal instrument or document evidencing title to or interest in such property, on the grounds: 1° That they constitute the instrument or object of an offence; 2° That they constitute the proceeds of an offence or correspond in whole or in…

Any confiscation order shall be accompanied by a certificate drawn up by the competent authority of the issuing State comprising the following particulars: 1° The identification of the issuing State; 2° The identification of the court in the issuing State that issued the order; 3° The identity of the natural or legal persons against whom the confiscation order was issued; 4° Data making it possible to identify the property that…

The certificate must be translated into the official language or one of the official languages of the executing State or into one of the official languages of the institutions of the European Communities accepted by that State.

The confiscation order or certified copy thereof and the certificate shall, subject to the second subparagraph, be transmitted by the competent authority of the issuing State directly to the competent authority of the executing State by any means which leaves a written record under conditions allowing that authority to verify their authenticity. Where a Member State of the European Union has made a declaration to this effect, the confiscation order…