Part I
General
CHAPTER II
General rules of procedure
Article 28
Handing over of property or money
1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.
2. Handing over may be delayed; property and money may be handed over on condition that they are returned.
3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.
4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.
5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.
Part I
General
CHAPTER II
General rules of procedure
Article 28
Handing over of property or money
1. Where the request for co-operation concerns, exclusively or not, the handing over of property or money, these may be handed over only if they are not required for the purpose of producing evidence in connection with a criminal offence over which the Portuguese authorities have jurisdiction.
2. Handing over may be delayed; property and money may be handed over on condition that they are returned.
3. Any rights which bona fide third parties or legitimate owners or possessors may have over the property shall be preserved; any rights of the State that might result from the property being declared lost in its favour shall also be preserved.
4. If there is opposition to the handing over, property or money shall be handed over only subsequent to a final decision of the competent authority.
5. Where extradition is requested, the handing over as mentioned in paragraph 1 above may be executed even where extradition does not take place, notable because of the escape or death of the person sought.
1. Los Estados Partes, de conformidad con lo dispuesto en la presente Parte y con los procedimientos de su derecho interno, deberán cumplir las solicitudes de asistencia formuladas por la Corte en relación con investigaciones o enjuiciamientos penales a fin de:
(k) Identificar, determinar el paradero o inmovilizar el producto y los bienes y haberes obtenidos del crimen y de los instrumentos del crimen, o incautarse de ellos, con miras a su decomiso ulterior y sin perjuicio de los derechos de terceros de buena fe; y