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2.
Each State Party shall adopt all necessary legislative and other measures
to enable its competent authorities to return confiscated property, when acting
on the request made by another State Party in accordance with this Convention,
taking into account the rights of bona fide third parties and in accordance with
its domestic law.
3.
In accordance with Article 35 of this Convention and paragraphs 1 and 2
of this Article, the requested State Party shall:
(a)
in case of embezzlement of public assets when they were
confiscated in accordance with Article 35 of this Convention and on the basis of
a final judgment made in the requesting State Party, a requirement that can be
waived by the requested State Party, return the confiscated assets to the
requesting State Party;
(b)
in all other cases, consider, as a matter of priority, returning
confiscated property to their prior legitimate owners or paying compensation or
damages to the victims of the offence;
4.
Where appropriate, unless States Parties decide otherwise, the requested
State Party may deduct reasonable expenses incurred in investigations or
judicial proceedings resulted in a return or disposition of the confiscated
property pursuant to this Article.
5.
With a view to reaching mutually acceptable arrangements on the final
disposal of confiscated property, States Parties may hold consultations and
conclude separate agreements.
CHAPTER 3. MEASURES TO PREVENT AND COMBAT OFFENCES
AND OTHER UNLAWFUL ACTS IN THE INFORMATION SPACE
Article 36. Policy and practices to prevent and combat offences and other
unlawful acts in the area of ICT use
1.
Each State Party shall, in accordance with basic principles of its legal
framework, develop and implement or pursue an effective and coordinated
policy to combat offences and other unlawful acts in the area of ICT use.