A/AC.291/L.15
prosecutions or judicial proceedings, information on proceeds of offences established
in accordance with this Convention to another State Party without prior request, when
it considers that the disclosure of such information might assist the receiving Stat e
Party in initiating or carrying out criminal investigations, prosecutions or judicial
proceedings or might lead to a request by that State Party under article 50 of this
Convention.
Article 52. Return and disposal of confiscated
proceeds of crime or property
[agreed ad referendum]
1.
Proceeds of crime or property confiscated by a State Party pursuant to
article 31 or 50 of this Convention shall be disposed of by that State Party in
accordance with its domestic law and administrative procedures.
2.
When acting on a request made by another State Party in accordance with
article 50 of this Convention, States Parties shall, to the extent permitted by domestic
law and if so requested, give priority consideration to returning the confiscated
proceeds of crime or property to the requesting State Party so that it can give
compensation to the victims of the crime or return such proceeds of crime or property
to their prior legitimate owners.
3.
When acting on a request made by another State Party in accordance with
articles 31 and 50 of this Convention, a State Party may, after due consideration has
been given to compensation of victims, give special consideration to concluding
agreements or arrangements on:
(a) Contributing the value of such proceeds of crime or property or funds
derived from the sale of such proceeds of crime or property or a part thereof to the
account designated in accordance with article 56, paragraph 2 (c), of this Convention,
and to intergovernmental bodies specializing in the fight against cybercrime;
(b) Sharing with other States Parties, on a regular or case-by-case basis, such
proceeds of crime or property, or funds derived from the sale of such proceeds of
crime or property, in accordance with its domestic law or administrative procedures.
4.
Where appropriate, unless States Parties decide otherwise, the requested State
Party may deduct reasonable expenses incurred in investigations, prosecutions or
judicial proceedings leading to the return or disposition of confiscated property
pursuant to this article.
Chapter VI
Preventive measures
Article 53. Preventive measures
1.
Each State Party shall endeavour, in accordance with fundamental principles of
its legal system, to develop and implement or maintain effective and coordinated
policies and best practices to reduce existing or future opportunities for cybercrime
through appropriate legislative, administrative or other measures. [ agreed ad
referendum]
2.
Each State Party shall take appropriate measures, within its means and in
accordance with fundamental principles of its domestic law, to promote the active
participation of relevant individuals and entities outside the public sector, such as
non-governmental organizations, civil society organizations, academic institutions
and private sector entities, as well as the general public, in the relevant aspects of
prevention of the offences established in accordance with this Convention. [ agreed
ad referendum]
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