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 State Party in initiating or carrying out investigations, prosecutions or judicial proceedings or might lead to a request by that State Party
under this chapter of the Convention.
Article 57.
Return and disposal of assets
1. Property confiscated by a State Party pursuant to article 31 or 55 of
this Convention shall be disposed of, including by return to its prior legitimate
owners, pursuant to paragraph 3 of this article, by that State Party in accordance
with the provisions of this Convention and its domestic law.
2. Each State Party shall adopt such legislative and other measures, in
accordance with the fundamental principles of its domestic law, as may be
necessary 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.
3. In accordance with articles 46 and 55 of this Convention and paragraphs 1 and 2 of this article, the requested State Party shall:
(a) In the case of embezzlement of public funds or of laundering of
embezzled public funds as referred to in articles 17 and 23 of this Convention,
when confiscation was executed in accordance with article 55 and on the basis
of a final judgement in the requesting State Party, a requirement that can be
waived by the requested State Party, return the confiscated property to the
requesting State Party;
(b) In the case of proceeds of any other offence covered by this Convention, when the confiscation was executed in accordance with article 55 of this
Convention and on the basis of a final judgement in the requesting State Party,
a requirement that can be waived by the requested State Party, return the
confiscated property to the requesting State Party, when the requesting State
Party reasonably establishes its prior ownership of such confiscated property to
the requested State Party or when the requested State Party recognizes damage
to the requesting State Party as a basis for returning the confiscated property;
(c) In all other cases, give priority consideration to returning confiscated
property to the requesting State Party, returning such property to its prior
legitimate owners or compensating the victims of the crime.
4. Where appropriate, unless States Parties decide otherwise, the requested State Party may deduct reasonable expenses incurred in investigations,
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