CETS 201 – Protection of Children against Sexual Exploitation and Sexual Abuse, 25.X.2007 __________________________________________________________________________________ b – goods, documents and other instrumentalities used to commit the offences, established in accordance with this Convention or to facilitate their commission; – proceeds derived from such offences or property the value of which corresponds to such proceeds; enable the temporary or permanent closure of any establishment used to carry out any of the offences established in accordance with this Convention, without prejudice to the rights of bona fide third parties, or to deny the perpetrator, temporarily or permanently, the exercise of the professional or voluntary activity involving contact with children in the course of which the offence was committed. 4 Each Party may adopt other measures in relation to perpetrators, such as withdrawal of parental rights or monitoring or supervision of convicted persons. 5 Each Party may establish that the proceeds of crime or property confiscated in accordance with this article can be allocated to a special fund in order to finance prevention and assistance programmes for victims of any of the offences established in accordance with this Convention. Article 28 – Aggravating circumstances Each Party shall take the necessary legislative or other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of internal law, be taken into consideration as aggravating circumstances in the determination of the sanctions in relation to the offences established in accordance with this Convention: a the offence seriously damaged the physical or mental health of the victim; b the offence was preceded or accompanied by acts of torture or serious violence; c the offence was committed against a particularly vulnerable victim; d the offence was committed by a member of the family, a person cohabiting with the child or a person having abused his or her authority; e the offence was committed by several people acting together; f the offence was committed within the framework of a criminal organisation; g the perpetrator has previously been convicted of offences of the same nature. Article 29 – Previous convictions Each Party shall take the necessary legislative or other measures to provide for the possibility to take into account final sentences passed by another Party in relation to the offences established in accordance with this Convention when determining the sanctions. Chapter VII – Investigation, prosecution and procedural law Article 30 – Principles 1 Each Party shall take the necessary legislative or other measures to ensure that investigations and criminal proceedings are carried out in the best interests and respecting the rights of the child. 11

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