CETS 201 – Protection of Children against Sexual Exploitation and Sexual Abuse, 25.X.2007
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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
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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.
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