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173 | II Série A - Número: 007S2 | 2 de Outubro de 2008

his/her control.
3. A person who declines to give evidence or assist in investigations in accordance with Articles 9 or 10 shall not be subject to any penalty or mandatory restriction of personal liberty for such decline.

Article 12 Inquiry, Search, Freezing and Seizure

1. The Requested State shall, to the extent its national law permits, execute a request for inquiry, search, freezing and seizure of evidential materials, articles and assets.
2. The Requested State shall provide the Requesting State with such information as requested concerning the results of executing the request, including information on the results of inquiry or search, the place and circumstances of freezing or seizure, and the subsequent custody of such materials, articles or assets.
3. The Requested State may transmit the seized materials, articles or assets to the Requesting State if the Requesting State agrees to the terms and conditions for such transmission as proposed by the Requested State.

Article 13 Return of Documents, Records and Articles of Evidence to the Requested State

At the request of the Requested State, the Requesting State shall return to the Requested State the originals of documents or records and articles of evidence provided to it by the latter under this Agreement as soon as possible.

Article 14 Forfeiture of Proceeds from Criminal Activities and Instruments of Crime

1. The Requested State shall, upon request, endeavor to ascertain whether any proceeds from criminal activities or instruments of crime are deposited within its territory and shall notify the Requesting State of the result of inquiries. In making the request, the Requesting State shall state to the Requested State the reasons for inferring that the proceeds or instruments may be deposited in the latter’s territory.
2. Once the suspected proceeds or instruments of crime are found in accordance with paragraph 1 of this Article, the Requested State shall, at the request of the Requesting State, take measures to freeze, seize and forfeit such proceeds or instruments according to its national laws.
3. At the request of the Requesting State, the Requested State may, to the extent permitted by its national laws and under the terms and conditions agreed to by the Contracting States, transfer all or part of the proceeds or instruments of crime, or the proceeds from the sale of such assets to the Requesting State.
4. In applying this Article, the legitimate rights and interests of the Requested State and any third party to such proceeds or instruments shall be respected under the laws of the Requested State.

Article 15 Notification of Results of Proceedings in Criminal Matters

1. A Contracting State that has made a request to the other in accordance with this Agreement shall, at the request of the latter, inform the latter of results of the criminal proceedings to which the request of assistance relates.
2. Either Contracting State shall, upon request, inform the other Contracting State of results of criminal proceedings it has instituted against a national of the latter.

Article 16 Supply of Criminal Records

The Requested State shall provide, upon request, the Requesting State with the past criminal records and information of the sentence against the person investigated or prosecuted in a criminal matter in the territory of the