Southern African Development Community
HEREBY AGREE AS FOLLOWS:
ARTICLE 1
DEFINITIONS
1.
In this Protocol, terms and expressions defined in Article 1 of the Treaty
shall bear the same meaning unless the context otherwise requires.
2.
In this Protocol, unless the context otherwise requires:
"confiscation"
means a permanent deprivation of property by order
of a court or other competent authority and includes
forfeiture where applicable;
"offence"
means the fact or facts which constitute a crime under
the laws of a Member State;
"property"
means assets of any kind, whether corporeal or
incorporeal, movable or immovable, tangible or
intangible and any document or legal instrument
evidencing title to, or interest in such assets;
"proceeds of crime" means any property suspected, or found by a court, to
be property directly or indirectly derived or realized as
a result of the commission of an offence or to
represent the value of property and other benefits
derived from the commission of an offence;
"Requested State"
means a State being requested to provide assistance
in terms of this Protocol;
"Requesting State"
means a State making a request for assistance in
terms of this Protocol;
"sentence"
means any penalty or measure imposed or
pronounced by a court of competent jurisdiction as a
result of criminal conviction;
"State Party"
means any Member State which has ratified or
acceded to this Protocol;
"Third State"
means any State other than the Requested State or
Requesting State.
SADC Protocol on Mutual Legal Assistance in Criminal Matters
2