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Table of Contents
Page Overview
Document Overview
AI Summary of 14. Certificate may be evidence in proceedings under this Part.
This document outlines the evidential provisions concerning certificates related to property linked to criminal conduct outside the State. Specifically, a certificate from a practising lawyer in the foreign jurisdiction serves as prima facie evidence that the alleged conduct constitutes an offence there, unless contradicted.
Furthermore, translations of such certificates into Irish or English, when certified by a competent individual, are also deemed valid. Additional provisions detail how certificates from the Department of Foreign Affairs or the Minister serve as evidentiary support regarding Irish citizenship and related matters in specific offences, reinforcing the weight of such documentation in legal proceedings.
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14. Certificate may be evidence in proceedings under this Part.
(1) In any proceedings for an offence under this Part in which it is alleged that property the subject of the offence is the proceeds of criminal conduct occurring in a place outside the State, a certificate -
(a) purporting to be signed by a lawyer practising in the place, and
(b) stating that such conduct is an offence in that place,
is evidence of the matters referred to in that certificate, unless the contrary is shown.
(2) A certificate referred to in subsection (1) is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.
(3) In a case where a certificate referred to in subsection (1) is written in a language other than the Irish language or the English language, unless the contrary is shown -
(a) a document purporting to be a translation of that certificate into the Irish language or the English language, as the case may be, and that is certified as correct by a person appearing to be competent to so certify, is taken -
(i) to be a correct translation of the certificate, and
(ii) to have been certified by the person purporting to have certified it,
and
(b) the person is taken to be competent to so certify.