Article 12 - Sanctions and measures
Article 12 - Sanctions and measures
1. Each Party shall take the necessary legislative and other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions, including criminal or non-criminal monetary sanctions, taking account of their seriousness. These sanctions shall include, for offences established in accordance with Articles 5 and 6, when committed by natural persons, penalties involving deprivation of liberty that may give rise to extradition.
2. Each Party shall take the necessary legislative and other measures to ensure that legal persons held liable in accordance with Article 11 are subject to effective, proportionate and dissuasive sanctions, including criminal or non-criminal monetary sanctions, and may include other measures, such as:
a) temporary or permanent disqualification from exercising commercial activity;
b) placing under judicial supervision;
c) a judicial winding-up order.
3. Each Party shall take the necessary legislative and other measures to:
a) permit seizure and confiscation of:
(i) medical products, active substances, excipients, parts, materials and accessories, as well as goods, documents and other instrumentalities used to commit the offences established in accordance with this Convention or to facilitate their commission;
(ii) proceeds of these offences, or property whose value corresponds to such proceeds;
b) permit the destruction of confiscated medical products, active substances, excipients, parts, materials and accessories that are the subject of an offence established under this Convention;
c) take any other appropriate measures in response to an offence, in order to prevent future offences.