'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders' in document 'Canada - Mutual Legal Assistance Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property.

Mutual Legal Assistance in Criminal Matters Act

International Criminal Court

9.2 (8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.