'Enforcement of forfeiture orders' in document 'Bulgaria - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BULGARIA – CRIMINAL CODE

GENERAL PART

Chapter Four - PUNISHMENT

Section II - Kinds of Punishments

Article 44

(1) Confiscation shall be compulsory appropriation without compensation of property in favour of the state, of assets belonging to the convict or of part thereof, of specified pieces of property of the culprit, or of parts of such pieces of property.

(2) (Supplemented, SG No. 28/1982, repealed - No. 62/1997)

Article 45

(1) Confiscation shall not be ordered if the culprit does not possess available property which could be subject to such punishment.

(2) Subject to confiscation may not be the objects needed by the convict and his family for personal and family use, the objects necessary for the exercise of his vocation specified in a list approved by the Council of Ministers, as well as means for support of his family for one year.

RELEVANT ROME STATUTE PROVISIONS

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
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.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.