Spans in 'Serbia - Criminal Code' tagged with 'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders'

'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders' in document 'Serbia - Criminal Code'

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More information about the keyword 'Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders'
More information about the document 'Serbia - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Seven
CONFISCATION OF MATERIAL GAIN

Protection of the Injured Party
Article 93

(1) If in criminal proceedings a property claim of the injured party is accepted, the court shall order seizure of material gain only if it exceeds the adjudicated amount of the property claim.

(2) The injured party who in criminal proceedings has been directed to institute civil action in respect of his/her property claim, may request compensation from the seized material gain if he/she institutes a civil action within six months from the day the decision referring him/her to litigation becomes final.

(3) The injured party who does not file a property claim during criminal proceedings may request compensation from the seized material gain if he has instituted civil action to determine his claim within three months from the day of learning of the judgement ordering seizure of material gain, and not later than three years from the day the order on seizure of material gain became final.

(4) In cases referred in paragraphs 2and 3 of this Article, the injured party must, within three months from the day the decision accepting his property claim became final, request to be compensated from the seized material gain.

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.