'Enforcement of forfeiture orders' in document 'Afghanistan - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section Three

CHAPTER FOUR
Security Measures

Part Four
Financial Security Measures

First : Confiscation

Article 132 :

In case the forfeited articles are things whose manufacture, use, holding, supply and sale are considered crime by itself, the court shall any way order their confiscation, even if the said articles are not the property of the convict or if the accused is acquitted by the court.

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.