Spans in 'Timor-Leste - 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 'Timor-Leste - Criminal Code'

Jump to:

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 'Timor-Leste - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE IV
LEGAL CONSEQUENCES OF CRIME

CHAPTER IX
OTHER CONSEQUENCES OF CRIME

Article 102. Forfeiture of objects of the crime

1. Objects that were used or destined to be used in the commission of a crime, or were results from the same, shall be forfeited to the State, whenever, due to their nature or the circumstances surrounding the case, the same may endanger the security of persons or public order, or pose serious risk of being used in the commission of further crimes.

2. Rights shall be safeguarded regarding objects belonging to any victim or third party, who has not participated in their use or production nor taken advantage thereof.

3. The court shall determine the disposal of objects declared forfeited whenever not specified in law, and may order the partial or complete destruction thereof or to remove them from circulation.

4. Provisions in subarticle 102.1 shall apply even when no specific person can be punished for the crime.

Article 103. Forfeiture of benefits

1. All items, rights or benefits directly or indirectly acquired as a result of the commission of a crime shall be declared forfeited to the State, without prejudice to the rights of any victim or third parties acting in good faith.

2. If said items, rights or benefits cannot be appropriated in kind, their forfeiture shall be compensated through payment of their respective value to the State.

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.