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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 16 1
PROCEEDINGS OF CONFISCATION OF PROPERTY WHICH WAS OBTAINED BY CRIMINAL OFFENCE

ยง 403 10. Contestation of confiscation ruling

(1) A prosecutor, convicted offender or third party may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against a confiscation ruling and a ruling by which the confiscation request is denied.

(2) A court ruling made in the hearing of an appeal against a court ruling may be filed with a higher court.
[RT I 2007, 2, 7 - entry into force 01.02.2007]

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.