'Seizure of assets - national procedures for ICC proceedings' in document 'Switzerland: Law on Cooperation with the ICC'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV: OTHER FORMS OF COOPERATION
SECTION I: CONDITIONS

Art. 30 Forms of cooperation

Cooperation according to this chapter may include any procedural acts not prohibited by Swiss law that facilitate the investigation and prosecution of crimes within the jurisdiction of the Court or that serve to produce the proceeds of such crimes, in particular:
j. the identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture.

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT

SECTION II: DETENTION PENDING SURRENDER AND SEIZURE

Art. 18 Search, arrest and seizure

3 Upon arrest, objects and assets shall be seized that may serve as evidence in proceedings before the Court or that derive from the criminal act.

CHAPTER III: SURRENDER OF PERSONS BEING PROSECUTED AND OF PERSONS CONVICTED BY THE COURT

SECTION III: DECISION TO SURRENDER

Art. 24 Authorization of surrender

1 The Central Authority shall authorize the surrender of the person being prosecuted and the transmission of the seized objects and assets.

RELEVANT ROME STATUTE PROVISIONS

Article 93
Other forms of cooperation
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties