CRIMINAL PROCEDURE CODE OF BOSNIA AND HERZEGOVINA
PART THREE – SPECIAL PROCEDURES
CHAPTER XXVIII - PROCEDURE FOR APPLICATION OF SECURITY MEASURES, FORFEITURE OF PROPERTY GAIN AND REVOCATION OF SUSPENDED SENTENCE
Article 391 - Forfeiture of Items
(1) The items that need to be forfeited under the Criminal Code of Bosnia and Herzegovina shall be forfeited also when the criminal proceedings were not completed by a verdict finding the accused guilty, if so required by the interests of general security and ethics, on which A separate decision shall be issued.
The decision referred to in Paragraph 1 of this Article shall be issued by the judge or Panel at the moment when the proceedings are completed or dismissed.
The decision on the forfeiture of items referred to in Paragraph 1 of this Article shall be issued by the judge or Panel if the verdict finding the accused guilty does not include such a decision.
A certified copy of the decision on forfeiture of items shall be delivered to the owner of the items concerned if the owner is known.
The owner of the items may appeal the decision referred to in Paragraphs 1, 2 and 3 of this Article on the ground of the lack of a legal basis for forfeiture of items.
Article 392 - Forfeiture of Property Gain Obtained by Commission of Criminal Offense
The property gain obtained by commission of a criminal offense shall be established in a criminal
procedure ex officio.
The Prosecutor shall be obligated to collect evidence during the procedure and examine the circumstances that are important for the establishment of the property gain obtained by commission of a criminal offense.
If the injured party submitted a claim under property law for repossession of items obtained through a criminal offense, or the amount that is equivalent to the value of such items, the property gain shall be established only in the part that is not included in the claim under property law.
Forfeiture of assets - national procedures for ICC proceedings
Forfeiture of assets - national proceedings
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