Forfeiture of assets

Principality of Liechtenstein

Liechtenstein - Criminal Code 1987 (2021) EN

§ 20b^10
Extended forfeiture
1) Any assets under the control of a criminal organization (§ 278a) or a terrorist group (§ 278b) or provided or collected for the financing of terrorism (§ 278d) shall be subject to forfeiture.
2) If a crime has been committed for the commission of which or by which assets have been obtained, any such assets obtained in a temporal connection with this act shall also be subject to forfeiture if there is reason to believe that they were derived from an unlawful act and if their lawful origin cannot be substantiated.
3) If misdemeanours as defined by § 165, § 278, § 278c and § 304 to § 309 have been committed in a continuous or repeated manner for the commission of which or by which assets have been obtained, any such assets obtained in a temporal connection with these acts shall also be subject to forfeiture if there is reason to believe that they were derived from further misdemeanours of this nature and if their lawful origin cannot be substantiated.
4) § 20 paragraphs 2 to 4 shall apply mutatis mutandis.

Rome Statute

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; and

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.