Chapter 2 Extradition

Article Thirteen

Taking proper measure as per the request

(3) The High Council of the Supreme Court may, upon request by the Attorney General’s Office, issue an order to search the location where the arrest took place, other suspected places, and/or seize or freeze money recovered from the arrestee either during the arrest or as detected later.

Article Twenty One

Returning the money and assets

(1) If an accused is handed over to a foreign country, the money and assets [which were] derived from commission of crime(s) inside Afghanistan will also be given to the same country, as per provisions of this and other laws complying with rights of third person(s).

(2) If the extradition of an accused to a foreign country does not take place despite an effective agreement or convention, the proceeds of the crime [related to the extradition request] shall still be ceded to the requesting country.

(3) Money and assets that are inside Afghan territory, and are therefore subject to seizure/confiscation, may be temporarily held by the Afghan government or may be delivered to the country to which the accused is extradited.

(4) When the laws of land or rights of a third person require that money and assets [seized pursuant to this law] be returned to the Afghan government, the foreign country shall, after [a formal] request from the Afghan government and completed the criminal proceedings, return the money and assets bearing all expenses of the delivery.