Proceeds of crimes

Islamic Republic of Afghanistan

Afghanistan - Law on Extradition and Legal Cooperation 2013 EN

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.

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