Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders

Republic of Serbia

Serbia - Criminal Code 2006 (2019) EN

Article 93

If, in criminal proceedings, a property claim of the aggrieved party is accepted, the court shall order seizure of material gain only if it exceeds the amount of the property claim.

In cases referred to above, the aggrieved party must, within three months from the date the decision accepting his or her property claim becomes final, request to be compensated from the seized material gain.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

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.