Seizure of assets - national proceedings

Republic of Serbia

Serbia - Criminal Code 2006 (2019) EN

Article 87
The security measure of seizure of objects may be imposed with regard to objects used or intended for use in the commission of a criminal offence, or resulting from the commission of a criminal offence, where there is a danger that such objects may be reused to commit a criminal offence, or where seizure is necessary in the interests of public safety or morality.

The application of this security measure shall not affect the right of third parties to claim compensation for damages arising from the seizure of objects from the offender.

The law may stipulate mandatory seizure of objects and/or their mandatory destruction. The law may also stipulate the requirements for seizure of particular objects in specific cases.

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