Seizure of assets - national proceedings

Republic of The Marshall Islands

Marshall Islands - Rules of Criminal Procedure 2005 (2021) EN

Rule 32.2. Seized Property

(a) Retention. Any property seized in connection with an alleged offense must be retained pending trial in accordance with the orders of the court. Such property must be produced in court, if practicable. If the property is perishable, the court may order that it be sold and the proceeds held until the disposition of the case.

(b) Disposition. At the termination of the trial the court may order that the property, or the funds resulting from the sale of the property, be restored to the owner or may make such other proper order as may be required that shall be incorporated in the record of the case.

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