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

Republic of Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 114
(1) Where the injured party has been awarded his claim for damages in criminal proceedings, the court shall order the confiscation of material benefit only insofar as such material benefit exceeds the adjudicated claim of the injured party.
(2) The injured party that has been referred by the criminal court to bringing his claim for damages in a civil action may request to be reimbursed from confiscated material benefit, provided that he brings a civil claim within six months from the date on which the decision directing him to bring a civil action becomes final and under the further condition that he claims reimbursement from the confiscated material benefit within three months from the date on which the decision awarding his claim
becomes final.
(3) An injured party who has not brought a claim for damages in the course of criminal proceedings may request to be reimbursed from confiscated material benefit, provided that he instituted a civil action for the purpose of establishing his claim within three months of the date he learnt of the judgment ordering confiscation of material benefit, but not later than within three years of the date on which the decision ordering confiscation of material benefit becomes final, and provided further that he requests, within three months of the date on which the decision awarding his claim for damages becomes final, to be reimbursed from the confiscated material benefit.

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.