Enforcement of forfeiture orders

Mongolia

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT

Article 49. Confiscation of Property

49.1. Confiscation of property represents a forced free-of-charge withdrawal of the culprit's share property for the benefit of the state in the instances specified in the Special Part of this Code.

49.2. Seizure of items created by way of crime, arms and means used for committing it, or income gained by way of crime and other things incidental thereto shall be mandatory in addition to the confiscation of property.

49.3. When imposing confiscation of property the court shall specify in the judgment what items and property are being confiscated.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

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.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.