Forfeiture of assets - national proceedings

Slovak Republic

Criminal Procedure Code No. 301/2005 Coll. - Part Five: Legal Relations with Abroad

CHAPTER FIVE
INTERNATIONAL LEGAL ASSISTANCE

Division Four
Some special forms of legal assistance

Section 551
Seizure of property

(1) Under the conditions specified in an international treaty the court may, on the basis of a request by the foreign authority, and upon a motion by the prosecutor, order the provisional seizure of the thing, account, stocks or another property located in the territory of the Slovak Republic and belonging to the person who is being criminally prosecuted against abroad.

(2) The District Court in whose district the property to be seized is located shall have jurisdiction to decide on the motion under paragraph 1.

(3) The District Court shall revoke the provisional seizure on the basis of a motion of the foreign authority which asked for the provisional seizure. The District Court may also revoke the provisional seizure if the foreign state in proper time does not ask for execution of foreign property decision concerning the seized property.

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