Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
SECTION 5 - METHODS OR COMPULSION TO ATTEND
Chapter 4: Seizure of Possessions of an Accused Person who has Absconded 121-122
Article 121


A. If an arrest warrant issued against the accused for the commission of a felony is not executed, the investigating judge and criminal court may issue an order for the seizure of the moveable and immoveable property of the accused. After execution, papers are immediately sent to the Court of Felony, and if supported by the court, the authorities who decided on the detention will issue a statement, published in the local newspapers, on the television and using other methods of publication as appropriate, which states the name of the accused, the offence of which he is accused and the property which has been seized. It will ask him to give himself up to the nearest police station within 3 days. It will also ask that any person with knowledge of the location of the accused inform the nearest police station. If the Court of Felony does not support it, the seizure is cancelled. If the decree of seizure was issued by the Court Felony, it is implemented, and the statement is issued without need for approval from any other authority.


B. If the accused does not give himself up within the period stipulated, the authorities which issued the decree of seizure will deposit moveable assets with the judicial guard for safekeeping and they will be administered under his supervision. The immoveable assets will be handed over to the Office for Confiscated Property to administer, in its capacity as property with an absentee owner. The property will remain confiscated in this way until the death of the accused is proven; he is sentenced or proved guilty or not liable; he is discharged; or the complaint against him is dropped. At that point, the property will be returned to him or whoever is the rightful owner.


C. If the property seized will deteriorate quickly or is expensive to maintain, or if the authorities issuing the decree of seizure decide to sell it, it is sold in accordance with the Law of

Implementation based on a memo sent to the person in charge of implementation.35


D. If the accused gives himself up or is arrested, either the seized property or its value is returned in full.


E. Any person to whom an accused person who has absconded owes money on a legal basis, shall be paid monthly from the seized assets at the same rate as payment was being made before the seizure, by decree of the authorities which issued the decree of seizure.

Book 3: Courts
Section 3: Court Procedure 152-229
Chapter 3: Seizure of Defendant’s Assets 183-186
Article 184


A. The investigative judge and the court may69, based on a request from the Public Prosecution or the appropriate administrative party, order precautionary seizure of assets immediately, if the action on which it is based forms an offence related to the external or internal security of the state or is an offence against the rights or property of the state, including assets considered to be public assets or those connected to public welfare. The precautionary seizure process may be ordered by the competent Judicial Authority directly when necessary even though no such request might have been made.


B. In the circumstances indicated in sub-paragraph A, it is permissible to request seizure of assets before a case has been lodged, when it is lodged, or at any stage of the criminal case, up to the point where a definitive verdict has been given.


C. All moveable and immovable assets of the accused which are legally liable to seizure, are

subject to seizure, whether in his possession and subject to his control or whether possession or control have been transferred to another party. The seizure includes all assets if the rights and damages resulting from the offence are unlimited. If they are, or subsequently become limited, a seizure order or amendment is issued to guarantee that the state recovers only the rights and damages to which it is entitled, no more.


Article 185


A. If the seizure is put in place before the complaint is lodged, the person who requested the seizure must lodge his complaint within 3 months of the decision to make the seizure.


B. The accused whose assets have been seized, the person who holds the seized assets, land the person who claims rights over the seized assets, may challenge the decision of seizure with the judicial authority which issued it, within 8 days from the date of notification of the seizure order or from the date on which they became aware of it.


C. If the party requesting the seizure does not submit the complaint against the person whose assets have been seized within the period specified in sub- paragraph A the seizure order is cancelled and all resulting legal effects are cancelled.


D. If the complaint is submitted within the time limit specified in sub-paragraph A the judicial authorities to whom the criminal case passes may decide to leave the seizure order in place or to amend it or to cancel it, depending on the facts of the case and the case which has been made against the seizure.