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.