Forfeiture of assets - national proceedings


Afghanistan - Criminal Procedure Code 2014 EN

Disqualification of Convict From Possession of Property

Article 244:

(1) If a person based on his/her legally deemed presence, is convicted of a felony, shall be deprived of the right to possess and manage his/her properties and of filing a lawsuit under his/her name. All of his/her rights of possession and obligations shall be considered nullified.

(2) By the request of the prosecutor’s office, the court that has jurisdiction over where the convict’s property is located, can designate a person as guardian for the convict’s property and obligate him/her to provide a guarantee. This person is held liable by the court for all affairs related to the care of the property and accountings. In accordance with the provisions of the law, financial obligations of the convict shall be paid from the convict’s property.

Section 3 Trial

Chapter 10 Preparing the Sentence and Its Announcement

Removal of Disqualification of Possession by the Permission of Court

Article 245:

(1) When necessary, deprivation of losing party from control and possession of property may be temporarily suspended with the court’s permission.

(2) The validity of any commitment made by the convict without the court’s permission is dependent upon the court’s permission.

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