Enforcement of forfeiture orders

Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION III. Sentence

CHAPTER 9. Concept, Purposes and Types of Sentences

Article 57. Confiscation of Property

(1) Confiscation of property means final, uncompensated taking by the State of all or part of the belongings which are the property of the offender.

(2) Confiscation of property is prescribed for felonies or especially grievous crimes committed with mercenary motives , and it may be imposed by a Court only in cases provided for by corresponding articles of the Special Part of the Code.

(3) Belongings being necessary for the convict and his dependents are not subject to confiscation according to the list specified by the criminal executive Code of the Republic Tajikistan.

Criminal Executive Code of the Republic of Tajikistan

GENERAL PART

Section I. Principal provisions of the criminal executive legislation of the Republic of Tajikistan

Chapter 3. Institutions and bodies in charge of execution of a sentence and control over their activities

Article 23. Institutions and bodies in charge of execution of a sentence

1. Penalties of fine and confiscation of property shall be executed by the court, which passed the sentence, as well as by a court at the location place of property, employment and residence places of the convicted person.

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.