Enforcement of forfeiture orders

Azerbaijan

Azerbaijan - Criminal Code (EN) 1999

General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 9
CONCEPT, PURPOSES OF PUNISHMENT AND KINDS OF PUNISHMENTS

Article 51. Confiscation of property

51.1. Confiscation of property is compulsory gratuitous withdrawal to the property of the state of instruments and means, used by condemned at commitment of a crime, and also a property extracted in criminal way.

51.2. Confiscation of property is appointed only in the cases provided by appropriate articles of the Especial part of the present Code.

51.3 Is excluded by the law of the Azerbaijan Republic from July 2, 2001.

Azerbaijan - Criminal Code 1999 (amend 2018) (EN)

''Section III. About punishment Chapter 9. Concept, purposes of punishment and kinds of punishments Article 52. Forced deportation out of the Republic of Azerbaijan''

52.1.Punishment in the form of forced deportation from the Republic of Azerbaijan is imposed to foreigners and stateless persons sentenced to a punishment of imprisonment for a period of more than one year, and is executed after enduring their primary punishment. Foreigners or stateless persons sentenced to imprisonment for a period of less than one year or to a non-custodial sentence, a sentence of forced deportation from the Republic of Azerbaijan may, be imposed in view of circumstances specified in Article 58.3 of the Code.

52.1-1. Right of entry into the Republic of Azerbaijan of the person against whom a punishment in the form of forcible deportation from the Republic of Azerbaijan is applied shall be limited to cancellation or withdrawal of its convictions.

52.2. Forced exile out of the Republic of Azerbaijan shall not be appointed to persons:

52.2.1. living on territory of the Republic of Azerbaijan five years to the moment
of the introduction of a decision;

52.2.2. married with the citizen of the Republic of Azerbaijan to the moment of
the introduction of a decision;

52.2.3. born in the Republic of Azerbaijan;

52.2.4. one of which parents is the citizen of the Republic of Azerbaijan;

52.2.5. having the status of the refugee or received a political asylum in the
Republic of Azerbaijan;

52.2.6. with dependents as minor child, incapacitated person or disabled person
of group I being a citizen of the Republic of Azerbaijan;

52.2.7. concerning of which there are sufficient bases to believe, that they will be
exposed to tortures or prosecutions in the country to where they will arrive after
exclusion, or forced exile of which is contrary to the interests of national security.

52.3. If the international treaty of the Republic of Azerbaijan establishes regulations other
than those provided for in Articles 52.1-52.2 of this Code, the regulations of the
international treaty shall be implemented. (3, 86)

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.