''Part I, Chapter 5 Penalties''
Article 52
Confiscation of Assets
Confiscation of assets is the confiscation by the State of all or part of an
offender’s property, except property used to commit the offences or constituting crime
proceeds, without any compensation by focusing only on the most serious crimes as
prescribed in the Penal Law.
In the event of the confiscation of all of the offender’s property, exception shall be
made for assets that are indispensable for the livelihood of the offender and his/her
family, such as the permanent dwelling of the sentenced person, animals for those
working as farmers, objects necessary for the daily life of the sentenced person and of
any persons under the custody of the sentenced person. In the event that partial
confiscation of property is imposed, the court shall draw up a clear list of assets to be
confiscated.
The property belonging to the State cannot be forfeited and must be returned to
the relevant agencies.
Article 53
Confiscation of Objects (Items)
Confiscation of items is the confiscation of items used to commit an offence or for
which the offence is committed or crime proceeds obtained from an intentional offence to
become state property.
Confiscation of items connected to the offence may be imposed for major
offences and crimes.
Items belonging to other individuals used to commit the offence shall be
confiscated by the State when the owner of the items gave them to the offender in bad
faith or if the confiscation of those assets is deemed necessary for the safeguard of the
society.
Items belonging to the State shall not be confiscated but shall be returned to the
relevant organization.
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.