Forfeiture of assets - national proceedings

Bosnia and Herzegovina

Bosnia and Herzegovina- Criminal Code 2003 (2018) EN

Chapter 14 Liability of Legal Persons for Criminal Offences

Article 133

Confiscation of Property

(1) The confiscation of property may be imposed for criminal offences for which a punishment of imprisonment for a term of five years or more severe punishment is prescribed.

(2) From a legal person at least half of the property or the major part of the property or the entire property may be confiscated.

(3) In the event of bankruptcy proceedings being brought about as a consequence of the imposed confiscation, the creditors shall be permitted to settle their claims out of the mass of the confiscated bankruptcy assets.

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