Forfeiture of assets - national proceedings

Libya

Libya - Criminal Code 1953 EN

Article 163
The Imperative of Confiscation

The imperative of confiscation shall always affect:

1) the things acquired or earned from the crime for which there was a conviction or judicial pardon, should the owner be involved in the crime.
2) the things manufactured, used, carried, held or disposed of during the commitment of the crime, even in the absence of a conviction.

Article 164
The Possibility of Confiscation

In the event of a conviction or judicial pardon, it is possible to confiscate the following:

1) the things used or designed for the commission of the crime.
2) the things manufactured, used, carried, held or disposed of during the crime, in the absence of a permit for them issued by the administrative authorities.

The previous provisions shall not apply should the owner not be involved in the crime.

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