Forfeiture of assets - national proceedings

Burkina Faso

Burkina Faso - Constitution 1991 (2015) EN

Title 1 Of the Fundamental Rights and Duties

Chapter 3 Of Economic Rights and Duties

Article 15

The right of property is guaranteed. It may not be exercised contrary to social utility or in a manner which results in prejudice to the security, to liberty, to existence or to the property of others.

It can only be infringed the in case of public necessity declared in the legal forms.

No one will be deprived of their possessions if it is not for [a] cause of public utility and under the condition of a just indemnity established conforming to the law. This indemnity must be prior to the expropriation, except in case of urgency or of force majeure.

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