Forfeiture of assets - national proceedings


Chile - Constitution (EN) 1980 (2015)

Chapter 3: Of Constitutional Rights and Duties

Article 19

7. The right to personal freedom and to individual security.

In consequence:

g. The penalty of confiscation of assets shall not be imposed, notwithstanding the seizure [comiso] in the cases established by the laws; but such penalty shall proceed with respect to unlawful associations;

Chapter 3: Of Constitutional Rights and Duties

Article 24

No one can, in any case, be deprived of his property, the assets affected or any of the essential faculties or powers of the domain, but by virtue of a general or special law that authorizes expropriation for public utility or national interest, qualified by the legislator. The expropriated may protest the legality of the expropriation act before the ordinary courts and shall always have the right to be compensated for the patrimonial damage effectively caused, which will be determined by agreement or by a sentence dictated in accordance with the law by the said courts.

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