Forfeiture of assets - national proceedings

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

Division 2 Punishments
Sub-Division 5 Imposition and Execution of Individual Penalties

Section 66 Confiscation of Property
(1) The court may, with regard to circumstances of a case and relations of an offender, impose a sentence of confiscation of property, if it sentences an offender to an exceptional sentence of imprisonment or for an especially serious felony by which has the offender gained or tried to gain for him/herself a proprietary benefit.
(2) Without the conditions of Sub-section (1) may the court impose a sentence of confiscation of property only in the event that the Criminal Code allows imposing this sentence for a specific criminal offence; as a single penalty may a confiscation of property be imposed if with regard to the nature and gravity of the committed criminal offence and to the character and circumstances of the offender is imposition of another penalty not necessary.
(3) Confiscation of property affects the whole property of an offender or a portion thereof designated by the court; however confiscation does not apply to means and things necessary for satisfaction of necessities of life of the convict and persons, whose support or upbringing is the convict legally obliged to provide.
(4) A sentence of confiscation of property terminates community marital property.
(5) Confiscated property shall devolve to the state.

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