Enforcement of forfeiture orders

Malawi

Malawi - Penal Code 1930 (2018) EN

30. Forfeiture

When any person is convicted of an offence under any of the following sections, namely, sections 90, 91, 92, 110, 111, 331A and 396, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any property which has passed in connexion with the commission of the offence, or, if such property cannot be forfeited or cannot be found, of such sum as the court shall assess as the value of the property; and any property or sum so forfeited shall be dealt with in such manner as the Minister may direct. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine.

315. Forfeiture

When any person is convicted of an offence under this Chapter the court may order that any dangerous or offensive weapon or instrument of housebreaking carried or used in connexion with any such offence shall be forfeited.


317. Forfeiture of aircraft, vessel or vehicle

(1) Where any person is convicted of an offence, or of an attempt to commit an offence, or of counselling or procuring the commission of an offence, under Chapters XXVI, XXVIII or XXIX or of section 328 and the court by which such person is convicted finds that any aircraft, vessel or vehicle was used or employed by such person in the commission or to facilitate the commission of the offence of which he is convicted, such aircraft, vessel or vehicle shall be forfeited.

384. Forfeiture

When any person is convicted of an offence under this Chapter, or Chapter XXXVI, the court shall order the forfeiture of any forged bank note or currency note or of any counterfeit coin or any stamp, mould, tool, instrument, machine, press, or any coin, bullion or metal, or any article bearing a design in imitation of any currency, bank note or coin used or employed in the commission of any such offence.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.