Section 2 Criminal Case

Chapter 8 Inspection and Search

Recording Crime Detection Facts Supporting Objects in the Registry:

Article 128:

(1) During inspection of a residence, residential building or search of a person, police, National Directorate of Security officer, and prosecutor may seize weapons, commodities, documents and other things which have been used in committing the crime or which have been obtained as result of the crime, or have been provided with the intention of committing the crime.

(2) The items set forth in paragraph (1) of this article are brought to the attention of the suspect or the accused person and their opinions shall be taken regarding the matter, the incident is recorded in the registry and a signature and fingerprint of the suspect or the accused person shall be obtained. In case they refuse to sign or apply their fingerprint, it shall be recorded in the registry and certification of a resident of the residence or a neighbor shall be taken.

(3) If the items set forth in paragraph (1) of this article were confiscated from another person, after being brought to the attention of the suspect or the accused person and his/her opinions were obtained, it shall be recorded in the registry in accordance with the provisions of this law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Description and Sealing Confiscated Documents

Article 129:

(1) Police and in-charge officer of the National Directorate of Security are obligated to describe the confiscated documents and items and place them in a closed box which shall be ribbon bound, sealed and stamped. The date of seizure of the items shall be written on the ribbon and the process shall be recorded in the registry.

(2) Description of the confiscated documents and items are written in 3 copies. The first copy is put in the box, the second is given to the owner whom the items are confiscated from, and the third copy is attached to the relevant documents.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Seal and Stamp Protection

Article 130:

The seal and stamp, completed in accordance with article 129 of this law, may not be opened, unless by the permission of the prosecutor and in presence of the suspect or the accused person and the person whom the documents and items are confiscated from or their legal representatives.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Forbidding the Confiscation of Items and Documents

Article 131:

The prosecutor cannot confiscate documents that the accused person or the suspect intends to submit to an expert for examination, or the correspondences that occur between the suspect or the accused and his/her defense attorney, unless stipulated otherwise in the law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Issuing Order Regarding Confiscated Items

Article 132:

The prosecutor shall check the confiscated documents and items in the presence of the suspect or the accused or the person whom the items are confiscated from and if presentation of the items are needed and relevant in the trial process and they are subject to confiscation, the prosecutor may issue an order to retain and attach them to the file or otherwise the prosecutor may issue an order for the items to be delivered to their owner or sender.

Section 2 Criminal Code

Chapter 8 Inspection and Search

Returning a Copy of the Documents to the Owner

Article 133:

In case the person from whom the documents were confiscated needs the documents, an approved copy of the documents is returned to him/her at the applicant’s expense, provided that it shall not interfere with the investigation.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Forbiddance to Disclose Information

Article 134:

(1) Police, National Directorate of Security officer, and prosecutor are obligated to avoid disclosure of the contents of documents and information obtained while discharging their duty.

(2) During inspection or other prosecution processes, anyone who learns of the contents of the documents and items and discloses that information to someone else other than relevant justice and judicial authorities or somehow abuses them, shall be punished in accordance with the provisions of the law.

Section 2 Criminal Case

Chapter 8 Inspection and Search

Forbiddance of Confiscation of Items and Documents

Article 135:

(1) Police, National Directorate of Security officer and prosecutors, during inspection, may not confiscate documents and items that have no relation to the criminal case.

(2) After the items and documents related to the crime are confiscated during the inspection, the police, National Directorate of Security officer and prosecutor are obligated to end the inspection.

(3) Violations of the provisions set forth in paragraphs (1) and (2) of this article are considered an abuse of authority and the offender shall be punished in accordance with the provisions of the law.

Section 2 Criminal Case

Chapter 9

Measures Relating to Seized Items

The Order on the Return of Confiscated Items

Article 138:

The prosecutor’s office or court may order the return of items confiscated during the detection and investigation with or without the request of the owner, even prior to issuing of verdict, on the condition that the mentioned items are not related to the case proceedings and they are not the items which based on law are not to be confiscated.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Ownership Dispute

Article 139:

In the event of a dispute pertaining to the confiscated items, the prosecutor cannot order their return. In this case, the issue is referred to a competent court for resolution.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Request for the Return of Confiscated Items

Article 140:

The claimant can request that the prosecutor’s office return the confiscated items which are his/her property. In case his/her request is rejected by the prosecutor’s office, he/she can present his/her reasons and complaints to the competent court.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Returning Confiscated Items

Article 141:

(1) Confiscated items are returned to the person from whom they were seized. If the confiscated items are the subject of the crime or instruments used to commit the crime, they are returned to the person who lost their possessions due to the event of the crime, provided that in accordance with the law he/she has the right to keep them.

(2) An order for the return of the confiscated items shall not preclude the contesting parties from bringing the case before a civil court. If the order is issued based on a request made by one side in the presence of the opposing party and the items were returned to him/her, the opposing party cannot raise a claim.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Confiscated Items and Dropping a Case

Article 142:

Should a ruling be issued dismissing a case, the competent authority is obligated to resolve the question of possession of the confiscated goods.

Section 2 Criminal Case

Chapter 9 Measures Relating to Seized Items

Time Period for Demanding the Return of Confiscated Items
Article 143:

Should the contesting parties fail to demand the return of the confiscated goods within 3 years from the termination of the case, the goods shall become State property without the issuance of an order.

Perishable Items

Article 144:

If a confiscated item is an item that depreciates over time or its maintenance requires expenses equivalent to its price, it shall be authorized to be sold through auction by the permission of the competent court and the money earned from them deposited in a safe account in the bank. In this case, the owner can request the amount, which was acquired through the sale of the item within 3 years of the claim’s conclusion.

Chapter 2 Extradition

Article Thirteen

Taking proper measure as per the request

(3) The High Council of the Supreme Court may, upon request by the Attorney General’s Office, issue an order to search the location where the arrest took place, other suspected places, and/or seize or freeze money recovered from the arrestee either during the arrest or as detected later.

Article Twenty One

Returning the money and assets

(1) If an accused is handed over to a foreign country, the money and assets [which were] derived from commission of crime(s) inside Afghanistan will also be given to the same country, as per provisions of this and other laws complying with rights of third person(s).

(2) If the extradition of an accused to a foreign country does not take place despite an effective agreement or convention, the proceeds of the crime [related to the extradition request] shall still be ceded to the requesting country.

(3) Money and assets that are inside Afghan territory, and are therefore subject to seizure/confiscation, may be temporarily held by the Afghan government or may be delivered to the country to which the accused is extradited.

(4) When the laws of land or rights of a third person require that money and assets [seized pursuant to this law] be returned to the Afghan government, the foreign country shall, after [a formal] request from the Afghan government and completed the criminal proceedings, return the money and assets bearing all expenses of the delivery.