Chapter 6 Other forms of Cooperation

Article 42

Confiscation of objects or items holding material value

1. Objects or items holding material value confiscated for securing of evidence may be transferred to the International Court at the latter’s request for the purpose of confiscation, handing in to the Trust Fund established under Article 79 of the Statute or reparation.

2. Objects or items referred to in this Article may be as follows:

a. Instrumentalities of crimes; objects of a criminal conduct.

b. Proceeds of crime, such as money or value obtained, revenue or profits.

c.gift or money that served or was used for commission of a crime and/or was awarded for the commission of a crime;

3. Objects or items holding material value shall be seized and freezed until they are transferred to the International Court or the Responsible Agency notifies the International Court on its refusal to transfer them.

4. Objects or items holding material value shall not be transferred to the International Court if:

a. The victim resides in Georgia and the objects or items holding material value shall be returned to him;

b. Third party has legitimate right over objects or items holding material value;

c. a person who did not participate in the commission of the crime proves that he has acquired the property right over the objects or items holding material value or asset in Georgia or abroad in a bona fide manner and that he resides in Georgia;

d. Objects or items holding material value are necessary for ongoing proceedings or they are subject to expropriation in Georgia.

5. If a person uses his right under paragraph 4 of this Article, the transfer to the International Court of the property or asset shall be postponed until the legal status of the objects or items, holding material value is determined.