Exécution des mesures de confiscation sans préjudice des droits des tiers de bonne foi

Lettonie

Latvia - Criminal Procedure Code 2005 (2022) EN

Section 360. Rights of Third Persons
(1) If a criminally acquired property has been found on a third person, such property shall be returned, on the basis of ownership, to the owner or lawful possessor thereof.

(2) If a criminally acquired property has been returned to the owner or lawful possessor thereof, the third person who acquired such property, or pledge, in good faith has the right to submit a claim, in accordance with the procedures laid down in the Civil Procedure Law, regarding compensation for the loss, including against an accused or convicted person.

(2^1) If a criminally acquired property is an immovable property that escheats to the State, it shall be left in the ownership of a third person who acquired such property in good faith and its ownership rights have been corroborated in a public register. The value of such property shall be recovered, in accordance with the procedures laid down in the Civil Procedure Law, for the benefit of the State from the person who has committed a criminal offence.

(3) If a criminally acquired immovable property is confiscated (from a third person), the confiscation itself may not be grounds to request early fulfilment of obligations which are secured with the relevant immovable property or to believe that the abovementioned obligations are being violated.

Section 903. Execution of Rulings of Financial Nature of an International Court

(2) The execution of a fine, or confiscation of criminally acquired property, determined by an international court shall take place in accordance with the procedures provided for in the laws and regulations of Latvia, without harming the bona fide rights of third persons.

(3) The competent authority shall take the measures provided for in this Law in order to regain the value of the income, property, or assets thereof that are to be confiscated on the basis of a decision of an international court. Obtained property or income shall be transferred to the international court.

Statut de Rome

Article 109 Exécution des peines d'amende et de mesures de confiscation

2. Lorsqu'un État Partie n'est pas en mesure de donner effet à l'ordonnance de confiscation, il prend des mesures pour récupérer la valeur du produit, des biens ou des avoirs dont la Cour a ordonné la confiscation, sans préjudice des droits des tiers de bonne foi.