Database of Legislation

 Article 33-33a

UNTOC Articles

  • Organized Crime Convention

  • Article 12: Confiscation and seizure
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 33

    1. A penalty of forfeiture may be imposed upon conviction for any criminal offence.

    2. Art. 24 is applicable


    Article 33a

    The following are subject to forfeiture:

    a. objects belonging to the convicted person or objects he can use in whole or in part for his own benefit and obtained entirely or largely by means of the criminal offence;

    b. objects in relation to which the offence was committed;

    c. objects used to commit or prepare the offence;

    d. objects used to obstruct investigation of the serious offence;

    e. objects manufactured or intended for committing the serious offence;

    f. right in rem and rights in personam pertaining to objects specified in a through e

    1. Objects specified in section 1 (a)-(e), where they belong to a person other than the convicted person, can only become subject to forfeiture where:

    a. the person whom they belong had knowledge of the fact that they had been obtained by means of the criminal offence or had knowledge of the purpose or use in connection with the offence, or might have reasonable suspected such provenance, use or purpose;

    b. it has not been possible to ascertain to whom they belong.

    2. Rights as specified in section 1 (f) not belonging to the convicted person, may only be forfeit where the person to whom they belong had knowledge of the fact that the objects to which these rights pertain had been obtained by means of the criminal offence, or had knowledge of the use or purpose in connection with the offence, or might have reasonably suspected such provenance, use or purpose.

    3. The terms “objects” is to be taken to mean all corporeal property and all property rights.

     
     

    Cross-Cutting Issues

    • Investigation Procedure

      • Confiscation and Seizure of

        • • Proceeds of crime derived from offences covered by the Convention
          • Property, equipment or other instrumentalities
      • Measures

        • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime
     

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