Base de données sur la législation

 Article 33-33a

UNTOC articles

  • Convention contre la criminalité organisée

  • Article 12: Confiscation et saisie
  • Protocole relatif à la traite des personnes

  • Protocole relatif au trafic illicite de migrants

  • Protocole relatif aux armes à feu

     

    Texte original

    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.

     
     

    Questions transversales

    • Procédure d’enquête

      • La confiscation et la saisie de

        • • Produit du crime provenant d’infractions visées par la Convention
          • Biens, matériels ou autres instruments
      • Mesures

        • • Identification, localisation, gel ou saisie du produit du crime ou des instruments utilisés ou destinés à être utilisés pour les infractions
     

    Pièces jointes/annexes