Article Thirty One
Request for Money and Asset Recovery
The Afghan government canrequest recovery of monies and assets [which have been] confiscated by a verdict of a relevant foreign court or canaccept [a similar type of]request from a foreign country.
Article Thirty two
Transfer and Submission of Documents and Evidence by the Court
(1) The Court may, under the following circumstances, make decision aboutthe sending of the requested items to the requesting country of assets, documents and evidencethat have considerable [evidentiary] value and with no possibility of claim of right by a third person:
a. When the assets, evidence and documents are prohibiteditems, or are residues or tools needed to prove the commission of a crime, or are used in commission of a crime.
b. When documents, evidence and assets are the proceeds of a crime or were in possession of the accused during or after the arrest.
(2) The Court canorder, until it [formally] receives a request, freezing and confiscation of assets when necessary, as pernotice of the requesting country. In this case, the freezing and confiscation of assets cannot continue for more than onemonth, except for [when] the requesting country provides the court withsatisfactory reasonsfor an extension of the order [freezing or confiscating the assets].
Article Thirty Three
Transfer of Moveable Assets and the Price of Immoveable Assets
Moveable assets of a citizen of Afghanistan or a foreignerwhich are confiscated based on the verdict of a competent court of a foreign country may be ceded to the requesting country. Immoveable assets are sold through a bidding process and the amount [received from the sale] shall be transferred to the foreign country. Based on an agreement, Afghanistan canbe one of the stakeholders in the monies and assets that are located in Afghanistan and confiscated through a verdict of a foreign court.
Article Thirty Four
Request made by more than one Country for Transfer of Documents, Evidence and Assets
(1) When more than one country requests the transfer of documents and evidence or return of the assets derived from the same crime, the Attorney General’s Office or the High Council of the Supreme Court can accept for consideration the request of the country whose interest or citizens were affected.
(2) When more than one country requests the transfer of documents and evidence or the return of the assets derived from different crimes, the Attorney General’s Office or the High Council of the Supreme Court shall decide to accept the request of the country whose interest and citizens were more severely affected, considering the loss incurred to the victim. If the loss [incurred] is equal in all requesting countries, the request of the country that came first shall prevail.
Article Thirty Five
Temporary Transfer of the Documents and Evidence
The Prosecution Office, before preparing the indictment, and the court, before addressing the case,can make a decision on [any] request for temporary transfer of the documents and evidence.
Article Thirty Six
Postponement of proceedings
(1) When prosecution of a suspect or accused on whom legal cooperation is requested has already started in Afghanistan, the request for legal cooperation may be postponed.
(2) Postponement of request for legal cooperation shall not preclude resubmission of the request by the requesting country.
Article Thirty Seven
Rejection or postponement of returning assets
If the assets to be frozen, seized, or confiscated, are related to a case under [Afghan] prosecution, the court can reject, or can postpone a request to send the items to the requesting country.
Unofficial document
