1. The Public Prosecution and the competent court, as the case may be, may: a. Assign the accused, the owner, holder, or manager of Funds, or any other person deemed appropriate, to estimate and manage Criminal Funds or Property, or funds of equivalent value, that have been seized, frozen, subject to confiscation, or subject to Asset Recovery pursuant to an international judicial cooperation request, determine the scope of management and disposal powers in accordance with the legislation in force in the State, provided that the person assigned to manage and dispose shall demonstrate competence, integrity, and absence of conflicts of interest, and submit periodic reports on the managed Funds, including their status, expenses, and returns, if any, and if necessary, the mechanism for their disposition. The assignee may be removed where mismanagement or breach of the limits of their powers is established; b. Authorize the disposal or sale of Criminal Funds or Property, or any funds of equivalent value, even prior to the issuance of a judgment, where necessary, such as where there is a risk of deterioration or loss of economic value over time, or where management or safeguarding costs exceed their value upon sale, or where they are subject to total or partial deterioration. The proceeds from such sale shall accrue to the public treasury upon issuance of a final confiscation judgment. 2. Criminal Funds or Property, or funds of equivalent value, shall remain encumbered, within the limits of their value, by any compensation, rights, or obligations lawfully determined in favor of the victim or any bona fide third parties. 3. Subject to the legislation in force in the State, the General Attorney shall form a committee to assess management fees and expenses of Funds, determine its rules of procedures, composition, and conditions for exercising its competences in determining such fees and expenses, when the management is assigned to a third party. The Committee shall also determine the method of payment, either as a lump sum or a percentage not exceeding (10%) ten percent of the value of the managed Funds. For the purposes of exercising its competences, the Committee may seek assistance from experts as it deems appropriate from governmental or non-governmental entities, taking into account the type, value, and complexity of the Funds under management, any return generated, and the efforts exerted in management. The fees and expenses shall be deducted from the managed Funds pursuant to a decision approved by the Attorney General.
Interpretation and application must be checked against the official text and current version.