Crimes and Penalties Law

Article 83 — Article (83)

Book One: General Provisions · Part Two: Complementary Penalties: Article (81)

1. Confiscation is to adjudicate to transfer the ownership of private funds to the State without consideration or compensation. 2. In cases other than where the law requires a judgment of confiscation, the court may, upon issuing a judgment of conviction, adjudicate to confiscate seized objects and funds that have been used or would have been used in the crime, or that have been the subject of the crime or gained therefrom, without prejudice to the rights of bona fide third parties. 3. If the aforesaid objects are among those of which manufacture, use, possession, sale or offer for sale is deemed a crime per se, the court shall adjudicate to confiscate the same in all cases, even if such objects are not owned by the accused. If any of these objects or funds, cannot be seized, or if the court is unable to adjudicate the seizure of the same for being related to bona fide third parties' rights, it shall impose a fine equivalent to their value at the time at which the crime has been committed. 4. The fact that the perpetrator is unknown, his criminal liability is negated, or the penal action is forfeited in a crime does not preclude the court from adjudicating, sua sponte or at the request of the Public Prosecution, as the case may be, to confiscate the seized objects if it is proven that they are related to the crime. 5.The court may, where necessary, seek the assistance of an expert to assess the value of the objects or funds stipulated in Clause (2) of this Article.

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