Enforcement of forfeiture orders

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2018) EN

''CONFISCATION OF PROPERTY AND PROPERTY GAIN AND TAKING AWAY
OBJECTS, 1. Confiscation of property and property gain Grounds for confiscating of property gain,
Article 97''
(3) The property referred to in paragraph (1) of the present Article shall be
confiscated frommembers of the family of the perpetrator to which it has been
transferred when it is evident that they have not paid any compensation
correspondent to it value or from a third party if not proven that for the item or
property they have paid a correspondent compensation

''CONFISCATION OF PROPERTY AND PROPERTY GAIN AND TAKING AWAY
OBJECTS, Confiscation Taking away from a legal entity, Article 100''

2. Seizure of objects, Conditions for seizure of objects, Article 100-a
(1) Nobody may retain or pilfer the objects resulting from committing a crime.
(2) objects that were used of were intended for use in committing a crime shall also
seize regardless of the fact whether they were perpetrator’s or somebody else’s
property, if the interests of the general
safety, of people’s health or if the reasons of the public morale require that a
seizure be made.(3) Seizure of objects used or intended for use in committing a
crime shall be performed, if there
exists a danger that these objects be used again for committing a crime. Objects,
that are somebody
else’s property shall not be seized, if the owner had not known and could not have
known that these
objects were intended or used for committing a crime.
(4) Court shall make a decision for seizure of objects in accordance with the
procedure prescribed
by law and should undertaking criminal proceedings against an perpetrator of
a crime be impossible
because of some factual or legal impediments.
(5) Mere application of such a measure does not prejudice third parties’ rights to
require compensation of damages from a criminal perpetrator.
(6) Under ratified international agreement, confiscated objects can be
returned in property of another country.

''Chapter 9, REHABILITATION, Court rehabilitation, Article 105''

(1) After three years expire from the day the punishment is served, becomes
obsolete or is pardoned, the court may determine that the legal consequences from
the sentence cease, concerning the prohibition of attaining certain rights.
(2) After expiration of two years from the enforcement of the punishment of prohibition to
perform business of a legal entity, the court may decide for casing the prohibition.
(3) After Two years expire from the day of implementation of punishments, of
prohibition of obtaining permits, licences, concession, authorization or another right
determined with a separate law, prohibition to participate in public call procedures,
award of agreement for public procurement and agreements for public and private partnership, prohibition to found new legal entities or prohibition to use subvention and other favorable credits,
the court may decide for them to stop prior to the expiration of the time they
have been pronounced for.
(4) After three years have passed from the day of application of the punishments of
prohibition to perform profession, activity or duty and prohibition for driving a motor vehicle
and temporary exile of a foreign citizen from the country, as well as the punishment
of permanent prohibition to perform activity of the legal entity, the court may decide for them
to stop.
(5) When deciding about rehabilitation, the court shall take into consideration
the behavior of the convicted after the sentence, the circumstance whether he has
indemnified the damages, whether he has returned the property gain, as well as
other circumstances of importance to this decision.
(6) Upon the request from the convicted, the court may determine to erase from
the penal records the sentence to imprisonment: more than three years and up to
five years, within a period of five years; more than five years and up to ten years,
within a period of ten years; more than ten years up to 20 years and within a period of 40 years, up to 20 years from the day the punishment is served, becomes obsolete or is pardoned, if during this time the convicted does not commit a new crime.
When deciding to erase the sentence, the court shall take into consideration the
conduct of the convicted after serving the sentence, the nature of the crime and the other
circumstances which may be of importance for the assessment of the justification
for erasing the sentence.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.