Section Code: 0031 - 0038

Criminal Code

GENERAL PROVISIONS
TITLE I
PROVISIONS APPLICABLE TO GENERAL OFFENCES

Chapter 3: Punishments and Measures of Safety

Part 1: Punishments

Section 31. Multiple Offenders – Punishment of a Fine

In case the Court shall pass judgment inflicting the punishment of fine on several offenders for the same offence and in the same case, the Court shall inflict the punishment of fine on every individual offender.

Section 32. Use of Property in a Crime

Any property is prescribed by the law that any person makes or processes to be an offence, such property shall be forfeited wholly, irrespective of whether it belongs to the offender and there is the person inflicted with the punishment according to judgment or not.

Section 33. Forfeited Property

For the forfeiture of a property, the Court shall, besides having the power to forfeit under the law as specially provided for that purpose, have the power to forfeit the following properties also, namely:

  • A property used or possessed for use in the commission of an offence by a person; or
  • A property acquired by a person through the commission of an offence.

Unless such property belongs to the other person who does not connive at the commission of the offence.

Section 34. Criminal Property

All properties:

  1. Which have been given under Section 143, Section 144, Section 149, Section 150, Section 167, Section 201 or Section 202; or
  2. Which have been given in order to induce a person to commit an offence, or as a reward to a person for committing an offence, shall be forfeited wholly, unless those properties belong to the other person who does not connive at the commission of the offence.

Section 35. Forfeited Property becomes State Property

The properties forfeited by the Court's judgment shall be vested in the State, the Court may give judgment such properties to be rendered useless, or to be destroyed.

Section 36. Property Determined Not to be Used in a Crime

In case of the Court has already given order for the forfeiture of the properties according to Section 33 or Section 34, if it appears afterwards by the submission of the real owner that he has not connived at the commission of such offence, the Court shall give order for the return of the properties if such properties are still in the possession of the official. But the submission of the real owner shall be made to the Court within one year reckoning from the day of the final judgment.

Section 37. Court Order Seizure

If the person who is ordered by the Court to deliver the forfeited property does not deliver it within the time determined by the Court, the Court shall have the power to give order as follows:

  • To seize such property;
  • To pay its value, or to seize other property of such person to compensate for its value in full; or
  • In case of the Court is of opinion that such person can deliver the property ordered to be delivered, but does not deliver it, or such person can pay its value, but does not pay, the Court shall have the power to confine such person until such person complies with the order, but the period of confinement shall not exceed one year. But, if, afterwards, it appears to the Court itself or by the submission of such person that such person cannot deliver the property or pay its value, the Court may give order to release such person before the expiration of such period.

Section 38. Death of Offender

The punishment shall terminate on the death of the offender.

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