Criminal Code (Cap. 9), article 23

23. (1) The forfeiture of the corpus delicti, of the instruments used or intended to be used in the commission of any crime, and of anything obtained by such crime, is a consequence of the punishment for the crime as established by law, even though such forfeiture be not expressly stated in the law, unless some person who has not participated in the crime, has a claim to such property. (2) In case of contraventions, such forfeiture shall only take place in cases in which it is expressly stated in the law. (3) In the case of things the manufacture, use, carrying, keeping or sale whereof constitutes an offence, the forfeiture thereof may be ordered by the court even though there has not been a conviction and although such things do not belong to the accused. (4) Notwithstanding the provisions of sub-articles (1) to (3), where the Attorney General communicates to a magistrate a request by a foreign authority for the return of an article obtained by criminal means for purposes of restitution to its rightful owner, the court may after hearing the parties and if it deems it proper so to act after taking into consideration all the circumstances of the case, order that the forfeiture of any such article shall not take place and that the article shall be returned to the requesting foreign authority. Freezing of property of person accused. Cap. 621. Added by: III.2002.9. Amended by: III.2004.69; VII.2010.3. Substituted by: VI.2024.3. Cap. 373.