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5. General
principles of the Court
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Article 30-Forfeit of
property |
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| 30.1 |
Forfeit of property |
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Consistent with the operation of this code, the Civil Code and Criminal Code, there exists certain circumstances and conditions by which property may be temporarily or permanently forfeited. |
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| 30.2 |
Case of Unlawful possession of property |
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In any case of unlawful possession of property, any and all property of the accused believed to be unlawfully gained shall be immediately seized and impounded pending the outcome of the case. |
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Upon acquital, such property must be lawfully returned to the person within forty (40) days, and/or appropriate financial compensation for the market value of any items not returned in the condition prior to their seizure. |
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Upon conviction, such property shall be returned to any rightful owner(s) with any remaining property sold with the proceeds deposited into the Victims of Crime Fund. |
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| 30.3 |
Case of contrand |
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In any case of contraband and/or illegal property possession, such property shall be immediately seized and impounded pending the outcome of the case. |
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Upon the completion of the case, such illegal property shall either be destroyed, or held over for ongoing law enforcement investigation work under strict supervision. |
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| 30.4 |
Case of proceeds of crime |
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In any case relating in part to possession of the alleged profits of crime,all such property of the accused and any other property direct or indirect relationships of the accused also suspected of holding such property shall immediately be placed under a court order preventing its removal, sale, alteration and/or destruction pending the outcome of the case. |
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Upon acquital, the court order freezing the movement/use of such property such property must be lawfully withdrawn within forty (40) days. |
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Upon conviction, such property shall be immediately seized and sold, with the proceeds deposited into the Victims of Crime Fund. |
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| 30.5 |
Case of property involved in a crime |
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In any case where property has been involved in the commission and/or association of a crime, such property shall be held as evidence pending the outcome of the case. |
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Upon acquital, such property must be lawfully returned to the person within forty (40) days, and/or appropriate financial compensation for the market value of any items not returned in the condition prior to their seizure. |
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Upon conviction, such property shall be returned to any rightful owner(s) unless the owner is the convicted person with any remaining property sold with the proceeds deposited into the Victims of Crime Fund. |
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