The request for mutual legal assistance in seizure and preservation of properties for confiscation should include the name of the suspect, charges, facts of crime, relevant laws supporting confiscation, properties of which disposal is banned, rights, the name of the owner of the properties/rights, date of issuance, etc. [...] Upon request of the prosecutor based on foreign orders and judgements, the Korean court decides on the execution and then the enfo rcement authorities (Penalty Enforcement Division of Prosecutors ’ Offices) may execute the confiscation request for the asset. [...] will be conveyed to the original owner of the property subject to execution, etc., the victim of the offence or any other person who has a legitimate right; or •Other cases where the request for execution of the final judgment on confiscation/collection, or for preservation of property for the purpose of confiscation/collection may not be made in accordance with Article 64(1) of the Act on Special. [...] The Act on Special Cases concerning the Confiscation and Return of Property Acquired through Corrupt Practices prescribes that if it is the property of the victim of an offence but it is deemed exceedingly difficult for the victim to recover damages because he/she is not able to exercise his/her right against the offender seeking return of the property or compensation for his/her damages on the pr. [...] If the prosecutor keeps the property to be returned to the victim after confiscation/collection, the prosecutor shall notify the victim thereof immediately, a nd the victim shall request the return of the property.
- Pages
- 7
- Published in
- United States of America
