对冻结和没收问题作了系统的规定,并与《联合国反腐败公约》的多数要求相一致。特别是,没收是适用于犯罪所得和犯罪工具的强制性措施,可因任何刑 事犯罪,包括罪犯由于缺乏刑事责任能力或免除刑事责任而没有被定罪时下令予以没收。如果财产被藏匿或无法另行起获,也可能进行价值没收,并可对窝 赃者进行价值没收。但如果表明财产已被毁坏或被消费,则不允许进行价值没 收。至于旨在“保护财产安全”以便可能进行没收的审前措施,从未用于《联 合国反腐败公约》所涵盖的任何犯罪,也没有针对嫌疑人或法人团体的资产的 任何其他强制措施。
Issues of freezing and confiscation are regulated in a methodical manner, and consistently with most UNCAC requirements. Confiscation, in particular, is a mandatory measure applicable to both proceeds and instruments of crime. It can be ordered for any criminal offence, including when the offender is not convicted as a result of lack of criminal capacity or is exempt from criminal liability. Value confiscation is also possible if property has been hidden or is otherwise inaccessible, and can extend to persons to whom property has been conveyed. Value confiscation is not permitted, however, if it is shown that property has been destroyed or consumed. As to pre-trial measures aimed to “safeguard” property with a view to possible confiscation, they have never been applied for any of the offences covered by UNCAC, nor have there been any other coercive measures directed against the assets of suspected persons or corporate bodies.