Criminal Code

Version of section 462.38 from 2004-03-31 to 2017-05-17:

Marginal note:Application for forfeiture
  •  (1) Where an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2) in respect of any property.

  • Marginal note:Order of forfeiture of property

    (2) Subject to sections 462.39 to 462.41, where an application is made to a judge under subsection (1), the judge shall, if the judge is satisfied that

    • (a) any property is, beyond a reasonable doubt, proceeds of crime,

    • (b) proceedings in respect of a designated offence committed in relation to that property were commenced, and

    • (c) the accused charged with the offence referred to in paragraph (b) has died or absconded,

    order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Person deemed absconded

    (3) For the purposes of this section, a person shall be deemed to have absconded in connection with a designated offence if

    • (a) an information has been laid alleging the commission of the offence by the person,

    • (b) a warrant for the arrest of the person or a summons in respect of an organization has been issued in relation to that information, and

    • (c) reasonable attempts to arrest the person pursuant to the warrant or to serve the summons have been unsuccessful during the period of six months commencing on the day the warrant or summons was issued, or, in the case of a person who is not or never was in Canada, the person cannot be brought within that period to the jurisdiction in which the warrant or summons was issued,

    and the person shall be deemed to have so absconded on the last day of that period of six months.

  • R.S., 1985, c. 42 (4th Supp.), s. 2;
  • 1997, c. 18, s. 35;
  • 2001, c. 32, s. 20;
  • 2003, c. 21, s. 7.
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