Financial Crime World

Court Issues Precautionary Measures Against Confiscation and Collection of Assets

In a bid to prevent the disposal of assets potentially linked to international crimes, the court has issued precautionary measures against confiscation and collection.

Preventing Disposal of Assets Linked to International Crimes

Under Article 44 of Japan’s Act on Cooperation with the International Criminal Court, when a request for cooperation is made by the International Criminal Court (ICC), the court may issue a protective order in anticipation of confiscation to prohibit the disposition of property linked to the case. The order can be issued even before the hearing at the ICC.

Applicability

The provision applies mutatis mutandis to Article 22 and 23 of Japan’s Organized Crime Punishment Act, with certain terms replaced. For instance:

  • “Defendant” is replaced with “person who would be subject to the judicial decision of forfeiture or judicial decision for a reparations order.”

Protective Order in Anticipation of Collection

If the court finds that the case does not fall under any of the items listed in Article 38, it will issue an protective order in anticipation of collection to prohibit the person from disposing of their property.

Precautionary Measures Against Collection

The court has also issued precautionary measures against collection, known as a protective order in anticipation of collection. This order prohibits the person who would be subject to the judicial decision for a reparations order from disposing of their property.

Purpose

These measures aim to prevent the disposal of assets that could potentially be used to fund further crimes or evade justice. The court’s actions demonstrate its commitment to international cooperation and the pursuit of justice in cases involving serious crimes.

Relevant Provisions

The provisions of:

  • Chapter III
  • Chapter IV (excluding certain articles)
  • Articles 69-72 of the Organized Crime Punishment Act
  • Code of Criminal Procedure
  • Laws and regulations on costs of criminal procedure
  • Act on Emergency Measures in Criminal Procedure to Confiscate Items Owned by Third Parties

will apply mutatis mutandis to these measures.

Additional Adjustments

The Cabinet may also issue necessary orders for the adjustment of procedures related to delinquency.