Section 73
of Criminal Asset Recovery Order, 2012
Section 73
Where the High Court is satisfied that a confiscation order should be made in respect of the property of a person convicted of a serious offence but the property or any part thereof or interest cannot be made subject to such an order because –
(a)
it cannot, with due diligence be located or identified;
(b)
it has been transferred to a third party in circumstances which do not give rise to a reasonable inference that the title or interest was transferred for the purpose of avoiding the confiscation of the property;
(c)
it is located outside Brunei Darussalam;
(d)
has been substantially diminished in value or rendered worthless;
(e)
it cannot be separated from other property with which it has been mingled; or
(f)
has been transferred to a bona fide third party purchaser for fair value without notice, the High Court may, instead of ordering the property or part thereof or interest therein to be confiscated, order the person to pay to the Government an amount equal to the value of the property, part or interest.
Application of procedure for enforcing fines.