Section 75
of Criminal Asset Recovery Order, 2012
Section 75
(1)
Subject to this section, where the Public Prosecutor applies to the High Court for a benefit recovery order against a person in respect of that person’s conviction for a serious offence under section 60 the High Court shall, if it is satisfied that the person has benefited from that offence, order him to pay to the Government an amount equal to the value of his benefit from the offence or such lesser amount as the High Court determines in accordance with section 78(2).
(2)
The High Court shall assess the value of the benefits derived by a person from the commission of an offence in accordance with sections 76, 77, 78, and 79.
(3)
The High Court shall not make a benefit recovery order under this section until the period allowed by the Criminal Procedure Code (Chapter 7) for the lodging of an appeal against conviction has expired or an appeal against conviction has been is finally determined, whichever is the later date.
Rules of determining benefit and assessing value.