Section 36
To Freeze Or Confiscate Property
(1) If a foreign state has made a request to freeze or confiscate any property situated in Nepal pursuant to Section
23, the Court must order the concerned body to freeze or confiscate the property in accordance with the laws of Nepal in force.
(2) Notwithstanding anything contained in sub-section (1), if the Court is satisfied that the concerned person whose property is subject to the order of confiscation in relation to the offence has already paid the amount payable by him or her or that in the event of inability to pay such amount, that person has already served the sentence of imprisonment equal to that amount, the Court shall not make order to confiscate the property.
Provided that if the property involves the proceeds of crime or instruments of crime, such property must be confiscated.
(3) If the value of the property liable to confiscation is indicated in a currency other than the Nepalese currency, that value shall be converted into the Nepalese currency on the basis of the foreign exchange rate as determined by the Nepal Rastra Bank on the day of filing of application in the Court pursuant to Section 29, for the purpose of determining the amount in controversy pursuant to this Act.
23, the Court must order the concerned body to freeze or confiscate the property in accordance with the laws of Nepal in force.
(2) Notwithstanding anything contained in sub-section (1), if the Court is satisfied that the concerned person whose property is subject to the order of confiscation in relation to the offence has already paid the amount payable by him or her or that in the event of inability to pay such amount, that person has already served the sentence of imprisonment equal to that amount, the Court shall not make order to confiscate the property.
Provided that if the property involves the proceeds of crime or instruments of crime, such property must be confiscated.
(3) If the value of the property liable to confiscation is indicated in a currency other than the Nepalese currency, that value shall be converted into the Nepalese currency on the basis of the foreign exchange rate as determined by the Nepal Rastra Bank on the day of filing of application in the Court pursuant to Section 29, for the purpose of determining the amount in controversy pursuant to this Act.