The Seized or Confiscated Assets Management Department

Role

The Seized or Confiscated Assets Management Department (SGA) was established per Act no. 1.535 of 9 December 2022 pertaining to the seizure and confiscation of the instruments and proceeds of crime. The legislative provisions have been supplemented by Sovereign Ordinance no. 10.245 of 7 December 2023 .

The SGA is under the authority of the Secretary of Justice.

The SGA is responsible, by judicial order, for:

1. The management of all entrusted assets requiring asset maintenance through administrative action, regardless of their nature, whether seized, confiscated or subject to a protective order during criminal proceedings. The SGA must also ensure, to the greatest possible extent, asset valorisation through administrative action, including in the case of highly volatile assets, for which future variance cannot be determined with certainty 
2. Centralised management of all sums seized during criminal proceedings 
3. The disposal or, in the case of movable assets only, the destruction of seized assets for which it has been entrusted to manage pursuant to paragraph 1, under the provisions of articles 81-7-3 , 268-12  to 268-14  of the Code of Criminal Procedure, and of confiscated movable or immovable assets ordered by the judicial authority 
4. Centralised, computerised management of data relating to all seized and confiscated property, regardless of its nature, and which does not constitute incriminating evidence 
5. To provide any advice deemed necessary by the authorities and, where appropriate, operational assistance, upon request from the Public Prosecutor or the Examining Judge 
6. The organisation of information and training initiatives designed to raise awareness of its remit and to promote best practices for carrying out seizures and confiscations in criminal matters

Furthermore, the SGA may manage and dispose of or destroy seized or confiscated assets in compliance with requests for mutual assistance or cooperation from foreign judicial authorities.

Upon request of the Secretary of Justice, the SGA shall distribute the proceeds of sale from seized or confiscated assets in compliance with any request for mutual assistance or cooperation from a foreign judicial authority.

Finally, the SGA may prioritise payment from the funds or the liquidation proceeds of the convicted person's confiscated assets to any person who has lodged a civil claim against them and who has been awarded damages for the harm they have suffered as a result of a criminal offence and who has not received full compensation or other forms of reparation.

Organisation and operation

The Seized or Confiscated Assets Management Department is led by a judge from the Monegasque judicial system and is assisted by a deputy.

The internal organisation of the Seized or Confiscated Assets Management Department is defined in Decree no. 2024-04 of the State Secretary for Justice - Secretary of Justice of 15 January 2024 . The department comprises a secretariat, an operational division and a legal division.

The SGA oversees the preparation, administration and monitoring of the undertakings of the Information Committee concerned with the management of seized or confiscated assets.

This committee is chaired by the Secretary of Justice and comprises :

• The Minister of Finance and Economy or their representatives
• The Public Prosecutor or their representatives
• The Examining Judge appointed by the President of the Court of First Instance
• The Director of the Seized or Confiscated Assets Management Department and/or their deputy

The committee's remit covers:

• Reviewing the SGA’s general programme of activities and outlining future expectations
• Raising matters relating to the SGA’s management duties
• Raising matters relating to the general conditions of recruitment and employment of the SGA’s staff, in particular, civil servants and contract staff from the Ministry of Interior and the Ministry of Finance and Economy

The SGA produces an annual report of its activities, including a statistical report and observations and recommendations for improving the law and practices relating to seizures and confiscations.

Founding legislation

Act no. 1.535 of 9 December 2022 pertaining to the seizure and confiscation of the instruments and proceeds of crime
Sovereign Ordinance no. 10.245 of 7 December 2023 implementing Chapter II of Act no. 1.535 of 9 December 2022 pertaining to the seizure and confiscation of the instruments and proceeds of crime  
Decree no. 2024-04 of the State Secretary for Justice - Secretary of Justice of 15 January 2024 on the internal organisation of the Seized or Confiscated Assets Management Department