Idaho Code 18-5630 – Forfeiture of Substitute Property
Current as of: 2023 | Check for updates
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If any of the property described in section 18-5612, Idaho Code, as a result of any act or omission of the defendant:
(1) Cannot be located upon the exercise of due diligence;
Terms Used In Idaho Code 18-5630
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Idaho Code 73-114
(2) Has been transferred or sold to, or deposited with, a third party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value; or
(5) Has been commingled with other property that cannot be divided without difficulty;
the court shall order the forfeiture of any other property of the defendant up to the value of any property described in section 18-5612, Idaho Code.