- a)Goods, vehicles, or other objects when their confiscation or forfeiture (comiso) is decreed by judgment. The donation or delivery shall be ordered by resolution of the Judicial Procurement Office, free of duties and taxes. In both cases, a record shall be drawn up to attest to the transfer, which shall be transcribed to the Comptroller General of the Republic and to the Secretariat of the Court, as well as to the Directorate General of Customs, if the assets are subject to customs requirements. If the assets are vehicles, the respective Registry shall record the transfer in its books upon presentation of the order sent by the judicial authority.
By the same procedures, assets that have not been confiscated or declared forfeited (caídos en comiso) and that are under the authority of the judge or court must also be delivered to those institutions or agencies when more than three months have elapsed since the conclusion of the proceeding without the interested party having taken steps to retrieve them. Once that period has elapsed, the interested party’s right of action to file any claim shall lapse.
The rules established in this subsection shall also apply to assets confiscated or seized (decomisados) within concluded proceedings, in accordance with prior procedural legislation, or when, without confiscation or forfeiture (comiso) having been decreed, they remain under the authority of the judicial authority after the judgment or the provisional or definitive dismissal; b) When the seized items are livestock that are subject to potential forfeiture (comiso), the judge may order judicial deposit or order the sale of those assets at public auction, depending on the circumstances. The starting price for the auction shall be set by expert appraisal, and the proceeds shall be deposited in the respective judicial account, for return in the case of an acquittal, or for distribution among the public institutions indicated herein, in the case of a conviction, in accordance with the clauses contained in this law. In view of the urgency of the case, at the judge’s discretion, it shall suffice to publish the edict in one of the local newspapers; c) If the items are perishable food products, the judge shall order their delivery to the aforementioned institutions, through the Judicial Procurement Office, if their owner does not collect them within twenty-four hours, without prior notice, or when there is a possibility that forfeiture (comiso) may be decreed; ch) (Repealed by Article 2 of Law No. 6442 of May 22, 1980) d) When dealing with goods auctioned at the country's customs offices that were not awarded, as well as merchandise or vehicles declared forfeited (caídos en comiso) by criminal investigation or traffic authorities, the donation or delivery shall be made through the Joint Institute for Social Assistance (Instituto Mixto de Ayuda Social, IMAS), in coordination with the agencies holding those assets in deposit." (Thus reformed this subsection by Article 1, paragraph 91) of Law No. 8373 of August 18, 2003) (Opinion C-268-2007 of August 16, 2007, establishes that: "Subsection d) of Article 1 of Law No. 6106 was tacitly repealed, in part, by numeral 154 of the Traffic Law; therefore, this does not mean, in any way, that the cited subsection has been repealed in its entirety.") e) Furniture, office equipment, and other objects not utilized by autonomous and semi-autonomous institutions.
(Thus reformed the preceding subsection by Article 134, subsection l) of the General Public Procurement Law, No. 9986 of May 27, 2021)