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;
criminal case

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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.