General Part
Chapter IV
Punishment
Section 42. Confiscation of Property
(1) Confiscation of property is the compulsory alienation to State ownership without compensation of the property owned by a convicted person. Confiscation of property may be specified as an additional punishment. Property owned by a convicted person, which he or she has transferred to another natural or legal person, may also be confiscated.
(2) Confiscation of property may be specified only in the cases provided for in the Special Part of this Law.
(3) A court, in determining confiscation of property, shall specifically indicate which property is to be confiscated. A court, in determining confiscation of property for a criminal offence against traffic safety, shall relate it to the vehicle.
(4) The indispensable property of the convicted person or of his or her dependants, which may not be confiscated, is that specified by law.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.