Chapter 16.1 PROCEDURE FOR CONFISCATION OF INSTRUMENTS BY WHICH CRIMINAL OFFENCE WAS COMMITTED, OF DIRECT OBJECTS OF CRIMINAL OFFENCE AND OF PROPERTY OBTAINED BY CRIMINAL OFFENCE
[RT I, 31.12.2016, 2- entry into force 10.01.2017]
§ 403.10. Contestation of confiscation order
(1) A prosecutor, convicted offender or third party may file an appeal pursuant to the procedure provided for in Chapter 15 of this Code against a confiscation order and an order by which the confiscation request is denied.
(2) A court order made on considering an appeal against a court order may be filed with a higher court.
[RT I 2007, 2, 7 - entry into force 01.02.2007]
Part 1 GENERAL PART
Chapter 7 OTHER SANCTIONS
§ 85. Effect of confiscation
(2) In the case of confiscation, the rights of third persons remain in force. The state shall pay compensation to third persons, except in the cases provided for in subsections 83(3), (32 ) and (4), 831 (2) and 832 (2) of this Code.
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.