GENERAL PART
CHAPTER VIII
MEASURES

Section 63
(1) Measures are:
...
e) confiscation;
f) confiscation of property;

GENERAL PART
CHAPTER VIII
MEASURES

Section 63

(4) Confiscation of property and irreversibly rendering electronic information inaccessible may be ordered independently or in addition to a penalty or measure.

GENERAL PART
CHAPTER VIII
MEASURES

Confiscation

Section 72
(1) An object shall be confiscated:
a) which is actually used or intended to be used as an instrument for the commission of a
criminal offense;
b) which is created by way of a criminal act;
c) for which the criminal act was committed, or that was used for the transportation of this
object in connection with the criminal act after the fact;
d) the possession of which is assessed as posing a potential risk to public safety, or is illegal.
(2) Media products, in which a criminal act is realized, shall be confiscated.
(3) In the cases provided for in Paragraphs a) and c) of Subsection (1), confiscation shall not be ordered if the object is not owned by the perpetrator, provided that the owner was unaware of the perpetration of the criminal act, unless confiscation is prescribed mandatory under international legal commitments.
(4) Confiscation shall be ordered, even if:
a) the perpetrator cannot be prosecuted for reason of minority or insanity, or due to other
grounds for exemption from criminal responsibility;
b) the perpetrator had been given a warning;
c) it cannot be executed during the period of special protection specified by the Act on the Special Protection of Borrowed Cultural Goods.
(5) Confiscation of an object shall not be ordered if it falls within the scope of confiscation of property.
(6) Confiscated objects shall devolve upon the State unless otherwise prescribed by law.
(7) No confiscation shall be ordered after the lapse of the statute of limitations for the punishment of the act, or beyond a period of five years.

Section 73
In the cases provided for in Paragraphs a) and c) of Subsection (1) of Section 72, confiscation may be omitted in exceptional cases if it would entail an unreasonable burden to the perpetrator or the owner, disproportionate to the severity of the criminal offense:
a) except if the omission of confiscation is precluded by any international legal obligation;
b) except if the perpetrator committed the criminal offense in the framework of a criminal
organization;
c) with the exception of unlawful drug trafficking, possession of narcotic drugs, aiding in the manufacture or production of narcotic drugs, criminal offenses with materials used for the production or manufacture of narcotic drugs, illegal possession of new psychoactive substances, criminal offenses with performance enhancers, falsification of medicinal products, criminal offenses with toxic substances, criminal offenses with harmful consumer goods, damaging the natural environment, cruelty to animals, poaching fish, poaching game, organization of illegal animal fights, illegal use of any substance with ozone depletion potential, misappropriation of radioactive materials, illegal operation of nuclear installation, illegal possession of explosives and destructive devices, criminal offenses with firearms and ammunition, criminal offenses with weapons prohibited by international convention, criminal offenses with military items and services, criminal offenses with dual-use items or violation of legal liabilities relating to the keeping of dangerous dogs.

Confiscation of Property

Section 74
(1) The following shall be subject to confiscation of property:
a) any financial gain or advantage resulting from criminal activities, obtained by the offender in
the course of or in connection with, a criminal act;
b) any financial gain or advantage obtained by an offender in connection with crimes
committed in the framework of a criminal organization;
c) any financial gain or advantage obtained by an offender in connection with unlawful drug
trafficking, in the course thereof;
d) any financial gain or advantage that was used to replace the financial gain or advantage
obtained by the offender in the course of or in connection with, a criminal act;
e) any property that was supplied or intended to be used to finance the means used for the
commission of a crime, the conditions required therefor or facilitating thereof;
f) any property embodying the subject of financial gain given or promised.
(2) Any financial gain or advantage resulting from criminal activities, obtained by the offender in the course of or in connection with, a criminal act, also if it served the enrichment of another person, shall be confiscated. If such gain or advantage was obtained by an economic operator, this economic operator shall be subject to confiscation of property.
(3) In the event of death of the perpetrator or the person profiteering as specified in Subsection (2), or the economic operator was transformed, the property transferred by succession shall be seized from the successor in title as specified in Subsection (1).
(4) In the absence of proof to the contrary, all assets obtained by the perpetrator:
a) in the framework of a criminal organization, in the case provided for in Paragraph b) of
Subsection (1),
b) in the course of or in connection with drug trafficking, in the case provided for in Paragraph c) of Subsection (1), shall be subject to confiscation.
(5) Confiscation of property may not be ordered:
a) in connection with assets reserved to cover any civil claim awarded during the criminal proceedings;
b) in connection with assets obtained in good faith for consideration;
c) in the case referred to in Paragraphs b) and c) of Subsection (1), if the property is proven to be legitimate.

Section 75
(1) Confiscation of property shall be ordered for a specific sum:
a) if the property is no longer accessible;
b) if the property to be seized subject to confiscation under Subsection (1) of Section 74 cannot
be separated from other assets, or it would impose unreasonable difficulties;
c) in the case referred to in Paragraph b) of Subsection (5) of Section 74.
(2) Confiscation of property shall be ordered, even if:
a) the perpetrator cannot be prosecuted for reason of minority or insanity, or due to other
grounds for exemption from criminal responsibility;
b) the perpetrator had been given a warning;
c) it cannot be executed during the period of special protection specified by the Act on the Special Protection of Borrowed Cultural Goods.
(3) Seized assets shall become the property of the State unless provided for by law to the contrary.

Section 76
For the purposes of this subtitle, any profits, intangible assets, claims of any monetary value and any financial gain or advantage shall be deemed assets.

FREEDOM AND RESPONSIBILITY

XIII. article
(2) Property may be expropriated only exceptionally and in the public interest, in cases and in a manner specified by law, with full, unconditional and immediate compensation.