GENERAL PART

TITLE SEVEN
CONFISCATION OF PECUNIARY GAIN

Requirements for Confiscation of Pecuniary Gain
Article 113

(1) Money, property of value and any other pecuniary gain originating from a criminal offence shall be confiscated from the perpetrator, and where such confiscation is not possible, the perpetrator shall pay the equivalent amount in money.

(2) Also liable to confiscation from the perpetrator shall be pecuniary gain for which there is reasonable suspicion to believe that it originates from criminal activity unless the perpetrator makes it probable to believe that its origin is legitimate (extended confiscation).

(3) The confiscation of pecuniary gain referred to in para. 2 above may apply if the perpetrator has been convicted under a final judgment of any of the following :
1) any of the criminal offences committed through a criminal organization
(Art.401a) ;
2) any of the following criminal offences :
- crime against humanity and other values protected under international law and committed out of greed ;
- money laundering ;
- unauthorized production, possession and distribution of narcotics ;
- criminal offences against payment operations and economic activity and criminal offences against official duty, which were committed out of greed, and which carry eight year prison term or a more severe punishment.

(4) Pecuniary gain shall be liable to confiscation if it was obtained in the period before and/or after the commission of any of the criminal offences under para. 3 hereof until the finality of judgment, and if the court establishes that the time when the pecuniary gain was obtained and other circumstances of the case in question justify the confiscation of the pecuniary gain.

(5) Also liable to confiscation shall be pecuniary gain originating from a criminal offence where it has been transferred to other persons free of charge or where such persons knew, could have known, or were obliged to know that the pecuniary gain originated from a criminal offence.

(6) Where pecuniary gain was obtained for another person, such gain shall also be liable to confiscation.

Protection of Injured Party
Article 114

(1) Where the injured party has been awarded his claim for damages in criminal proceedings, the court shall order the confiscation of pecuniary gain only insofar as such pecuniary gain exceeds the adjudicated claim of the injured party.

(2) The injured party which has been referred by the criminal court to bringing his claim for damages in a civil action may request to be reimbursed from confiscated pecuniary gain, provided that he brings a civil claim within six months from the final decision directing him to bring a civil action and under the further condition that he claims reimbursement from the confiscated pecuniary gain within three months from the final decision awarding his claim.

(3) Any injured party who has not brought his claim for damages in the course of the criminal proceedings may request to be reimbursed from confiscated pecuniary gain provided that he instituted a civil action for the purpose of establishing his claim within three months of the date he learnt of the judgment ordering confiscation of pecuniary gain, but not later than within three years of the date of final decision ordering confiscation of pecuniary gain and provided further that he requests, within three months of the date of decision awarding his claim for damages, to be reimbursed from the confiscated pecuniary gain.

GENERAL PART

TITLE SEVEN
CONFISCATION OF PECUNIARY GAIN

Article 112

(1) No person may retain pecuniary gains originating from an unlawful act which is established by law as a criminal offence.

(2) The pecuniary gain referred to in para. 1 above shall be liable to confiscation under the conditions laid down by the present Code and a court decision.

Part One
GENERAL PROVISIONS

Chapter XIII
ENFORCEMENT OF DECISIONS

Enforcement of Decisions with Respect to the Costs of Criminal Proceedings, Claims under Property Law, and Seizure of Items and Proceeds of Crime

Article 221
(1) The execution of judgments with respect to the costs of criminal proceedings, seizure of proceeds of crime, and claims under the property law shall be vested in the Competent Court in compliance with the provisions of the law on the enforcement procedure.

(2) The costs of criminal proceedings shall be compulsory charged by virtue of office and shall be credited to a separate budget allotment for the work of courts. The costs of compulsory charge shall previously be paid from the separate budget allotment for the work of courts.

(3) If the security measure of seizure of an item has been pronounced by a judgment, the court which has rendered the judgment in the first instance shall decide whether such items will be sold pursuant to the provisions of law on the enforcement procedure, or given to a museum of criminology or other institution, or destroyed. The proceeds obtained from such a sale shall be credited to the separate budget allotment for the work of courts.

(4) The provision of Paragraph 3 of this Article shall be applied accordingly also where there is a decision made on seizure of an object pursuant to Article 477 of the present Code.

(5) In addition to a repeating of criminal proceedings or a request for the protection of legality, a final judgment on seizure of items may be amended in civil proceedings if a dispute arises regarding the ownership of the items seized.

Part Three
SPECIAL PROCEEDINGS

Chapter XXIX
PROCEEDINGS FOR IMPLEMENTATION OF SECURITY MEASURES, FORFEITURE OF PROPERTY GAIN,
CONSFISCATION OF PROPERTY WHOSE LEGAL ORIGIN IS NOT PROVED, AND REVOCATION OF A SUSPENDED SENTENCE

2. PROCEEDINGS FOR THE CONFISCATION OF PROPERTY GAIN

General Provisions on Confiscation of Property Gain

Article 478
(1) Property gain obtained as a result of the commission of a criminal offence shall be established as such in the investigatory proceedings, preliminary proceedings and at the trial by virtue of an office.

(2) In the course of the investigatory proceedings, preliminary proceedings and at the trial, the Court and other authorities shall obtain evidence and investigate circumstances that are relevant to the establishment of property gain.

(3) If the injured party submits a property law claim regarding the recovery of items acquired in consequence of the commission of a criminal offence or regarding the amount which corresponds to the value of the items, the property gain shall only be established for the part which exceeds the property law claim.

Confiscation of Property Gain from Third Persons who have been Transferred the Property Gain

Article 479
(1) When the confiscation of property gain obtained as result of the commission of a criminal offence from other persons is being considered, The person to whom the property gain was transferred or the person for whom it was obtained, or the representative of the legal entity shall be summoned for interrogation in the pre-trial proceedings and at the trial. The summons shall contain an admonition that the proceedings will be held even in his/her absence.

(2) The representative of the legal entity shall be heard at the trial after the interrogation of the accused person. The court shall proceed in the same manner regarding other person referred to in paragraph 1 of this Article, unless s/he is summoned as a witness.

(3) The person to whom the property gain was transferred or the person for whom it was obtained or the representative of the legal entity is entitled to propose presentation of evidence concerning the establishment of the property gain and, upon the authorization of the Chair of the Panel, to pose questions to the accused person, witnesses and expert witnesses.

(4) Exclusion of the public from the trial shall not relate to the person to whom the property gain was transferred or for whom it was obtained or the representative of the legal entity.

(5) If the Court establishes that the confiscation of property gain comes into consideration while the trial is in progress, it shall recess the trial and summon the person to whom the property gain was transferred or for whom it was obtained, or the representative of the legal entity.

Determining the Amount of property gain by Free Evaluation

Article 480
The amount of property gain shall be determined at the discretion of the Court if its assessment entails disproportionate difficulties or a significant delay in the proceedings.

Imposing Provisional security measures

Article 481
When the conditions for the confiscation of property gain are met,
the Court shall, by virtue of an office or upon the proposal of the State Prosecutor, impose provisional security measures, pursuant to the provisions governing the enforcement proceedings. In such a case, the provisions of Article 243 of the present Code shall accordingly apply.

Imposing Confiscation of property gain

Article 482
(1) Court may order the confiscation of property gain by a conviction, by a penal order issued without trial, by a ruling on a judicial admonition or by a ruling on the application of a corrective measure, as well as by a ruling on the imposition of a security measure of compulsory psychiatric treatment and confinement in a medical institution, or compulsory psychiatric treatment out of the institution.

(2) In the pronouncement of the judgement or the ruling the Court shall state which valuable item, money amount, or other property gain is to be confiscated.

(3) A certified copy of the judgement or the ruling shall also be delivered to the person to whom the property gain was transferred or for whom it was obtained, as well as to the representative of the legal entity, provided that the Court orders the confiscation of property gain from such a person or a legal entity.

Request for retrial regarding the Confiscation of Property Gain

Article 483
The person referred to in Article 479 of the present Code may submit a request for retrial regarding the decision on the confiscation of property gain.

Appropriate application of provisions regulating an appeal

Article 484
The provisions of Article 383, Paragraphs 2 and 3 and Articles 391 and 395 of the present Code shall be applied accordingly in regard to an appeal filed against the decision on the confiscation of property gain.

Appropriate application of other provisions of the present Code

Article 485
Unless otherwise provided by the provisions of this Chapter, in regard with the implementation of security measures or the confiscation of property gain, other provisions of the present Code shall be applied accordingly.

3. CONFISCATION OF PROPERTY WHOSE LEGAL ORIGIN HAS NOT BEEN PROVED

Request for Confiscation of Property and Contents of Request

Article 486
(1) After the finality of the judgement finding the accused person guilty of the criminal offence for which the Criminal Code prescribes the possibility of extended confiscation of property from the convicted person, his/her legal successor or the person to whom the convicted person has transferred the property and who cannot prove the legality of its origin, the State Prosecutor shall, at the latest within one year, submit the request for the confiscation of the property of the convicted person, his/her legal successor or a person to whom the convicted person has transferred the property for which there is no evidence on the legality of its origin.

(2) The request from paragraph 1 of this Article shall contain the data on the convicted person, his/her legal successor or the person to whom the convicted person has transferred the property, indication of property to be confiscated, evidence on the property owned by the convicted person, his/her legal successor or the person to whom the property has been transferred, and on their legal proceeds, as well as circumstances indicating the obvious discrepancy between the total property and the legal proceeds of the convicted person, his/her legal successor and the person to whom the convicted person has transferred the property.

(3) The request from paragraph 1 of this Article shall be served without delay to the convicted person, his/her legal successor or the person to whom the convicted person has transferred the property, along with a warning stating that s/he shall prove the legal origin of the property at the Panel session referred to in Article 24, paragraph 7 of the present Code, as well as that the property will be confiscated if its legal origin has not been proved.

Deciding on the Request for the Confiscation of Property

Article 487
(1) Pursuant to Article 314 of the present Code, the Panel referred to in Article 24, paragraph 7 of the present Code shall decide on the request referred to in Article 486 of the present Code at the session from which the public may be excluded.

(2) The following shall be invited to the Panel session: State Prosecutor, convicted person, his/her legal successor or a person to whom the convicted person has transferred his/her property, and his/her proxy.

(3) If the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property does not prove by plausible documents or in absence of plausible documents, in some other manner, the legal origin of the property, the Panel shall issue a ruling on the confiscation of the property.

(4) If the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property proves by plausible documents or in some other manner the legality of the property origin or of the part of property, the Panel shall issue a ruling on total or partial dismissal of the request referred to in Article 486, paragraph 1 of the present Code.

(5) The panel referred to in Article 24, paragraph 7 of the present Code shall dismiss the request if it was submitted after the expiry of the deadline referred to in Article 486, paragraph 1 of the present Code.

Contents of the Request on Confiscation of Property

Article 488
(1) The ruling referred to in Article 487, paragraph 3 of the present Code shall contain the data on the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property, on the property being confiscated, and the decision on the costs of safekeeping and administration of the provisionally seized property referred to in Article 96 of the present Code. If the confiscation of the property would bring into question the sustenance of the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property or the persons who they are legally obliged to support, the ruling shall indicate that a portion of the property is exempted from confiscation.

(2) The ruling on property confiscation shall be delivered to the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property, his/her proxy, State Prosecutor, and the state authority which, pursuant to the law, shall administrate the confiscated property.

Appeal against the Ruling on Confiscation of Property

Article 489
(1) Convicted person, his/her legal successor of the person to whom the convicted person has transferred his/her property and his/her proxy may appeal against the ruling referred to in Article 487, paragraph 3 of the present Code within eight days; the State Prosecutor may appeal against the ruling referred to in Article 487, paragraph 4 of the present Code.

(2) An immediately superior court shall decide on the appeal referred to in paragraph 1 of this Article.