Chapter 9 Security Measures

Article 74

Forfeiture

(1) Items which were in any way, in whole or partially, used or were intended to be used for the commission of a crime or have resulted from the commission of a crime shall be forfeited if they are owned by the perpetrator.

(2) Items referred to in paragraph (1) of this Article shall be forfeited even if not owned by the perpetrator, however such forfeiture shall not affect the third party’s right to compensation of damage from the perpetrator.

Chapter 12

Confiscation of Property Gain Acquired Through Perpetration of a Criminal Offence and Legal Consequences Incident to Conviction

Article 110a

In cases of criminal proceedings for the criminal offences referred to in Chapters XVII, XVIII, XIX, XXI, XXI A and XXII of this Code, the Court can also decide, on basis of Article 110, paragraph (2), to order confiscation of property gain, income, profit or other form of benefit from the property gain for which the prosecutor provides sufficient evidence that there is reasonable suspicion that it was acquired through execution of these criminal offences, and the accused person did not provide evidence to prove that the property gain, income, profit or other form of benefit from the property gain was acquired legally

When legal conditions for confiscation of property gain, income, profit or other form of benefit from the property gain acquired through commission of a crime in criminal proceedings are not fulfilled, a request for confiscation may be filed in civil proceedings.

Chapter 12

Confiscation of Property Gain Acquired Through Perpetration of a Criminal Offence and Legal Consequences Incident to Conviction

Article 111

(1) All the money, valuable objects and every other property gain acquired by the perpetration of a criminal offence shall be confiscated from the perpetrator, and in case the confiscation is not feasible - the perpetrator shall be obliged to pay an amount of money which corresponds to the acquired property gain. Property gain acquired by perpetration of a criminal offence shall be confiscated from persons to whom it has been transferred without compensation or with a compensation which does not correspond to the real value, if the persons knew or should have known that the property gain had been acquired by the perpetration of a criminal offence.

(2) If proceeds of a criminal offence have been intermingled with property acquired from legitimate sources, such property may be liable to confiscation not exceeding the assessed value of the intermingled proceeds.

(3) Income or other benefits derived from the proceeds of a criminal offence, from property into which proceeds of criminal offence have been converted, or from property with which proceeds of criminal offence have been intermingled may also be liable to the measures referred to in this Article, in the same manner and extent as the proceeds of the criminal offence.

Chapter 14 Liability of Legal Persons for Criminal Offences

Article 131

Punishment for Legal Persons

The following types of punishment may be imposed upon the legal persons:

(a) Fines;

(b) Confiscation of property;

(c) Dissolution of the legal person.

Chapter 14 Liability of Legal Persons for Criminal Offences

Article 133

Confiscation of Property

(1) The confiscation of property may be imposed for criminal offences for which a punishment of imprisonment for a term of five years or more severe punishment is prescribed.

(2) From a legal person at least half of the property or the major part of the property or the entire property may be confiscated.

(3) In the event of bankruptcy proceedings being brought about as a consequence of the imposed confiscation, the creditors shall be permitted to settle their claims out of the mass of the confiscated bankruptcy assets.