CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER EIGHT (viii) – CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION, REHABILITATION, AMNESTY AND PARDON

Confiscation of Pecuniary Gain Acquired by a Criminal Offense
Article 82

(1) The court shall confiscate a pecuniary gain acquired by means of a criminal offense.

The confiscation (2) The confiscation of a pecuniary gain shall be ordered by a court decision establishing that a criminal offense has been committed. If it is impossible to seize in full or in part the pecuniary gain consisting of money, securities or objects, the court shall obligate the perpetrator of the criminal offense to pay the equivalent sum of money.

(3) The pecuniary gain shall also be confiscated if it is in possession of a third party on any legal ground and it has not been acquired in good faith.

(4) If an injured party has been granted his claim of ownership, the court shall confiscate only the part of the pecuniary gain which exceeds the granted claim.

(5) The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.

(6) An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER EIGHT (viii) – CONFISCATION OF PECUNIARY GAIN, PUBLIC ANNOUNCEMENT OF JUDGMENT, LEGAL CONSEQUENCES OF CONVICTION, REHABILITATION, AMNESTY AND PARDON

Article 82

(5) The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.

(6) An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.

Article 109
Enforcement of fines and forfeiture measures
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.