GENERAL PART

Chapter One
FUNDAMENTAL PROVISIONS

System of Legal Criminal Sanctions

Article 3

(3) If the perpetrator has been convicted of a criminal offence, he may be subject to the confiscation of property and to the publication of the judgement under the conditions determined by the present Code.

GENERAL PART

Chapter Seven
CONFISCATION OF PROPERTY BENEFITS GAINED BY COMMITTING OF CRIMINAL OFFENCE

Grounds for Confiscation of Property

Article 74

(1) Nobody shall retain the property gained through or owing to the committing of a criminal offence.

(2) The property shall be confiscated according to the judgement passed on the criminal offence under conditions laid down in this Penal Code.

Method of Confiscation of Property

Article 75

(1) Money, valuables and any other property benefit gained through or owing to the committing of a criminal offence shall be confiscated from the perpetrator or recipient (hereinafter, the recipient) ; if confiscation cannot be carried out, property equivalent to the property benefit shall be confiscated from them.

(2) When the property benefit or property equivalent to the property benefit cannot be confiscated from the perpetrator or other recipient, the perpetrator shall be obliged to pay a sum of money equivalent to this property benefit. In justified instances, the court may allow the sum of money equivalent to the property benefit to be paid by instalments, whereby the period of payment may not exceed two years.

(3) Property benefit gained through or owing to the committing of a criminal offence may also be confiscated from persons, to which it was transferred free of charge or for a sum of money that does not correspond to its actual value, if such persons knew or could have known that this property had been gained through or owing to the committing of a criminal offence.

(4) When a property benefit gained through or owing to the committing of a criminal offence has been transferred to close relatives of the perpetrator of the criminal offence (relations from Article 224 of this Penal Code) or when, for reason of the prevention of confiscation of property benefits under paragraph 1 of this Article, any other property has been transferred to such persons, this property shall be confiscated from them unless they can demonstrate that they paid its actual value.

GENERAL PART

Chapter One

FUNDAMENTAL PROVISIONS

System of Legal Criminal Sanctions
Article 3

(3) If the perpetrator has been convicted of a criminal offence, he may be subject to the confiscation of property and to the publication of the judgement under the conditions determined by the present Code.

GENERAL PART

Chapter Seven

CONFISCATION OF PROPERTY BENEFITS GAINED BY COMMITTING OF CRIMINAL OFFENCE

Grounds for Confiscation of Property
Article 74

(1) Nobody shall retain the property gained through or owing to the committing of a criminal offence.

(2) The property shall be confiscated according to the judgement passed on the criminal offence under conditions laid down in this Penal Code.

Method of Confiscation of Property
Article 75

(1) Money, valuables and any other property benefit gained through or owing to the committing of a criminal offence shall be confiscated from the perpetrator or recipient (hereinafter, the recipient); if confiscation cannot be carried out, property equivalent to the property benefit shall be confiscated from them.

(2) When the property benefit or property equivalent to the property benefit cannot be confiscated from the perpetrator or other recipient, the perpetrator shall be obliged to pay a sum of money equivalent to this property benefit. In justified instances, the court may allow the sum of money equivalent to the property benefit to be paid by instalments, whereby the period of payment may not exceed two years.

(3) Property benefit gained through or owing to the committing of a criminal offence may also be confiscated from persons, to which it was transferred free of charge or for a sum of money that does not correspond to its actual value, if such persons knew or could have known that this property had been gained through or owing to the committing of a criminal offence.

(4) When a property benefit gained through or owing to the committing of a criminal offence has been transferred to close relatives of the perpetrator of the criminal offence (relations from Article 224 of this Penal Code) or when, for reason of the prevention of confiscation of property benefits under paragraph 1 of this Article, any other property has been transferred to such persons, this property shall be confiscated from them unless they can demonstrate that they paid its actual value.

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.