GENERAL PART
Aim of the Criminal Code

Chapter IV
Punishments and Measures

Title II
Measures

Forfeiture of Assets

Section 77/B

(1) The following shall be seized subject to forfeiture :

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 affiliation with organized crime,
c) 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,
d) any property that was supplied or intended to be used to finance the means used for the commission of a crime.
e) any property embodying the subject of financial gain.

(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 seized subject to forfeiture. If such gain or advantage was obtained by a legal person, it shall be subject to forfeiture.

(3) In the event of death of the perpetrator or the person profiteering as specified in Subsection (2), or the legal person was transformed, the property transferred by succession shall be seized from the successor in title.

(4) In the case referred to in Paragraph b) of Subsection (1), all assets obtained by the perpetrator during his involvement in organized crime shall be subject to forfeiture until proven otherwise.

(5) The following property cannot be seized :

a) that of which is reserved to cover any civil claim awarded during the criminal proceeding,
b) that of which was obtained in good faith for consideration,
c) in the case referred to in Paragraph b) of Subsection (1), if the property is proven legitimate.

Section 77/C

(1) Forfeiture of assets shall be ordered for a specific sum

a) if the property is no longer accessible,
b) if the property to be seized subject to forfeiture under Section 77/B cannot be distinguished from other assets, or it would impose unreasonable difficulties,
c) in the case defined in Paragraph b) of Subsection (5) of Section 77/B.

(2) Forfeiture of assets shall be ordered, even if the perpetrator is not punishable due to being a minor, to mental disorder or due to the negligible degree of danger which the act represents to society.

(3) Seized assets shall become the property of the state unless prescribed by law to the contrary.

(4) For the purposes of Sections 77/B and 77/C, any profits, intangible assets, claims of any monetary value and any financial gain or advantage shall be deemed assets.

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.