Part 1
GENERAL PART
Chapter 7
OTHER SANCTIONS
§ 83 1. Confiscation of assets acquired through offence
(1) A court shall confiscate of the assets acquired through an offence object if these belong to the offender at the time of the making of the judgment or ruling.
(2) As an exception, a court shall confiscate the assets or substance specified in subsection (1) this section if these belong to a third person at the time of the making of the judgment or ruling, and if :
1) these were acquired, in full or in the essential part, on account of the offender, as a present or in any other manner for a price which is considerably lower than the normal market price ; or
2) the third person knew that that the assets were transferred to the person in order to avoid confiscation.
(3) The court may decide not to confiscate, in part or in full, property acquired through offence if, taking account of the circumstances of the offence or the situation of the person, confiscation would be unreasonably burdensome or if the value of the assets is disproportionably small in comparison to the costs of storage, transfer or destruction of the property. The court may, for the purpose of satisfaction of a civil action, decrease the amount of the property or assets to be confiscated by the amount of the object of the action.
[ - entry into force 01.02.2007]
§ 83 2. Extended confiscation of assets acquired through criminal offence
(1) If a court convicts a person of a criminal offence and imposes imprisonment for a term of more than three years or life imprisonment, the court shall, in the cases provided by this Code, confiscate a part or all of the criminal offender's assets if these belong to the offender at the time of the making of the judgment, and if the nature of the criminal offence, the legal income, or the difference between the financial situation and the standard of living of the person, or another fact gives reason to presume that the person has acquired the assets through commission of the criminal offence.
Confiscation is not applied to assets with regard to which the person certifies that such assets have been acquired out of lawfully received funds.
(2) As an exception, a court may confiscate the assets of a third person on the bases and to the extent specified in subsection (1) this section if these belong to the third person at the time of the making of the judgment or ruling, and if :
1) these were acquired, in full or in the essential part, on account of the offender, as a present or in any other manner for a price which is considerably lower than the normal market price ; or
2) the third person knew that that the assets were transferred to the person in order to avoid confiscation.
(3) Assets of a third party which has been acquired more than five years prior to the commission of a criminal offence shall not be confiscated.
(4) Upon extended confiscation of assets acquired through criminal offence, the court shall take account of the provisions of subsection 831 (3) of this Code.
[ - entry into force 01.02.2007]
Other forms of cooperation
Forfeiture of assets - national proceedings
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