GENERAL PART
XII C H A P T E R T W E L V E
CONFISCATION OF MATERIAL GAIN ACQUIRED THROUGH PERPETRATION OF A CRIMINAL
OFFENCE AND LEGAL CONSEQUENCES INCIDENT TO CONVICTION
The Basis of the Confiscation of Material Gain
Article 110
(1) Nobody is allowed to retain material gain acquired by the perpetration of a criminal offence.
(2) The gain referred to in paragraph 1 of this Article shall be confiscated by the court decision, which established the perpetration of a criminal offence, under the terms set forth under this Code.
Extended Confiscation of Property Gain Acquired through Perpetration of a Criminal Offence
Article 110a
Where criminal proceedings involve the criminal offences set forth under Chapters XVII, XVIII, XIX, XXI, XXI A and XXII of the Code, the Court may issue a decision under Article 110, paragraph (2) and confiscate the property gain for which the prosecutor provided sufficient evidence to reasonably believe that such property gain was acquired by the perpetration of these criminal offences, while the perpetrator failed to prove that the gain was acquired in a lawful manner.
Ways of Confiscating Material Gain
Article 111
(1) All the money, valuable objects and every other material 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 material gain. Material gain acquired by perpetration of a criminal offence may 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 material 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 shall 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 shall also be liable to the measures referred to in this Article, in the same manner and extent as the proceeds of the criminal offence.
Enforcement of forfeiture orders
Enforcement of sentences imposed
Enforcement of national penalties - forfeiture orders
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