- 21 - CDL-REF(2021)022 3.1. When examining the application, the court shall take into account the degree of danger posed to the public and nature of the crime committed by the convict, data describing the personality of the convict, the absence of a claim on compensating for damage caused or the fact of compensation, as well as other facts that will justify the substantiation and fairness of replacing imprisonment imposed on the person with public works from the perspective of implementation of the goals of the punishment. 4. Public works shall not be imposed on persons recognized as disabled of the first or second group, persons below the age of sixteen and those having attained the retirement age at the moment of delivering the criminal judgement, pregnant women and military servicemen in compulsory military service. 5. In case of malicious evasion from performing public works, the court shall replace the unperformed part of public works by detention or fixed-term imprisonment by calculating one day of detention or fixed-term imprisonment against three hours of public works. (Article 54 amended by HO-97-N of 9 June 2004, edited, amended by HO-119-N of 1 June 2006, edited, supplemented, amended by HO-59-N of 1 March 2017) Article 55. Property confiscation 1. Property confiscation shall be considered as forced and uncompensated taking of property or a part thereof owned by the convict — to be placed under State ownership. 2. The court shall determine the size of property confiscation, taking into consideration the size of the property damage caused by the crime, as well as the size of property obtained through a crime. The size of property confiscation may not exceed the size of the damage caused by the crime or the size of benefit obtained through a crime. 3. Property confiscation may be imposed for grave and particularly grave criminal offences committed with mercenary motives in cases envisaged by the Special Part of this Code. 4. (part repealed by HO-114-N of 21 June 2014) 5. (part repealed by HO-114-N of 21 June 2014) 5.1. (part repealed by HO-114-N of 21 June 2014) 6. Property necessary for a convict or persons under his or her care shall not be subject to confiscation, pursuant to the list that is established by law. 7. (part repealed by HO-114-N of 21 June 2014) (Article 55 edited by HO-206-N of 28 November 2006, supplemented by HO-143-N of 23 May 2011, amended by HO-114-N of 21 June 2014)