family through letters and visits. 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 Article 114 The Basis of the Confiscation of Material Gain (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. (3) The court may also confiscate the gain referred to in paragraph 1 of this Article in a separate proceeding if there is a justifiable reason to believe that the gain derives from a criminal offence and the owner or possessor is not able to prove that the gain was acquired legally. Article 115 Ways of Confiscating Material Gain (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 obligated 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 a person to whom it has been transferred without compensation or with a compensation which does not correspond to the real value, if the person knew or should have known that the material gain had been acquired by the perpetration of a criminal offence. (2) If a material gain acquired through the perpetration of criminal offence has been intermingled with property acquired in a legal way, such property may be liable to confiscation not exceeding the assessed value of the intermingled proceeds of criminal offence. (3) Income or other benefits derived from the material gain acquired through the perpetration of criminal offence or from the 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. Article 116 Protection of Injured Party (1) If criminal proceedings have resulted in awarding property claims to the injured party, the court shall order the confiscation of material gain if it exceeds the awarded property claim of the injured party. (2) The injured party who has been directed to initiate civil litigation in the course of criminal proceedings regarding his property claim, may demand that he be reimbursed from the amount of the confiscated value, provided that the civil case starts within six months from the day when the decision by which he has been directed to litigate entered into force and if he demands to be compensated from the confiscated value within three months from the day of entering into force of the decision whereby his claim was legally established. (3) An injured party who did not report a property claim during the course of a criminal proceedings may demand compensation from the confiscated value, if he has begun litigating his claims within three months from the day when he found out about the judgement which confiscates a material gain, but no longer than within two years from the day when the decision on the confiscation of material gain entered into force, and if within three months from the day of entering into force of the decision by which his claim was legally established he demands compensation from the confiscated value. 34