(3) The decision to confiscate shall be adopted by the court in a procedure specified by law
also in the case when, due to factual or legal reasons, it is impossible to conduct the criminal
procedure against the offender of the crime.
(4) In accordance with the conditions specified in a ratified international agreement, the
confiscated property may be returned to another country.
Confiscation of direct property benefit
Article 97-a
Beside the indirect property benefit, the direct property benefit consisted of the following
shall be confiscated from the offender:
1) the property in which the benefit obtained with the crime has been transformed or
turned into;
2) the property obtained from legal sources, in case if the benefit obtained from the crime is
completely or partially mixed with such property, up to the assessed value of the mixed
benefit obtained by the crime and
3) the income or other benefit resulting from the benefit obtained with a crime, from a
property wherefore the benefit obtained from a crime is transformed or turned into, or
from a property where the benefit obtained from the crime is mixed, up to the assessed
amount of the mixed benefit obtained with the crime.
Manner of confiscating
Article 98
(1) The indirect and direct property benefit obtained with a crime and consisting of money,
movables or immovables of certian value, as well as any other ownership, property or
active, material or non-material rights shall be confiscated from the offender, and it their
confiscation is not possible other property corresponding to the value of the obtained
benefit shall be confiscated from the offender.
(2) The indirect and direct property benefit shall be as well confiscated from third parties
wherefore it has been obtained by committing the crime.
(3) The property benefit referred to in paragraph (1) shall be as well confiscated from
members of the offender's family to whom it has been transferred, should it be obvious that
they have not provided any compensation corresponding to the value of the obtained
property benefit, or from third parties unless they prove that they have given countercompensation for the object or the property which corresponds the value of the obtained
property benefit.
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