obliged to pay a sum of money equivalent to this property benefit. In justified instances,
the court may allow the sum of money equivalent to the property benefit to be paid by
instalments, whereby the period of payment may not exceed two years.
(3) Property benefit gained through or owing to the committing of a criminal
offence may also be confiscated from persons, to which it was transferred free of charge
or for a sum of money that does not correspond to its actual value, if such persons knew
or could have known that this property had been gained through or owing to the
committing of a criminal offence.
(4) When a property benefit gained through or owing to the committing of a
criminal offence has been transferred to close relatives of the perpetrator of the criminal
offence (relations from Article 224 of this Penal Code) or when, for reason of the
prevention of confiscation of property benefits under paragraph 1 of this Article, any
other property has been transferred to such persons, this property shall be confiscated
from them unless they can demonstrate that they paid its actual value.
Protection of the Injured Party
Article 76
(1) If the injured party has been awarded his claim for damages in a criminal
proceeding by the court, the latter shall order the confiscation of property only insofar as
such property exceeds the adjudicated claim of the injured party.
(2) The injured party, which has been committed in a criminal proceeding by the
court to bring its claim for the recovery of damages in a civil action, may satisfy its claim
from the value of the confiscated property, provided that it brings a civil claim within six
months from the final judgement, directing it to bring a civil action, and under the
condition that it claims settlement from the value of the confiscated property within three
months from the final judgement awarding its claim.
(3) Any injured party, which has not brought its claim for compensation in the
form of damages in the course of a criminal proceeding, may satisfy its claim from the
value of the confiscated property, provided that it brings a civil action for the adjudication
of its claim within three months from the day it became aware of the ruling confiscating
the property and at the latest within two years from the final judgement, and with the
further proviso that it claims settlement from the value of the confiscated property within
three months from the final judgement awarding its claim.
Confiscation of Property from Legal Person
Article 77
Any property gained by a legal person through or owing to the committing of a
criminal offence shall be confiscated. A property benefit or property equivalent to the
property benefit shall also be confiscated from legal persons, when the persons referred