Act C of 2012 on the Criminal Code (as in force on 1 April 2022) This document has been produced for informational purposes only. (6) The ownership of a confiscated object shall pass to the State, unless otherwise provided by an Act. (7) Confiscation shall not be applied if the limitation period prescribed regarding liability to punishment for the act, but at least five years, passed. Section 73 In the cases specified in section 72 (1) a) and c), confiscation may be dispensed with on an exceptional basis if, considering the gravity of the criminal offence, it would be an unfair and disproportionate disadvantage for the perpetrator or the owner, unless a) it is excluded by an obligation under international law, b) the perpetrator committed the criminal offence in a criminal organisation, c) the criminal offence of drug trafficking, drug possession, facilitating drug production, abuse of a substance required for producing drugs, abuse of new psychoactive substances, abuse of performance-enhancing substance, counterfeiting of medicinal products, counterfeiting of medical products, abuse of poison, abuse of harmful consumer products, damaging the environment, damaging natural values, animal cruelty, fish poaching, game poaching, organising illegal animal fights, violation of waste management regulations, abuse of ozone depleting substances, abuse of radioactive materials, unlawful operation of a nuclear facility, abuse of explosives or detonating equipment, abuse of firearms or ammunition, abuse of a weapon prohibited by an international treaty, abuse of military products or services, abuse of dual-use products, or violation of obligations related to keeping dangerous dogs was committed. Forfeiture of assets Section 74 (1) Forfeiture of assets shall be ordered a) for assets originating from committing a criminal offence, obtained by the perpetrator in the course of or in relation to committing the criminal offence, b) to c) d) for assets replacing assets originating from committing the criminal offence, obtained in the course of or in relation to committing the criminal offence, e) for assets given or intended for the purpose of providing the conditions necessary for or facilitating the commission of the criminal offence, f) for the assets constituting the given or promised financial advantage. (2) Forfeiture of assets shall also be ordered for assets originating from committing the criminal offence and obtained in the course of or in relation to committing the criminal offence which enrich a third party. If an economic operator is enriched by such assets, forfeiture of assets shall be ordered against the economic operator. (3) If the perpetrator or the enriched person specified in paragraph (2) has died or the economic operator has been transformed, forfeiture of assets shall be ordered against the legal successor for the assets under paragraph (1) or section 74/A that were subject to succession. (4) (5) Forfeiture of assets shall not be ordered a) for assets serving as coverage for a civil claim enforced in the criminal proceedings, b) for assets obtained in good faith for consideration, c) for assets referred to under paragraph (1) a) and d) or paragraph (2) to the extent of a payment obligation established as regards the assets by an administrative authority or the state tax and customs authority in its decision with administrative finality, or a court in a final and binding judgment adopted in an administrative court action, on the basis of the same facts as those of the criminal offence serving as the basis for the criminal proceeding. 22 Contact: eu-forditas@im.gov.hu