was referred to a litigation comes into effect, and if within three months from the day of
coming into effect of the decision with which his claim was determined, he claims the
settling of the confiscated value.
(2) The damaged person who has not reported a legal and property claim in the criminal
procedure, may demand the settling from the confiscated value if he has started a litigation
for determining his claim within a time frame of three months as of the day he finds out
about the sentence with which the property benefit is confiscated, and at the latest within
two years after the decision for confiscating the property benefit comes into effect, and if
within three months from the day the decision with which his claim was determined comes
into effect he requests the settling of the confiscated value.
Confiscating from a legal entity
Article 100
If a legal entity acquires property benefit from the crime of the offender, this benefit shall be
confiscated from it.
2. Seizure of objects
Conditions for seizure of objects
Article 100-a
(1) Nobody can keep or adopt the objects that have occurred through a commission of a
crime.
(2) Objects that were intended or have been used to commit a crime shall be confiscated
from the offender, regardless of whether they belong to the offender or to a third party, if
this is required by the interest of general safety, health of the people or moral reasons.
(3) The objects used or intended to be used to commit a crime may be confiscated if there is
a threat that they may be used to commit another crime. Objects, which are the property of
a third party, shall not be confiscated, except if the third party knew, could have known and
was obliged to know that these objects have been used or were intended to be used to
commit a crime.
(4) The court shall adopt a decision to confiscate the objects within the framework of a
procedure specified by law in the case when, due to factual or legal obstacles, it is
impossible to conduct the criminal procedure with respect to the offender of the crime.
(5) The application of this measure does not interfere with the right of third parties to
compensation of damages from the offender of the crime.
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