(4) Pecuniary gain shall be liable to confiscation if it was obtained in the period
before and/or after the commission of any of the criminal offences under para. 3 hereof
until the finality of judgment, and if the court establishes that the time when the
pecuniary gain was obtained and other circumstances of the case in question justify the
confiscation of the pecuniary gain.
(5) Also liable to confiscation shall be pecuniary gain originating from a criminal
offence where it has been transferred to other persons free of charge or where such
persons knew, could have known, or were obliged to know that the pecuniary gain
originated from a criminal offence.
(6) Where pecuniary gain was obtained for another person, such gain shall also
be liable to confiscation.
Protection of Injured Party
Article 114
(1) Where the injured party has been awarded his claim for damages in criminal
proceedings, the court shall order the confiscation of pecuniary gain only insofar as such
pecuniary gain exceeds the adjudicated claim of the injured party.
(2) The injured party which has been referred by the criminal court to bringing
his claim for damages in a civil action may request to be reimbursed from confiscated
pecuniary gain, provided that he brings a civil claim within six months from the final
decision directing him to bring a civil action and under the further condition that he
claims reimbursement from the confiscated pecuniary gain within three months from the
final decision awarding his claim.
(3) Any injured party who has not brought his claim for damages in the course of
the criminal proceedings may request to be reimbursed from confiscated pecuniary gain
provided that he instituted a civil action for the purpose of establishing his claim within
three months of the date he learnt of the judgment ordering confiscation of pecuniary
gain, but not later than within three years of the date of final decision ordering
confiscation of pecuniary gain and provided further that he requests, within three
months of the date of decision awarding his claim for damages, to be reimbursed from
the confiscated pecuniary gain.
TITLE EIGHT
LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
Taking Effect of Legal Consequences of Criminal Conviction
Article 115
(1) Convictions for certain criminal offences or to certain punishments may result
in legal consequence of cessation or deprivation of certain rights or of prohibition to
acquire certain rights.