.
(3)
the forfeiture would be unreasonable in view of the nature of the offence
and the object or property, the financial standing of the defendant, and
the other circumstances.
(2) On the prerequisites referred to in subsection 1, the forfeiture may be ordered
on value instead of the object or property, or only a part of the object, property or
value. Likewise, a partial forfeiture of the object or property and a partial forfeiture of the value may be ordered. A partial forfeiture of the proceeds of crime may
also be ordered.
Section 11 — Miscellaneous provisions (875/2001)
(1) When the forfeiture liability of someone else than the suspect or the defendant
is being considered in a criminal investigation or in criminal proceedings, the
procedural provisions on the suspect or the defendant apply to that person in so
far as appropriate.
(2) If compensation or restitution has been paid or ordered to be paid after the
issue of the decision referred to in section 2, subsection 3, the forfeiture may be
enforced to a correspondingly reduced amount. If the forfeiture has already been
enforced, the Legal Register Centre may on the written application of the person
in question order that the amount be paid from State funds. Notwithstanding
what is provided elsewhere in law on the obligation of secrecy, the person in
question has the right, for preparation of the application, to receive from the Legal
Register Centre information on the enforcement of the forfeiture sanction referred
to above. If more than one application is made on the basis of the same offence,
the applications shall be decided at the same time, unless this causes unreasonable hindrance to the applicants. If the enforced forfeiture sanction is insufficient
to cover the payment of all the debts, payment shall be made in proportion to the
size of the debts, applying as appropriate the provisions of Chapters 17 and 18 of
the Bankruptcy Act (120/2004). A person who is dissatisfied with the decision of
the Legal Register Centre may file an action at the place of domicile of the plaintiff
or at the Helsinki District Court. The action shall be filed within one month of the
date of the decision of the Legal Register Centre. If several actions are filed on the
basis of applications that were made on the basis of the same offence, the actions
shall be considered by the District Court where the first action was filed. Other
district courts shall transfer the actions for the consideration of said District
Court. An action to this effect shall be brought in the District Court of the plaintiff’s domicile or the District Court of Helsinki within five years from the date
when the judgment containing the forfeiture order became final. The State, represented by the Legal Register Centre, is the respondent in such a case. (347/2013)
(3) A person who in good faith has obtained a mortgage, a lien or a right of retention to an object or property referred to in section 4 or 5 and ordered forfeit may
foreclose on the same regardless of whether the underlying receivable has become