Article 537
The provisions of Articles 538 through 543 of this Code shall apply in the proceedings for the confiscation of proceeds from crime, and unless these provisions specify something special, the other provisions of this Code shall apply mutatis mutandis.
Duty to Determine the Proceeds from Crime
Article 538
The proceeds from crime are determined in criminal proceedings ex officio.
The authority conducting proceedings is required to collect evidence and examine circumstances of importance for determining the proceeds from crime during the proceedings.
If an injured party has submitted a restitution claim whose subject matter excludes the confiscation of proceeds from crime, the proceeds from crime shall be determined only in the part which is not encompassed by the restitution claim.
Confiscating Proceeds from Crime from Other Persons
Article 539
When the confiscation of proceeds from crime from other persons may be considered, the person to whom proceeds from crime were transferred free of charge or with compensation obviously not commensurate with the true value, or a representative of a legal person, shall be summoned for questioning in the preliminary proceedings and at the trial. This person shall be cautioned in the summons that the proceedings shall be conducted even in his absence.
The representative of a legal person shall be examined at the trial after the defendant. The same procedure shall apply to the other person referred to in paragraph 1 of this Article, unless he has been summoned as a witness.
The person referred to in paragraph 1 of this Article, i.e. the representative of a legal person, is authorised to propose evidence in connection with the determination of the proceeds from crime, and to examine the defendant, witness, expert witness and professional consultant with the permission of the panel president.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.