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Section 459g
Execution of incidental consequences

(1) Where an order has been made for the confiscation or rendering unusable of an object, it shall be executed by way of taking the object away from the person against whom such order was issued. The provisions of the Act on the Recovery of Claims of the Judicial Authorities shall apply to execution.

(2) Sections 459 and 459a and section 459c subsections (1) and (2) shall apply mutatis mutandis to execution of those incidental consequences requiring payment of money.

(3) Sections 102 to 110, subsection 111c subsections (1) and (2), section 111f subsection (1), section 111k subsections (1) and (2) and section 131 subsection (1) shall apply mutatis mutandis.

(4) The court shall order that execution of confiscation be precluded pursuant to sections 73 to 73c of the Criminal Code upon the lapse of that right which the aggrieved person acquired by virtue of the offence to restitution of that which has been obtained or to payment of the equivalent value of that which has been obtained.

(5) In the cases referred to in subsection (2), the court shall order that confiscation not be executed if the value of that which has been obtained no longer forms part of the person concerned’s assets or execution would be disproportionate in some other manner. Execution shall be resumed where circumstances subsequently become known or arise which pose an obstacle to the order pursuant to the first sentence.

Section 459h
Compensation of aggrieved person

(1) An object confiscated pursuant to sections 73 to 73b of the Criminal Code shall be returned to an aggrieved person who has become entitled to return of the object obtained, or to his successor in title. The same shall apply where the object has been confiscated pursuant to section 76a subsection (1) of the Criminal Code, also in conjunction with section 76a subsection (3) of the Criminal Code. In the cases referred to in section 75 subsection (1), second sentence, of the Criminal Code, the confiscated object shall be surrendered to the aggrieved person or to his successor in title if he registered his right with the executing authority in due time.

(2) Where the court has ordered confiscation of the equivalent value pursuant to section 73c and 76a subsection (1), first sentence, of the Criminal Code, also in conjunction with section 76a subsection (3) of the Criminal Code, the proceeds generated by realization of the objects attached on the ground of asset seizure or a confiscation order shall be disbursed to the aggrieved person who has become entitled to payment of the equivalent value of the object obtained by virtue of the offence, or to his successor in title. Section 111i shall apply mutatis mutandis.

Section 459i
Notification requirements

(1) The aggrieved person shall be given notification without delay upon the confiscation order pursuant to sections 73 to 73c and section 76a subsection (1), first sentence, of the Criminal Code, also in conjunction with section 76a subsection (3) of the Criminal Code, becoming final. Notification shall be served on the aggrieved person; section 111l subsection (4) shall apply mutatis mutandis.

(2) In the event of confiscation of the object, notification shall include a reference to the right under section 459h subsection (1) and to the procedure pursuant to section 459j. In the event of confiscation of the equivalent value, notification shall include a reference to the right under section 459h subsection (2) and to the procedure pursuant to sections 459k to 459m.

Section 459j
Procedure for return and surrender

(1) The aggrieved person or his successor in title shall file his claim to return or surrender pursuant to section 459h subsection (1) with the executing authority within six months after having been notified of the confiscation order becoming final.

(2) Where the applicant’s entitlement is immediately apparent from the confiscation order and the determinations on which it was based, the confiscated object shall be returned or surrendered to the applicant. Otherwise, this shall require the court giving leave therefor. The court shall give leave for the return or surrender of the object subject to the provisions set out in section 459h subsection (1). Such leave shall be denied if the applicant fails to substantiate his entitlement; section 294 of the Code of Civil Procedure shall apply.

(3) Prior to giving a decision on the return or surrender, the party against whom the confiscation order has been issued is to be heard. This shall apply only where it appears feasible that the hearing can be held.

(4) In the event of failure to meet the deadline set in subsection (1), first sentence, restitution of the status quo ante shall be granted, subject to the conditions set out in sections 44 and 45.

(5) Notwithstanding the procedure under subsection (1), the aggrieved person or his successor in title may assert his claim to return or surrender pursuant to section 459h subsection (1) by submitting an enforceable final judgment within the meaning of section 704 of the Code of Civil Procedure or some other enforceable legal document within the meaning of section 794 of the Code of Civil Procedure from which the claim being asserted is apparent.

Section 459k
Procedure for disbursement of proceeds of realization

(1) The aggrieved person or his successor in title shall file his claim to disbursement of the proceeds of realization pursuant to section 459h subsection (2) with the executing authority within six months after having been notified of the confiscation order becoming final. The amount of the claim must be designated in the application.

(2) Where the applicant’s claim and the amount of the claim are immediately apparent from the confiscation order and the determinations on which it was based, the proceeds of realization shall be disbursed to the applicant in that amount. Otherwise, this shall require the court giving leave therefor. The court shall give leave for disbursement of the realized proceeds subject to the provisions of section 459h subsection (2). Such leave shall be denied if the applicant fails to substantiate his entitlement; section 294 of the Code of Civil Procedure shall apply.

(3) Prior to giving its decision on disbursement, the party against whom the confiscation order has been issued is to be heard. This shall apply only where it appears feasible that the hearing can be held.

(4) In the event of failure to meet the deadline set in subsection (1), first sentence, restitution of the status quo ante shall be granted subject to the conditions set out in sections 44 and 45.

(5) Notwithstanding the procedure under subsection (1), the aggrieved person or his successor in title may assert his claim to disbursement of the proceeds of realization pursuant to section 459h subsection (2) by submitting an enforceable final judgment within the meaning of section 704 of the Code of Civil Procedure or some other enforceable legal document within the meaning of section 794 of the Code of Civil Procedure from which the claim being asserted is apparent. Enforceable legal documents under public law for receivables in money which have become final shall be equivalent to an enforceable final judgment within the meaning of section 704 of the Code of Civil Procedure.