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Structural division: BOOK II › CHAPTER II › Sub-section I
Article 98 — Confiscation of Property.
Revised Criminal Code (English)
Article text
(1) Subject to the following provisions of this Article, where the law makes provision for confiscation the Court may order the confiscation of the estate, or part thereof, of the criminal.
(2) Any property which the criminal has acquired, directly or indirectly, by the commission of the crime for which he was convicted shall be confiscated. An order of confiscation may also apply to any property lawfully acquired by the criminal.
(3) Confiscation shall not affect:
(a) domestic articles normally in use, instruments of trade or profession and agricultural implements, necessary for the livelihood of the criminal and his family;
(b) such amount of foodstuffs and of money as are necessary for the support of the family of the criminal for a period of not less than six months or for such longer period as the Court, having regard to the particular circumstances of the case and for reasons to be given in its judgment, considers just;
(c) goods, forming part of a family inheritance, of which the criminal cannot freely dispose by gift, will or in any other manner;
(d) half of the common property with regard to the innocent spouse of the criminal, as well as the personal goods of the innocent spouse, children or other persons of which the criminal has, by law or custom, the charge, administration, management or power to dispose.
Article 6
Exception: Application of the More Favourable Law.