{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:81","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Confiscation and Forfeiture","number":"81","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/","hierarchy":{"part":"PART I — THE GENERAL PART","book":"BOOK II — PUNISHMENT","title":null,"chapter":"Chapter 2. — Authorized Sentences"},"paragraphs":[{"id":"p1","number":"1","text":"A Court imposing a sentence shall, whether or not specifically so provided in this Code or other law, order the confiscation and forfeiture to the State of any property used in the commission of the crime for which the offender has been convicted, as well as property or money acquired as a direct or indirect consequence of the crime.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/penal-code-2015/page/76/?article=81&paragraph=p1#article-81-p1"}]},{"id":"p2","number":"2","text":"The offender or other owner of such property shall be provided notice and an opportunity to contest the confiscation and forfeiture. Upon challenge, the prosecution must prove beyond a reasonable doubt that the property was used in the crime or that the property or money was acquired as a direct or indirect consequence of the crime.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":76,"url":"https://eriatlas.com/sources/penal-code-2015/page/76/?article=81&paragraph=p2#article-81-p2"}]},{"id":"p3","number":"3","text":"Confiscation and forfeiture shall not be ordered where:","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p3","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/penal-code-2015/page/77/?article=81&paragraph=p3#article-81-p3"}]},{"id":"p3a","number":"a","parentId":"p3","text":"such money or property is necessary for the support of the family of the offender for a reasonable period of time;","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p3a","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/penal-code-2015/page/77/?article=81&paragraph=p3a#article-81-p3a"}]},{"id":"p3b","number":"b","parentId":"p3","text":"such money or property has been transferred to innocent third parties acting in good faith; or","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p3b","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/penal-code-2015/page/77/?article=81&paragraph=p3b#article-81-p3b"}]},{"id":"p3c","number":"c","parentId":"p3","text":"such property is facing confiscation or forfeiture because of its use in the commission of the crime, and is the property of one not a party to the crime who did not know that the property was being used in the commission of a crime.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p3c","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/penal-code-2015/page/77/?article=81&paragraph=p3c#article-81-p3c"}]},{"id":"p4","number":"4","text":"Any article, confiscated or having been forfeited under this Article and where such article endangers public order, safety, health or decency, shall be ordered by the Court to be destroyed rendered useless, or be handed over to a police or criminological institute.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/81/#p4","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":77,"url":"https://eriatlas.com/sources/penal-code-2015/page/77/?article=81&paragraph=p4#article-81-p4"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}