How is the confiscation of objects and money directly related to crimes regulated?

Reply:

Objects and money directly related to a crime are objects or money that can be tools or means of committing a crime, or can be obtained through committing a crime, or can be purchased, sold, transferred, or can be objects that the State prohibits from producing, buying, selling, storing, or circulating.

Confiscation of objects and money directly related to a crime is a judicial measure supporting punishment to achieve the purpose of punishment.

-Article 47 of the 2015 Penal Code, amended and supplemented in 2017, stipulates the "Confiscation of objects and money directly related to crimes", specifically as follows:

1. Confiscation into the state budget or confiscation and destruction shall be applied to:

a) Tools and means used to commit crimes;

b) Objects or money obtained from committing crimes or from buying, selling, or exchanging such things; illegal profits from committing crimes;

c) Items banned from circulation by the State.

2. Objects and money illegally appropriated or used by criminals shall not be confiscated but returned to the owner or legal manager.

3. Objects and money that are the property of another person, if this person is at fault in allowing the offender to use them to commit a crime, can be confiscated.

- The competent authority to decide on confiscation for the budget, confiscation and destruction or return of objects and money directly related to crimes as prescribed in Clause 1, Article 106 of the 2015 Criminal Procedure Code includes:

- The investigation agency, the agency assigned to conduct certain investigation activities if the case is suspended at the investigation stage;

- The Procuracy if the case is suspended at the prosecution stage;

- The Chief Justice decides if the case is suspended at the pre-trial stage;

- The panel of judges decides if the case has gone to trial.