1"The confiscation of assets shall be decided upon the request of the prosecutor who presents to the court the grounds where the request is based on. The court decides after carrying out the judicial investigation and hearing the final discussion of the parties. The court may decide the confiscation even at the end of the special hearing, provided for in article 12, paragraph 4 of this law. "
2The confiscation of assets is also sought and ordered in cases when a sequestration measure has not been sought and ordered against the assets.
3The people mentioned in article 3, paragraph 1 of this law have the burden to prove that the activities and the sequestered assets, possessed completely or partially by them, have been gained in a legal way.
4The persons mentioned in article 3, paragraph 2, letter a) of this law have the burden to prove that the assets for which confiscation is requested, are possessed with an ownership title only by them, have been benefited through legal resources and are not in indirect ownership of the people mentioned in article 3, paragraph 1, of this law.”
5The persons mentioned in article 3, paragraph 2, letter b) of this law have the burden to prove that the evidence collected during the assets proceeding are insufficient to verify that their activities or assets:
aare possessed completely or partially, indirectly, by the people mentioned in article 3, paragraph 1 of this law, or
bhave been used, have facilitated or have impacted in a certain way in the realization of the illegal activities by the people mentioned in article 3, paragraph 1 of this law.