1During the adjudication of a request for confiscation, the provisions of the Code of Criminal Procedure are applied to the extent possible.

2Upon request of the prosecutor, the court may also proceed with the adjudication in cases when the person does not have a known residence within the country, has left the country or, despite all the searches made, is not found. In this case, the court orders the failure of finding the person, designating a defence lawyer for him. The defence lawyer may be designated by the court on its own initiative or be selected by the relatives of the person.

3When during the judicial examination it comes out that the sequestered assets belong to third persons, the court, even on its own initiative, by a reasoned decision, calls them to intervene in the proceedings.

4Within the time period designated by the court, the third person has the right to present his claims in the hearing, as well as to seek that other necessary data be received. The prosecutor shall carry out any necessary investigation to the effect of verifying these allegations.

5When it is verified that the assets have been transferred or registered in the name of third parties by fictitious or simulated legal actions, the court finds their invalidity. For this purpose, when the contrary is not proven, the following are also presumed to be fictitious or simulated.

atransfers and registrations in the name of third parties and with an encumbered title done within two years before the submission of the request to take a preventive measure against the related persons;

btransfers and registrations in the name of third parties and with a title being free of charge or obviously below the market value done within two years before the submission of the request to take the preventive measure.