1The court decides on the confiscation of assets when all the following conditions are fulfilled:

athere are reasonable doubts based on indicia for the participation of the person in the criminal activities provided for in article 3, paragraph 1 of this law;

bit results that the assets are in full or partial possession, directly or indirectly, of the persons referred to in article 3, paragraph 1 of this law;

cit is not proven that the assets have a legal origin or the persons referred to in article 3 of this law, do not manage to justify the possession of the assets or of the incomes which are disproportionate with the level of incomes or of the profits gained through legal resources declared by them.

2In any case, the person cannot justify the asset declaring as its resource incomes or reinvestments which originate from the nonpayment of the taxes.

3In the cases provided for in paragraph 1 of this article, the court decides on the admissibility of the request for the confiscation of the assets even when the charge or the criminal proceeding against the person referred to in paragraph 1 of article 3 of this law is dismissed or he is found innocent, except for the cases when the following is declared in the decision for dismissal or innocence:

athe fact does not exist;

bthe fact is not provided for by law as a criminal offence;

cit results that the defendant has not committed the criminal offence.