before the commission of the offence or has unknowingly acquired such right after the commission of the offence.

## Article 16 (Collection of equivalent value)

When any property enumerated in items of Paragraph 1 of Article 13 is neither immovable property, movable property nor money claim or cannot be confiscated for any other reasons or when the confiscation of such property is deemed to be inappropriate in the light of the nature of such property, the conditions of its use, the existence of right of any person other than any of the parties to the offence to such property and other circumstances, money equivalent to the value of such property may be collected from any of the parties to the offence; provided that this shall not apply when the property is crime victim property.

2. Notwithstanding the provision of the proviso of the preceding paragraph, when any of the items of paragraph 3 of Article 13 applies, money equivalent to the value of such property of a crime victim may be collected from any of the parties to the crime.

3. When any property to be confiscated under the provisions of Paragraph 4 of Article 13 cannot be confiscated or is not confiscated in accordance with the provisions of Paragraph 5 of the same article, money equivalent to the value of such property shall be collected from any of the parties to the offence.

### Article 17 (Penalty against employer, etc.)

When any representative of a juristic person, or any agent, employee or other person engaging in the business of a juristic or natural person commits any offence provided for in Paragraphs 1 through 3 of Article 9, Article 10 or 11 in connection with the business of such juristic or natural person, the fine provided for in each of such respective article shall be imposed on such juristic or natural person in addition to punishing the actor.

## CHAPTER III SPECIAL PROVISIONS FOR CONFISCATION PROCEDURES AND FOR OTHER MATTERS

## Article 18 (Confiscation procedures for third person's property and other matters)

When any claim and others ("Claim and others" means any property other than immovable or movable properties. The same shall apply in Paragraph 1 of Article 19 and in Article 21.) which is illicit property belongs to any person other than the defendant (hereinafter referred to as the "third person" in this article), the court may not order the confiscation unless such third person is permitted to intervene in the proceedings of the defendant's case.

2. The provisions of the preceding paragraph shall apply when any property on which the superficies, hypothec or any other third person's right exists is to be confiscated pursuant to the provisions of Article 13 and when such third person is not permitted to intervene in the proceedings of the defendant's case.

3. When any property on which the superficies, hypothec or any other third person's right exists is confiscated, if the court determines that such right shall be left as it stands pursuant to the provisions of Paragraph 2 of Article 15, the court shall declare such determination at the time of the pronouncement of the confiscation.

4. When an adjudication of confiscation without the declaration provided for in the preceding paragraph in respect of any right, which shall be left as it stands pursuant to the provisions of Paragraph 2 of Article 15, becomes finally binding, any person having such right may apply for an adjudication to the effect that such right is a right which shall be left as it stands if such person has not been able to claim such person's right in the proceedings of the defendant's case due to a cause that may not be attributable to such person.

5. If the adjudication provided for in the preceding paragraph is made, such person shall be compensated in accordance with the provisions of the Criminal Compensation Law (Law No. 1 of 1950) concerning the compensation for confiscated things which have been disposed of.

6. Except as otherwise provided for in this Law, the provisions of the Law on Temporary Measures concerning Procedures for Confiscation in Criminal Proceedings of Things Owned by Third Persons (Law No. 138 of 1963) shall apply mutatis mutandis to the procedures for confiscation of property provided for in Paragraphs 1 and 2 of this article.

### Article 18-2 (Confiscation Procedures for the Property of a Crime Victim, etc.)

When a court confiscates any property of a crime victim pursuant to the provision of paragraph 3 of Article 13 or collects money