4. The provisions of compulsory execution in respect of claim secured for confiscation shall apply to compulsory execution in respect of other property right (Such term means other property right provided for in Paragraph 1 of Article 167 of the Civil Execution Law.) secured for confiscation.

## Article 36 (Deposit by third obligor)

When an attachment order or an attachment disposition in respect of any money claim secured for confiscation is served on the obligor (hereinafter referred to as "third obligor"), such third obligor may deposit the sum of money equivalent to the full amount of such claim with a deposit office located at the place where the performance of such obligation is to be made.

2. The third obligor shall notify the court which has issued the securance order for confiscation of such effect when such obligor makes the deposit in accordance with the provisions of the preceding paragraph.

3. If the deposit in accordance with the provisions of Paragraph 1 of this article is made, the execution court which issued an attachment order or the court clerk which effected an attachment shall make the distribution of proceeds or the delivery of payment money with respect to such part of the deposited sum that is equivalent to the amount of the money claim secured for confiscation when the securance of confiscation becomes invalid or the substitute money is paid, and with respect to the rest when the deposit is made.

4. The provisions of Paragraphs 1 and 2 of this article shall apply mutatis mutandis to the deposit by the third obligor when securance of confiscation is made in respect of any money claim attached under the provisions of compulsory execution. In such case, "the court which has issued the securance order for confiscation" in Paragraph 2 of this article shall be read as "the execution court (the court clerk who effected the attachment when the attachment has been effected)".

5. In applying the provisions of Article 165 (including mutatis mutandis application of such provisions in Article 165 (except for items 3 and 4) of the Civil Execution Law in Article 167-14 of that law; the same shall apply hereinafter in this paragraph) of that law when the deposit is made pursuant to the provisions of Paragraph 1 of this article (including mutatis mutandis application of such provisions in the preceding paragraph), "Paragraph 1 of Article 156" in Article 165(1) of the same Law shall be read as "Paragraph 1 of Article 36 (including mutatis mutandis application of such provisions in Paragraph 4 of the same article) of the Law concerning Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters".

## Article 37 (Restriction on confiscation of property under compulsory execution)

Adjudication of confiscation may not be made in respect of any property, when a decision to commence compulsory auction or attachment under the provisions of compulsory execution has been made in respect of such property before the securance of confiscation is made; provided that this shall not apply if the claim of the execution creditor is a disguise or the execution creditor has made the application for the compulsory execution while knowing that such property is the property subject to confiscation, or the execution creditor is a party to the offence.

2. Any superficies or other right, which exists on any property subject to confiscation and the disposition of which has been proscribed by a collateral securance order, shall be left as it stands when such property is confiscated and such effect shall be declared together with the pronouncement of the confiscation, if a decision to commence compulsory auction or attachment under the provisions of compulsory execution has been made in respect of such right before such proscription of disposition is made; provided that this shall not apply if the claim of the execution creditor is a disguise or the execution creditor has made the application for the compulsory execution while knowing that such right will be extinguished as the result of the confiscation, or the execution creditor is a party to the offence.

3. If a decision to commence compulsory auction or attachment under the provisions of compulsory execution has been made in respect of any property before a securance order for confiscation is issued in respect of such property, an adjudication of confiscation of such property may not be made, unless the execution creditor (except for the defendant) is permitted to intervene in the proceeding of the defendant's case. The same shall apply to the confiscation of property provided for in the preceding paragraph.

4. The provisions of Paragraphs 4 and 5 of Article 18 shall apply mutatis mutandis when an adjudication of confiscation without a declaration provided for in Paragraph 2 of this article with respect to such right that shall be left as it stands in accordance with the provisions of the same paragraph becomes finally binding, and the provisions of Paragraph 6 of Article 20 to the procedure of