3. Notwithstanding the provision of the preceding paragraph, when any of the following applies, the property of a crime victim (including part of the property listed in each of the items of paragraph 1 when such part is the property of a crime victim; hereinafter the same shall apply in this paragraph) may be confiscated:

(1) When any of the crimes listed in the items of the preceding paragraph is committed either as an activity of a group or with the purpose prescribed in paragraph 2 of Article 3, or when it is otherwise found to be difficult, in light of the nature of the crime, to exercise a claim for damages or other claims against any of the parties to the crime with respect to the recovery of damage caused by any of the crimes listed in the items of the preceding paragraph,

(2) When any fact is disguised with respect to the acquisition, disposition or source of the property of a crime victim or an act in concealment of the property of a crime victim has been committed, or

(3) When an act of knowingly receiving the property of a crime victim has been committed.

4. Any property enumerated in the following shall be confiscated; provided that when any offence provided for in Paragraphs 1 through 3 of Article 9 is in respect of any property in which drug crime proceeds or property obtained through the possession or disposition of drug crime proceeds undistinguishably mixes with any other property and when the confiscation of the whole of any property enumerated in the following is deemed inappropriate, a part of such property may be confiscated.

(1) share involving a position of a shareholder or the like involving an offence provided for in Paragraph 1 of Article 9, acquired by means of drug crime proceeds or the like

(2) any claim involving an offence provided for in Paragraph 2 or 3 of Article 9 acquired by means of drug crime proceeds or the like (drug crime proceeds or the like when the claim is for the return of property which is the drug crime proceeds or the like by means of which the claim has been acquired)

(3) any property obtained through or obtained in reward for a criminal act provided for in Paragraphs 1 through 3 of Article 9 by means of drug crime proceeds or the like

(4) any property obtained as the fruit of or in exchange for any property provided for in the preceding three items, property obtained in exchange for any such property so obtained or any other property obtained through the possession or disposition of any property referred to in the preceding three items

5. Notwithstanding the provisions of the preceding paragraph, any property referred to in the preceding paragraph need not be confiscated 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.

Article 14 (Confiscation of property in which crime proceeds or the like are undistinguishably mixed with other property and other matters)

When property referred to in items of Paragraph 1 or 4 of the preceding article (hereinafter referred to as "illicit property") is undistinguishably mixed with any property other than illicit property, a part of such property produced by such mixture (referred to as "mixed property" in Paragraph 1 of the succeeding article) equivalent to the amount or quantity of such illicit property (Such illicit property is limited to the portion so mixed.) may be confiscated if such illicit property is to be confiscated.

## Article 15 (Condition of confiscation and other matters)

The confiscation pursuant to the provisions of Article 13 may be made only when the illicit property or mixed property does not belong to any person other than any of the parties to the offence; provided that the illicit property or mixed property belonging to any person other than any of the parties to the offence may be confiscated when such person other than any of the parties to the offence has knowingly acquired such illicit property or mixed property after the commission of the offence (except when the person has received such illicit property or mixed property offered for the performance of an obligation under a law or regulation or offered for the performance of an obligation under a contract (Such contract shall be limited to that under which a creditor is to offer substantial property interest.) at the time of the conclusion of which such person did not know that the obligation under such contract would be performed with illicit property or mixed property).

2. When any property, on which the superficies, hypothec or any other right exists, is to be confiscated pursuant to the provisions of Article 13, such right shall be left as it stands if any person other than any of the parties to the offence has acquired such right