Paragraph 1 of the same article to the restriction on confiscation of any property which has been attached pursuant to the provisions of disposition for arrears of taxes before the securance of confiscation is made, or in respect of which securance of confiscation is made after a decision of commencement of bankruptcy proceedings, etc. has been made with respect to any person holding such property or a decision to commence reorganization procedure, etc. has been made with respect to a corporation or any other juristic person holding such property; and the provisions of the main clause of Paragraph 2 of the same article to the restriction on confiscation of any property, the superficies or other right existing on which has been attached pursuant to the provisions of disposition for arrears of taxes before the disposition is proscribed by a collateral securance order, or the disposition of the superficies or other right existing on which is proscribed by a collateral securance order after a decision of commencement of bankruptcy proceedings, etc. has been made with respect to any person holding such superficies or other right or a decision to commence reorganization procedure, etc. has been made with respect to a corporation or any other juristic person holding such superficies or other right.

4. The provisions of Article 38 shall apply mutatis mutandis to the stay of compulsory execution when a securance order for confiscation is issued or is going to be issued in respect of any property provisionally attached.

### Article 41 (Validity, etc. of collateral securance order)

A collateral securance order shall be valid while the securance of confiscation, for which such order is issued, is valid; provided that this shall not apply if the substitute money is paid.

2. Except as otherwise provided for, the provisions for securance of confiscation shall apply mutatis mutandis to the proscription of disposition by a collateral securance order.

### Part 2. Securance of Collection of Equivalent Value

## Article 42 (Securance order for collection of equivalent value)

A court may, either upon application by a public prosecutor or ex officio, proscribe the defendant to dispose of any property of the defendant by issuing a securance order for collection of equivalent value, when the court finds that there is a reasonable ground to deem that a criminal case involving any offence provided for in the Schedule, (A) through (D) of Item 2 of Paragraph 2 of Article 2, Item 3 or 4 of the same paragraph, Paragraphs 1 through 3 of Article 9, Article 10 or Article 11 pending before it falls under a case with respect to which collection of equivalent value shall be made under the provisions of this Law or any other law or regulation and that there is a possibility that the execution of collection of equivalent value may become impossible or be seriously hampered.

2. A securance order for collection of equivalent value shall contain the determination of the sum of money which the court deems necessary to secure for the execution of the adjudication of collection of equivalent value (referred to as the "sum to be secured for the collection of equivalent value" in Paragraph 4 of this article) and shall be issued in respect of specific property; provided that the order may be issued without specifying the subject in so far as movable property is concerned.

3. A securance order for collection of equivalent value shall contain the determination of the sum of money (hereinafter referred to as the "money for the release from securance of collection of equivalent value") which the defendant is required to pay in order to obtain the stay of execution of the securance of collection of equivalent value or the revocation of the disposition for the execution of the securance order for collection of equivalent value in respect of the property, the disposition of which is to be proscribed.

4. A securance order for collection of equivalent value shall contain the name of the defendant, the identification of the offence, the gist of the facts constituting the offence charged against the defendant, the provisions of the law or regulation enabling the collection of equivalent value, the sum to be secured for the collection of equivalent value, the identification of the property disposition of which is to be proscribed, the sum of money for the release from securance of collection of equivalent value, the date of issuance and other matters provided for in the Supreme Court Rule, and the name and seal of the presiding judge or a commissioned judge shall be affixed to it.

5. The provisions of Paragraph 4 and 5 of Article 22 shall apply mutatis mutandis to securance of collection of equivalent value (Such term means the proscription of disposition by a securance order for collection of equivalent value. The same shall apply