(1) any drug offense proceeds (except for those involved in an offense referred to in Paragraph 2 (6) or (7) of Article 2)

(2) any property derived from drug offense proceeds (except for that obtained through the possession or disposition of drug offense proceeds involved in an offense referred to in paragraph 2 (6) or (7) of Article 2)

(3) any drug offense proceeds or the like involved in an offense specified in Paragraph 1 or Paragraph 2 of Article 6 or in Article 7

(4) any property yielded or obtained through or obtained in reward for the commission of an offense specified in Paragraph 1 or Paragraph 2 of Article 6 or in Article 7

(5)any property obtained as the fruit of or in exchange for any property specified in the preceding two items, any property obtained in exchange for any such property so obtained, and any other property obtained through the possession or disposition of any property specified in the preceding two items

2. Notwithstanding the provision of the preceding paragraph, the confiscation of any property specified in the preceding paragraph may be avoided if it is deemed to be inappropriate in light of the nature of the property in question, the conditions of its use, the existence of rights to such property of any person other than any of the parties to the offense and other circumstances.

3. Any property enumerated in the following may be confiscated

(1) any drug offense proceeds (only those involved in an offense referred to in Paragraph 2 (6) or (7) of Article 2)

(2) any property derived from drug offense proceeds (only that obtained through the possession or disposition of drug offense proceeds involved in an offense referred to in Paragraph 2 (6) or (7) of Article 2)

(3) any drug offense proceeds or the like involved in an offense specified in Paragraph 3 of Article 6

(4)any property yielded or obtained through or obtained in reward for the commission of an offense specified in Paragraph 3 of Article 6

(5)any property obtained as the fruit of or in exchange for any property specified in the preceding two items, any property obtained in exchange for any such property so obtained, and any other property obtained through the possession or disposition of any property specified in the preceding two items

### (Confiscation, etc. of Property in which Drug Offense Proceeds or the Like Are Mingled)

## Article 12

The provisions of Article 14 and Article 15 of the Law concerning the Punishment of Organized Crimes and Control of Criminal Proceeds, etc. (Law No. 136 of 1999; hereinafter referred to as the "Organized Crime Punishment Law") shall apply mutatis mutandis to any confiscation under the provision of the preceding article. In this case, the term "items of Paragraph 1 of the preceding article" in Article 14 of the Organized Crime Punishment Law shall be read as "items of Paragraph 1 of Article 11 of the Law concerning Special Provisions for the Narcotics and Psychotropics Control Law, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conducts and Other Activities Involving Controlled Substances Through International Cooperation."

## (Forfeiture)

## Article 13

When any property to be confiscated under the provision of Paragraph 1 of Article 11 is not confiscable or is not confiscated in accordance with the provision of Paragraph 2 of the same article, any of the offenders in question shall be subject to forfeiture of an amount of money equivalent to the value of such property.

2. When any property specified in Paragraph 3 of Article 11 is not confiscable or the confiscation of such property is deemed to be inappropriate in light of the nature of the property in question, the conditions of its use, the existence of rights to such property of any person other than any of the parties to the offense or other circumstances, any of the offenders in question may be subject to forfeiture of an amount of money equivalent to the value of such property.

## (Presumption of Drug Offense Proceeds)

## Article 14

With respect to drug offense proceeds involved in the offenses designated in Article 5, any property obtained by any offender of any such offense during a period in which the offender in question was professionally engaged in any of the activities enumerated in the items of Article 5 shall be presumed to be drug offense proceeds if the value of the property in question is deemed to be dis-