Article 26 (Payment of Substitute Money)

Upon application by a person who owns the property secured for confiscation, the court may, by a decision, determine the sum of money equivalent to the value of such property (hereinafter referred to as "substitute money") and permit the payment of such sum as a substitute for such property secured for confiscation, if the court deems it appropriate.

2. The court shall hear an opinion of the public prosecutor when it makes a decision provided for in the preceding paragraph.

3. An immediate kokoku appeal may be lodged against a decision provided for in Paragraph 1 of this article.

4. If a payment of substitute money is made, the securance of confiscation shall be deemed to be made in respect of such substitute money.

## Article 27 (Securance of confiscation of immovable property)

Securance of confiscation of any immovable property (Such term means immovable property provided for in Paragraph 1 of Article 43 of the Civil Execution Law (Law No. 4 of 1979.) and such property that is deemed to be immovable property by virtue of the provisions of Paragraph 2 of the same article. The same shall apply in this article except for the main clause of Paragraph 7, in the succeeding article, in Paragraph 1 of Article 29 and in Paragraph 1 of Article 35.) shall be made by issuing a securance order for confiscation which proscribes its disposition.

2. Certified copies of the securance order for confiscation provided for in the preceding paragraph and of the writing of an adjudication for the renewal pursuant to the provisions of Paragraph 4 of Article 23 (hereinafter referred to as "certified copy of the renewal adjudication") shall be served on the owner of the immovable property (Such owner means, with respect to a right deemed to be immovable property by virtue of Paragraph 2 of Article 43 of the Civil Execution Law, a holder of the right, and includes the nominal holder if the nominal holder different from the actual holder exists.).

3. A securance order for confiscation of any immovable property shall be executed by entering a registration of the securance of confiscation.

4. The registration provided for in the preceding paragraph shall be requested by a public prosecutor's assistant officer. In such case, a request shall be made pursuant to a document with which the public prosecutor instructs the execution of the securance order for confiscation.

5. Securance of confiscation of any immovable property shall enter into effect when the registration of the securance of confiscation is entered.

6. When securance of confiscation of any immovable property enters into effect, a public prosecutor shall take a measure for public notice of such effect by posting a notice at the site of such immovable property or in other appropriate manner.

7. When a registration of securance of confiscation is entered after a registration of provisional disposition proscribing the disposition for the purpose of securing a claim for registration with respect to the immovable property has been entered, the restriction of disposition, for which such registration of securance of confiscation is made, shall not be deemed to be in conflict with the acquisition or extinguishment of the right for which the registration of such provisional disposition has been made, if the claimant of such provisional disposition makes a registration in respect of such claim for registration; provided that this does not apply in the case where the owner of the immovable property in the registration of securance of confiscation is the person who cannot set up against the claimant with regard to the acquisition of the right.

8. The provisions of Paragraph 2 of Article 46 and Paragraph 2 of Article 48 of the Civil Execution Law shall apply mutatis mutandis to securance of confiscation of any immovable property. In such case, "an obligor" in Paragraph 2 of Article 46 of the same Law shall be read as "a person who holds the property secured for confiscation", and "the preceding paragraph" and "an execution court" in Paragraph 2 of Article 48 as "Paragraph 4 of Article 29 of the Law concerning Punishment of Organized Crimes, Control of Crime Proceeds and Other Matters" and "a public prosecutor of a public prosecutors office to which the public prosecutor's assistant officer having requested the registration belongs" respectively.

### Article 28 (Securance of confiscation of vessel, etc.)

The provisions for securance of confiscation of any immovable property shall apply mutatis mutandis to securance of confiscation of any registrable vessel, any aircraft and rotary-wing aircraft registered pursuant to the provisions of the Aviation Law (Law No. 231 of 1952: Such aircraft shall be referred to simply as an "aircraft" in Paragraph 1 of Article 35.), any automobile registered