A third person, whose property may be confiscated, can apply to the court to participate in the confiscation procedure, before the end of oral argument in the fact-finding trial of the case.
The application, as mentioned in the preceding paragraph, should include the following matters in writing:
1. The case summary, and the defendant's name, gender, birth date, identity document number, or other relevant feathers sufficient to identify the defendant.
2. Reasons for participating in the confiscation process.
3. Indicating the intention of participating in the confiscation process.
If a third person does not apply to the court to participate in the confiscation procedure for the property that may be confiscated, the court should adjudicate ex officio such a third person to participate in the confiscation process where the court deems it necessary. However, these provisions do not apply if such a third person clearly states to the court or the prosecutor that he/she has no objection to the confiscation of his/her property.
The provisions of the preceding three paragraphs should apply mutatis mutandis to cases conducted in private prosecution procedure, summary procedure, or negotiation procedure.

If the prosecutor has sufficient reason to believe that a third person's property should be confiscated, the prosecutor should notify such a third person before initiating the public prosecution, giving such a person the opportunity to state his/her case.
If the prosecutor deems that a third person's property should be confiscated when initiating a public prosecution, such intention should be stated in the indictment, and such a third person should be notified immediately of the following matters:
1. The case summary and its jurisdictional court.
2. The defendant's name, gender, birth date, identity document number, or other relevant feathers sufficient to identify the defendant.
3. The name, type, quantity, and other specification that should be noted concerning the property to be confiscated.
4. The essential facts and evidence that constitute the grounds for confiscation.
5. The purpose that the prosecution should petition the court of jurisdiction to notify the third person to participate in the confiscation procedure.
If the prosecutor deems that a third person's property should be confiscated during the trial, the prosecutor may submit such a request in verbal or written statement to the court.

Concerning participation in the confiscation procedure, the court should notify the applicant, the parties of the case, the party's agent, defense attorney, or assistant in advance, giving them the opportunity to state their case before the ruling.

The court may exempt cases, where the time and cost required for investigation of evidence do not commensurate with the request for confiscation value, after obtaining agreements from the prosecutor, or agent of the private prosecutor.
The prosecutor or agent of the private prosecutor may withdraw the agreement, as mentioned in the provisions of the preceding paragraph, before the end of oral argument in the fact-finding trial of the case.

The court may rule to reject the case if the request to participate in the confiscation procedure is not in accordance with legal formalities, or is not permitted by law, or is groundless. However, if the defect of the legal formalities can be corrected, the court should set a time limit and order such correction.
The court should rule to grant the request, if the court deems that the request to participate in the confiscation procedure is justified.
The ruling as described in the preceding paragraph is final and non-appealable.

The court ruling, concerning the third party's participation in the confiscation procedure, should have statements containing information on the progress of the litigation, reasons for the third party's participation, and the fact that confiscation can take place with or without the third party's appearancein court to give statements.

Once the court has ruled on the participation of a third party in the confiscation procedure, cases that have adopted summary procedure or negotiation procedure, may then apply regular procedure in the trial.

The rights of a defendant in a litigation should apply mutatis mutandis to participants on matters of their confiscated property, unless otherwise stipulated in this Chapter.

The court should notify the confiscation procedure participants of the trial dates and serve them written documents pertaining to confiscating their property.

Participants may appoint an agent to be present. However, the court may, when it deems necessary, order the participants to be present in person.
The provisions of Articles 28 through 30, Article 32, Article 33 Paragraph 1, and Article 35 Paragraph 2 should apply mutatis mutandis to the participant's agent.
For the situation as described in the first paragraph, if it is necessary to order the participant to appear in person, the court should issue a summons; if a legal summons is issued, and the participant is absent without a proper cause, an arrest with a warrant may be ordered.
The provisions of Article 71, Articles 72 through 74, Articles 77 through 83, and Articles 89 through 91 should apply mutatis mutandis to the summoning and the arrest with a warrant of the participant mentioned in the preceding paragraph.

The presiding judge should inform all participants present on the day of the trial of the following matters:
1. The facts that constitute the grounds for confiscation.
2. The progress of the litigation.
3. The participants may appoint an agent to be present.
4. The right to request an investigation on evidence favorable to the defendant.
5. For matters concerning the confiscated property, the rights of a defendant in a litigation should apply mutatis mutandis to participants, unless otherwise stipulated in this Chapter.

Provisions of Article 166 Paragraphs 2 through 6, and Articles 166-1 through 166-6 do not apply to the investigation of evidence pertaining to the confiscation participation procedure.

The participant's oral argument concerning the confiscation of his/her property should be held after the completion of the proceedings of Article 289, and should be conducted following the same sequence.
The court may proceed to deliver a judgment without the participant's statement, if the participant fails to appear in court after being summoned, or notified in accordance with legal procedures; the same action applies to the situation where the participant exits the court without permission, or refuses to give a statement.

If the situation arises where the court deems that a third party should not participate in the confiscation process, after it has already delivered a ruling allowing such a third person to participate, the court should revoke the original ruling.

If the property of the participant is deemed to be confiscated, the participant should be informed of such a judgment; if it is deemed that the property is not to be confiscated, the participant should be informed of such a judgment.
The judgment, as described in the preceding paragraph, should include the main text of such a decision, and the facts and reasons that constitute the confiscation. The evidence on which the facts established in the fact-finding process are based, reasons for such a determination, reasons why evidence conducive to the participant is not adopted, and the applicable law should be recorded separately in the reason section, depending on the circumstances of the case.
The judgment for confiscation, as referred to in the first paragraph, should be delivered at the same time as the judgment of the case. However, if necessary, the judgment may be delivered separately.

If an appeal is filed against the judgment of the case, the effect of the appeal extends to confiscation judgment pertaining to the case; if an appeal is filed against the confiscation judgment, the effect of such an appeal does not extend to the judgment of the case.
When the participant appeals to the second instance court, he/she may not dispute the determined facts of the criminal offense of the original trial, nor of the portion concerning property confiscation. However, such provisions do not apply to the following circumstances:
1. Due to no fault of the participant, he/she did not provide a statement in the original trial on the portion concerning the facts of the crime and confiscation of property, or make a request for investigation of evidence.
2. Persons other than the participant, who may dispute the facts of the crime and have the right to appeal, file a second instance appeal disputing the portion concerning the facts of the crime and the confiscation of the participant's property.
3. The situation, as described in Article 420 Paragraph 1 Subparagraph1, Subparagraph 2, Subparagraph 4 or Subparagraph 5, existed in the original trial.

Unless stipulated otherwise in this Chapter, the provisions of Part 2 Chapter 1 Section 3, Part 3 and Part 4 apply mutatis mutandis to the trial, appeal, and interlocutory appeal of participation in the confiscation procedure.

A third party, whose property is adjudicated to be confiscated by the court, and who, due to no fault of his/her own, did not participate in the confiscation procedure, may file a revocation motion to the court that adjudicated the said judgment within 30 days from the date of his/her learning of the finalized confiscation judgment. However, if it has been more than five years since the final judgment was decided, filing for such a motion is not allowed.
The motion, as described in the preceding paragraph, should include the following information:
1. Case summary.
2. Reasons and evidence for filing the revocation motion of the confiscation judgment.
3. The evidence which proves the observance of the peremptory period.

The judgment which grants a motion to revoke a finalized confiscation judgment, does not have the effect of a stay of execution. However, the prosecutor of the concerned court may order a stay of execution before the ruling of revoking the finalized judgment of property confiscation is delivered.

The court shall notify the applicant, the prosecutor, and the agent of private prosecution, and allow them the opportunity to state their cases on the motion to evoke a finalized judgment of property confiscation.

The court may rule to reject the motion if the request to revoke the finalized confiscation judgment is not in conformance with legal formalities, or if it should not be legally permitted, or if it is groundless. However, if the violation issue in the legal formalities can be rectified, the court shall set a time duration and order for such a rectification.
If the court deems that there is a reason to grant the motion to revoke the finalized confiscation judgment, the court shall adjudicate to revoke the portion of the case concerning finalized confiscation judgment.
The court rulings of interlocutory appeals, as described in the two preceding paragraphs, may be re-appealed.
Unless stipulated otherwise in this Chapter, the provisions of Chapter 4 apply mutatis mutandis to the Interlocutory Appeal and re-appeal of the motion to revoke a finalized confiscation judgment.

After the ruling to revoke the finalized confiscation judgment becomes final, the court shall follow the procedure adopted before setting a case for trial.

For a separate pronouncement of confiscation, the prosecutor should request that the court that has jurisdiction over the district, where the law was violated, or property is located, or property owner's domicile/residence is located, to adjudicate.

The request, as mentioned in the preceding paragraph, should be made in written format by the prosecutor to the court of jurisdiction, and shall include the following items:
1. The name, gender, birth date, domicile/residence, identification document number of the owner of the property to be confiscated, or other information, to adequately identify the case. However, this information may be omitted, if the identity of the property owner is unknown.
2. The name, type, and quantity of the property to be confiscated, and other matters that are sufficient to specifically identify the objects to be confiscated, or the rights of property.
3. The case infraction facts and evidence from which the property confiscation originates, and the articles of law that are involved.
4. The essential facts and evidences that constitute the grounds for pronouncing separate confiscation.

The court may rule to reject the request if it deems that a separate pronouncement of confiscation is not in conformance with legal formalities, or if it should not be legally permitted, or if it is groundless. However, if the violation issue in the legal formalities can be rectified, the court shall set a time duration and order for such a rectification.
The court shall rule to grant the request, if it deems that a separate pronouncement of confiscation is justified.
The court rulings of interlocutory appeals, as described in the two preceding paragraphs, may be re-appealed.

The provisions concerning third party participation in the confiscation procedure stated in this Chapter apply mutatis mutandis to the procedure of separate pronouncement of confiscation.