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Art. 377 Procedure
1 Property or assets that will probably be forfeited in separate proceedings shall be seized. 2 If the requirements for forfeiture are fulfilled the public prosecutor shall order their forfeiture in a forfeiture order; it shall give the person concerned the opportunity to respond. 3 If the requirements are not fulfilled, it shall order the abandonment of the proceedings and return the property or assets to the entitled person. 4 The rejection procedure is governed by the provisions on summary penalty orders. Any decision made by the court shall be issued in the form of a judgment.259 The court’s decision may be contested by appeal.260 259 Second sentence amended by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). 260 Third sentence inserted by No I of the FA of 17 June 2022, in force since 1 Jan. 2024 (AS 2023 468; BBl 2019 6697). |