①If a claim, etc. (meaning assets other than real property and movables; the same applies in Article 34) that falls under the assets stated in each item of Article 21, paragraph (13) belongs to a person other than the accused (referred to as "third party" in this Article below), and the third party is not permitted to participate in the proceedings of the case under public prosecution, a judicial decision for confiscation may not be made.

②The provisions of the preceding paragraph also apply if the assets encumbered by superficies, a mortgage, or any other rights of a third party are to be confiscated pursuant to the provisions of Article 21, paragraph (13) and the third party is not allowed to participate in the proceedings of the case under public prosecution.

③The provisions of Article 18, paragraphs (3) through (5) of the Organized Crime Punishment Act apply mutatis mutandis to cases where the assets encumbered by superficies, a mortgage, or any other rights of a third party are to be confiscated and the relevant rights should continue to exist pursuant to the provisions of Article 15, paragraph (2) of the Organized Crime Punishment Act as applied mutatis mutandis pursuant to Article 21, paragraph (14).

④Except as otherwise provided by this Act, the provisions of the Act on Emergency Measures on Criminal Procedure to Confiscate Items Owned by Third Parties (Act No. 138 of 1963) are to apply mutatis mutandis to the procedures for the confiscation of assets prescribed in paragraphs (1) and (2).

The provisions of Articles 18-3 and 19 of the Organized Crime Punishment Act apply mutatis mutandis to confiscation under Article 21, paragraph (13), and the provisions of Article 20 of the Organized Crime Punishment Act apply mutatis mutandis to cases where the registration of a transfer of rights is commissioned to the relevant organization based on a judicial decision to confiscate the assets for which registration is required in the case of a transfer of rights. In such cases, the phrase "registration, etc. pertaining to" in the same Article is to be replaced with "registration or recording pertaining to", and the phrase "Section 1 of the following Chapter" is to be replaced with "Chapter VIII of the Unfair Competition Prevention Act".

①If a person violates, without justifiable grounds, an order under the proviso of Article 18-3 of the Organized Crime Punishment Act as applied mutatis mutandis in the preceding Article, the person that has committed the violation is subject to imprisonment for not more than three years, a fine of not more than 2.5 million yen, or both.

②If the representative of a corporation, or the agent, employee, or other worker of a corporation or of any person has committed the violation referred to in the preceding paragraph with regard to the business of the corporation or the person, the corporation or the person is to be subject to the fine prescribed in that paragraph in addition to the offender being subject to punishment.

The provisions of Article 4, paragraph (6) of the Criminal Compensation Act (Act No. 1 of 1950) apply mutatis mutandis to the contents of compensation under the same Act with regard to the enforcement of confiscation of claims, etc.