If 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.
The 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.
The 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).
Except 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).