「CRIMINAL ACT」
1. A thing which has been used or was sought to be used in the commission of a crime;
2. A thing produced by or acquired by means of criminal conduct;
3. A thing received in exchange for a thing mentioned in subparagraph 1 or 2.
(2) When the things mentioned in paragraph (1) cannot be confiscated, the equivalent
price thereof shall be collected.
(3) When only a part of documents, pictures, special media records, such as
electromagnetic records, or valuable security is subject to confiscation, that part shall be
destroyed.
[This Article Wholly Amended on Dec. 8, 2020]
Article 49 (Additional Character of Confiscation) Confiscation shall be imposed in addition to
other punishment. Even though a judgment of conviction is not rendered against an
accused, confiscation may be ordered when the requisites of confiscation are satisfied.
Article 50 (Severity of Punishments) (1) The severity of punishments shall be in the order of
the subparagraphs of Article 41: Provided, That imprisonment without labor for an
indefinite term shall be deemed to be more severe than imprisonment with labor for a
limited term; and when the maximum term of imprisonment without labor for a limited
term exceeds the maximum term of imprisonment with labor for a limited term, the
imprisonment without labor shall be deemed to be the more severe.
(2) In case of punishments of the same kind, the one having a longer maximum term or
larger maximum amount shall be deemed to be more severe, and when the maximum
term or amount is equal, the one having the longer minimum term or larger minimum
amount shall be deemed to be more severe.
(3) Except for the application of paragraphs (1) and (2), severity shall be determined by the
nature and circumstances of the crime.
[This Article Wholly Amended on Dec. 8, 2020]
SECTION 2 Determination of Punishment
Article 51 (General Principles for Determination of Punishment) In determining punishment,
the following shall be taken into consideration:
1. The age, character and conduct, intelligence and environment of the offender;
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