(1) If a third party had title to the property or to the right ordered deprived at the time the decision on deprivation or destruction became final or if the object was encumbered by a right of a third party which was extinguished or prejudiced by the decision, the third party shall be adequately compensated in money from the public treasury, taking into consideration the fair market value.

(2) Compensation shall not be granted if

1.  the third party at least with gross negligence contributed to the property or the right being the object of or being used for the act or its preparation,

2.  the third party acquired the objects or the right dishonestly with knowledge of the circumstances that would have allowed their deprivation, or

3.  it would be lawful under the circumstances which justified the deprivation or destruction, to deprive the third party permanently of the object and without compensation on the basis of provisions outside the criminal law.

(3) In cases under subsection (2) above the court may grant compensation to the extent that it would constitute an undue hardship to deny it.