(1) If for reasons of fact no person can be prosecuted or convicted of the offence, confiscation or deprivation of the object or the monetary value or destruction must or may be independently ordered if the conditions under which the measure is prescribed or available otherwise are met.

(2) Subsection (1) above shall, under the provisions of section 74(2) No 2, (3) and section 74d, apply if

1.  prosecution of the offence is barred by the statute of limitations; or

2.  for other reasons of law no person may be prosecuted and the law does not provide otherwise.

Deprivation or destruction must not be ordered in the absence of a request or authorisation to prosecute or a request by a foreign state.

(3) Subsection (1) above shall apply if the court orders a discharge or if the proceedings are terminated pursuant to a provision allowing this in the discretion of either the public prosecution service or the court or with their mutual agreement.