(1) Confiscation may not be ordered in cases falling under sections 22 (2) numbers 1 and 23 if it is disproportionate to the significance of the act committed or to the reproach attaching to the perpetrator or the third party in cases falling under section 23 affected by the confiscation.
(2) In cases under sections 22 and 23, it is ordered that the confiscation be reserved, and a less incisive measure imposed, if the objective of the confiscation can also be attained thereby. Particular consideration is given to instructions
1. to render the objects unusable,
2. to remove particular fittings or distinguishing marks or otherwise modify the objects, or
3. to deal with the objects in a specified manner.
If the instructions are followed, the reservation on confiscation is lifted; otherwise the court subsequently orders the confiscation.
(3) Confiscation may be limited to a part of the objects.