(1) If no particular person can be prosecuted for the regulatory offence on factual grounds, nor a regulatory fine be imposed on a particular person, the confiscation of the object, or of its substitute value, may be ordered in its own right if the prerequisites permitting such measure are fulfilled in all other cases.
(2) Subsection (1) also applies subject to section 22 (2) number 2, or subsection (3), if
1. prosecution of the regulatory offence is barred by the period of limitation, or
2. otherwise for legal reasons no particular person can be prosecuted,
and no statute provides otherwise.
Confiscation may not however be ordered in the absence of a request or authorisation.
(3) Subsection (1) also applies if, in accordance with section 47, the prosecuting authority refrains from prosecuting the regulatory offence, or if the court stays the proceedings.