(1) If the perpetrator has gained something by means of or for an act which may be sanctioned by a regulatory fine, and if a regulatory fine has not been assessed against him or her for the act, then the confiscation of a sum up to the amount of the pecuniary advantage gained may be ordered.
(2) The ordering of the confiscation of a sum up to the amount stated in subsection (1) may be directed against another party who is not the offender if
1. he or she has obtained something by means of an act which may be sanctioned by a regulatory fine, and the offender acted for him or her,
2. what has been acquired
a) was transferred to him or her free of charge or without lawful reason, or
b) was transferred, and he or she recognised, or should have recognised, that what has been acquired originates from an act which may be sanctioned by a regulatory fine, or
3. what has been acquired
a) has passed to him or her as an inheritance, or
b) was transferred to him or her as a person entitled to a compulsory portion or a legatee.
Sentence 1 numbers 2 and 3 do not apply if what has been acquired was previously transferred to a third party who did not recognise, or could not be expected to recognise, that what has been acquired originates from an act which may be sanctioned by a regulatory fine, for a fee and with a lawful reason.
(3) The expenditure of the offender or of the third party is deducted when determining the value of what has been acquired. What was expended or used for the commission of the offence or its preparation is however not allowed.
(4) The extent and value of what has been acquired, including the deductible expenditure, may be estimated. Section 18 applies accordingly.
(5) If no regulatory fining proceedings are initiated against the perpetrator, or if they are discontinued, confiscation may be ordered in its own right.