5.3.4.3 Confiscation

In respect of all of the abovementioned active and passive bribery offences, so-called 'ordinary confiscation' canbe imposed.1 This is a penal sanction which can be applied, upon the defendant's conviction to objects obtained directly from the criminal offence (in whole or in part), and/or to the instruments used or intended to be used to commit or prepare the offence. Furthermore, it should also be noted that in the case of a custodial sentence being imposed, in addition thereto a fine may be imposed, even where the provision itself mentions a prison sentence or a fine.2