1. The judge or court may order the confiscation provided for in the preceding articles even without a conviction, when the illicit financial situation is proven in adversarial proceedings and one of the following circumstances applies:
a) The individual has died or suffers from a chronic illness that prevents their prosecution and there is a risk that the statute of limitations may expire;
b) they are a fugitive and this prevents the facts from being prosecuted within a reasonable time; or
c) they are not subject to punishment because they are exempt from criminal liability or because such liability has been extinguished.
2. The confiscation referred to in this article may only be directed against someone who has been formally charged or against a suspect against whom there are reasonable grounds to suspect criminal activity when the situations referred to in the preceding paragraph have prevented the continuation of the criminal proceedings.