Section 37.- If the person who is ordered by the Court to deliver the forfeited property does not deliver it within the time determined by the Court, the Court shall have the power to give order as follows :

(1) To seize such property ;

(2) To pay its value, or to seize other property of such person to compensate for its value in full ; or

(3) In case of the Court is of opinion that such person can deliver the property ordered to be delivered, but does not deliver it, or such person can pay its value, but does not pay, the Court shall have the power to confine such person until such person complies with the order, but the period of confinement shall not exceed one year. But, if, afterwards, it appears to the Court itself or by the submission of such person that such person cannot deliver the property or pay its value, the Court may give order to release such person before the expiration of such period.

 

Section 38.- The punishment shall terminate on the death of the offender.

 

PART 2

MEASURES OF SAFETY

 

Section 39.- The measures of safety are as follows:

(1) Restriction ;

(2) Prohibition to enter a specified area ;

(3) To execute a bond with security for keeping the peace ;

(4) To restraint in an institution of treatment ;

(5) Prohibition to exercise certain occupation.

 

Section 40.- Restriction is a detention of a habitual criminal offender within a specified area in order to prevent him or her from committing offenses, to reforming one's character, and for training one's occupation.

 

Section 41.- Any person who has been sentenced to Restriction, or has been sentenced to imprisonment of not less than six months for not less than twice, for the following offences :

(1) Offences relating to Public Peace as provided in Section 209 to Section 216 ;

(2) Offences relating to Causing Public Dangers as provided in Section 217 to Section 224 ;

(3) Offences relating to Currencies as provided in Section 240 to Section 246 ;

(4) Offences relating to Sexuality as provided in Section 276 to Section 286 ;

(5) Offences Causing Death as provided in Section 288 to Section 290, and Section 292 to Section 294 ;

(6) Offences Against Body as provided in Section 295 to Section 299 ;

(7) Offences Against Liberty as provided in Section 309 to Section 320 ;

(8) Offences Against Properties as provided in Section 334 to Section 340, Section 354 and Section 357 ; and, within ten years from the day of having passed over the restriction or the punishment, as the case may be, such person commits any of such specified offences again so that the Court sentences such person to imprisonment of not less than six months for such offence, the Court may regard such person as a habitual criminal and may sentence such person to restriction for not less than three years and not more than ten years.

The offence committed by an offender at the time when such offender is not yet over seventeen years of age shall not be deemed as an offence to be taken into consideration for restriction according to this Section.