If in proceeding under the provisions relating to the making of a confiscation order1 the court has decided that the defendant2 has a criminal lifestyle3 but has not benefited from his general criminal conduct4, or that the defendant does not have a criminal lifestyle and has not benefited from his particular criminal conduct5, and:
(1) there is evidence which was not available to the prosecutor when the court decided that the defendant had not benefited from his general or particular criminal conduct6, before the end of the period of six years starting with the date of conviction the prosecutor
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