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各国文本对照内容

安提瓜和巴布达岛第31条

录入者:xyq 日期:2016-9-4 19:48:29 人气:12 评论:0

        The Prevention of Corruption Act 2004, sets forth in its section 8 the legal mechanism that permits the court, upon conviction under sections 3, 4, 5, 6 or 7 of the act, to order the confiscation of items acquired as a result of the offence or used in the commission of the offence. This includes the freezing, seizure, confiscation and forfeiture of criminal property or proceeds and includes all property, equipment or other instrumentalities used in the commission of the offence. Where a person is convicted of a scheduled offence under the Proceeds of Crime Act 1993 as amended, the Director of Public Prosecutions can apply for a forfeiture order against tainted property or a confiscation order in respect of the benefit derived from the commission of the offence. Civil recovery is allowed for under section 12 of the Proceeds of Crime, amended as of 22 May 2014. The Attorney General on application can recover property which is or represents property obtained through unlawful conduct, or used in or is intended to be used in or in connection with unlawful conduct. These proceedings are based on the civil standard of proof. The Money Laundering (Prevention) Act 1996 as amended, allows for a defendant’s property that is subject to a freeze order to be forfeited where the defendant has been convicted of a money-laundering offence. Monies that are forfeited or confiscated or proceeds from the sale of property that is forfeited under the Money Laundering (Prevention) Act 1996 as amended is placed into the Forfeiture Fund, after the deduction of 20 per cent management expenses, which are paid into a Consolidated Fund, under the administration and control of the Minister of Finance. On bank secrecy, bank records and documents can be obtained by way of a court order pursuant to section 15 of the Money Laundering Prevention Act 1996 as amended and section 42 of the Proceeds of Crime Act 1993 as amended.

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