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《联合国反腐败公约》

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各国文本对照内容

塞浦路斯第31条

录入者:xyq 日期:2016-9-5 15:34:27 人气:8 评论:0

        The confiscation regime is set out in the AML Law, according to which confiscation can be applied to any criminal act that constitutes a predicate offence for money-laundering purposes. Value-based confiscation may be imposed in relation to any “realisable property”, as defined in section 13 of the AML Law, which covers any property held either by the accused or by another person to whom the accused has directly or indirectly made a “prohibited gift”.In order to secure property for the purpose of confiscation, the AML Law provides for “interim orders”, such as restraint and charging orders to freeze and secure realizable property. Confiscation is conviction-based (section 6 of the AML Law), but under certain conditions (section 33) in rem confiscation without conviction is possible. Instrumentalities used and destined for use in crimes are also subject to confiscation (section 8(1)(b) of the AML Law), together with “secondary” proceeds of crime (transformed or converted property and intermingled property). The rights of bona fide third parties are protected (section 3(4)(b)). Section 7 of the AML Law provides that the court may assume, unless the contrary is proved by the accused, that any property acquired by the accused after the commission of the predicate offence or transferred to his/her name at any time during the last six years prior to the commencement of criminal proceedings against him/her, was acquired in connection with the commission of the offence. After a confiscation order is made, the court may, on the application of the prosecution, appoint a receiver for the “realization” of the property in order to satisfy the confiscation order. Sections 17-24 of the AML Law set out the procedure to be followed. The role of the receiver is entrusted to the Ministry of Commerce.

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