《金融情报和反洗钱法》对扣押和没收作了规定,一般地说,自从《资产追回 法》于 2012 年 2 月生效以后,才有了扣押和没收的规定。后者也适用于腐败罪,有利于在无论是否定罪的情况下实行没收。与《金融情报和反洗钱法》不同,它还允许没收因犯罪所得而产生的利润和其他收入。扣押和没收均需要法院作出判决。在对犯罪所得进行处理及犯罪所得与依法取得的资产混合在一起时允许进行没收。
Seizure and confiscation are provided for by the Financial Intelligence and Anti-Money Laundering Act (FIAMLA) and, more generally, since the Asset Recovery Act came into force in February 2012. The latter, which is also applicable to corruption offences, has the advantage of making confiscation possible both on the basis of a conviction and in its absence. Unlike the FIAMLA, it also allows profits and other income from the proceeds of crime to be confiscated. Both seizure and confiscation require a court decision. Confiscation is allowed in cases of processing of criminal proceeds as well as when criminal proceeds are intermingled with legally acquired assets.