Database of Legislation

Money laundering
  • Offences

    • • Conversion/transfer of proceeds of crime
      • Concealment/disguise of nature/ source/ location/… of proceeds of crime
      • Acquisition/possession/use of proceeds of crime
  • Keywords

    • • Terrorist financing
      • Anti-money laundering
      • Countering the financing of terrorism/countering terrorist financing
      • Proceeds of crime
      • Instrumentalities
Terrorism
  • Offences

    • • Offences related to Financing of Terrorism
  • Keywords

    • • Financing / cash couriers
Drug offences
     Part Two - Chapter III
     Article 191
     Section 4

    UNTOC Articles

    • Organized Crime Convention

    • Article 6: Criminalization of the laundering of proceeds of crime
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      Original Text

      Article 191. Where anyone who obviously knows that any incomes are obtained from any drug-related crime, organizational crime of any gangland, terrorist crime, crime of smuggling, crime of corruption or bribery, crime of disrupting the financial management order, crime of financial fraud, etc. as well as the proceeds generated there from, yet commits any of the following acts for the purpose of disguising or concealing the origin or nature thereof, the incomes obtained from the commission of the aforementioned crimes as well as the proceeds generated there from shall be confiscated, and the offender shall be sentenced to fixed-term imprisonment of not more than five years or detention, and/or shall be imposed a fine of 5% up to 20% of the amount of laundered

      money. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be imposed a fine of 5% up 20% of the amount of laundered money:

      (1) Providing any capital account;

      (2) Assisting the transfer of property into cash, financial instruments, or negotiable securities;

      (3) Assisting the transfer of capital by means of transfer accounts or any other means of settlement;

      (4) Assisting the remit of funds to overseas;

      (5) Disguising or concealing the origin or nature of any crime-related income or the proceeds generated there from by any other means

      Where a unit commits any of the crimes mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the offence shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years.

       
       

      Cross-Cutting Issues

      • Investigation Procedure

        • Confiscation and Seizure of

          • • Proceeds of crime derived from offences covered by the Convention
            • Property, equipment or other instrumentalities
            • Income or other benefits derived from the proceeds
        • Measures

          • • Identification, tracing, freezing and/or seizure of the proceeds and instrumentalities of crime