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
 Book II - Title VIII
 Article 313

UNTOC Articles

  • Organized Crime Convention

  • Article 15: Jurisdiction
  • Trafficking in Persons Protocol

  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    Article 313. Money laundering

    1. Any person who, knowing that assets or products are proceeds from any form of participation in the commission of crimes of terrorism, trafficking in arms or nuclear products, human trafficking, child pornography, corruption, fraud or extortion, tax fraud, trafficking in protected species or human organs or tissues or any other serious crime carrying a maximum sentence of over 4 years imprisonment:

    a) Converts, transfers, assists or facilitates any transaction of conversion or transfer of said assets or products, wholly or in part, directly or indirectly, with the aim of hiding or disguising their illicit origin or aiding any party involved in the commission of any of said crimes to avoid the legal consequences of his or her acts; or

    b) Hides or disguises the true nature, origin, location, disposition, movement or properties of said assets or proceeds or rights related thereto;

    c) Acquires or receives said gain under any wise or uses or holds or maintains the same, shall be punishable by 4 to 12 years imprisonment.

    2. Punishment for the acts described in subparagraphs a) to c) of the preceding subarticle are applicable even when the acts related to the originating crime were committed outside Timor-Leste or where the place of commission of the act or identity of the principals are unknown.

    3. Knowledge, intent or purpose, required as elements constituting the crime, may be construed from effective and concrete factual circumstances.

    4. No prior sentencing of the perpetrator for committing the originating crime is required to prove illicit origin of the proceeds.

    5. Originating crime shall include any crime committed outside Timor-Leste whenever said act is considered a crime in the State where committed and within Timor-Leste.

    6. The person who committed the originating crime shall not be punishable for crime of money laundering.

    7. Attempted money laundering is punishable and may be subject to a reduced penalty under general terms.

    8. The punishment provided for commission of unlawful acts described in subparagraphs a) to c) of the preceding subarticle shall not exceed the maximum limit provided for the corresponding originating offences.

     
     

    Cross-Cutting Issues

    • Jurisdiction

      • • Effects doctrine (offence committed outside its territory over a conduct that produces substantial effects within the territory)
     

    Attachments