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Detection and Confiscation of the property obtained by criminal means Dalian, 2012.

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Presentation on theme: "Detection and Confiscation of the property obtained by criminal means Dalian, 2012."— Presentation transcript:

1 Detection and Confiscation of the property obtained by criminal means Dalian, 2012

2 The Center for Combating Economic Crimes and Corruption National Center for Combating Corruption -prevention, detection, investigation and suppression of contravention and economic/fiscal crime -combat corruption and protectionism - preventing and combating money laundering and terrorist financing

3 Service for Prevention and Control Money Laundering -collection (storage), analysis and processing of transactions and other suspicious activity; -developing proposals for harmonizing the legislation with international regulations; -decides to suspend the implementation of the questionable activities or operations;; -cooperation and exchange of information with similar foreign organizations preventing and combating international money laundering and terrorist financing; - establishes violations of the law and impose sanctions within its competence;

4 National Legal Framework - Law regarding Preventing and Combating Corruption, Nr. 90 date 25.04.2008; -Law regarding preventing and combating money laundering and terrorist financing, Nr. 190-XVI от 26.07.2007; -The Law on Conflict of Interest, Nr. 16 date 15.02.2008; - Law regarding the Center for Combating Economic Crimes and Corruption, adopted by the Parliament Nr. 1264 date 06.06.2002; -The Code of Conduct for Civil Servants Nr. 25-XVI date 22.02.2008; No assets legally acquired may be confiscated. The effective presumption is that of legal acquirement. (Article 46 (3) of the Constitution)

5 Properties derived from criminal proceeds (corruption): Forfeiture of Properties of Corruption - provide compensation for damage caused by the offense; - ensure the civil proceedings; - the possibility of confiscation the criminal property destined for commission of the offense. Confiscation Special confiscation is the property transfer, made by force and free, in the State property, the property that was used in committing offenses or contraventions. - In the case of property that was used in committing the crime or obtained as a result of the crime no longer exists, then the value corresponding to the properties subject to forfeiture can be confiscated from the offender.

6 Special Confiscation of Property: -obtained as a result offense under the Criminal Code of RM.; -used and intended to commit a crime; data to determine the commission of offenses or to reward offender; - data to determine the commission of offenses or to reward offender; acquired through an offense, unless it be returned to the victim or it is not intended to compensate; - acquired through an offense, unless it be returned to the victim or it is not intended to compensate; - is in the possession contrary to the legal grounds.

7 Thank you for your attention! Francisco TALMACI, Head of Department, Center for Combating Economic Crimes and Corruption +373 22 257 355 +373 69 24 75 47


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