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Act 1.161 of 7 July 1993 creating an offence of money laundering in the Criminal Code and amending the Code of Criminal Procedure



 
RAINIER III
BY THE GRACE OF GOD
SOVEREIGN PRINCE OF MONACO


Have sanctioned and hereby sanction the following Act passed by the National Council in its session of 30 June 1993.


Article 1


Section VII of Chapter III entitled "Public order offences" of Title I of Book III of the Criminal Code shall be entitled "Laundering the proceeds of an offence" and shall read as follows :

"SECTION VII
Laundering the proceeds of an offence

"Article 218" 1. The following shall be liable to five to ten years' imprisonment and the fine provided for at Article 26.4, the maximum amount of which may be increased tenfold :

- any person who knowingly uses directly or indirectly assets or funds of unlawful origin to acquire movables or real property, in any form whatsoever, for himself or on another's behalf, or who has knowingly held or used such goods ;

- any person who has knowingly lent assistance to any transfer, investment, concealment or conversion of assets or funds of unlawful origin ;

- any person who has knowingly held assets or funds of unlawful origin, without prejudice to the provisions relating to handling stolen goods.

"2. In the event of aggravating circumstances, the penalty shall be ten to twenty years' imprisonment and the fine set forth at Article 26.4, the maximum amount of which may be increased twentyfold.

Aggravating circumstances exist when the perpetrator :

- acts as a member of a criminal organisation ;

- takes part in other international organised criminal activity ;

- takes up a public duty which helps him to commit the offence ;

- takes part in other unlawful activities facilitated by committing the offence ;

- involves persons under twenty-one years of age in committing the offence ;

-has been convicted by a foreign court of a money laundering offence under the conditions regarding repeat offences set forth at Article 40.

"Article 218-1 The offences referred to in the preceding Article shall be constituted even though the offence from which the laundered funds derive has been committed in another country, if it is punishable in the State where it has been perpetrated.

"Attempts to commit the above-mentioned offences shall incur the same penalties as the completed offence.

"The same shall apply to conspiracy or association with a view to committing the above-mentioned offences.

"Article 218-2 Any person who, in disregard of his professional obligations, provides assistance with any transfer, investment, concealment or conversion of assets or funds of unlawful origin shall be liable to one to five years' imprisonment and the fine provided for at Article 26.4, the maximum amount of which may be increased tenfold, or to one only of those two penalties.

"An offence shall be constituted even though the offence from which the laundered funds derive has been committed in another country, if it is punishable in the State where it has been perpetrated.

"Article 218-3 For the purposes of the present Section, assets and funds of unlawful origin are deemed to be the proceeds of the following offences, when they are committed within the framework of organised criminal activity :

- Articles 77 to 80 and 83 making forgery and the introduction into circulation of counterfeit money an offence ;
- Articles 84 to 86 making the use and forging of seals, hallmarks, stamps and trade marks an offence ;
- Articles 106 and 108 making misappropriation by persons exercising public authority an offence ;
- Articles 109-1 and 110 making extortion by state employees or public officers an offence ;
- Articles 115 and 121 making the bribery of state employees an offence ;
- Article 221 making murder an offence ;
- Article 268 making procuring an offence ;
- Articles 275, 276 and 278 making kidnapping and holding persons against their will an offence ;
- Article 323 making extortion an offence ;
- Articles 17 to 19 of Act 913 of 18 June 1971 on arms and munitions making arms trafficking an offence.

"Proceeds from breaches of laws and regulations governing war equipment shall be treated in the same way.

"Article 219 The court shall order the confiscation of assets and funds of unlawful origin.

"The court may order the confiscation of movables or real property acquired using such funds.

"If assets and funds of unlawful origin have been mingled with lawfully acquired assets, such assets may be confiscated up to the estimated value of the proceeds mingled therewith.

"Confiscation may be ordered without prejudice to the rights of third parties.

"The Principal State Prosecutor shall carry out the necessary formalities for registration and public notice."

Article 2

Title X of Book IV of the Code of Criminal Procedure entitled "Some specific procedures" shall be entitled "Seizure with regard to money laundering" and shall read as follows :

"Article 596-1 With regard to money laundering, the seizure of assets may be ordered, after consulting the Principal State Prosecutor, by a substantiated decision of the investigating magistrate or court which shall prescribe all appropriate measures of administration.

"Such decision may be appealed within twenty hours of notification thereof on the parties under the conditions set forth at Article 226. Appeals shall not have suspensory effect.

"Where appropriate, the decision shall be entered at the instigation of the Principal State Prosecutor in the register of trade and industry, the special register of non-commercial companies or the mortgage register.

"In the event of nolle prosequi or acquittal, or if the seizure order is lifted, the decision shall order such entries to be deleted.

"Without prejudice to the measures of administration referred to in paragraph 1 above, no right in rem or in personam may be validly constituted with regard to the seized assets.

"The provisions set forth above shall not materially hinder the Principal State Prosecutor's powers with regard to felonies and offences discovered in flagrante delicto as set forth at Article 255."

Article 3

Articles 12 and 631 of the Code of Criminal Procedure are amended as follows:

"Article 12 Criminal proceedings in connection with a felony or the offences set forth at Articles 218-1 and 218-2 of the Criminal Code shall be time-barred after ten whole years have elapsed from the day on which the offence was committed.

"Article 631 The limitation period shall be twenty years for criminal penalties and those set forth at Articles 218-1 and 218-2 of the Criminal Code, five years for penalties relating to misdemeanours and three years for penalties relating to summary offences."

Article 4

The foregoing provisions shall apply without prejudice to the provisions making laundering the proceeds from drug trafficking an offence provided for in Act 890 of 1 July 1970 on narcotics as amended.

This Act is promulgated and shall be executed as a law of the State.

Done in Our Palace in Monaco, on the seventh of July nineteen hundred and ninety three.
RAINIER.

By the Prince,
The Secretary of State:
J.-C. MARQUET

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