Skip to content
srilawsby aturio
As enacted
Contents

Part VI · Forfeiture of Frozen Proceeds of Crime And Related Proceedings

117. General provisions on post-conviction forfeiture

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where the committing of an unlawful activity has been investigated into and the suspected perpetrator prosecuted for having committed the relevant unlawful activity and he has been convicted of having committed such unlawful activity, proceedings which shall be referred to as post-conviction forfeiture proceedings may thereafter be instituted for –

(a)

the forfeiture of proceeds of such unlawful activity which has been frozen; or

(b)

the corresponding value of the proceeds of crime to be recovered and forfeited.

(2)

Such proceedings shall be instituted –

(a)

against the person who has been convicted for having committed the unlawful activity which yielded the relevant proceeds of crime or who had in his possession control or dominion the property of the corresponding value of such proceeds of crime; or

(b)

against any other person from whom the relevant proceeds of crime was recovered.

(3)

The proceedings for forfeiture under post-conviction forfeiture proceedings shall commence following the conviction of the offender of the corresponding unlawful activity, and need not await the determination of the appeal if any, against the conviction:

Provided however, if an appeal is filed, and following post-conviction forfeiture proceedings, the property is forfeited, the order of forfeiture shall not be implemented till the determination of the appeal, and shall be carried out only if the conviction is affirmed in appeal:

Provided further, if –

(a)

the trial does not result in the conviction of the accused; or

(b)

the appeal against the conviction is successful and the conviction is set-aside, the Attorney-General may initiate non–conviction based forfeiture proceedings in respect of the property believed to be proceeds of crime or in respect of the property of the corresponding value of such proceeds of crime.

Read on from s 118

Part VII

Civil Remedy For Victims Of Crime

Read on from Part VII

Part VIII

Disposal Of Forfeited Proceeds Of Crime And The Utilization Of The Value Derived Thereof

Read on from Part VIII

Part IX

Victims Of Crime Reparation Trust Fund

Read on from Part IX

Part X

International Cooperation

Read on from Part X

Part XI

Miscellaneous Provisions

Read on from Part XI

Schedules