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

119. Attorney General to institute proceeding for Post conviction Forfeiture

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

(1)

Following the conviction of a person by a trial court for having committed an unlawful activity, and there being identified property which is believed to be proceeds of crime derived out of the committing of such unlawful activity or property which is to the corresponding value of such proceeds of crime, the Attorney-General may within three months from the date on which the accused was convicted and sentenced, notwithstanding the convicted accused having filed an appeal against such conviction, institute proceedings in the relevant trial court moving such court to conduct an inquiry under this Act –

(a)

for the forfeiture of-

(i)

such proceeds of crime;

(ii)

the property which is of the corresponding value of the proceeds of crime;

(iii)

the security submitted to court in lieu of release of the proceeds of crime following its judicial freezing; or

(iv)

the monetary proceeds of the disposal of the proceeds of crime pending forfeiture proceedings; and

(b)

for a direction that such proceeds of crime, property to the corresponding value to such proceeds of crime, security or the proceeds of disposal of the proceeds of crime be released to the relevant victim of unlawful activity, if any:

Provided however, if the trial court following the conviction of the accused, when imposing the sentence, has imposed a penalty under the applicable law on the convicted accused to an amount not less than the value of the relevant proceeds of crime, the Attorney-General shall not be entitled to institute proceedings under this Act for post-conviction forfeiture of the proceeds of crime:

Provided further, if the court determines that the relevant proceeds of crime are of a nature that can generate secondary or continuous proceeds, the Attorney-General shall institute proceedings under this Act for post-conviction forfeiture of proceeds of crime.

(2)

The trial Court that has convicted a person for having committed an unlawful activity shall have jurisdiction to entertain an application referred to in subsection (1), and following inquiry as provided herein -

(a)

make order for the forfeiture of-

(i)

such proceeds of crime;

(ii)

the property of the corresponding value of the proceeds of crime;

(iii)

the security submitted to court in lieu of the release of the proceeds of crime following its judicial freezing; or

(iv)

proceeds of the disposal of the proceeds of crime pending the forfeiture; or

(b)

direct that such proceeds of crime or property of such corresponding value of such proceeds of crime, security or the proceeds of disposal be released to the relevant victim of unlawful activity.

Read on from s 120

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