Skip to content
Contents

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

120. Manner of institution of proceedings

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The institution of proceedings in terms of section 119 shall be carried out by filing a Petition and Affidavit together with duly authenticated necessary supporting evidence. Notwithstanding anything to the contrary in any other law, the Affidavit shall be affirmed to or sworn by a person who is acquainted with the averments contained in the Petition.

(2)

The Attorney-General shall be entitled to institute proceedings in terms of this Part of the Act, notwithstanding the trial against the accused having commenced and been conducted in the absence of the accused following an order made under section 192 or 241 of the Code of Criminal

Procedure Act.

(3)

A convicted accused who had been absconding during the trial, shall not be entitled to present a claim for the release of the property which is the subject matter of the inquiry or participate in proceedings under this Part of this Act, unless he has purged his default in appearance before the trial court, and has established that his absence at the trial was due to –

(a)

his being unaware of the trial proceedings; or

(b)

for reasons beyond his control.

(4)

The Attorney-General shall be entitled to institute proceedings under this Part, notwithstanding the death of the convicted accused:

Provided however, the Attorney-General shall cite the heir, administrator or executor as the case may be, if any, of the deceased convicted accused as a Respondent.

(5)

The person convicted of having committed the unlawful activity shall be cited as a Respondent. Any other person from whose possession or dominion such property was seized who has presented a claim in respect of such property during proceedings for the judicial freezing of the property, including the victim of crime shall also be cited as

Respondents.

Part VII

Civil Remedy For Victims Of Crime

Part VIII

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

Part IX

Victims Of Crime Reparation Trust Fund

Part X

International Cooperation

Part XI

Miscellaneous Provisions

Schedules