126. Situations where non-conviction based forfeiture proceedings can be instituted

where the person who committed the corresponding unlawful activity is dead, dies during trial, is a fugitive from justice, has immunity from criminal prosecution or his prosecution is not otherwise possible, or such perpetrator cannot be identified or is unknown;

the proceeds of crime has been inherited, otherwise received or procured or is being held by a third party;

a prosecution cannot be conducted against the perpetrator of the unlawful activity, since the committing of offence has been prescribed under the Prescription Ordinance (Chapter 68);

there is no or insufficient evidence to institute criminal proceedings against the person who committed the unlawful activity and to prosecute him successfully;

where no investigation has been conducted or the conduct of an investigation has not been possible into the committing of the unlawful activity which yielded the relevant proceeds of crime;

where a person subject to the jurisdiction of this Act has committed an unlawful activity in another country and the offender has not been prosecuted or been convicted in that country, and the proceeds of the unlawful activity are found in Sri Lanka or elsewhere;

where a person subject to the jurisdiction of

where the proceeds of an unlawful activity which comes within the jurisdiction of this Act is found outside Sri Lanka;

where a person who has committed an unlawful activity either within or outside Sri Lanka, is convicted by a court of competent jurisdiction of another country and the proceeds of such unlawful activity is found within Sri Lanka;

where the restrained, seized, or frozen property is-

only partly the proceeds of an unlawful activity, or

comprises of components derived out of the committing of several unlawful activities, or

is a combination of property specified in subparagraphs (i) and (ii) of this paragraph;

where a property suspected to be proceeds of crime has been investigated into and no person has claimed ownership of such property, a person has presented a claim in respect of such property and later withdrawn it, or no person has made any claim in respect of such property. In this category, proceedings for non – conviction based forfeiture may be instituted without a prior restraint, seizure or judicial freezing of such property.