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As enacted
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Contents

Part I · General Provisions and Offences

34. Presumption

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

(1)

For the purposes set out in subsection (2), it shall be lawful to presume until the contrary is proven, that any property acquired, received, possessed, has dominion over or controlled by a person is, proceeds of any unlawful activity, property procured using proceeds of any unlawful activity or has been derived or realized directly or indirectly from committing an unlawful activity, if such property or part thereof-

(a)

is money, cannot be or could not have been -

(i)

part of the known lawful income, receipts or entrustments of such person; or

(ii)

money to which his known lawful income, receipts or entrustments has or had been converted; or

(b)

is not money, which cannot be or could not have been -

(i)

property lawfully acquired with any part of his known lawful income, receipts or entrustments;

(ii)

property which is or was part of his known lawful income, receipts or entrustments;

or

(iii)

property to which any part of his known income, receipts or entrustments has or had been converted.

(2)

The purposes referred to in subsection (1) shall be -

(a)

making an order restraining the use of suspected proceeds of crime;

(b)

making an order for the preservation of suspected proceeds of crime;

(c)

seizure of suspected proceeds of crime;

(d)

judicial freezing of suspected proceeds of crime;

and

(e)

forfeiture of proceeds of crime, under this Act.

(3)

The burden shall lie on the person claiming that a particular property is not proceeds of crime, property procured using proceeds of any unlawful activity or has been derived or realized directly or indirectly from committing an unlawful activity, to prove on a balance of probability that such property was derived out of his lawful income, receipts or property.

(4)

Where in the circumstances the presumption may be applied and no person proves on a balance of probability that the property in issue is not proceeds of crime, property procured using proceeds of any unlawful activity or has been derived or realized directly or indirectly from committing an unlawful activity, this presumption may be used by the High

Court to conclude that there exists prima-facie evidence that the property in issue is proceeds of any unlawful activity, property procured using proceeds of crime, or has been derived or realized directly or indirectly from committing an unlawful activity.

Read on from s 35

Part II

Investigation Into Proceeds of Crime, Restraint And Seizure

Read on from Part II

Part III

Judicial Freezing of Proceeds of Crime

Read on from Part III

Part IV

Protection, Preservation and Management of Proceeds of Crime

Read on from Part IV

Part V

Proceeds of Crime Management authority

Read on from Part V

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

Read on from Part VI

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