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Contents

Part II · Investigation Into Proceeds of Crime, Restraint And Seizure

53. The manner of conducting an investigation under this Act

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

(1)

Upon receipt of an information in any one of the ways specified in section 52, the Investigation Officer shall, where necessary, take steps to conduct a fact finding.

The objective of conducting a fact finding shall be the determination of the veracity of the information received in any one of the ways specified under section 52:

Provided however, if upon an examination of the information received in the ways specified under section 52, any observation of a Designated Officer or an Investigation

Officer regarding the existence of proceeds of crime or the receipt of any observation regarding the existence of proceeds of crime by a Peace Officer conveyed to a Designated Officer or an Investigation Officer which the latter shall deemed to be credible, the Investigation Officer has reasonable grounds to believe the truth of the information contained therein, he may without conducting a fact finding, for such reasons to be recorded, commence the conduct of an investigation as provided in this Act:

Provided however, the commencement of such investigation shall be subject to subsection (4) of this section:

Provided further, if the information received in the ways specified under section 52 reveals reasonable grounds for the Investigation Officer to believe the identity and the location of proceeds of crime, it shall not be necessary for the Investigation Officer to conduct investigations under this section to validate the facts, trace and identify the property, or conduct investigations, as stated herein before, and shall be entitled to take necessary action to -

(a)

serve a notice calling for explanation;

(b)

restrain the use of the property, issue a direction for the preservation of the property; or

(c)

seize such property, as provided under this Act.

(2)

For the purposes of this Act, a ‘fact finding’ shall mean a preliminary examination of available information and material, and engaging in a process of verification of the information received in the ways specified under section 52, without conducting any activity that would have the effect of infringing any rights of any person for the purpose of determining whether the information contained therein is credible and relates to proceeds of crime.

(3)

An Investigation Officer conducting a fact finding under this Act shall for the purpose of verification of the information received in the ways specified under section 52, be entitled to exercise any power of investigation provided in this Act in a manner that would not infringe any right or privilege of any person recognized by written law:

Provided however, a fact finding shall not be conducted in a manner that would adversely affect the conduct of legitimate trade, commerce, financial activity or any profession or occupation.

(4)

Upon the completion of the fact finding referred to in subsection (1), the Investigation Officer shall consult the

Designated Officer for the purpose of determining -

(a)

whether it would be necessary to commence the conduct of an investigation into the suspected proceeds of crime; and

(b)

whether the monetary value of the suspected proceeds of crime will be sufficiently high so as to justify and necessitate the conduct of an investigation into the suspected proceeds of crime under this Act; and the determination arrived at shall be recorded. The reasons for such determinations shall be recorded and signed by both the Investigation Officer and the corresponding Designated

Officer.

(5)

Where upon verification, the information or part thereof received in any one of the ways specified under section 52 is found to be credible and that it relates to proceeds of crime, and therefore the commencement of an investigation under this Act is necessary, an Investigation

Officer shall subject to the approval of and general or special directions issued by such Designated Officer, commence and conduct an investigation under this Act:

Provided however, where, given the attendant circumstances, obtaining the prior approval of the Designated

Officer may not be practicable or may defeat the objectives of this Act, an Investigation Officer may for reasons to be recorded, on his own motion commence the investigation and thereafter as soon as possible obtain approval of the

Designated Officer.

(6)

Upon a report being presented to the Designated

Officer by an Investigation Officer under this section, he may approve or refuse to approve the commencement of an investigation. Where the Designated Officer refuses to approve the commencement of an investigation, he shall record reasons therefor, and if he is the Police Designated

Officer submit to the Inspector General of Police a report in respect of such decision not to approve the conduct of an investigation. Where the Designated Officer be the Director-General of the Commission to Investigate Allegations of

Bribery or Corruption, he shall submit such report to the

Commission.

(7)

Where necessary, the Investigation Officer shall take steps to trace and identify the property which is believed to be proceeds of crime.

Part III

Judicial Freezing of Proceeds of Crime

Part IV

Protection, Preservation and Management of Proceeds of Crime

Part V

Proceeds of Crime Management authority

Part VI

Forfeiture of Frozen Proceeds of Crime And Related Proceedings

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