ON PREVENTING AND STRIKING AT ORGANISED CRIME, TRAFFICKING, CORRUPTION AND OTHER CRIMES THROUGH PREVENTIVE MEASURES AGAINST ASSETS   |   10192

Article 3: Field of application

1The provisions of this law are applicable for the assets of people, which are possessed completely or partially, directly or indirectly, as provided for in point 2 of this article, for whom there is a reasonable doubt based on indicia for:

athe participation and the committing of crimes by armed gangs, criminal organizations and structured criminal group, provided for by Chapter XI of the Criminal Code;

bthe participation and the committing of crimes by terrorist organizations and crimes for terrorist purposes, provided for by chapter VII of the Criminal Code;

cthe committing of crimes provided for by articles 109, 109/b, 110/a, 128/b, 278/a, 282/a, 283, 283/a and 284/a of the Criminal Code;

çthe laundering of the proceeds of the criminal offence or of the criminal activity, provided for by article 287 of the Criminal Code;

dthe committing of the crimes provided for in articles 164/a, 164/b, 183, 244, 244/a, 245, 245/1, 256, 257, 257/a, 258, 259, 259/a, 260, 312, 319, 319/a, 319/b, 319/c, 319/ç, 319/d, 319/dh and 319/e of the Criminal Code, in the cases when there are indicia regarding the illegal asset profit.

2The provisions of this law are applicable even regarding the assets of the people mentioned in paragraph 1 of this article, in the ownership or possessed indirectly by:

arelatives (husband, children, the antecedents, the descendants, brothers, sisters, cohabitant) for whom the false registration is presumed, unless proved otherwise;

bnatural or legal persons, for whom there is sufficient data that their assets or activities are possessed, completely or partially, indirectly by the people mentioned in paragraph 1 of this article or are used, have facilitated or have influenced in a certain form the realization of the illegal activities by them.

3The presumption of the false registration of the assets and of the economic activities of the persons mentioned in paragraph 1 of this article, in the name of the relatives mentioned in letter a) of paragraph 2 of this article shall apply, when there are useful data, obtained in a lawful way, which create the reasonable doubt on the illegality of the origin of the assets.

4The sufficient data that the assets or the activities of a natural or legal person referred to in the letter "b" of point 2 of this article, are owned completely or partially, indirectly, by the persons referred to in paragraph 1 of this Article, are coming from the relationship between the natural and legal persons with the persons referred to in paragraph 1 of this Article and from the useful data, obtained in a lawful way, which create the reasonable doubt on the illegality of the origin of assets.

5The preventive measures may be requested even against the heirs of the person who is the subject of the application of this law, but in any case no later than 5 years from the date of death.

6This law is applied even for the assets of the people, which have been gained before it entered into force, providing that there are significant indicia for their inclusion in criminal activities at the moment they obtain the asset.

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