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Article 419. Possession of Unexplained Property.

(1) Any public servant, being or having been in a public office, who:

maintains a standard of living above that which is commensurate with the official income from his present or past employment or other means; or
is in control of pecuniary resources or property disproportionate to the official income from his present or past employment or other means,

shall, unless he gives a satisfactory explanation to the Court [a]s to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, be punished, without prejudice to the confiscation of the property or the restitution to the third party, with simple imprisonment or fine, or in serious cases, with rigorous imprisonment not exceeding five years and fine.

(2)  Where the Court, during proceeding under sub-article (1)(b), is satisfied that there is reason to believe that any person, owing to his closeness to the accused or other circumstances, was holding pecuniary resource or property in trust for or otherwise on behalf of the accused, such resources or property shall, in the absence of evidence to the contrary, [be] presumed to have been under the control of the accused.

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: 3 de março de 2022