Official Translation ()

Article 1

For the purposes of applying the provisions of this law, the following words and phrases shall have the meanings assigned to them, unless the context otherwise requires:

Illicit Gain: Any increase in the wealth or diminution of liabilities occurs - because of assuming an office or a capacity - to the official subject to this law, his minor children or those under his guardianship, custodianship or curatorship whenever it is disproportionate to their resources and it is unjustified.

Article 22

In applying this Law, Corruption Offences shall include the following:

6. The offences of Illicit Gain as set forth herein.

Article 48

Whoever commits the offence of Illicit Gain shall be punished by imprisonment for a term not exceeding five years and fine equals to the value of the Illicit Gain, which he obtained, in addition to ruling with the confiscation of the Illicit Gain, whether it was in his own account or in the account of his spouse or minor children or those under his guardianship or curatorship.

The lapse of the criminal action due to death shall not preclude the confiscation ruling of the Illicit Gain.

Article 55

The court may bring any natural or legal person, whom it believes to have earnestly benefited from the Illicit Gain, into the case. Further, the dismissal or confiscation ruling shall be enforceable to his wealth in proportion to the extent of benefits he gained.

Type: Criminal Illicit Enrichment Laws

Last update on LEARN: 3 Mar 2022