Single view

Palestine

There is some ambiguity surrounding how the The Anti Corruption Law No. (1) 2005 (as amended by Law by Decree No.(7) of 2010 Pertaining to the Amendment of the Law of Illegal Gain No.(1) 2005) and the Law of Illegal Gain No. (1) 2005 operate together. The Anti Corruption Law appears to substitute the text of Article 1 of the Law of Illegal Gain – thereby removing the definition of ‘illegal gains’ provided by this law without actually re-defining this term in the substituted text (instead just defining ‘illegal gains’ as a corruption offence). If this original definition of illegal gains is still valid, then these laws together can be considered an illicit enrichment law.If alternatively however, the original definition has actually been nullified, then further clarity is required before these laws can be categorised as illicit enrichment laws within the definition of this publication. Until further information comes to light, this publication has assumed the definition in the Law of Illegal Gain is still valid.

Official Translation ()

Article 1 The Original Law

The term “Law of Illegal Gain No. (1) [2005] shall be substituted with the term “Anti-Corruption Law No. (1) 2005”.

Article 2 Name of the Law

The term “the original law” wherever mentioned in this law shall denote the “Law of Illegal Gain No. (1) 2005”.

Article 3 Anti-Corruption

The crime of “illegal gain” wherever mentioned in the original law shall be substituted with the “crime of corruption” for the purposes of implementing this Law.

Article 4 Definitions

Article (1) of the original law shall be amended as follows: The following terms and expressions in this Law shall have the meanings specified below, unless the presumption determines otherwise:


Corruption: The following shall be considered corruption for the purposes of implementing this Law:

(6) Illegal gains.


Article 12 Accountability / Sources of Wealth

Article (20) of the original law shall be amended as follows:

If it appears to the Commission the seriousness of the complaint submitted to it, it shall ask the person against whose wealth the complaint is lodged to show the source of that wealth. If the Commission is not convinced of the legitimacy of same, it shall prove by investigating the matter the illegitimacy of same.


Article 14 Penalties

Article (25) of the original law shall be amended as follows:

1. Unless otherwise provided for in the Penal Code or in any other applicable law, whoever is convicted of a crime stipulated in this Law shall be punished with imprisonment for a term ranging from three to fifteen years and with a fine to the value of the funds which are the subject matter of the crime or with either of these penalties and the return of the funds emanating from the crime.

2. Whoever takes the initiative from among the perpetrators to notify the Commission of a crime of corruption before it or any of the authorities become aware of it shall be exempted from punishment. If the notification takes place after becoming aware of the crime, it shall be conditional that the outcome of the notification is the apprehension of the other perpetrators and the seizure of the funds which are the subject matter of the crime.
Official Translation ()

Article 1

The following terms and expressions, mentioned in this Law, shall have the meanings specified below, unless the context determines otherwise:

The Illegal Gain: Each fund which one of the persons, who are subjects to the provisions of this Law, gains for himself or herself or for others by virtue of the exploitation of the position or capacity, or as a result of a conduct which violates a legal provision or public manners, or through any other illegal manner, even though it does not constitute a crime. Also deemed an illegal gain shall be each increase to the wealth which takes place following the assumption of the service or the rendering of the capacity upon the person subject to the provisions of this Law or to his or her spouse, or his or her minor descendants, in the event it is not compatible with their income and he or she fails to provide evidence of a legitimate source thereof. Also included under the provision of the illegal gain shall be each fund which any natural or judicial person gains by means of collusion with any person subject to the provisions of this Law as to exploit his or her position or capacity.


Article 27

1. In the event the person perpetrating the crime of the illegal gains or the partner therein initiates to notify the public authorities of the crime before it is being revealed and of the fund collected, he or she shall be exempted from the two punishments of imprisonment and fine stated for such crime.

2. In the event the person perpetrating the crime of the illegal gain or the partner therein during the interrogation conducted with him or her provides help as to reveal the crime and its perpetrators, the punishment shall be reduced to imprisonment and shall be exempted from the punishment of the fine.


Article 33

The lawsuits of the illegal gain and all relevant procedures shall not be subject to limitation by time.


Type: Criminal Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 1:00 PM