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Act Amending The Penal Code, The Code Of Civil Procedure And Various Other Laws (Strengthened Action Against Economic Crime)

Original Language Title: Lov om ændring af straffeloven, retsplejeloven og forskellige andre love(Styrket indsats over for økonomisk kriminalitet)

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Law on the amendment of the Penal Code, the law of law and various other laws

(Strengred action against economic crime)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the penal code, cf. Law Order no. 1007 of 24. In October 2012, as amended by Section 2 of Law No 1242 of 18. December 2012, Section 2 of Law No 1385 of 23. December 2012, Section 2 of Law No 431 of 1. May 2013 and Section 1 of Law No 434 of 1. May 2013, the following changes are made :

1. Section 79, paragraph 1. TWO, TWO. pkt., ITREAS :

" By the same rule, the right to participate in the management of a business enterprise in this country or abroad may be disqualified in the country or abroad without any personal and unrestricted obligation on the undertaking ' s undertakings. ` ;

2. I § 93, paragraph. 2, no. 1, " § 296 (4) 2 ' shall be : ' § 296 (4) ; 3 ".

3. I Article 97 (a) (a), 1, the words ' and confiscation ` shall be deleted ; Article 97 (a) (a), 1, no. 1 and 2, the ' or the confistion requirement `.

4. I § 97 a pasted as paragraph FOUR :

" Stop. 4. The limitation period for confiscation shall be 10 years. ` ;

5. I § 122 "3 years" is replaced by the following : "6 years".

6. § 131, paragraph 1. 2, revoked.

7. I § 296 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. In particular, the penalties for infringement of paragraph 1 may be circumvenced. 1, no. 1, go to prison until six years. In particular, in particular cases where the crime has been committed by several in conjunction with or containing significant gains, or where a greater number of crimes have been committed. `

Paragraph 2 is then referred to in paragraph 2. 3.

8. § 299 ITREAS :

" § 299. With fine or maximum sentence of 1 year and 6 months, the person who, without prejudice to the conditions for use of Article 280, shall be penalised in a form of capital the responsibility of the person concerned, in the case of another, in the violation of his duty, by the obligation to carry out this one ; significant property losses which are not replaced by the first instance.

Paragraph 2. With fine or in prison for four years, it shall be penalised by means of a person ' s personal property to himself or to others in a constriving way, a claim, or a credit to a gift or other benefit, as well as the person providing, promises or other ; offers such a gift or other advantage. "

9. Insert after section 299 c :

" § 299 d. The sentence of paragraph 35 (2) of the securities trading slots is penalised until 6 years in the event of a sentence which, under special circumcitable circumstances, is guilty of the offence of the securities trading slots Paragraph 1, or Section 39 (2). 1. In particular, in particular, cases where the crime has been committed by more in conjunction with or intended for significant gains, or where a large number of crimes have been committed. `

10. I § 304 a, paragraph 1, for ' 1 year and 6 months ` shall be replaced by ' 4 years ` ;

§ 2

In the rule of law, cf. Law Order no. 1008 of 24. In October 2012, as last amended by Section 2 of Law No 429 of 1. May 2013, the following changes are made :

1. I § 799 (3) ONE, ONE. pkt., is replaced by "§ 180" to : "§ 125 a, § 180", and " § 192 b (b). 1 3, or section 237 ` shall be replaced by : '. 192 a, section 192 b (b). 1-3, section 237, section 262 a, section 286, paragraph. 1, cf. § 276, § 288 or § 289 ".

2. § 799 (3) ONE, THREE. pkt., revoked.

3. I § 804, paragraph. 3, 3. pkt., section 806 (1). FIVE, ONE. pkt., there will be paragraph 1. SIX, ONE. pkt., ~ 807, paragraph. ONE, TWO. pkt., and ~ 807 a, 1. and 3. pkt., the ' paragraph shall be amended 3 ' shall be replaced by : 4 ".

4. I § 804, paragraph. 3, 3. pkt., and ~ 807, paragraph. THREE, TWO. pkt., the ' paragraph shall be amended Five shall : ' shall mean the following : SIX. "

5. I § 806 (4)) TWO, ONE. pkt., and ~ 807 a, 3. pkt., the ' paragraph shall be amended The following shall be replaced by the following : 8 ".

6. I § 806 inserted after paragraph 1. 2 as new paragraph :

" Stop. 3. The Court may, at the request of the police, in a decision to take control, that the police from undertakings and persons covered by Section 1 in the Act of Preventive Measures against the laundering of yield and financing of terrorism may obtain the information available to the persons concerned of transactions in an account which has been transferred to a transaction covered by the authorization, or by a transaction which is issued by a transaction which is subject to a transaction ; the verdict of the mission. This ruling shall lay down the period during which the data may be subject to the provision of information. This period shall be as short as possible and may not exceed four weeks. The temporal space may be extended, but not more than four weeks at a time. The extension takes place at the court order. The police shall inform the courts as soon as possible after the expiry of the period during which the police have obtained information on the transactions to which the police have obtained information. The notification shall contain an indication of the specific reasons for the assumption that the transactions are issued by a transaction which is subject to the "mission".

Paragk 3-7 will then be paragraph 1. 4-8.

7. I § 806 (4)) THREE, ONE. pkt., there will be paragraph 1. FOUR, ONE. pkt., shall be replaced by ' paragraph 1. The fourth is to : FIVE. "

8. After § 807 e is inserted in Chapter 74 :

" § 807 f. Amouns made by a person in the benefit of a company covered by Section 1 of the Act of Preventive Measures against the laundering of the yield and financing of terrorism may be seized temporarily as part of the investigation of a criminal offence, which is : be subject to the public, where there is reason to assume that the amount has ties to the laundering of the laundering of the money or the financing of terrorism, and the temporary confiscation is deemed necessary to ensure confiscation of confiscation. § 805, paragraph 1 and 2 shall apply mutatis mutis.

Paragraph 2. The decision on temporary seizure is being taken by the police. § 806 (4)) FOUR, TWO. pkt; shall apply mutatis muctis.

Paragraph 3. The police are taking temporary confiscation. The police shall inform and advise the police as soon as possible and guide the action taken by the intervention, on the availability of the issue before the law, unless the police submit a request within the time limit for application referred to in paragraph 1. 4.

Paragraph 4. If it is of crucial importance for the investigation, that temporary seizure must be carried out without the knowledge being taken, or anyone else being made aware of it, the right of a decision may be made on this subject. sections 784, 785 and 788 shall apply mutatis muth.

Paragraph 5. ~ 807 b, paragraph. 1 shall apply mutatis muitis to the temporary seizure.

Paragraph 6. Temporary seizure lapses no later than 1 week. '

§ 3

In the law of funds and certain associations, cf. Law Order no. 938 of 20. September 2012, the following changes are made :

1. I § 43 pasted as paragraph 5 :

" Stop. 5. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 4

In the Act of securities trading, etc., cf. Law Order no. 219 of 20. February 2013, as last amended by Section 8 of Law No 1383 of 23. December 2012, the following change is made :

1. $94, paragraph. ONE, TWO. pkt., revoked.

§ 5

In the company law, cf. Law Order no. 322 of 11. April 2011, as amended by Section 1 of law no. 477 of 30. May 2012, Section 1 in Act 1. 1231 of 18. December 2012 and Section 1 of the Law No 1383 of 23. December 2012, the following change is made :

1. I § 369 pasted as paragraph 2 :

" Stop. 2. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 6

In the law of business funds, cf. Law Order no. 560 of 19. In May 2010, as amended by Section 2 of Law No 1231 of 18. December 2012 and section 3 of the law. 1383 of 23. December 2012, the following change is made :

1. I § 63 pasted as paragraph 7 :

" Stop. 7. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 7

In the law of certain business operators, cf. Law Order no. 559 of 19. In May 2010, as amended by Section 1 of law no. 616 of 14. June 2011, section 3 of law no. 1231 of 18. December 2012 and section 2 of the Law No 1383 of 23. December 2012, the following change is made :

1. I § 23 pasted as paragraph FOUR :

" Stop. 4. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 8

In the SE bill, cf. Law Order no. 654 of 15. June 2006, as amended by Section 6 of Law No 516 of 12. In June 2009, the following changes are made :

1. I § 21 pasted as paragraph FOUR :

" Stop. 4. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 9

In the SCE Act, cf. law no. 454 of 22. In May 2006, as amended by Section 7 of Act No 516 of 12. In June 2009, the following changes are made :

1. I § 19 pasted as paragraph FOUR :

" Stop. 4. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 10

In the annual accounting law, cf. Law Order no. 323 of 11. April 2011, as amended, among other things, in section 7 of the law. 1287 of 19. December 2012, and no later than Section 4 of the Act of Law No 1383 of 23. December 2012, the following change is made :

1. I § 164 pasted as paragraph 7 :

" Stop. 7. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 11

In the accountants law, cf. law no. 468 of 17. June 2008, as amended in particular by section 6 of the Act of Law No 2. 133 of 24. Feb, 2009, and no later than Section 2 of Law. 1232 of 18. December 2012, the following change is made :

1. I § 54 pasted as paragraph 7 :

" Stop. 7. The limitation period for infringement of the law or rules issued under the Act shall be 5 years. `

§ 12

In the law on preventive measures against the laundering of the yield and financing of terrorism, cf. Law Order no. 353 of 20. April 2012, as amended by section 39 of the Act. 1231 of 18. In December 2012 and Section 4 of Law No 1287 of 19. December 2012, the following changes are made :

1. I Section 1 (1). 2, the ' resellers ' shall be replaced by ' traders ' shall be replaced by ' operators not covered by paragraph 1. 1 '.

2. I § 2 the ' traders of objects and auctioneders shall not be subject to cash payments of 100 000 kr. ` ; to : " Actradiators who are not covered by Section 1 (1). 1 may not receive cash payments of $50,000. `

§ 13

Paragraph 1. The law shall enter into force on 1. July, 2013.

Paragraph 2. § 1, no. The provisions of 3 and 4 shall apply to confiscation requirements which have been sentenced or adopted before the entry into force of the law unless the statute of limitations has entered into force prior to the entry into force of the law.

Paragraph 3. sections 3 and 5-11 shall apply to offences committed prior to the entry into force of the law unless the statute of limitations has been entered into force before the entry into force of the law.

§ 14

Paragraph 1. The law does not apply to the Faroe Islands and Greenland, cf. however, paragraph 1 Two and three.

Paragraph 2. sections 4 and 12 may, in the case of the Faroe Islands and Greenland, be in force in full or in part, in the case of the Faeroe Islands and Greenland, with the changes that the ferry and Greenland conditions are changing.

Paragraph 3. sections 3, 5 to 7, 10 and 11 may be implemented in full or in part to Greenland, with the changes which the Greenland conditions are to say.

Givet at Christiansborg Castle, the 12th. June 2013

Under Our Royal Hand and Segl

MARGRETHE R.

-Morten Bødskov