Law (2014:307) On Penalties For Money Laundering Offences

Original Language Title: Lag (2014:307) om straff för penningtvättsbrott

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:307

The scope of the law



section 1 of this Act contains criminal provisions on

money laundering.



In the law (2009:62) on measures against money laundering and

the financing of terrorism provides for measures

It engaged in financial activities and other

commercial activities are required to take to prevent

the activities being used for money laundering or the financing of

terrorism.



section 2 of the crimes in 3 and 4 sections referred to



1. acts constituting offences under Swedish law, or



2. acts constituting offences under foreign law and that

correspond to the crime under Swedish law.



Responsibility



section 3 Of the money laundering offence is sentenced, if the action is to

hide that money or other property is derived from criminal activity or

criminal activity or to promote opportunities for

someone to acquire the property or its value, the

as



1. transfers, acquires, turnover, stores or take

other such action with such property, or



2. provides, acquires or establishes a document

can give an apparent explanation for the possession of the property,

participating in transactions carried out for the sake of success,

as a decoy or take other such action.



The penalty is imprisonment of up to two years.



section 4 Of the money laundering offence is convicted even without

the measure has such a purpose referred to in section 3, unduly

promotes opportunities for someone to roll over the money or

other property deriving from crime or criminal

activity.



paragraph 5 of the crimes referred to in section 3 or 4 rough, is convicted of felony

the money laundering offence to imprisonment for at least six months and

a maximum of six years.



In determining whether the offence is aggravated, it should particularly be taken into account

If the Act indicated significant values, if the criminal

the measures have been included as part of a crime

been pursued systematically or in larger scale or in other

case has been of particularly dangerous species.



section 6 of the crimes referred to in section 3 or 4 ring, is convicted of

the money laundering offence to a fine or imprisonment of up to six

months.



For the money laundering offence is convicted even in cases referred to

in 3 or 4 § not realized but had reasonable grounds to believe

that such property was derived from criminal activity or criminal

activity.



section 7 of The who, in the course of trade or as part of a

the activities habitually or otherwise in larger

extent, contribute to an action that may reasonably be assumed to

be taken for such purposes as specified in section 3, is convicted of

business money laundering to imprisonment not exceeding two years.



Is the crime of felony, sentenced to prison for at least six months and

a maximum of six years.



Is the offence, shall be liable to a fine or imprisonment of up to six

months. To the same penalty as otherwise than as

specified in the first subparagraph, contributes to a measure that reasonably

can be assumed to be taken for such purposes as specified in section 3.



section 8 Of the attempt, preparation or conspiracy to commit

money laundering crime, aggravated money-laundering offence, or

business money laundering which is not insignificant, is sentenced it to responsibility

According to Chapter 23. the Penal Code.



Forfeiture



section 9 If it is not manifestly unreasonable, should the following property

be declared forfeited:



1. money or other property which was the subject of crime

According to the 3, 4, 5, or section 6, or, with the exception of

industrial laundering, section 8 or the value of such property,



2. Exchange of offences under this law, and



3. what some received as compensation for costs incurred in

connection with an offence under this Act or the value of the

received, if the receipt constitutes offences under this Act.



To property which was the subject of an offence under section 7 or

According to section 8 relating to the business of money laundering can be detained

is clear from the Act (1974:1065) if some stolen goods, etc.



section 10 of the property that has been used as a tool for crime under

This law may be declared forfeited, if necessary to

prevent crime, or if there are other special reasons.

The same applies to property which has been designed to be used as

assistive products for offences under this Act, if the crime was

been completed or if the procedure has been a punishable

attempt or a criminal preparation or stamping. In

rather than such property gets its value explained

forfeited.



section 11 of the confiscation of property or its value according to 9 and

10 sections may occur in



1. the perpetrator or anyone else who contributed to

the crime,



2. the in whose place the offender or any other

participants were,



3. through the crime prepared the proceeds or trader

referred to in chapter 36. section 4 of the criminal code,



4. after the crime had acquired the property



a) by Division or by inheritance or bequest

or by gift, or



(b)) and then had the knowledge or reasonable

reason to believe that the property was related to the crime.



Belonged to the property when the offence is not one of those specified in

1-3 of the first paragraph, it must not be declared forfeit.

Forfeiture under section 9, first paragraph 1 may, however, occur in

offender or anyone else involved in the offence;

even if the property at the crime belonged to someone else.



Property under chapter 36. paragraph 1 (c) the Penal Code shall be construed as

the Exchange may be declared forfeited, if the property that the

forfeited property entered into rather than at the crime

belong to any of those referred to in the first subparagraph 1 – 3.



The money seizure



section 12 of the property in the form of cash, receivables or other rights

that could reasonably be presumed to be the subject of a crime under this

Act, or a corresponding value, may be seized

(monetary seizures).



The money seizure may be adopted only if the reasons for the action

outweigh the infringement or otherwise which measure

of the accused or of any other opposing

interest.



section 13-patient basis or the Prosecutor decides on

the money seizure. The money seizure may concern only such property

available.



Relating to the seizure of money a debt or other right,

the debtor or another obliged announced bans

fulfilling its obligation to anyone other than

The police authority.



For monetary confiscation applies in general provisions on seizure in

the code of judicial procedure. Law (2014:628).