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Article (49)

IA-BOD-RES 10/2019
  1. The public prosecution and Law Enforcement Authorities shall, when launching an investigation and collecting evidence for a Predicate Offense, when necessary, take into consideration the extent to which the financial aspects of the criminal activity are connected with Money Laundering, Financing of Terrorism, or the Financing of Illegal Organisations, in order to determine the scope of the crime, identify and track proceeds and any other funds that may be subject to confiscation and strengthen evidence of the crime.
     
  2. The public prosecution shall request the opinion of the FIU on the notifications received in relation to Money Laundering, Financing of Terrorism or Financing of Illegal Organisations cases.
     
  3. Law Enforcement Authorities shall be responsible for receiving, and following up on, the results of STR analysis from the FIU and for gathering the related evidence.
     
  4. The public prosecution and Law Enforcement Authorities shall promptly identify, trace and seize Funds, Proceeds and Means that might be subject to Confiscation and linked to the Crime.
     
  5. Law Enforcement Authorities shall obtain the information directly from Competent Authorities, even if it is subject to banking secrecy or professional confidentiality, as they deem fit so they can perform their duties in detecting the Crime or its perpetrator(s) and collecting evidence about them, and the authority, who is the recipient of the information request, shall execute the request without delay.