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  • X. Concluding Provisions

    • Article 43

       1-the Public Prosecution, either upon its own motion or upon request by the criminal investigating officer, may order that any person or FIs -through the supervisory authority-or DNFBPs or NPOs provide records, document or information. The requested entity shall execute the order as specified in the order, accurately, and without delay. The Implementing Regulation of this law shall clarify the relevant mechanisms.
       2-Whoever has been served with an order under Sup (1) in this Article shall not disclose to any person the existence or operation of the order, except where such a disclosure is made to other staff or members of the management for the purpose of obtaining advice or determining steps to comply with the order.

    • Article 44

       1-The Public Prosecution, either of its own motion or upon request by the Directorate of financial intelligence or the criminal investigating officer, based on a suspicion of money laundering or a predicate offence, may order the provisional seizure of funds that are or may become subject to confiscation for a period not exceeding 60 days. An order under this Article shall be issued and executed without prior notice to the party concerned. An order under this Article may be extended for a longer period pursuant to a judicial order from the competent court but shall not prejudice the rights of bona fide third parties.
       2-Upon the issuance of the provisional seizure, the Public Prosecution may determine that the funds subject to the order remain under the management of the person that held an interest in it at the time of issuance of the order or a third party, or such funds be transferred by order from the competent court to a designated authority if this is deemed necessary to mitigate the risk of dissipation of the funds.

    • Article 45

      Without prejudice to the provisions of the criminal procedures law, the Public Prosecution may, at its own motion or upon the request of the criminal investigating officer, may issue a warrant permitting the criminal investigating officer or the investigator to enter houses, offices or the Headquarters of the reporting entity to search for, detect and arrest persons, or to search for and seize funds, properties, documents, evidence or information relating to a predicate crime or a ML crime at any time during the period specified in the Search Warrant. In case of urgency, there is no need to obtain a warrant, provided that a report will be written indicating the reasons and grounds of urgency. The order under this Article should be made ex parte and without prior notice to the party concerned. The Public Prosecution will inform the supervising authority of the reporting entities on the procedures taken in this regard.

    • Article 46

      Without prejudice to the provisions of the criminal procedures law, the Public Prosecution may, at its own motion or upon the request of the criminal investigating officer, may issue a reasoned order permitting the criminal investigating officer or the investigator to monitor, control, record, intercept, seize and have access to all forms of evidence, records and messages including letters, publications, parcels, all forms of communications, telephonic conversations, information and data saved in computers, as specified in the Order, whether for a predicate crime or a ML crime. The order under this Article should be made ex parte and without prior notice to the party concerned .

    • Article 47

      The competent court shall have jurisdiction to decide on all crimes provided for in this Law.

    • Article 48

      The Public Prosecution shall investigate and prosecute crimes stipulated in the Law at the competent court, and it shall issues guidelines and instruction to the competent authorities under its supervision by the criminal procedures law.

    • Article 49

      Criminal investigating officers shall have the responsibility of searching, enquiring, and gathering evidence in relation to crimes stipulated in this law each within their own purview as well as criminal and administrative investigation aimed at identifying, tracing or securing proceeds of crime or instrumentalities.

    • Article 50

      The President of the State Security, upon agreement with the Minister of Finance and the Attorney General of the Public Prosecution, shall issue the Implementing Regulations of this Law within no more than ninety days from the date of its issuance.