With the new provision, the control is extended to those who are sentenced even to small sentences, if the offense results in financial gain!!…..
“Entangled with accusations for money laundering will be those who are sentenced to any prison sentence, small or large, if the offense for which they were tried derives a financial benefit.”
This provides for an amendment added to the legislation and will complement the latest law, 4734/2020, for fight against black money.
The relevant provision was added, at her request Authority for Combating Money Laundering, and is of particular importance, as it tightens the legal framework and gives law enforcement authorities more control the circulation of "black money".
By applying the provision, any criminal offense from which a property benefit arises and is or misdemeanor punishable by imprisonment either a felony punishable by imprisonment, is considered a basic offense that should to investigate whether it is also linked to money laundering.
particularly, Article 3 of Law. 4734/2020 provided, including, that any offense for which a property benefit arises and is punishable by imprisonment is now considered "Basic offense" which needs to be further investigated to determine whether the offender also committed the offense of money laundering.
The amendment specifically provides:
"In the true sense of the word. r) of the article 4 of Law. 4557/2018 (A’ 139), as amended by Article 3 of Law. 4734/2020 (A’ 196), in the "basic offenses" of n. 4557/2018, includes all offenses for which a material gain arises and which is punishable by at least a prison sentence ".
in explanatory memorandum accompanying this provision is explained as:
"The proposed regulation clarifies that the true meaning of approx. r) of the article 4 of Law. 4557/2018 (A’ 139), as amended by Article 3 of Law. 4734/2020 (A’ 196), is that in the "basic offenses" of n. 4557/2018, includes all offenses for which a property benefit arises and carries at least a prison sentence. Given, that the amendment of n. 4734/2020 aims to tighten the current legal framework, it becomes clear that the purpose of the legislator, is to cover any offense for which a custodial sentence is provided, however in the sense of imprisonment or imprisonment, without eliminating any possibility of escaping from the regulatory scope of the device.
Any other interpretation would cause inadmissible evaluative antinomy and would lead to the paradoxical result of its application only to misdemeanor offenses., excluding the heavier -criminal- nature of criminal offenses, which in no case results from the ratio of the device.
The above is confirmed by Memorandum from the President of the Anti-Money Laundering Authority to the Standing Committee on Economic Affairs of the Hellenic Parliament, from which the wording of the article was adopted verbatim 3 of Law. 4734/2020 and which emphasizes the need to expand and tighten the scope of approx. r) of the article 4 of Law. 4557/2018, taking into account the new Penal Code.
The same intention to tighten is also clear from the minutes of the parliamentary procedure which ultimately led to the adoption of the. 4734/2020.»
Checks of deposits and lockers
It is reminded that the new law 4734/2020, προβλέπει αυστηρότερους ελέγχους καταθέσεων, lockers, credit card and loan transactions over a decade, from 8 διωκτικές Αρχές.
For these checks, banking removed, professional and any secrecy vis-.-vis public services.
The relevant provision makes it clear, how to control bank deposits and other financial investments, of lockers, credit cards and loans, μπορεί να εκτείνεται σε βάθος μια δεκαετίας πίσω, from the submission of the request of the competent Authority for Combating Money Laundering from Criminal Activities, or from another body.
The authorities that are responsible for prosecuting money laundering are 8 in general and in particular the following:
- All the services of A.A.D.E.. (B.C. ΚΕΦΟΜΕΠ, ΚΕΜΕΠ, YEDDE etc.)
- The Financial Crime Prosecution Corps
- The Internal Audit Unit of the Ministry of Finance
- The Financial Police,
- The services of the Insurance Debt Collection Center (KEAO) of e-EFKA,
- The financial prosecutor,
- The Corruption Crimes Prosecutor,
- The Authority for Combating Money Laundering.
All the above Principles, can access the Bank Accounts and Payment Accounts System (Σ.Μ.Τ.Λ. and L.P.), which is the central automated electronic data retrieval mechanism for the timely identification of any persons who own or control bank accounts or mailboxes.