Law No. 1.535 of December 9, 2022 on the seizure and confiscation of instruments and proceeds of crime

Law No. 1.535 of December 9, 2022 aims to strengthen the anti-money laundering system.

The law has clarified that the “things” seized or confiscated can be tangible or intangible assets such as values.

The following modifications have been made to various Monegasque texts :

– Amendment of Article 122-2 of the Criminal Code : the seizure of assets solely for confiscation has been extended to all offenses related to criminal acts (such as fraud, corruption, influence peddling, and money laundering) ;

– Amendment of Article 12 of the Criminal Code, which opens up the possibility of seizures and confiscation of “criminal, correctional and simple police” matters as a common and general penalty for all “underlying” offenses ;

– Creation of Article 95 in the Law of June 24, 2013, creating a service for the management of seized or confiscated assets placed under the authority of the Director of Judicial Services ;

– Creation of Article 33 of the Code of Civil Procedure, establishing specialized assistants participating in money laundering procedures.