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Continuing laundering activity after a predicate offence's...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence.
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Continuing laundering activity after a predicate offence's inclusion in the schedule permits prosecution and attachment under the PMLA; retrospective criminalisation of the prior predicate act is not relied upon, rather the penal consequence attaches to ongoing possession, use or enjoyment of proceeds after inclusion, so Article 20(1) is not infringed. Attachment and confiscation are civil, preventive measures aimed at depriving benefits of crime and remain valid where proceeds subsist and are traceable. Discharge based on conflating commission date of the predicate offence with laundering was erroneous, and the matter requires full trial with proceedings reinstated.
Continuing laundering activity after a predicate offence's inclusion in the schedule permits prosecution and attachment under the PMLA; retrospective criminalisation of the prior predicate act is not relied upon, rather the penal consequence attaches to ongoing possession, use or enjoyment of proceeds after inclusion, so Article 20(1) is not infringed. Attachment and confiscation are civil, preventive measures aimed at depriving benefits of crime and remain valid where proceeds subsist and are traceable. Discharge based on conflating commission date of the predicate offence with laundering was erroneous, and the matter requires full trial with proceedings reinstated.
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