Section 67.Confiscation of proceeds

Confiscation of proceeds pursuant to section 67 shall be effected against the offender or from the person to whom the proceeds have directly accrued as a result of the act. It shall be assumed that the proceeds have accrued to the offender, unless the offender proves on a balance of probabilities that they have accrued to another person.

Section 332.Receiving proceeds from crime

The penalty for receiving proceeds from crime shall be applied to any person who receives or obtains for himself/herself or others part of the proceeds of a criminal act. Objects, claims or services also represent proceeds. Receiving proceeds from crime is punishable even if no one is liable to punishment for the act from which the proceeds originate due to unaccountability, see section 20.

The first paragraph shall not apply to any person who receives the proceeds for ordinary maintenance of himself/herself or others from a person who is obligated to provide such maintenance, or any person who receives the proceeds as normal payment for normal consumer goods, utility articles or services.

The penalty for receiving proceeds from crime is a fine or imprisonment for a term not exceeding two years.

Section 333.Aggravated receiving of proceeds from crime

Aggravated receiving of proceeds from crime is punishable by imprisonment for a term not exceeding six years. In determining whether the receiving of proceeds from crime is aggravated, particular weight shall be given to the sort of act the proceeds originate from, whether the advantage gained by the perpetrator is considerable, and whether the offender has received proceeds from crime on a regular basis. If the proceeds received originate from a narcotic drugs offence, weight shall also be given to the nature and quantity of the substance with which the proceeds are connected.

If the proceeds originate from aggravated robbery, aggravated human trafficking or an especially aggravated narcotic drugs offence, the penalty is imprisonment for a term not exceeding 15 years.

Section 334.Minor receiving of proceeds from crime

A penalty of a fine shall be applied to any person who is guilty of receiving proceeds from crime when culpability is low because the act from which the proceeds originate, the scale of the proceeds or circumstances in general suggest it.

Section 335.Negligent receiving of proceeds from crime

Negligent receiving of proceeds from crime as specified in sections 332 and 333 is punishable by a fine or imprisonment for a term not exceeding two years.

Section 336.Conspiracy to receive proceeds from crime

Any person who enters into a conspiracy with another person to receive proceeds from crime as specified in section 332 shall be subject to a fine or imprisonment for a term not exceeding two years.