RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 15, 2005 No. 5

About practice of application by courts of the legislation about criminal responsibility for legalization (washing) of income gained in the criminal way

For the purpose of the correct and identical application by courts of the legislation on responsibility for legalization (washing) of income gained in the criminal way and in connection with the questions arising in court practice during consideration of this category of cases, the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that according to p.1 Art. 209 of the Criminal code of Ukraine (further - UK) the compulsory provision in case of which there comes responsibility for legalization (washing) of income gained in the criminal way receipt of such income owing to making of the note determined in item 1 to Art. 209 of UK of socially dangerous illegal act (further - predicate act) is.

On contents of item 1 of the note to Art. 209 of UK can be predicate act:

- act which according to UK is crime and for which the relevant article (part of Article) of this Code prescribes custodial sanction for term at least than three years;

- act which is recognized crime according to the penal legislation of other state if UK of Ukraine for the same act is provided criminal liability in the form of imprisonment for term at least than three years.

Criminal liability according to Art. 209 of UK is not excluded and when person who made predicate act was exempted from criminal liability in the procedure established by the law (in connection with the termination of prescriptive limits, application of amnesty and so forth) or was not brought to such responsibility (for example, in connection with death), and received owing to the specified act of means or other property became legalization subject.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info