Senate moves to amend proceeds of crime bill

The senate has recalled a bill it passed last week — Proceeds of Crimes (Recovery and Management) Bill, 2022. 

The senate had on March 9 passed the bill following the consideration of a report by the joint committee on anti-corruption and financial crimes; and judiciary, human rights and legal matters.

The senate said the amendment of the bill became necessary because clause 74 places the burden of proof on the investigating agencies and not on the defendant.

According to the senate, the clause contravenes a provision of Article 12(7) of the United Nations Convention against Transnational Organised Crime (UNTOC).

Article 12(7) provides that “parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation”.

The bill has been referred to the joint committee on judiciary, human rights and legal matters; and anti-corruption and financial crimes for further legislative actions.

The Proceeds of Crimes (Recovery and Management) Bill, 2022, seeks to provide the restraint, seizure, confiscation and forfeiture of properties derived from unlawful activities.

If signed into law, the bill would expand the mandates of existing statutory institutions to manage proceeds of crime, rather than creating a new body to carry out such function.