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Article 39
The imposition of any sanction under this Section shall not preclude the imposition on
financial institutions or designated businesses and professions of supervisory penalties or
measures under Article 15.
Article 40
Without prejudice to the provisions of Articles (28) and (29) and to the rights of
third persons in good faith, the Court shall, in the event of a conviction for any of the other
offenses mentioned in this Law, order the confiscation of the following funds and
instrumentalities:
a. proceeds of crime, including funds intermingled with, derived from or
exchanged for such proceeds;
b. income and other benefits obtained from proceeds of crime;
c. funds objects of the offense; or
The Court shall rule on the equivalent in value to funds and instrumentalities mentioned in
subparagraphs (a), (b) and (c) that cannot be located or are no longer available for the
purpose of confiscation.
Funds referred to in paragraph (1) may not be confiscated if their owner can establish good
faith showing that funds were acquired by paying a fair price or in return for the provision of
services corresponding to the value of such funds, or based on other legitimate grounds, and
that he/she was unaware of their illicit origin.
Death of the perpetrator shall not impede confiscation of the funds and instrumentalities
under the provision mentioned in paragraph (1) of this Article.
Article 41
Unless the law stipulates otherwise, funds that are confiscated shall accrue to the Public
Treasury. These funds remain bearing any rights lawfully adjudicated in favor of third parties
acting in good faith.
CHAPTER 5 – FINAL PROVISIONS
Article 42
Lapse of time shall not cause the dismissal of the criminal case or the penalty related to
crimes mentioned in this Law.
The provisions of articles 81 or 82 of the Penal Code may not be applied to such offenses.