Capítulo II. Del delito, de los responsables y de las penas

Commits the crime of money laundering or other assets whoever, by himself or herself, or through an interposed person:

a)Invests, converts, transfers or carries out any financial transaction with property or money, knowing, or who by reason of his position, employment, occupation or profession is obligated to know, that the same are the product, proceed or originate from the commission of a crime;

b)Acquires, possesses, administers, holds or uses property or money knowing, or who by reason of his position, employment, occupation or profession is obligated to know, that the same are the product, proceed or originate from the commission of a crime;

c)Conceals or prevents the determination of the true nature, origin, location, destination, movement or ownership of property or money or of rights relating to such property or money, knowing, or who by reason of his position, employment, occupation or profession is obligated to know, that the same are the product of the commission of a crime.

The crime of money laundering or other assets is autonomous and for its prosecution no indictment, judgment or conviction relating to the crime from which the property, money or other assets proceed or originate is required.

Evidence of knowledge of the illicit provenance or origin of the property, money or other assets, required in the crimes of money laundering, may be established by any evidentiary means, in accordance with the Code of Criminal Procedure including inferences drawn from the objective circumstances of the case.

as well as the attempt to commit it, shall be punished

The crimes covered in this law shall give rise to active or passive extradition, in accordance with the legislation in force.

The person liable for the crime of money laundering or other assets shall be sanctioned with non-commutable imprisonment of six to twenty years, plus a fine equal to the value of the property, instruments or products constituting the object of the crime; the forfeiture, loss or destruction of the objects derived from the commission of the crime or of the instruments used for its commission; the payment of costs and procedural expenses; and the publication of the judgment in at least two of the written social communication media of greatest circulation in the country.

If the crime is committed by a foreign person, in addition to the penalties to which they have become subject, the penalty of expulsion from the national territory shall be imposed, which shall be executed immediately after they have served such penalties.

The crimes provided for in this law shall be imputable to legal persons, independently of the criminal liability of their owners, directors, managers, administrators, officers, employees or legal representatives, when involving acts carried out by their regular organs provided they are within the normal or apparent course or purpose of their business.

In this case, in addition to the sanctions applicable to the persons responsible, a fine of ten thousand dollars (USA $10,000.00) to six hundred twenty-five thousand dollars (USA $625,000.00) of the United States of America or its equivalent in national currency shall be imposed on the legal person, taking into account the gravity and circumstances in which the crime was committed, and it shall be warned that in case of recidivism the cancellation of its legal personality in definitive form shall be ordered.

The legal person shall also be sanctioned with forfeiture, loss or destruction of the objects derived from the commission of the crime or of the instruments used for its commission; payment of costs and procedural expenses, and publication of the judgment in at least two of the written social communication media with the largest circulation in the country.

When dealing with legal persons subject to the supervision and oversight of the Superintendency of Banks, the judge shall notify said supervisory body of the respective conviction judgment, so that it may proceed to apply the measures contained in the laws on the matter.

Those found liable for participating in the proposition or conspiracy to commit the crime of money laundering or other assets with the same penalty of imprisonment indicated in Article 4 for the consummated crime, reduced by one third, and other accessory penalties.

If the crime of money laundering or other assets is committed by those holding a popularly elected office, a public official or public employee, or a public official or employee of the Special Verification Intendancy, on the occasion of the exercise of their office, they shall be punished with the corresponding penalty increased by one third, and other accessory penalties. In addition, the accessory penalty of special disqualification from the exercise of public office or employment for twice the duration of the penalty of deprivation of liberty shall be imposed on them.

For the purposes of this law, forfeiture consists of the loss in favor of the State of the property, instruments or proceeds used in or derived from the commission of the crime of money laundering or other assets, declared in a judgment, unless they belong to a third party not responsible for the act.

Where the aforementioned objects are of prohibited use or are not of lawful commerce, forfeiture shall be ordered even if the existence of the crime or the culpability of the suspect or accused is not declared or the person responsible for the crime is unknown.