Capítulo III

In the criminal prosecution of the crimes and execution of the penalties established by this law, the procedure set forth in the Code of Criminal Procedure for crimes of public action shall apply.

Due to the nature of the crimes contemplated in this law, in observance of what is prescribed in the Political Constitution of the Republic, the diligences and actions carried out in the course of the preparatory procedure of the criminal proceedings shall be confidential.

The Judge or Tribunal hearing the proceedings may issue at any time, without prior notification or hearing, any precautionary order or guarantee measure established by law aimed at preserving the availability of the property, proceeds or instruments derived from or related to the crime of money laundering or other assets, when requested by the Public Prosecutor's Office. This request shall be heard and resolved by the Judge or Tribunal immediately.

In case of danger due to delay, the Public Prosecutor's Office may order the seizure, attachment or immobilization of property, documents and bank accounts, but shall immediately request judicial validation, attaching the respective inventory thereof and indicating the place where they are located. If the judge or tribunal does not confirm the precautionary measure, it shall order in the same act the return of the property, documents or bank accounts subject thereto.

The property, products or instruments subject to interim protective measures shall remain in the custody of the Public Prosecutor's Office or of the person designated by it, who shall be liable for their preservation for their incorporation into the proceedings.

The ordered precautionary measures may be reviewed, revoked or modified at any time by the Judge or Tribunal, at the request of a party, in all cases guaranteeing the right to a hearing.

When it is not possible to establish the holder of the ownership right or of any other real right over the objects, instruments and proceeds of the crime of money laundering or other assets subject to guarantee measures, or these are not claimed during a time limit of three months, the judge may, after a prior hearing for those who according to the record may have a legitimate interest therein, authorize the temporary use of said property, proceeds or instruments to the authorities responsible for preventing, controlling, investigating, and prosecuting the crime of money laundering or other assets.

The measures and sanctions referred to in Articles 11, 12, and 15 shall apply except for the rights of third parties in good faith.

The judge or tribunal of the case may order the return, as a deposit during the proceedings, to the claimant of the property, proceeds or instruments of lawful commerce when it has been proven and concluded in the incidental proceedings that:

a)The claimant has a legitimate right with respect to the property, proceeds or instruments;

b)The claimant cannot be charged with any type of participation, collusion or implication with respect to crimes of money laundering or other assets, which are the subject of the proceedings.

c)The claimant did not acquire any right to the property, proceeds or instruments from the person being prosecuted under circumstances that would reasonably lead to conclude that the right thereto was transferred to him or her to avoid the possible subsequent forfeiture thereof, and

d)The claimant did everything reasonable to prevent the illegal use of the property, proceeds or instruments.

The claimant shall have the obligation to exhibit such property, proceeds or instruments when so requested by the competent judge or tribunal or the Public Prosecutor's Office.

Articles 8, 14, 15, 16 and 17 of this Law shall apply only when in the judgment it is declared, by the competent tribunal, that the action of extinction of domain does not proceed, in the form provided in the law on the matter, which takes precedence over this Law.