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Appreciation:

This article has been prepared with the kind assistance of Chaninat & Leeds, managed by a US lawyer in Thailand. Chaninat & Leeds is a full-service law firm practicing both family and business law, specializing in immigration, divorce cases, land acquisition and company registration.



 

Section 50 The person claiming ownership in the asset in respect of which the public prosecutor has filed an application for it to be vested in the State under section 49 may, before the Court gives an order under section 51, file an application satisfying that:
(1) the applicant is the real owner and the asset is not the asset connected with the commission of the offence, or
(2) the applicant is a transferee in good faith and for value or has secured its acquisition in good faith and appropriately in the course of good morals or public charity.

The person claiming to be a beneficiary of the asset in respect of which the public prosecutor has filed an application for it to be vested in the State under section 49 may file an application for the protection of his or her rights before the Court gives an order. For this purpose, the person shall satisfy that he or she is a beneficiary in good faith and for value or has obtained the benefit in good faith and appropriately in the course of good morals or public charity.

Section 5128 When the Court has conducted an inquiry into an application filed by the public prosecutor under section 49, if the Court is satisfied that the asset to which the application relates is the asset connected with the commission of the offence and that the application of the person claiming to be the owner or transferee thereof under section 50 paragraph one is not tenable, the Court shall give an order that the asset be vested in the State.

Asset under paragraph one, if it is money, the Office shall forward one half to the Fund and another half to Ministry of Finance. If it is other type of asset , rules of cabinet shall be followed.

For the purpose of this section, if the person claiming to be the owner or transferee of the asset under section 50 paragraph one is the person who is or was associated with an offender of a predicate offence or an offence of money laundering, it shall be presumed that all such asset is the asset connected with the commission of the offence or transferred in bad faith, as the case may be.

Section 51/129 If the court sees that asset in the petition is not related to commission of an offense, the court shall return the said asset. In such case, where there is no claimant to the restrained asset within two year from the date the Court made the return order, the asset shall fall into the Fund.”

In the case where a claimant filed a petition under other law which has longer than two years of limitation, the Office shall return the asset to the claimant. If the asset is in the condition that can not be returned, instead, the money shall be paid from the Fund. If there is no claimant within twenty years, the asset shall fall into the Fund. Rules and guidelines in custody and maintenance of asset or money that is yet to be claimed shall be in accordance with the rules prescribed by the Board”

Section 52 In the case where the Court has ordered that the asset be vested in the State under section 51, if the Court conducts an inquiry into the application of the person claiming to be the beneficiary under section 50 paragraph two and is of the opinion that it is tenable, the Court shall give an order protecting the rights of the beneficiary with or without any conditions.

For the purpose of this section, if the person claiming to be the beneficiary under section 50 paragraph two is the person who is or was associated with an offender of a predicate offence or an offence of money laundering, it shall be presumed that such benefit is the benefit the existence or acquisition of which is in bad faith.

Section 53 In the case where the Court has ordered that the asset be vested in the State under section 51, if it subsequently appears from an application by the owner, transferee or beneficiary thereof and from the Court's inquiry that it is the case under the provisions of section 50, the Court shall order a return of such asset or determine conditions for the protection of the rights of the beneficiary. If the return of the asset or the protection of the right thereto is not possible, payment of its price or compensation therefore shall be made, as the case may be.

The application under paragraph one shall be filed within one year as from the Court's order that the asset be vested in the State becoming final and the applicant must prove that the application under section 50 was unable to be filed due to the lack of knowledge of the publication or written notice by the Secretary-General or other reasonable intervening cause.

Before the Court gives an order under paragraph one, the Court shall notify the Secretary-General of such application and give the public prosecutor an opportunity to enter an appearance and present an opposition to the application.

Section 54 In the case where the Court has given an order that the asset connected with the commission of the offence be vested in the State under section 51, if there appears additional asset connected with the commission of the offence, the public prosecutor may file an application for a Court's order that such asset be vested in the State, and the provisions of this Chapter shall apply mutatis mutandis.

Section 55 After the public prosecutor has filed an application under section 49, if there is a reasonable ground to believe that the asset connected with the commission of the offence may be transferred, distributed or taken away, the Secretary-General may refer the case to the public prosecutor for filing an ex parte application with the Court for its provisional order seizing or attaching such asset prior to an order under section 51. Upon receipt of such application, the Court shall consider it as a matter of urgency. If there is convincing evidence that the application is justifiable, the Court shall give an order as requested without delay.

Section 56 When the Transaction Committee or the Secretary-General, as the case may be, has given an order seizing or attaching any asset under section 48, the competent official entrusted shall carry out the seizure or attachment of the asset in accordance with the order and report it together with the valuation of that asset without delay.

The seizure or attachment of the asset and the valuation thereof shall be in accordance with the rules, procedure and conditions prescribed in the Ministerial Regulation

Provided that the provisions of the Civil Procedure Code shall apply mutatis mutandis.

Section 5730 The retention and management of the asset seized or attached by an order of the Transaction Committee or the Secretary-General or the court, under this chapter, as the case may be, shall be in accordance with the rules prescribed by the Board.

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28. Section 51 amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

29. Section 51/1 added in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

30. Section 57 paragraph one amended in accordance with the Anti-Money Laundering Act (No.2) B.E. 2551 (2008)

 

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