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Criminal penalties

Articles 70 to 80 of Act 1362 of 3 August 2009 amended define the criminal penalties:

Article 70: “Any person who obstructs or attempts to obstruct the controls exercised by virtue of Articles 49, 54 and 57 shall be punished by imprisonment for one to six months and by a fine laid down in point 4 of Article 26 of the Criminal Code or only one of these two penalties.”

Article 71: “Any person who infringes the provisions of Articles 36 and 39 to 42, shall be punished by the fine laid down in point 4 of Article 26 of the Criminal Code, which may be increased up to a maximum of five times. Any person who infringes the provisions of Articles 19, 20, 22, and 23 shall be punished by the fine laid down in point 3 of Article 26 of the Criminal Code.”

Article 72: “Any person who infringes the mandatory declaration set out in Article 60 shall be punished by a fine equal to half of the sum concerned by the offence or attempted offence, without prejudice to any seizure and confiscation of the cash or bearer instruments concerned, delivered under the conditions laid down in Article 12 of the Criminal Code.”

Article 73: “Any person who fails to comply with the non-disclosure requirement of Articles 36, 40, 41, and 53 shall be punished by the fine laid down in point 4 of Article 26 of the Criminal Code.”

Article 74: “Any person who discloses requests for information or documents, as well as any exchange of intelligence laid down in Article 50, shall be punished by the fine laid down in point 4 of Article 26 of the Criminal Code.”

Article 75: “Any person who discloses evidence that could identify the whistle-blower or the person concerned by a report mentioned in Article 31, shall be punished by three years imprisonment as well as the fine laid down in point 4 of Article 26 of the Criminal Code.”

Article 76: “Any person who contravenes the exercise of the right mentioned in Article 31, shall be punished by two years’ imprisonment and the fine laid down in point 4 of Article 26 of the Criminal Code.”

Article 77: “Natural or legal persons that do not fulfil the obligations of Article 26 are liable to the fine laid down in point 4 of Article 26 of the Criminal Code, which may be increased up to a maximum of five times.”

Article 80: “Attempted offences as described by this Act shall be punished by the same penalties as the offences themselves.”

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