Money Laundering Control Act Article 18

When a prosecutor obtains sufficient evidence during investigation to believe that an offender has committed an offence prescribed in Articles 19 and 20 by moving property through bank accounts, wire transfers, currency exchanges or other means of payment, the prosecutor may request a court order to prohibit the withdrawal, transfer, payment, delivery and assignment, or to make other necessary disposition of such property, for not more than six months. The prosecutor may, in his or her own authority, stop the above-mentioned transactions, in the event that the situation is urgent and reasonable cause is identified to believe that actions needed to be taken immediately to ensure the integrity of the confiscated property or evidence. However, a court order should be applied for subsequently within three days of the action. In the event that a court order is not issued, or that the prosecutor fails to apply for such an order within three days of the action, the action should be called to a halt immediately.The judge may, at his or her discretion, decide whether to issue a court order to prohibit the withdrawal, transfer, payment, delivery and assignment, or to make other necessary disposition of the property prescribed in the previous paragraph during the trial.The court order prescribed in the preceding two paragraphs should be put into writing and be subject to provisions under Article 128 of the Criminal Procedure Code.In the event that an extension of the action prescribed in paragraph 1 is deemed necessary, an application for extension can be made to the court for a ruling by the prosecutor with specific reasons included, not later than five days before the expiration of the period. However, the extension may not exceed six months, and only one extension will be granted at most.In the event that a request for assistance is made by foreign governments, institutions or international organizations, based on treaties or agreements concluded in accordance with Article 28, or on the principle of reciprocity, if the criminal activity involved constitutes an offence prescribed in Article 3, the preceding four paragraphs may also apply, even if the investigation or trial does not take place in the jurisdiction of the country.When the court order prescribed in paragraphs 1 and 2, or the ruling prescribed in paragraph 4, is found disappointing, provisions concerning interlocutory appeal under Part IV of the Criminal Procedure Code will apply.