CHAPTER VII
The Request for the Property to Devolve on the State
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Section 75. In the case where an allegation is made that any person holding a political position or any State official has become unusually wealthy, the N.C.C. Commission shall make a preliminary determination as to whether the circumstance or the matter put in the allegation falls within the matters capable of acceptance by the N.C.C. Commission. If the alleged culprit is the person who has already submitted an account showing particulars of assets and liabilities, the N.C.C. Commission shall also take such account into consideration.
The allegation of unusual wealthiness shall be made at the time the alleged culprit is a State official or has ceased to be a State official for not more than two years.
Section 76. The allegation under section 75 shall at least contain the following particulars:
(1) the name and address of the person making the allegation;
(2) the name or position of the alleged culprit;
(3) the allegation and circumstance under which the alleged culprit has allegedly become wealthy.
Section 77. In the case where the allegation meets the requirements in section 75 or the in case where there is a reasonable cause to suspect that a State official who is not a person holding a political position has become unusually wealthy, the N.C.C. Commission shall proceed in accordance with Chapter 4, Fact Inquiry.
Section 78. In the case where the N.C.C. Commission discovers that any property of the alleged culprit is connected with the unusual wealthiness and is under the circumstance convincingly indicative of the possibility of its transfer, move, transformation or concealment, the N.C.C. Commission shall have the power to issue an order of temporary seizure or attachment of that property , without prejudice to the right of the alleged culprit to submit an application for taking such property for use with or without bail or security.
When there occurs a temporary seizure or attachment of the property under paragraph one, the N.C.C. Commission shall cause to be conducted proof of the property without delay. In the case where the alleged culprit is unable to present evidence that the property under temporary seizure or attachment is not connected with the unusual wealthiness, the N.C.C. Commission shall have the power to continue its seizure or attachment until the N.C.C. Commission passes a resolution that the allegation has no prima facie case, which must be within one year as from the date of the seizure or attachment or until the Court passes a final judgment dismissing that case. But, if the proof is successful, the property shall be returned to such person.
Section 79. For the purpose of a fact inquiry, the N.C.C. Commission shall order the alleged culprit to show particulars of assets and liabilities of the alleged culprit in accordance with items and procedures and within the time prescribed by the N.C.C. Commission, which shall not be less than thirty days and shall not be more than sixty days.
Section 80. If the N.C.C. Commission has conducted a fact inquiry and passed a resolution that the alleged culprit has become unusually wealthy, the N.C.C. Commission shall proceed as follows:
(1) in the case where it is the alleged culprit under section 66, the President shall refer the matter to the Prosecutor-General for submission of a motion to the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions requesting the Court to order that the property devolve upon the State;
(2) in the case where the alleged culprit is the person holding the position of President of the Supreme Court of Justice, President of the Constitutional Court, President of the Supreme Administrative Court, Election Commissioner, Ombudsman, judge of the Constitutional Court, member of the State Audit Commission, Vice President of the Supreme Court of Justice, Vice President of the Supreme Administrative Court, Chief of the Military Judicial Office, Deputy Prosecutor-General or is the person holding a high-ranking position, the President shall refer the matter to the Prosecutor-General for submission of a motion to the Court having competence to try and adjudicate the case requesting the Court to order that the property devolve upon the State;
(3) in the case where the alleged culprit is the person holding the position of Prosecutor-General, the President shall submit a motion to the Court having competence to try and adjudicate the case requesting the Court to order that the property devolve upon the State;
(4) in the case where the alleged culprit is a State official who is not the person under (1), (2) and (3), the President shall refer the matter to the Prosecutor-General for submission of a motion to the Court having competence to try and adjudicate the case requesting the Court to order that the property devolve upon the State, and the President shall notify it to the superior or the person having the power to appoint or remove the alleged culprit for the purpose of issuing a punitive order of expulsion or dismissal on the deemed ground of the commission of corruption, except that in the case where the alleged culprit is a judicial official under the law on judicial service, judge of the Administrative Court under the law on establishment of Administrative Courts and Administrative Court Procedure or public prosecutor under the law on public prosecutors service, the President shall notify it to the President of the Judicial Commission, the President of the Judicial Commission of Administrative Courts or the President of the Public Prosecutors Commission, as the case may be, for considering and proceeding with the matter in accordance with the law on judicial service, the law on establishment of Administrative Courts and Administrative Court Procedure or the law on public prosecutors service.
In the case under (1) or (2), when the Prosecutor-General receives the report and documents together with the opinion from the N.C.C. Commission and is of the opinion that the report, documents and opinion referred to by the N.C.C. Commission are not so complete as to justify the institution of legal proceedings, the Prosecutor-General shall notify it to the N.C.C. Commission for further action. For this purpose, the incomplete items shall fully be specified at the same time. In this case, the N.C.C. Commission and Prosecutor-General shall appoint a working committee consisting of representatives of each side in an equal number for the purpose of collecting full evidence to be referred to the Prosecutor-General for further submission of a motion to the Supreme Court of Justice's Criminal Division of Persons Holding Political Positions or the Court having competence to try and adjudicate the case, as the case may be, requesting the Court to give a subsequent order that the property devolve upon the State. In the case where such working committee fails to reach an agreement as to the legal proceedings, the N.C.C. Commission shall have the power to submit a motion to the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions or the Court having competence to try and adjudicate the case, as the case may be, requesting the Court to order that the property devolve upon the State.
In the case under (2), (3) or (4), the Civil Procedure Code shall apply mutatis mutandis.
Section 81. The Prosecutor-General or the President, as the case may be, shall submit a motion requesting the Court to order that the property devolve upon the State under section 80 within ninety days as from the date the matter is received from the N.C.C. Commission.
In the case in which a request is made that the property be ordered to devolve upon the State, onus of proof to the Court that the said property does not result from the unusual wealthiness is upon the alleged culprit.
Section 82. A transfer or any act in connection with the property of the State official which is done after the N.C.C. Commission has ordered such State official to declare particulars of assets and liabilities under section 79 may, if the N.C.C. Commission or the Prosecutor-General, as the case may be, files an application by way of motion, be cancelled or suspended by an order of the Court, unless the transferee or the beneficiary satisfies the Court that the property or benefit has been transferred to acquired in good faith and in return for remuneration.
Section 83. If the Court gives an order that the alleged culprit's property in respect of which the N.C.C. has passed a resolution confirming its representing the unusual wealthiness or the unusual increase devolve upon the State but the execution is unable to be conducted of the whole or part of such property, the execution may be conducted of other property of the alleged culprit within the prescription of ten years, provided that it shall not be conducted in excess of the value of the property ordered by the Court to devolve upon the State.
