Uzyskiwanie przez prokuratora informacji i danych od instytucji obowiązanych na podstawie ustawy z dnia 1 marca 2018 r. o przeciwdziałaniu praniu pieniędzy oraz finansowaniu terroryzmu.

Abstract

The article begins with an explanation of why the problem of gaining information by prosecutor from the obliged institutions was addressed. It has also been highlighted that the bill of 1 March 2018 contraposing money laundering and finansing terrorism also allows gathering evidence referring to other crimes than the ones described in art 165a p.c. and art. 299 p.c. The policy of Anti Money Laundering in the above mentioned institutions was then explained. The process of customer monitoring and KYC data gathering was then characterised. The author has formulated specific questions which a prosecutor can put forward to a financial institution, hoping that the answer they receive will indicate crucial circumstances for the investigation. In the next part, the article describes functioning of payment module, the functioning of transactional scenarios and what other information one can require from the entities mentioned in art. 2 act 1 of the bill. Special attention has been put to the importance of the document called ‘inner procedure of the obliged institution’, which refers to the most important procedures AML/CFT, committing crime suspicion report, control and audit, data management and the role of the board and AML Officer in a company amongst others. The next part of the text entitled ‘virtual currency activities record pertains to the rules of signing up in the record, its character and the information gathered in the set which can be useful for a prosecutor. The article concludes with a summary of the topic undertaken.