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Justice Ministry Circulates Directive to Staff: Asset Seizure and Freezing Decisions Are Confidential

Justice Ministry Circulates Directive to Staff: Asset Seizure and Freezing Decisions Are Confidential

The Ministry of Justice has issued a circular to its employees mandating strict adherence to the confidentiality of decisions issued by the Public Prosecution regarding the preservation or freezing of assets. The ministry emphasized that these decisions constitute precautionary measures linked to cases still under investigation, and are inherently confidential, requiring that they not be disclosed, circulated, or published.

This circular follows a communication from the Public Prosecution, which affirmed that preservation and freezing decisions contain data whose confidentiality is mandated by law, given that their disclosure could undermine the course of justice and the progress of investigations, as well as infringe upon the rights and financial privacy of the individuals and companies involved.

The communication noted that Article 13 of Law No. 1 of 1993 concerning the Protection of Public Assets imposes a prison sentence of up to three years on any employee, staff member, or worker in state entities who discloses information that is inherently confidential or subject to specific instructions, if such disclosure harms the interests of the entity or benefits a third party.

It further added that Article 7 of Law No. 63 of 2015 concerning the Combating of Information Technology Crimes, along with Articles 21/6 and 27/3 of the Press and Publications Law, criminalize the publication of documents or papers whose confidentiality or non-publication is determined by law, even if the published information is accurate, except for official statements issued regarding them.

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