Financial Crime World

Administrative Offenses Law in Macau (MSAR)

Overview

This law document establishes a framework for handling administrative offenses in Macau (MSAR), outlining the procedure for investigation, enforcement, and liability. The following articles summarize the key provisions of this legislation.

Article 7-A: Definition of Administrative Offense

An administrative offense is any action or omission that breaches a duty established by law.

Article 7-B: Liability Entities

The following entities are subject to liability for administrative offenses:

  • Natural persons
  • Legal persons (e.g., companies)

Article 7-C: Procedure for Handling Administrative Offenses

The procedure for handling administrative offenses includes:

Competent Authorities

  • The competent authorities responsible for investigating and preparing enforcement procedures.
  • The Chief Executive’s role in rendering final decisions on administrative offenses.
  • The non-delegable nature of these competencies.
  • The application of penalties does not release offenders from compliance with their duties.

Article 7-D: Liability for Legal Persons

Liability for legal persons includes:

Joint and Several Liability

  • Joint and several liability for fines, damages, and other costs.
  • Exclusion of liability when an agent acts against the instructions of a superior.
  • Individual liability of agents.

Article 7-E: Liability to Pay Fines

The following entities are liable to pay fines:

  • The offender (natural or legal person).
  • Administrators or representatives of a legal person.
  • The common patrimony of an association without legal personality or special commission.

Chapter IV: Final Provisions

Regulatory Provisions

  • Article 8 outlines regulatory provisions related to administrative offenses, including the creation of a supervision system and the competent authorities responsible for enforcing duties.
  • Article 9 repeals certain articles from Law No. 6/97/M and Decree-Law No. 24/98/M.
  • Article 10 amends Law No. 6/97/M to include money laundering as an aggravating circumstance.
  • Article 11 specifies the entry into force of the law, which is effective the day after publication.

Overall, this law aims to establish a framework for handling administrative offenses in Macau (MSAR), ensuring that procedures are in place for investigation, enforcement, and liability.