CRIMINAL CODE
[CAP. 9.
19
For the purposes of this sub-article "illness" shall mean the
inability of the suspected or accused person to attend the criminal
proceedings for an extended period, as a result of which the
proceedings cannot continue under normal conditions.
(4) Saving the provisions of sub-article (2) the Court shall in
addition to any other punishment, in its sentence or at any time
thereafter, order the forfeiture of all proceeds or other property the
value of which corresponds to proceeds, which, directly or
indirectly, were transferred by a suspected or accused person to a
third party, or which were acquired by a third party from a
suspected or accused person, when the third party knew or ought to
have known that the purpose of the transfer or acquisition was to
avoid confiscation.
(5) Nothing shall preclude the detection and tracing of property
as provided for under this Code or any other law, to be frozen and
confiscated after a final conviction for an offence or following
proceedings in terms of sub-article (3), and to ensure the effective
execution of a confiscation order, when such an order has already
been issued.
(6)
For the purposes of this article:
"relevant offence" means any offence not being one of an
involuntary nature, liable to the punishment of imprisonment for a
term of more than one year;
"property" shall have the same meaning assigned to it by article
23B(3).
23D. (1) Where the court makes any order as is mentioned in
articles 23A to 23C, both articles inclusive, it shall order the
Registrar to conduct inquiries to trace and ascertain the
whereabouts of any moneys or other property, due or pertaining to
or under the control of the person charged or accused or convicted,
as the case may be:
Registrar to
conduct inquiries.
Added by:
VII. 2010.5.
Amended by:
IV. 2014.3.
Provided that for the purposes of this subarticle "property"
and "proceeds" shall have the meaning assigned to them
respectively by article 23B(3).
(2) Whosoever is required by the Registrar to provide
information for the purpose of sub-article (1) shall comply with the
demand within thirty days from the day of receipt of the demand.
(3) The demand made by the Registrar, and any reply
thereupon in terms of this article, may be made by electronic mail.
24. In the case of any contravention committed by a person
who is under the authority, control or charge of another person, not
only the person committing the contravention but also such other
person shall be liable to punishment, if the contravention is against
some provision the observance of which such other person was
bound to enforce, and if the contravention could have been
prevented by the exercise of diligence on the part of such other
person.
Liability of person
having the charge
of another, in case
of contravention.
Added by:
VIII.1909.2.