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.

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