CRIMINAL CODE
[CAP. 9.
17
virtue of this article as if it were an order made by the Court under
the said article 5 of the Act.
(3) Where the court does not proceed forthwith to make an
order as required under subarticle (2) the court shall forthwith
make a temporary freezing order having the same effect as an order
made under article 5 of the Act which temporary order shall remain
in force until such time as the court makes the order required by the
said subarticle.
(4) Where for any reason whatsoever the court denies a request
made by the prosecution for an order under subarticle (2) the
Attorney General may, within three working days from the date of
the court’s decision, apply to the Criminal Court to make the
required order and the provisions of article 5 of the Act shall apply
mutatis mutandis to the order made by the Criminal Court under
this subarticle as if were an order made by the court under the same
article 5. The temporary freezing order made under subarticle (3)
shall remain in force until the Criminal Court determines the
application.
(5) The person charged may within three working days from
the date of the making of the order under subarticle (2) apply to the
Criminal Court for the revocation of the order provided that the
order made under subarticle (2) shall remain in force unless
revoked by the Criminal Court.
23B. (1) Without prejudice to the provisions of article 23 the
court shall, in addition to any punishment to which the person
convicted of a relevant offence may be sentenced and in addition to
any penalty to which a body corporate may become liable under the
provisions of article 121D, order the forfeiture in favour of the
Government of the proceeds of the offence or of such property the
value of which corresponds to the value of such proceeds whether
such proceeds have been received by the person found guilty or by
the body corporate referred to in the said article 121D.
(1A) Any property, whether in Malta or outside Malta, of or in
the possession or under the control of any person convicted of a
relevant offence or in the possession or under the control of a body
corporate as may become liable under the provisions of article
121D shall, unless proved to the contrary, be deemed to be derived
from the relevant offence and be liable to confiscation or forfeiture
by the court.
(1B) The provisions of article 7 of the Act shall mutatis mutandis
apply sohowever that any reference in that article to "article 3(3)"
shall be construed as a reference to subarticle (1A) of this article
and any reference in the said article 7 to "an offence under article
3" shall be construed as a reference to a relevant offence.
Forfeiture of
proceeds.
Added by:
III. 2002.9.
Amended by:
XXXI. 2007.4;
VIII. 2015.2.