Dangerous Drugs Ordinance (Cap. 101), article 24C

24C. (1) Where the Attorney Gen eral receives a request made by a judicial or prosecuting au thority of any place outside Mal ta for the temporary seizure of all or any of the moneys or property, movable or immovable, of a perso n (hereinafter in this article referred to as "the accused") charged or accused in proceedings before the courts of that place of an offence consisting in an act or an omission which if committed in these Islands, or in corresponding circumstances, would constitute any of the offenc es mentioned in article 24A(1)( a), ( b), ( c), ( d) and (e), the Attorney General may apply to the Criminal Court for an order (hereinaft er referred to as a "freezing order ") having the same effect as an order as is referred to in article 22A(1) and the provisions of the s aid article 22A shall, subject to the following provisions of this article, apply mutatis mutandis to that order. (2) The first proviso of article 22A(1) shall not apply to a freezing order made unde r this article unless: (a) the accused is present in Malta on the date the order is made; or (b) the Attorney General or any other interested person present in Malta applies to the court, before or after the order is made, for the application of that proviso in which case the court shall only apply the proviso to the extent that it is satisfied that the application of the proviso is necessary to allow the accused and his family a decent living. (3) In the case of a freezing order under this article it shall be sufficient that the order contains at least four of the particu lars referred to in article 22A(4) and may also contain any other particulars, including the pass port number, of the accused as m ay be useful to identify the accused. (4) Subject to the provisions of sub-article (5), a freezing ord er under this article shall remain in force for a period of six mo nths from the date on which it is made but shall be renewed by the c ourt for further periods of six months upon an application for that purpose by the Attorney General and upon the court being satisf ied that: (a) the conditions which led to the making of the order still exist; or (b) that the accused has been convicted of an offence as is referred to in sub-article (1) in the proceedings referred to in the same sub- article and the sentence in regard to the accused in those proceedings or any DANGEROUS DRUGS [CAP. 101. 31 confiscation order consequential or accessory thereto, whether made in civil or criminal proceedings, has not been executed: Provided that where the accused has been convicted as aforesaid but no confiscation orde r has been made in the senten ce in respect of that conviction th e freezing order s hall neverthe less be renewed as requested by the Atto rney General where the court is satisfied that civil o r criminal proceedings for the making of such an order are pending or are imminent. (5) Any freezing order under this article may be revoked by the Court before the expiration of the period laid down in sub-arti cle (4): (a) at the request of the Attorney General; or (b) at the request of any interested person and after hearing the Attorney Gen eral upon the court being satisfied: (i) that the conditions which led to the making of the order no longer exist; or (ii) that there has been a final decision in the proceedings referred to in sub-article (1) by virtue of which the accused has not been found guilty of any offence as is referred to in the same sub-article. (6) Article 22B shall also apply to any person who acts in contravention of a freezing order under this article. Enforcement of confiscation orders made by courts outside Malta following conviction for offences cognizable by those courts. Added by: XVI. 1996.4. Amended by: XXXI. 2007.41; V .2021.67.