Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 23B
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 additio n to
any penalty to which a body corporate may become liable under t he
provisions of article 121D, order the forfeiture in favour of t he
Government of the proceeds of the offence or of such property t he
value of which corresponds to the value of such proceeds whethe r
such proceeds have been received by the person found guilty or by
the body corporate referred t o in the said article 121D.
(1A) Repealed by VI.2024. 4.
(1B) Repealed by VI.2024. 4.
20 CAP. 9.] CRIMINAL CODE
Cap. 12.
(2) Where the proceeds of the offence have been dissipated or
for any other reason whatsoever it is not possible to identify and
forfeit those proceeds or to order the forf eiture of such prope rty the
value of which corres ponds to the value of those proceeds the c ourt
shall sentence the person convicted or the body corporate, or t he
person convicted and the body corporate in solidum , as the case
may be, to the payment of a fine ( multa ) which is the equivalent of
the amount of the proceeds of the offence. The said fine may be
recovered as a civil debt and the sentence of the Court shall
constitute an executive title for all intents and purposes of t he Code
of Organization an d Civil Procedure .
(3) Repealed by VI.2024. 4.
Forfeiture of
property derived
from criminal
activity.
Added by:
XXXI.2007.5.
Amended by:
XXIV .2014.5;
VIII.2015.3;
VI.2024.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.