Criminal Code (Cap. 9), article 23C

23C. (1) Where it is established that the value of the property of the person found guilty of a relevant offence is disproporti onate to his lawful income and the co urt can reasonably presume that it is substantially more probable, that the property in question has been obtained from the criminal activity of that person rather than from other activities, that property shall be liable to forfeiture. Cap. 101. (2) (a) When a person has been found guilty of a relevant offence and in consequence thereo f any moneys or other movable property or any immovable property is liable to forfeiture, the provisions of article 22(3A)(b) and (7) of the Dangerous Drugs Ordinance shall apply mutatis mutandis in the circumstances mentioned in those paragraphs. (b) the Court shall order the forfeiture in favour of the Government of such moneys or other movable property and such immovable property of the pers on found guilty of the relevant o ffence which constitute the proceeds of t he said offence even if the m ovable or immovable property has since the offender was charged passed into the hands of third parties and ev en if the said moneys, movable property or immovable property are situated in any place outsid e Malta. (3) Where a person has been charged or accused of a relevant offence which is liable to give rise, directly or indirectly, t o an economic benefit, and proceedings cannot c ontinue due to the illness or absconding of the said person, and the court based o n specific facts is fully convinced that such proceedings could h ave led to the conviction of the person charged or accused had he appeared in the proceedings or st ood trial, it shall be lawful for the court to order the confiscation of the instrumentalities and pr oceeds of the said offence: For the purposes of this sub-article "illness" shall mean the inability of the suspected or accused person to attend the crim inal 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 tim e thereafter, order the forfeitur e of all proceeds or other prope rty the value of which corresponds to proceeds, which, directly or CRIMINAL CODE [CAP. 9. 21 indirectly, were transferred by a suspected or accused person t o a third party, or which were acquired by a third party from a suspected or accused p erson, 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 o r any other law, to be frozen and confiscated after a final conviction for an offence or followin g proceedings in terms of sub-artic le (3), and to ensure the effe ctive execution of a confiscation order, when such an order has alrea dy been issued. (6) Repealed by Act VI.2024. 5. The Director of the Asset Recovery Bureau to conduct enquiries. Added by: VII.2010.5. Amended by: IV .2014.3; XXXI.2019.3.