Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 671
671. (1) Saving the provisions of sub-article (2), where the
Comptroller of Customs certifies that any property in the custo dy
of the registrar is property which may not be imported into Mal ta
the registrar shall apply to the competent criminal court and r equest
it to order the disposal of the said property. The court shall allow
the application where it is satisfied that the property in ques tion is
in Malta in contravention of the law.
(2) Where the property certified by the Comptroller of Customs
as provided in sub-article (1) is property which has been exhib ited
as evidence in the course of criminal proceedings which have no t
been finally determined, the application by the registrar shall be
served on the party charged or accused and on the Attorney Gene ral
or the Commissioner of Police as the case may be for their
submissions and the court shall not allow the application unles s it
is satisfied that the property itself is not or is no longer ne cessary as
evidence in the proceedings.
(3) Where the court has ordered the disposal of the property in
accordance with the provisions of this article the registrar sh all
dispose of such property by destroying it provided that the Min ister
responsible for justice may order that the property is to be di sposed
of in any other manner whatsoever for special reasons to be
expressly stated in the order.
Property
exhibited in
certain
proceedings.
Substituted by:
III.2002.155.
Amended by:
VII.2022.68.
Cap. 37.
Cap. 382.
Cap. 233.
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.