Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 678
678. (1) Where the court in its final judgment has ordered that
any property is to be returned but does not name the person to
whom the property is to be so returned and the identity of that
person is unknown that property shall be retained by the regist rar
for a period of six months within which period any person claim ing
to have a legal title to the property may come forward and clai m the
property.
(2) Where the person having a legal title to the property fails to
claim the property within the pe riod specified i n sub-article ( 1), or
where the claims made in that period have been rejected by the
court, the property shall be for feited in favour of the Governm ent.
( 3 ) A n y c l a i m u n d e r s u b - a r t i c l e ( 1 ) s h a l l b e m a d e b y
application to the court before which the property was exhibite d
and shall be served on the registrar and on the Commissioner of
Police or on the Attorn ey General, as the case may be, who shal l
have ten working days within which to file a reply. On the laps e of
the time for the filing of a reply the court shall give its dec ision on
the application and no appeal shall lie f rom that decision.
(4) If the court allows the app lication the property shall be
delivered to the claimant free of charge.
CRIMINAL CODE [CAP. 9. 413
Rules to be
observed in the
disposal of
forfeited
property.
When property
is to be returned
by order of the
court in its final
judgment.
Amended by:
XXV .1967.31.
Substituted by:
III.2002.155.
Amended by:
XXIV .2014.70.
Substituted by:
XXXI.2019.7.
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.