Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 700
700. (1) The Minister may, by regulations, provide for the
setting up of an Office to be known as the Asset Recovery Burea u,
to provide for its structure, powers, distribution of duties, l iability
for damages, administrative and operational procedures includin g
internal proceedings, th e legal and judicial representation of the
Office, its funding and anything ancillary or incidental theret o.
(2) The Office, shall be a body corporate having a distinct leg al
personality and may also be established as a Government Agency.
The Office shall be capable of entering into contracts, of
concluding memoranda of underst anding or other agreements with
any foreign body, authority or agency, of acquiring, holding an d
disposing of any kind of property for the purposes of its funct ions,
of suing and being sued, and of doing all such things and enter ing
into all such transactions as are incidental or conducive to th e
exercise or performance of its functions under this Act includi ng
the borrowing of money.
(3) The Minister may by regulations further provide for the
functions and powers of the Office which shall be responsible f or
the tracing, identifica tion, freezing, conf iscation and managem ent
of assets and property related, directly and indirectly, to cri minal
activity with a view to combating crime and for this purpose ma y
authorise the Office to exercise any such powers as may be
exercised by the Commissioner o f Police, by the Commissioner fo r
*Vide Act XIX of 2023.
418 CAP . 9.] CRIMINAL CODE
Revenue or any other public authority established by law.
(4) The Minister may by virtue of the said regulations direct
that this Code or any other law shall have effect in relation t o the
functions, powers and operations o f the Office and its officers and
staff subject to such conditions, exceptions, adaptations or
modifications as may be specifi ed in the said regulations.
(5) Without prejudice to the generality of the foregoing the
Minister may make regulations for anything incidental,
consequential or ancillary to the matters provided in this arti cle.
(6) For purposes of this article:
Cap. 164.
"Commissioner of Police" shall h ave the meaning assigned to it
under the Police Act ;
Cap. 517.
"Commissioner for Revenue" shall have the meaning assigned to
it under the Commissioner for Revenue Act .
Filing of judicial
documents by
electronic
means.
Added by:
III.2021.2.
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.