Cap. 101 чл. 24DEnforcement of confiscation orders made by courts outside Malta following conviction for offences cognizable by those courts.

(1) A confiscation order made by a court outside Malta shall be enforceable in Malta in accordance with the following provisions of this article.

(2) Where the Attorney General receives a request made by a judicial or prosecuting authority of any place outside Malta for the enforcement in Malta of a confiscation order made by a competent court in that place (hereinafter referred to as a "foreign confiscation order") the Attorney General may bring an action in the Civil Court (Asset Recovery Section) by an application containing a demand that the enforcement in Malta of the foreign confiscation order be ordered.

(3) The Attorney General shall attach to the application a copy of the relevant foreign confiscation order together with all such documents in support of the demand as it may be in his power to produce and shall indicate in his application the names of all the witnesses he intends to produce, stating in respect of each the proof which he intends to make.

(4) The application shall be served on the person whose property the foreign confiscation order purports to confiscate who shall file his reply within fifteen days after the date of the service of the application. The reply shall contain a list of the witnesses which the respondent intends to produce stating in respect of each the proof which he intends to make and the respondent shall attach to the reply all such documents he intends to produce in evidence as it may be in his power to produce.

(5) The court shall without delay, set down the application for hearing at an early date, which date shall in no case be later than thirty days from the date of the filing of the application.

(6) The court shall not order the enforcement in Malta of the foreign confiscation order if:

(a) the respondent had not been notified of the proceedings which led to the making of the relevant foreign confiscation order so as not to have had an adequate opportunity to contest the making of the same order;

(b) the foreign confiscation order was obtained by fraud on the part of any person to the prejudice of the respondent;

(c) the foreign confiscation order contains any disposition contrary to the public policy, or the internal public law in force in Malta;

(d) the foreign confiscation order contains contradictory dispositions.

(7) A decision by the court ordering the enforcement of a foreign confiscation order shall have the effect of forfeiting in favour of the Government of Malta all things and property whatsoever situated in Malta the confiscation of which had been ordered in the foreign confiscation order subject to any directions which the Government of Malta may give providing for the further disposal of the same things and property so forfeited.

(8) The decision ordering the enforcement of a foreign confiscation order which provides for the forfeiture of immovable property or of any title to such property shall have the effect of transferring that immovable property or that title to the Government of Malta and for the purposes of article 239 of the Code of Organization and Civil Procedure the Attorney General shall be considered as the interested party that may obtain the registration of such transfer.

(9) The decision ordering the enforcement of a foreign confiscation order which provides for the forfeiture of unspecified property the value of which corresponds to proceeds shall, upon being registered in the Public Registry Office, create as from the day of registration a hypothec in regard to the debt amounting to the said value.

(9A) When the foreign confiscation order consists in the requirement to pay a sum of money, the court shall convert the amount thereof into Maltese currency at the rate of exchange ruling on the date of the decision ordering the enforcement.

(10) Where the Attorney General receives a request as is referred to in sub-article (2) the Attorney General may, for the purpose of securing any or all of the property which the foreign confiscation order purports to confiscate or forfeit, apply to the Civil Court (Asset Recovery Section) for the issue of all or any of the precautionary acts referred to in article 830 of the Code of

Organization and Civil Procedure: Provided that the aforesaid article 830(2) and article 836(1)(c), (d) and (e) and of the Code of Organization and Civil Procedure shall not apply to any precautionary act issued by virtue of this article.

(11) Saving the preceding provisions of this article, the provisions of the Code of Organization and Civil Procedure relating to proceedings before the Civil Court, First Hall, shall apply in relation to any application under this article.

(12) For the purposes of this article: "confiscation order" includes any judgement, decision, declaration, or other order made by a court whether of criminal or civil jurisdiction providing or purporting to provide for the confiscation or forfeiture of:

(i) proceeds;

(ii) property into which proceeds have been transformed or converted;

(iii) property with which proceeds have been intermingled;

(iv) income or other benefits derived from (i), (ii), and (iii);

(v) property the value of which corresponds to proceeds; or

(vi) dangerous drugs, materials and equipment or other instrumentalities used in or intended for use in any manner in a relevant offence; "proceeds" means any economic advantage and any property derived from or obtained, directly or indirectly, through the commission of a relevant offence and includes any income or other benefits derived from such property;

"property" means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets; "relevant offence" means any offence consisting in any act or omission which if committed in these Islands, or in corresponding circumstances, would constitute any of the offences mentioned in article 24A(1)(a), (b), (c), (d) and (e).