Cap. 610 · Wholesale Energy Market Integrity And (Cap. 610)
Cap. 610 чл. 8Attachment orders. Cap. 12. 10 [ Cap. 9.
(1) Where, in the course of an investigation conducted pursuant to this Act, the Attorney General has, upon information received from the Regulator, reasonable cause to suspect that a person (hereinafter referred to as "the suspect") may be responsible for a breach of this Act, the Attorney General may apply to the Criminal Court for an order (hereinafter referred to as an "attachment order") -
(a) attaching in the hands of such persons (hereinafter referred to as "the garnishees") as are mentioned in the application all moneys and other movable property due or pertaining or belonging to the suspect;
(b) requiring the garnishee to declare in writing to the Attorney General, not later than twenty-four hours from the time of service of the order, the nature and source of all money and other movable property so attached; and
(c) prohibiting the suspect from transferring or otherwise disposing of any movable or immovable property.
(2) Before making an attachment order, the Criminal Court may require hearing the Attorney General in chambers and shall not make such order unless it concurs with the Attorney General that there is reasonable cause as provided in sub-article (1).
(3) The provisions of article 381(1)(a), (b) and (e) and of article 382(1) of the Code of Organization and Civil Procedure shall, mutatis mutandis, apply to the attachment order.
(4) An attachment order shall be served on the garnishee and on the suspect by an officer of the Executive Police not below the rank of inspector.
(5) An attachment order shall, unless it is revoked earlier by the Attorney General by notice in writing served on the suspect and on the garnishee in the manner provided for in sub-article (4), cease to be operative on the expiration of thirty days from the date on which it is made, and the court shall not make another attachment order with respect to that suspect unless it is satisfied that substantially new information with regard to the breach of this Act is available:
Provided that the said period of thirty days shall be held in abeyance for such time as the suspect is away from Malta and the Attorney General informs of this fact the garnishee by notice in writing served in the manner provided for in sub-article (4).
(6) In the course of any investigation of an offence in terms of article 13 the Executive Police may request to hear on oath any person who they believe may have information regarding such offence and the Magistrate shall forthwith hear that person on oath. TRANSPARENCY (ENFORCEMENT POWERS) CAP.610.
(7) For the purpose of hearing on oath a person as provided in sub-article (6), the Magistrate shall have the same powers as are by law vested in the Court of Magistrates (Malta) or the Court of
Magistrates (Gozo) as a court of criminal inquiry as well as the powers mentioned in article 554 of the Criminal Code:
Provided that such hearing shall always take place behind closed doors.
Препраща към
- Cap. 610 чл. 13
- Cap. 610 чл. 381
- Cap. 610 чл. 382
- Cap. 610 чл. 554