Identification des avoirs – procédures nationales

Malte

Malta - Criminal Code 1854 (2013) EN

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION

Sub-title II
GENERAL PROVISIONS RESPECTING THE INFLICTION AND EXECUTION OF PUNISHMENTS

23D. (1) Where the court makes any order as is mentioned in articles 23A to 23C, both articles inclusive, it shall order the Registrar to conduct inquiries to trace and ascertain the whereabouts of any moneys or other property, due or pertaining to or under the control of the person charged or accused or convicted, as the case may be:
Provided that for the purposes of this subarticle "property" and "proceeds" shall have the meaning assigned to them respectively by article 23B(3).

(2) Whosoever is required by the Registrar to provide information for the purpose of subarticle (1) shall comply with the demand within thirty days from the day of receipt of the demand by registered post.

Malta - Criminal Code 1854 (2023) EN

23D. (1) Where the court makes any order as is mentioned in articles 23A to 23C, both articles inclusive, it shall order the Director of the Asset Recovery Bureau to conduct inquiries to trace and ascertain the whereabouts of any moneys or other property, due or pertaining to or under the control of the person charged or accused or convicted, as the case may be:

Provided that for the purposes of this sub-article "property" and "proceeds" shall have the meaning assigned to them respectively by article 23B(3).

(2) Whosoever is required by the Director of the Asset Recovery Bureau to provide information for the purpose of sub-article (1) shall comply with the demand within thirty days from the day of receipt of the demand.

(3) The demand made by the Director of the Asset Recovery Bureau, and any reply thereupon in terms of this article, may be made by electronic mail.


24. In the case of any contravention committed by a person who is under the authority, control or charge of another person, not only the person committing the contravention but also such other person shall be liable to punishment, if the contravention is against some provision the observance of which such other person was bound to enforce, and if the contravention could have been prevented by the exercise of diligence on the part of such other person.


25. All disabilities arising, under the provisions of any law whatsoever, out of any punishment, are abolished.

Statut de Rome

Article 93 Autres formes de coopération

1. Les États Parties font droit, conformément aux dispositions du présent chapitre et aux procédures prévues par leur législation nationale, aux demandes d'assistance de la Cour liées à une enquête ou à des poursuites et concernant :

k) L'identification, la localisation, le gel ou la saisie du produit des crimes, des biens, des avoirs et des instruments qui sont liés aux crimes, aux fins de leur confiscation éventuelle, sans préjudice des droits des tiers de bonne foi ; et