ACT No. XXXI of 2007 AN ACT further to amend the Criminal Code, Cap. 9, and various laws related to criminal matters BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

31st December, 2007

ACT No. XXXI of 2007

AN ACT further to amend the Criminal Code, Cap. 9, and various laws

related to criminal matters

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>-

(1) The title of this Act is the Various Laws (Criminal

Matters) (Amendment) Act, 2007.

(2) This Act shall come into force on such date as the

Minister responsible for justice may by a notice in the Gazette appoint

and different dates may be so appointed for different provisions or

different purposes of this Act.

PART I

This part amends the Criminal Code and it shall be read and

construed as one with the Criminal Code, hereinafter in this part referred

to as “the Code”.

Immediately after sub-article (3) of article 23 of the Code there

shall be added the following new sub-article>

“(4) Notwithstanding the provisions of sub-articles (1) to

(3), where the Attorney General communicates to a magistrate a

request by a foreign authority for the return of an article obtained

by criminal means for purposes of restitution to its rightful owner,

the court may after hearing the parties and if it deems it proper so

to act after taking into consideration all the circumstances of the

case, order that the forfeiture of any such article shall not take

place and that the article shall be returned to the requesting foreign

authority.”.

Amendment of

Article 23B of the Code shall be amended as follows>

article 23B of the

Code.

(a) immediately after sub-article (1) of article 23B of the

Code, there shall be inserted the following new sub-articles>

“(1A) Any property, whether in Malta or outside Malta,

of or in the possession or under the control of any person

convicted of a relevant offence or in the possession or under

the control of a body corporate as may become liable under

the provisions of article 121D shall, unless proved to the

contrary, be deemed to be derived from the relevant offence

and be liable to confiscation or forfeiture by the court.

(1B) The provisions of article 7 of the Act shall mutatis

mutandis apply sohowever that any reference in that article

to “article 3(3)” shall be construed as a reference to sub-article

(1A) of this article and any reference in the said article 7 to

“an offence under article 3” shall be construed as a reference

to a relevant offence.”<

(b) in sub-article (2) thereof, immediately after the words

“proceeds of the offence.” there shall be inserted the words “The

said fine may be recovered as a civil debt and the sentence of the

Court shall constitute an executive title for all intents and purposes

of the Code of Organization and Civil Procedure.”< and

(c) in sub-article (3) thereof, for the definition “relevant

offence” there shall be substituted the following>

“relevant offence” and “the Act” have the same meaning

assigned to them by article 23A(1).”.

Immediately after article 23B of the Code, there shall be Addition of new

article 23C

inserted the following new article>

to the Code.

(1) Where it is established that the value of the

property of the person found guilty of a relevant offence is

derived from

disproportionate to his lawful income and the court based on

specific facts is fully convinced that the property in question

has been derived from the criminal activity of that person,

that property shall be liable to forfeiture.

(2) When a person has been found guilty of a

relevant offence and in consequence thereof any moneys or

other movable property or any immovable property is liable

to forfeiture, the provisions of article 22(3A) (b) and (d) of

the Dangerous Drugs Ordinance shall apply mutatis mutandis

in the circumstances mentioned in those paragraphs.”.

6. In article 49 of the Code, for the words “another offence.”

there shall be substituted the words “another offence>” and immediately

thereafter there shall be inserted the following proviso>

“Provided that the court may, in determining the punishment,

take into account a judgment delivered by a foreign court which

has become absolute.”.

Article 102 of the Code shall be amended as follows>

7. (a) in paragraph (b) thereof, for the words “two degrees.”

there shall be substituted the words “two degrees<”< and

(b) immediately after paragraph (b) thereof, there shall be

added the following new paragraph>

“(c) where the subornation has been committed by the

use of force, threats, intimidation or by promising, offering

or giving of an undue advantage to induce false testimony, to

the punishment mentioned in paragraph (a) increased by one

or two degrees.”.

8. In sub-article (2) of article 121A of the Code, for the words

“who receives” there shall be substituted the words “who requests,

receives”.

9. Immediately after article 121D of the Code there shall be

inserted the following new article>

121E. The provisions of article 248E (4) shall apply

“Applicabilty

248E (4) of mutatis mutandis to any person found guilty of any of the

offences under this sub-title.”.

10. In article 127 of the Code, for the words “for his own private Amendment

article

gain,” there shall be substituted the words “for his own private gain or 127 of the Code.

for the benefit of another person or entity,”.

11. Immediately after article 204 of the Code, there shall be Addition of new

articles

inserted the following new articles >

204A to 204C to the

Code.

204A. (1)

Whosoever>

with violence

(a) with violence compels a person under age into

prostitution or into participating in a pornographic

participation

performance, or

pornographic

performance.

(b) knowingly makes any gain or derives any

benefit from the conduct referred to in paragraph (a),

shall, on conviction, be liable to imprisonment for a term from

two to six years, with or without solitary confinement.

(2) The punishment for the offence in article

204A(1)(b) shall be increased by one degree, with or without

solitary confinement, in each of the following cases>

(a) when the offender wilfully or recklessly

endangered the life of the person under age<

(b) when the offence involves violence or

grievous bodily harm on such person<

(c) when the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1).

204B. (1) Whosoever in order to gratify the lust of

persons under

any other person engages a person under age to practise

prostitution, or to participate in pornographic performances,

shall, on conviction, be liable to imprisonment for a term from

participation

eighteen months to four years, with or without solitary

pornographic confinement.

performance.

(2) The offence shall be punishable with

imprisonment for a term from two to six years, with or without

solitary confinement, in each of the following cases>

(a) when the offender wilfully or recklessly

endangered the life of the person under age<

(b) when the offence involves violence or

grievous bodily harm on such person<

(c) when the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1).

204C. (1) Whosoever takes part in sexual activities

with a person under age shall, on conviction, be liable to

imprisonment for a term not exceeding two years, with or

without solitary confinement.

(2) The offence shall be punishable with

imprisonment for a term from two to six years, with or without

solitary confinement, in each of the following cases>

(a)

if the offence is committed with violence<

(b) where money or other forms of remuneration

or consideration is given as payment in exchange for

the child taking part in sexual activities and any of the

circumstances mentioned in paragraph (d) occurs<

(c) where the offender abuses of a recognised

position of trust, authority or influence over such person

and any of the circumstances mentioned in paragraph

(d) occurs<

(d) the circumstances referred to in paragraph (b)

and (c) are the following>

(i) the offender wilfully or recklessly

endangered the life of the person under age<

(ii) the offence involves violence or grievous

bodily harm to such person<

(iii) the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1).”.

12. Article 208A of the Code shall be amended as follows>

(a) for subarticle (1) thereof, there shall be substituted the

following>-

“(1) Any citizen or permanent resident of Malta,

whether in Malta or outside Malta, as well as any person in

Malta, who takes or permits to be taken any indecent

photograph, film, video recording or electronic image of a

minor, or produces, distributes, disseminates, imports, exports,

offers, sells, transmits or shows such indecent photograph,

film, video recording or electronic image, shall, on conviction,

be liable to imprisonment for a term from twelve months to

five years.”<

(b) immediately after subarticle (1) thereof there shall be

added the following new subarticles>-

“(1A) The offence in subarticle (1) shall be punishable

with imprisonment for a term from two to eight years, with

or without solitary confinement, in each of the following cases>

(a) when the offender wilfully or recklessly

endangered the life of the person under age<

(b) when the offence involves violence or

grievous bodily harm on such person<

(c) when the offence is committed with the

involvement of a criminal organisation within the

meaning of article 83A(1).

(1B) Any person who acquires or is in possession of

an indecent photograph, film, video recording or electronic

image of a minor, shall, on conviction, be liable to

imprisonment for a term not exceeding two years.

(1C) For the purposes of subarticle (1) the expression

“permanent resident” shall have the same meaning assigned

to it by article 5(1)(d).”< and

(c) for subarticle (3) thereof, there shall be substituted the

following>

“(3) Where the offences in subarticles (1) and (1B)

are committed by any ascendant by consanguinity or affinity,

or by the adoptive father or mother, or by the tutor, or by any

other person charged, even though temporarily, with the care,

education, instruction, control or custody of the person under

age shown in the photograph, film, video recording or

electronic image, or where such person under age has not

completed the age of nine years>

(a) in the case of the offence in subarticle (1), the

punishment shall be of imprisonment for a term from

eighteen months to seven years, and

(b) in the case of the offence in subarticle (1B),

the punishment shall be of imprisonment for a term from

three months to three years,

and the provisions of article 197(4) shall also apply.”.

13. Immediately after article 208A of the Code there shall be

added the following new article>

208B. (1) The following provisions shall apply to the

applicable to

offences under articles 204, 204A to 204C, both inclusive,

and article 208A(1) and (1A).

(2) In addition to the punishment established

for the said offences, the Court may order that the offender

be temporarily or permanently prevented from exercising

professional activities related to the supervision of children.

(3) The provisions of articles 121D and

248E(4) shall apply mutatis mutandis.

(4) The provisions of articles 13 and 14 of the

White Slave Traffic (Suppression) Ordinance, shall apply

mutatis mutandis.

(5) Without prejudice to the provisions of

article 5, the Maltese courts shall also have jurisdiction over

the said offences where>

(a) only part of the action giving execution to the

offence took place in Malta< or

(b) the offender is a Maltese national or permanent

resident in Malta or the offence was committed for the

benefit of a body corporate registered in Malta< or

(c) the offence was committed by means of a

computer system accessed from Malta notwithstanding

that such computer system may be outside Malta.

(6) Notwithstanding any other provision of this

Code or of any other law, the period of prescription shall run

from the day on which the victim attains the age of majority.”.

14. Immediately after sub-article (5) of article 248E of the Code, Amendment of

article 248E of the

there shall be added the following new sub-articles>

Code.

(6) The offences committed under this sub-title shall

not be liable to punishment if the offender was compelled

thereto by another person where the provisions of paragraph

(b) of article 33 do not apply.

(7) The provisions of article 14 of the Immigration Act

Inapplicability

shall

not apply until the lapse of thirty days from the date that

Immigration

the Principal Immigration Officer has reasonable grounds to

believe that the person concerned is a victim of any of the

offences under this sub-title.”.

15. In article 310A of the Code, for the words “article 121D” Amendment of

article 310A of the

there shall be substituted the words “articles 121C, 121D and 248E(4)”. Code.

Article 399 of the Code shall be amended as follows>

16. Amendment of

article 399 of the

Code.

(a) for subarticle (1) thereof, there shall be substituted the

following>

“399. (1) When the court decides that the

examination of any witness or any other process of the inquiry

by an authority outside Malta is indispensably necessary, the

letter of request and the court’s decision shall be served on

the Attorney General who may within five working days make

any submissions in writing as he may deem appropriate. The

provisions of articles 618 and 619 of the Code of Organization

and Civil Procedure shall apply.”< and

(b) immediately after sub-article (2) thereof, there shall be

inserted the following new sub-article>

“(3) The provisions of article 622B of the Code of

Organization and Civil Procedure shall apply to a request for

the examination of any witness under this article.”.

17. Immediately after article 402 of the Code there shall be

inserted the following new article>

402A. Where in respect of a person charged before

“Terms under

402(1) to run the Courts of Magistrates as a court of criminal inquiry a court

has made an order for his temporary surrender to a foreign

State requesting his extradition or to any other foreign

competent authority requesting his surrender, the terms

referred to in sub-article (1) of article 402 shall, from the date

of his return to Malta, recommence to run anew.”.

18. In the Maltese text of sub-article (1) of article 435A, for the

words “bis-sa[[a ta’ dan is-subtitolu b[allikieku” there shall be

substituted the words “bis-sa[[a ta’ dan is-subartikolu b[allikieku”.

19. Immediately after article 435A of the Code, there shall be

added the following new articles>

435AA. Where the Attorney General has reasonable

cause to suspect that a person is guilty of a relevant offence

(hereinafter referred to as “the suspect”) he may apply to the

Criminal Court for an order (hereinafter referred to as a

“monitoring order”) requiring a bank to monitor for a specified

period the banking operations being carried out through one

or more accounts of the suspect. The bank shall, on the demand

of the Attorney General, communicate to the person or

authority indicated by the Attorney General the information

resulting from the monitoring.

435AB. (1) Pursuant to and in accordance with any

treaty, convention, agreement or understanding to which Malta

is a party or which is otherwise applicable to Malta, the

Attorney General may, with the concurrence of the Minister

responsible for Justice, give his consent to the temporary

surrender of a person in custody for the purpose of an

investigation to be carried out or being carried out by a judicial,

prosecuting or administrative authority of any place outside

Malta at the request of a judicial, prosecuting or administering

authority in Malta.

(2) The person surrendered shall be kept in

custody in the place outside Malta to which he has been

surrendered.

(3) Any time spent in custody in the place

outside Malta shall be deemed to be time spent in custody in

Malta.”.

20. Sub-article (1) of article 435B of the Code shall be amended Amendment

of article

as follows>

435B of the

Code.

(a) for the words “a judicial or prosecuting authority of any

place outside Malta” there shall be substituted the words “a judicial,

prosecuting or administrative authority of any place outside Malta

or by an international court”<

(b) for the words “hereinafter in this article” there shall be

substituted the words “hereinafter in this article and in article

435BA”< and

(c) and for the words “suspected by that authority” there

shall be substituted the words “suspected by that authority or court”.

21. Immediately after article 435B of the Code, there shall be Addition of new

articles

inserted the following new articles>

435BA and 435BB

of the Code.

435BA. Where the request referred to in the preceding

article is made for the purpose of monitoring the banking

operations being carried out through one or more accounts of

a suspect, the Attorney General may apply to the Criminal

Court for a monitoring order and the provisions of article

435AA shall apply“mutatis mutandis.”.

435BB. (1) Pursuant to and in accordance with any

treaty, convention, agreement or understanding to which Malta

is a party or which is otherwise applicable to Malta, the

Attorney General may, with the concurrence of the Minister

responsible for Justice, give his consent to the temporary

surrender of a person in custody in a foreign State for the

purpose of investigations to be carried out or being carried

out in Malta at the request of a judicial, prosecuting or

administrative authority of that State.

(2) The provisions of article 30C of the

Dangerous Drugs Ordinance shall apply mutatis mutandis to

a person temporarily surrendered to Malta under sub-article

(1).”.

22. In sub-article (1) of article 435C of the Code, for the words Amendment of

article

“a judicial or prosecuting authority of any place outside Malta” there 435C of the Code.

shall be substituted the words “a judicial, prosecuting or administrative

authority of any place outside Malta or by an international court”, and

for the words “before the courts of that place” there shall be substituted

the words “before the courts of that place or before the international

Article 435E of the Code shall be amended as follows>

23. (a) in the English text of sub-article (3) thereof, for the words

“investigations into criminal investigations” there shall be

substituted the words “investigations into criminal offences”< and

(b) immediately after sub-article (5) thereof, there shall be

added the following new sub-articles>

“(6) For purposes of this article “competent authorities

of another country” and “official from another country” shall

be construed as including officials of bodies set up pursuant

to the Treaty on European Union as defined in article 2 of the

European Union Act.

(7) Where the Attorney General has authorised the

setting up of a joint investigation team as provided in sub-

article (3) of this article, the foreign officials participating in

the said investigation shall be entitled to be present when

investigative measures are being taken and, if so authorised

by the competent officer of the Executive Police, to take

investigative measures.”.

Immediately after article 647A there shall be added the

following new article>

647B. Pursuant to and in accordance with any treaty,

documents or

convention,

agreement or understanding between Malta and

another country or which applies to both such countries or to

which both such countries are a party, procedural documents

or any act of the proceeding may be sent directly by post to a

person who is in the territory of the foreign country in a

language which that person understands>

Provided that procedural documents shall be

accompanied by a report indicating to the said person the

remedies available and that information about his rights and

obligations concerning the document may be obtained from

the issuing authority or from another competent authority in

Malta.”.

Amendment of

Article 649 of the Code shall be amended as follows>-

article 649 of the

Code.

(a) in sub-article (1) thereof, for the words “the judicial,

prosecuting or administrative authority of any place outside Malta”

there shall be substituted the words “a judicial, prosecuting or

administrative authority of any place outside Malta or by an

international court”, and for the words “by the said authority or

otherwise,” there shall be substituted the words “by the said

authority or court or otherwise,”<

(b) in sub-article (2) thereof, for the words “by the foreign

judicial, prosecuting or administrative authority” there shall be

substituted the words “by the foreign judicial, prosecuting or

administrative authority or by the international court”, and for the

words “between Malta and the country” there shall be substituted

the words “between Malta and the country, or between Malta and

the court,” and for the words “which applies to both such countries

or to which both such countries are a party” there shall be

substituted the words “which applies to both such countries or to

which both such countries are a party or which applies to Malta

and the said court or to which both Malta and the said court are a

party”< and

(c) immediately after sub-article (5) thereof, there shall be

inserted the following new sub-article>

“(5A) If the request cannot, or cannot fully, be executed

in accordance with the formalities, procedures or deadlines

indicated by the requesting foreign authority, the requesting

authority shall be informed indicating the estimated time

within which or the conditions under which execution of the

request may be possible.”.

PART II

This part amends the Code of Organization and Civil Amendment of

the Code of

Procedure and it shall be read and construed as one with the Code of Organization

Organization and Civil Procedure, hereinafter in this part referred to as and Civil Procedure.

“the principal law”.

In article 619 of the principal law, for the words “may be Amendment of

article 619 of

executed.” there shall be substituted the words “may be executed>” and the principal law.

immediately thereafter there shall be inserted the following proviso>

“Provided that the court may dispense with the requirement

of this article where any treaty, convention, agreement or

understanding, between Malta and another country or which applies

to both such countries or to which both such countries are a party,

provides for direct transmission of letters of request between

judicial authorities.”.

PART III

This part amends the Medical and Kindred Professions

Ordinance and it shall be read and construed as one with the Medical

and Kindred Professions Ordinance, hereinafter in this part referred to

as “the principal law”.

Article 120A of the principal law shall be amended as follows>

(a) in subarticle (2B) of the principle law for the words

“article 22(3A) and (7)” there shall be substituted the words “article

22(3A), (3B) and (7)”< and

(b) immediately after sub-article (8) of article 120A thereof,

there shall be added the following sub-article>

“(9) Where an offence against this Ordinance in respect

of which a person has been found guilty consists in any of the

offences referred to in article 120C(1) or of the offence of

possession of a drug contrary to the provisions of this

Ordinance under such circumstances that the court is satisfied

that such possession was not for the exclusive use of the

offender, the provisions of articles 121D and 248E(4) of the

Criminal Code shall apply mutatis mutandis.”.

In paragraph (d) of sub-article (1) of article 120C of the

principal law, for the words “120A(1D),” there shall be substituted the

words “120A(1D), or” and immediately thereafter there shall be added

the following new paragraph>

“(e) is guilty of the offence of possession of a drug contrary

to the provisions of this Ordinance, under such circumstances that

the court is satisfied that such possession was not for the exclusive

use of the offender,”.

In sub-article (1) of article 120D of the principal law, for the

words “120C(1)(a), (b), (c) and (d)”, there shall be substituted the words

“120C(1)(a), (b), (c), (d) and (e)”.

In sub-article (1) of article 120E of the principal law, for the Amendment

article

words “120C(1)(a), (b), (c) and (d),”, there shall be substituted the words 120E of the

principal law.

“120C(1)(a), (b), (c), (d) and (e),”.

In sub-article (3) of article 120F of the principal law, for the Amendment

article

words “120C(1)(a), (b), (c) and (d).”, there shall be substituted the words 120F of the

principal law.

“120C(1)(a), (b), (c), (d) and (e).”.

PART IV

This part amends the Dangerous Drugs Ordinance and it shall Amendment of the

Dangerous Drugs

be read and construed as one with the Dangerous Drugs Ordinance, Ordinance.

hereinafter in this part referred to as “the principal law”.

Article 22 of the Dangerous Drugs shall be amended as Amendment

article 22

of the principal law.

(a) immediately after sub-article (3A) thereof, there shall

be inserted the following new sub-article>

“(3B) Where the proceeds of the offence have been

dissipated or for any other reason whatsoever it is not possible

to identify and forfeit those proceeds or to order the forfeiture

of such property the value of which corresponds to the value

of those proceeds the court shall sentence the person convicted

or the body corporate, or the person convicted and the body

corporate in solidum, as the case may be, to the payment of a

fine (multa) which is the equivalent of the amount of the

proceeds of the offence. The said fine may be recovered as a

civil debt and for this purpose the sentence of the court shall

constitute an executive title for all intents and purposes of the

Code of Organization and Civil Procedure.”<

(b) immediately after sub-article (14) thereof, there shall

be added the following>

“(15) Where an offence against this Ordinance in

respect of which a person has been found guilty consists in

any of the offences referred to in article 24A(1) or the offence

of possession of a drug contrary to the provisions of this

Ordinance, under such circumstances that the court is satisfied

that such possession was not for the exclusive use of the

offender, the provisions of articles 121D and 248E(4) of the

Criminal Code shall apply “mutatis mutandis.”.

In sub-article (1) article 22A of the principal law, immediately

after the words “subarticle (1C) of the same article,” there shall be added

the words “or with the offence of possession of a drug, contrary to the

provisions of this Ordinance, under such circumstances that the court is

satisfied that such possession was not for the exclusive use of the

offender,”.

In article 22B of the principal law, immediately after the

words “paid or delivered in contravention of that court order.” there

shall be added the words “Any transfer or other disposal of any

immovable property made in contravention of the said court order shall

be null and without effect at law.”.

Article 24A of the principal law shall be amended as follows>

(a) in paragraph (d) of sub-article (1) thereof, for the words

“article 22,” there shall be substituted the words “article 22, or”

and immediately thereafter there shall be added the following new

paragraph>

“(e) is guilty of the offence of possession of a drug

contrary to the provisions of this Ordinance, under such

circumstances that the court is satisfied that such possession

was not for the exclusive use of the offender,”<

(b) in sub-article (6) thereof, for the words “paragraphs (a)

to (d)” there shall be substituted the words “paragraphs (a) to (e)”<

(c) in sub-article (10) thereof, for the words “property in

question.” there shall be substituted the words “property in

question>”, and immediately thereafter there shall be added the

following new proviso>

“Provided further that any act so made in contravention

of that court order shall be null and without effect at law and

the court may, where such person is the garnishee, order the

said person to deposit in a bank to the credit of the suspect

the amount of moneys or the value of other movable property

paid or delivered in contravention of that court order.”< and

(d) in sub-article (11) thereof, for the words “paragraphs

(a) to (d)” there shall be substituted the words “paragraphs (a) to

(e)”.

In sub-article (1) of article 24B of the principal law, for the Amendment

article 24B

words “(a), (b), (c) and (d) of” there shall be substituted the words “(a), of the principal law.

(b), (c), (d) and (e) of”.

In sub-article (1) of article 24C of the principal law, for the Amendment of

article

words “(a), (b), (c) and (d) of” there shall be substituted the words “(a), 24C of the principal

law.

(b), (c), (d) and (e) of”.

Article 24D of the principal law shall be substituted as Amendment of

article 24D

follows>

of the principal law.

(a) immediately after sub-article (9) thereof, there shall be

added the following new sub-article>

“(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.”< and

(b) in sub-article (12), in the definition “relevant offence”,

for the words “(a), (b), (c) and (d)” there shall be substituted the

words “(a), (b), (c), (d) and (e)”.

PART V

This part amends the Prevention of Money Laundering Act Amendment of

the Prevention of

and it shall be read and construed as one with the Prevention of Money Money Laundering

Laundering Act, hereinafter in this part referred to as “the principal Act.

Act”.

In the definition “money laundering” in article 2 of the Amendment of

article 2

principal Act>

of the principal Act.

(a) in subparagraph (i) thereof, for the words “knowing that”

there shall be substituted the words “knowing or suspecting that”<

(b) in subparagraph (ii) thereof, for the words “knowing

that” there shall be substituted the words “knowing or suspecting

that”< and

(c) in subparagraph (iii) thereof, for the words “the

acquisition of property knowing that” there shall be substituted

the words “the acquisition, possession or use of property knowing

or suspecting that”.

Article 3 of the principal Act shall be amended as follows>

(a) immediately after sub-article (2) thereof, there shall be

inserted the following new sub-article>

(2A) (a) Every person charged with an offence

“Direction by

against this Act shall be tried in the Criminal Court or before

the Court of Magistrates (Malta) or the Court of Magistrates

(Gozo), as the Attorney General may direct, and if he is found

guilty shall be liable –

(i) on conviction by the Criminal Court to the

punishment of imprisonment for a term of not less than

three years but not exceeding fourteen years, or to a fine

(multa) of not less than Lm10,000 (ten thousand liri)

but not exceeding Lm1,000,000 (one million liri), or to

both such fine and imprisonment< or

(ii) on conviction by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) to the

punishment of imprisonment for a term of not less than

six months but not exceeding nine years, or to a fine

(multa) of not less than Lm1,000 (one thousand liri) but

not exceeding Lm50,000 (fifty thousand liri), or to both

such fine and imprisonment.

(b) Notwithstanding that the Attorney General has

directed in accordance with the provisions of subarticle (1)

that a person be tried in the Criminal Court, he may, at any

time before the filing of the bill of indictment or at any time

after filing the bill of indictment before the jury is empanelled,

and with the consent of the accused, direct that that person

be tried before the Court of Magistrates, and upon such

direction the Court of Magistrates as a court of criminal

judicature shall become competent to try that person as if no

previous direction had been given. Where the Attorney

General has given such new direction after the filing of the

bill of indictment, the registrar of the Criminal Court shall

cause the record to be transmitted to the Court of Magistrates,

and shall cause a copy of the Attorney General’s direction to

be served on the Commissioner of Police.

(c) Notwithstanding the provisions of article 370 of

the Criminal Code and without prejudice to the provisions of

subarticle (2), the Court of Magistrates shall be competent to

try all offences against this Act as directed by the Attorney

General in accordance with the provisions of subarticle (1).”<

(b) the present provision of sub-article (5) thereof shall be

renumbered as paragraph (a) thereof and for the words “by the

court>” there shall be substituted the words “by the court even if in

the case of immovable property such property has since the offender

was charged passed into the hands of third parties, and even if the

proceeds of property, movable or immovable, are situated in any

place outside Malta>”<

(c) immediately after paragraph (a) of sub-article (5) as

renumbered, there shall be inserted the following new paragraphs>

“Forfeiture of

(b) Where the proceeds of the offence have been

dissipated or for any other reason whatsoever it is not possible

to identify and forfeit those proceeds or to order the forfeiture

of such property the value of which corresponds to the value

of those proceeds the court shall sentence the person convicted

or the body corporate, or the person convicted and the body

corporate in solidum, as the case may be, to the payment of a

fine (multa) which is the equivalent of the amount of the

proceeds of the offence. The said fine shall be recoverable as

a civil debt and for this purpose the sentence of the court

shall constitute an executive title for all intents and purposes

of the Code of Organization and Civil Procedure.

(c) Where it is established that the value of the property

Forfeiture of

of the person found guilty of a relevant offence is

derived from

disproportionate to his lawful income and the court based on

specific facts is fully convinced that the property in question

has been derived from the criminal activity of that person,

that property shall be liable to forfeiture.”< and

(d) immediately after sub-article (6) thereof, there shall

be inserted the following new sub-article>

“(7) The provisions of Article 248E(4) of the

Criminal Code and those of article 22(3A)(b) and (d) of

the Dangerous Drugs Ordinance shall apply mutatis

mutandis to the offences under this Act.”.

Article 4 of the principal Act shall be amended as follows>

Amendment of

article 4

of the principal Act.

(a) in the proviso to sub-article (10) thereof, for the words

“property in question.” there shall be substituted the words

“property in question>” and immediately thereafter there shall be

inserted the following new proviso>

“Provided further that any act so made in contravention of

that court order shall be null and without effect at law and the

court may, where such person is the garnishee, order the said person

to deposit in a bank to the credit of the suspect the amount of

moneys or the value of other movable property paid or delivered

in contravention of that court order.”< and

(b) in sub-article (11) thereof, for the words “from the date

on which it is made, in which case the Attorney General shall, by

notice in writing, inform the suspect and the garnishees in the

manner provided for in sub-article (9),” there shall be substituted

the words “from the date on which it is made<”.

In article 6 of the principal Act, for the words “null and

without effect at law.” there shall be substituted the words “null and

without effect at law and the court may, where such person is the

garnishee, order the said person to deposit in a bank to the credit of the

person charged the amount of moneys or the value of other movable

property paid or delivered in contravention of that court order.”.

In sub-article (1) of article 7 of the principal Act, for the

words “under article 3(3)” there shall be substituted the words “under

article 3(5)”.

Passed by the House of Representatives at Sitting No. 602 of 12th December,

2007. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.80 (€1.86)