ACT No. VI of 2024 AN ACT to amend various laws relating to the proceeds of crime.

I assent.

(L.S.)

GEORGE VELLA

President

9th February, 2024

ACT No. VI of 2024

AN ACT to amend various laws relating to the proceeds of crime.

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:-

The short title of this Act is the Various Laws relating to

Proceeds of Crime (Amendment) Act, 2024.

PART I

Amendments to the Criminal Code

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".

Article 23A of the Code shall be substituted by the following

new article

" Freezing of

(1)

The freezing of property of any person

property of

charged or accused of a relevant offence shall be regulated

person

by the provisions of the Proceeds of Crime Act

accused.

Provided that the above shall not apply when a

person is charged or accused with an offence against the

provisions of the Medical and Kindred Professions

Ordinance or of the Dangerous Drugs Ordinance both if the

charges are only for offences against the said laws and if

they are for offences under the said laws and offences

under other laws

Provided further that where, before the coming

into force of this proviso, a Freezing Order was issued in

respect of an offence against the Medical and Kindred

Professions Ordinance or the Dangerous Drugs Ordinance

under the Medical and Kindred Professions Ordinance or

Dangerous Drugs Ordinance or under article 23A of this

Code as in force at the time of the issuing of the said order,

whether the charges were only for offences against the

Medical and Kindred Professions Ordinance or the

Dangerous Drugs Ordinance or for offences under those

laws together with charges for offences under other laws

every Freezing Order so issued shall be deemed to have

been issued under the Medical and Kindred Professions

Ordinance and the Dangerous Drugs Ordinance, and shall,

after the coming into force of this proviso, continue to be in

force and shall be regulated in accordance with the Medical

and Kindred Professions Ordinance and the Dangerous

Drugs Ordinance.

(2) In this article and in articles 23B, 23C and 23D the

words "property" and "relevant offence" have the same

meaning as assigned to them in the Proceeds of Crime Act

and the word "proceeds" has the same meaning as assigned

to the words "Proceeds of crime" in the Proceeds of Crime

Act.

(3) Where this article and articles 23B, 23C and 23D

provide for the forfeiture of proceeds of crime in a manner

which is not provided for in the Proceeds of Crime Act the

provisions of this article and of articles 23B, 23C and 23D

shall be applied before the provisions of the Proceeds of

Crime Act. The provisions of the Proceeds of Crime Act

shall apply only subsidiarily in accordance with article 5(3)

of the Proceeds of Crime Act.".

4. Sub-articles (1A), (1B) and (3) of article 23B of the Code shall Amendment of

be deleted.

5. Article 23C of the Code shall be amended by the following

(a)(i) in sub-article (2) thereof, the words "22(3A)(b) and

(d) and (7)" shall be substituted by the words "22(3A)(b) and

(ii) sub-article (2) thereof in its entirety, as

amended, shall be renumbered as paragraph (a) of the same

sub-article and immediately thereafter there shall be added

the following new paragraph

"(b) the Court shall order the forfeiture in

favour of the Government of such moneys or other

movable property and such immovable property of

the person found guilty of the relevant offence which

constitute the proceeds of the said offence even if the

movable or immovable property has since the

offender was charged passed into the hands of third

parties and even if the said moneys, movable

property or immovable property are situated in any

place outside Malta."; and

(b)

sub-article (6) thereof shall be deleted.

6. Sub-article (3) of article 435A of the Code shall be substituted

by the following new sub-article

"(3) For the purposes of this article

"the Act" means the Prevention of Money Laundering

Act; and

"relevant offence" shall have the same meaning as

assigned to it in the Proceeds of Crime Act.".

7. In sub-article (3) of article 435D of the Code the words " "the

Act" and "the Ordinances" shall have the same meaning assigned to

them respectively by article 23A(1);" shall be substituted by the words

"the Act" means the Prevention of Money Laundering Act;

"the Ordinances" means the Medical and Kindred

Professions Ordinance and the Dangerous Drugs

Ordinance; and".

PART II

Amendments to the Malta Financial Services Authority Act

8. This Part amends the Malta Financial Services Authority Act

and it shall be read and construed as one with the Malta Financial

Services Authority Act, hereinafter in this Part referred to as the

"principal Act".

9. Article 17A of the principal Act shall be substituted by the Substitution of

following new article

17A. When upon information received from the

Authority, the Attorney General has reasonable cause to

suspect that a person is guilty of a breach of this Act or of

any other Act, the Attorney General may request the

Criminal Court to issue an Attachment Order and the

provisions of article 35 of the Proceeds of Crime Act shall

apply.".

10. Article 17B of the principal Act shall be substituted by the Substitution of

following new article

17B. When a person is charged with a criminal

offence in breach of this Act or with an offence which is a

relevant offence in terms of the Proceeds of Crime Act,

the prosecution may apply to the Court of Magistrates for

a freezing order and the provisions of article 36 of the

said Act shall apply.".

PART III

Amendments to the Prevention of Money Laundering Act

11. This Part amends the Prevention of Money Laundering Act Amendments to

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

Laundering Act, hereinafter in this Part referred to as the "principal Laundering

12. Article 3 of the principal Act shall be amended as follows

(a) in the proviso to paragraph (a) of sub-article (5)

thereof the words "Provided that, for the purposes" shall be

substituted by the words "Provided further that, for the purposes"

and immediately before there shall be added the following new

proviso

"Provided that the presumption in this

paragraph and any similar presumption in any other law

shall not prejudice the power of the Court to vary a freezing

order whilst criminal proceedings are pending as provided

in article 5:"; and

(b) sub-article (7) thereof shall be amended by the

following

(i) the words "22(3A)(b), (d) and (7)" shall be

substituted by the words "22(3A)(b) and (7)"; and

(ii) sub-article (7) in its entirety, as amended, shall

be renumbered as paragraph (a) of the same sub-article and

immediately thereafter there shall be added the following

new paragraph

"(b) The court shall order the forfeiture in

favour of the Government of such moneys or other

movable property and such immovable property of

the person found guilty of the offence of money

laundering which constitute the proceeds of the said

offence even if the movable or immovable property

has since the offender was charged passed into the

hands of third parties and even if the said moneys,

movable property or immovable property are situated

in any place outside Malta.".

13. Immediately after sub-article (11) of article 4 of the principal

Act there shall be added the following new sub-article

"(11A)(a)When an Attachment Order is revoked by the

Criminal Court or withdrawn by the Attorney General

prior to the expiration of its period of validity, the said

Court shall issue a decree confirming the said revocation

and shall order the service of the said decree upon the

suspect and upon all garnishees in the manner provided in

sub-article (9) and upon all those served with the

Attachment Order.

(b) When the period of validity of an

Attachment Order is suspended for such time as the

suspect is away from Malta, the said suspension

shall only apply in respect of that person.

(c) When an Attachment Order no longer

remains in force, the Criminal Court shall issue a

decree confirming that the Attachment Order is no

longer in force. The Court shall order the service of

the said decree upon the suspect and upon all

garnishees in the manner as provided in sub-article

(9) and upon all those served with the Attachment

Order.".

14. Article 5 of the principal Act shall be substituted by the

following new article

5. When a person is charged under article 3, the

prosecution may apply to the Court of Magistrates for a

freezing order and the provisions of article 36 of the

Proceeds of Crime Act shall apply.".

15. Article 7 of the principal Act shall be substituted by the Substitution of

following new article

7. Articles 38 and 39 of the Proceeds of Crime Act

shall apply in respect of the determination of any property

subject to confiscation in terms of article 3(5) and of the

determination of the rights of third parties over such

property.".

16. Article 8 of the principal Act shall be deleted.

PART IV

Amendments to the Prevention of Financial Markets Abuse Act

17. This Part amends the Prevention of Financial Markets Abuse Amendments to

Act and it shall be read and construed as one with the Prevention of of Financial

Financial Markets Abuse Act, hereinafter in this Part referred to as the Markets

"principal Act".

18. Article 18 of the principal Act shall be substituted by the Substitution of

following new article

18. When in the course of an investigation conducted

in accordance with this Act and, or the Market Abuse

Regulation, upon information received from the

competent authority, the Attorney General has reasonable

cause to suspect that a person may be responsible for a

breach of this Act and, or the Market Abuse Regulation,

the Attorney General may file an application before the

Criminal Court to request the said Court to issue an

Attachment Order and the provisions of article 35 of the

Proceeds of Crime Act shall apply.".

19. Article 19 of the principal Act shall be substituted by the Substitution of

following new article

19. When a person is charged with a breach of any

provisions of this Act and, or of the Market Abuse

Regulation and upon receiving a request from the

competent authority, the prosecution may where it deems

it appropriate, request that the Court of Magistrates issue

a freezing order and the provisions of article 36 of the

Proceeds of Crime Act shall apply.".

PART V

Amendments to the Proceeds of Crime Act

20. This Part amends the Proceeds of Crime Act and it shall be

read and construed as one with the Proceeds of Crime Act, hereinafter

in this Part referred to as the "principal Act".

21. Article 2 of the principal Act shall be amended as follows

(a) immediately before the definition "Board" there shall

be added the following new definitions

" "accused" shall include a person charged;

"amount established by the Minister by order in the

Gazette" includes both an order establishing a fixed amount

as well as an order establishing a formula determining the

manner in which such an amount should be computed

whether by reference to a specific period of time or from

time to time;" and

(b) immediately after the definition "property" there

shall be added the following new definition

" "Seizing and Freezing Order" shall include a

reference to such an order using words to the same effect

and in particular includes an order referred to simply as a

"Freezing Order" under any other law;".

22. Immediately after sub-article (6) of article 19 of the principal

Act there shall be added the following new sub-article

"(7) For the purposes provided for in sub-article (6), the

Bureau may enter into contracts for the storage and maintenance

of property seized or frozen, and may pay compensation to

appraisers, experts and other professionals who may be engaged

to assist the Bureau in establishing the value, and make

arrangements for, or coordinating the sale, the transfer, or the

assignment of such property either before or after a final

judgment is delivered.".

23. Article 35 of the principal Act shall be amended as follows

(a)

sub-article (5) thereof shall be amended as follows

(i)

the words "relevant offence:" shall be

substituted by the words "relevant offence."; and

(ii)

the proviso thereof shall be deleted;

(b) immediately after sub-article (5) thereof, as

amended, there shall be added the following new sub-articles

"(5A) The provisions of sub-articles (5) and (6) of

article 36 shall apply mutatis mutandis to an Attachment

Order.

(5B) When an Attachment Order is withdrawn by the

Attorney General prior to the expiration of its period of

validity or no longer remains in force for any other reason

including the lapse of its period of validity, the Criminal

Court shall issue a decree confirming that the Attachment

Order has been revoked or is no longer in force and it shall

order the service of the said decree upon the suspect and all

the garnishees and all those served with the Attachment

Order in the manner as provided for in sub-article (4).";

(c) in sub-article (6) thereof immediately after the words

"shall be added to the period of validity of the Attachment

Order" there shall be added the words "in respect of the said

suspect"; and

(d) immediately after sub-article (13) thereof there shall

be added the following new sub-article

"(14) The suspect or the person charged or accused

may not contest the factual basis for the issuing of the

order according to this article or article 36 at the time

when the order is issued, except as provided in paragraph

(ii) of sub-article (8) of article 36.

Article 36 of the principal Act shall be substituted by the Substitution of

following new article

(1) Where a person is charged with a relevant

offence, the Court shall, at the request of the prosecution,

issue an Order, hereinafter referred to as a "Seizing and

Freezing Order", attaching any property in the hands of

third parties for which there is reasonable cause to

believe that the property is subject to confiscation, and

restraining and prohibiting the accused from transferring,

pledging, hypothecating, or otherwise changing or

disposing of any such property and of such other property

owned by him or being in his possession.

(2) In the case that property which is subject to

confiscation referred to in sub-article (1) cannot be

attached or restrained because it cannot be located, has

been mixed with other property, has been transferred to a

third party, is located outside Malta, or cannot for any

other reason be attached or restrained, the Court shall,

subject to the limitations in sub-article (3), include in the

Seizing and Freezing Order a provision attaching and

restraining property of equivalent value.

(3)(a) The request for a Seizing and Freezing Order

shall be made by the prosecution either by means of an

application indicating the assets or sum of money or both

subject to confiscation in the case of a conviction, or in

the document whereby the charges are made.

(b) The right of the person charged to

contest a Seizing and Freezing Order shall be as

provided in paragraph (ii) of sub-article (8).

(c) A third party who establishes that a

Seizing and Freezing Order is causing him

immediate and irreparable prejudice may request

the Court to vary the Order to mitigate such harm to

the extent that it is practicable to do so without

adjudicating the issues that the third party would be

entitled to raise at the appropriate time in

accordance with article 39.

(d) The prosecution may request the Court,

at any time during the proceedings, to amend the

Seizing and Freezing Order as provided in

paragraph (a), to add or remove property which is

subject to such Order.

(4)(a) If the charge against the person charged or the

request made by the prosecution in terms of sub-article

(3)(a) lists the assets that shall be subject to confiscation

in the case of a conviction, or if it alleges a specific sum

of money or both as the property subject to confiscation,

the Seizing and Freezing Order shall be limited to such

specific assets or to property having a value not greater

than that sum of money.

(b)(i) If the charge or the request for the issuing of a

Seizing and Freezing Order against the person charged

provides in general terms that the property of the person

charged shall be subject to confiscation, but does not

limit the property subject to confiscation to specific

assets or to a specific sum of money or both, the Court

shall issue a Seizing and Freezing Order sufficient to

preserve such property as may be required to satisfy a

confiscation order, up to and including all assets of the

accused, but in any case the Court shall require the

prosecution to establish within ninety (90) days that there

is a reasonable basis to believe that the property shall be

subject to confiscation

Provided that the time limit for the prosecution

to establish the property that shall be subject to the

Seizing and Freezing Order may be extended by the

Court for another ninety (90) days if the Court is satisfied

that such extension is justified;

(ii) if the prosecution within the time limits provided

in paragraph (i) limits the property subject to the Seizing

and Freezing Order to specific assets or a specific sum of

money or both, the Court shall, if it deems it appropriate,

amend the Seizing and Freezing Order and the provisions

of paragraph (ii) of sub-article (8) shall apply;

(iii) if the prosecution does not within the time limits

provided in paragraph (i) limit the property subject to the

Seizing and Freezing Order to specific assets or to a

specific sum of money or both, the Seizing and Freezing

Order shall cease to have effect upon the lapse of the said

time limits and the provisions of sub-article (5B) of article

35 shall apply mutatis mutandis in respect of the accused;

(iv) when a Seizing and Freezing Order ceases to have

effect in accordance with sub-paragraph (iii) the Court

shall upon a demand by application of the person charged

or accused issue a decree confirming that the Seizing and

Freezing Order is no longer in force and shall order service

of the said decree upon all persons who were served with

the Seizing and Freezing Order.

(5)(a) The Court may vary a Seizing and Freezing

Order upon an application of the person charged or

accused. The said application shall be served upon the

prosecution and upon the Director. Upon such application

the Court shall determine what monies may be paid to or

received by the person charged or accused during the

validity of such Order, to allow him and his family a

decent living in a yearly amount not exceeding the

amount established by the Minister by order in the

Gazette and any other amount which the Court considers

justified to meet necessary expenses.

(b) On a court application of the person

charged or accused served upon the prosecution and

the Director, the Court shall also, subject to such

conditions as it deems fit

(i) determine what moneys may be

paid or received by the person charged or

accused during the validity of a Seizing and

Freezing Order to allow him to carry on any

trade, business, profession or occupation;

(ii) authorise the payment of debts

which are due by the person charged or

accused to bona fide creditors and which were

contracted before the Seizing and Freezing

Order was made;

(iii) on good ground, authorise the

person charged or accused to transfer

movable or immovable property.

(c) In the case that during the proceedings a

request is made for the variation of the Order in

terms of paragraph (a) or (b) which relates to

expenses which are recurrent, the Order allowing

the payment of such recurrent expenses shall be

considered as covering such expenses whenever

they arise without the need to file an application

every time such expenses arise.

(6) Any decision taken by the Court in accordance

with this article shall constitute a provisional measure

and shall not prejudice the merits of the case.

(7) A Seizing and Freezing Order shall be

immediately served upon the Director and shall

(a) become operative and binding on all

third parties immediately when it is issued and the

Director shall cause a notice thereof to be published

without delay in the Gazette and also cause a copy

thereof to be registered in the Public Registry, the

Land Registry and any other registry established by

law for the registration of property of any kind. A

copy of such Order shall also be served on any

person who the prosecution or the Director may

indicate; and

(b) without prejudice to the other provisions

of this article, remain in force until the final

determination of the proceedings and in the case of

a conviction until the sentence has been executed.

(8)(i) Where the Court of Magistrates does not issue an

Order in accordance with sub-article (1) when requested

by the prosecution, the Court shall instead issue a

temporary freezing order having the same effect. The

Attorney General may, within seven (7) working days

from the date of the Court’s decision, file an application

before the Criminal Court to make the required order. The

Criminal Court shall grant the accused seven (7) working

days to reply to the application of the Attorney General.

The temporary Freezing Order shall remain in force until

the Criminal Court determines the application.

(ii) When an order in accordance with sub-article (1)

is issued by the Court of Magistrates, the person charged

may within seven (7) working days from the date of the

Court’s decision, file an application before the Criminal

Court requesting the total or partial revocation of the

order, provided that the order shall remain in force until a

decision is given by the Criminal Court. The Criminal

Court shall grant the prosecution and the Director seven

(7) working days to reply to the request of the person

charged. The decision of the Criminal Court on the

application shall be delivered within seven (7) working

days from the filing of the replies or from when the time

limit for their filing lapsed.

(9)(a) On the application of the Bureau, the Civil

Court (Asset Recovery Section) shall order the sale

during the proceedings and without awaiting a final

judgment of any property which has been seized or

frozen in terms of this article if that Court finds that

(i) the property is perishable or at risk of

deterioration, decay, damage or depreciation in

value;

(ii) the expense of keeping the property is

excessive or disproportionate to its fair market

value when one also takes into consideration the

time likely to determine whether the property shall

be subject to forfeiture or to a confiscation order;

(iii) the property is subject to a loan or other

right over property or to taxes on which the owner

is in default of his obligations; or

(iv) there is any other valid reason for the

sale

Provided that the Court may in its discretion,

deny a request to order the sale if it finds that the property

possesses such unique characteristics that its sale would

constitute an irreplaceable loss to the property owner

should the property ultimately be found not to be subject

to confiscation.

(b) The proceeds of any sale pursuant to this sub-

article shall be held in an account maintained by the

Bureau and shall serve as a substitute res in any ensuing

criminal or non-conviction based confiscation

proceeding.

(c) The Court shall decide on the request of the

Bureau in accordance with this sub-article within thirty

(30) days from the date when the request is made. The

decree shall be subject to a right of appeal by the

aggrieved party on points of law and such appeal shall be

filed in the Court of Appeal within seven (7) working

days from the date of the decree. The party against whom

the appeal is filed may file a reply within seven (7)

working days from the service of the appeal. The Court

of Appeal shall decide the appeal within thirty (30) days

from the conclusion of the written pleadings.

(10) The provisions of sub-articles (7) to (13) of

article 35 shall mutatis mutandis apply in the case of a

Seizing and Freezing Order issued in accordance with

this article and to any order to which the provisions of

this article apply.

(11) Where a Seizing and Freezing Order, as issued

or as varied, is limited to specific property, the other

property of the defendant shall not be considered as being

subject to such Order.".

25. Article 38 of the principal Act shall be substituted by the Substitution of

following new article

(1) When a Court of criminal jurisdiction

" Determination

sentences a person convicted of a relevant offence, it

shall include in its sentence an order, hereinafter referred

to as a "confiscation order", confiscating any property

which the Court determines, on a balance of

probabilities, to be property subject to confiscation, as

de fine d in art icle 3(6), as a conse quenc e of the

conviction.

(2) After conviction but before determining what

property is subject to confiscation and before giving

judgment the Court shall order the Director or the

prosecution to submit a list of assets subject to

confiscation.

(3) The accused may contest the list of assets

subject to confiscation by means of an application filed

within one (1) month from the submission of the said list.

The Court shall serve the application upon the Attorney

General for a reply to be filed within a month (1). The

Court shall hear the prosecution and the accused and

shall in the judgement decide which property shall be

subject to the confiscation order.

(4) If the Court finds that any part of the property

subject to confiscation is unavailable, it shall make a

confiscation order in the judgment for a sum of money

equal in value to the unavailable property. At any time

after the issuance of such an order for a sum of money,

the Court, upon the application of the Attorney General,

may make an order confiscating any other property of the

person convicted to satisfy the judgement in whole or in

part.

(5) Any confiscation order made in accordance with

this article, including an order in the form of a judgement

for a sum of money, may be appealed together with the

appeal from the conviction and sentence

Provided the time limit for filing an appeal from the

conviction shall commence to run from the date when the

judgement which includes the confiscation order is

delivered.

(6) The Court shall issue an order confiscating

property pursuant to this article based solely on its

finding that the property is subject to confiscation and

without regard to the ownership or the rights of any third

parties over the property. All issues regarding the rights

o f t hi r d pa r ti e s s ha ll b e de te r mi ne d i n s e pa r a te

proceedings in accordance with article 39. Accordingly,

third parties may not participate in the determination of

which property is subject to confiscation in accordance

with this article.

(7) The issuance of a confiscation order in

accordance with this article is mandatory, except that in

the case of facilitating property and property involved in

money laundering other than the proceeds of the

predicate offence, the Court shall limit the confiscation

to the extent necessary to ensure that the confiscation is

not grossly disproportionate to the gravity of the offence

giving rise to the confiscation.

(8) For the purpose of being assisted in the

identification and location of property subject to

confiscation, in the calculation of the amount of a

judgement for a sum of money, or in the identification of

property that may be needed to satisfy such a judgment,

the Attorney General may apply for an order pursuant to

articles 34 and 35.

(9) Pending a determination by the Court that the

property is subject to confiscation, or that a property

shall be needed to satisfy a confiscation judgement, any

property of the person convicted or of a third party may

be attached, frozen or seized in accordance with articles

35 and 36, if the Court, upon the application of the

Attorney General, finds that there are reasonable grounds

to believe that the property may be found to be subject to

confiscation.

(10) When more than one person is convicted of an

offence, each convicted person shall be jointly and

severally liable for the total proceeds of crime obtained

by any of them

Provided that

(a) the Government may not recover more

than the total proceeds of the offence; and

(b) in the case of a convicted person whose

role in the offence was incidental in comparison

with the roles of the other convicted persons, the

Court shall consider the extent to which making

such person jointly and severally liable for the total

proceeds of the crime would be grossly

disproportionate to the role of that person in the

offence.".

26. Immediately after sub-article (6) of article 39 of the principal Amendment of

article 39 of the

Act there shall be added the following new article

principal Act.

"(7) In respect of property confiscated by a judgement of a

Court of Criminal Jurisidction in terms of article 38, an action by a

third party under this article shall be filed by not later than six (6)

months from the date of the final judgement ordering confiscation.

If no action is filed as aforesaid the confiscation of property shall

become final and cannot be challenged.".

27. Article 41 of the principal Act shall be amended as follows

Amendment of

article 41 of the

principal Act.

(a) in sub-article (1) the words "the proviso to paragraph

(b) of sub-article (1) of article 36 and in terms of sub-article (4)

of the said article" shall be substituted by the words "sub-article

(5) of article 36 and any application to vary an Attachment Order

or a Seizing and Freezing Order" and the words "the Criminal

Court" shall be substituted by the words "the Court";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) In determining any payment allowed to be

made to the suspect or to the accused in terms of sub-

article (5A) of article 35 or of sub-article (5) of article 36

the Court shall take into consideration the actual needs of

the suspect or the accused and the availability of other

means for his subsistance.".

28. Paragraph (d) of sub-article (2) of article 43 of the principal Amendment of

article 43 of the

Act shall be substituted by the following new paragraph

principal Act.

"(d) any violation of any international sanction imposed

by the United Nations, the European Union, or other

international body whose authority to impose such international

sanctions is recognized in Maltese law.".

29. In sub-article (4) of article 44 of the principal Act the words

"article 59" shall be substituted by the words "article 49".

30. Article 47 of the principal Act shall be substituted by the

following new article

In addition to the authority to bring a non-

conviction-based confiscation action against property that

outside Malta.

is found in Malta, the Government may exercise such an

action against property located outside of Malta, if the

property would be subject to confiscation in terms of

article 43(2)(a) if the property were found in Malta. In

such a case, the Courts of Malta shall have the authority to

issue an appropriate confiscation order, and the Attorney

General shall have the authority to request the central

authority in the country where the property is located, to

register and enforce the order in accordance with that

country’s domestic laws and any applicable international

agreements.".

31. Article 48 of the principal Act shall be amended as follows

(1) sub-article (4) thereof shall be substituted by the following

new sub-article

"(4)(a) If the Government contests the reply of any

intervener for failure to establish an ownership interest in the

property, prior to any other matter, the Court shall first determine

whether the intervener has established his ownership interest.

(b) Notwithstanding any title to the property, the

Court shall not be satisfied that the intervener has an

ownership interest in the property if it finds that the

intervener is a nominee who did not exercise effective

dominion and control over the property, or otherwise did

not prove rights of ownership consistent with real

ownership.";

(2) paragraph (b) of sub-article (5) thereof shall be substituted by

the following new paragraph

"(b) Otherwise, if a valid claim is filed, the Court shall

issue a Confiscation Order if it determines that

(i) on a balance of probabilities, the Government

has established that the property is subject to confiscation;

and

(ii) no intervener has established an affirmative

defence in terms of article 49."; and

(3) immediately after paragraph (b) of sub-article (5) thereof, as

substituted, there shall be added the following new paragraph

"(c) In determining whether the Government has met its

burden of establishing that the property is subject to

confiscation, the Court may consider any evidence relevant to

that determination submitted by the intervener. The Court shall

postpone determining whether the intervener is able to establish

an affirmative defence in terms of article 49 until it has found

that the property is subject to confiscation.".

PART VI

Transitory Provisions

32. (1) Except as otherwise provided in this article, the Transitory

provisions of articles 17A and 17B of the Malta Financial Services provisions.

Authority Act, of articles 3, 4 and 5 of the Prevention of Money Cap. 373.

Laundering Act, of articles 18 and 19 of the Prevention of Financial Cap. 476.

Markets Abuse Act, and of articles 35, 36 and 41 of the Proceeds of Cap. 621.

Crime Act, as amended by the Act to amend Various Laws relating to

Act No. VI of

the Proceeds of Crime, 2024 shall apply to investigation procedures 2024.

and to criminal proceedings which are commenced after the coming

into force of the said Act.

(2) The provisions of the articles referred to in sub-article (1) as

in force before the coming into force of the Act to amend Various Act No. VI of

Laws relating to the Proceeds of Crime, 2024 shall remain in force and 2024.

shall apply after the coming into force of the said Act in relation to

investigations and criminal proceedings which were commenced

before the coming into force of the said Act, except as otherwise

provided in this article.

(3) The provisions of the articles referred to in sub-article (1) as

amended by the Act to amend Various Laws relating to the Proceeds of Act No. VI of

Crime, 2024 shall apply in respect of Attachment Orders and Seizing 2024.

and Freezing Orders issued in relation to investigations or criminal

proceedings which were commenced before the date of coming into

force of the said articles as amended by the Act to amend Various

Laws relating to the Proceeds of Crime, 2024 but which are still

pending on the said date of coming into force, subject to the following

conditions

(a) the suspect, the person charged or the accused files a

request by application to the Criminal Court in the case of an

Attachment Order or to the Court before which the case is being

heard in the case of a Seizing and Freezing Order in which he

requests that the order issued in his regard be regulated by the

said articles as amended by the said Act instead of the articles as

were in force prior to being so amended;

(b) the Court, after having heard the prosecution and

every witness who it considers appropriate to hear, considers that

it should accede to the request; and

(c) the Court issues a decree by which it shall regulate

the manner and the time frame according to which the

Attachment Order or the Seizing and Freezing Order shall

proceed to be regulated in accordance with the articles referred

to in sub-article (1) as amended by the said Act

Provided that, without prejudice to the generality of this sub-

article, in the case of a Seizing and Freezing Order the provisions of

article 36(4) of the Proceeds of Crime Act as amended by the Act to

amend Various Laws relating to the Proceeds of Crime, 2024 shall, as

2024. from such date as may be established in the said decree, commence to

apply mutatis mutandis to the Seizing and Freezing Order in such

manner sohowever that the two (2) periods of ninety (90) days

provided for in article 36(4)(b) may also be extended by the Court

upon a request by the prosecution by another subsequent period of

ninety (90) days if the Court is satisfied that such extension is justified.

(4) Where the law applicable to an Attachment Order or a Seizing

and Freezing Order is modified in accordance with sub-article (3), the

investigation or the criminal proceedings with reference to which the

said modification is made shall, except in the case of criminal

proceedings which are adjourned for final submissions or for

judgment, be regulated from that time onwards in their entirety,

including but not limited to the procedure for the confiscation of any

proceeds of crime, by the provisions of the law as amended by the Act

2024. to amend Various Laws relating to the Proceeds of Crime, 2024.

(5) The provisions of article 7 of the Prevention of Money

Laundering Act and of article 38 of the Proceeds of Crime Act as

amended by the Act to amend Various Laws relating to the Proceeds of

2024. Crime, 2024 shall apply to all investigations and criminal proceedings

also including those which are pending on the date of the coming into

force of the said Act except for criminal proceedings which on the date

of the coming into force of the said Act are adjourned for final

submissions or for judgment in which latter cases the said proceedings

shall continue to be regulated by the provisions of the said articles as

in force before the coming into force of the said Act and those

provisions shall, for the purposes of this sub-article, be deemed to have

remained in force.

(6) The provisions of all articles of the Act to amend Various Laws Act No. VI of

relating to the Proceeds of Crime, 2024 which are not referred to in sub- 2024.

article (1) or sub-article (5) shall apply to all proceedings, whether they

are pending on the date of the coming into force of the said Act, or if

commenced subsequent to the coming into force of the said Act.

Passed by the House of Representatives at Sitting No. 201 of the

30th January, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€1.98