Orders Regulations, 2021

L.N. 180 of 2021

CRIMINAL CODE

(CAP. 9)

Mutual Recognition of Freezing Orders and Confiscation

Orders Regulations, 2021

IN EXERCISE of the powers conferred by articles 628A and

628B of the Criminal Code, the Minister for Justice, Equality and

Governance has made the following regulations:-

(1) The title of these regulations is the Mutual

Recognition of Freezing Orders and Confiscation Orders Regulations,

2021. (2) These regulations provide for the necessary provisions

required to implement Regulation (EU) 2018/1805 of the European

Parliament and of the Council of 14 November 2018 on the mutual

recognition of freezing orders and confiscation orders, hereinafter

referred to as "the Regulation".

(1) When Malta is the ‘issuing State’ for purposes of the

Regulation, the courts of criminal jurisdiction and the Asset Recovery

Bureau shall be designated as competent issuing authorities in respect

of freezing orders and confiscation orders

Provided that the Attorney General shall be the validating

authority for purposes of the Regulation.

(2) When Malta is the ‘executing State’ for purposes of the

Regulation, the Asset Recovery Bureau shall be designated as the

competent executing authority.

(1) A freezing certificate transmitted to the Asset

Recovery Bureau shall be accompanied by the original freezing order

and a translation of the freezing certificate.

(2) A confiscation certificate transmitted to the Asset Recovery

Bureau shall be accompanied by the original confiscation order and a

translation of the confiscation certificate.

€0.09