Confiscation of proceeds of crime

Abstract

Maltese legislation dealing with the forfeiture of proceeds of crime has created a number of new powers. These range from the power to obtain certain information during an investigation, the power to :freeze assets both before proceedings are instituted against a suspect and after said suspect is charged or accused, and the power to order the forfeiture of the assets of the convicted offender. The aim of this study is to provide an exposition of the powers conferred by Maltese legislation on different entities to secure the forfeiture of the benefits acquired by offenders through criminal activity. Deficiencies in Maltese law regarding the same are pointed out and where necessary reference is made to foreign legislation and a comparative analysis given. The first chapter of this study gives an account of the piecemeal approach which characterised the introduction of proceeds of crime legislation into Malta and analyses the rationale for forfeiting the proceeds of crime. Chapter Two examines the investigation and attachment order, which provide wide powers of investigation which could prove invaluable in any inquiry into the benefits derived from an offence. Chapter Three examines the legislative tools available to freeze the assets of the offender and preserve them for eventual forfeiture. The forfeiture of proceeds of crime is analysed in Chapter Four and Five, the former dealing with post-conviction forfeiture, the latter with civil forfeiture of proceeds of crime. Chapter Six gives a brief exposition of two entities created under foreign legislation with the specific task of obtaining confiscation orders and the civil recovery of proceeds of crime. It also succinctly explains who the entities responsible for obtaining forfeiture orders in Malta are.