Cap. 621 Art. 44Competence of the Civil Court (Asset Recovery Section). 

(1) The Civil Court (Asset Recovery Section) shall be competent to hear and determine all matters arising under this Part if the property subject to confiscation is found in Malta or if the offence giving rise to the confiscation occurred in Malta.

(2) Actions under this Part shall be actions in rem against the property subject to confiscation and not against individuals. The burden of proof required in proceedings under this Part shall be that applicable in civil law proceedings.

(3) The Government may commence an action under this Part to recover any property subject to confiscation. In such a proceeding, the Government is the plaintiff, the property shall be designated as the subject to confiscation, and persons contesting the confiscation are res interveners who may intervene in the action upon showing that they have an ownership interest in the property.

(4) The burden of proof shall be on the intervener to establish an ownership interest in the property and to establish any affirmative defence under article 49. Otherwise, the burden of proof shall be on the Government.