S.L. 276.5 Art. 59Extraditable offences where person not sentenced for offence.

(1) This article applies in relation to the conduct of a person if -

(a) he is accused in a scheduled country of the commission of an offence constituted by the conduct, or

(b) he is alleged to be unlawfully at large after conviction by a court in a scheduled country of an offence constituted by the conduct and he has not been sentenced for the offence.

(2) The conduct constitutes an extraditable offence in relation to the scheduled country if these conditions are satisfied:

(a) the conduct occurs in the scheduled country and no part of it occurs in Malta;

(b) a certificate issued by an appropriate authority of the scheduled country shows that the conduct is scheduled conduct;

(c) the certificate shows that the conduct is punishable under the law of the scheduled country with imprisonment or another form of detention for a term of three years or a greater punishment.

(3) The conduct also constitutes an extraditable offence in relation to the scheduled country if these conditions are satisfied:

(a) the conduct occurs in the scheduled country;

(b) the conduct would constitute an offence under the law of Malta if it occurred in Malta;

(c) the conduct is punishable under the law of the scheduled country with imprisonment or another form of detention for a term of twelve months or a greater punishment (however it is described in that law).

(4) The conduct also constitutes an extraditable offence in relation to the scheduled country if these conditions are satisfied:

(a) the conduct occurs outside the scheduled country;

(b) the conduct is punishable under the law of the scheduled country with imprisonment or another form of detention for a term of twelve months or a greater punishment (however it is described in that law);

(c) in the case of an offence not listed in Schedule 2, in corresponding circumstances, equivalent conduct would constitute an extra-territorial offence under the law of Malta punishable with imprisonment or another form of detention for a term of twelve months or a greater punishment.

(4A) The conduct also constitutes an extraditable offence in relation to a scheduled country if these conditions are satisfied:

(a) the conduct occurs outside the scheduled country and no part of it occurs in Malta;

(b) in the case of an offence not listed in Schedule 2, the conduct would constitute an offence under the law of Malta punishable with imprisonment or another form of detention for a term of twelve months or a greater punishment if it occurred in Malta;

(c) the conduct is so punishable under the law of the scheduled country (however it is described in that law).

(5) The conduct also constitutes an extraditable offence in relation to a scheduled country if these conditions are satisfied:

(a) the conduct occurs outside the scheduled country and no part of it occurs in Malta;

(b) the conduct is punishable under the law of the scheduled country with imprisonment or another form of detention for a term of twelve months or a greater punishment (however it is described in that law);

(c) the conduct constitutes or if committed in Malta would constitute any of the offences mentioned in article 54A(1) of the Criminal Code.

(6) For the purposes of sub-articles (3)(b) and (4)(c) -

(a) if the conduct relates to a tax or duty, it is immaterial that the law of Malta does not impose the same kind of tax or duty or does not contain rules of the same kind as those of the law of the scheduled country;

(b) if the conduct relates to customs or exchange, it is immaterial that the law of Malta does not contain rules of the same kind as those of the law of the scheduled country.

(7) This article applies for the purposes of this Order.

(8) The scheduled conduct must be taken for the purposes of sub-article (2)(b) to include conduct which constitutes -

(a) an attempt, conspiracy or incitement to carry out conduct falling within the schedule, or

(b) aiding, abetting, counselling or procuring the carrying out of conduct falling within the schedule.

(9) Notwithstanding the foregoing provisions of this article, conduct also constitutes an extraditable offence in relation to Malta if in relation to the said conduct a decision on supervision measures in terms of the Decisions on Supervision Measures (Execution in the European Union) Regulations was issued, even when the conduct is not punishable with imprisonment or another form of detention for a term of twelve months or a greater punishment.