S.L. 276.5 Art. 60Extraditable offences and person sentenced for offence.

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

(a) 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

(b) he has 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 a sentence of imprisonment or another form of detention for a term of four (4) months or a greater punishment has been imposed in the scheduled country in respect of the conduct.

(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) a sentence of imprisonment or another form of detention for a term of four months or a greater punishment has been imposed in the scheduled country in respect of the conduct.

(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; and

(b) a sentence of imprisonment or another form of detention for a term of four (4) months or a greater punishment has been imposed in the scheduled country in respect of the conduct.. (4A) Repealed by Legal Notice 199 of 2022.

(5) 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 and no part of it occurs in Malta;

(b) a sentence of imprisonment or another form of detention for a term of four months or a greater punishment has been imposed in the scheduled country in respect of the conduct;

(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.