S.L. 276.5 Art. 73DSeizingofproperty on Court order.

(1) The Court shall, on its own initiative or at the request of the authority which issued the Part II warrant or of the Attorney

General, through the Commissioner of Police, seize and hand over to the said authority any property -

(a) which may be required as evidence in that country; or

(b) which has been acquired by the person against whom the Part II warrant was issued as a result of the offence and which, at the time of the arrest of the person whose return is requested, is found in the possession of such person or is discovered subsequently.

(2) The property referred to in sub-article (1) may be handed over to the authority which issued the Part II warrant even if extradition, cannot be carried out owing to the death, disappearance or escape of the person whose return is requested.

(3) When the said property is liable to seizure or confiscation in Malta, the Court may, in connection with proceedings that are pending or with proceedings about to be taken, temporarily retain such property or hand it over to the requesting country on condition that it be returned.