S.L. 9.15 Art. 5Mode of transmission.

(1) A confiscation order shall be transmitted with the certificate provided for in Schedule 2 containing the information prescribed therein, by any means capable of producing a written record under conditions allowing the executing State to establish authenticity.

(2) The certificate shall be in either the Maltese or English language:

Provided that it shall not be necessary for the confiscation order to be in either the Maltese or English language.

(3) The original of the confiscation order, or a certified copy thereof, and the original of the certificate shall be transmitted to the executing State if it so requires.

(ii) carries a sentence of imprisonment or another form of detention of a maximum period of at least three years in the issuing State: Provided that in such cases there shall be no verification of the double criminality of the act; or

(b) conduct which -

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

(ii) is punishable under the laws of Malta with imprisonment or another form of detention for a term of twelve months or a greater punishment.

(2) In determining for the purposes of this regulation whether an offence falls within the requirements of sub-regulation (1)(b)(i) -

(a) the description of the offence shall not be regarded as material if the offence under the law of Malta and the law of the issuing State are substantially of the same nature;

(b) 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 issuing State;

(c) 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 issuing State.

(3) A confiscation order shall indicate whether the order has been issued for the purpose of:

(a) confiscating one or more specific items of property; or

(b) confiscating an amount of money.