S.L. 9.15 Art. 8Grounds for non- recognition.

(1) A confiscation order shall not be recognised by the

Attorney General if:

(a) the certificate provided for in Schedule 2 is not produced, is incomplete or manifestly does not correspond to the confiscation order;

(b) execution of the confiscation order would be contrary

(d) there is an immunity or privilege under the law of Malta which prevents the execution of a domestic confiscation order on the property concerned;

(e) the rights of any interested party, including bona fide third parties, under the law of Malta, make it impossible to execute the confiscation order: Provided that if any action is brought before the courts of Malta by any interested party, the issuing State shall be informed thereof;

(f) according to the certificate provided for in Schedule 2, the person against whom the order was issued did not appear personally at the trial resulting in the decision, unless the said certificate states that the person, in accordance with procedural requirements defined in the law of the issuing State:

(i) in due time was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the confiscation order, or by other means actually received official information of the scheduled date and place of that trial in such a manner that it was unequivocally established that he was aware of the scheduled trial and was informed that such a confiscation order may be handed down if he does not appear for the trial, or

(ii) being aware of the scheduled trial, had given a mandate to his legal counsel appointed by the said person or by the State, to defend him at his trial, and was indeed defended by the said legal counsel at the trial, or

(iii) after being served with the confiscation order and being expressly informed of the right to a retrial, or an appeal, in which he has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined and which may lead to the original decision being reversed, he expressly stated that he does not contest the confiscation order or he did not request a retrial or an appeal within the applicable time-frame;

(g) the confiscation order is based on criminal proceedings in respect of criminal offences which:

(i) under the law of Malta, are regarded as having been committed wholly or partly within its territory, or in a place equivalent to its territory, or

(h) the execution of a confiscation order is barred by prescription according to the law of Malta and the acts constituting the offence for which the confiscation order was issued fall within the jurisdiction of the Maltese courts.

(2) If it appears to the Attorney General that -

(a) the confiscation order was issued in circumstances where confiscation of the property was ordered as a result of the application, in the issuing State, of any of the extended powers of confiscation specified in Article 3(1) and (2) of Council Framework Decision 2005/212/JHA, and

(b) the confiscation order falls outside the scope of the option adopted by the executing State under Article 3(2) of Council Framework Decision 2005/212/JHA, the confiscation order shall be executed at least to the extent provided for in similar cases under the law of Malta.

(3) The Attorney General shall consult with the authorities of the issuing state when he makes a decision to refuse recognition or execution of a confiscation order based on:

(a) the grounds listed in sub-regulation (1)(a), (b), (f) or (g);

(b) the ground listed in sub-regulation (1)(e) and information is not being provided to the issuing state of any action brought before a Court in Malta;

(c) the grounds mentioned in sub-regulation (2).

(4) In the event that execution of the confiscation order is impossible due to the fact that the property to be confiscated has already been confiscated, has disappeared, has been destroyed, cannot be found in the location indicated in the certificate or the location of the property has not been indicated in a sufficiently precise manner, the competent judicial authorities of the issuing state shall be notified.