Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 9.15 · sl/9.15 (S.L. 9.15)

S.L. 9.15 Art. 9Grounds for postponement of execution.

In KraftAmtlicher Text

(1) The Attorney General may postpone the execution of a confiscation order transmitted in accordance with regulation 5 in the following cases:

(a) if, in the case of a confiscation order concerning an amount of money, he considers that there is a risk that the total value derived from its execution may exceed the amount specified in the confiscation order because of simultaneous execution of the confiscation order in more than one Member State;

(b) in the case where an interested party is seeking legal deems reasonable;

(d) where it is considered necessary to have the confiscation order or parts thereof translated, for the time necessary to obtain its translation, or

(e) where the property is already subject to an order made in the course of other proceedings in Malta.

(2) If a postponement for any of the grounds mentioned in sub-regulation (1)(b) to (e) is deemed necessary, the Attorney General shall inform the issuing judicial authority of this fact and of the grounds for the postponement and, if possible, the expected duration of the postponement.

(3) Once the grounds for postponement have ceased to exist, the provisions of regulations 7 and 10 shall apply and the Attorney General shall inform the issuing State accordingly.