Cap. 621 Art. 42Where accused absconds etc.

(1) Where after a person has been charged with a relevant offence, such person absconds or dies, or where because of his illness proceedings against him cannot be brought to a conclusion, the Director may bring an action before the Civil Court (Asset Recovery Section) to declare that on the basis of the evidence produced before the Court by the Director, the trial, had it come to a conclusion, would have resulted in a conviction.

(2) An action for a declaration in accordance with sub-article

(1) may also be brought where the suspected person has not been charged, because he dies or absconds before the prosecution may charge him:

Provided that no action may be commenced on the basis of this article, after the lapse of six (6) years from the date of death of the suspected person, or the date when it is discovered that he has absconded.

(3) An action on the basis of sub-articles (1) and (2) shall be brought against the heirs of the accused, if dead, or against curators nominated to represent the accused or, where applicable the accused’s lawful representative who may in each case produce such witnesses and produce all evidence at their disposal to rebut the claims of the Director.

(4) A declaration in terms of sub-articles (1) and (2) shall, for the purposes of article 38, be deemed to be a conviction, but shall not give rise to consequences of a criminal nature.

(5) For the purposes of an action under article 38 on the basis of a judgment in terms of this article, the term of one year referred to in sub-article (2) of the said article 38 shall run from the date when the judgment in the action in accordance with sub-articles (1) and (2) has become res judicata.