Cap. 621 Art. 43Object of this Part and applicability. 

(1) Without prejudice to sub-article (2), this Part establishes preventive measures consisting of non-conviction based confiscation, which provide for the recovery of property subject to confiscation in situations where, in the judgment of the Attorney General, it is not necessary or rather it is not appropriate to recover such property through a conviction based confiscation as part of a criminal prosecution, in any of the following cases:

(a) where the perpetrator absconds or is not in Malta;

(b) where the perpetrator is dead; or

(c) where the perpetrator dies prior to the conclusion of the criminal proceedings.

(2) Property subject to confiscation under this part of this Act is property which, in any of the cases referred to in sub-article (1), is the proceeds derived from the following categories of crimes:

(a) a crime or crimes specified in Article 3(1)(a) of the United Nations Convention Against Illicit Traffic in

Narcotic Drugs and Psychotropic Substances adopted on the

19th December 1988 in Vienna reproduced (in the English language only) in the First Schedule to the Prevention of Money

Laundering Act;

(b) terrorism, and funding of terrorism, money laundering, illegal dealing in arms and armaments, trafficking of persons, and any other crime liable in Malta to a punishment of imprisonment of not less than ten (10) years;

(c) any crime committed within the framework of a criminal organisation within the meaning of Council th Framework Decision 2008/841 JHA of the 24 October 2008 on the fight against Organised Crime.

(d) any violation of any international sanction imposed by the United Nations, the European Union, or other international body whose authority to impose such international sanctions is recognized in Maltese law.