All provisions · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order
87 Reduction in amount of pecuniary penalty order when realisable property is inadequate
(1) On an application filed by the person against whom proceedings for issuing pecuniary penalty order have been initiated or on an application by the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles in respect of a pecuniary penalty order, where the Court is satisfied that the value of the realisable property is inadequate to meet a payment, the Court may order such lesser amount as it may think just and proper in the circumstances of the case.
(2) For the purposes of subsection (1), the Court may disregard any inadequacy in the value of the realisable property which appears to the Court to be attributable wholly or partly to anything done by the accused for the purpose of preventing any property, including any property held by a person to whom the accused had directly or indirectly made an affected gift, from any risk of realisation under this Act.
Increase in amount of pecuniary penalty order when the value of realisable property increases
(2) For the purposes of subsection (1), the Court may disregard any inadequacy in the value of the realisable property which appears to the Court to be attributable wholly or partly to anything done by the accused for the purpose of preventing any property, including any property held by a person to whom the accused had directly or indirectly made an affected gift, from any risk of realisation under this Act.
Increase in amount of pecuniary penalty order when the value of realisable property increases
Official source: Anti-Money Laundering and Countering the Financing of Terrorism Act (Cap. 251), Act 5 of 2020, Revised Edition as at 17 January 2025 (Acts 5 of 2020, 7 of 2021, 8 of 2021, 62 of 2021, 9 of 2022, 12 of 2024, S.I. 145 of 2020)