Alle Vorschriften · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order
81 Revision of pecuniary penalty order
(1) This section applies to a case where an application has previously been submitted to the court under section 78, and the Court has determined that the accused has not benefited from criminal conduct.
(2) If the Attorney-General or a prosecutor on behalf of the AntiCorruption Commission of Seychelles produces any additional evidence—
(a) which was not produced and considered by the Court at the time of consideration of an application under section 78; and
(b) if the Attorney-General or a prosecutor on behalf of AntiCorruption Commission of Seychelles believes that the additional evidence may lead the Court to determine that the accused had benefited from the criminal conduct, any such additional evidence may be taken on record on an application filed by the AttorneyGeneral or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles to consider that evidence for the proper appreciation of the case.
(3) On an application submitted by the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles under subsection (2) and on consideration of the evidence submitted along with the application, if the Court is satisfied that the accused had benefited from the criminal conduct, the Court shall—
(a) (i) make a fresh determination; and
(ii) determine the amount to be recovered under section 78; and
(b) make a pecuniary penalty order under this section requiring the person concerned to pay the amount so determined.
(4) While considering an application under this section, the Court may take into account any payment or other reward received by the accused on or after the determination referred to in subsection (1).
(5) While considering any additional evidence under this section, relating to any payments or reward referred to in subsection (4), the Court shall consider the assumptions specified under section 79(4).
(6) No application under subsection (2) shall be entertained by the Court if it is submitted after two years from the date on which the accused was convicted.
(2) If the Attorney-General or a prosecutor on behalf of the AntiCorruption Commission of Seychelles produces any additional evidence—
(a) which was not produced and considered by the Court at the time of consideration of an application under section 78; and
(b) if the Attorney-General or a prosecutor on behalf of AntiCorruption Commission of Seychelles believes that the additional evidence may lead the Court to determine that the accused had benefited from the criminal conduct, any such additional evidence may be taken on record on an application filed by the AttorneyGeneral or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles to consider that evidence for the proper appreciation of the case.
(3) On an application submitted by the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles under subsection (2) and on consideration of the evidence submitted along with the application, if the Court is satisfied that the accused had benefited from the criminal conduct, the Court shall—
(a) (i) make a fresh determination; and
(ii) determine the amount to be recovered under section 78; and
(b) make a pecuniary penalty order under this section requiring the person concerned to pay the amount so determined.
(4) While considering an application under this section, the Court may take into account any payment or other reward received by the accused on or after the determination referred to in subsection (1).
(5) While considering any additional evidence under this section, relating to any payments or reward referred to in subsection (4), the Court shall consider the assumptions specified under section 79(4).
(6) No application under subsection (2) shall be entertained by the Court if it is submitted after two years from the date on which the accused was convicted.
Amtliche Quelle: 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)
