Alle Vorschriften · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order
82 Further determination leading to increased pecuniary penalty order
(1) This section applies to a case where the Court has made a pecuniary penalty order (hereinafter referred to as current determination in this section) under section 78.
(2) Where the Attorney-General or a prosecutor on behalf of AntiCorruption Commission of Seychelles is of the opinion that the real value of the accused’s benefit from criminal conduct was more than its assessed value, the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles may make, or cause to be made, an application to the Court for reconsideration of the assessed value and for issuing a revised pecuniary penalty order.
(3) For the purposes of subsection (2)—
“assessed value” means the value of the accused’s benefit from the criminal conduct as assessed by the Court under section 78; and
“real value” means the value of the accused’s benefit from the criminal conduct—
(a) in the period by reference to which the current determination was made; or
(b) in any earlier period.
(4) Upon consideration of the application filed under subsection (2) and considering the evidence placed before it, if the Court is satisfied that the real value of the accused’s benefit from criminal conduct is more than its assessed value the Court shall make a fresh pecuniary penalty order under section 78.
(5) The Court may take into account any payment or reward received by the accused on or after the date of the current determination, if the AttorneyGeneral or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles proves that the same was received by the accused in connection with criminal conduct carried on by the accused on or before that date.
(6) While considering any evidence under this section relating to any payment or reward referred to in subsection (5), the Court shall consider the assumptions specified under section 79(4).
(7) After considering the application filed under subsection (2) and the evidence placed before it, if the court is satisfied that the amount to be recovered exceeds the amount specified in the current determination, the Court may revise the pecuniary penalty order to such amount as it may think just and proper in the circumstances of the case.
(8) 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.
Procedure for filing statements to assist court in calculating the benefit from criminal conduct
(2) Where the Attorney-General or a prosecutor on behalf of AntiCorruption Commission of Seychelles is of the opinion that the real value of the accused’s benefit from criminal conduct was more than its assessed value, the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles may make, or cause to be made, an application to the Court for reconsideration of the assessed value and for issuing a revised pecuniary penalty order.
(3) For the purposes of subsection (2)—
“assessed value” means the value of the accused’s benefit from the criminal conduct as assessed by the Court under section 78; and
“real value” means the value of the accused’s benefit from the criminal conduct—
(a) in the period by reference to which the current determination was made; or
(b) in any earlier period.
(4) Upon consideration of the application filed under subsection (2) and considering the evidence placed before it, if the Court is satisfied that the real value of the accused’s benefit from criminal conduct is more than its assessed value the Court shall make a fresh pecuniary penalty order under section 78.
(5) The Court may take into account any payment or reward received by the accused on or after the date of the current determination, if the AttorneyGeneral or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles proves that the same was received by the accused in connection with criminal conduct carried on by the accused on or before that date.
(6) While considering any evidence under this section relating to any payment or reward referred to in subsection (5), the Court shall consider the assumptions specified under section 79(4).
(7) After considering the application filed under subsection (2) and the evidence placed before it, if the court is satisfied that the amount to be recovered exceeds the amount specified in the current determination, the Court may revise the pecuniary penalty order to such amount as it may think just and proper in the circumstances of the case.
(8) 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.
Procedure for filing statements to assist court in calculating the benefit from criminal conduct
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)
