Alle Vorschriften · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order
83 Procedure for filing statements to assist court in calculating the benefit from criminal conduct
(1) Where an application has been submitted to the Court under section 79 or section 81 or section 82—
(a) the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles may also file a statement relating to the assessment of benefit accrued by the accused relevant to the determination of whether the accused has benefited from criminal conduct; or
(b) if the accused accepts any averments in the statement, the Court may, for the purposes of the determination or assessment, consider the accused’s acceptance as conclusive evidence of the matters to which it relates.
(2) Nothing in this section shall prevent the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles from making more than one statement.
(3) Nothing herein shall oblige the accused to make any response to a statement tendered to the Court by or on behalf the Attorney-General or a
prosecutor on behalf of the Anti-Corruption Commission of Seychelles or to tender a statement to the Court under this section and no adverse inference shall be drawn against the accused in either event.
Matters to be taken into account in determining the level of a pecuniary penalty order
(a) the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles may also file a statement relating to the assessment of benefit accrued by the accused relevant to the determination of whether the accused has benefited from criminal conduct; or
(b) if the accused accepts any averments in the statement, the Court may, for the purposes of the determination or assessment, consider the accused’s acceptance as conclusive evidence of the matters to which it relates.
(2) Nothing in this section shall prevent the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles from making more than one statement.
(3) Nothing herein shall oblige the accused to make any response to a statement tendered to the Court by or on behalf the Attorney-General or a
prosecutor on behalf of the Anti-Corruption Commission of Seychelles or to tender a statement to the Court under this section and no adverse inference shall be drawn against the accused in either event.
Matters to be taken into account in determining the level of a pecuniary penalty order
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)
