Alle Vorschriften · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order
89 Enforcement of pecuniary penalty order
(1) Where a Court makes a pecuniary penalty order under section 78, the order may be enforced by the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles at any time after it is made (or, if the order provides for payment at a later time, then at any time after the later time) as if it were a judgment of the Court for the payment to the Government of Seychelles
of the sum specified in the order (or of any lesser sum remaining due under the order).
(2) Subject to the provisions of subsection (3), if the sum due under a pecuniary penalty order has become enforceable under subsection (1), and if it is reported to the Court by the Attorney-General, that any such sum or any part thereof remains unpaid, the Court shall, without prejudice to the validity of anything previously done under the order, order that the accused be imprisoned for the period set out in the second column of the Table below subsection (6), to the amount of the pecuniary penalty order remaining unpaid.
(3) An order under subsection (2) shall not be made unless the accused has been given a reasonable opportunity to make a representation to the Court that the order should not be made and the Court has taken into account any representations so made and any representations made by the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles in reply to such representation by the accused.
(4) The term of imprisonment imposed under subsection (2) shall commence on the expiration of any term of imprisonment for which the accused is liable under the sentence for the offence in question or otherwise, but shall be reduced in proportion to any sum or sums paid or recovered from time to time under the pecuniary penalty order.
(5) The service of any term of imprisonment by the accused under this section shall not expunge any liability the accused may have under a pecuniary penalty order.
(6) The term of imprisonment being served or to be served by the accused shall not be delayed or in any way affected by an order made under subsection (1) or by the appointment of a receiver and the term of imprisonment not served shall be appropriately reduced in accordance with the Table on receipt by the Government of Seychelles of any moneys realised by either or both of those methods of enforcement. TABLE Amount outstanding under pecuniary penalty order
Period of imprisonment
Not exceeding SCR5,000
45 days
Exceeding SCR5,000 but not exceeding SCR10,000
3 months
Exceeding SCR10,000 but not exceeding SCR25,000
4 months
Exceeding SCR25,000 but not exceeding SCR50,000
6 months
Exceeding SCR50,000 but not exceeding SCR100,000
9 months
Exceeding SCR100,000 but not exceeding SCR200,000
12 months
Exceeding SCR200,000 but not exceeding SCR500,000
18 months
Exceeding SCR500,000 but not exceeding SCR1,000,000
2 years
Exceeding SCR1,000,000 but not exceeding SCR2,000,000
3 years
Exceeding SCR2,000,000 but not exceeding R3,000,000
4 years
Exceeding SCR3,000,000 but not exceeding SCR4,000,000
6 years
Exceeding SCR4,000,000 but not exceeding SCR5,000,000
8 years
Exceeding SCR5,000,000
10 years
of the sum specified in the order (or of any lesser sum remaining due under the order).
(2) Subject to the provisions of subsection (3), if the sum due under a pecuniary penalty order has become enforceable under subsection (1), and if it is reported to the Court by the Attorney-General, that any such sum or any part thereof remains unpaid, the Court shall, without prejudice to the validity of anything previously done under the order, order that the accused be imprisoned for the period set out in the second column of the Table below subsection (6), to the amount of the pecuniary penalty order remaining unpaid.
(3) An order under subsection (2) shall not be made unless the accused has been given a reasonable opportunity to make a representation to the Court that the order should not be made and the Court has taken into account any representations so made and any representations made by the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles in reply to such representation by the accused.
(4) The term of imprisonment imposed under subsection (2) shall commence on the expiration of any term of imprisonment for which the accused is liable under the sentence for the offence in question or otherwise, but shall be reduced in proportion to any sum or sums paid or recovered from time to time under the pecuniary penalty order.
(5) The service of any term of imprisonment by the accused under this section shall not expunge any liability the accused may have under a pecuniary penalty order.
(6) The term of imprisonment being served or to be served by the accused shall not be delayed or in any way affected by an order made under subsection (1) or by the appointment of a receiver and the term of imprisonment not served shall be appropriately reduced in accordance with the Table on receipt by the Government of Seychelles of any moneys realised by either or both of those methods of enforcement. TABLE Amount outstanding under pecuniary penalty order
Period of imprisonment
Not exceeding SCR5,000
45 days
Exceeding SCR5,000 but not exceeding SCR10,000
3 months
Exceeding SCR10,000 but not exceeding SCR25,000
4 months
Exceeding SCR25,000 but not exceeding SCR50,000
6 months
Exceeding SCR50,000 but not exceeding SCR100,000
9 months
Exceeding SCR100,000 but not exceeding SCR200,000
12 months
Exceeding SCR200,000 but not exceeding SCR500,000
18 months
Exceeding SCR500,000 but not exceeding SCR1,000,000
2 years
Exceeding SCR1,000,000 but not exceeding SCR2,000,000
3 years
Exceeding SCR2,000,000 but not exceeding R3,000,000
4 years
Exceeding SCR3,000,000 but not exceeding SCR4,000,000
6 years
Exceeding SCR4,000,000 but not exceeding SCR5,000,000
8 years
Exceeding SCR5,000,000
10 years
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)