All provisions · AML/CFT Act (Cap. 251) · Part Ix: Restraint, seizure and forfeiture
76 Court proceedings for forfeiture of cash seized
(1) A judge may order the forfeiture of any cash which has been seized under section 74(2) if satisfied, on an application submitted by the Attorney General a prosecutor on behalf of Anti-Corruption Commission of Seychelles, that the cash seized is not less than the prescribed sum or the judge has reasonable grounds for suspecting that it directly or indirectly represents any person’s benefit from, or is intended by any person for use in connection with, any offence.
(2) An order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash in question is connected.
(3) Where it appears to the court on evidence produced by or on behalf of the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles consisting of, or including evidence adduced under subsection (4) that the cash constitutes directly or indirectly the proceeds of crime or was intended by any person to be used in connection with criminal conduct, the Court shall make an order of forfeiture in respect of the whole or, a specified part of the cash:
Provided that the court shall not make an order if it is proved by the respondent or any other person that the cash does not constitute directly or indirectly the benefit from criminal conduct or was not intended by any person to be used in connection with criminal conduct.
(4) Where an authorised officer on an affidavit or, if the Court so permits or directs, in oral evidence affirms that the cash—
(a) constitutes in part or wholly, directly or indirectly, proceeds of crime;
(b) is intended for use by any person in connection with criminal conduct, then, if the Court is satisfied that there are reasonable grounds for believing so, the Court shall make an order detaining the cash.
(5) On an application submitted by the person from whom the cash was seized, the Judge of the Court may order the release in whole or in part of the cash which was seized under section 74(2) as may be considered appropriate by the Court.
(2) An order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash in question is connected.
(3) Where it appears to the court on evidence produced by or on behalf of the Attorney-General or a prosecutor on behalf of Anti-Corruption Commission of Seychelles consisting of, or including evidence adduced under subsection (4) that the cash constitutes directly or indirectly the proceeds of crime or was intended by any person to be used in connection with criminal conduct, the Court shall make an order of forfeiture in respect of the whole or, a specified part of the cash:
Provided that the court shall not make an order if it is proved by the respondent or any other person that the cash does not constitute directly or indirectly the benefit from criminal conduct or was not intended by any person to be used in connection with criminal conduct.
(4) Where an authorised officer on an affidavit or, if the Court so permits or directs, in oral evidence affirms that the cash—
(a) constitutes in part or wholly, directly or indirectly, proceeds of crime;
(b) is intended for use by any person in connection with criminal conduct, then, if the Court is satisfied that there are reasonable grounds for believing so, the Court shall make an order detaining the cash.
(5) On an application submitted by the person from whom the cash was seized, the Judge of the Court may order the release in whole or in part of the cash which was seized under section 74(2) as may be considered appropriate by the Court.
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)
