All provisions · AML/CFT Act (Cap. 251) · Part X: Pecuniary penalty order

85 Making pecuniary penalty order where the accused has died or absconded

(1) The court may proceed with the proceedings filed against the accused, if the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles files an application to that effect and make a pecuniary penalty order—
(a) against the accused’s estate if satisfied that the accused has died during the pendency of the proceedings under this Act; or
(b) against the accused, if satisfied that the accused has absconded.
(2) The power conferred under subsection (1)(b) shall not be exercised before the end of six months beginning on the date on which, in the opinion of the Court, the accused has absconded.
(3) In the proceedings under this section—
(a) the Court shall not make a pecuniary penalty order against a person who has absconded, unless it is satisfied that the Attorney-General or a prosecutor on behalf of the Anti-Corruption Commission of Seychelles has taken reasonable steps to trace the person; and
(b) any person likely to be affected by the pecuniary penalty order shall appear before the Court and make representations and the Court shall make appropriate orders on such representations while ordering the pecuniary penalty order under section 74.

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)

Related provisions

WhatsApp