Judgment By The Criminal Court On The Purpose Of Freezing Orders

In a judgment delivered by the Criminal Court (per Madam Justice Consuelo Scerri Herrera) on 23 September, 2021 in the names Ir-Repubblika ta' Malta vs X and Y¹, whilst revoking a decree that ordered a temporary Seizing and Freezing Order against one of the accused, the Court went to great lengths to explain the purpose behind a freezing order and the function it is designed to fulfil.

In these proceedings, the Attorney General filed an application requesting that the decree of the first court that had ordered the issuance of a Freezing Order in terms of article 5 of the Prevention of Money Laundering Act (Cap. 373 of the Laws of Malta; the "PMLA") with respect to the first accused company, but rejected such a request with respect to the second accused (who was the Head of Compliance of the accused company), and ordered instead the issuance of a temporary Seizing and Freezing Order in terms of article 36 of the Proceeds of Crime Act (Cap. 621 of the Laws of