Parliament has approved two laws on arrest and detention and on reforming the procedure related to the proceeds of crime.
The bill on arrest and detention will allow the arrest of persons reasonably suspected of serious crimes carrying a punishment of 12 years imprisonment or more, to be extended by a maximum of another 48 hours by order of the Magistrate. This law required constitutional amendments.
“Through this law we will be offering more effective tools to the Police in cases of crimes that require the person suspected of a serious crime to be held for a longer period under arrest. As was emphasized even at Committee stage, the applicability of this law should be the exception and not the rule. This is a law that also reflects steps taken in other countries to respond to complex crimes that have developed over the years”, stressed the Minister for Justice and Reform in the Construction Sector Jonathan Attard.
Parliament also approved the Act to amend various laws relating to the proceeds of crime. Where possible this bill creates a uniform procedure for the attachment, freezing and confiscation of the proceeds of crime, but also responds to the proportionality required in such orders as requested by the Maltese Courts and also by the European Court for Human Rights.
The parliamentary process, in the various stages but particularly at Committee stage, led to this bill being further strengthened, in such a way that a fairer balance is reached between public interest to issue such orders and the rights of the suspected, accused or charged person not to be placed in a situation of financial ruin without being found guilty.
No crime was struck off and no punishment was mitigated due to these amendments. With regards to crimes related to drugs, which in our country carry a maximum punishment of life in prison, the same procedure that is already in place was retained.
These amendments establish, among others, the obligation to identify the property and specific assets that should be subject to a Seizure and Freezing Order and the power of the Court to vary such order, at the request of the Defendant or of the Prosecutor.
The law also introduces the possibility of an increase in the amount that can be released to the accused for sustaining himself and his family’s while the case is pending. Procedurally it will also be the Criminal Court, which after deciding on the guilt will be establishing and identifying the value and the assets that should be confiscated.
“We want to continue working for a society where everyone, without any distinction, is accountable for their actions but we also want to ensure that the laws respect the fundamental rights and the need for an objective justification for the measures that are taken. These are two important pieces of legislation in the work being carried out for a more efficient and effective justice and the fight against crime,” reiterated Minister Jonathan Attard.
