Editor's note: Former chapter 9 of this title on Major Crimes (§§ 901-951) was repealed in its entirety by PL 11-72 § 1. This new chapter 9 was enacted by PL 11-72 § 84 and is part of the Revised Criminal Code Act.
PART 1: Application for Confiscation
and Pecuniary Penalty Orders
SECTIONS
§ 929. Application for confiscation order or pecuniary penalty order.
§ 930. Notice of application.
§ 931. Amendment of application.
§ 932. Procedure on application.
(1) Where a defendant is convicted of a serious offense, the Secretary may apply to the Supreme Court for one or both of the following orders:
(a) a confiscation order against property that is tainted property in respect of the offense; or
(b) a pecuniary penalty order against the defendant in respect of benefits derived by the defendant from the commission of the offense; provided, however, such application must be made within one year of the date the defendant was convicted for the serious offense.
(2) An application under subsection (1) of this section may be made in respect of one or more than one offense.
(3) Where an application under this section is finally determined, no further application for a confiscation order or a pecuniary penalty order may be made in respect of the offense for which the defendant was convicted without the leave of the Supreme Court. The Supreme Court shall not give such leave unless it is satisfied that:
(a) the property or benefit to which the new application relates, accrued or was identified after the previous application was determined;
(b) necessary evidence became available after the previous application was determined and could not reasonably have been discovered before such determination; or
(c) it is in the interest of justice that the new application be made.
Source: PL 11-72 § 117.
Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.
(1) Where the Secretary applies for a confiscation order against property in respect of the defendant's conviction of a serious offense:
(a) the Secretary must give no less than 14 days written notice of the application to the defendant and to any other person who the Secretary has reason to believe may have an interest in the property;
(b) the defendant and any other person who claims an interest in the property may appear and adduce evidence at the hearing of the application; and
(c) the Supreme Court may, at any time before the final determination of the application, direct the Secretary to:
(i) give notice of the application to any person who, in the opinion of the Supreme Court, appears to have an interest in the property; and
(ii) announce on public radio, post a notice at the main Post Office and all branch offices, and at the National Government headquarters in Palikir, and publish in a newspaper published and circulating in the Federated States of Micronesia, a notice of the application.
(2) Where the Secretary applies for a pecuniary penalty order against a defendant:
(a) the Secretary shall give the defendant no less than 14 days’ notice of the application; and
(b) the defendant may appear and adduce evidence at the hearing of the application.
Source: PL 11-72 § 118.
Cross-reference: The statutory provisions on the Executive and the President are found in title 2 (Executive) of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 (Judicial) of this code.
(1) The Supreme Court, upon hearing the application under subsection 929(1) of this chapter, may, before the final determination of the application, and on the application of the Secretary, amend the application to include any other property or benefit, as the case may be, upon being satisfied that:
(a) the property or benefit was not reasonably capable of identification when the application was made; or
(b) necessary evidence became available only after the application was originally made.
(2) Where the Secretary applies to amend an application for a confiscation order and the amendment would have the effect of including additional property in the application for confiscation, the Secretary must give no less than 14 days written notice of the application to amend, to any person who the Secretary has a reason to believe may have an interest in the property to be included in the application for a confiscation order.
(3) Any person who claims an interest in the property to be included in the application of a confiscation order may appear and adduce evidence at the hearing of the application to amend.
(4) Where the Secretary applies to amend an application for a pecuniary penalty order against a defendant and the effect of the amendment would be to include an additional benefit in the application, the Secretary must give the defendant no less than 14 days written notice of the application to amend.
Source: PL 11-72 § 119.
Cross-reference: The statutory provisions on the Executive and the President are found in title 2 (Executive) of this code. The statutory provisions on the Judiciary and the FSM Supreme Court are found in title 4 (Judicial) of this code.
(1) Where an application is made to the Supreme Court for a confiscation order or a pecuniary penalty order in respect of a defendant's conviction of a serious offense, the Supreme Court may, in determining the application, have regard to the transcript of any proceedings against the defendant for the offense.
(2) Where an application is made for a confiscation order or a pecuniary penalty order to the Supreme Court before which the defendant was convicted, and the Supreme Court has not, when the application is made, passed sentence on the defendant for the offense, the Supreme Court may, if it is satisfied that it is reasonable to do so in all circumstances, defer passing sentence until it has determined the application for the order.
Source: PL 11-72 § 120.
Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.