ACT No. VIII of 2015 AN ACT to amend the Criminal Code, Cap. 9, and to provide for any other matters ancillary or consequential thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

17th March, 2015

ACT No. VIII of 2015

AN ACT to amend the Criminal Code, Cap. 9, and to provide for

any other matters ancillary or consequential thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Criminal Code

(Amendment) Act, 2015, and this Act shall be read and construed as

one with the Criminal Code, hereinafter referred to as "the Code".

(2) The provisions of this Act shall apply to any criminal

proceedings commenced after its coming into force and shall not in

any way affect the validity of any criminal proceedings which have

been concluded or which are pending at the said time of its coming

into force.

In sub-article (3) of article 23B of the Code, in the

definition of "proceeds" immediately after the words "from such

property" there shall be added the words "into or with which such

proceeds have been transformed, converted or intermingled and any

subsequent reinvestment or transformation of direct proceeds

Provided that property which has been transformed or

converted, fully or in part, into other property, and property which has

been intermingled with property acquired from legitimate sources, up

to the assessed value of the intermingled proceeds, shall be included

within this definition.".

Article 23C of the Code shall be amended as follows

(a)

in sub-article (1) thereof for the words "the court

based on specific facts is fully convinced that the property in

question has been derived from the criminal activity of that

person," there shall be substituted the words "the court can

reasonably presume that it is substantially more probable, that

the property in question has been obtained from the criminal

activity of that person rather than from other activities,";

(b) sub-article (3) thereof shall be renumbered as sub-

article (6) and immediately after sub-article (2) there shall be

added the following new sub-articles

"(3) Where a person has been charged or accused

of a relevant offence which is liable to give rise, directly or

indirectly, to an economic benefit, and proceedings cannot

continue due to the illness or absconding of the said

person, and the court based on specific facts is fully

convinced that such proceedings could have led to the

conviction of the person charged or accused had he

appeared in the proceedings or stood trial, it shall be lawful

for the court to order the confiscation of the

instrumentalities and proceeds of the said offence

For the purposes of this sub-article "illness"

shall mean the inability of the suspected or accused person

to attend the criminal proceedings for an extended period,

as a result of which the proceedings cannot continue under

normal conditions.

(4) Saving the provisions of sub-article (2) the

Court shall in addition to any other punishment, in its

sentence or at any time thereafter, order the forfeiture of all

proceeds or other property the value of which corresponds

to proceeds, which, directly or indirectly, were transferred

by a suspected or accused person to a third party, or which

were acquired by a third party from a suspected or accused

person, when the third party knew or ought to have known

that the purpose of the transfer or acquisition was to avoid

confiscation.

(5) Nothing shall preclude the detection and

tracing of property as provided for under this Code or any

other law, to be frozen and confiscated after a final

conviction for an offence or following proceedings in

terms of sub-article (3), and to ensure the effective

execution of a confiscation order, when such an order has

already been issued.".

The present article 54G of the Code shall be renumbered as

sub-article (1) thereof and immediately thereafter there shall be added

the following new sub-article

"(2) For the purposes of this article, the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).".

In sub-paragraph (ii) of paragraph (c) of sub-article (4) of

article 83A of the Code for the words "provided in sub-article (1),"

there shall be substituted the words "provided in sub-article (2),".

Article 83C of the Code shall be amended as follows

(a)

for the words "the legal person may be subject to:"

there shall be substituted the words "without prejudice to any

other punishment to which the body corporate may be liable

under any other provision of this Code or of any other law, the

said body corporate may be subject to:";

(b) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) the suspension or cancellation of any licence,

permit or other authority to engage in any trade, business

or other commercial activity;";

(c)

paragraph (d) thereof shall be substituted by the

following new paragraph

"(d) the compulsory winding up of the body

corporate;";

(d) paragraph (e) thereof shall be substituted by the

following new paragraph

"(e) the temporary or permanent closure of any

establishment which may have been used for the

commission of the offence:".

In paragraph (b) of article 121C of the Code immediately

after the words "or permanent resident in Malta" there shall be added

the words "within the meaning of article 5(1)(d)".

Article 121D of the Code shall be substituted by the

following new article

"121D. Where an offence under this title has been

committed by a person who at the time of the said offence is the

director, manager, secretary or other principal officer of a body

corporate or is a person having a power of representation of

such a body or having an authority to take decisions on behalf of

that body or having authority to exercise control within that

body and the said offence was committed for the benefit, in part

or in whole, of that body corporate, the said person shall for the

purposes of this title be deemed to be vested with the legal

representation of the same body corporate which shall be liable

to the payment of a fine (multa) of not less than twenty thousand

euro (€20,000) and not more than two million euro

(€2,000,000), which fine may be recovered as a civil debt and

the sentence of the Court shall constitute an executive title for

all intents and purposes of the Code of Organization and Civil

Procedure

Provided that where legal representation no longer

vests in the said person, for purposes of this article, legal

representation shall vest in the person occupying the office in

his stead or in such person as is referred to in this article.".

In sub-article (7) of article 208A of the Code, immediately Amendment of

after the words "simulated representations or realistic images of a article

the Code.

minor," there shall be added the words "or any material that visually

depicts any person appearing to be a child,".

Article 208B of the Code shall be amended as follows

Amendment of

article 208B of

the Code.

(a)

in sub-article (2) thereof, for the words " exercising

activities related to the supervision of children" there shall be

substituted the words "exercising at least professional activities

involving direct or regular contact with children";

(b) in sub-article (3) thereof, for the words "121D and

248E(4)" there shall be substituted the words "121D, 248E(4)

and 248E(6)";

(c)

immediately after sub-article (6) there shall be

added the following new sub-article

"(7) For the purposes of this article, the phrase

"permanent resident" shall have the same meaning assigned

to it by article 5(1)(d).".

In paragraph (a) of sub-article (3) of article 222A of the Amendment of

Code, for the words "language, ethnic origin," there shall be article

the Code.

substituted the words "language, national or ethnic origin,

citizenship,".

Article 248E of the Code shall be amended as follows

(a) in sub-article (3) thereof for the words "fine (multa)

of not less than eleven thousand and six hundred and forty-six

euro and eighty-seven cents (11,646.87) and not more than one

million and eight hundred and sixty-three thousand and four

hundred and ninety-eight euro and seventy-two cents

(1,863,498.72)." there shall be substituted the words "fine

(multa) of not less than twenty thousand euro (€20,000) and not

more than two million euro (€2,000,000), which fine may be

recovered as a civil debt and the sentence of the Court shall

constitute an executive title for all intents and purposes of the

Code of Organization and Civil Procedure.";

(b)

sub-article (4A) thereof shall be amended as

follows

(i) sub-paragraph (ii) thereof shall be substituted

by the following new sub-paragraph

"(ii) the suspension or cancellation of any

licence, permit or other authority to engage in any

trade, business or other commercial activity;";

(ii) sub-paragraphs (iv) and (v) thereof shall be

substituted by the following new sub-paragraphs

"(iv) the compulsory winding up of the body

corporate;

(v) the temporary or permanent closure of any

establishment which may have been used for the

commission of the offence.";

(c)

immediately after sub-article (9) thereof there shall

be added the following new sub-article

"(10) For the purposes of this article the phrase

"permanent resident" shall have the same meaning

assigned to it by article 5(1)(d).".

Article 251AA of the Code shall be amended as follows

(a)

paragraph (b) of sub-article (2) thereof shall be

substituted by the following new paragraph

"(b) it constitutes any of the acts mentioned in

sub-article (3), and";

(b) sub-article (3) thereof shall be substituted by the

following new sub-article

"(3) The following acts shall be deemed to be acts

of stalking:".

In article 251I of the Code immediately after sub-article Amendment of

article 251I of

(3) there shall be added the following new sub-article

the Code.

"(4) For the purposes of this article the phrase

"permanent resident" shall have the same meaning assigned to it

by article 5(1)(d).".

In sub-article (4) of article 257F of the Code immediately Amendment of

after the definition "dependent adult" there shall be added the article

the Code.

following new definition: " "permanent resident" shall have the same

meaning assigned to it by article 5(1)(d);".

Article 314CD of the Code shall be renumbered as sub- Amendment of

article (1) thereof and immediately thereafter there shall be added the article

of the Code.

following new sub-article

"(2) For the purposes of this article the phrase

"permanent resident" shall have the same meaning assigned to it

by article 5(1)(d).".

In the second proviso to article 328 of the Code for the Amendment of

words "shall not be considered to constitute desertion of the article

the Code

proceedings or the withdrawal of the complaint" there shall be

substituted the words "shall in no way affect the lawfulness of the

procedures nor be considered to constitute the withdrawal of the

complaint".

In sub-article (3) of article 328A of the Code, for the words Amendment of

"from five years to life" there shall be substituted the words "from article

the Code.

seven years to life".

Article 328C of the Code shall be amended as follows

Amendment of

article 328C of

the Code.

(a)

for the words "an act of terrorism" wherever they

occur there shall be substituted the words "terrorist activities";

(b) in paragraph (b) of sub-article (2) thereof as

amended, immediately after the words "terrorist activities" there

shall be added the words "or to travel for purposes mentioned in

paragraph (d)";

(c)

in paragraph (c) of sub-article (2) thereof as

amended, for the words "terrorist activities," there shall be

substituted the words "terrorist activities;" and immediately

thereafter there shall be added the following new paragraphs

"(d) travels or attempts to travel for the purpose of

the perpetration, planning, or preparation of, or

participation in, terrorist activities, or the providing or

receiving of training in terrorist activities;

(e) finances, organizes or in any other manner

facilitates travel for the purposes mentioned in paragraph

(d);

(f) produces, distributes, disseminates, imports,

exports, offers, sells, supplies, transmits, makes available,

procures for oneself or for another, or shows a publication

likely to encourage or induce the commission of terrorist

activities or to be useful in the commission of such

activities,";

(d)

sub-article (3) thereof shall be substituted as

follows

"(3) Whosoever -

(a) organizes or directs others to commit an

offence under sub-article (2); or

(b) in any other way knowingly contributes to

the commission of one or more of the offences under

sub-article (2), by a group of persons acting with a

common purpose when such contribution is made

with the aim of furthering the general criminal

activity or purpose of the group or in the knowledge

of the intention of the group to commit the offence or

offences concerned,

shall be liable to the punishment of imprisonment of

four to thirty years.";

(e)

the Maltese version of sub-article (4) thereof shall

be substituted by the following

"(4) Biex isir reat taħt dan l-artikolu, mhux

meħtieġ li attivitajiet terroristiċi jkunu fil-fatt saru.".

In paragraph (b) of article 328M of the Code immediately

after the words "permanent resident" there shall be added the words

"within the meaning of article 5(1)(d)".

Immediately after sub-article (2) of article 328O of the Amendment of

article 328O of

Code there shall be added the following new sub-article

the Code.

"(3) For the purposes of this article, the phrase

"permanent resident" shall have the same meaning assigned to it

by article 5(1)(d).".

In paragraph (b) of sub-article (2) of article 337A of the Amendment of

Code immediately after the words "permanent resident in Malta" article

the Code.

there shall be added the words "within the meaning of article 5(1)(d)".

Sub-article (1) of article 337B of the Code shall be Amendment of

article 337B of

amended as follows

the Code.

(a) in the definition "computer data", for the words

"processing in a computer system", there shall be substituted

the words "processing in an information system or in a

computer system";

(b) immediately after the definition "function" there

shall be added the following new definition

" "information system" means a device or group of

inter-connected or related devices, one or more of which,

pursuant to a programme, automatically processes

computer data, as well as computer data stored, processed,

retrieved or transmitted by that device or group of devices

for the purposes of its or their operation, use, protection

and maintenance;".

Sub-article (1) of article 337C of the Code shall be Amendment of

article 337C of

amended as follows

the Code.

(a) immediately after paragraph (e) thereof there shall

be added the following new paragraph

"(ee) hinders or interrupts the functioning of an

information system by inputting computer data, by

transmitting, damaging, deleting, deteriorating, altering or

suppressing such data, or by rendering such data

inaccessible;";

(b) in paragraph (g) thereof immediately after the words

"supporting documentation" there shall be added the words "or

renders such data inaccessible";

(c)

in paragraph (i) thereof immediately after the word

"computer" there shall be added the following "or in any

manner infringes any security measure to gain access without

authorization to the whole or to any part of an information

system";

(d) in paragraph (k) thereof for the words "from or

within a computer system, including electromagnetic emissions

from a computer system carrying such computer data;" there

shall be substituted the words "from or within an information

system or a computer system, including electromagnetic

emissions from an information system or a computer system

carrying such computer data;";

(e)

in paragraph (l) thereof immediately after the words

"(a) to (j)" there shall be added the following "or a computer

password, access code, or similar data by which the whole or

any part of an information system is capable of being accessed".

Article 337F of the Code shall be amended as follows

(a)

sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) The penalty shall be increased to a fine

(multa) of not less than five hundred euro (€500) and not

exceeding one hundred and fifty thousand euro (€150,000)

or to imprisonment for a term from twelve months to ten

years, or to both such fine and imprisonment in each of the

following cases where the offence

(a) constitutes an act which is in any way

detrimental to any function or activity of

Government, or hampers, impairs or interrupts in any

manner whatsoever the provision of any public

service or utility, whether or not such service or

utility is provided or operated by any Government

entity;

(b) causes serious damage;

(c) is committed against a critical infrastructure

facility information system;

(d) is committed within the framework of a

criminal organisation within the meaning of Council

Framework Decision 2008/841JHA of 24 October

2008 on the fight against organised crime;

(e) is committed through the misuse of personal

data of another person, with the aim of gaining the

trust of a third party, thereby causing prejudice to the

rightful identity owner

Provided that where a person is found guilty

of an offence against this sub-article for a second or

subsequent time, the minimum of the penalty for

such an offence shall not be less than five thousand

euro (€5,000)

Provided further that in this article

"infrastructure facility" shall have the same meaning

assigned to it by article 314A(4).";

(b) in sub-article (5) thereof, immediately after the

words "in any way" there shall be added the word "incites,".

In sub-article (1) of article 337H of the Code for the words Amendment of

"208B(5) and 248E(4)" there shall be substituted the words "208B(5), article

the Code.

248E(4) and 248E(4A)".

Article 370 of the Code shall be amended as follows

Amendment of

article 370 of

the Code.

(a)

in paragraph (b) of sub-article (1) thereof for the

words "not exceeding six months" there shall be substituted the

words "not exceeding two years";

(b) in paragraph (a) of sub-article (3) thereof for the

words "exceeding six months but not exceeding ten years" there

shall be substituted the words "exceeding two years but not

exceeding twelve years";

(c)

in paragraph (a) of sub-article (4) thereof for the

words "exceeding six months but not exceeding four years"

there shall be substituted the words "exceeding two years but

not exceeding six years".

Article 392A of the Code shall be amended as follows

Amendment of

article 392A of

the Code

(a)

in sub-article (1) thereof, for the words "ten years"

there shall be substituted the words "twelve years";

(b) sub-articles (6) and (7) thereof shall be renumbered

as sub-articles (7) and (8);

(c)

immediately after sub-article (5) thereof there shall

be added the following new sub-article

"(6) In pronouncing judgement the court shall not

take into consideration any agreement on the sentence to

be awarded which is not made in accordance with sub-

article (5).".

Article 392B of the Code shall be amended as follows

(a)

in sub-article (1) thereof, for the words "ten years"

there shall be substituted the words "twelve years";

(b) in sub-article (2) thereof, for the words "shall

declare that the indictment presented" there shall be substituted

the words "shall declare that the charge presented".

In sub-article (1) of article 435AA of the Code for the

words "period the banking operations" there shall be substituted the

words "period the transactions or banking operations".

In sub-article (1) of article 435BA of the Code for the

words "monitoring the banking operations" there shall be substituted

the words "monitoring the transactions or banking operations".

In sub-article (1) of article 435D of the Code for the words

"convicted of a relevant offence" there shall be substituted the words

"described in the order".

In sub-article (3) of article 500 of the Code, for the words

"On any appeal against all acquittal, whether in respect of the whole

or part of the indictment, the Court of Criminal Appeal shall allow an

appeal by the Attorney General if it considers that there has been an

irregularity during the proceedings, or a wrong interpretation or

application of the law," there shall be substituted the words "The

Court of Criminal Appeal shall allow an appeal by the Attorney

General if it considers that there has been a grave irregularity during the

proceedings, or that the judgement is clearly the result of a manifest

misinterpretation or of a manifestly wrong application of the law,".

In paragraph (b) of sub-article (1) of article 520 of the

Code for the words "articles 98" there shall be substituted the words

"articles 97".

In the proviso to article 534A of the Code for the words

"extradition proceedings." there shall be substituted the words

"extradition proceedings:" and immediately thereafter there shall be

added the following new proviso

"Provided further that the provisions of this Title shall also

apply to a person other than a suspect or an accused person who,

in the course of questioning by the police or by another law

enforcement authority, becomes a suspect or an accused

person.".

Sub-article (2) of article 579 of the Code shall be amended Amendment of

article 579 of

the Code.

(a)

for the words "not exceeding six months," there

shall be substituted the words "from four months to two years,";

(b) for the words "may be" there shall be substituted the

words "shall be".

In article 647A of the Code, immediately after the words "a Amendment of

witness as aforesaid" there shall be added the words "or a witness article

the Code.

residing outside Malta".

In sub-article (4) of article 675 of the Code, for the words Amendment of

article 675 of

"article 18" there shall be substituted the words "article 23".

the Code.

Immediately after article 699 of the Code, there shall be Addition of new

article to the

added the following new article

Code.

700. (1) The Minister may, by regulations,

provide for the setting up of an Office to be known as

the Asset Recovery Bureau, to provide for its

structure, powers, distribution of duties, liability for

damages, administrative and operational procedures

including internal proceedings, the legal and judicial

representation of the Office, its funding and anything

ancillary or incidental thereto.

(2) The Office, shall be a body corporate

having a distinct legal personality and may also be

established as a Government Agency. The Office shall

be capable of entering into contracts, of concluding

memoranda of understanding or other agreements with

any foreign body, authority or agency, of acquiring,

holding and disposing of any kind of property for the

purposes of its functions, of suing and being sued, and

of doing all such things and entering into all such

transactions as are incidental or conducive to the

exercise or performance of its functions under this Act

including the borrowing of money.

(3) The Minister may by regulations further

provide for the functions and powers of the Office

which shall be responsible for the tracing,

identification, freezing, confiscation and management

of assets and property related, directly and indirectly,

to criminal activity with a view to combating crime

and for this purpose may authorise the Office to

exercise any such powers as may be exercised by the

Commissioner of Police, by the Commissioner for

Revenue or any other public authority established by

law.

(4) The Minister may by virtue of the said

regulations direct that this Code or any other law shall

have effect in relation to the functions, powers and

operations of the Office and its officers and staff

subject to such conditions, exceptions, adaptations or

modifications as may be specified in the said

regulations.

(5) Without prejudice to the generality of the

foregoing the Minister may make regulations for

anything incidental, consequential or ancillary to the

matters provided in this article.

(6) For purposes of this article

"Commissioner of Police" shall have the

meaning assigned to it under the Police Act;

"Commissioner for Revenue" shall have the

meaning assigned to it under the Commissioner for

Revenue Act.".

Article 120A of the Medical and Kindred Professions

Ordinance shall be amended as follows

(a) in paragraph (b) of sub-article (2E) thereof for the

words "conclusion of the inquiry demand," there shall be

substituted the words "conclusion of the inquiry or within seven

days from the date on which the accused is served with the bill

of indictment, demand";

(b) in the second proviso to paragraph (b) of sub-article

(2E) thereof for the words "within one month from the said

date." there shall be substituted the words "by not later than the

30th April 2015:" and immediately after the said second proviso

thereof there shall be added the following new paragraph

"For the purposes of this sub-article the words "the

conclusion of the inquiry" include any conclusion of an inquiry

referred to in article 407 of the Criminal Code.";

(c) immediately after sub-article (2F) thereof there shall

be added the following new sub-article

"(2G) Where it is established that an offence under

this Ordinance was committed by an officer of a body

corporate as is referred to in article 121D of the Criminal

Code or by a person having a power of representation or

having such authority as is referred to in that article and the

offence was committed for the benefit, in part or in whole,

of that body corporate, the said person shall for the

purposes of this Ordinance be deemed to be vested with the

legal representation of the same body corporate which

shall be liable to a fine (multa) not exceeding two million

and five hundred thousand euro (€2,500,000)

Provided that where legal representation no

longer vests in the said person, for purposes of this article,

legal representation shall vest in the person occupying the

office in his stead or in such person as is referred to in that

article.".

(1)

The Dangerous Drugs Ordinance shall be amended Consequential

amendments to

as follows

the Dangerous

Drugs

Ordinance.

(a)

in paragraph (b) of sub-article (2A) of article 22

thereof for the words "conclusion of the inquiry," there shall be

substituted the words "conclusion of the inquiry or within seven

days from the date on which the accused is served with the bill

of indictment,"; and in the second proviso thereof for the words

"within one month from the said date." there shall be substituted

the words "by not later than the 30th April 2015:" and

immediately after the said second proviso there shall be added

the following new paragraph

"For the purposes of this sub-article the words "the

conclusion of the inquiry" include any conclusion of an

inquiry referred to in article 407 of the Criminal Code.";

(b) immediately after sub-article (2B) of article 22

thereof there shall be added the following new sub-article

"(2C) Where it is established that an offence under

this Ordinance was committed by an officer of a body

corporate as is referred to in article 121D of the Criminal

Code or by a person having a power of representation or

having such authority as is referred to in that article and the

offence was committed for the benefit, in part or in whole,

of that body corporate, the said person shall for the

purposes of this Ordinance be deemed to be vested with the

legal representation of the same body corporate which

shall be liable to a fine (multa) not exceeding two million

and five hundred thousand euro (€2,500,000)

Provided that where legal representation no

longer vests in the said person, for purposes of this article,

legal representation shall vest in the person occupying the

office in his stead or in such person as is referred to in that

article.";

(c)

in article 27 thereof for the words "twenty days"

wherever they occur, there shall be substituted the words "thirty

days".

In sub-article (3) of article 3 of the Permanent Commission

Against Corruption Act the words "sub-article (2)." shall be

substituted by the words "sub-article (2):" and immediately thereafter

there shall be added the following proviso

"Provided that where more than ten years have elapsed since

a person was a Minister, a Parliamentary Secretary, a Member of

the House of Representatives, a member of a local government

authority or a public officer he shall not be considered to be

subject to the exclusion from being a member of the Commission

provided for in this sub-article if after having relinquished any

such office he shall have served as a Judge or as a Magistrate for

a period of at least five years.".

(1) The Prevention of Money Laundering Act shall be

amended as follows

(a) in sub-article (1) of article 3 thereof for the words

"not exceeding two million and three hundred and twenty-nine

thousand and three hundred and seventy-three euro and forty

cents (2,329,373.40), or to imprisonment for a period not

exceeding fourteen years," there shall be substituted the words

"not exceeding two million and five hundred thousand euro

(€2,500,000), or to imprisonment for a period not exceeding

eighteen years,";

(b) in sub-article (2A)(a)(i) of article 3 thereof, for the

words "not less than three years but not exceeding fourteen

years, or to a fine (multa) of not less than twenty-three thousand

two hundred and ninety-three euro and seventy-three cents

(23,293.73) but not exceeding two million three hundred and

twenty-nine thousand three hundred and seventy-three euro and

forty cents (2,329,373.40)," there shall be substituted the words

"not less than four years but not exceeding eighteen years, or to

a fine (multa) of not less than fifty thousand euro (€50,000) but

not exceeding two million and five hundred thousand euro

(€2,500,000),";

(c)

in sub-article (2A)(a)(ii) of article 3 of thereof, for

the words "not less than six months but not exceeding nine

years, or to a fine (multa) of not less than two thousand three

hundred and twenty-nine euro and thirty-seven cents (2,329.37)

but not exceeding one hundred and sixteen thousand four

hundred and sixty-eight euro and sixty-seven cents

(116,468.67)," there shall be substituted the words "not less than

twelve months but not exceeding nine years, or to a fine (multa)

of not less than twenty thousand euro (€20,000) but not

exceeding two hundred and fifty thousand euro (€250,000),";

(d) in sub-article (2A)(a)(ii)(ii) of article 3 thereof, for

the words "the inquiry, demand" there shall be substituted the

words "inquiry or within seven days from the date on which the

accused is served with the bill of indictment, demand,";

(e)

sub-article (4) of article 3 thereof shall be

substituted by the following new sub-article

"(4) Where it is established that an offence of

money laundering under this Act was committed by an

officer of a body corporate as is referred to in article 121D

of the Criminal Code or by a person having a power of

representation or having such authority as is referred to in

that article and the offence was committed for the benefit,

in part or in whole, of that body corporate, the said person

shall for the purposes of this Act be deemed to be vested

with the legal representation of the same body corporate

which shall be liable to the punishment laid down in sub-

article (1)

Provided that where legal representation no

longer vests in the said person, for purposes of this article,

legal representation shall vest in the person occupying the

office in his stead or in such person as is referred to in that

article.".

(f)

article 11 thereof shall be amended as follows

(a)

in sub-article (1) thereof for the words

"convicted of a relevant offence" there shall be substituted

the words "described in the order";

(b)

sub-article (3) thereof shall be deleted.

Passed by the House of Representatives at Sitting No. 248 of the

10th March, 2015.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€1.62