ACT No. X of 2021 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

GEORGE VELLA

President

18th March, 2021

ACT No. X of 2021

AN ACT to further amend the Criminal Code, Cap. 9.

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:-

The short title of this Act is the Criminal Code (Amendment Short title.

No. 4) Act, 2021 and this Act shall be read and construed as one with

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

In Book Second Part II of the Arrangement of Code, Amendment to

immediately after the words "Title VIII of Mutual Assistance in Arrangement

Code.

Criminal Matters 628A - 628B" there shall be added the words "Title

IX Of Cooperation between the National Authorities and the Office of

the European Public Prosecutor 628C - 628G".

Immediately after Title VIII of Part II of Book Second of the Addition of new

Title to the Code.

Code there shall be added the following new Title

"Title IX

Of Cooperation between the National Authorities and

the Office of the European Public Prosecutor

628C. (1) The measures in this Title implement

Scope and

applicability.

the provisions of Council Regulation (EU) 2017/1939

of 12 October 2017 implementing enhanced

cooperation on the establishment of the European

Public Prosecutor’s Office ("the EPPO").

(2) This Title establishes rules concerning the

cooperation between the national authorities and the

E u r o p e a n P u b l i c P r o s e c u t o r ’s O ff i c e i n t h e

performance of the functions of the European Public

Prosecutor’s Office on the territory of Malta in

relation to the crimes within the jurisdiction of the

European Public Prosecutor’s Office.

628D. (1) The European Delegated Prosecutors

prosecutorial functions

shall,

whenever exercising the powers to investigate

Delegated Prosecutors. offences in accordance with Council Regulation (EU)

2017/1939, instruct the Police or any other law

enforcement agency to conduct an investigation

relative to offences falling within the competence of

the European Public Prosecutor’s Office.

(2) The European Delegated Prosecutors shall,

when prosecuting offences, have the same powers as

the Attorney General and the Executive Police.

(3) The European Delegated Prosecutors shall

prosecute in the name of the Republic of Malta.

628E. The European Delegated Prosecutors may

order the following investigative measures

(a) request the assistance of the Police

to search any premises, land, means of

transport, private home, clothes and any other

personal property or computer system and to

take measures necessary to preserve the

integrity or to avoid the loss or contamination

of evidence;

(b) request the assistance of the Police

to obtain the production of any relevant object

or document either in its original form or in

some other specified form;

(c) request the assistance of the Police

to obtain the production of stored computer

data, encrypted or decrypted, either in their

original form or in some other specified form,

including banking account data and traffic data

in compliance with the Data Protection Act;

(d) request the courts to issue

monitoring orders, investigation orders,

attachment orders and freezing orders where

there is reason to believe that the owner,

possessor or controller of the proceeds will seek

to frustrate the judgment ordering confiscation;

(e) request the competent authority to

intercept electronic communications to and

from the suspect or accused person, over any

electronic communication means that the

suspect or accused person is using relative to

the offences established in articles 190C, 190E

and 190G; and

(f) request the Police to track and trace

an object by technical means including the

conduct of a controlled delivery relative to

offences established in articles 190C, 190E and

190G. 628F The European Delegated Prosecutor may

request the Police to arrest or retain in pre-trial

detention the suspect or accused person.

628G. The powers referred to in articles 628D,

628E and 628F may be exercised by the European

Prosecutor in exceptional cases as referred to in

Article 28(4) of Council Regulation (EU) 2017/1939.

628H. The Police shall act as competent national

authority to

(a) receive

the

information

in

accordance with Article 24(8) of Council

Regulation (EU) 2017/1939;

(b) be consulted in accordance with

Article 25(2) and (3) of Council Regulation

(EU) 2017/ 1939; and

(c)

give consent in accordance with

Article 25(4) of Council Regulation (EU) 2017/

1939.".

Passed by the House of Representatives at Sitting No. 440 of the

15th March, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.54