ACT No. XIX of 2023 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

GEORGE VELLA

President

9th June, 2023

ACT No. XIX of 2023

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

No. 2) Act, 2023 and this Act shall be read and construed as one with

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

Immediately after sub-article (3) of article 546 of the Code

there shall be added the following new sub-article

"(3A) (a) Where the offence that shall be

investigated includes in its principal factual elements

matters relating to occupational health and safety such as

in the case of involuntary homicide or involuntary bodily

harm arising out of a fact which happened at a work place

and which are such that entitle the Occupational Health

and Safety Authority to carry out an investigation in

accordance with paragraph (f) of sub-article (2) of article

9 of the Occupational Health and Safety Authority Act,

the Magistrate shall as soon as practicable notify the

Authority of the inquest and shall allow the said

Authority to participate by delegating not more than two

(2) of its officers so as to be present during the inquest on

the spot and during the hearing of witnesses if and as may

be decided by the Magistrate, and, or following the inquest

on the spot by the Magistrate to accede on site as may be

necessary after informing the Magistrate. If so requested

by the Magistrate, the officers shall file a report for the

consideration of the Magistrate which shall form part of the

procès-verbal of the inquest.

(b) Any officer of the Occupational Health and Safety

Authority who participates in the inquest in accordance

with paragraph (a) shall abide only with the directions of

the Magistrate with regard to the execution of his functions

in the inquest and shall be bound by the duty of

confidentiality in the same manner as the persons who

assist the Magistrate in the inquest are so bound.

(c) In this sub-article

"Occupational Health and Safety Authority"

or "Authority" means the Occupational Health and

Safety Authority established by article 8 of the

Occupational Health and Safety Authority Act; and

"work place" and "officer" mean the same as

the definitions assigned to them in the Occupational

Health and Safety Authority Act.".

(1) In article 699A of the Code immediately after the words Amendment of

"instead of by physical transfer" there shall be added the words "or article

when it is made by physical transfer instead of by electronic means".

(2) The provision of article 699A of the Code, as amended, shall be Transitory

deemed to have come into force on the 28th February 2023 and the said provision

article shall apply to all proceedings before courts of criminal judicature.

Passed by the House of Representatives at Sitting No. 130 of the 5th

June, 2023.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36