ACT No. VII of 2024 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

GEORGE VELLA

President

23rd February, 2024

ACT No. VII of 2024

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. 3) Act, 2024 and this Act shall be read and construed as one with

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

In the second proviso to article 518 of the Code the words "the

requesting authority." shall be substituted by the words "the requesting

authority:" and immediately after there shall be added the following

new proviso

"Provided further that the European Delegated

Prosecutors appointed in accordance with 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") shall have

access to the acts and documents of the courts of criminal justice

and to any procès-verbal and to any depositions and documents

filed therewith, when these relate to matters which fall within the

competence of the European Public Prosecutor’s Office in

accordance with the said Regulation.".

Immediately after article 628H of the Code there shall be Addition of new

added the following new articles

" Magistrate to

628I. (1) In every case where an inquest is to be held

in accordance with the provisions of Title II of Part II of

Book Second on a matter which the European Public

Prosecutors of

Prosecutor ’s Office is competent to investigate in

accordance with Council Regulation (EU) 2017/1939 of

12 October 2017 implementing enhanced cooperation on

the establishment of the European Public Prosecutor’s

Office ("the EPPO"), the Magistrate conducting the

inquest shall, unless the inquest is not going to be held

following a report, information or complaint by the

European Delegated Prosecutors, transmit the report,

information or complaint on the basis of which the

inquest is going to be held to the European Delegated

Prosecutors within three (3) working days from the

decision to hold the inquest.

(2) In the case of inquests commenced before the

coming into force of this article to which sub-article (1)

would have applied had it been in force at the time when

the decision to hold the inquest was taken, the Magistrate

conducting the said inquest shall inform the European

Delegated Prosecutors of the inquest as provided in sub-

article (1) as soon as practicable but by not later than

sixty (60) days after the coming into force of this article.

628J. For the purposes of Article 25(6) of Council

Regulation (EU) 2017/1939 o f 12 October 2017

implementing enhanced cooperation on the establishment

of the European Public Prosecutor’s Office ("the EPPO"),

the Criminal Court shall be competent to decide upon any

disagreement between the European Public Prosecutor’s

Office and the Commissioner of Police on any question

as to whether the criminal conduct falls within the scope

of Article 22(2) or (3) or of Article 25(2) or (3) of the

said Council Regulation (EU) 2017/1939, and on any

question as to the determination of the authority by which

the case is to be investigated.".

Passed by the House of Representatives at Sitting No. 207 of the

19th February, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.36