PERMANENT COMMISSION AGAINST CORRUPTION ACT

PERMANENT COMMISSION AGAINST CORRUPTION

CHAPTER 326

PERMANENT COMMISSION AGAINST

CORRUPTION ACT

To make provision for the establishment and functions of a permanent

commission against corruption, and for purposes connected therewith.

4th October, 1988

ACT XXII of 1988 , as amended by Acts XXIV of 1995 and III of

2002 ; Legal Notice 424 of 2007 ; and Acts VIII of 2015 and XLVI of

2020.

The short title of this Act is the Permanent Commission

Against Corruption Act.

[Article 14]

A. Form of oath to be taken by Chairman or member of

Commission or person assisting Commission.

I, .......................... having been appointed to be Chairman of/

member of/person assisting the Permanent Commission Against

Corruption do swear/solemnly affirm that I will faithfully, fully,

impartially and to the best of my ability discharge the trust and

perform the duties devolving upon me by virtue of the said

appointment.

So help me God.

[Article 10]

B. Summons to Witnesses

(The Permanent Commission Against Corruption Act)

To A.B. (name of person summoned and residence)

You are hereby summoned to appear before

at

(place) on

(date and time)

and to give evidence respecting

(the matter of

the inquiry).

Given under my hand this

day of

(Signature of Chairman

or other member)

In this Act, unless the context otherwise requires -

"Commission" means the Permanent Commission Against

Corruption established under article 3;

"corrupt practice" has the meaning assigned to it in article 6;

"public officer" means the holder of any public office or a person

appointed to act in any such office, and includes not only the

constituted authorities, civil and military, but also all such persons

as are lawfully appointed to administer any part of the executive

power of the Government, or to perform any other public service

imposed by law, whether it be judicial, administrative or mixed;

members of the House of Representatives; any person who is

entrusted with or has functions relating to the administration of a

statutory body having a distinct legal personality, any council,

Board, panel, committee or other similar body established by any

law, or who is employed with such a body; and includes, in relation

to any act or omission during the tenure of such post, any person

who, within a period of twelve years before or at any time after the

coming into force of this Act, was a public officer;

"statutory body" means any corporation or other body corporate

established by law.

(1) There shall be a Commission, to be known as the

Permanent Commission Against Corruption, which shall consist of

a Chairman and two other members. The members of the

Commission shall be appointed by the President of Malta who, in

appointing the Chairman shall act with a Resolution of the House

supported by the votes of not less than two-thirds of all the

members of the House, in appointing one of the two other members

shall act in accordance with the advice of the Prime Minister and in

appointing the other member shall act in accordance with the

advice of the Leader of the Opposition

Provided that notwithstanding the provisions of article 3(4)(a), if

the Resolution is not supported by the votes of not less than two-thirds

of all the members of the House, the person occupying the office of

Chairman shall, in any circumstance, remain in office until the

PERMANENT COMMISSION AGAINST CORRUPTION

Resolution is supported by the votes of not less than two-thirds of all the

members of the House.

(2)

The Chairman of the Commission shall be a person who -

(a) holds, or has held, the office of a judge in Malta; or

(b) holds, or has held, the office of a magistrate in Malta,

and has held that office and practised as an advocate in

Malta for a period of not less than twelve years in the

aggregate; or

(c) has practised as an advocate in Malta for a period of

not less than twelve years.

(3) A person shall not be qualified to hold office as a member

of the Commission if he is, or was, a Minister, Parliamentary

Secretary, a member of the House of Representatives, a member of

a local government authority, or if he is a public officer other than a

public officer who is qualified to be appointed chairman of the

Commission under subarticle (2)

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.

(4) Subject to the provisions of this article, the office of a

member of the Commission shall become vacant -

(a) at the expiration of five years from the date of his

appointment; or

(b) if any circumstances arise that, if he were not a

member of the Commission, would cause him to be

disqualified for appointment as such.

(5) A member of the Commission may be removed from office

by the President of Malta, acting in accordance with the advice of the

Cabinet of Ministers, but such member may be removed only for

inability to discharge the functions of his office (whether arising

from infirmity of mind or of body or any other cause) or for

misbehaviour.

(6) If the office of a member of the Commission is vacant or if

a member is for any reason unable to perform the functions of his

office, the President of Malta acting in accordance with the advice of

the Cabinet of Ministers, given after he has consulted the Leader of

the Opposition, shall appoint a person who is qualified to be

appointed to be a member to be a temporary member of the

Commission, and any person so appointed shall, subject to the

provisions of subarticles (4) and (5), cease to be such a member

when a person has been appointed to fill the vacancy or, as the case

may be, when the member who was unable to perform the functions

of his office resumes those functions.

(7)

Any member of the Commission may be challenged or shall

PERMANENT COMMISSION AGAINST CORRUPTION

abstain in the same circumstances as a judge of the superior courts;

and in any such case for that member there shall be substituted a

person qualified in accordance with this article, as a member of the

Commission appointed by the President of Malta acting in accordance

with the advice of the Cabinet of Ministers, given after consulting the

Leader of the Opposition, for the particular case or cases in respect

of which the member has been challenged or has abstained.

(8) In the exercise of its functions the Commission shall not be

subject to the direction or control of any other person or authority.

The functions of the Commission shall be

(a) to consider alleged or suspected corrupt practices

committed by or with the participation of any person

mentioned in paragraphs (b) and (c) and, where the

Commission determines that there are sufficient

grounds for holding an investigation, to investigate

any such allegation or suspicion and to make a report

thereon in accordance with article 11;

(b) to investigate the conduct of any public officer,

including any Minister or Parliamentary Secretary,

which in the opinion of the Commission may be

corrupt or may be connected with or may be conducive

to corrupt practices and to report thereon in

accordance with article 11;

(c) to investigate the conduct of any person who is or has

been entrusted with, or has or has had functions

relating to the administration of a partnership or other

body in which the Government of Malta, or any one or

more of any other authority of the Government, a local

government authority, a statutory body, or a

partnership as aforesaid or any combination thereof,

has a controlling interest or over which it has effective

control, where such conduct, in the opinion of the

Commission may be corrupt or connected with or

conducive to corrupt practices, and to report thereon in

accordance with article 11;

(d) to examine the practices and procedures of

government

departments,

local

government

authorities, statutory bodies or other bodies referred to

in paragraph (c) in order to facilitate the discovery of

any corrupt practices and to recommend the revision of

methods of work or procedures which may be

conducive to corrupt practices, and to report thereon in

accordance with article 11; and

(e) to instruct, advise and assist any person, on his

request, on ways in which corrupt practices may be

eliminated, provided that such request may only be

made by a person who has ministerial responsibility or

who is entrusted with, or has functions relating to, the

administration of a government department, local

government authority, statutory body or other body

PERMANENT COMMISSION AGAINST CORRUPTION

referred to in paragraph (c).

Except where the Commission acts on its own initiative in

holding an investigation under this Act, such investigation may be

held on the allegation made and subscribed on oath by any person.

(1) The following shall be corrupt practices under this Act

(a) the acts or omissions which constitute the offences

under articles 112 to 118, 120, 121, 121A, 121B when

committed by or with the participation of any person

mentioned in article 4(b) and (c) of this Act, 124 to

126, and 138 of the Criminal Code;

(b) the acts or omissions which constitute an attempt to

commit any of the aforesaid offences or which

constitute complicity in any of those offences under

articles 41 and 42 of the Criminal Code; and

(c) conspiracy to commit any acts or omissions which

constitute any of the aforesaid offences. A conspiracy

shall subsist from the moment in which any mode of

action whatsoever is planned or agreed upon between

two or more persons.

(2) The provisions of subarticle (1) shall apply to and in

connection with every person mentioned in article 4(c), in the same

way as they apply to and in connection with public officers.

(1) Where during an investigation by the Commission of

an alleged or suspected corrupt practice, an act or omission, other

than the corrupt practice being investigated, is disclosed, the

Commission may investigate that act or omission if in its opinion

such act or omission is connected with that corrupt practice.

(2) For the purpose of subarticle (1), there is such connection

when -

(a) an act or omission has served as a means for the

commission of the corrupt practice; or

(b) the proof of an act or omission or of a circumstance

thereof has a bearing on the proof of the corrupt

practice or of a circumstance thereof.

The Commission may request the assistance of the Police

in the conduct of investigations into alleged or suspected corrupt

practices under this Act and the Police shall give the assistance

requested but in giving that assistance the Police shall only have

and exercise such powers as the Police are authorised to exercise

under the Criminal Code or any other law.

(1) Where on the evidence collected in an investigation the

Commission has reason to believe that a person may have

committed a corrupt practice under this Act, such person shall be

afforded the opportunity to be heard, on oath, by the Commission

in respect of that corrupt practice. During the hearing before the

Commission, such person may be assisted by an advocate or legal

procurator.

PERMANENT COMMISSION AGAINST CORRUPTION

(2) Every such investigation shall be conducted in conformity

with the principles of natural justice and in such manner as the

Commission deems necessary for the discovery of the truth, but

except as aforesaid the procedure for conducting an investigation

shall be such as the Commission considers appropriate in the

circumstances of the case. The investigation shall be conducted in

private.

(3) Without prejudice to the generality of subarticle (2), the

Commission may obtain information from such persons and in such

manner, and make such inquiries as it thinks fit, and for this

purpose may require any officer of the authority, department or

body concerned to furnish information or produce any documents

relevant to the investigation notwithstanding the provisions of

article 637(3) to (6) of the Code of Organization and Civil

Procedure.

(1) The Commission shall have power, exercisable

through its Chairman -

(a) to summon witnesses who shall be heard on oath;

(b) to administer an oath to any witness and to any person

concerned in the inquiry, and require them to give

evidence.

(2) Summonses for attendance of witnesses may be in the form

set out in the Schedule to this Act or in such other form as may be

appropriate to the case, and shall be signed by the Chairman or

Secretary of the Commission.

(3) A summons may be served either by hand or by post. Where

it is served by hand it shall be sufficient to prove service by

evidence that the summons was left with a person over the age of

16 years at the place of residence or of business of the person

summoned; and if served by post it shall be sufficient to prove

service by evidence that the summons was properly addressed and

posted.

(4) Any witness may be assisted by an advocate or a legal

procurator.

(5) Any person summoned as aforesaid who refuses, or without

sufficient cause fails, to attend at the time and place mentioned in

the summons, or refuses, without sufficient cause, to answer or to

answer fully and satisfactorily, to the best of his knowledge and

belief, all questions put to him by or with the concurrence of the

Commission, or refuses or fails, without sufficient cause, to

produce any document he was required to produce by or with the

concurrence of the Commission shall be liable, on conviction, to a

fine (multa) not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment

not exceeding three months, or to both such fine and imprisonment

Provided that, without prejudice to the generality of the

provisions of subarticle (1)(b), no person giving evidence before

the Commission may be compelled to answer any question which

tends to expose him to any criminal prosecution, and every such

PERMANENT COMMISSION AGAINST CORRUPTION

person shall, in respect of any evidence given by him before the

Commission be entitled to the same privileges to which a witness

giving evidence before a court of law is entitled.

(6) No proceedings shall be commenced in respect of any

offence against this article without the concurrence of the Attorney

General.

The Commission shall -

(a) at the earliest opportunity make a report of the results

of every investigation to the Minister responsible for

justice: and

Provided that if in the opinion of the Commission, the

conduct investigated is corrupt or connected with or

conducive to corrupt practices, the report of the results of

the investigation shall be transmitted to the Attorney

General.

(b) not later than the end of December of each year, or as

frequently as it may deem expedient, make a report to

the President of Malta on its activities and on matters

considered by it, and may also make such

recommendations as it may deem appropriate.

The Prime Minister may, whenever the Commission so

requests, appoint a person or designate a public officer to assist it,

i n a c o n s u l t a t i v e c a p a c i t y, i n t h e c o n d u c t o f a n y o f i t s

investigations.

(1) There shall be a Secretary to the Commission who

shall be a person appointed as such by the Prime Minister or a

public officer designated by the Prime Minister to perform the

functions of Secretary.

(2) The Commission shall also have such other staff as the

Prime Minister may deem necessary and appoint or designate as

aforesaid.

(1) Every person appointed to be, or to serve as, Chairman

or member of the Commission or appointed or designated to assist

the Commission under article 12, shall, before entering upon those

duties, take and subscribe an oath in the form set out in the

Schedule to this Act.

(2) Such oath shall be taken before any Commissioner for

Oaths and shall be deposited with the Attorney General.

(1) Information obtained by the members of the

Commission, by any person appointed under article 12 or by any

other of its officers in the course of or for the purpose of an

investigation under this Act shall not be disclosed except for the

purposes of the investigation and of any report to be made thereon

under this Act, or for the purpose of any proceedings relating to the

investigation or under article 10, and the members of the

Commission and its officers shall not be called upon to give

evidence in any proceedings, other than such as aforesaid, of

PERMANENT COMMISSION AGAINST CORRUPTION

matters coming to their knowledge in the course of an investigation

under this Act.

(2) Article 133 of the Criminal Code shall apply to and in

relation to members and officers of the Commission as it applies to

or in relation to a public officer or servant referred to in article 133

of the Criminal Code.

Any salary or expense payable in carrying this Act into

effect shall be defrayed out of the Consolidated Fund without any

further appropriation other than under this Act.

An investigation under this Act may be conducted in

respect of matters which arise on or after the date of the coming

into force of this Act or which arose within a period of twelve years

before such date, so however that no investigation may be

commenced in connection with any act or omission after the lapse

of five years from the date of the coming into force of this Act, if

that act or omission occurred before the coming into force of this

Act, and after the lapse of five years from the date of such act or

omission where that act or omission occurred on or after the date of

the coming into force of this Act.

No action shall lie at law in connection with any matter as

is hereinafter mentioned, that is to say -

(a) the making of any report or request made by the

Commission or the Attorney General in accordance

with the provisions of this Act, and any publication of

such report; and

(b) the giving in good faith of any information to the

Commission for the purpose of this Act.

(1) Subject to the provisions of this article, the Attorney

General may, if in his individual judgment he is satisfied of the

advisability so to do, issue a certificate in writing exempting any

person mentioned therein from any criminal proceedings on

condition that such person gives evidence according to law of all

the facts known to him relating to any corrupt practice or any

offence connected therewith before the Commission and, or, any

court of criminal jurisdiction, and on the issue of such certificate

and the giving evidence in accordance therewith by the person to

whom it refers, no proceedings before a court of criminal

jurisdiction may be taken or continued against him in connection

with such corrupt practice or any offence connected therewith.

(2) The Attorney General may grant the certificate mentioned

in subarticle (1) either after a request to that effect by the

Commission, or without any such request whenever the necessity

so to do is otherwise brought to his notice.

(3) The request by the Commission shall be made in writing

and shall contain all the pertinent details as may be requested by

the Attorney General, and such a request shall be sent to the

Attorney General in confidence and such request by the

Commission shall not be deemed to be a breach of the provisions of

article 15.

PERMANENT COMMISSION AGAINST CORRUPTION

(4) The certificate issued by the Attorney General under the

provisions of this article shall -

(a) when the evidence is first to be given before the

Commission and the certificate is issued at the request

of the Commission be kept in the records of the

Commission;

(b) when the evidence is first to be given before the

Commission and the certificate is issued by the

Attorney General without a request from the

Commission, shall be transmitted by the Attorney

General to the Commission together with a report on

the facts as known to him of the corrupt practice

requiring investigation and the Commission shall

either hear such witness in any investigation before it

on such alleged corrupt practice or, if such

investigation is not yet initiated, initiate the same

accordingly. The Commission shall keep such

certificate in its records;

(c) when the evidence is first to be given before a court of

criminal jurisdiction, be exhibited in court by a

representative of the Attorney General.

(5) A copy of any certificate issued by the Attorney General

under the provisions of this article and kept in the records of the

Commission shall be produced at the request of the witness in any

proceedings against him before a court of criminal jurisdiction.

(6) The Attorney General may issue a certificate under the

provisions of this article notwithstanding any opposition by the

(7) For the purpose of this article "court of criminal

jurisdiction" includes any court-martial under the Malta Armed

Forces Act.

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