Regulations, 2021

L.N. 231 of 2021

CRIMINAL CODE

(CAP. 9)

Exchange of Information and Reporting of Crime concerning

Fraud and Counterfeiting of Non-Cash means of Payment

Regulations, 2021

IN EXERCISE of the powers conferred by article 310K of the

Criminal Code, the Minister for Justice, Equality and Governance has

made the following regulations:-

(1) The title of these regulations is the Exchange of

Information and Reporting of Crime concerning Fraud and

Counterfeiting of Non-Cash means of Payment Regulations, 2021.

(2) The scope of these regulations is to transpose Directive

(EU) 2019/713 of the European Parliament and of the Council of 17

April 2019 on combating fraud and counterfeiting of non-cash means

of payment and replacing Council Framework Decision 2001/413/

JHA.

(1) The Malta Police Force is hereby designated as the

operational national point of contact, as referred to in Article 14 of

Directive (EU) 2019/713, for purposes of exchanging information

relating to the offences established in article 310F and article 310H of

the Criminal Code.

(2) The national point of contact shall be available twenty-four

(24) hours a day, seven (7) days a week and shall have procedures in

place so that urgent requests for assistance are promptly dealt with.

(3) The national point of contact shall reply to any request for

assistance within eight (8) hours of receipt, by at least indicating

whether the request will be answered, the form of such an answer and

the estimated time within which the reply will be sent.

The national point of contact shall encourage the reporting,

without undue delay, in particular by financial institutions, of

suspected fraud and counterfeiting of non-cash means of payment as

referred to in article 310F and article 310H of the Criminal Code.

(1)

The national point of contact shall

(a) offer specific information and advice on how to

protect oneself against the negative consequences of the

offences, such as reputational damage; and

(b) provide a list of dedicated institutions that deal with

different aspects of identity-related crime and victim support,

to any natural or legal person who has suffered harm as a result

of any of the offences referred to in article 310F and article 310H of

the Criminal Code, when such offences are committed by misusing Cap. 9.

personal data.

(2) Legal persons that are victims of the offences referred to in

article 310F and article 310H of the Criminal Code shall be offered the Cap. 9.

following information, without undue delay, after their first contact

with the national point of contact

(a) the procedures for making complaints with regard to

the offence and the victim’s role in such procedures;

(b) the right to receive information about the case in

accordance with national law;

(c) the available procedures for making complaints if the

national point of contact does not respect the victim’s rights in

the course of criminal proceedings; and

(d)

the contact details for communications about their

case.

(3) The national point of contact shall be responsible for the

setting up of a single national online information tool to facilitate

access to assistance and support for natural or legal persons who have

suffered harm as a result of the offences referred to in article 310F and

article 310H of the Criminal Code, when such offences are committed Cap. 9.

by misusing personal data.

The national point of contact shall conduct, on a regular Prevention.

basis, information and awareness raising campaigns as well as

research and education programmes, including through the internet,

aimed at reducing overall fraud, raising awareness and reducing the

risk of becoming a victim of fraud.

(1) The national point of contact and the Court Services Monitoring and

Agency shall establish a system for the recording, production and statistics.

provision of anonymised statistical data on the reporting, investigative,

prosecutorial and judicial phases involving the offences referred to in

article 310F and article 310H of the Criminal Code.

(2) The statistical data referred to in the preceding sub-

regulation shall, as a minimum, cover existing data on the number of

offences referred to in article 310F and article 310H of the Criminal

Code and on the number of persons prosecuted for and convicted of

the offences referred to in article 310F of the Criminal Code.

€0.27