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Investigations

 
The Commission conducts investigations either on its own initiative or following reports made to it by any person provided that in these instances, the allegations are confirmed on oath. (Article 5).
 
Investigations can be conducted in respect of matters (Article 17):
 
1) That had been carried out 12 years before the coming into force of the provisions of the Act (provided that such investigations were initiated before the lapse of 5 years from the coming into force of the Act); or
 
2) That were carried out not more than five years earlier.
 
The Commission has the power to summon witnesses, request files or other documentary evidence as well as to seek Police assistance when it deems fit. (Article 8).
 
Witnesses are heard on oath and may refuse to answer questions that could incriminate them. They also have the right to be assisted by an advocate or legal procurator. (Article 9 (1) and Article 10 (4)).
 
The Attorney General can grant exemption from criminal proceedings to witnesses for reasons specified in the Act. (Article 19).
 
If, during the course of an investigation, the Commission discovers an act or omission that could be connected with the act of corruption itself, then it could investigate also such act or omission. (Article 7).
 
Proceedings before the Commission are held in private and the information obtained by the members of the Commission, any person appointed in a consultative manner or its staff cannot be disclosed except for the purpose of the investigation itself and/or any report relating to the investigation. The members of the Commission and its officers cannot be called to give evidence in proceedings of matters coming to their knowledge in the course of an investigation under the Act. (Article 15(1)).
 
Furthermore no action shall lie at law in connection with 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 with the giving in good faith of any information to the Commission for the purpose of the Act. (Article 18).
 
The information given above is intended as general information and is not intended as an interpretation of any part of the Act and may not be used as such in any proceedings. The Act (Chapter 326 of the Laws of Malta) is available online. 
 
MALTESE LAW
Chapter 326, Section 6
 
 6.    (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 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 Crimin​al 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 sub-article (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.

 

Contact Name

Permanent Commission Against Corruption
Chateau De La Ville
Archbishop Street
Valletta, VLT 2000
 
Telephone
(+356) 2567 4309 /
(+356) 2567 4310
Secretary - (+356) 7966 6028
 
Email