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Permanent Commission against Corruption Act.

Country/Territory
Malta
Document type
Legislation
Date
1988 (2020)
Source
FAO, FAOLEX
Subject
General
Keyword
Framework law Institution Legal proceedings/administrative proceedings Data collection/reporting Special fund Access-to-justice Offences/penalties Governance
Geographical area
Europe, Europe and Central Asia, European Union Countries, Mediterranean, Southern Europe
Abstract

This Act, made of 19 articles,sets up a Commission to be known as the Permanent Commission Against Corruption. After an interpretation article, the Act provides for the composition and election procedure of the Commission before establishing the roles which are incompatible with the membership of the Commission. It goes on providing for the causes of termination of an appointment as member of the Commission as well as the causes for removal from the office and temporary replacement. In the following section, dedicated to the functions of the Commission, is stated the autonomy of the Commission, which is not subject to the direction or control of any other person or authority in the exercise of its functions. After this fundamental statement the functions are listed: powers of investigation, examination of practices and procedures, including on public officers, instruction, advice and assistance to any person, on his request,on ways in which corrupt practices may be eliminated. Except where the Commission acts on its own initiative, investigations may be held on the allegation made and subscribed on oath by any person. The following articles describe what corrupt practices are under this Act and foresee the possibility to investigate corrupt practices other than those being investigated which may result in connection with that one. The Commission may request the assistance of the Police in the conduct of investigations. The following articles (9, 10 and 11) focus on the procedure in respect of investigations, on the summoning of witnesses and the administration of oaths, on the reporting of the results of every investigation to the Minister responsible for justice. The Commission may be assisted in the conduct of any of its investigations by a person appointed by the Prime Minister, or a Secretary to the Commission. The information obtained by the members of the Commission is subject to secrecy. The act provides then for the covering of the expenses payable in carrying the Act into effect and on the application of the Act in respect of investigations in relation to the time in which they arise. Finally, it is foreseen the possibility for the Attorney General to grant an exemption to any person from criminal proceedings on condition that such person gives evidence according to law that no proceedings before a court of criminal jurisdiction may be taken or continued against him in connection with such corrupt practice.

Full text
English
Website
legislation.mt