Selected case studies : the case study of Malta (MT)

Abstract

Implementing the PIF Directive in Malta. The PIF Directive has been implemented in Malta through sporadic legislative amendments and administrative interventions. When dealing with substantive crimes relating to the protection of the financial interests of the European Union, the Maltese Criminal Code already contains relative provisions referring to various instances of fraud which adequately cover the offences within the PIF Directive. One can identify, inter alia, the offence of misappropriation, obtaining money by false pretences and the catch-all ‘other fraudulent gain’. The offence is aggravated if the perpetrator is a public officer or a person vested with some form of entrustment as well as aggravated by amount. Malta also has an established solid anti-corruption legal framework providing for bribery (active and passive bribery of domestic public officials) and trading in influence. The sanction in respect of bribery of public officials is imprisonment for a period of six months to eight years. In the case of a magistrate or judge, the term of imprisonment can range from 18 months to 10 years, and in the case of a member of parliament, the sanction is imprisonment for a term from one year to eight years. In addition to imprisonment, a person convicted of bribery may also be punished with temporary or perpetual interdiction, i.e., disqualification from holding a public office or employment with the public sector. The punishment for trading in influence is imprisonment for a term of three years. [Excerpt]