PERMANENT COMMISSION AGAINST CORRUPTION    [ CAP. 326.        1
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.
Short title.
Against Corruption Act.
Interpretation.
"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.
Permanent 
Commission 
Against 
Corruption.
3. (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, appointed by the President of
Malta acting in accordance with the advice of the Prime Minister,
given after he has consulted the Leader of the Opposition.
(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
  2      CAP. 326. ]       PERMANENT COMMISSION AGAINST CORRUPTION 
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).
(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 Prime Minister, 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 Prime Minister, 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
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 Prime Minister, given after he
has consulted 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.
Functions of the 
Commission.
Amended by:
III. 2002.164.
4. 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,
PERMANENT COMMISSION AGAINST CORRUPTION    [ CAP. 326.        3
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
referred to in paragraph ( c ).
Allegations of 
corrupt practices.
5. 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.
Corrupt practices.
Amended by:
III. 2002.164.
Cap. 9.
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 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
  4      CAP. 326. ]       PERMANENT COMMISSION AGAINST CORRUPTION 
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.
Investigation of 
other acts or 
omissions.
7. (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.
Police assistance.
Cap. 9. 
8. 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.
Procedure in 
respect of 
investigations.
Amended by:
XXIV.1995.360.
9. (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.
(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.
Cap. 12. 
(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.
Summoning of 
witnesses and 
administration of 
oaths.
10. (1) The Commission shall have power, exercisable
through its Chairman - 
( a ) to summon witnesses who shall be heard on oath;
PERMANENT COMMISSION AGAINST CORRUPTION    [ CAP. 326.        5
( 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 five hundred liri 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
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.
Reports by 
Commission.
11. The Commission shall - 
( a ) at the earliest opportunity make a report of the results
of every investigation to the Minister responsible for
justice; and
( 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.
Persons assisting 
the Commission.
12. The Prime Minister may, whenever the Commission so
requests, appoint a person or designate a public officer to assist it,
in a consultative capacity, in the conduct of any of its
  6      CAP. 326. ]       PERMANENT COMMISSION AGAINST CORRUPTION 
investigations.
Secretary and staff. 13. (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.
Oath of office. 14. (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.
Secrecy of 
information.
15. (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
matters coming to their knowledge in the course of an investigation
under this Act.
Cap. 9. (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.
Expenses of 
administration.
16. 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.
Investigation of 
past matters.
17. 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.
Privileged 
communications.
18. 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
PERMANENT COMMISSION AGAINST CORRUPTION    [ CAP. 326.        7
such report; and
( b ) the giving in good faith of any information to the
Commission for the purpose of this Act.
Attorney General 
may grant 
exemption from 
criminal 
proceedings.
19. (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.
(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
  8      CAP. 326. ]       PERMANENT COMMISSION AGAINST CORRUPTION 
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
witness.
Cap.220.
(7) For the purpose of this article "court of criminal
jurisdiction" includes any court-martial under the Malta Armed
Forces Act.
SCHEDULE  
[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                19 
(Signature of Chairman
or other member)
