L.S. 90.01 Regolamenti dwar Prosekuzzjoni ta’ Reati (Dispożizzjonijiet Tranżitorji)

(1)The powers and functions of the Attorney General as provided under article 3 of the Attorney General Ordinance shall insofar as they refer to the power to institute and conduct prosecutions before the Court of Magistrates either as a court of criminal judicature or as a court of criminal inquiry apply in respect of the crimes listed in the Schedule. Prosecutions by Attorney General and delegation of functions. Cap. 90.

(2)Without prejudice to paragraph (f) of item 1 of the Schedule, the powers and functions referred to in sub-regulation

(1)shall also apply to any crime charged together with a crime listed in the Schedule.

(3)The powers and functions referred to in sub-regulation

(1)shall be subject to being delegated in full or in part by the Attorney General, by general or special direction, to the Commissioner of Police or to another public authority having prosecution powers. In the exercise of the said functions in relation to the conduct of prosecutions the Attorney General may also, in the absence of delegation, obtain the assistance of the Commissioner of Police or of such other public authority having prosecution powers.

(4)In prosecutions conducted by the Attorney General before the Court of Magistrates, the following functions shall be executed by the Executive Police: (

1. a)the service of charges in terms of articles 358 and 360 of the Criminal Code;  Cap. 9. (
2. b)the execution of warrants and orders of arrest or search in terms of article 359 of the Criminal Code;  Cap. 9. (
3. c)the service of subpoenae of witnesses in terms of article 365 of the Criminal Code and the service of any other acts which the prosecution is required to serve on any person;  Cap. 9. (
4. d)the execution of judgments and orders in terms of article 366 of the Criminal Code.  Cap. 9. 2 [ S.L. 90.01 Amended by: L.N. 367 of 2021; L.N. 241 of 2022; L.N. 225 of 2023; L.N. 192 of 2024. PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS) SCHEDULE Powers of the Attorney General to prosecute 1. The Attorney General shall have the power to decide whether a prosecution is or is not to be instituted in the following categories of offences when the charges are to be filed in the Court of Magistrates as a court of criminal judicature or in the Court of Magistrates as a Court of criminal inquiry on or after the 1st October 2020: (
5. a)Genocide, Crimes against Humanity and War Crimes under Title I of Part II of Book First of the Criminal Code; (
6. b)Crimes Against the Safety of the Government under Title I Bis of Part II of Book First of the Criminal Code; (
7. c)Acts of terrorism, Funding of Terrorism and Ancillary Offences under Sub-Title IVA of Title IX of Part II of Book First of the Criminal Code; (
8. d)Wilful Homicide under Sub-Title I of Title VIII of Part II of Book First of the Criminal Code; (
9. e)Unlawful Exaction, Extortion, Bribery, Embracery and Corruption, Trading in Influence, and Accounting Offences under Sub-title IV of Title III of Part II of Book First of the Criminal Code; (
10. f)Crimes of money laundering under article 3 of the Prevention of Money Laundering Act except where such crimes are prosecuted together with crimes against the Dangerous Drugs Ordinance or the Medical and Kindred Professions Ordinance; (
11. g)Cases of fraud and misappropriation where the financial loss caused is of at least fifty thousand euro (€50, 000); (
12. h)Cases of evasion of customs, excise or other import duty where the duty evaded amounts to at least five hundred thousand euro (€500, 000); (
13. i)Attempts or conspiracy to commit or complicity in the offences mentioned in paragraphs (a), (b), (c), (d), (e), (f), (
14. g)or (
15. h)above. 1A. The Attorney General shall have the power to decide whether a prosecution shall or shall not be instituted in the following categories of offences when the charges are to be filed in the Court of Magistrates as a court of criminal judicature or in the Court of PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS) [ S.L. 90.01 Magistrates as a Court of criminal inquiry on or after the 1st October 2021: (
16. a)traffic of Persons under sub-title VIII Bis of Title VIII of Part II of Book First of the Criminal Code;  Cap. 9. (
17. b)piracy under sub-title IVB of Title IX of Part II of Book First of the Criminal Code;  Cap. 9. (
18. c)rape, abduction, defilement of minors and instigation, encouragement or facilitation of defilement of minors under sub-title II of Title VII of Part II of Book First of the Criminal Code;    Cap. 9. (
19. d)causing or permitting an elderly or a dependent adult to suffer under circumstances likely to produce grievous bodily harm or death; grievous bodily harm followed by death; offences relating to crimes against property and public safety under sub-title XI of Title VIII of Part II of Book First of the Criminal Code;       Cap. 9. (
20. e)computer misuse under sub-title V of Title IX of Part II of Book First of the Criminal Code;  Cap. 9. (
21. f)wilful damage or destruction of cultural property under article 70 of the Cultural Heritage Act;  Cap. 445. (
22. g)endangering safety at airports under article 8 of the Airports and Civil Aviation (Security) Act; Cap. 405. (
23. h)attempts or conspiracy to commit or complicity in the offences mentioned in paragraphs (a), (b), (c), (d), (e), (
24. f)and (
25. g)above. Powers not to prejudice the exercise of other powers granted by law 1B. The Attorney General shall have the power to decide whether a prosecution shall or shall not be instituted in the following categories of offences when the charges are to be filed in the Court of Magistrates as a court of criminal judicature or in the Court of Magistrates as a court of criminal inquiry on or after the 1st October 2022: (
26. a)forgery of Government debentures, forgery of Government, judicial or official acts and counterfeiting of the public seal of Malta under sub-title I of Title V of Part II of Book First of the Criminal Code; Cap. 9. 3 4 [ S.L. 90.01 PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS)  Cap. 9.     Cap. 9. (
27. b)forgery of acts by public officer under sub-title II of Title V of Part II of Book First of the Criminal Code and forgery or uttering of currency under sub-title III of Title V of Part II of Book First of the Criminal Code;       Cap. 9. (
28. c)prostituting of descendant under age by ascendant, of spouse under age or of minor by husband or wife or tutor, of descendant or spouse of age, by ascendant or husband or wife under sub-title I of Title VII of Part II of Book First of the Criminal Code;              Cap. 9. (
29. d)instigation with violence of persons under age to prostitution or to participate in a pornographic performance, inducing persons under age to prostitution or to participation in a pornographic performance, participation in sexual activities with persons under the age of sixteen

(16)years, unlawful sexual activities, compelling or inducing a person of age to prostitution, non-consensual act of a sexual nature, meeting a child following sexual grooming etc., advertisement of sexual tourism under sub-title II of Title VII of Part II of Book First of the Criminal Code;     Cap. 9. (

1. e)female genital mutilation, enforced sterilization, forced marriage, luring of a person to the territory of another State to marry forcefully under sub-title IX of Title VIII of Part II of Book First of the Criminal Code;                Cap. 9. (
2. f)causing explosion likely to endanger life or property, discharge etc. of lethal device, possession, use etc. of nuclear material, use of radioactive material, lethal device or nuclear facility with intent to cause death, unlawful possession of radioactive material or making or possession of a lethal device, setting on fire of arsenals, etc., arson endangering life, arson to the common danger, arson without danger of life, arson of vineyards, etc., destruction by the springing of a mine, exhibition of false lights, etc., with danger to navigation and setting on fire of one’s own property under sub-title IV of Title IX of Part II of Book First of the Criminal Code; C ap. 585. (
3. g)illicit importation of radioactive waste under article 39 of the Nuclear Safety and Radiation Protection Act; (
4. h)attempt or conspiracy to commit or complicity in the offences mentioned in paragraphs (a), (b), (c), (d), (e), (
5. f)and (
6. g)above. 1C. The Attorney General shall have the power to decide whether a prosecution is or is not to be instituted in the following categories of offences when the charges are to be filed in the Court of Magistrates as a court of criminal judicature or in the Court of PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS) [ S.L. 90.01 Magistrates as a Court of criminal inquiry on or after the 1st October 2023: (
7. a)grievous bodily harm; grievous bodily harm with arms proper; other cases of grievous bodily harm; grievous bodily harm from which death ensues under sub-title II of Title VIII of Part II of Book First of the Criminal Code;      Cap. 9. (
8. b)involuntary homicide; involuntary homicide in the course of theft or attempted theft under sub-title IV of Title VIII of Part II of Book First of the Criminal Code;    Cap. 9. (
9. c)infanticide under sub-title VIII of Title VIII of Part II of Book First of the Criminal Code;   Cap. 9. (
10. d)stalking involving fear of violence, serious alarm or distress under sub-title IX of Title VIII of Part II of Book First of the Criminal Code;    Cap. 9. (
11. e)aggravated theft under sub-title I of Title IX of Part II of Book First of the Criminal Code;  Cap. 9. (
12. f)offences against the National Interest (Enabling Powers) Act;   Cap. 365. (
13. g)offences against the Fisheries Conservation and Management Act;  Cap. 425. (
14. h)attempts or conspiracy to commit or complicity in the offences mentioned in paragraphs (a), (b), (c), (d), (e), (
15. f)and (
16. g)above. 1D. The Attorney General shall have the power to decide whether a prosecution is or is not to be instituted in the following categories of offences when the charges are to be filed in the Court of Magistrates as a court of criminal judicature or in the Court of Magistrates as a Court of criminal inquiry on or after the 1st October 2024: (
17. a)offences against the Medical and Kindred Professions Ordinance, where the Attorney General directed that the offences may be prosecuted before the Criminal Court or the Court of Magistrates as a court of criminal judicature, provided that the offence shall not fall within the original jurisdiction of the Court of Magistrates as a court of criminal judicature; Cap. 31. (
18. b)offences against the Dangerous Drugs Ordinance where the Attorney General directed that the Cap. 101. 5 6 PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS) [ S.L. 90.01 offences may be prosecuted before the Criminal Court or the Court of Magistrates as a court of criminal judicature, provided that the offence shall not fall within the original jurisdiction of the Court of Magistrates as a court of criminal judicature; (
19. c)  Cap. 373.     Cap. 101.  Cap. 31. offences of money laundering as provided for in article 3 of the Prevention of Money Laundering Act including where such offences are prosecuted together with offences against the Dangerous Drugs Ordinance or the Medical and Kindred Professions Ordinance; (
20. d)attempts, conspiracy to commit or complicity in the offences provided for in paragraphs (a), (
21. b)and (c). 2. Nothing in this Schedule shall be interpreted: (
22. a)as excluding the Commissioner of Police or any other public authority having prosecution powers under any other law from exercising or from continuing to exercise the said powers after the coming into force of this Schedule; or (
23. b)as giving rise to any defect in the proceedings: (
24. i)in cases where such powers are exercised after the coming into force of this Schedule or where proceedings commenced before the coming into force of this Schedule are continued in the name of the Commissioner of Police or of any other public authority having prosecution powers after the said coming into force; or (
25. ii)where it results that the amount of financial loss or evasion of any tax or duty does not reach or exceeds the minimum threshold established under paragraphs (
26. g)or (
27. h)of item 1. 3.

(1)Without prejudice to the provisions of item 2, the Executive Police shall not on or after the 1st October 2020 institute or pursue any prosecution for the crimes listed in item 1 in the absence of a decision to prosecute having been taken by the Attorney General.

(2)Without prejudice to the provisions of item 2, the Executive Police shall not on or after the 1st October 2021 institute or pursue any prosecution for the crimes listed in item 1A in the absence of a decision to prosecute having been taken by the Attorney General.

(3)Without prejudice to the provisions of item 2, the Executive Police shall not on or after the 1st October 2022 institute or pursue any prosecution for the crimes listed in item 1B in the absence PROSECUTION OF OFFENCES (TRANSITORY PROVISIONS) [ S.L. 90.01 of a decision to prosecute having been taken by the Attorney General.

(4)Without prejudice to the provisions of item 2, the Executive Police shall not on or after the 1st October 2023 institute or pursue any prosecution for the crimes listed in item 1C in the absence of a decision to prosecute having been taken by the Attorney General.

(5)Without prejudice to the provisions of item 2, the Executive Police shall not on or after the 1st October 2024 institute or pursue any prosecution for the offences listed in item 1D in the absence of a decision to prosecute having been taken by the Attorney General.

1. In this Schedule any reference to an offence provided in the Criminal Code or in any other law shall, unless the context otherwise requires, be read and construed as an indication of that offence through a reference to the marginal note of the article which prescribes it and any discrepancy between the marginal note and the content of the article shall have no effect on the inclusion in this Schedule of the offence as described in the actual text of the relative article.   Cap.
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