Questionnaire Malta

I.17 On what main grounds can non-prosecution take place?

Amongst the main grounds in this regard, the most commonly used, arise as a result of sects. 636(b) CC and 19 of Chapter 326 entitled Permanent Commission against Corruption. Both provisions relate to what is widely referred to as ‘Turning State Evidence’. The distinction between the two lies in the fact that under the provisions of the Criminal Code such an exemption must be granted by the State, thus such exemption must be issued under the signature of the President of the Republic while in the latter case the exemption is issued by the Attorney General under his signature. Whilst the former exemption bars prosecution in front of all Courts of law, the latter exemption only bars prosecution of the individual being so pardoned only with regards to offences relating to any corrupt practice or any offence connected therewith, which cases are being heard before the Permanent Commission against Corruption and/or, any Court of Criminal Jurisdiction. The court of criminal jurisdiction can either be a court of magistrates as a court of criminal judicature or the criminal court. This term is used in relation to both courts when talking in general terms whereby a case may be tried by either court.