Questionnaire Malta
I.19 What are the main diversionary measures?
Diversionary measures exist with regard to offences
of a criminal nature set out under special legislation and not with regards to
the crimes and/or contraventions stipulated in the Criminal Code. Examples of
these diversionary measures can be found in sect. 34(7) of Chapter 425
(Fisheries and Conservation Management Act), whereby once an individual has
admitted to the commission/omission of an offence arising out of this Act,
according to the provisions of this particular sect, no charge may be laid in
respect of the offence against any person by whom it has been admitted. What
happens then is that the penalty decided by the Director of Fisheries as being
adequate compensation for the offence committed/omitted must be paid by the person
who has so admitted. A further example may be found arising out of sect. 26 of
Chapter 435 of the Laws of Malta (Environment Protection Act). This section
creates what is referred to as a compromise
penalty whereby when, before criminal proceedings have been instituted in
connection with any offence under this Act, the offender pays to the
Environment Protection Fund (established under this same Act), such sum as may
be agreed with the Malta Environment and Planning Authority, not being a sum
higher than the fine to which the offence is liable, all such person's criminal
liability with respect to that offence shall be extinguished. Nonetheless the
agreement to pay to the Fund a compromise penalty shall not extinguish any
civil liability to make good any damages to any person or authority and any
liability arising under sect. 24 of the same Act.
