Who prosecutes election-related criminal offences?

Malta

Malta

Answer
Public prosecutor
Source

FOURTEENTHSCHEDULE

(Article 118)

Articles 41 to 62 of the Electoral (Polling)Ordinance (Cap102)

 

PART V

CORRUPTPRACTICES

57. (1) Any person who commits the offence of personation, treating, undue influence, or bribery oraids, abets, counsels, or procures the commission of the offence ofpersonation, and any candidate or election agent who knowingly makes thedeclaration, as to election expenses required by article 50, falsely, shall beguilty of a corrupt practice and shall be liable, on conviction, in thediscretion of the court, to a fine (multa) not exceeding one thousandand one hundred and sixty euro (1,1 6 0 ) , o r t o imprisonment for a term notexceeding six months, or to both such fine (multa) and imprisonment, andshall in consequence of such conviction become incapable, for a period of sevenyears from the date of his conviction of being registered as a voter or votingat an election under this Ordinance, or of being elected a member, and if atthat date he has been elected member, his election shall, subject to theprovisions of article 55 of the Constitution of Malta, be vacated from the dateof such conviction.

(2) No prosecution for a corrupt practice shall beinstituted without the sanction of the Attorney General.

(3) For thepurposes of this Part of this Ordinance, references to 'voting' or to'refraining from voting', or to 'giving' or'refraining from giving a vote', shall include references to'voting' or 'refraining from voting' in a particular way.

 

Ministry for Justice, JusticeServices

http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lom&itemid=8824&l=1as retrieved on 26-09-13.

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