B 1640
L.N. 231 of 2021
CRIMINAL CODE
(CAP. 9)
Exchange of Information and Reporting of Crime concerning 
Fraud and Counterfeiting of Non-Cash means of Payment 
Regulations, 2021
IN EXERCISE of the powers conferred by article 310K of the
Criminal Code, the Minister for Justice, Equality and Governanc e has
made the following regulations:-
Citation and 
scope.1. (1) The title of these regul ations is the Exchange of
Information and Reporting of Crime concerning Fraud and
Counterfeiting of Non-Cash means of Payment Regulations, 2021.
(2) The scope of these regulations is to transpose Directive
(EU) 2019/713 of the European Par liament and of the Council of 17
April 2019 on combating fraud a nd counterfeiting of non-cash me ans
of payment and replacing Council Framework Decision 2001/413/
JHA.
Operational 
national point of 
contact.
Cap. 9.2. (1) The Malta Police Force is hereby designated as the
operational national poi n t  o f  c o n t a c t ,  a s  r e f e r r e d  t o  i n  A r t i c l e 14 of
Directive (EU) 2019/713, for purposes of exchanging information
relating to the offences established in article 310F and article 310H ofthe Criminal Code.
(2) The national point of contac t shall be available twenty-four
(24) hours a day, seven (7) days a week and shall have procedur es in
place so that urgent requests fo r assistance are promptly dealt  with.
(3) The national point of contact s hall reply to any request for
assistance within eight (8) hours of receipt, by at least indic ating
whether the request will be answered, the form of such an answe r and
the estimated time within which the reply will be sent.
Encouraging the 
reporting of 
crime.
Cap. 9.3. The national point of contact shall encourage the reporting,
without undue delay, in particula r by financial institutions, o f
suspected fraud and counterfeiting of non-cash means of payment  as
referred to in article 310F and article 310H of the Criminal Co de.
Assistance and 
support to 
victims.4. (1) The national point of contact shall:
(a) offer specific information and advice on how to
protect oneself against the negative consequences of the
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offences, such as reputational damage; and
Cap. 9.(b) provide a list of dedicated  institutions that deal with
different aspects of identit y-related crime and victim support,
 to any natural or legal person who has suffered harm as a resu lt
of any of the offences referred to in article 310F and article 310H of
the Criminal Code, when such offe nces are committed by misusing
personal data.
Cap. 9.(2) Legal persons that are victims of the offences referred to in
article 310F and article 310H of the Criminal Code shall be off ered the
following information, without undue delay, after their first c ontact
with the national point of contact:
(a) the procedures for making complaints with regard to
the offence and the victim’s role in such procedures; 
(b) the right to receive information about the case in
accordance with national law;
(c) the available procedures for making complaints if the
national point of contact does not respect the victim’s rights in
the course of criminal proceedings; and
(d) the contact details for communications about their
case. 
Cap. 9.(3) The national point of contac t shall be responsible for the
setting up of a single national online information tool to faci litate
access to assistance and support for natural or legal persons w ho have
suffered harm as a result of the offences referred to in articl e 310F and
article 310H of the Criminal Code, when such offences are commi tted
by misusing personal data.
Prevention. 5. The national point of contact shall conduct, on a regular
basis, information and awarene ss raising campaigns as well as
research and education programmes, including through the intern et,
aimed at reducing overall fraud, raising awareness and reducing  t h e
risk of becoming a victim of fraud.
Monitoring and 
statistics.
Cap. 9.6. (1) The national point of contact and the Court Services
Agency shall establish a system for the recording, production a nd
provision of anonymised statistical data on the reporting, inve stigative,
prosecutorial and judicial phase s involving the offences referr ed to in
article 310F and art icle 310H of the Criminal Code.
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Cap. 9.(2) The statistical data referred to in the preceding sub-
regulation shall, as a minimum,  cover existing data on the numb er of
offences referred to in article  310F and article 310H of the Criminal
Code and on the number of persons  prosecuted for and convicted of
the offences referred to in article 310F of the Criminal Code.
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper
Prezz/Price
€0.27
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