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I assent.
(L.S.) GEORGE VELLA
President
7th April, 2020
ACT No. XVIII of 2020
AN ACT to further amend the Criminal Code, Cap. 9.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Representatives, in this present Parliament
assembled, and by the authority of the same as follows:-
Short title and 
commencement. 
Cap. 9.1.(1) The short title of this Act is the Criminal Code
(Amendment No. 2) Act, 2020, and this Act shall be read and
construed as one with the Criminal Code, hereinafter referred to as
"the Code". 
(2) This Act shall come into force on such date as the Minister
responsible for justice may by notice in the Gazette establish, and
different dates may be so established for different provisions and
different purposes of this Act.
Addition of new 
Sub-title to the 
Code. 2. Immediately after Sub-title II of Title V of Part II of Book
First of the Code there shall be added the following new Sub-Title:
"Sub-title III
OF FRAUD AGAINST THE EUROPEAN UNION’S 
FINANCIAL INTERESTS
The measures in this Sub-title transpose the provisions of Directive 
(EU) 2017/1371 of the European Parliament and of the Council of 5 
July 2017 on the fight against fraud to the Union's financial interests 
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by means of criminal law.
Scope and 
applicability.190A. (1) This Sub-title establishes rules
concerning the combating of fraud and other illegal
activities affecting the European Union’s financial
interests.
(2) In respect of revenue arising from VAT own
resources, this Sub-title shall apply only in cases of
serious offences against the common VAT system. For
the purposes of this Sub-title, offences against the
common VAT system shall be considered to be serious
where the intentional acts or omissions defined in
paragraph (d) of article 190C are connected with the
territory of Malta and another Member State or Member
States of the European Union and involve a total damage
of at least ten million euro (€10,000,000). 
(3) Nothing in this Sub-title shall affect the
structure and functioning of the tax administration of
Malta. 
(4) The sanctions for the offences under this Sub-
title shall be without prejudice to the exercise of
disciplinary powers by the competent authorities against
public officers. 
(5) The application of administrative measures,
penalties and fines as laid down in European Union law,
in particular those within the meaning of Articles 4 and 5
of Regulation (EC, Euratom) No. 2988/95, or in national
law adopted in compliance with a specific obligation
under European Union law, shall be without prejudice to
this Sub-title. Any criminal proceedings initiated on the
basis of this Sub-title shall not unduly affect the proper
and effective application of administrative measures,
penalties and fines that cannot be equated to criminal
proceedings, laid down in European Union or national
law. 
Interpretation. 190B. For the purposes of this Sub-title the following
definitions, unless the context otherwise requires, shall
apply: 
"public officer" shall have the same meaning
as is assigned to it in article 92 and shall also
include a Union official or a national official of a
Member State of the European Union other than
Malta and any national official of a third country;
(i) "Union Official" means a person
who is: 
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- an official or other servant
engaged under contract by the
European Union within the meaning of
the Staff Regulations of Officials and
the Conditions of Employment of
Other Servants of the European Union
laid down in Council Regulation (EEC,
Euratom, ECSC) No. 259/68 (the ‘Staff
Regulations’), or 
- seconded to the European
Union by a Member State or by any
public or private body, who carries out
functions equivalent to those
performed by Union officials or other
servants:
Provided that, without prejudice
to the provisions on privileges and
immunities contained in Protocols No. 3 and
No. 7 annexed to the Treaty on European
Union and the Treaty on the Functioning of
the European Union, Members of the
European Union institutions, bodies, offices
and agencies, set up in accordance with the
Treaties and the staff of such bodies shall be
assimilated to Union officials, inasmuch as
the Staff Regulations do not apply to them; 
(ii) "national official" shall include
any person holding an executive,
administrative or judicial office at national,
regional or local level. Any person holding a
legislative office at national, regional or local
level shall be assimilated to a national
official; 
 "European Union’s financial interests" shall mean all
revenues, expenditure and assets covered by, acquired
through, or due to: 
(a) the European Union budget;
(b) the budgets of the European Union
institutions, bodies, offices and agencies
established pursuant to the Treaties or budgets
directly or indirectly managed and monitored by
them.
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Fraud affecting 
the Union’s 
financial 
interests.190C. (1) Whosoever intentionally commits fraud
affecting the European Union’s financial interests shall
be liable, on conviction, to imprisonment for a term of
six (6) months to four (4) years. 
(2) For the purposes of this Sub-title, the following
shall be regarded as fraud affecting the European
Union’s financial interests:
 (a) in respect of non-procurement-related
expenditure, any act or omission relating to: 
(i) the use or presentation of false,
incorrect or incomplete statements or
documents, which has as its effect the
misappropriation or wrongful retention of
funds or assets from the European Union
budget or budgets managed by the European
Union, or on its behalf; 
(ii) non-disclosure of information in
violation of a specific obligation, with the
same effect; or 
(iii) the misapplication of such funds
or assets for purposes other than those for
which they were originally granted;
(b) in respect of procurement-related
expenditure, at least when committed in order to
make an unlawful gain for the perpetrator or
another by causing a loss to the European Union's
financial interests, any act or omission relating to: 
(i) the use or presentation of false,
incorrect or incomplete statements or
documents, which has as its effect the
misappropriation or wrongful retention of
funds or assets from the European Union
budget or budgets managed by the European
Union, or on its behalf; 
(ii) non-disclosure of information in
violation of a specific obligation, with the
same effect; or 
(iii) the misapplication of such funds
or assets for purposes other than those for
which they were originally granted, which
damages the European Union's financial
interests;
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(c) in respect of revenue other than
revenue arising from VAT own resources referred
to in paragraph (d), any act or omission relating to:
(i) the use or presentation of false,
incorrect or incomplete statements or
documents, which has as its effect the illegal
diminution of the resources of the European
Union budget or budgets managed by the
European Union, or on its behalf; 
(ii) non-disclosure of information in
violation of a specific obligation, with the
same effect; or 
(iii) misapplication of a legally
obtained benefit, with the same effect; 
(d) in respect of revenue arising from VAT
own resources, any act or omission committed in
cross-border fraudulent schemes in relation to: 
(i) the use or presentation of false,
incorrect or incomplete VAT-related
statements or documents, which has as an
effect the diminution of the resources of the
European Union budget; 
(ii) non-disclosure of VAT-related
information in violation of a specific
obligation, with the same effect; or 
(iii) the presentation of correct VAT-
related statements for the purposes of
fraudulently disguising the non-payment or
wrongful creation of rights to VAT refunds.
Penalties. 190D. (1) Any public officer who, directly or
through an intermediary, requests or receives advantages
of any kind for himself or for a third party, or accepts a
promise of such an advantage, to act or to refrain from
acting in accordance with his duty or in the exercise of
his functions in a way which damages or is likely to
damage the European Union's financial interests shall be
liable, on conviction, to imprisonment for a term of six
(6) months to four (4) years. 
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 (2) Whosoever promises, offers or gives, directly or
through an intermediary, an advantage of any kind to a
public officer for himself or for a third party for him to
act or to refrain from acting in accordance with his duty
or in the exercise of his functions in a way which
damages or is likely to damage the European Union's
financial interests shall on conviction be liable to a term
of imprisonment of six (6) months to four (4) years. 
Misappropriation 
against the 
European 
Union’s financial 
interests. 190E. Any public officer who is directly or indirectly
entrusted with the management of funds or assets, and
who commits or disburses funds or appropriates or uses
assets contrary to the purpose for which they were
intended in any way which damages the European
Union’s financial interests shall be liable, on conviction,
to imprisonment, for a term of three (3) to eighteen (18)
months. 
Incitement, 
aiding and 
abetting and 
attempts.190F. Whosoever incites, aids, abets or attempts any
offence under articles 190C, 190D or 190E shall be
guilty of an offence and shall be liable on conviction to
the punishment laid down for the offence aided, abetted
or instigated.
Corporate 
liability for 
offences under 
this Sub-title.190G. (1) Where any offence under this Sub-title is
committed for the benefit, in part or in whole, of a body
corporate by a person acting individually or as part of an
organ of the body corporate, and having a leading
position within the body corporate, based on:
(a) a power of representation of the body
corporate,
(b) an authority to take decisions on behalf
of the body corporate, or 
(c) an authority to exercise control within
the body corporate, 
Cap. 12.such body corporate shall be liable to the payment of a
fine (multa) of not less than twenty thousand euro
(€20,000) and not more than two million euro
(€2,000,000), which fine may be recovered as a civil
debt and the sentence of the Court shall constitute an
executive title for all intents and purposes of the Code of
Organization and Civil Procedure. 
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(2) A body corporate shall also be held liable for an
offence under this Sub-title where the lack of
supervision or control by a person referred to in sub-
article (1) has made possible the commission of the
offence, by any person under its authority, for the benefit
of that body corporate, which shall upon conviction be
liable to the punishment laid down in sub-article (1).
(3) Corporate liability pursuant to sub-articles (1)
and (2) shall not exclude the possibility of criminal
proceedings against natural persons who are perpetrators
of the criminal offences referred to in articles 190C,
190D or 190E or who are criminally liable under article
190F.
(4) Without prejudice to the application of the
punishments under sub-articles (1) and (2), where a body
corporate is held liable pursuant to this article the
following sanctions may simultaneously be applied: 
(a) exclusion from entitlement to public
benefits or aid;
(b) temporary or permanent exclusion
from public tender procedures; 
(c) the suspension or cancellation of any
licence, permit or other authority to engage in any
trade, business or other commercial activity;
(d) placing under judicial supervision;
(e) the compulsory winding up of the body
corporate; or
(f) the temporary or permanent closure of
establishments which have been used for the
commission of the criminal offence.
(5) This article shall not apply to States or public
bodies exercising State authority, or to public
international organisations.
Considerable 
damage or 
advantage. 190H. (1) Where the offences referred to in articles
190C, 190D, 190E and 190F involve considerable
damage or advantage, the offender shall be liable, on
conviction, to imprisonment, for a term of four (4) to
eight (8) years. 
(2) The damage or advantage resulting from the
criminal offences referred to in article 190C(2)(a), (b)
and (c) and in article 190D shall be presumed to be
considerable where the damage or advantage involves
more than one hundred thousand euro (€100,000). 
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Amendment of 
article 355AT of 
the Code.3.Article 355AT of the Code shall be amended as follows:
 (a) in sub-article (1) thereof immediately after the words
"6 November 2013 (L294/1)" there shall be added the words
"and the provisions of Directive 2016/1919/EU of the European
Parliament and of the Council of 26 October 2016 on legal aid
for suspects and accused persons in criminal proceedings and for
requested persons in European arrest warrant proceedings"; and
(b) immediately after sub-article (4) thereof there shall
be added the following new sub-article:(3) The damage or advantage resulting from
criminal offences referred to in article 190C(2)(d) and in
respect of article 190A(2) shall always be deemed to be
considerable. 
Aggravating 
circumstances.190I.  The punishment for the offences referred to in
articles 190C, 190D, 190E and 190F shall be increased
by one to two degrees where the offence was committed
within the framework of a criminal organisation within
the meaning of Council Framework Decision 2008/ 841/
JHA of 24 October 2008 on the fight against organised
crime.
Jurisdiction. 190J.(1)  Article 121C shall apply mutatis
mutandis to the offences under this Sub-title. 
(2) Without prejudice to the generality of sub-
article (1), the Maltese courts shall also have jurisdiction
over the offences laid down in this Sub-title where the
offender is subject to the Staff Regulations of Officials
of the European Union at the time of commission of the
criminal offence, and that person is at the same time a
citizen or permanent resident in Malta within the
meaning of article 5(1)(d):
Provided that the application of this sub-article shall
fully respect the principle of ne bis in idem.
Recovery. 190K. (1) This Sub-title shall be without prejudice to
the recovery of any VAT not paid in the context of the
commission of the offences referred to in article
190C(2)(d) or in articles 190D, 190E or 190F. 
(2) This Sub-title shall be without prejudice to the
application of any administrative measures, penalties
and fines laid down in law, and any criminal proceedings
initiated pursuant to this Sub-title shall not unduly affect
the proper and effective application of such
administrative measures, penalties and fines.".
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"(5) For the purpose of this Sub-title, the expression
"legal aid" means funding by the Minister, of the assistance
of a lawyer, enabling the exercise of the right of access to a
lawyer.".
Amendment of 
article 355AU 
of the Code. 4.Article 355AU of the Code shall be amended as follows:
(a) sub-articles (4) and (5) thereof shall be renumbered
as sub-articles (5) and (6); 
(b) immediately after sub-article (3) thereof there shall
be added the following new sub-article:
"(4) The provisions relating to legal aid under this Sub-
title shall apply:
(a) to suspects and accused persons in criminal
proceedings who have a right of access to a lawyer
pursuant to this Sub-title and who are:
(i) deprived of liberty;
(ii) required to be assisted by a lawyer by
law; or
(iii) required or permitted to attend an
investigative or evidence-gathering act, including as
a minimum the following:
(A) identity parades;
(B) confrontations;
(C) reconstructions of the scene of a
crime; and 
(b) to a requested person upon an arrest under
article 355AUT(2)(c) persons who have a right of access to
a lawyer under this Sub-title;
(c) under the same conditions as provided for in
paragraph (a), to persons who were not initially suspects or
accused persons but become suspects or accused persons in
the course of questioning by the police or by another law
enforcement authority.".
Amendment of 
article 355AUH 
of the Code. 5.In sub-article (1) of article 355AUH of the Code immediately
after the words "European arrest warrant." there shall be added the
words "The requested person may elect to be assisted by the Advocate
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for Legal Aid in which case the Advocate for Legal Aid shall assign a
lawyer for this purpose.".
Amendment of 
article 355AUJ 
of the Code.6.In sub-article (1) of article 355AUJ of the Code immediately
after the words "vulnerable suspects," there shall be added the words
"vulnerable requested persons".
Amendment of 
article 531 of 
the Code. 7. In sub-article (1) of article 531 of the Code, immediately after
the words "with closed doors" there shall be added the words "in all
cases involving children below the age of eighteen (18) or".
Addition of new 
Title to the 
Code.8. Immediately after Title VI, Part I, Book Second of the Code
there shall be added the following new Title:
"Title VII
OF THE RIGHTS OF CHILDREN WHO ARE 
SUSPECTS OR ACCUSED PERSONS
The measures in this Title provided for the transposition of Directive 
(EU) 2016/800 of the European Parliament and of the Council of 11 
May 2016 on procedural safeguards for children who are suspects or 
accused persons in criminal proceedings.
Rules 
concerning 
certain rights of 
children. 534AGA. This Title lays down rules concerning
certain rights of children who are: 
(a) suspects or accused persons in criminal
proceedings; or
(b) subject to European arrest warrant
proceedings pursuant to Framework Decision
2002/584/JHA (hereinafter referred to as
"requested persons").
Scope. 534AGB. For the purpose of this Title, the expression:
 "child" means a person below the age of eighteen
(18):
Provided that where it is uncertain whether a
person has reached the age of eighteen (18), that person
shall be presumed to be a child;
"holder of parental responsibility" means any person
having parental responsibility over a child;
"Minister" means the Minister responsible for justice;
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"parental responsibility" means all rights and duties
relating to the person or the property of a child which are
given to a natural or legal person by judgment, by
operation of law or by an agreement having legal effects,
including rights of custody and rights of access.
Interpretation. 534AGC. (1) This Title applies to children who are
suspects or accused persons in criminal proceedings,
until the final determination of the question on whether
the suspect or accused person has committed a criminal
offence, including, where applicable, sentencing and the
resolution of any appeal.
(2) This Title applies to children who are requested
persons from the time of their arrest in the executing
Member State, in accordance with article 534AGP. 
(3) With the exception of article 534AGE, article
534AGH(3)(b), and article 534AGN, insofar as those
provisions refer to a holder of parental responsibility, the
provisions of this Title shall apply to persons as referred
to in sub-articles (1) and (2), where such persons were
children when they became subject to the proceedings
but have subsequently reached the age of eighteen (18),
and the application of this Title, or certain provisions
thereof, is appropriate in the light of all the
circumstances of the case, including the maturity and
vulnerability of the person concerned:
Provided that this Title shall not apply to
persons who have reached the age of twenty-one (21) at
any stage of the proceedings.
 (4) Nothing in this Title shall:
(a) affect the application of the provisions
in Title II, Part I, Book First which determine the
age of criminal responsibility; 
(b) prejudice the right of access to a lawyer
in accordance with Sub-title IX of Title I of Part I,
Book Second.
(5) Sub-articles (4) and (5) of article 355AU shall
apply mutatis mutandis  to this Title.
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Right to 
information.534AGD. (1) When children are made aware that
they are suspects or accused persons in criminal
proceedings, they shall be informed promptly of their
rights in accordance with Title VI, Part I of Book Second
and in accordance with this Title, and about the general
aspects of the conduct of the proceedings.
(2) The information referred to in sub-article (1)
shall be provided:
(a) promptly when children are made
aware that they are suspects or accused persons, in
respect of:
(i) the right to have the holder of
parental responsibility informed, as provided
for in article 534AGE;
(ii) the right to be assisted by a
lawyer, as provided for in article 534AGF;
(iii) the right to protection of privacy,
as provided for in article 531;
(iv) the right to be accompanied by
the holder of parental responsibility during
stages of the proceedings other than court
hearings, as provided for in article
534AGN(4);
 (b) at the earliest appropriate stage in the
proceedings, in respect of:
(i) the right to an individual
assessment, as provided for in article
534AGG;
(ii) the right to a medical
examination, including the right to medical
assistance, as provided for in article
534AGH;
(iii) the right to limitation of
deprivation of liberty and to the use of
alternative measures, including the right to
periodic review of detention, as provided for
in articles 534AGJ and 534AGK;
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(iv) the right to be accompanied by
the holder of parental responsibility during
court hearings, as provided for in article
534AGN(1);
(v) the right to appear in person at
trial, as provided for in article 534AGO;
(vi) the right to effective remedies;
(c) upon deprivation of liberty, in respect
of the right to specific treatment during deprivation
of liberty, as provided for in article 534AGL.
(3) The information referred to in sub-articles (1)
and (2) shall be given in writing, orally or both, in simple
and accessible language, and such information shall be
noted, using the recording procedure permitted by law.
(4) Where children are provided with a Letter of
Rights pursuant to Title VI, Part I, Book Second, such a
Letter shall include a reference to their rights under this
Title.
Right of the 
child to have 
the holder of 
parental 
responsibility 
informed.534AGE. (1) The Executive Police or any other law
enforcement or judicial authority, as the case may be,
shall provide the holder of parental responsibility, as
soon as possible, with the information that the child has a
right to receive, in accordance with article 534AGD.
(2) The information referred to in sub-article (1)
shall be provided to another appropriate adult who is
nominated by the child and accepted as such by the
Police or by any other law enforcement or judicial
authority, as the case may be, where providing that
information to the holder of parental responsibility:
(a) would be contrary to the child's best
interests;
(b) is not possible because, after reasonable
efforts have been made, no holder of parental
responsibility can be reached or his or her identity
is unknown; or 
(c) could, on the basis of objective and
factual circumstances, substantially jeopardise the
criminal proceedings:
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Provided that where the child has not nominated
another appropriate adult, or where the adult who has
been nominated by the child is not acceptable to the
Police or other law enforcement or judicial authority, as
the case may be, the latter shall, taking into account the
child's best interests, designate, and provide the
information to, another person. That person may also be
the representative of an authority or of another institution
responsible for the protection or welfare of children.
(3) Where the circumstances which led to the
application of sub-article (2)(a), (b) or (c) cease to exist,
any information that the child receives in accordance
with article 534AGD, and which remains relevant in the
course of the proceedings, shall be provided to the holder
of parental responsibility.
Assistance by a 
lawyer.534AGF. (1)Children who are suspects or accused
persons in criminal proceedings shall have the right of
access to a lawyer, in accordance with the provisions of
Sub-title IX of Title I of Part I of Book Second. Nothing
in this Title, in particular in this article, shall affect that
right. 
(2) Without prejudice to the generality of sub-
article (1), the rights referred to in articles 355AUA (1),
(2), (8)(b), (c) and (e) and 355AUB shall mutatis
mutandis  apply to children who are suspects or accused
persons under this Title:
Provided that where assistance by a lawyer is
not proportionate in the light of the circumstances of the
case, taking into account the seriousness of the alleged
criminal offence, the complexity of the case and the
measures that could be taken in respect of such an
offence, the right to assistance by a lawyer may be
derogated from insofar as this complies with the right to
a fair trial, it being understood that the child’s best
interests shall always be a primary consideration:
Provided further that the derogation in the
preceding proviso shall not apply and children shall
always be assisted by a lawyer in the following cases: 
(a) when they are brought before a
competent court or judge in order to decide on
detention at any stage of the proceedings within the
scope of this Title; and 
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(b) during detention: 
Provided further that deprivation of liberty shall
not be imposed as a criminal sentence, unless the child
has been assisted by a lawyer in such a way as to allow
the child to exercise the right of defence effectively and,
in any event, during the trial hearings before a court. 
(3) Where the child is to be assisted by a lawyer in
accordance with this Title but no lawyer is present, the
Executive Police or any other law enforcement or
judicial authority, as the case may be, shall postpone the
questioning of the child, or other investigative or
evidence-gathering acts as provided for in article
355AUA(8)(e), for a reasonable period of time in order
to allow for the arrival of the lawyer or, where the child
has not nominated a lawyer, to arrange a lawyer for the
child.
(4) In exceptional circumstances, and only at the
pre-trial stage, a temporary derogation from the
application of the rights provided for in article
355AUA(2), to the extent justified in the light of the
particular circumstances of the case, may be applied on
the basis of one of the following compelling reasons: 
(a) where there is an urgent need to avert
serious adverse consequences for the life, liberty or
physical integrity of a person; 
(b) where immediate action by the
investigating authorities is imperative to prevent
substantial jeopardy to criminal proceedings in
relation to a serious criminal offence: 
Provided that for the purposes of this sub-article the
expression "pre-trial stage" shall have the same meaning
as is assigned to it in article 355AUA(13). 
(5) In the application of sub-article (4) the child's
best interests shall be taken into account, and a decision
to proceed with questioning in the absence of a lawyer
under sub-article (4) shall be taken on a strictly case-by-
case basis either by the Police or by any other law
enforcement or judicial authority as the case may be:
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Provided that such decision may be appealed by
the holder of parental responsibility or another
appropriate adult as referred to in article 534AGE before
the Court of Appeal (Inferior Jurisdiction) within twelve
(12) days from such a decision. 
Right to 
individual 
assessment. 534AGG. (1)In the application of the provisions of
this Title, the specific needs of children concerning
protection, education, training and social integration
shall be taken into account. 
(2) For the purposes of sub-article (1), children who
are suspects or accused persons in criminal proceedings
shall be individually assessed. The individual assessment
shall, in particular, take into account the child's
personality and maturity, the child's economic, social and
family background, and any specific vulnerabilities that
the child may have:
Provided that the extent and detail of the
individual assessment may vary depending on the
circumstances of the case, the measures that can be taken
if the child is found guilty of the alleged criminal
offence, and whether the child has, in the recent past,
been the subject of an individual assessment.
(3) The individual assessment shall serve to
establish and to note, in accordance with the recording
procedure permitted by law, such information about the
individual characteristics and circumstances of the child
as might be of use to the Court when:
(a) determining whether any specific
measure to the benefit of the child is to be taken;
(b) assessing the appropriateness and
effectiveness of any precautionary measures in
respect of the child; 
(c) taking any decision or course of action
in the criminal proceedings, including when
sentencing. 
(4) The individual assessment shall be carried out at
the earliest appropriate stage of the proceedings and,
subject to sub-article (5), before the child is charged with
a criminal offence.
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(5) In the absence of an individual assessment, a
child may nevertheless be charged with a criminal
offence provided that this is in the child's best interests
and that the individual assessment is in any event
available at the beginning of the trial hearings before a
court.
(6) Individual assessments shall be carried out with
the close involvement of the child. They shall be carried
out by qualified personnel, following, as far as possible,
a multidisciplinary approach and involving, where
appropriate, the holder of parental responsibility, or
another appropriate adult as referred to in articles
534AGE and 534AGN, and, or a specialised
professional.
(7) If the elements that form the basis of the
individual assessment change significantly in the course
of the criminal proceedings, the Court shall order that the
individual assessment is updated throughout the criminal
proceedings.
(8) The Executive Police or other law enforcement
or judicial authority, as the case may be, following
consultation with the Director of the Department for
Social Welfare Standards, may derogate from the
obligation to carry out an individual assessment on a case
by case basis where such a derogation is warranted in the
circumstances of the case, provided that it is compatible
with the child's best interests.
Right to a 
medical 
examination. 534AGH. (1) Children who are deprived of liberty
shall have the right to a medical examination without
undue delay with a view, in particular, to assessing their
general mental and physical condition. The medical
examination shall be as non-invasive as possible and
shall be carried out by a physician or another qualified
healthcare professional.
(2) The results of the medical examination shall be
taken into account when determining the capacity of the
child to be subject to questioning, other investigative or
evidence-gathering acts, or any measures taken or
envisaged against the child.
(3) The medical examination shall be carried out
either on the initiative of the Court, in particular where
specific health indications call for such an examination,
or on a request by any of the following:
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(a) the child;
(b) the holder of parental responsibility or
another appropriate adult as referred to in articles
534AGE and 534AGN;
(c) the child's lawyer.
(4) The conclusion of the medical examination shall
be recorded in writing and, where required, medical
assistance shall be provided:
Provided that another medical examination shall
be carried out where the circumstances so require.
Audiovisual 
recording of 
interrogation. 534AGI. (1) Questioning of children by the Executive
Police or other law enforcement or judicial authorities
during criminal proceedings shall be audio-visually
recorded where this is proportionate in the circumstances
of the case, taking into account, inter alia , whether a
lawyer is present or not and whether the child is deprived
of liberty or not, provided that the child's best interests
are always a primary consideration.
(2) In the absence of audiovisual recording,
questioning shall be recorded in another appropriate
manner, such as by written minutes which are duly
verified.
(3) Any audiovisual recording or records of
questioning of children in any other manner shall be kept
confidential and shall not be publicly disseminated.
(4) This article shall be without prejudice to the
possibility to ask questions for the sole purpose of the
identification of the child without audiovisual recording.
Deprivation of 
liberty. 534AGJ. (1) The deprivation of liberty of a child, in
particular detention, at any stage of the proceedings shall
be imposed only as a measure of last resort and shall be
limited to the shortest appropriate period of time, taking
due account of the age and individual situation of the
child, and of the particular circumstances of the case.
 (2) Any detention of a child shall be based on a
reasoned decision, which shall be subject to appeal.
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(3) The decision referred to in sub-article (2) shall
be subject to periodic review by the Court acting ex
officio, commencing no later than six (6) months after the
decision imposing deprivation of liberty was adopted and
every six (6) months thereafter, for as long as the
decision remains in force: 
Provided that, without prejudice to judicial
independence, any decisions to be taken pursuant to this
sub-article shall be taken without undue delay.
Alternative 
measures.534AGK. The Executive Police and any other law
enforcement or judicial authority, as the case may be,
shall, where possible, have recourse to measures
alternative to detention.
Specific 
treatment in the 
case of 
deprivation of 
liberty. 534AGL. (1) Children who are detained shall be held
separately from adults, unless it is considered to be in the
child's best interests not to do so.
(2) Children who are kept in police custody shall be
held separately from adults, unless:
(a) it is considered to be in the child's best
interests not to do so; or
(b) in exceptional circumstances, it is not
possible in practice to do so, provided that children
are held together with adults in a manner that is
compatible with the child's best interests.
(3) Without prejudice to sub-article (1), when a
detained child reaches the age of eighteen (18), that
person may continue to be held separately from other
detained adults where warranted, taking into account the
circumstances of the person concerned, provided that this
is compatible with the best interests of children who are
detained with that person.
(4) Without prejudice to sub-article (1), and taking
into account sub-article (3), children may be detained
with young adults, unless this is contrary to the child's
best interests.
(5) When children are detained, the detention
authorities shall take appropriate measures to:
(a) ensure and preserve their health and
their physical and mental development;
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(b) ensure their right to education and
training, including where the children have
physical, sensory or learning disabilities;
(c) ensure the effective and regular
exercise of their right to family life;
(d) ensure access to programmes that foster
their development and their reintegration into
society; and
(e) ensure respect for their freedom of
religion or belief:
Provided that the measures taken pursuant to
this sub-article shall be proportionate and appropriate to
the duration of the detention.
(6) Paragraphs (a) and (e) of sub-article (5) shall
also apply to situations of deprivation of liberty other
than detention. The measures taken shall be
proportionate and appropriate to such situations of
deprivation of liberty.
(7) Paragraphs (b), (c), and (d) of sub-article (5)
shall apply to situations of deprivation of liberty other
than detention only to the extent that is appropriate and
proportionate in the light of the nature and duration of
such situations.
(8) Children who are deprived of liberty shall be
allowed to meet with the holder of parental responsibility
as soon as possible, where such a meeting is compatible
with investigative and operational requirements, without
prejudice to the nomination or designation of another
appropriate adult pursuant to article 534AGE or article
534AGN.
Timely and 
diligent 
treatment of 
cases. 534AGM. (1) The Police and other law enforcement
and judicial authorities shall ensure that criminal
proceedings involving children are treated as a matter of
urgency and with due diligence.
(2) The Police and other law enforcement and
judicial authorities shall ensure that children are always
treated in a manner which protects their dignity and
which is appropriate to their age, maturity and level of
understanding, and which takes into account any special
needs, including any communication difficulties, that
they may have.
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Right of the 
child to be 
accompanied by 
holder of 
parental 
responsibility 
during the 
proceedings.534AGN. (1) Children shall have the right to be
accompanied by the holder of parental responsibility
during court hearings in which they are involved.
(2) A child shall have the right to be accompanied
by another appropriate adult who is nominated by the
child and accepted as such by the Court where the
presence of the holder of parental responsibility
accompanying the child during court hearings:
(a) would be contrary to the child's best
interests;
(b) is not possible because, after reasonable
efforts have been made, no holder of parental
responsibility can be reached or his or her identity
is unknown; or
(c) would, on the basis of objective and
factual circumstances, substantially jeopardise the
criminal proceedings:
Provided that where the child has not nominated
another appropriate adult, or where the adult that has
been nominated by the child is not acceptable to the
Court, the Court shall, taking into account the child's best
interests, designate another person to accompany the
child. That person may also be the representative of an
authority or of another institution responsible for the
protection or welfare of children.
(3) Where the circumstances which led to an
application of paragraphs (a), (b) or (c) of sub-article (2)
cease to exist, the child shall have the right to be
accompanied by the holder of parental responsibility
during any remaining court hearings.
(4) In addition to the right provided for under sub-
article (1), children shall have the right to be
accompanied by the holder of parental responsibility, or
by another appropriate adult as referred to in sub-article
(2), during stages of the proceedings other than court
hearings at which the child is present where the
competent law enforcement or judicial authority
considers that:
(a) it is in the child's best interests to be
accompanied by that person; and
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Addition of new 
articles to the 
Code.9. Immediately after article 572 of the Code there shall be added
the following new articles:(b) the presence of that person will not
prejudice the criminal proceedings.
Right of 
children to 
appear in 
person at, and 
participate in, 
their trial.534AGO. (1) Children shall have the right to be
present at their trial and to participate effectively in the
trial, including the opportunity to be heard and to express
their views. 
(2) Children who were not present at their trial shall
have the right to a new trial or to another legal remedy, in
accordance with, and under the conditions set out in Sub-
title XII of Part I of Book Second. 
European arrest 
warrant 
proceedings.534AGP. The rights referred to in articles 534AGD,
534AGE, 534AGF and 534AGH, articles 534AGJ to
534AGN and article 570 shall apply mutatis mutandis , in
respect of children who are requested persons, upon their
arrest pursuant to European arrest warrant proceedings in
the executing Member State. 
Training. 534AGQ. (1) The Minister responsible for home
affairs shall ensure that staff of law enforcement
authorities and of detention facilities who handle cases
involving children, receive specific training to a level
appropriate to their contact with children with regard to
children's rights, appropriate questioning techniques,
child psychology, and communication in a language
adapted to the child.
(2) Without prejudice to the independence of the
judiciary, the Minister responsible for justice shall take
appropriate measures to ensure that judges and
prosecutors who deal with criminal proceedings
involving children have specific competence in that field,
effective access to specific training, or both.
(3) The Minister responsible for justice shall take
appropriate measures to promote the provision of
specific training as referred to in sub-article (2) to
lawyers who deal with criminal proceedings involving
children.".
"Advocate 
assigned to be 
replaced.572A. The court may upon the request of a suspect,
accused persons or of a requested persons referred to in
article 355AT(2)(c), where the circumstances so justify,
order that the advocate assigned to them be replaced. 
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Passed by the House of Representatives at Sitting No. 317 of the 1st
April, 2020.Vulnerable 
suspects, 
vulnerable 
accused 
persons and 
vulnerable 
persons.572B. (1) The Executive Police and any other law
enforcement or judicial authority shall ensure that the
particular needs of vulnerable suspects, vulnerable
accused persons and vulnerable persons who are the
subject of European arrest warrant proceedings pursuant
to Framework Decision 2002/584/JHA are taken into
account in the application of the provisions of this Sub-
title. 
(2) For the purposes of this Sub-title, the expression
"vulnerable person" shall have the same meaning as is
assigned to it by article 208AC(2).".
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
_________________________________________________________________________________________________________________________
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