Cap. 570 чл. 19Evidence.
PART I
(1) Without prejudice to the provisions of this article and of article 20 and except where and insofar as any law regulating procedures before a court of law may apply, the Commissioner may from time to time require any person who in his opinion may give information related to a matter under investigation by the Commissioner, to give that information and to produce documents, files or things which in the opinion of the Commissioner are related to the matter aforesaid and which may be in the possession or control of that person. person concerned in the investigation, and require them to give evidence and to produce documents in their possession or under their custody in such circumstances and in the same manner as they could be required to give evidence or produce documents before a court of law.
(3) Summonses for attendance of witnesses may be in the form set out in the Third Schedule to this Act or in such other form as may be appropriate to the case, and shall be signed by the Commissioner.
(4) A summons may be served either by hand or through the post. In any case additional service may also be made by electronic means by sending the summons to the official electronic address of the person summoned. When a summons is notified by hand it shall be served either personally to the person summoned or at the place of residence, of work or of business of the person summoned and it shall be proved by the signature of the recipient who may not be a person under the age of sixteen years. When a summons is served through the post it must be proved that it was properly addressed and that it was sent by registered post and that it arrived at the place to which it was addressed.
(5) Any person summoned as aforesaid who refuses, or without sufficient cause fails, to attend at the time and place mentioned in the summons, or refuses, without sufficient cause to answer or to answer fully and satisfactorily, to the best of his knowledge and belief all questions put to him by the Commissioner, or refuses or fails, without sufficient cause, to produce any document he was required to produce by the Commissioner shall be guilty of contempt of the Commissioner and shall be liable to an administrative penalty, after being given the opportunity to be heard, which may be imposed by the Commissioner of not less than fifty euro (€50) and of not more than two thousand and five hundred euro (€2,500). The said administrative penalty shall be enforceable as a civil debt in favour of the Commissioner:
Provided that, without prejudice to the generality of the provisions of sub-article (2), no person giving evidence before the Commissioner may be compelled to answer any question which tends to expose him to any criminal prosecution, and every such person shall, in respect of any evidence given by him before the Commissioner, be entitled to the same privileges to which a witness giving evidence before a court of law is entitled. before the Commissioner shall be deemed to be proceedings taking place before a court and the person to be heard shall be deemed to be a person testifying in those proceedings. For the purpose of determining the applicable punishment as may be necessary in proceedings for perjury under this sub-article the allegation being inquired into or adjudicated by the Commissioner shall be deemed to be liable to the punishment to which it would have been liable had the same fact taken place before a court of law.
(7) Where the Commissioner considers that any person summoned to give evidence before him or who without having been summoned voluntarily gives evidence before him, may have committed a criminal offence provided for under this Act or related to proceedings under this Act he shall refer the matter to the Commissioner of Police for further investigation and warranted action.