S.L. 217.14 · Minimum Standards On Sanctions And (S.L. 217.14)

S.L. 217.14 Art. 8Liability of legal persons.

In KraftAmtlicher Text

(1) Where the person found guilty of an offence under these regulations is the director, manager, secretary or other principal officer of a body corporate or is a person having a power of representation of such a body or having an authority to take decisions on behalf of that body or having authority to exercise control within that body and the offence of which that person was found guilty was committed for the benefit, in part or in whole, of that body corporate, the said person shall for the purposes of these regulations be deemed to be vested with the legal representation of the same body corporate which shall be liable to the payment of a fine (multa) not exceeding two thousand and five hundred euro (€2,500).

(2) The provisions of sub-regulation (1) shall apply where a person is found guilty of an offence under these regulations sohowever that the body corporate shall for such offence, without prejudice to any other penalty that may have been incurred under any other law, be liable to the punishment of a fine (multa) not exceeding two thousand and five hundred euro (€2,500).

(3) A body corporate may be held liable where the lack of supervision or control, by a person referred to in sub-regulation (1), has made possible the commission of the criminal offence referred to in these regulations for the benefit of that legal person by a person under its authority.

(4) Liability of a legal person under sub-regulations (1) and (2) shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in any of the offences referred to in these regulations.

(5) Without prejudice to any other punishment to which the offence may be liable under any other law, where the offender is a body corporate liable to punishment under the provisions of sub-regulations (2) and (3) the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, may, at the request of the prosecution, order -

(a) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity;

(b) the temporary or permanent closure of any establishment which may have been used for the commission of the offence;