Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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S.L. 545.18 · Quality Of Fuels Regulations (S.L. 545.18)

S.L. 545.18 Art. 13Criminal offences. Penalties. Cap. 9. Cap. 9. Cap. 9.

In KraftAmtlicher Text

(1) Any person shall be guilty of an offence under these regulations if:

(a) he fails to comply with any provision of these regulations or with any order lawfully given in terms of any provision of these regulations; or

(b) he conspires with or aids, or abets, any other person by whatever means, not to comply with any any provision of these regulations or with any order lawfully given in terms of any provision of these regulations.

(2) Any person who commits an offence against these regulations shall, on conviction and unless otherwise specifically provided elsewhere in these regulations, be liable to a fine (multa) of not less than ten thousand euro (€10,000) but not exceeding sixty-nine thousand eight hundred euro (€69,800) or to imprisonment for a term not exceeding eighteen months, or to both such fine and imprisonment: Provided that whenever any person is found guilty of committing an offence under these regulations by means of a vehicle, the owner of the said vehicle is held liable in the same manner and degree: Provided further that the court shall order any person who has been found guilty of committing an offence against these regulations to pay for the expenses incurred by the public entities and, or other persons acting on their behalf, the revocation of the permit issued by the public entity whichever it may be, and the confiscation of the corpus delicti.

(3) The provisions of articles 23 and 30(1) of the Criminal Code shall, mutatis mutandis, apply to proceedings, in respect of offences against these regulations, so however that the disqualification from holding or obtaining a licence, permit or authority shall in no case be for less than one year.

(4) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts of criminal judicature.

(5) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations.