Cap. 326 Art. 19Attorney General may grant exemption from criminal proceedings. Cap.220.
(1) Subject to the provisions of this article, the Attorney
General may, if in his individual judgment he is satisfied of the advisability so to do, issue a certificate in writing exempting any person mentioned therein from any criminal proceedings on condition that such person gives evidence according to law of all the facts known to him relating to any corrupt practice or any offence connected therewith before the Commission and, or, any court of criminal jurisdiction, and on the issue of such certificate and the giving evidence in accordance therewith by the person to whom it refers, no proceedings before a court of criminal jurisdiction may be taken or continued against him in connection with such corrupt practice or any offence connected therewith.
(2) The Attorney General may grant the certificate mentioned in subarticle (1) either after a request to that effect by the Commission, or without any such request whenever the necessity so to do is otherwise brought to his notice.
(3) The request by the Commission shall be made in writing and shall contain all the pertinent details as may be requested by the Attorney General, and such a request shall be sent to the Attorney General in confidence and such request by the Commission shall not be deemed to be a breach of the provisions of article 15. of the Commission be kept in the records of the Commission;
(b) when the evidence is first to be given before the Commission and the certificate is issued by the Attorney General without a request from the Commission, shall be transmitted by the Attorney General to the Commission together with a report on the facts as known to him of the corrupt practice requiring investigation and the Commission shall either hear such witness in any investigation before it on such alleged corrupt practice or, if such investigation is not yet initiated, initiate the same accordingly. The Commission shall keep such certificate in its records;
(c) when the evidence is first to be given before a court of criminal jurisdiction, be exhibited in court by a representative of the Attorney General.
(5) A copy of any certificate issued by the Attorney General under the provisions of this article and kept in the records of the Commission shall be produced at the request of the witness in any proceedings against him before a court of criminal jurisdiction.
(6) The Attorney General may issue a certificate under the provisions of this article notwithstanding any opposition by the witness.
(7) For the purpose of this article "court of criminal jurisdiction" includes any court-martial under the Malta Armed
Forces Act. SCHEDULE
[Article 14]
A. Form of oath to be taken by Chairman or member of Commission or person assisting Commission.
I, .......................... having been appointed to be Chairman of/ member of/person assisting the Permanent Commission Against Corruption do swear/solemnly affirm that I will faithfully, fully, impartially and to the best of my ability discharge the trust and perform the duties devolving upon me by virtue of the said appointment. So help me God.
[Article 10] B. Summons to Witnesses
(The Permanent Commission Against Corruption Act)
To A.B. (name of person summoned and residence) You are hereby summoned to appear before at (place) on (date and time) and to give evidence respecting (the matter of the inquiry). Given under my hand this day of 19
(Signature of Chairman or other member)