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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 257Disclosing of professional secrets.

Sub-title X

In forceOfficial text

If any person, who by reason of his calling, profession or office, becomes the depositary of any secret confided in him, shall, except when compelled by law to give information to a public authority, disclose such secret, he shall on conviction be liable to a fine (multa) not exceeding forty-six thousand and five hundred and eighty-seven euro and forty-seven cents (€46,587.47) or to imprisonment for a term not exceeding two years or to both such fine and imprisonment:

Provided that, notwithstanding the provisions of any other law, it shall be a defence to show that the disclosure was made to a competent public authority in Malta or outside Malta investigating any act or omission committed in Malta and which constitutes, or if committed outside Malta would in corresponding circumstances constitute -

(a) any of the offences referred to in article 22(2)(a)(1) of the Dangerous Drugs Ordinance; or

(b) any of the offences referred to in article 120A(2)(a)(1) of the Medical and Kindred Professions Ordinance; or

(c) any offence of money laundering within the meaning of the Prevention of Money Laundering Act:

Provided further that the provisions of the first proviso of this article shall not apply to a person who is a member of the legal or the medical profession.

Amendment history
  • Amended by L.N. 407 of 2007