Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 84

Official PDF on legislation.mt

84. (1) A person may be disqualified perpetually or for a time to practice the profession of advocate on the recommendati on of the Commission for the Administr ation of Justice, if that perso n: (a) is no longer a fit and proper person; Cap. 373. S.L. 373. 01. (b) has seriously, repeatedly or systematically failed to satisfy his obligations under the Prevention of Money Laundering Act or the Prevention of Money Laundering and Funding of Terrorism Regulations; (c) has been found guilty by a court of law of a crime affecting public trust or theft or of fraud or of knowingly receiving property obtained by theft or fraud or of any crime punishable by a term of imprisonment exceeding one (1) year with the exception of involuntary offences; and (d) is considered to suffer from an infirmity of mind that seriously affects the ex ercise of hi s profession. (2) The temporary or permanent withdrawal, by the competent authority in the Member State in which the advocate acquired th e right to use the professional title, of the authorisation to pr actice the profession shall automatically lead to the advocate being temporarily or permanently prohi bited from practicing in Malta. (3) The disqualification referred to in sub-article (1) shall be declared by the President of Malta by means of a letter to the 30 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE registrars of the Courts of Malta and Gozo and to the advocate so disqualified, unless the advocate is interdicted by means of a final judgment delivered by a court: Provided that the Committee may advise the President of Malta to remove the disqualification as aforesaid. The Chamber of Advocates. Added by: XIX.2021.8.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.