Criminal Code (Cap. 9), article 121

121. (1) The provisions of this Sub-title shall apply to and in relation to any person who is entrusted with or has functions relating to the administration of a statutory or other corporat e body having a distinct legal personality, or who is employed with su ch a body, as they apply to or in relation to an officer or person r eferred to in article 112 or a public officer or servant referred to in article 115. (2) Articles 115 to 117, article 119 and article 120(1) and (2) shall apply to and in relation to jurors as they apply to or in relation to a public officer o r servant referred to in article 115: Provided that the term "juror" shall in any case include a lay person acting as a member of a collegial body which has the responsibility of deciding on th e guilt of an accused person in the framework of a trial within the j udicial system of a state othe r than Malta. (3) The provisions of this Sub-title in relation to an officer o r person referred to in article 1 12 or a public officer or servan t referred to in article 115 shall also apply to and in relation to any employee or other person when directing or working in any capacity for or on behalf of a natural or legal person operatin g in the private sector who knowingly, in the course of his business activities, directly or through an intermediary and in breach o f his duties, conducts himself in any manner provided for in those articles: Provided that for the purposes of this sub-article the expression "breach of duty" includes any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business in question. (4) The provisions of this Sub-title shall also apply to any conduct falling within the descriptions set out in the provisio ns of this Sub-title and in which is involved: (a) a p u b l i c o f f i c e r o r s e r v a n t o f a n y f o r e i g n S t a t e including any member of a domestic public assembly of any foreign State which exercises legislative or administrative powers; or (b) any officer or servant, or any other contracted employee, of any international or supranational organization or body or of any of its institutions or bodies, or any other person carrying out functions corresponding to those performed by any said officer, servant or contracted employee; or (c) a n y m e m b e r o f a p a r l i a m e n t a r y a s s e m b l y o f a n y international or supranational organisation; or (d) any holder of judicial office or any official of any international court; or (e) any member, officer or serv ant of a Local Council; or (f) any person mentioned in the preceding paragraphs and the offence was committed outside Malta by a Maltese CRIMINAL CODE [CAP. 9. 69 citizen or by a permanent resident in Malta; For the purposes of this paragraph, the phrase "permanent resident" shall have the same meaning assigned to it by article 5(1)( d); or (g) as the person who committed the offence, any person mentioned in paragraph ( b) and the organisation, institution or body in question has its headquarters in Malta; (h) any person: Cap. 387. (i) called upon to act as arbitrator in accordance with the provisions of the Arbitration Act , whether such arbitration is domestic or international; (ii) who by virtue of an arbitration agreement is called upon to render a legally binding decision in a dispute submitted to such person by the parties to the agreement; and (iii) who is an arbitrator exercising his functions under the national legislation of any state other than Malta: Provided that: (i) where the person involved is any person mentioned in paragraphs ( a), ( b), ( d) or ( e) the provisions of articles 115, 116, 117 and 120 shall apply; and (ii)where the person involved is any person mentioned in paragraph ( c) the provisions of articles 118 and 120 shall apply. Trading in influence. Added by: III.2002.29. Amended by: VI.2007.2; XXXI.2007.8; IV .2013.6.