Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 190A
190A. (1) This Sub-title establishes rules concerning the
combating of fraud and other illegal activities affecting the E uropean
Union’s financial interests.
(2) In respect of revenue arising from V AT own resources, this
Sub-title shall apply only in cases of serious offences against the
common V AT system. For the purposes of this Sub-title, offences
against the common V AT system sha ll be considered to be serious
where the intentional acts or omi ssions defined in paragraph (d ) of
article 190C are connected with the territory of Malta and anot her
Member State or Member States of the European Union and involve a
88 CAP. 9.] CRIMINAL CODE
total damage of at least ten million euro (€10,000,000).
(3) Nothing in this Sub-title shall affect the structure and
functioning of the tax ad ministration of Malta.
(4) The sanctions for the offences under this Sub-title shall be
without prejudice to the exercise of disciplinary powers by the
competent authorities against public officers.
(5) The application of administr ative measures, penalties and
fines as laid down in European Union law, in particular those w ithin
the meaning of Articles 4 and 5 of Regulation (EC, Euratom) No.
2988/95, or in national law adopted in compliance with a specif ic
obligation under European Union law, shall be without prejudice to
this Sub-title. Any cr iminal proceedings ini tiated on the basis of this
Sub-title shall not unduly affect t he proper and effective appl ication of
administrative measures, penalties and fines that cannot be equ ated to
criminal proceedings, laid down in European Union or national l aw.
Interpretation.
Amended by:
XIV .2023.2.
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.