Criminal Code (Cap. 9), article 190C

190C. (1) Whosoever intentionally commits fraud affecting the European Union’s financial interests shall be liable, on convic tion, to imprisonment for a term of six (6) months to four (4) years. (2) For the purposes of this Sub-title, the following shall be regarded as fraud affecting the European Union’s financial inte rests: (a) in respect of non-procurement-related expenditure, any act or omission relating to: ( i ) t h e u s e o r p r e s e n t a t i o n o f f a l s e , i n c o r r e c t or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds or assets from the European Union budget or budgets managed by the European Union, or on its behalf; (ii) non-disclosure of information in violation of a specific obligation, w ith the same effect; or (iii) the misapplication of such funds or assets for purposes other than those for which they were originally granted; (b) in respect of procurement-related expenditure, at least when committed in order to make an unlawful gain for the perpetrator or another by causing a loss to the European Union' s financial interests, any ac t or omission relating to: ( i ) t h e u s e o r p r e s e n t a t i o n o f f a l s e , i n c o r r e c t 90 CAP. 9.] CRIMINAL CODE or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds or assets from the European Union budget or budgets managed by the European Union, or on its behalf; (ii) non-disclosure of information in violation of a specific obligation, w ith the same effect; or (iii) the misapplication of such funds or assets for purposes other than those for which they were originally granted, which da mages the European Union's financial interests; (c) in respect of revenue other than revenue arising from V AT own resources referred to in paragraph (d), any act or omission relating to: (i) the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal diminution of the resources of the European Union budget or budgets managed by the European Union, or on its behalf; (ii) non-disclosure of information in violation of a specific obligation, w ith the same effect; or (iii) misapplication of a legally obtained benefit, with the same effect; (d) in respect of revenue arising from V AT own resources, any act or omission committed in cross-border fraudulent schemes in relation to: (i) the use or presentation of false, incorrect or incomplete V AT-related statements or documents, which has as an effect the diminution of the resources of the European Union budget; (ii) non-disclosure of V AT-related information in violation of a specific obligation, with the same effect; or (iii) the presentation of correct V AT-related s t a t e m e n t s f o r t h e p u r p o s e s of fraudulently disguising the non-payment or wrongful creation of rights to V AT refunds. Penalties. 190D. (1) Any public officer who, directly or through an intermediary, requests or receiv es advantages of any kind for h imself or for a third party, or accepts a promise of such an advantage , to act or CRIMINAL CODE [CAP. 9. 91 to refrain from acting in accordance with his duty or in the ex ercise of his functions in a way which dam ages or is likely to damage the European Union's financial interests shall be liable, on convic tion, to imprisonment for a term of six (6) months to four (4) years. (2) Whosoever promises, offers o r gives, directly or through an intermediary, an advantage of any kind to a public officer for himself or for a third party for him to act or to refrain from acting i n accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the European Union's finan cial interests shall on conviction be liable to a term of imprisonme nt of six (6) months to four (4) years. Mis- appropriation against the European Union’s financial interests.