CRIMINAL CODE
[CAP. 9.
121D. Where an offence under this title has been committed by a
person who at the time of the said offence is the director, manager,
secretary or other principal officer of a body corporate or is a
person having a power of representation of such a body or having
an authority to take decisions on behalf of that body or having
authority to exercise control within that body and the said offence
was committed for the benefit, in part or in whole, of that body
corporate, the said person shall for the purposes of this title be
deemed to be vested with the legal representation of the same body
corporate which shall be liable to the payment of a fine (multa) of
not less than twenty thousand euro (€20,000) and not more than
two million euro (€2,000,000), which fine may be recovered as a
civil debt and the sentence of the Court shall constitute an
executive title for all intents and purposes of the Code of
Organization and Civil Procedure:
67
Corporate liability
for offences under
this title.
Added by:
III. 2002.29.
Amended by:
L.N. 407 of 2007.
Substituted by:
VIII. 2015.8.
Cap. 12.
Provided that where legal representation no longer vests in
the said person, for purposes of this article, legal representation
shall vest in the person occupying the office in his stead or in such
person as is referred to in this article.
121E. The provisions of article 248E(4) shall apply mutatis
mutandis to any person found guilty of any of the offences under
this sub-title.
Applicabilty of
article 248E(4) of
the Code.
Added by:
XXXI. 2007.9.
§ OF ABUSES COMMITTED BY ADVOCATES AND LEGAL
P ROCURATORS
122. Any advocate or legal procurator who, having already
commenced to act on behalf of one party, shall, in the same lawsuit,
or in any other involving the same matter and interest, in opposition
to such party or to any person claiming under him, change over,
without the consent of such party or person, and act on behalf of the
opposite party, shall, on conviction, be liable to a fine (multa), and
to temporary interdiction from the exercise of his profession for a
term from four months to one year.
Prevarication by
advocate or legal
procurator.
123. Any advocate or legal procurator who shall betray the
interests of his client in such a manner that, in consequence of his
betrayal or deceitful omission, the client shall lose the cause, or any
right whatsoever shall be barred to his prejudice, shall, on
conviction, be liable to imprisonment for a term from seven to
eighteen months, and to perpetual interdiction from the exercise of
his profession.
Betrayal of
interests of client.
Amended by:
XLIX. 1981.4.
§ O F M ALVERSATION BY P UBLIC O FFICERS AND S ERVANTS
124. Any public officer or servant who shall overtly or covertly
or through another person take any private interest in any
adjudication, contract, or administration, whether he holds wholly
or in part the direction or superintendence thereof, or held such
Private interest in
adjudications, etc.