ARTICLE · 14 JUNE 2023

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Administrative Penalties: The Right To A Fair Hearing

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The case Insignia Cards Limited (the "Plaintiff") vs. il- Korp ghall-Analizi ta' Informazzjoni Finanzjarja u L-Avukat Tal-Istat (the "Defendant", the "FIAU") was brought before the Constitutional Court...

MaltaGovernment, Public Sector

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The case Insignia Cards Limited (the "Plaintiff") vs. il- Korp ghall-Analizi ta' Informazzjoni Finanzjarja u L-Avukat Tal-Istat (the "Defendant", the "FIAU") was brought before the Constitutional Court (the "Court") on the 24 May 2023, and was presided over by Honourable Judge Lawrence Mintoff. This case is a landmark judgement which found that the current laws and regulations governing the FIAUs processes are in breach of the right to a fair hearing.

Facts of the Case

The Plaintiff is claiming that the Prevention of Money Laundering Act (Chapter 373 of the Laws of Malta), the Prevention of Money Laundering and Funding of Terrorism Regulations (Subsidiary Legislation 373.01) and the FIAU Implementing Procedures are not based on the principle of "nullum crimen, nulla poena sine lege" and that they are in breach of the fundamental right to a fair hearing.

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