Possible that warranted lawyers have past crimes as police conduct only ‘extract’ of full record

It is possible that lawyers who have been warranted have had past crimes which are present not in the police conduct record but in the full criminal record sheet, the fedina penale, according to Law Faculty Dean Kevin Aquilina, in his opinion piece today.

In the piece, Aquilina debates the meaning of ‘good conduct’ and ‘good morals’ in light of the granting of the warrant to two law graduates who have undergone criminal proceedings in the past.

“Although a police conduct certificate is issued in terms of law – the Conduct Certificates Ordinance, Chapter 77 of the Laws of Malta – it must be pointed out that when prospective law graduates apply for their advocate warrant exam, they do not produce their full criminal record sheet, the socalled fedina penale, but an extract thereof – the police conduct certificate,” he said, adding “This might possibly be the case with the other professions.

“It must be borne in mind that in terms of the Conduct Certificates Ordinance, with the passage of time, certain criminal offences are removed from the police conduct certificate,” he continued.

“This does not, therefore, necessarily provide a complete picture to the judges carrying out the warrant exam. The situation would be totally different had a fedina penale been produced.

“Hence, as the law is applied today (not as it is written down), there may be cases where a person had committed a criminal offence in the past, and was absolved thereof through its non-inclusion in the police conduct certificate.”

Earlier this month, it was confirmed that Justice Minister Owen Bonnici will be signing the warrants of two lawyers who were discovered to have a criminal record. The subject raised much controversy.