القانون الجنائي (الفصل 9)، مالطة

Schedule A Fees payable to the Executive Police in Cases instituted on
the Complaint of the Injured Party.

Schedule B Fees payable in the Registry in Cases instituted on the
Complaint of the Injured Party.

Schedule C Fees payable to Legal Practitioners before the Court of
Magistrates -Criminal Jurisdiction.

Schedule D

Title.

Classification of offences.

Amended by:

XI. 1900.1.

Actions arising from an offence.

Amended by: VI.1871.1.

Nature of criminal action.

Amended by:

L.N. 46 of 1965;

LVIII. 1974.68;

XXVII. 1975.2;

III. 2002.2.

Prosecution.

Persons subject to prosecution.

Amended by: VI.1899.1; XI.1899.107; I.1903.1; XXXI.1966.2; XXXIII.1972.2; XI.1973.377; XXIV.1975.2;

XXIX. 1990.2;

XVII. 1996.19;

III. 2002.3;

XIII. 2002.10;

XXIV. 2002.13.

1. Offences are divided into crimes and contraventions.
2. (1) Every offence gives rise to a criminal action and a civil action.

(2)

The criminal action is prosecuted before the courts of criminal jurisdiction, and the punishment of the offender is thereby demanded.

(3)

The civil action is prosecuted before the courts of civil jurisdiction, and compensation for the damage caused by the offence is thereby demanded.

4. (1) The criminal action is essentially a public action and is vested in the State and is prosecuted in the name of the Republic of Malta, through the Executive Police or the Attorney General, as the case may be, according to law.

(2) A criminal action is prosecuted ex officio in all cases where the complaint of the private party is not requisite to set the action in motion or where the law does not expressly leave the prosecution of the action to a private party.

5. (1) Saving any other special provision of this Code or of any other law conferring jurisdiction upon the courts in Malta to try offences, a criminal action may be prosecuted in Malta

(a)

against any person who commits an offence in Malta, or on the sea in any place within the territorial jurisdiction of Malta;

(b)

against any person who commits an offence on the sea beyond such limits on board any ship or vessel belonging to Malta;

(c)

against any person who commits an offence on board any aircraft while it is within the air space of Malta or on board any aircraft belonging to Malta wherever it may be;

For the purposes of this paragraph the expression

"air space" means the air space above the land areas

(d) without prejudice to the preceding paragraphs of this subarticle, against any citizen of Malta or permanent resident in Malta who in any place or on board any ship or vessel or on board any aircraft wherever it may be shall have become guilty of the offences mentioned in article 54A or of an offence against the safety of the Government or of the offences mentioned in articles 133, 139A, or of the offences mentioned in articles 311 to 318 and in article 320 when these are committed or are directed against or on a state or government facility, an infrastructure facility, a public place or a place accessible to the public, a public transportation system, or of forgery of any of the Government debentures referred to in article 166 or of any of the documents referred to in article 167, or of the offence mentioned in article 196, or of any other offence against the person of a citizen of Malta or of any permanent resident in Malta;

residence or for such other purpose connected with the diplomatic service of Malta; or

(ii) commits an offence in a place outside Malta when such person enjoys diplomatic immunity by virtue of such service;

(g)

against any person who being in Malta, shall be a principal or an accomplice in any of the crimes referred to in article 87(2), or in articles 139A, 198, 199, 211, 214 to 218, 220, 249 to 251, 298, or in articles 311 to 318 or in article 320 when these are committed in the circumstances mentioned in paragraph (d) or (e) of this subarticle, or in a crime which is committed by any act as is mentioned in paragraph (e)(ii) of this subarticle, or conspires with one or more persons for the purpose of committing any of the said crimes, although the crimes shall have been committed outside Malta;

(h)

against any person in respect of whom an authority to proceed, or an order for his return, following a request by a country for his extradition from Malta, is not issued or made by the Minister responsible for justice on the ground that the said person is a Maltese citizen or that the offence for which his return was requested is subject to the death penalty in the country which made the request, even if there is no provision according to the laws of Malta other than the present provision in virtue of which the criminal action may be prosecuted in Malta against that person;

(i)

against any person who commits an offence which, by express provision of law, constitutes an offence even when committed outside Malta:

Exception. Provided that no criminal action shall be prosecuted against the President of Malta in respect of acts done in the exercise of the functions of his office.

(2)

For the purposes of subarticle (1)(b) and (c), a ship or vessel or an aircraft shall be deemed to belong to Malta if it is registered in Malta or, if it is not registered anywhere, is owned wholly by persons habitually resident in Malta or by bodies corporate established under and subject to the laws of Malta and having their principal place of business in Malta.

(3)

For the purposes of subarticle (1)(e):

"a protected person" means, in relation to an alleged offence, any of the following:

(a)

a person who at the time of the alleged offence is a Head of State, a member of a body which performs the functions of Head of State under the constitution of the State, a Head of Government or a Minister for Foreign Affairs and is outside the territory of the State in which he holds office;

(b)

a person who at the time of the alleged offence is a

"relevant premises" means premises at which a protected person resides or is staying or which a protected person uses for the purpose of carrying out his functions as such a person; and

"vehicle" includes any means of conveyance;

and if in any proceedings a question arises as to whether a person is or was a protected person, a certificate issued by or under the authority of the Minister responsible for foreign affairs and stating any fact relating to the question shall be conclusive evidence of that fact.

6. The criminal action and the civil action are prosecuted independently of one another.

Punishments to which crimes and contraventions are subject.

Amended by: II.1886.1; XVI.1888.1; XI.1900.2; IX.1911.1; XXI.1971.2; XLIX.1981.4.

Punishment restrictive of personal liberty.

Imprisonment.

Solitary confinement.

Amended by:

XLIX. 1981.4.;

III. 2002.4

OF PUNISHMENTS AND GENERAL RULES FOR
THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE,
OF ACCOMPLICES AND OF RECIDIVISTS

OF PUNISHMENTS AND GENERAL RULES FOR THEIR
APPLICATION

OF PUNISHMENTS TO WHICH OFFENCES ARE SUBJECT

7. (1) Saving the exceptions laid down in the law, the punishments that may be awarded for crimes are

(2)

Subject to the provisions of article 53 or of any other special law, the punishments that may be awarded for contraventions are

(a)

detention;

(b)

fine (ammenda);

(c)

reprimand or admonition.

(3)

The expression "punishments restrictive of personal liberty" includes the punishments of imprisonment and detention.

8. (1) Persons sentenced to imprisonment shall be confined in the prison or in that part of the prison appointed for persons sentenced to that punishment, and they shall be subject to the restrictions prescribed in the prison regulations lawfully made.

(2) The duration of the punishment of imprisonment is established by law in each particular case.

9. (1) The punishment of solitary confinement is carried into effect by keeping the person sentenced to imprisonment, during one or more terms in the course of any such punishment, continuously shut up in the appointed place within the prison, without permitting any other person, not employed on duty nor specially authorized by the Minister responsible for the prisons, to have access to him.

(2)

No term of solitary confinement shall exceed ten continuous days.

(3)

More terms of solitary confinement may only be applied with an interval of two months between one term and another.

(4)

Nevertheless, solitary confinement may be applied during those intervals in case of any infringement of the prison regulations, or for any other offence committed during the said intervals, provided that the terms be of short duration and that they shall not together exceed fifteen days in any one interval.

(5)

Where the law prescribes the punishment of solitary confinement and does not specify the particular number of terms, it shall not be lawful to inflict more than twelve terms of solitary confinement.

(6)

The punishment of solitary confinement is applied in the cases prescribed by law.

(7)

Before awarding the punishment of solitary confinement the court shall satisfy itself, if necessary by medical evidence, which may include a medical examination of the person convicted, that the person convicted is fit to undergo the said punishment.

(8)

Where, in the course of the execution of the punishment of solitary confinement, the medical officer of the prison certifies in writing that the prisoner is no longer fit to undergo such punishment, the execution of that punishment shall be suspended until such time as the prisoner is again certified to be medically fit to undergo such punishment.

10. (1) Interdiction is either general or special.

(2)

General interdiction disqualifies the person sentenced for any public office or employment, generally.

(3)

Special interdiction disqualifies the person sentenced from holding some particular public office or employment, or from the exercise of a particular profession, art, trade, or right, according to the law in each particular case.

five years, except where the law especially prescribes a longer time.

(6)

Interdiction, whether for life or for a stated time, may, upon the application of the person sentenced to such punishment and on good grounds being shown to the satisfaction of the court by which the sentence was awarded, be discontinued at any time by order of the said court.

Publication of sentence of interdiction.

Penalty for non-fulfilment of obligations.

Fine (multa). Amended by: XI.1900.4; XII.1914.1; XXII.1934.2; XXVII.1938.2; V.1956.2; III.1971.2; XXXIII.1972.3; XXII.1976.4. Substituted by: XIII.1980.2. Amended by:

XIII. 1983.5;

III. 2002.5;

L.N. 407 of 2007.

Detention.

Amended by:

IV. 1874.1; II.1886.2: XVI.1888.2; XXV.1962.3;

L.N.4 of 1963;

L.N.46 of 1965;

XXXI. 1966.2. Substituted by:

III. 2002.6.

Fine (ammenda). Amended by:

II. 1886.3;

XVI. 1888.3;

XI. 1900.5;

IX. 1911.2; XII.1914.2,3; XXII.1934.3; V.1956.3; III.1971.3; XIII.1980.3; XIII.1983.5;

L.N. 407 of 2007.

(7)

The court shall order a sentence awarding general or special interdiction or a decree ordering the discontinuance thereof to be published in the Gazette, but, in respect of a decree ordering discontinuance as aforesaid, at the expense of the person concerned.

(8)

If any person sentenced to interdiction, shall infringe any of the obligations arising from that punishment, he shall, on conviction, be liable to imprisonment for a term not exceeding three months and to a fine (multa).

11. (1) Where it is not otherwise specifically provided, the maximum of a fine (multa) is one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and the minimum is twenty-three euro and twenty-nine cents (23.29).

(2)

Where the maximum of a fine (multa) prescribed in this Code or in any other law is less than twenty-three euro and twenty-nine cents (23.29), the maximum shall be twenty-three euro and twenty-nine cents (23.29) and the minimum shall be eleven euro and sixty-five cents (11.65).

(3)

In default of payment of a fine (multa) within the period prescribed in article 14, such fine (multa) shall be converted into imprisonment at the rate of one day for every eleven euro and sixty-five cents (11.65):

Provided that in no case (save as provided in article 17(g) and in article 29(1)) shall imprisonment in substitution of a fine (multa) exceed six months if the fine is not higher than four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75), one year if the fine is not higher than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73), eighteen months if the fine is not higher than sixty-nine thousand and eight hundred and eighty-one euro and twenty cents (69,881.20) and two years if it is higher than sixty-nine thousand and eight hundred and eighty-one euro and twenty cents (69,881.20).

12. (1) Persons sentenced to detention shall be detained in the prison or in that part of the prison appointed for persons sentenced to that punishment.

(2) Where it is not otherwise specifically provided, no term of detention shall exceed two months.

13. (1) Where it is not otherwise specifically provided, the maximum of a fine (ammenda) is fifty-eight euro and twenty-three cents (58.23) and the minimum is six euro and ninety-nine cents (6.99).

(2) In default of payment of a fine (ammenda) within the period prescribed in article 14, the fine (ammenda) shall be converted into detention at the rate of one day for every eleven euro and sixty-five cents (11.65) or fraction thereof:

Provided that in no case (save as provided in article 29(1), in article 17(g) and in article 53) shall detention in substitution for a fine (ammenda) exceed one month.

14. (1) A person sentenced to a fine (ammenda or multa) shall pay the same forthwith. Nevertheless the court may, for a reason to be recorded, order that the person sentenced shall pay the fine to the registrar within such period as the court in passing sentence shall direct:

Provided that, in the case of a fine (ammenda) of fifty-eight euro and twenty-three cents (58.23) or less, the said period shall not be more than ten days, and, in the case of a fine (ammenda) of more than fifty-eight euro and twenty-three cents (58.23), or in the case of a fine (multa), the said period shall not be more than one month:

Provided that in default of payment of the fine (multa or ammenda) within the time laid down by the court in its sentence or, failing a time-limit in the sentence, within the time of one week from the date of the sentence, the said fine shall be converted forthwith into imprisonment or detention as provided in articles 11 and 13 as the case may be, and the police shall, by virtue of the authority conferred upon them by the sentence and by this proviso, arrest the person sentenced and shall escort him to the place designated according to law for the confinement of persons sentenced to a fine convertible into imprisonment or detention according to law:

Provided further that the court may, notwithstanding the provisions of articles 11 and 13, in passing sentence of a fine (ammenda or multa) determine any other period of detention or imprisonment which the offender shall undergo in default of payment thereof forthwith or within the prescribed time, as the case may be; but the period of detention or imprisonment so determined shall in no case exceed the period laid down in articles 11 and 13, respectively.

(2) The court may also in its discretion in passing sentence or at any time thereafter direct that any fine (ammenda or multa) to which any person is sentenced, may be paid by instalments in such amounts and in relation to such recurrent intervals as the court may deem fit, but so nevertheless that the period over which the whole amount shall be paid shall in no case exceed three years, and that in default of payment of any one such instalment the whole of the amount outstanding shall become and be immediately due and payable, and all the provisions of this Code applicable to a sentence of fine (ammenda) or of fine (multa) and to arrest and detention or imprisonment, as the case may be, in default of payment thereof, shall apply to the same accordingly.

Reprimand or admonition.

Repealed by: II.1886.4. and re-enacted by: XVI.1888.4.

Reckoning of punishment.

Concurrent offences and punishments.

Amended by: IX.1859.1;

XI. 1900.6; IX.1911.3,4; XII.1914.4; XXXIII.1972.4; XXXVIII.1973.2;

XLIX. 1981.4,6; XVI.1996.6.

15. (1) The reprimand or admonition shall be made in open court by the judge or magistrate who tried the offence.

(2) Whosoever shall receive the reprimand or admonition with overt acts of contempt or want of respect, shall be liable to detention or to a fine (ammenda).

GENERAL PROVISIONS RESPECTING THE INFLICTION AND EXECUTION OF PUNISHMENTS

1. Where the punishment is for a term of days, a day of punishment shall be reckoned at twenty-four hours; where the punishment is for a term of months, but not more than three months, each month shall be reckoned at thirty days; where the punishment is of longer duration, the months and years shall be reckoned according to the calendar.
1. In the case of concurrent offences and punishments, the following provisions shall apply:
1. a person guilty of more than one crime liable to punishments restrictive of personal liberty, one of which is for life, shall be sentenced to this punishment with the addition of solitary confinement;
2. a person guilty of more than one crime liable to temporary punishments restrictive of personal liberty, shall be sentenced to the punishment for the graver crime with an increase varying from one-third to one-half of the aggregate duration of the other punishments, provided the period to be awarded shall not exceed thirty-five years;
1. a person guilty of more than one contravention shall be sentenced to the punishment established for each contravention:
2. Provided that if the accused is sentenced to detention, the aggregate duration of the punishment to be awarded shall in no case exceed the period of three months;
3. a person guilty of one or more crimes and of one or more contraventions, shall only be sentenced to the punishment established for the crime or to the punishment to which the offender may be liable for the commission of more crimes according to the rules laid down in the preceding paragraphs, if the punishment to be inflicted for the crimes is not less than three months’ imprisonment. Where the punishment to be inflicted for the crimes is less than three months’ imprisonment, the punishment established for the contravention or the punishment to which the offender may be liable for the commission of more

1. Where the several acts committed by the offender, even if at different times, constitute violations of the same provision of the law, and are committed in pursuance of the same design, such acts shall be deemed to be a single offence, called a continuous offence, but the punishment may be increased by one or two degrees.
2. Every punishment established for any offence shall be deemed to be so established without prejudice to any higher punishment prescribed for the offence in any other law, whenever the circumstances mentioned in such other law concur in the offence.
3. When the law expressly provides that a punishment shall not be awarded in its minimum, the punishment to be awarded shall always include at least one-third of the difference between the minimum and the maximum.
4. Saving the provisions of article 492, the court may, for special and exceptional reasons to be expressly stated in detail in the decision, apply in its discretion any lesser punishment which it deems adequate, notwithstanding that a minimum punishment is prescribed in the article contemplating the particular offence or under the provisions of article 20, saving the provisions of article 7.

Computation of sentences of imprisonment.

Added by:

VI. 1947.6. Substituted by:

III. 2002.8.

Forfeiture of

corpus delicti. Amended by:

VI. 1947.7;

XXXI. 2007.3.

Freezing of property of person accused.

Added by:

III.

2002.9. Amended by:

III.

2004.69.

Cap. 373.

Cap. 101. Cap. 31.

1. Except in the case of a sentence of imprisonment for life or of imprisonment or detention in default of payment of a fine (multa or ammenda), any time prior to conviction and sentence during which the person sentenced is in prison for the offence or offences for which he has been so convicted and sentenced, not being time in prison in execution of a sentence, shall count as part of the term of imprisonment or detention under his sentence; but where he was previously subject to a probation order, an order for conditional discharge or to a suspended sentence in respect of such offence or offences, any such period falling before that order was made or suspended sentence passed shall be disregarded for the purposes of this article:
2. Provided that where any time prior to conviction as aforesaid has, by virtue of this article, been counted as part of the term of imprisonment or detention under the sentence in respect of that conviction, such time shall not be counted as part of the term of imprisonment or detention under any other sentence.
1. (1) The forfeiture of the corpus delicti, of the instruments used or intended to be used in the commission of any crime, and of anything obtained by such crime, is a consequence of the punishment for the crime as established by law, even though such forfeiture be not expressly stated in the law, unless some person who has not participated in the crime, has a claim to such property.

(2)

In case of contraventions, such forfeiture shall only take place in cases in which it is expressly stated in the law.

(3)

In the case of things the manufacture, use, carrying, keeping or sale whereof constitutes an offence, the forfeiture thereof may be ordered by the court even though there has not been a conviction and although such things do not belong to the accused.

(4) Notwithstanding the provisions of subarticles (1) to (3), where the Attorney General communicates to a magistrate a request by a foreign authority for the return of an article obtained by criminal means for purposes of restitution to its rightful owner, the court may after hearing the parties and if it deems it proper so to act after taking into consideration all the circumstances of the case, order that the forfeiture of any such article shall not take place and that the article shall be returned to the requesting foreign authority.

23A. (1) In this article, unless the context otherwise requires:

"relevant offence" means any offence not being one of an involuntary nature other than a crime under the Ordinances or under the Act, liable to the punishment of imprisonment or of detention for a term of more than one year;

"the Act" means the Prevention of Prevention of Money Laundering Act;

"the Ordinances" means the Dangerous Drugs Ordinance and the Medical and Kindred Professions Ordinance.

(2) Where a person is charged with a relevant offence the provisions of article 5 of the Act shall apply mutatis mutandis and the same provisions shall apply to any order made by the Court by virtue of this article as if it were an order made by the Court under the said article 5 of the Act.

23B. (1) Without prejudice to the provisions of article 23 the court shall, in addition to any punishment to which the person convicted of a relevant offence may be sentenced and in addition to any penalty to which a body corporate may become liable under the provisions of article 121D, order the forfeiture in favour of the Government of the proceeds of the offence or of such property the value of which corresponds to the value of such proceeds whether such proceeds have been received by the person found guilty or by the body corporate referred to in the said article 121D.

(1A) Any property, whether in Malta or outside Malta, of or in the possession or under the control of any person convicted of a relevant offence or in the possession or under the control of a body corporate as may become liable under the provisions of article 121D shall, unless proved to the contrary, be deemed to be derived from the relevant offence and be liable to confiscation or forfeiture by the court.

(1B) The provisions of article 7 of the Act shall mutatis mutandis apply sohowever that any reference in that article to "article 3(3)" shall be construed as a reference to subarticle (1A) of this article and any reference in the said article 7 to "an offence under article 3" shall be construed as a reference to a relevant offence.

(2) Where the proceeds of the offence have been dissipated or for any other reason whatsoever it is not possible to identify and forfeit those proceeds or to order the forteiture of such property the value of which corresponds to the value of those proceeds the court shall sentence the person convicted or the body corporate, or the person convicted and the body corporate in solidum, as the case may be, to the payment of a fine (multa) which is the equivalent of the amount of the proceeds of the offence. The said 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.

(3) For the purposes of this article:

"proceeds" means any economic advantage and any property derived from or obtained, directly or indirectly, through the commission of the offence and includes any income or other benefits derived from such property;

"property" means assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets;

"relevant offence" and "the Act" have the same meaning assigned to them by article 23A(1).

Forfeiture of property derived from criminal activity.

Added by:

XXXI. 2007.5.

Cap. 101.

Liability of person having the charge of another, in case of contravention.

Added by: VIII.1909.2.

Abolition of disabilities arising out of punishments.

Amended by: VI.1871.2;

XXI. 1971.5.

Right of civil action unaffected.

Amended by:

VIII. 1909.3.

Difference between punishment at the time of the offence and that at the time of trial.

Rules as to the serving of punishments.

Amended by:

XII. 1914.5.

23C. (1) Where it is established that the value of the property of the person found guilty of a relevant offence is disproportionate to his lawful income and the court based on specific facts is fully convinced that the property in question has been derived from the criminal activity of that person, that property shall be liable to forfeiture.

(2) When a person has been found guilty of a relevant offence and in consequence thereof any moneys or other movable property or any immovable property is liable to forfeiture, the provisions of article 22(3A)(b) and (d) of the Dangerous Drugs Ordinance shall apply mutatis mutandis in the circumstances mentioned in those paragraphs.

1. In the case of any contravention committed by a person who is under the authority, control or charge of another person, not only the person committing the contravention but also such other person shall be liable to punishment, if the contravention is against some provision the observance of which such other person was bound to enforce, and if the contravention could have been prevented by the exercise of diligence on the part of such other person.
2. All disabilities arising, under the provisions of any law whatsoever, out of any punishment, are abolished.
3. (1) Any sentence to a punishment established by law shall always be deemed to have been awarded without prejudice to the right of civil action.

(2) A pardon commuting or remitting a punishment lawfully awarded shall not operate so as to bar the civil action.

1. If the punishment provided by the law in force at the time of the trial is different from that provided by the law in force at the time when the offence was committed, the less severe kind of punishment shall be awarded.
2. (1) When more punishments of the same kind are awarded at the same time against the same offender, they shall be undergone one after the termination of the other; if they are of different kinds, the heavier punishment shall be undergone first, and immediately on its termination, the less severe punishment shall commence.

(2)

If any person, while actually undergoing one punishment, shall be sentenced to another punishment either of the same or of a less severe kind, he shall continue to undergo the first punishment, and immediately on its termination, he shall undergo the second punishment.

(3)

If the second punishment be heavier than the first, the person sentenced shall at once be subjected to the second punishment, and on its termination, he shall immediately revert to the first punishment and undergo the remainder thereof.

(4)

The punishment of interdiction shall take effect from the date of the sentence awarding such punishment.

28A. (1) Subject to subarticles (2) to (7) and to articles 28B to 28I, a court which passes a sentence of imprisonment for a term of not more than two years for an offence may order that the sentence shall not take effect unless, during a period specified in the order, being not less than one year or more than four years from the date of the order, the offender commits another offence punishable with imprisonment and thereafter a court competent to do so orders under article 28B that the original sentence shall take effect; and in this article and whenever it occurs in articles 28B to 28G and in article 28I "operational period", in relation to a suspended sentence, means the period so specified.

(2)

A court shall not deal with an offender by means of a suspended sentence unless the case appears to the court to be one in which a sentence of imprisonment would have been appropriate in the absence of any power to suspend such a sentence by an order under subarticle (1).

(3)

A court which passes a suspended sentence on any person for an offence shall not make in his case a probation order, as provided in the Probation Act, in respect of another offence of which he is convicted by or before the court or for which he is dealt with by the court.

(4)

On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under article 28B if during the operational period he commits an offence punishable with imprisonment.

(5)

A suspended sentence which has not taken effect shall for all intents and purposes of law be deemed, except as provided in subarticle (1), to be a sentence awarding punishment and nothing in this article shall be deemed to effect

(a)

the applicability of any other punishment which may be awarded, or any suspension, cancellation, disqualification, forfeiture, loss or removal which may be ordered, together with the punishment of imprisonment so suspended; and

(b)

the operation of articles 383, 384, 385, 386, 387 and

(5A) Without prejudice to the provisions of article 28F, the punishment awarded under a suspended sentence when that sentence has not taken effect shall, for the purposes of article 50, be deemed to have expired on the expiration of the original operational period referred to in subarticle (1) or of the operational period substituted therefore as provided in article 28B(2)(b).

(6)

The provisions of subarticle (1) shall not apply to any imprisonment awarded in default of payment of a fine (multa) or of costs.

(7)

An order under subarticle (1) shall not be made in any of the following cases

Cap. 446.

Commission of an offence during the operational period.

Added by:

XXIX. 1990.3.

(a)

where the person sentenced is already serving a sentence of imprisonment;

(b)

where the person sentenced is a recidivist within the terms of article 50;

(c)

where the offence has been committed during a period of probation or of conditional discharge under the Probation Act.

(8)

The registrar shall keep a special register of offenders dealt with by means of a suspended sentence.

28B. (1) Where an offender is convicted of an offence punishable with imprisonment committed during the operational period of a suspended sentence and either he is so convicted by or before a court competent under article 28C to deal with him in respect of the suspended sentence or he subsequently appears or is brought before such a court, then, unless the sentence has already taken effect, that court shall order that the suspended sentence shall take effect.

(2)

If the further offence committed during the operational period is of an involuntary nature or if, in the case of any other kind of offence, the court is of opinion, in view of all the circumstances including the facts of such further offence, that it would be unjust to make an order under subarticle (1), it may deal with the offender by one of the following methods

(a)

it may abstain from making an order under subarticle

(1) and the operational period shall then remain in force; or

(b)

it may by order vary the original order under article 28A(1) by substituting for the operational period specified therein a period expiring not later than four years from the date of the variation:

Provided that if it does not make an order under subarticle

(1)

the court shall state its reasons.

(3)

In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Criminal Court any question whether the offender has been convicted of an offence punishable with imprisonment committed during the operational period of the suspended sentence shall, notwithstanding the provisions of article 436(2) and of article 467, be determined by the court and not by the verdict of a jury.

(4)

Where a court deals with an offender under this article in respect of a suspended sentence passed by another court the registrar shall, by means of a copy, notify forthwith the court which passed the sentence of the method adopted.

(5)

Where a court deals with an offender under this article the registrar shall make the necessary annotations in the special register mentioned in article 28A(8).

28C. (1) An offender may be dealt with in respect of a suspended sentence by the Court of Criminal Appeal, by the Criminal Court or, where the sentence was passed by the Court of Magistrates, by such court.

(2)

Where an offender is convicted by the Court of Magistrates of an offence punishable with imprisonment and the court is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Criminal Court, that court shall commit the offender in custody or on bail before the Criminal Court for the purpose of being dealt with in respect of the suspended sentence:

Provided that where the Court of Magistrates is of the opinion that the appropriate punishment for the further offence is imprisonment, the provisions of article 28E(3) shall apply.

(3)

For the purposes of this article and of articles 28D and 28E

(a)

a suspended sentence passed on an offender on appeal shall be deemed to have been passed by the court from which the appeal was made;

(b)

the Juvenile Court shall be deemed to be a Court of Magistrates (Malta) or a Court of Magistrates (Gozo), as the case may be.

28D. (1) If it appears to the Court of Criminal Appeal, to the Criminal Court or to the Court of Magistrates that an offender has been convicted of an offence punishable with imprisonment committed during the operational period of a suspended sentence and that he has not been dealt with in respect of the suspended sentence, that court shall, either ex officio or on the application of the Attorney General or of the Executive Police, as the case may require, issue a summons ordering the offender to appear before it on a date and at a time specified therein, or a warrant for his arrest.

(2) A summons or warrant issued under this article shall direct the offender to appear or to be brought before the court in order to be dealt with in respect of the suspended sentence.

28E. (1) Where an offender is sentenced for more than one crime in accordance with the provisions of article 17(b), an order under article 28A(1) may be made if the single term of imprisonment deemed appropriate and fixed by the court in the sentence so suspended does not exceed two years and if the other conditions for a suspended sentence to be passed apply.

(2) Deleted by: III. 2002.13.

(3) Where the Court of Magistrates convicts an offender of an offence punishable with imprisonment committed during the operational period of a suspended sentence passed by the Criminal Court, it shall, after making the declaration of guilt of the offender in respect of such offence and stating its conclusion, where it is so satisfied, that the appropriate punishment for that offence is imprisonment, refer the case for the determination of the punishment to the Criminal Court by committing the offender to

Recidivists.

Added by: XXIX.1990.3.

Suspended sentence supervision order.

Added by:

XXIX. 1990.3. Amended by:

III. 2002.14;

L.N. 407 of 2007.

Cap. 446.

that court as provided in article 28C(2) without pronouncing the term of imprisonment for the further offence:

Provided that if the Criminal Court does not make an order under article 28B(1), it shall determine the term of imprisonment for the further offence only.

(5) No court dealing with an offender as provided in article 28C and in this article may vary the term of imprisonment awarded in the suspended sentence by reducing such term, except in so far as may be necessary for the purpose of compliance with the provisions of article 17(b).

28F. In dealing with an offender for an offence punishable with imprisonment committed during the operational period of a suspended sentence the court shall consider him a recidivist within the meaning of article 49 for the purpose of assessing any punishment to which he is liable for such further offence, but the punishment awarded under the suspended sentence shall not be taken into account for the purposes of article 50 unless such sentence has taken effect and until the expiration or remission of such punishment.

28G. (1) Where a sentence of more than six months imprisonment is suspended in accordance with the provisions of article 28A(1), the court may in addition make a suspended sentence supervision order (hereinafter referred to as "a supervision order") placing the offender under the supervision of a supervising officer for a period specified in the order, being a period not exceeding the operational period.

(2)

A supervision order shall specify the name, address and other identification particulars of the offender, and the supervising officer shall be a probation officer appointed under the Probation Act and named in the supervision order; and the supervision order may moreover require the offender to comply, during the whole or any part of the period of supervision, with such requirements as may be imposed by the court under the provisions of article 7 of the said Act.

(3)

An offender in respect of whom a supervision order is in force shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.

(4)

The court by which a supervision order is made shall cause a copy of the order to be served forthwith on the supervising officer.

(5)

A supervision order shall cease to have effect if before the end of a period specified in it

(a)

a court orders that the suspended sentence passed in the proceedings in which the supervision order was made shall have effect; or

(b)

the order is discharged or replaced in accordance with

(6)

A supervision order may be discharged on the application of the supervising officer or the offender by the court which made the order. If such order was made on appeal, the court from which the appeal was made shall be deemed to be the court which made the order.

(7)

The court which made the supervision order may replace it by an order extending its duration in accordance with any variation of the operational period of the suspended sentence made under article 28B(2).

(8)

On making or replacing a supervision order the court shall explain its effect in ordinary language to the offender.

(9)

If at any time while the supervision order is in force it appears to the court that made the order, on the written report of the supervising officer, that the offender has failed to comply with any of the requirements of subarticles (2) and (3), the court shall cause the offender to be brought before it on an appointed day and at an appointed time, and if the court, after hearing the offender, is satisfied that such failure has occurred, it may either in serious or repeated cases order that the suspended sentence passed in the proceedings in which the supervision order was made shall have effect or, without prejudice to the continuation of the order, impose on him a fine (ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94).

28H. (1) When making an order for suspended sentence under subarticle (1) of article 28A, the court may enter in such order a direction obliging the offender to make restitution to the injured party of anything stolen or knowingly received or obtained by fraud or other unlawful gain by the offender to the detriment of such party by or through the offence to which the suspended sentence relates, or to pay to such party such sum of money as may be determined by the court in that direction as compensation for any such loss as aforesaid or for any damages or other injury or harm caused to such party by or through the offence; and any such order may include both a direction to make restitution and, in default, to pay as aforesaid.

(2)

In any case in which it enters such a direction in its order under article 28A(1) the court shall, in that direction, fix the time-limit, not being longer than six months from the date of the direction, within which the restitution or payment of compensation specified in the direction shall be made by the offender.

(3)

The court shall determine the amount of any compensation directed to be paid under this article after summarily hearing the parties, if they so wish, and any other evidence, including that of experts, it may deem relevant, but the amount of compensation so determined shall be without prejudice to the rights of either of the parties, or any other person interested, ensuing from the final liquidation of the amount due, if any, as may be subsequently agreed or adjudicated upon in a civil action or in any other manner permitted by law.

Appeals.

Added by:

XXIX. 1990.3.

Procedure in default of payment of fine (ammenda or multa). Amended by: IV.1856.2; II.1886.5; XVI.1888.5;

XII. 1914.6;

XXII.

1934.5;

I.

1939.2;

III. 2002.15.

(4)

If the offender fails to comply with a direction entered under this article within the time fixed by the court in that direction, the court shall on the sworn application of the party to whom such restitution or compensation is due, to be served on the offender, appoint a date and time not later than seven days from the date of service of the application, for hearing the parties.

(5)

If the court, after such hearing, is satisfied that the offender has failed to comply with its direction under this article, it shall order that the suspended sentence shall take effect. The court may, however, for reasonable cause, grant to the offender a further peremptory period not exceeding one month, for complying with the direction.

(6)

The court shall abstain from taking cognizance of an application as is mentioned in subarticle (4) if such application is filed after the lapse of three months from the expiration of the time-limit fixed by the court for compliance with such direction.

(7)

On entering a direction under this article the court shall explain to the offender in ordinary language his liability under this article if he fails to comply with that direction.

28I. (1) For the purposes of any right of appeal an order made by a court under article 28B(1) or article 28H(5) that a suspended sentence shall take effect shall be treated as a sentence passed on the offender by that court for the offence for which the suspended sentence was passed.

(2)

Nothing in this article shall affect the right of appeal of any person against conviction or sentence provided for in this Code but no appeal shall be permitted on any of the following matters:

(a)

the length of the operational period fixed under article 28A(1);

(b)

any variation of the operational period made under article 28B(2)(b);

(c)

any direction entered under article 28H for the making of restitution or the payment of compensation, the length of the time-limit fixed for the making of such restitution or the payment of such compensation under subarticle (2) of that article, or the determination of the amount of compensation payable under subarticle

29. (1) Any person sentenced to the payment of a fine (ammenda or multa) and who is granted the benefit of time by order of the court according to the provisions of article 14(2), and who does not pay such fine in accordance with the conditions laid down in the same order, shall be liable to be arrested and brought before the court; and the court, upon ascertaining the identity of the person sentenced and that payment has not been paid according to the conditions of the order, shall commit such person to undergo the detention or imprisonment prescribed in substitution for the fine (ammenda or multa), or in substitution of the balance of the fine (ammenda or multa) still unpaid, as the case may be. The arrest shall take place upon a warrant to be issued by the court.

(2)

The aforesaid warrant shall be issued within four days from the date of any breach of the conditions laid down by the court in its order or from the date of the expiration of the period prescribed for payment under article 14:

Provided that no plea in favour of the person sentenced shall be admissible by reason of the fact that the issue of such warrant was, for any reason whatsoever, delayed beyond the said period of four days.

(3)

The court may, on the application of the Police and on reasonable cause being shown, upon hearing the person sentenced, determine the period prescribed under article 14 at any time during the course of such period and commit the person sentenced to undergo the punishment prescribed in substitution for the fine (ammenda or multa).

(4)

A person sentenced may at any time obtain his release from the substituted punishment by paying the fine (ammenda or multa) with the deduction of such amount thereof as corresponds to the portion of the punishment undergone at the rates laid down in articles 11 and 13 respectively, and also at similar rates may obtain his release from any unexpired period of detention or imprisonment awarded to him under the provisions of subarticle (1).

30. (1) Without prejudice to the provisions of any other law imposing or authorising the suspension or cancellation of, or disqualification from holding or obtaining, any warrant, licence, permit or other authority held from the Government or any other public authority, where any person is convicted, whether as a principal or an accomplice, of a criminal offence which has been committed

the court may, in addition to sentencing the person convicted as aforesaid to any punishment provided by law for the offence, order such person to be disqualified from holding or obtaining, for such time as the court deems fit, such warrant, licence, permit or authority.

(2) Where, by virtue of a conviction under this Code or any other law, any person has a warrant, licence, permit or authority suspended, or is disqualified from holding or obtaining any warrant, licence, permit or authority, the court may, on the application of such person, as it thinks expedient, having regard to his character, to his conduct subsequent to the conviction, to the

Scale of punishments.

Amended by: IV.1856.3,4,5; V.1868.2, 3; VI.1871.3; II.1886.6;

XVI. 1888.6; XI.1900.9; IX.1911.6;

XXI. 1971.6;

XLIX. 1981.4; XVI.1996.6.

nature of the offence and to any other circumstances of the case, and after hearing the Police in the case of an application before the Court of Magistrates or the Attorney General in the case of an application before any other court, either remove the suspension or disqualification as from such date as it may specify or refuse the application:

Provided that, where an application under this subarticle is refused, a further application thereunder shall not be entertained if made within three months after the date of the refusal.

OF THE ASCENT AND DESCENT FROM ONE PUNISHMENT TO
ANOTHER

31. (1) The ascent or descent from one degree of punishment to another shall be as follows:

(a)

subject to any special provision contained in this Code, from the punishment of imprisonment for life the descent shall be in accordance with the scale of punishments of imprisonment as specified in paragraph (b);

(b)

subject to any special provision contained in this Code, the following shall be the scale of punishments of imprisonment:

(i)

from eight years to thirty years,

(ii)

from seven to twenty years,

(iii) from six to twelve years,

(iv)

from five to nine years,

(v)

from four to six years,

(vi)

from three to five years,

(vii) from two to four years,

(viii) from eighteen months to three years,

(ix)

from thirteen months to two years,

(x)

from nine to eighteen months,

(xi)

from seven months to one year,

(xii) from five to nine months,

(xiii) from two to six months,

(xiv) from one to three months;

(c)

the descent from the fourteenth degree shall be to imprisonment for a term not exceeding twenty days, or to detention or to a fine (ammenda);

(d)

in the ascent from one degree to another, the order shall be inverted, commencing from the fourteenth degree;

(2) The law establishing in general terms a descent from one punishment to another, shall not be deemed to include cases of contraventions or of crimes liable to the punishments for contraventions.

32. (1) Where the punishment includes a latitude of more degrees, the ascent or descent shall be made by raising or lowering the maximum and the minimum to the nearest degree respectively.

(2) When the punishment of solitary confinement is added to another punishment, the ascent or descent shall be reckoned on such other punishment:

Provided that in cases of descent, the court may restrict the punishment of solitary confinement to any smaller number of terms or omit such punishment altogether.

33. Every person is exempt from criminal responsibility if at the time of the act or omission complained of, such person

33A. (1) Where an offence is committed by a person who is a prisoner the punishment for the offence shall in case of a conviction be increased by one or two degrees and the provisions of articles 21 and 28 of the Probation Act shall not apply.

(2) For the purposes of this article ''prisoner'' has the same meaning assigned to it by article 2 of the Prisons Act and includes a prisoner deemed to be confined in a prison according to the provisions of article 3(3) of the same Act.

Intoxication. 34. (1) Save as provided in this article, intoxication shall not

Added by:

XIII. 1935.2. Amended by:

(2) Intoxication shall be a defence to any criminal charge if

V. 1956.8.

(a)

by reason thereof the person charged at the time of the act or omission complained of was incapable of understanding or volition and the state of intoxication was caused without his consent by the malicious or negligent act of another person; or

(b)

the person charged was by reason of the intoxication insane, temporarily or otherwise, at the time of such act or omission.

(3)

Where the defence under subarticle (2) is established, then, in a case falling under paragraph (a) thereof, the person charged shall be discharged, and, in a case falling under paragraph (b), the provisions of articles 620 to 623 and 625 to 628 shall apply.

(4)

Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention specific or otherwise, in the absence of which he would not be guilty of the offence.

(5)

For the purposes of this article "intoxication" shall be deemed to include a state produced by narcotics or drugs.

Minors under nine 35. (1) Minors under nine years of age shall be exempt from years.

Amended by: III.1899.10 ; XI.1900.11; XII.1913.1. Substituted by: V.1956.9. Amended by: XVIII.1980.15;

XIII. 1983.5;

XXIX. 1990.4;

L.N. 407 of 2007.

Minors under (2) Minors under fourteen years of age shall likewise be fourteen years

exempt from criminal responsibility for any act or omission done

acting without discretion.

Powers of court. (3) Nevertheless, in any of the cases referred to in subarticles

(1) and (2), the court may, on the application of the Police, require the parent or other person charged with the upbringing of the minor to appear before it, and, if the fact alleged to have been committed by the minor is proved and is contemplated by the law as an offence, the court may bind over the parent or other person to watch over the conduct of the minor under penalty for noncompliance of a sum of not less than eleven euro and sixty-five cents

(11.65) and not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), regard being had to the means of the person bound over and to the gravity of the fact.

(4) If the fact committed by the minor is contemplated by the law as an offence punishable with a fine (ammenda), the court may, in lieu of applying the provisions of subarticle (3), award the punishment against the parent or other person charged with the upbringing of the minor, if the fact could have been avoided by his diligence.

(5) For the purpose of the application of the provisions of the preceding subarticles of this article, the parent or other person charged with the upbringing of the minor as aforesaid, shall be required to appear, by summons, in accordance with the provisions contained in Book Second of this Code.

36. Saving the powers of the Minister under the Children and Young Persons (Care Orders) Act, minors under the age of fourteen but over nine who, acting with a mischievous discretion, shall commit an offence, shall be liable on conviction to the punishments established for contraventions:

Provided that the court may instead of sentencing the minor to a punishment apply the provisions of article 35(3) or (4):

Provided also that where the court is of the opinion that, when it takes into account the age of the offender, his previous conduct, the gravity of the fact of which he has been convicted and the degree of mischievous discretion shown by the offender as it appears from his conduct by which the offence was committed and from all the other circumstances of the offence, the punishments established for contraventions would not be appropriate, the court may sentence the person convicted to the punishment laid down for the offence decreased by three degrees provided that in no case may the punishment exceed four years imprisonment.

37. If the offender has attained the age of fourteen but is under the age of eighteen years, the punishment applicable to the offence shall be diminished by one or two degrees.

38. Repealed by: XVIII. 1980.15.

^*39. (1) Deaf-mutes, who at the time of the offence have not attained the age of fourteen years, shall be exempted from any punishment established by law:

Provided that the provisions contained in article 35(3), (4) and (5) may be applied to such persons.

(2) Deaf-mutes, who at the time of the offence have attained

*The references, in this article, to subarticle (6) of article 35 and to “Industrial School” and “House of Correction” have been omitted in view of the repeal of the said subarticle (6) of article 35 and of article 38, by Act XVIII. 1980.15.

the age of fourteen years and who have acted without a mischievous discretion, shall likewise be exempted from punishment:

Provided that the provisions contained in article 35(3), (4) and (5) may be applied to such persons.

Other rules 40. The following rules shall be observed in the case of deaf-concerning deaf

mutes.
Added by: (a) if at the time of the offence they have attained the age

III.1899.13 .

of fourteen but not the age of eighteen years, the

Amended by:
XI.1900.13 ; provisions contained in articles 36 and 37 shall apply;
XXI.1971.7;

XLIX. 1981.4. (b) if at the time of the offence they have attained the age of eighteen years

(i)

in the case of a crime liable to the punishment of imprisonment for life, they shall be liable to imprisonment for a term not exceeding twenty years;

(ii)

in the case of any other crime, they shall be liable to the punishment established by law diminished by one-third;

(iii) in the case of contraventions, they shall be liable to the punishments established for contraventions.

Attempted crime. 41. (1) Whosoever with intent to commit a crime shall have manifested such intent by overt acts which are followed by a commencement of the execution of the crime, shall, save as otherwise expressly provided, be liable on conviction

(a)

if the crime was not completed in consequence of some accidental cause independent of the will of the offender, to the punishment established for the completed crime with a decrease of one or two degrees;

(b)

if the crime was not completed in consequence of the voluntary determination of the offender not to complete the crime, to the punishment established for the acts committed, if such acts constitute a crime according to law.

Attempted (2) An attempt to commit a contravention is not liable to contravention.

punishment, except in the cases expressly provided for by law.

42. A person shall be deemed to be an accomplice in a crime if he

1. Unless otherwise provided by law, an accomplice in a crime shall be liable to the punishment established for the principal.
2. Where two or more persons take part in the commission of a crime, the circumstances which refer solely to the person of any one of them individually, whether he be a principal or an accomplice, and which may exclude, aggravate, or mitigate the punishment in regard to him, shall not operate either in favour of, or against the other persons concerned in the same crime.
1. Where two or more persons take part in the commission of a crime, any act committed by any of such persons, whether he be a principal or an accomplice, which may aggravate the crime, shall only be imputable
1. to the person who commits the act;
2. to the person with whose previous knowledge the act is committed; and
3. to the person who, being aware of the act at the moment of its commission, and having the power to prevent it, does not do so.
3. Where the actual commission of a crime is established, an accomplice shall be liable to be punished, independently of the principal, notwithstanding that such principal shall die or escape or be pardoned or otherwise delivered before conviction, or notwithstanding that the principal is not known.

Constraint to commit offence, etc.

Added by:

V. 1956.13.

Complicity in contraventions.

Added by:

III. 2002.18.

Conspiracy.

Added by:

III. 2002.18.

Cap. 248.

Definition of recidivist.

Amended by:

IV. 1856.8;

XI. 1900.14;

XXXI. 2007.6.

Effect of previous conviction for crime.

Amended by: XI.1900.14 .

(a)

constrains another person by an external force which such other person could not resist, to commit an offence; or

(b)

participates by any of the acts specified in article 42 in an offence committed by any other person who is according to law exempt from criminal responsibility,

shall himself be guilty of that offence as a principal offender.

48. The provisions contained in this Title shall also apply to contraventions.

48A. (1) Whosoever in Malta conspires with one or more persons in Malta or outside Malta for the purpose of committing any crime in Malta liable to the punishment of imprisonment, not being a crime in Malta under the Press Act, shall be guilty of the offence of conspiracy to commit that offence.

(2)

The conspiracy referred to in subarticle (1) shall subsist from the moment in which any mode of action whatsoever is planned or agreed upon between such persons.

(3)

Any person found guilty of conspiracy under this article shall be liable to the punishment for the completed offence object of the conspiracy with a decrease of two or three degrees.

(4)

For the purposes of subarticle (3), in the determination of the punishment for the completed offence object of the conspiracy account shall be had of any circumstances aggravating that offence.

1. A person is deemed to be a recidivist, if, after being sentenced for any offence by a judgment which has become absolute, he commits another offence:
2. Provided that the court may, in determining the punishment, take into account a judgment delivered by a foreign court which has become absolute.
1. Where a person sentenced for a crime shall, within ten years from the date of the expiration or remission of the punishment, if the term of such punishment be over five years, or within five years, in all other cases, commit another crime, he may be sentenced to a punishment higher by one degree than the punishment established for such other crime.

1. Where, however, a person, while undergoing a punishment for life and restrictive of personal liberty, commits another crime subject to a lesser punishment, he shall be liable to one or more terms of solitary confinement.
2. For the purposes of the provisions contained in the foregoing articles of this Title, any sentence in respect of any crime committed through imprudence or negligence, or through unskilfulness in the exercise of any art or profession, or through non-observance of regulations, shall not be taken into account in awarding punishment for any other crime, and vice versa.
3. Where a person sentenced for a contravention shall, within three months from the date of the expiration or remission of the punishment, commit another contravention, he may be sentenced to detention for a term not exceeding two months, or to a fine (multa), or to imprisonment for a term not exceeding one month.
4. A person sentenced shall continue to be considered as such for the purpose of the provisions concerning recidivists notwithstanding any pardon commuting the punishment lawfully awarded to him.

54A. (1) It is a crime for a person to commit genocide, a crime against humanity or a war crime.

(2) In this Title

''the ICC Treaty'' means the Statute of the International Criminal Court, done at Rome on 17th July, 1988;

''the ICC'' means the International Criminal Court established by the ICC Treaty;

''genocide'' means an act of genocide as defined in article 54B;

''crime against humanity'' means a crime against humanity as defined in article 54C;

''war crime'' means a war crime as defined in article 54D;

''Minister'' means the Minister responsible for Justice.

(3) In interpreting and applying the provisions of this Title the court shall take into account the original text of the ICC Treaty and of any treaty and convention referred to in the ICC Treaty.

Genocide.

Added by:

XXIV. 2002.13.

Crimes against humanity.

Added by:

XXIV. 2002.13.

(4)

In interpreting and applying the provisions of articles 54B, 54C and 54D, hereinafter, in this Title, referred to as ''the relevant articles'', the court shall take into account

(a)

any relevant Elements of Crimes adopted in accordance with article 9 of the ICC Treaty, and

(b)

until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June, 2000.

(5)

The Minister may set out in regulations the text of the Elements of Crimes referred to in subarticle (2), as amended from time to time.

(6)

The relevant articles shall for the purposes of this Title be construed subject to and in accordance with any relevant reservation or declaration made by Malta when ratifying any treaty or agreement relevant to the interpretation of those articles.

(7)

The Minister may by regulations set out the terms of any reservation or declaration referred to in subarticle (5) and where any such reservation or declaration is withdrawn in whole or in part may revoke or amend any regulations as aforesaid which contain the terms of that reservation or declaration.

(8)

In interpreting and applying the provisions of the relevant articles the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

54B. (1) Genocide is committed where any of the following acts is committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such

(a)

killing members of the group;

(b)

causing serious bodily or mental harm to members of the group;

(c)

deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d)

imposing measures intended to prevent births within the group;

(e)

forcibly transferring children of the group to another group.

(2) Whosoever directly and publicly incites others to commit genocide shall be guilty of a crime.

54C. (1) A crime against humanity is committed where any of the following acts is committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(2) For the purpose of subarticle (1)

(f)

''forced pregnancy'' means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g)

''persecution'' means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h)

''the crime of apartheid'' means inhumane acts of a character similar to those referred to in subarticle (1), committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i)

''enforced disappearance of persons'' means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

(3) For the purpose of this Title, it is understood that the term ''gender'' refers to the two sexes, male and female, within the context of society. The term ''gender'' does not indicate any meaning different from the above.

War crimes. 54D. A war crime is committed where any of the following acts

Added by:

XXIV. 2002.13.

(a) grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(i)

wilful killing;

(ii)

torture or inhuman treatment, including biological experiments;

(iii) wilfully causing great suffering, or serious injury to body or health;

(iv)

extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v)

compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi)

wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) unlawful deportation or transfer or unlawful confinement;

(x)

subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi)

killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) declaring that no quarter will be given;

(xiii) destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;

(xvi) pillaging a town or place, even when taken by assault;

(xvii) employing poison or poisoned weapons;

(xviii) employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xxi) committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv)

intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v)

pillaging a town or place, even when taken by assault;

(vi)

committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix)

killing or wounding treacherously a combatant adversary;

(x)

declaring that no quarter will be given;

(xi)

subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;

paragraph (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.

54E. (1) This article applies in relation to offences under this Part.

(2)

A military commander, or a person effectively acting as a military commander, is responsible for offences committed by forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his failure to exercise control properly over such forces where

(a)

he either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offences, and

(b)

he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(3)

With respect to superior and subordinate relationships not described in subarticle (2), a superior is responsible for offences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates where

(a)

he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences,

(b)

the offences concerned activities that were within his effective responsibility and control, and

(c)

he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(4)

A person responsible under this article for an offence is regarded as an accomplice in the commission of the offence.

(5)

In interpreting and applying the provisions of this article (which corresponds to article 28 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and account may also be taken of any other relevant international jurisprudence.

(6)

Nothing in this article shall be read as restricting or excluding

(a)

any liability of the commander or superior apart from this article, or

(b)

the liability of persons other than the commander or superior.

54F. (1) References in this Part to a person committing

shall be construed in accordance with this article.

Jurisdiction.

Added by:

XXIV. 2002.13.

Cap. 220.

Protection of victims and witnesses.

Added by:

XXIV. 2002.13.

Supplementary provisions for offences under this Title.

Added by:

XXIV. 2002.13.

(a)

the articles mentioned in the definition in article 54A(1) of the crimes specified in subarticle (1)(a) to

(c) of this article, or in any relevant Elements of Crimes referred to in article 54A(3),

(b)

article 54E,

a person is regarded as committing a crime referred to in subarticle

(1)

only if the material elements of the crime are committed with intent and knowledge.

(3)

For this purpose

(a)

a person has intent

(i)

in relation to conduct, where he means to engage in the conduct, and

(ii)

in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events, and

(b)

''knowledge'' means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(4)

In interpreting and applying the provisions of this article (which corresponds to article 30 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

54G. Without prejudice to the provisions of article 5, a criminal action for an offence under this Title may also be prosecuted in Malta

(a)

against any person subject to military law in terms of articles 178, 179 and 180 of the Malta Armed Forces Act even if the offence was committed outside Malta; or

(b)

against any citizen of Malta or permanent resident in Malta who outside Malta conspires to commit any offence under this Title even if the offence is to be committed outside Malta.

54H. The provisions of any law which make provision for the protection of victims and witnesses of certain offences shall apply mutatis mutandis to any victim or witness of an offence under this Title.

54I. (1) The following provisions apply in relation to offences under this Title.

(2)

Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.

(3)

A person convicted of an offence involving murder shall be dealt with as for an offence consisting in the killing of a person in such circumstances as would, if committed in Malta, constitute

wilful homicide.

(4)

In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding thirty years.

(5)

The provisions of Title VI of Part III of Book Second of this Code do not apply.

OF CRIMES AGAINST THE SAFETY OF THE GOVERNMENT

1. Whosoever shall take away the life or the liberty of the President of Malta, or shall endanger his life by bodily harm, shall, on conviction, be liable to the punishment of imprisonment for life.
1. (1) Whosoever shall subvert or attempt to subvert the Government of Malta by committing any of the acts hereunder mentioned, shall, on conviction, be liable to the punishment of imprisonment for life:
1. taking up arms against the Government of Malta for the purpose of subverting it;
2. bearing arms in the service of any foreign Power against the Republic of Malta;
3. aiding the enemies of the Republic of Malta in any other manner whatsoever against the said Republic;
4. usurping or unlawfully assuming any of the executive powers of the Government of Malta, for the purpose of subverting it;
5. taking up arms for the purpose of compelling the Government of Malta to change its measures or counsels, or of obstructing the exercise of its lawful authority.

(2) The punishment, however, shall be diminished by one or two degrees, where the crime is not carried into effect, in consequence of the voluntary determination of the offender not to complete the crime.

57. (1) Whosoever shall take part in a conspiracy having for its object any of the crimes referred to in the last preceding two articles, shall, on conviction, be liable to imprisonment for a term from three to six years.

(2) Where, besides the mere conspiracy, preparatory measures for carrying the crime into effect shall also have been taken, the punishment shall be of imprisonment for a term from five to nine years.

Commencement of conspiracy.

Provocation to perpetrate crimes against the safety of the Government.

Exemption from punishment.

Failure to disclose.

Exemptions.

When offence is deemed to be accompanied with public violence.

Amended by:

IX. 1859.2.

Definition of "arms proper" and "arms improper".

Amended by: XI.1900.15 .

1. A conspiracy shall subsist from the moment in which any mode of action whatsoever is planned or agreed upon between two or more persons.
2. (1) Whosoever, by any speech delivered in any public place or at any public meeting, shall directly provoke the perpetration of any of the crimes referred to in this Title, shall, on conviction, be liable to the punishment for the crime provoked by him, diminished by one degree.

(2) If the provocation shall produce no effect, the punishment shall be decreased from one to three degrees.

1. In the crimes referred to in the preceding articles of this Title, any of the offenders who shall, before the commission of the crime or before any attempt to commit the crime, and prior to the commencement of any proceedings, give information thereof to the Government or to the authorities of the Government, shall be exempted from punishment.
2. Whosoever, knowing that any of the crimes referred to in the preceding articles of this Title is about to be committed, shall not, within twenty-four hours, disclose to the Government or to the authorities of the Government, the circumstances which may have come to his knowledge, shall, for the mere omission, be liable, on conviction, to imprisonment for a term from nine to eighteen months.
3. The provisions of the last preceding article shall not apply to the husband or wife, the ascendants or descendants, the brother or sister, the father-in-law or mother-in-law, the son-in-law or daughter-in-law, the uncle or aunt, the nephew or niece, and the brother-in-law or sister-in-law of a principal or an accomplice in the crime so not disclosed.

OF CRIMES AGAINST THE PUBLIC PEACE

1. Any offence committed by three or more persons assembled with intent to commit an offence, and two of whom carry arms proper, shall be deemed to be accompanied with public violence.
2. (1) Arms proper are all fire-arms and all other weapons, instruments and utensils which are mainly intended for defensive or offensive purposes.

(2) All other weapons, instruments or utensils are not considered as arms, except when they are actually made use of for any offensive or defensive purpose, in which case they are called arms improper.

65. (1) The punishment for an offence accompanied with public violence, shall be higher by one degree than the punishment provided for the same offence when not accompanied with public violence.

(2) In no case shall the punishment be less than that provided in article 66.

1. The persons assembled as provided in article 63 shall, for the mere fact of having so assembled, be liable to imprisonment for a term from one to three months.
2. Any crime committed by any of the persons mentioned in article 63, shall, for the purposes of punishment, be considered as being accompanied with public violence if in the commission of the crime such persons shall have acted in pursuance of a common design.
3. (1) Whosoever shall incite an assembly of persons, who when so incited shall be ten or more in number, for the purpose of committing an offence, shall, for the mere fact of the incitement, be liable, on conviction, to imprisonment for a term from one to three months or to a fine (multa).

(2)

Whosoever shall take an active part in an assembly of ten or more persons for the purpose of committing an offence, although the said assembly may not have been incited by any one in particular, shall, on conviction, be liable to imprisonment for a term from three days to three months or to a fine (multa).

(3)

Where the offence which such assembly of persons intended to commit is committed, then, if the punishment established for the offence is less than the punishments aforesaid, these punishments shall be applied with an increase of one degree; if, however, the punishment established for the offence is greater than, or equal to, the punishments aforesaid, then that punishment shall be applied with an increase of one degree.

69. Whosoever shall publicly instigate any other person to commit an offence, shall, for the mere fact of the instigation, be liable, on conviction, to

70. Whosoever shall publicly incite any other person to disobey the law, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa), or, in minor cases, to detention or to a fine (ammenda).

Unlawful endeavour to compel Government to alter measures or counsels.

Amended by:

XXI. 1971.10;

XXVII. 1975.5.

Contempt of the President.

Amended by:

XXVII. 1975.6.

Unlawful assembly with seditious intent.

Amended by:

XXI. 1971.11;

XXVII. 1975.7;

XLIX. 1981.4.

Seditious conspiracy.

Amended by:

XXVII. 1975.8;

XLIX. 1981.4.

False imputation of misconduct in the administration of the Government.

Amended by: XXVII.1975.9.

Administering unlawful oath.

1. Whosoever shall, by any unlawful means not amounting to the crime referred to in article 56, endeavour to compel the President of Malta or the Government of Malta, to change his or their measures or counsels, shall, on conviction, be liable to imprisonment for a term from six months to two years.
2. Whosoever shall use any defamatory, insulting, or disparaging words, acts or gestures in contempt of the person of the President of Malta, or shall censure or disrespectfully mention or represent the said President, by words, signs, or visible representations, or by any other means not provided for in the law relating to the Press, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).
3. If three or more persons shall unlawfully assemble, or being unlawfully assembled, shall continue so together, with intent, by public speeches, exhibition of flags, inscriptions, or other means or devices whatsoever, to excite hatred or contempt towards the person of the President of Malta or towards the Government of Malta, or to excite other persons to attempt to alter any matter established by law, otherwise than by lawful means, every person so offending shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
4. If two or more persons shall conspire to excite hatred or contempt towards the person of the President of Malta or towards the Government of Malta, or to incite other persons to attempt the alteration of any matter established by law, otherwise than by lawful means, every person so offending shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
5. Whosoever, by speeches delivered in any public place or at any public meeting, shall falsely impute misconduct in administering the Government of Malta to a person employed or concerned in the administration of the Government of Malta, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).
6. (1) Whosoever shall administer, or cause to be administered or taken, any oath or engagement intended to bind the person taking the same to engage in any mutinous or seditious purpose, or to disturb the public peace, or to be of any association, society or confederacy formed for any such purpose, shall, on conviction, be liable to imprisonment for a term from seven months to two years.

(2) The punishment established in subarticle (1) shall also apply, where the oath or engagement is intended to bind the person taking the same in any of the modes following:

(a)

to obey the orders of any committee or body of men not lawfully constituted, or of any leader or other person not having authority by law for that purpose;

(b)

not to inform or give evidence against any associate or other person, or not to reveal or discover any illegal act done, attempted, or intended to be done by such

1. The punishment established in the last preceding article shall apply to any person who shall take any such oath or engagement as provided in that article, unless he shall have been compelled thereto:
2. Provided that compulsion shall not justify or excuse any person taking such oath or engagement, unless he shall, within four days after such compulsion shall cease, report the fact to the public authorities.
1. Whosoever shall endeavour to seduce any person serving in the Armed Forces of Malta from his duty and allegiance to the Republic of Malta, or to incite or stir up any such person to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, shall, on conviction, be liable to imprisonment for a term from nine months to three years.
2. (1) If three or more persons shall assemble or shall continue together, for any purpose whatsoever, in such manner and under such circumstances of violence, threats, tumults, numbers, display of arms or otherwise, as are calculated to create terror and alarm among persons in Malta, every such assembly shall be deemed unlawful, and every person forming part of such assembly shall, on conviction, be liable to imprisonment for a term from four to twelve months.

(2) Where the unlawful assembly shall proceed, either wholly or in part, to execute their common design, or shall attempt so to do, any person so assembling shall, on conviction, be liable to imprisonment for a term from six to eighteen months.

1. If twelve or more persons being unlawfully assembled together to the disturbance of the public peace, and being formally warned or required by any competent authority to disperse themselves and peaceably to depart to their habitations or to their lawful business, shall, to the number of twelve or more, unlawfully remain or continue together for the space of one hour after such public warning shall have been given, every such offender shall, on conviction, be liable to imprisonment for a term from nine months to three years.
2. There shall not be deemed to be an unlawful assembly under the provisions of the preceding articles, where three or more persons shall assemble for the common purpose of assisting in the defence of the possession of the dwelling-house or other property of any one of them or in the defence of the person of any one of them although they may execute or endeavour to execute such purpose, or otherwise conduct themselves violently and tumultuously, or in such manner and under such circumstances as are calculated to create terror and alarm among persons in Malta.
3. Whosoever shall maliciously spread false news which is likely to alarm public opinion or disturb public good order or the public peace or to create a commotion among the public or among

Incitement to racial hatred, etc.

Added by:

III. 2002.19. Amended by:

XI. 2009.2.

Condoning, denying or trivialising genocide, etc., against a group.

Added by:

XI. 2009.3.

Condoning, denying or trivialising crimes against peace against a group.

Added by:

XI. 2009.3.

certain classes of the public, shall, on conviction, be liable to imprisonment for a term from one to three months.

82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or racial hatred or whereby violence or racial hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.

(2) For the purposes of the foregoing subarticle "violence or racial hatred" means violence or hatred against a group of persons in Malta defined by reference to colour, race, religion, descent, nationality (including citizenship) or ethnic or national origins or against a member of such a group.

82B. Whosoever publicly condones, denies or grossly trivialises genocide, crimes against humanity and war crimes directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin when the conduct is carried out in a manner

(a)

likely to incite to violence or hatred against such a group or a member of such a group;

(b)

likely to disturb public order or which is threatening, abusive or insulting,

shall, on conviction, be liable to imprisonment for a term from eight months to two years:

Provided that for the purposes of this article "genocide", "crimes against humanity" and "war crimes" shall have the same meaning assigned to them in article 54A.

82C. (1) Whosoever publicly condones, denies or grossly trivialises crimes against peace directed against a group of persons defined by reference to race, colour, religion, descent or national or ethnic origin or against a member of such a group when the conduct is carried out in a manner

(a)

likely to incite to violence or hatred against such a group or a member of such a group; or

(b)

likely to disturb public order or which is threatening, abusive or insulting,

shall, on conviction, be liable to imprisonment for a term from eight months to two years.

(2) For the purposes of this article a crime against peace means conduct consisting in:

(a)

the planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances;

(b)

participation in a common plan or conspiracy for the accomplishment of any of the acts referred to in

82D. Whosoever aids, abets or instigates any offence under articles 82A to 82C, both inclusive, shall be guilty of an offence and shall be liable on conviction to the punishment laid down for the offence aided, abetted or instigated.

82E. (1) The provisions of articles 121D, 208B(5) and 248E(4) shall apply mutatis mutandis to an offence under articles 82A to 82D, both articles inclusive.

(2) The provisions of article 328K shall also apply mutatis mutandis to any offence under articles 82A to 82D, both articles inclusive, as if the reference to article 328J in article 328K were a reference to article 121D.

83. Any person who establishes, maintains or belongs to any association of persons who are organised and trained or organised and equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object shall be guilty of an offence and liable, on conviction, to a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

83A. (1) Any person who promotes, constitutes, organises or finances an organisation of two or more persons with a view to commit criminal offences liable to the punishment of imprisonment for a term of four years or more shall be liable to the punishment of imprisonment for a term from three to seven years.

(2)

Any person who belongs to an organisation referred to in subarticle (1) shall for that mere fact be liable to the punishment of imprisonment for a term from one to five years.

(3)

Where the number of persons in the organisation is ten or more the punishment in the preceding subarticles shall be increased form one to two degrees.

(4)

Where the person found guilty of an offence under this title 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 offence of which that person was found guilty 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 as follows:

General provision.

Added by:

XI. 2009.4.

(b)

where the offence of which the person was found guilty is the offence in subarticle (2), to the payment of a fine (multa) of not less than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) and not more than sixty-nine thousand and eight hundred and eighty-one euro and twenty cents ( 69,881.20 );

(c)

where the offence of which the person was found guilty is punishable as provided in subarticle (3) of this article

(i)

where the offence is that provided in subarticle (1), to the punishment of a fine (multa) of not less than forty-six thousand and five hundred and eighty-seven euro and forty-seven cents ( 46,587.47 ) and not more than one million and one hundred and sixty-four thousand and six hundred and eighty-six euro and seventy cents ( 1,164,686.70 );

(ii)

where the offence is that provided in subarticle (1), to the punishment of a fine (multa) of not less than thirty-four thousand and nine hundred and forty euro and sixty cents (34,940.60) and not more than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents ( 116,468.67 ).

(5) The criminal action for an offence against the provisions of this article may be prosecuted in Malta notwithstanding that the organization of persons is based or pursues its criminal activities outside Malta.

GENERAL PROVISION APPLICABLE TO OFFENCES
WHICH ARE RACIALLY AGGRAVATED OR MOTIVATED
BY XENOPHOBIA

83B. The punishment established for any offence shall be increased by one to two degrees when the offence is racially or religiously aggravated within the meaning of sub-articles (3) to (6), both inclusive, of article 222A or is motivated, wholly or partly, by xenophobia.

OF CRIMES AGAINST THE ADMINISTRATION OF JUSTICE
AND OTHER PUBLIC ADMINISTRATIONS

OF THE USURPATION OF PUBLIC AUTHORITY AND OF
THE POWERS THEREOF

84. Whosoever shall assume any public function, whether civil or military, without being entitled thereto, and shall perform any act thereof, shall, on conviction, be liable to imprisonment for a term from four months to one year.

§ OF THE UNLAWFUL ASSUMPTION BY PRIVATE PERSONS OF POWERS BELONGING TO PUBLIC AUTHORITY

85. (1) Whosoever, without intent to steal or to cause any wrongful damage, but only in the exercise of a pretended right, shall, of his own authority, compel another person to pay a debt, or to fulfil any obligation whatsoever, or shall disturb the possession of anything enjoyed by another person, or demolish buildings, or divert or take possession of any water-course, or in any other manner unlawfully interfere with the property of another person, shall, on conviction, be liable to imprisonment for a term from one to three months:

Provided that the court may, at its discretion, in lieu of the above punishment, award a fine (multa).

(2) The provisions of article 377(5) shall apply in the case of any conviction under subarticle (1) and when the conduct of the offender has resulted in a person being despoiled the Court shall apply the provisions of that subarticle in order to ensure that the person despoiled is fully revested in the position before he was despoiled.

86. Whosoever, without a lawful order from the competent authorities, and saving the cases where the law authorizes private individuals to apprehend offenders, arrests, detains or confines any person against the will of the same, or provides a place for carrying out such arrest, detention or confinement, shall, on conviction, be liable to imprisonment for a term from seven months to two years:

Provided that the court may, in minor cases, award imprisonment for a term from one to three months or a fine (multa).

Aggravating circumstances.

Amended by:

XLIX. 1981.4;

IV. 1994.2;

XVII. 1996.19;

XX. 2005.10.

Punishment for illegal arrest, etc., accompanied with bodily harm.

Amended by:

XLIX. 1981.4.

Extenuating circumstance.

87. (1) The punishment for the crime referred to in the last preceding article, shall be imprisonment for a term from thirteen months to three years in each of the following cases:

(a)

if the detention or confinement continues for more than twenty days;

(b)

if the arrest is effected with the unauthorized use of a uniform, or under an assumed name, or under a warrant falsely purporting to be issued by a public authority;

(c)

if the individual arrested, detained or confined, is subjected to any bodily harm, or is threatened with death;

(d)

if the detention or confinement is continued by the offender notwithstanding his knowledge that a writ or warrant for the release or delivery of the person detained or confined has been issued by the competent authority;

(e)

if the crime is committed with the object of extorting money or effects, or of compelling any other person to agree to any transfer of property belonging to such person;

(f)

if the crime is committed for the purpose of forcing another person to do or to omit an act, which, if voluntarily done or omitted, would be a crime;

(g)

if the crime is committed as a means of compelling a person to do an act or to submit to treatment injurious to the modesty of that person’s sex;

(h)

if the crime is committed on the person of the father, mother or on any person mentioned in article 202(h).

(2) Where a person who commits the crime referred to in the last preceding article threatens to kill, to injure or to continue to detain or confine the person arrested, detained or confined, with the object of compelling a state, an international governmental organisation or person to do or to abstain from doing an act he shall be liable to the punishment of imprisonment for life.

1. Where the bodily harm referred to in paragraph (c) of the last preceding article is liable to a punishment higher than the punishment of imprisonment for a term of two years, or is committed or accompanied with any kind of torture, the punishment shall be imprisonment for a term from four to six years.
2. The punishment for the illegal arrest, detention or confinement of a person, without the concurrence of any of the circumstances mentioned in article 87(b), (c), (d), (e), (f) and (g), and in the last preceding article, shall be imprisonment for a term from seven months to one year, where the offender, before the commencement of any proceedings at law, restores to liberty the person arrested, detained or confined, within twenty-four hours after the arrest, detention or confinement, provided that during this interval the offender has not attained the object for which such person has been arrested, detained or confined.

90. Whosoever unlawfully and forcibly removes any person to any other country, or wrongfully detains, arrests or confines any citizen of Malta in any other country, shall, on conviction, be liable to the punishment laid down in article 87.

OF OUTRAGE AND VIOLENCE AGAINST PUBLIC OFFICERS

1. Whosoever by violence or threats compels a public officer to do or not to do any act appertaining to his office, shall, on conviction, be liable to imprisonment for a term from four months to three years.
2. The general expression "public officer", includes not only the constituted authorities, civil and military, but also all such persons as are lawfully appointed to administer any part of the executive power of the Government, or to perform any other public service imposed by law, whether it be judicial, administrative or mixed.
3. (1) Whosoever reviles or threatens a judge, or the Attorney General, or a magistrate or a juror, while in the exercise of his functions or because of his having exercised his functions, or with intent to intimidate or unlawfully influence him in the exercise of his functions, shall, on conviction, be liable to imprisonment for a term from one to three months and to a fine (multa).

(2)

If the object of the vilification is that of damaging or diminishing the reputation of the person against whom it is directed, the punishment shall be imprisonment for a term from three months to one year.

(3)

Where the threat is of a crime, the punishment shall be imprisonment for a term from seven to eighteen months, and if the threat be made by means of any writing, whether anonymous or signed in one’s own name or in a fictitious name, the punishment shall be increased by one degree, and in either case, the offender may be required to enter into a recognizance as provided in articles 383, 384 and 385, with or without surety, according to circumstances.

94. (1) Whosoever shall cause a bodily harm to any of the persons mentioned in the last preceding article, while in the exercise of his functions or because of his having exercised his functions, or with intent to intimidate or unduly influence him in the exercise of his functions, shall, on conviction, be liable to imprisonment for a term from two to five years.

(2) Where the bodily harm is of such a nature that, if caused to any person other than those mentioned in the last preceding article, it would render the offender liable to a higher punishment, such higher punishment shall be awarded, with an increase of one degree.

Vilification, threats or bodily harm against other public officers.

Amended by:

IV. 1856.10;

XI. 1900.18, 19;

XLIX. 1981.4.

Assault or resistance.

Amended by:

XLIX. 1981.4.

Aggravating circumstance.

Amended by: IX.1859.7; V.1956.14 ;

XLIX. 1981.4.

Assault or resistance accompanied with public violence.

Amended by:

XLIX. 1981.4.

Exemption from punishment in case of desistance.

95. (1) Whosoever, in any other case not included in the last preceding two articles, shall revile, or threaten, or cause a bodily harm to any person lawfully charged with a public duty, while in the act of discharging his duty or because of his having discharged such duty, or with intent to intimidate or unduly influence him in the discharge of such duty, shall, on conviction, be liable to the punishment established for the vilification, threat, or bodily harm, when not accompanied with the circumstances mentioned in this article, increased by one degree.

(2)

No increase, however, shall be made when the punishment is that established for contraventions.

(3)

Nor shall an increase be made when the punishment is that of imprisonment for a term not exceeding three months: in such case, however, the court may, in addition, award a fine (multa).

96. Whosoever shall assault or resist by violence or active force not amounting to public violence, any person lawfully charged with a public duty when in the execution of the law or of a lawful order issued by a competent authority, shall, on conviction, be liable

(a)

where the assault or resistance is committed by one or two persons, to imprisonment for a term from four months to one year;

(b)

where the assault or resistance is committed by three or more persons, to imprisonment for a term from seven months to two years.

1. If any of the offenders mentioned in the last preceding article shall use any arm proper in the act of the assault or resistance, or shall have previously provided himself with any such arm with the design of aiding such assault or resistance, and shall, on apprehension, be found in possession of any such arm, he shall be liable to imprisonment for a term from nine months to three years.
2. Where any of the crimes referred to in article 96 be accompanied with public violence, the punishment shall be imprisonment for a term from two to five years.
3. No punishment shall be awarded for the mere act of the assault or resistance mentioned in articles 96 and 98 against any person who, although he shall have attempted to commence or shall have actually commenced to act, shall, at the first warning given by the person assaulted or to whom resistance is offered, or by any public authority, desist from the further commission of the crime.

OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

1. In this sub-title "criminal proceedings" includes the inquiry referred to in Sub-title II of Title II of Part I of Book Second of this Code and any proceedings under the Malta Armed Forces Act.
1. (1) Whosoever, with intent to harm any person, shall accuse such person before a competent authority with an offence of which he knows such person to be innocent, shall, for the mere fact of having made the accusation, on conviction, be liable
1. to imprisonment for a term from thirteen to eighteen months, if the false accusation be in respect of a crime liable to a punishment higher than the punishment of imprisonment for a term of two years;
2. to imprisonment for a term from six to nine months, if the false accusation be in respect of a crime liable to a punishment not higher than the punishment of imprisonment for a term of two years, but not liable to the punishments established for contraventions;
3. to imprisonment for a term from three days to three months, if the false accusation be in respect of any other offence.

(2) Where the crime is committed with intent to extort money or other effects, the punishment shall be increased by one degree.

102. Whosoever, in any civil or criminal proceedings, suborns a witness, a referee, or an interpreter, to give false evidence or to make a false report or a false interpretation, shall, on conviction, be liable

103. Whosoever, in any civil or criminal proceedings, shall cause a false document to be prepared or shall knowingly produce a false document, shall be liable to the same punishment as the forger thereof.

Perjury in certain criminal trials.

Amended by: VIII.1909.6;

XXI. 1971.12;

XLIX. 1981.4;

XIV. 1983.2;

III. 2002.23;

XVI. 2006.3.

Perjury in other criminal trials.

Amended by:

IX. 1859.9;

XLIX. 1981.4;

III. 2002.24.

Perjury in civil proceedings.

Amended by: XII.1914.7;

XLIX. 1981.4;

III. 2002.25.

Perjury by referee or interpreter.

False swearing.

Amended by: XI.1900.21,22;

XLIX. 1981.4;

III. 2002.26.

Interdiction in sentences for calumnious accusations, perjury and false swearing.

104. (1) Whosoever shall give false evidence in any criminal proceedings for a crime liable to a punishment higher than the punishment of imprisonment for a term of two years, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from two to five years.

(2) Where, however, the person accused shall have been sentenced to a punishment higher than that of imprisonment for a term of five years, the witness who shall have given false evidence against such person in the trial, or of whose evidence use shall have been made against such person in the trial, shall be liable to such higher punishment.

1. Whosoever shall give false evidence in any criminal proceedings for an offence not referred to in the last preceding article, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from nine months to two years.
2. (1) Whosoever shall give false evidence in civil matters, shall, on conviction, be liable to imprisonment for a term from seven months to two years.

(2)

The provisions of subarticle (1) shall apply to any person who, being a party to a civil action, shall make a false oath.

(3)

Whosoever shall make a false affidavit, whether in Malta or outside Malta, knowing that such affidavit is required or intended for any civil proceedings in Malta, shall, on conviction, be liable to the punishment mentioned in subarticle (1).

107. (1) Any referee who, in any civil or criminal proceedings, shall knowingly certify false facts, or maliciously give a false opinion, shall, on conviction, be liable to the punishment to which a false witness is liable under the preceding articles of this sub-title.

(2) The same punishment shall apply to any person who, when acting as interpreter in any judicial proceedings and upon oath, shall knowingly make a false interpretation.

108. (1) Whosoever, in any other case not referred to in the preceding articles of this sub-title, shall make a false oath before a judge, magistrate or any other officer authorized by law to administer oaths, shall, on conviction, be liable

(a)

to imprisonment for a term from four months to one year, if the oath be required by law, or ordered by a judgment or decree of any court in Malta;

(b)

to imprisonment for a term not exceeding three months, if the oath be not so required or ordered.

(2) The provisions of this article shall not apply to promissory oaths.

109. (1) The court shall, in passing sentence against the offender for any crime referred to in this sub-title, expressly award the punishment of general interdiction, as well as interdiction from acting as witness, except in a court of law, or from acting as referee in any case whatsoever.

(2) Such interdiction shall be for a term from five to ten years in the cases referred to in the last preceding article, and for a term from ten to twenty years in any other case referred to in the other preceding articles of this sub-title.

110. (1) Whosoever shall fraudulently cause any fact or circumstance to exist, or to appear to exist, in order that such fact or circumstance may afterwards be proved in evidence against another person, with intent to procure such other person to be unjustly charged with, or convicted of, any offence, shall, on conviction, be liable to the punishment established for a false witness, in terms of the preceding articles of this sub-title.

(2) Whosoever shall lay before the Executive Police an information regarding an offence knowing that such offence has not been committed, or shall falsely devise the traces of an offence in such a manner that criminal proceedings may be instituted for the ascertainment of such offence, shall, on conviction, be liable to imprisonment for a term not exceeding one year.

111. (1) Whosoever shall hinder any person from giving the necessary information or evidence in any civil or criminal proceedings, or to or before any competent authority, shall, on conviction, be liable to imprisonment for a term from four months tooneyearorto a fine(multa).

(2) Whosoever, in any case not otherwise provided for in this Code, shall knowingly suppress, or in any other manner destroy or alter the traces of, or any circumstantial evidence relating to an offence, shall, on conviction, be liable

§ OF UNLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY

112. Any officer or person employed in any public administration, or any person employed by or under the Government, whether authorized or not to receive moneys or effects, either by way of salary for his own services, or on account of the Government, or of any public establishment, who shall,

Extortion.

Amended by:

XLIX. 1981.4.

Aggravating circumstances.

Bribery.

Amended by:

XII. 1914.8, 9; IV.1974.2;

XLIX. 1981.4;

III.

2002.27;

III.

2004.70.

Where failure of duty consists in passing sentence on defendant or person accused.

Amended by:

XXI. 1971.14;

IV. 1974.3;

XLIX.

1981.4;

X.

2000.11;

III. 2004.71.

under colour of his office, exact that which is not allowed by law, or more than is allowed by law, or before it is due according to law, shall, on conviction, be liable to imprisonment for a term from three months to one year.

1. Where the unlawful exaction referred to in the last preceding article, is committed by means of threats or abuse of authority, it shall be deemed to be an extortion, and the offender shall, on conviction, be liable to imprisonment for a term from thirteen months to three years.
2. Where the crimes referred to in the last two preceding articles are accompanied with circumstances which render such crimes liable also to other punishments, the higher punishment shall be applied with an increase of one degree.
1. Any public officer or servant who, in connection with his office or employment, requests, receives or accepts for himself or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage to which he is not entitled, shall, on conviction, be liable to punishment as follows:
1. where the object of the reward, promise or offer, be to induce the officer or servant to do what he is in duty bound to do, the punishment shall be imprisonment for a term from six months to three years;
2. where the object be to induce the officer or servant to forbear from doing what he is in duty bound to do, the punishment shall, for the mere acceptance of the reward, promise or offer, be imprisonment for a term from nine months to five years;
3. where, besides accepting the reward, promise, or offer, the officer or servant actually fails to do what he is in duty bound to do, the punishment shall be imprisonment for a term from one year to eight years.
3. (1) Where the crime referred to in paragraph (c) of the last preceding article consists in sentencing a defendant or person accused, the punishment shall be imprisonment for a term from eighteen months to ten years:

Provided that in no case shall the punishment be lower than that to which the defendant or person accused has been sentenced.

(2) Where the punishment to which the defendant or person accused is sentenced is higher than the punishment of imprisonment for ten years, such higher punishment shall be applied.

117. Where the crime referred to in article 115(c) consists in the release of a person charged with an offence, or in the discharge of a defendant or person accused, the punishment shall be as follows:

1. Any member of the House of Representatives who requests, receives or accepts, for himself or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage given or made with the object of influencing him in his conduct as a member of the House shall, on conviction, be liable to imprisonment for a term from one year to eight years.
2. The punishment of perpetual general interdiction shall be added to the punishments established in the preceding articles of this sub-title when the maximum of such punishments exceeds two years’ imprisonment; when the maximum of the said punishments does not exceed two years’ imprisonment, then the punishment of temporary general interdiction shall be added.
3. (1) In the cases referred to in articles 115, 116, 117 and 118, the person who bribes the public officer or servant or the member of the House of Representatives, or the person to whom any of the said articles applies in accordance with any provision under this Code or under any other law, as the case may be, shall be deemed to be an accomplice.

(2)

Where the public officer or servant or other person does not commit the crime, the person who attempts to induce such officer or servant or other person to commit the crime shall, on conviction, be liable to imprisonment for a term from six months to three years.

(3)

Where the member of the House of Representatives does not commit the crime, the person who attempts to induce such member to commit the crime shall, on conviction, be liable to imprisonment for a term from six months to four years.

Embracery and corruption of other persons.

Amended by:

VI. 1871.7. Substituted by:

IV. 1974.7. Amended by:

III. 2002.28;

XIII. 2002.10;

III. 2004.75.

121. (1) The provisions of this sub-title shall apply to and in relation to any person who is entrusted with or has functions relating to the administration of a statutory or other corporate body having a distinct legal personality, or who is employed with such a body, as they apply to or in relation to an officer or person referred to in article 112 or a public officer or servant referred to in article

(2)

Articles 115 to 117, article 119 and article 120(1) and (2) shall apply to and in relation to jurors as they apply to or in relation to a public officer or servant referred to in article 115.

(3)

The provisions of this sub-title in relation to an officer or person referred to in article 112 or a public officer or servant referred to in article 115 shall also apply to and in relation to any employee or other person when directing or working in any capacity for or on behalf of a natural or legal person operating in the private sector who knowingly, in the course of his business activities, directly or through an intermediary and in breach of his duties, conducts himself in any manner provided for in those articles:

Provided that for the purposes of this subarticle the expression "breach of duty" includes any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business in question.

(4)

The provisions of this sub-title shall also apply to any conduct falling within the descriptions set out in the provisions of this sub-title and in which is involved:

(a)

a public officer or servant of any foreign State including any member of a domestic assembly of any foreign State which exercises legislative or administrative powers; or

(b)

any officer or servant, or any other contracted employee, of any international or supranational organization or body or of any of its institutions or bodies, or any other person carrying out functions corresponding to those performed by any said officer, servant or contracted employee; or

(c)

any member of a parliamentary assembly of any international or supranational organisation; or

(d)

any holder of judicial office or any official of any international court; or

(e)

any member, officer or servant of a Local Council; or

(f)

any person mentioned in the preceding paragraphs and the offence was committed outside Malta by a Maltese citizen or by a permanent resident in Malta;

For the purposes of this paragraph, the phrase "permanent resident" shall have the same meaning assigned to it by article 5(1)(d); or

(g)

as the person who committed the offence, any person

121A. (1) Any person who promises, gives or offers, directly or indirectly, any undue advantage to any other person who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in the preceding articles of this sub-title, in order to induce such other person to exercise such influence, whether such undue advantage is for such other person or anyone else, shall on conviction be liable to the punishment of imprisonment for a term from three months to eighteen months.

(2)

Any person who requests, receives or accepts any offer or promise of any undue advantage for himself or for anyone else with the object of exercising any improper influence as is referred to in subarticle (1) shall on conviction be liable to the punishment laid down in that subarticle.

(3)

The offences referred to in subarticles (1) and (2) shall be complete whether or not the alleged ability to exert an improper influence existed, whether or not the influence is exerted and whether or not the supposed influence leads to the intended result.

121B. Whosoever, with intent to commit, conceal or disguise any offence under the preceding articles of this sub-title, creates or uses an invoice or any other accounting document or record containing false or incomplete information or unlawfully omits to make a record of payment, shall on conviction be liable to the punishment of imprisonment from three months to eighteen months without prejudice to any other punishment to which he may be liable under any other provision of this Code or of any other law.

121C. Without prejudice to the provisions of article 5, the Maltese courts shall also have jurisdiction over the offences laid down in this sub-title where:

Corporate liability for offences under this title.

Added by:

III. 2002.29. Amended by:

L.N. 407 of 2007.

Applicabilty of article 248E(4) of the Code.

Added by:

XXXI. 2007.9.

Prevarication by advocate or legal procurator.

Betrayal of interests of client.

Amended by:

XLIX. 1981.4.

Private interest in adjudications, etc.

(d) the offence involves any of those persons to whom reference is made in article 121(4)(b), (c) or (d) and that person is at the same time a citizen or permanent resident in Malta within the meaning of article 5(1)(d).

121D. Where the person found guilty of an offence under this title 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 offence of which that person was found guilty 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 one thousand and one hundred and sixty-four euro and sixty- nine cents (1,164.69) and not more than one million and one hundred and sixty-four thousand and six hundred and eighty-six euro and seventy cents (1,164,686.70).

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.

§ OF ABUSES COMMITTED BY ADVOCATES AND LEGAL PROCURATORS

1. 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.
2. 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.

§ OF MALVERSATION BY PUBLIC OFFICERS AND SERVANTS

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 direction or superintendence at the time when such adjudication, contract, or administration commenced, shall, on conviction, be liable to imprisonment for a term from one to six months and to perpetual interdiction from his public office or employment.

1. Any public officer or servant who takes any private interest in any matter in respect of which he is entrusted with the issuing of orders, the winding up of accounts, the making of arrangements or payments of any sort, shall, on conviction, be liable to the punishments laid down in the last preceding article.
2. Whenever, in the cases referred to in the last two preceding articles, any loss is fraudulently caused to the administration to which the matter belongs, the punishment shall be imprisonment for a term from eighteen months to three years, with interdiction as provided in those articles.
3. Any public officer or servant who for his own private gain or for the benefit of another person or entity, misapplies or purloins any money, whether belonging to the Government or to private parties, credit securities or documents, bonds, instruments, or movable property, entrusted to him by virtue of his office or employment, shall, on conviction, be liable to imprisonment for a term from two to six years, and to perpetual general interdiction.

1. Any turnkey or gaoler who shall take any prisoner in custody without a lawful warrant or order from a person authorized by law to issue such warrant or order, shall, on conviction, be liable to imprisonment for a term from one to three months.
2. (1) Any turnkey or gaoler who shall subject any person under his custody to any arbitrary act or restriction not allowed by the prison regulations, shall, on conviction, be liable to the punishment established in the last preceding article.

(2) Where the restriction or arbitrary act aforesaid of itself constitutes a crime liable to an equal or a higher punishment, such punishment shall be applied with an increase of one degree.

130. Any public officer or servant who, without authority or necessity, detains or causes to be detained, any person under arrest, in any place other than a place appointed as a public prison, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).

131. Any public officer or servant who has under his orders the civil police force and who, on a lawful request made by any competent authority, fails to afford the assistance of such force, shall, on conviction, be liable to imprisonment for a term from four to six months.

Allegation of false excuse by juror, witness or referee.

Amended by:

VI. 1899.3.

Disclosing official secrets.

Added by:

VI.

1899.4. Amended by:

I.

1903.4.

Unlawful continuance in office or employment.

Obstruction of execution of law by public functionaries.

Amended by:

XLIX. 1981.4.

Unlawful domiciliary entry by public officials.

Amended by:

VI. 1871.8.

Aggravating circumstances.

Failure or refusal of magistrates or Police to perform certain duties.

Maliciousviolation of official duties.

Amended by: V.1868.5;

VI. 1871.9; I.1903.5.

132. Any juror, witness or referee who, with the object of not affording assistance to the competent authority lawfully requiring such assistance, or of explaining his non-appearance before such authority, alleges an excuse which is shown to be false, shall, in addition to the punishment established for his non-appearance, be liable, on conviction, to imprisonment for a term from one to three months.

§ OF ABUSE OF AUTHORITY, AND OF BREACH OF DUTIES PERTAINING TO A PUBLIC OFFICE

1. Any public officer or servant who communicates or publishes any document or fact, entrusted or known to him by reason of his office, and which is to be kept secret, or who in any manner facilitates the knowledge thereof, shall, where the act does not constitute a more serious offence, be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine (multa).
2. Any public officer or servant who, having been dismissed, interdicted, or suspended, and having had due notice thereof, continues in the exercise of his office or employment, shall, on conviction, be liable to imprisonment for a term from one to six months.
3. Any person vested with public authority who, by any unlawful measures devised with other persons, hinders the execution of the law, shall, on conviction, be liable to imprisonment for a term from eighteen months to three years.
4. (1) Any public officer or servant who, under colour of his office, shall, in cases other than those allowed by law, or without the formalities prescribed by law, enter any house, or other building or enclosure belonging to any person, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa or ammenda).

(2) Where it is proved that the entry has taken place for an unlawful purpose or for a private advantage, the offender shall, on conviction, be liable to imprisonment for a term from one to twelve months.

1. Any magistrate who, in a matter within his powers, fails or refuses to attend to a lawful complaint touching an unlawful detention, and any officer of the Executive Police, who, on a similar complaint made to him, fails to prove that he reported the same to his superior authorities within twenty-four hours, shall, on conviction, be liable to imprisonment for a term from one to six months.
2. Any public officer or servant who shall maliciously, in violation of his duty, do or omit to do any act not provided for in the preceding articles of this Title, to the oppression or injury of any other person, shall, on conviction, be liable to imprisonment

for a term not exceeding three months or to a fine (multa):

Provided that the court may, in minor offences, award any of the punishments established for contraventions.

139A. Where the injurious or oppressive act is one of those mentioned in articles 86, 87, 88 and 89, the offender shall, on conviction, be liable to the punishment laid down in those articles respectively, increased by one degree.

139A. Any public officer or servant or any other person acting in an official capacity who intentionally inflicts on a person severe pain or suffering, whether physical or mental

shall, on conviction, be liable to imprisonment for a term from five to nine years:

Provided that no offence is committed where pain or suffering arises only from, or is inherent in or incidental to, lawful sanctions or measures:

Provided further that nothing in this article shall affect the applicability of other provisions of this Code or of any other law providing for a higher punishment.

140. In the cases referred to in articles 133 to 139 inclusively, the court may, in addition to the punishment therein laid down, award the punishment of temporary or perpetual general interdiction.

141. Saving the cases where the law specifically prescribes the punishment to which offences committed by public officers or servants are subject, any public officer or servant who shall be guilty of any other offence over which it was his duty to watch or which by virtue of his office he was bound to repress, shall, on conviction, be liable to the punishment laid down for such offence, increased by one degree.

Breaking of seals.

Negligence of person in charge.

Theft aggravated by "breaking".

Embezzlement, etc., of documents, etc., from places of public deposit.

Amended by:

XLIX.

1981.4;

V.

2005.37;

L.N. 407 of 2007.

Negligence of functionaries.

Aggravating circumstance of "violence".

Amended by: XLIX.1981.4.

OF THE VIOLATION OF PUBLIC ARCHIVES, PUBLIC OFFICES, PUBLIC PLACES OF CONFINEMENT, AND PUBLIC MONUMENTS

§ OF THE BREAKING OF SEALS, AND OF THE PURLOINING OF DOCUMENTS OR DEPOSITS FROM THE PUBLIC ARCHIVES OR OTHER PUBLIC OFFICES

142. (1) Whosoever shall be guilty of breaking any seal affixed by order of a public authority, shall, on conviction, be liable to imprisonment for a term from one to three months.

(2)

Where there has been negligence on the part of the person in charge, such person shall, for the mere negligence, be liable to the same punishment laid down in subarticle (1).

(3)

In either case, the court may, in lieu of the said punishment, award a fine (multa).

1. Every theft committed by means of the breaking of any seal affixed by order of a public authority shall be deemed to be a theft aggravated by "breaking".
2. (1) In cases of embezzlement, destruction, mutilation or purloining of documents, records or other papers, registers, acts or any effects whatsoever existing in the public archives, or in any other public offices, or delivered to any public depositary or functionary whatsoever in virtue of his office, the offender shall, on conviction, be liable to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (465.87) and not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) or to imprisonment for a term from thirteen months to seven years or to both such fine and imprisonment.

(2)

Where there has been negligence on the part of the archivist, registrar, recording officer, notary, or other functionary, such archivist, registrar, recording officer, notary or other functionary shall, for the mere negligence, be liable, on conviction, to imprisonment for a term from four to six months or to a fine (multa).

(3)

Where the destruction, mutilation, damage, or alteration of any thing referred to in subarticle (1) is caused through imprudence, negligence, unskilfulness in an art or profession or through non-observance of any regulation the offender shall be liable to a fine (multa) of not more than nine thousand and three hundred and seventeen euro and forty-nine cents (9,317.49) or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

145. Where any of the crimes referred to in the preceding articles of this sub-title is committed with violence against the person, the offender shall, on conviction, be liable to imprisonment for a term from two to six years.

1. Repealed by: XVII.1996.19.
2. Repealed by: XVII.1996.19.
3. Repealed by: XVII.1996.19.
4. Repealed by: XVII.1996.19.

150. Saving the cases of negligence referred to in articles 142 and 144, any public officer or servant who shall, in the execution of his office, commits or connives at any of the crimes mentioned in the preceding articles of this sub-title, shall, on conviction, be liable to the punishment established for the crime, increased by one degree, and to the punishment of perpetual general interdiction.

§ OF THE VIOLATION OF PUBLIC PLACES OF CONFINEMENT, OF THE ESCAPE OF PERSONS IN CUSTODY OR SUSPECTED OR SENTENCED, AND OF THE HARBOURING OF OFFENDERS

1. Any person under sentence and any other prisoner who shall be guilty of simple escape or who escapes from the custody of the person or persons charged with his custody, shall, on conviction, be liable to imprisonment for a term of not less than six months but not more than one year.
2. In this article ''prisoner'' means any person who is confined in prison and includes a prisoner while he is being moved to or from a prison or from one prison to another or while he is under treatment or observation in any hospital.
1. Any prisoner who shall be guilty of escape from any place of confinement or of punishment, or from a hospital where he is under treatment or observation, or from the custody of the person or persons charged with his custody, shall, when the escape has been effected by violence on the person, or with breaching the places mentioned, be liable, on conviction, to imprisonment for a term from two years to four years saving any other punishment to which he may be subject under any other provision of this Code or any other law.

Negligence or imprudence of person charged with the custody, etc., of person escaping.

Amended by: XXI.1971.15 ;

XLIX. 1981.4.

Connivance, etc., of person charged with the custody, etc., of person escaping. Amended by: XXI.1971.16;

XLIX. 1981.4,

Aggravating circumstances.

Aiding and abetting on the part of person not charged with the custody, etc., of person escaping.

Amended by:

IX. 1982.2.

Assisting criminals to escape from Malta.

Amended by:

XXI. 1971.17;

II. 1973.2;

XLIX. 1981.4.

153. Where the escape of any person under arrest or sentence is effected in consequence of the negligence or imprudence of the person charged with his custody, care or conveyance, the person so charged shall, on conviction, be liable

(a)

if the party escaping is accused of, or sentenced for any crime liable to a punishment not exceeding two years’ imprisonment, or if he is in lawful custody for any cause other than a crime, to imprisonment for a term from one to three months;

(b)

if the party escaping is accused of, or sentenced for any crime liable to a punishment exceeding two years but not exceeding five years’ imprisonment, to imprisonment for a term from four to six months;

(c)

if the party escaping is accused of, or sentenced for any crime liable to a punishment exceeding five years’ imprisonment, to imprisonment for a term from seven months to one year.

1. Where the escape of any person under arrest or sentence is effected with the connivance of or by bribing the person charged with his custody, care, or conveyance, the person so charged shall, in the cases referred to in paragraphs (a), (b) and (c) of the last preceding article, be liable, on conviction, to imprisonment for the term as respectively fixed in the said paragraphs, increased by one degree and to the punishment of perpetual general interdiction.
2. The punishment laid down in the last two preceding articles shall be increased by one degree, where the escape is effected by any of the means mentioned in article 152, or by conveying into the place of confinement or of punishment any instrument or weapon to facilitate the escape.
1. Whosoever, not being charged with the custody, care, or conveyance of any person under arrest or sentence, shall facilitate or be an accomplice in the escape of such person, shall, on conviction, be liable to the punishment established for the person so charged and conniving, decreased by one degree:
2. Provided that in the cases referred to in the last preceding article, the offender shall be liable to the same punishment established for the person so charged and conniving.
3. Whosoever shall knowingly provide the means for effecting an escape from Malta, whether of a person accused of a crime or of a person under arrest or sentence for a crime, or of a person under warrant of arrest for a crime, or of a person who has committed a crime although not yet sentenced nor under arrest or warrant of arrest, shall, on conviction, be liable

(a) where the said crime as regards the fugitive is not liable to a punishment exceeding two years’ imprisonment, to imprisonment for a term from one to three months;

1. Whosoever shall knowingly harbour or cause to be harboured any person against whom there is a warrant of arrest for any offence liable to imprisonment for a term exceeding three months, or for whom the Executive Police is searching for the purpose of arresting him for any such offence, or who has escaped from arrest for any such offence, shall, on conviction, be liable to imprisonment for a term from three days to three months.
2. Nevertheless, the wife or husband, the ascendant or descendant, the brother or sister, the father-in-law, or mother-inlaw, the son-in-law or daughter-in-law, the uncle or aunt, the nephew or niece and the brother-in-law or sister-in-law of any fugitive or person so harboured, shall be exempted from the punishments laid down in the last two preceding articles.
3. The provisions of articles 151 to 159 inclusively shall apply in the case of escape of any person lawfully confined from any place appointed for his custody.

1. Whosoever shall destroy, throw down, deface, or otherwise damage any monument, statue, or other object of art, destined for public utility or public embellishment, and erected by, or with the permission of the public authority, shall, on conviction, be liable to imprisonment for a term from one month to one year or to a fine (multa) not exceeding two thousand and three hundred and twenty- nine euro and thirty-seven cents (2,329.37):
2. Provided that the court may, in minor cases, apply any of the punishments established for contraventions.
1. Whosoever shall violate any tomb or burial place, publicly acknowledged as such, shall, on conviction, be liable to imprisonment for a term from one to eighteen months or to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).

Added by:

XXVIII. 1933.1.

Vilification of the Roman Catholic Apostolic Religion.

Added by:

XXVIII. 1933.2.

Vilification of other cults tolerated by law.

Added by:

XXVIII. 1933.2.

Obstruction of religious services.

Added by:

XXVIII. 1933.2.

Forgery of Government debentures.

Amended by:

XII. 1913.4;

XLIX. 1981.4.

OF CRIMES AGAINST THE RELIGIOUS SENTIMENT

1. Whosoever by words, gestures, written matter, whether printed or not, or pictures or by some other visible means, publicly vilifies the Roman Catholic Apostolic Religion which is the religion of Malta, or gives offence to the Roman Catholic Apostolic Religion by vilifying those who profess such religion or its ministers, or anything which forms the object of, or is consecrated to, or is necessarily destined for Roman Catholic worship, shall, on conviction, be liable to imprisonment for a term from one to six months.
2. Whosoever commits any of the acts referred to in the last preceding article against any cult tolerated by law, shall, on conviction, be liable to imprisonment for a term from one to three months.
3. (1) Whosoever impedes or disturbs the performance of any function, ceremony or religious service of the Roman Catholic Apostolic Religion or of any other religion tolerated by law, which is carried out with the assistance of a minister of religion or in any place of worship or in any public place or place open to the public shall, on conviction, be liable to imprisonment for a term not exceeding one year.

(2) If any act amounting to threat or violence against the person is committed, the punishment shall be imprisonment for a term from six months to two years.

OF CRIMES AFFECTING PUBLIC TRUST

OF FORGERY OF PAPERS, STAMPS AND SEALS

166. (1) Whosoever shall forge any Government debenture for sums advanced on loan to the Government, shall, on conviction, be liable to imprisonment for a term from three to five years, with or without solitary confinement.

(2)

The same punishment shall apply where the forgery consists in opening a credit relative to such loan in the books of the Government Treasury.

(3)

Where the forgery consists in the endorsement of a genuine Government debenture, the offender shall, on conviction, be liable to imprisonment for a term from thirteen months to four years, with or without solitary confinement.

167. (1) Whosoever shall forge any schedule, ticket, order or other document whatsoever, upon the presentation of which any payment may be obtained, or any delivery of goods effected, or a deposit or pledge withdrawn from any public office or from any bank or other public institution established by the Government, or recognized by any public act of the Government, shall, on conviction, be liable to imprisonment for a term from thirteen months to four years, with or without solitary confinement.

(2)

The same punishment shall apply where the crime consists in the forgery of any entry in the books of any such office, bank or other institution, relating to any such payment, goods, deposit, or pledge.

(3)

Where the forgery consists only in the endorsement of a genuine schedule, ticket, order, or document, the offender shall, on conviction, be liable to imprisonment for a term from nine months to three years, with or without solitary confinement.

168. (1) Any public officer or servant who, by abuse of his office or employment, becomes guilty of any of the crimes referred to in the last two preceding articles, shall, on conviction, be liable to the punishment therein prescribed for any such crime, increased by one degree.

(2) The same punishment shall apply to any public officer or servant who shall knowingly re-issue any order for payment of money or any of the documents mentioned in the last preceding article, after the payment or the delivery of the goods obtainable upon the presentation of such order or document has been effected.

1. Whosoever shall knowingly make use of any of the instruments specified in articles 166, 167 and 168 shall, on conviction, be liable to the same punishment as the principal offender.
2. (1) Whosoever shall forge any act containing an order or resolution of the Government of Malta, and whosoever shall forge any judgment, decree, or order of any court, judge, magistrate, or public officer, whereby any obligation is imposed or terminated, or any claim allowed or disallowed, or whereby any person is acquitted or convicted on any criminal charge, shall, on conviction, be liable to imprisonment for a term from two to four years, with or without solitary confinement.

(2)

Whosoever shall knowingly make use of any such forged act, judgment, decree or order, shall, on conviction, be liable to the same punishment as the principal offender.

(3)

Where the person guilty of any of the crimes referred to in this article is a public officer or servant specially charged with the drawing up, registration, or custody of any such act, judgment, decree or order, the punishment shall be increased by one degree.

Counterfeiting the Public Seal of Malta.

Amended by:

XV. 1937.3;

XXVII. 1975.15; XLIX.1981.4.

Counterfeiting of seals, stamps, or other Government marks.

Amended by:

XLIX. 1981.4;

III. 2002.33.

Making use of counterfeited seal, stamp, or mark.

Counterfeiting postage stamps, and making use of same.

Added by:

XVI. 1900.137. Amended by:

XLIX. 1981.4.

Possessing counterfeited postage stamps, dies, etc.

Added by. XVI.1900.137. Amended by: XXVII.1975.16 .

Purchasing or having in possession certain paper before it has been duly stamped and issued.

Added by: XVI.1900.137. Amended by: VIII.1909.9.

Act of counterfeiting Public Seal of Malta, stamps, etc., defined.

Punishment for counterfeiting Public Seal of Malta, stamps, etc., when committed by public officers.

1. Whosoever shall counterfeit the Public Seal of Malta, or shall knowingly make use of such counterfeited seal, shall, on conviction, be liable to imprisonment for a term from three to five years, with or without solitary confinement.
2. (1) Whosoever, except in the cases referred to in the last preceding article, shall counterfeit any seal, stamp, or other mark, used for sealing, stamping, marking, authenticating or certifying, in the name of the Government or of any of the authorities thereof, documents or effects, whether public or private property, or which are under the public guarantee, shall, on conviction, be liable to imprisonment for a term from thirteen months to three years, with or without solitary confinement.

(2) Whosoever shall knowingly make use of any such seal, stamp, or mark and whosoever shall knowingly and without lawful authority be in possession of the said objects, shall be liable to the same punishment.

1. Whosoever shall counterfeit postage stamps, or shall knowingly make use of counterfeited postage stamps, shall, on conviction, be liable to imprisonment for a term not exceeding two years, with or without solitary confinement.
2. (1) Whosoever, without the special permission of the Government, shall knowingly keep in his possession counterfeited postage stamps, dies, machines or instruments intended for the manufacture of postage stamps, shall, on conviction, be liable to the punishment established in the last preceding article.

(2) The provisions contained in this and in the last preceding article shall also apply in regard to any stamp denoting a rate of postage of any foreign country.

1. The same punishment established in article 173 shall apply to any person who, without lawful authority or excuse, (the proof whereof shall lie on the person accused), knowingly purchases or receives, or takes or has in his custody or possession any paper exclusively manufactured or provided by or under the authority of the Government of Malta, for use as envelopes, wrappers or postage stamps, and for receiving the impression of stamp dies, plates or other instruments provided, made or used by or under the authority of the Government for postal purposes, before such paper has received such impression and has been issued for public use.
2. There shall be forgery within the meaning of articles 171 and 172, not only if a false instrument is made or affixed but also if the genuine instrument is fraudulently affixed.
3. Where the person guilty of any of the crimes referred to in articles 171, 172 and 176 is a public officer or servant charged with the direction, custody, or proper application of the seals, stamps, or other instruments, the punishment shall be increased by one degree.

178. Any person guilty of any of the crimes referred to in articles 166 to 177 inclusively, shall be exempted from punishment if, before the completion of such crime and previously to any proceedings, he shall have given the first information thereof and revealed the offenders to the competent authorities.

OF FORGERY OF OTHER PUBLIC OR PRIVATE WRITINGS

1. Saving the cases referred to in the preceding sub-title, any public officer or servant who shall, in the exercise of his functions, commit forgery by any false signature, or by the alteration of any act, writing, or signature, or by inserting the name of any supposititious person, or by any writing made or entered in any register or other public act, when already formed or completed, shall, on conviction, be liable to imprisonment for a term from two to four years, with or without solitary confinement.
2. Any public officer or servant who, in drawing up any act within the scope of his duties, shall fraudulently alter the substance or the circumstances thereof, whether by inserting any stipulation different from that dictated or drawn up by the parties, or by declaring as true what is false, or as an acknowledged fact a fact which is not acknowledged as such, shall, on conviction, be liable to the punishment established in the last preceding article or to imprisonment for a term from eighteen months to three years, with or without solitary confinement.
3. Any public officer or servant who shall give out any writing in a legal form, representing it to be a copy of a public act when such act does not exist, shall, on conviction, be liable to imprisonment for a term from thirteen months to two years, with or without solitary confinement.
4. (1) The punishment laid down in the last preceding article shall be applied where the forgery is committed by the public officer or servant on a legal and authentic copy, by giving out the same in virtue of his office, in a manner contrary to or different from the original, without this being altered or suppressed.

(2) Where such copy is so given out by the mere negligence of the public officer or servant, he shall, on conviction, be liable to a fine (multa).

183. Any other person who shall commit forgery of any authentic and public instrument or of any commercial document or private bank document, by counterfeiting or altering the writing or signature, by feigning any fictitious agreement, disposition, obligation or discharge, or by the insertion of any such agreement, disposition, obligation or discharge in any of the said instruments or documents after the formation thereof, or by any addition to or

Malicious use of false documents.

Issue of false declarations or certificates.

Amended by: VI.1871.11;

XLIX. 1981.4.

Malicious use of false declarations or certificates.

Forgery of private writings.

Amended by:

XLIX. 1981.4.

Malicious use of forged private writings.

False declarations or information to a public authority.

Added by:

XIII. 1980.4.

Other kinds of forgery and use of forged documents.

Amended by: IX.1911.10. Substituted by: V.1956.16 .

alteration of any clause, declaration or fact which such instruments or documents were intended to contain or prove, shall, on conviction, be liable to imprisonment for a term from thirteen months to four years, with or without solitary confinement.

1. Any person who shall knowingly make use of any of the false acts, writings, instruments or documents mentioned in the preceding articles of this sub-title, shall, on conviction, be liable to the punishment established for the forger.
2. (1) Saving the cases referred to in the preceding articles of this Title, where any public officer or servant who, by reason of his office, is bound to make or issue any declaration or certificate, shall falsely make or issue such declaration or certificate, he shall, on conviction, be liable to imprisonment for a term from nine months to three years.

(2) Where the falsification is committed by any person, other than a public officer or servant acting with abuse of authority, the punishment shall be imprisonment for a term from seven months to two years.

1. Whosoever shall knowingly make use of any of the documents mentioned in the last preceding article, shall, on conviction, be liable to the same punishment established for the author thereof.
2. (1) Whosoever shall, by any of the means specified in article 179, commit forgery of any private writing tending to cause injury to any person or to procure gain, shall, on conviction, be liable to imprisonment for a term from seven months to three years, with or without solitary confinement.

(2) Whosoever shall knowingly make use thereof, shall be liable to the same punishment.

188. Whosoever, in order to gain any advantage or benefit for himself or others, shall, in any document intended for any public authority, knowingly make a false declaration or statement, or give false information, shall, on conviction, be liable to the punishment of imprisonment for a term not exceeding two years or to a fine (multa):

Provided that nothing in this article shall affect the applicability of any other law providing for a higher punishment.

GENERAL PROVISIONS APPLICABLE TO THIS TITLE

189. Whosoever shall commit any other kind of forgery, or shall knowingly make use of any other forged document, not provided for in the preceding articles of this Title, shall be liable to imprisonment for a term not exceeding six months, and if he is a public officer or servant acting with abuse of his office or employment, he shall be punishable with imprisonment for a term from seven months to one year.

189A. For the purposes of this Title, "document", "instrument", "writing" and "book" include any card, disc, tape, soundtrack or other device on or in which information is or may be recorded or stored by mechanical, electronic or other means.

190. In all crimes of forgery when committed by public officers or servants, the punishment of perpetual general interdiction shall always be added to the punishment laid down for the crime.

191. A bankrupt trader shall be declared guilty of fraudulent bankruptcy and shall be punishable with imprisonment for a term from eighteen months to three years, in each of the cases following:

192. A bankrupt trader shall be declared guilty of simple bankruptcy and shall be punishable with imprisonment for a term from seven months to one year, in each of the cases following:

Provided that the court may, according to circumstances, decrease the punishment laid down in this article, from one to three degrees.

Bankruptcy of broker.

Amended by:

XI. 1900.23.

Circumstances which may give rise to simple bankruptcy.

Amended by: XI.1900.23 .

Complicity in bankruptcy.

Amended by:

XI. 1900.23.

Bigamy.

Amended by:

XLIX. 1981.4.

1. Any broker who, in the course of the habitual exercise of his trade, becomes a bankrupt, shall be liable to the punishment laid down in the last preceding article.
1. A bankrupt trader can be declared guilty of simple bankruptcy and be liable to the punishment laid down in article 192, in each of the cases following:
1. if he has not kept the books prescribed by law, or has irregularly kept such books, or if such books do not show his true financial position, (debit and credit);
2. if, being lawfully summoned for examination before the competent authority and not being lawfully prevented, he fails to attend within the period fixed for his appearance.
2. Complicity in bankruptcy shall be restricted solely to those persons who collude with the bankrupt to defraud his creditors:

Provided that no charge of complicity shall lie against any person

(a)

who, having simulated claims against the bankrupt, shall not have made such claims in the bankruptcy proceedings, either in his own name or through an intermediary;

(b)

who, having colluded with the bankrupt for misapplying, concealing, or dissembling any part of his assets, shall first disclose the fact to the competent authority and shall furnish or indicate the means by which the things misapplied, concealed, or dissembled may be recovered.

OF CRIMES AFFECTING THE GOOD ORDER OF FAMILIES

OF CRIMES RELATING TO THE RECIPROCAL DUTIES OF THE MEMBERS OF A FAMILY

196. A husband or wife who, during the subsistence of a lawful marriage, contracts a second marriage, shall, on conviction, be liable to imprisonment for a term from thirteen months to four years.

197. (1) Any ascendant by consanguinity or affinity who, by the use of violence or by threats, compels, or, by deceit, induces any descendant under age to prostitution, shall, on conviction, be liable to imprisonment for a term from three to six years, with or without solitary confinement.

(2)

The same punishment shall be applied to any husband or wife or tutor who, by the use of violence or by threats, compels, or, by deceit, induces to prostitution his or her spouse under age or the minor under his or her tutorship.

(3)

If the ascendant or the husband or wife, by the use of violence or by threats, compels, or, by deceit, induces the descendant or his or her spouse, of age, to prostitution, he or she shall, on conviction, be liable to imprisonment of a term from one to four years, with or without solitary confinement.

(4)

A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person or property of the husband or wife or of the descendant to whose prejudice the offence shall have been committed, and, in the case of the tutor, his removal from the tutorship and his perpetual disability from holding the office of tutor.

OF CRIMES AGAINST THE PEACE AND HONOUR OF FAMILIES, AND AGAINST MORALS

1. Whosoever shall, by violence, have carnal knowledge of a person of either sex, shall, on conviction, be liable to imprisonment for a term from three to nine years, with or without solitary confinement.
2. (1) Whosoever shall, by violence, abduct any person, with intent to abuse or marry such person, shall, on conviction, be liable, in the first case, to imprisonment for a term from eighteen months to three years, with or without solitary confinement, and, in the second case, to imprisonment for a term from nine to eighteen months.

(2) The punishments laid down in subarticle (1) shall apply to any person who shall, by fraud or seduction, abduct any person under the age of eighteen years, who is under the authority of a parent or tutor, or under the care of another person, or in an educational establishment.

200. (1) If the offender under the last preceding article shall within twenty-four hours voluntarily release the person abducted without having abused such person, and shall restore such person to the family, or to his or her place of custody, or shall convey such person to any other place of safety, the punishment shall be

Where offender marries person abducted.

Presumption of violence in cases of carnal knowledge and indecent assault.

Amended by:

XI. 1900.27.

Aggravating circumstances.

Amended by.

XI. 1900.28;

XX. 2005.11.

(2) In such case, if the offender, after abducting a person, shall marry such person, he shall not be liable to prosecution, except on the complaint of the party whose consent, according to the civil laws, would be required for the marriage; and if the marriage takes place after the conviction, the penal consequences thereof shall cease and the party convicted shall, upon his application, be forthwith released by order of the court.

201. Unlawful carnal knowledge and any other indecent assault, shall be presumed to be accompanied with violence

(a)

when it is committed on any person under twelve years of age;

(b)

when the person abused was unable to offer resistance owing to physical or mental infirmity, or for any other cause independent of the act of the offender, or in consequence of any fraudulent device used by the offender.

202. The punishment prescribed for any of the crimes referred to in the preceding articles of this sub-title, shall be increased by one degree in each of the following cases:

(a)

when the offender has availed himself of his capacity of public officer, or when the offender is a servant of the injured party, with salary or other remuneration;

(b)

when the crime is committed by any ascendant, tutor, or institutor on any person under eighteen years of age;

(c)

when the crime is committed on any prisoner by the person charged with the custody or conveyance of such prisoner;

(d)

when the offender has, in the commission of the crime, been aided by one or more persons;

(e)

when the offender has, in the commission of the crime, made use of any arms proper;

(f)

when the person on whom the crime is committed, or any other person who has come to the assistance of that person, has sustained any bodily harm;

(g)

when the person carnally known has not completed the age of nine years;

(h)

when the crime is committed on the person of:

(i)

the spouse; or

(ii)

the brother or sister; or

(iii) a natural ascendant or descendant; or

(iv)

another person having or having had a child in common with the offender; or

(v)

another person living in the same household as the offender or who had lived with the offender within a period of one year preceding the offence; or