ACT No. XXXI.) of 1986 AN ACT Iwthe, 10 amend Ihe Criminal Code, Cap, 12.

I asseot.

A CiATHA B AaMIA

PllISidmt

26th September, 1986

ACT No. XXXI.) of 1986

AN ACT Iwthe, 10 amend Ihe Criminal Code, Cap, 12.

BE IT ENAcrED by th e P~ident, by a nd with Ihe advice and

consent of the House of Representalives, in this present Parliament

assembled, and by the authority of the same, as lollows:-

I. This Act may be cited 8$ the Criminal Code (Amendment)

Act. 1986, and shall be read and construed as ODe with tile Criminal

Code, hereinafter referred to as " tbe prineipal law".

In paragraph (bl of subsection m of 6eCtion 236 of the

principal law, for the wOl"ds "0( .-:h evidence or opinion" there shall

be sub&t itukd the words " of such evidence or opinion. or OD the person

0( a child under nine years 0( age".

principal Jaw ,ball he amended :u fol-

Section 277 of the

in the second ptnagrapb or subsection n I !herd ~

(a)

(i) immed iately after the words "or of the metJU

thereof." there shall be inserted the words "or of any soaI of

any meter,'·; and

(ii) immodiatcly aftor the worm "with such pipes, wires.

or cablel\." there sball be in inserted the words "or the

existence of artificial meam I S ate mentioned in s.ub&ection (2)

of this section,"; and

(h) in subsection (2) thcreol ~

(i) immediately after the words " or of the wm. or

cables or the cl«trie ity service," lhcrc lhall be inserted the

wonis " 01" of the metres !hereof, or of any seal of any meter ,

or in the cue of"; and

ill) for the words "i n which ,ucb artif>cial means are

found" !hue sball be substituted the words "in which luch

making or artifl(:;al meaN Ife found".

Immediately after paragraph (f) of section 284 of the principal

law there shall be added the following new paragraph

“(g) when it is committed on any vehicle in a public place

or in a place accessible to the pubic, or on any part or accessory

of, or anything inside, such vehicle”.

Section 352 of the principal law shall be amended as

(a) in paragraph (h) thereof, for the words “shall be a

partner of any player at any such game” there shall be substituted

the words “shall be a partner of any player at any such game; or

who is present while any such game is being played";

(b) immediately after paragraph (ff) thereof, there shall be

added the following new paragraphs

“(gg) except as is allowed by law, and unless any other

law provides for a higher punishment for the offence, makes or

attempts to make or is in any way concerned in the making

of any bet or wager including a bet or wager connected with

any game, sport or event occurring in Malta or elsewhere; or

who is present in any place while such betting or wagering is

taking place;

(ggg) in any place. importunes any person to advertise,

or to make such person acquire, any service, product, property

or property right whatsoever;” and

(c) for paragraph (xx) thereof there shall be substituted the

following

“(xx) when so ordered by a court fails to give to his

or her spouse the sum fixed by that court as maintenance for

that spouse and, or, the children, within fifteen days from the

day on which, according to such order, such sum should

be paid:”.

Section 356 of the principal law shall be amended as follows

(a) in paragraph (a) thereof, for the words “in contravention

of paragraph (h) of section 352” there shall be substituted the words

“in contravention of paragraph (h) of section 352, and any

money found on any person committing an offence under the said

paragraph"; and

(b) immediately after paragraph (b) thereof there shall be

added the following new paragraph

“(c) any money found on any person committing an

offence under paragraph (gg) of section 352.”.

In subsection (3) of section 377 of the principal law for the

word “Sub-inspector.” there shall be substituted the words. “Sub-

inspector or be stamped with a facsimile of such a signature.”.

Immediately after subsection (1) of section 425 of the principal

law there shall be inserted the following new subsection

“(lA) Where a judgement is given in respect of several

offences and a right of appeal on any of the grounds mentioned in

paragraph (b) of the preceding subsection, of under any other law,

is competent in respect of one of those offences, an appeal shall

lie in respect of any other of those offences connected with that

offence,

There is connection between offences when ―

(i)

the facts of the offences are substantially the same;

or

(ii)

an offence has served as a means for the commission

of another offence; of

(iii) the proof of an offence or of a circumstance

thereof has a bearing on the proof of another offence or of a

circumstance thereof.”.

Section 542 of the principal law shall be amended as

follows

(a)

in the proviso thereto, for the words “Provided, however”

there shall be substituted the words “Provided further, however,”;

and

(b)

immediately before that proviso thereto there shall be

inserted the following new proviso

“Provided that the Magistrate may, where he deems it to

be so expedient, empower the experts to receive documents

and to examine witnesses on oath and to take down their

depositions in writing and the provisions of subsection (5) of

section 646 and of subsection (3) of section 649 shall. Mutatis

mutandis, apply.”.

(l) Every summons referred to in section 372 of the

principal law which was issued before the coming into force of this

Act and which was stamped by a facsimile of the signature of an

officer of the Executive Police not below the rank of Sub-Inspector,

shall be deemed to have been regularly signed by such officer for the

purposes of section 377 of the principal law.

(2) The first proviso to section 542 of the principal law,

added by this Act, shall apply to every inquest in which a Magistrate

has, before the coming into force of this Act, empowered any expert

to

receive documents and to examine witnesses.

Passed by the House of Representatives at Sitting No. 379 of the 24th September,

1986. PAUL XUEREB

Speaker

C. MIFSUD

Clerk to the House of Representatives

Ippubblikat mit-Taqsima tat-Tagħrif – Kastilja – Published by the Information Division – Kastilja