ACT No. IV of 1994 AN ACT IQ ~"d Ih~ CrimiIIIIJ Ccxh, Cllp. 9.

I assent.

(L.S.)

CENsu T "BONE

President

!llh February, L994

ACT No. IV of 1994

AN ACT IQ ~"d Ih~ CrimiIIIIJ Ccxh, Cllp. 9.

BE IT ENAC I ED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled , and by the authority of tbe same, as follows: -

I . (1) This Act may be cited as the Criminal Code

(Amendment) Act, 1994, and shall be read and construed as one with

,e

the Criminal Code , hereinafter referred to as ~tbe principal law" .

(2) The following provisions of this Act shall come inlo force

on sueh date as the Minister responsible for justice may by notice in the

Gazette appoint. and different dates may be so appointed for different

provisions of this Act.

For paragraph (g) of section 87 of the principal law there shall EAo: 'et.'

be substitu ted the following

if the crime is com mitted as a means of compelling a

~(g)

person 10 do an act or to submit to treatment injurious to the

modesty of that person's sex.".

For subsections (2), (3), (4) and (5) of seclion 197 of the

principal law there shall be substituted the ronewing

~PI_"';"

(2) The same punishment shall be applied 10 any

husband or wife or tutor who, by the use of violeoce or by

threats, compels, or. by det'eit, 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

oIdeo«Ddut use of violence or by threats, compels. or, by cXICCit, induces

::.b)' or she shall,

the descendant o r his o r her spouse, of IF, to pJOslitution, be

OD conviction, be liable 10 imprisonment of I

lenn from Doe to four years. with or without solitary

confi nement.

q.........

(4) A conviction under this section shall entail the

forfeiture of every authority and right granted to the offeDder

over th e person or prope rt y of the husband or wife or of the

desce ndan t 10 whose prejudice the offence shall have been

commilted, and. in the case of the tutor, his removal from the

tutorship and his pcrpelUal disability from holding the office

of tutor. ~.

In subsection (2) of section 200 of !be principa1law, for the

words "after abducting a girl, shall marry her, M there shall be substituted

the words Mafter abducting a penon, shall marry such penon, ".

.5. Section 2Q3 of the principal law shall be amended as follows

(a) in subsection (I) thereof, for the word "two" wherever it

occurs, there shall be substiluted the word "three";

in subsection (2) thereof, for the words "of subsection

(b)

(5)" there shall be substituted the wo rds "of subsection (4)~ : and

(c) in subsection (3) thereof, for the words "of paternal

authority~ in paragraph (b) of the second proviso, there shall be

substituted the words "of parental authority".

Section 204 of the principal law shall be amended as follows

(a) in paragraph (c) of the proviso to subsection (1) thereof,

for the words " by the husband or tutoro! the minor,M there shall be

substituted the words "by the husband or wife or tutor of the

mi nor,".; and

(b) in subsection (2) thereof -

(i) for the words "ofsubsections (4) and (5)" there shall

be substi tuted the words "of subsection (4)"; and

(ji) for the words "by the husband," there shall be

substiluted the words "by the husband or the wife.".

For section 205 of tbe principal law there shall be substituted

the following

-0.,1 .'!'"

205. Whosoever in order to gratify the lust of an), othe r

;:,_ • person, by the use of violence, compels o r, b)' decei t , induces

a person of age , to practise prostitution, shall , where the act

prooIiI"-. oommitted does not constit ute a mo re serious offence, be

liable, on conviction, to imprisonment fo r a term oot

exceeding two yem, with o r without solitary confine me nt

Provided that the o(fenoe shall be punishable with

imprisonment for a term from one to four yem, if it is

oommitted -

with abuse of authorit)', of trust orof domestic

(a)

r~ ations ; or

h abituallyor forga in . ~ .

(b)

In sectio n 2400fthe ~ncipallaw , for the words An)' woman

M

..... ho , being delivered of a child ," there shall be substituted the words

"An)' person ..... ho , immediatel)' after the delivery of a child , ~.

For scction 352 of the principal law there shall be substituted

the following

352. The officer of the Execu tive Police effecting any

arrest o r search shall inform the penon subject to such arrest

o r search, if present , of his authorit), and of the reason for the

lITeSt o r search, unless he shall have detected such person in

the very act of committing the offence." .

10, In subsection (2) of section 359 of the.princjpallaw. for the

M

words Mand tbe name of the person by wbom the re shall be substituted

the words Mand the name of the person, if known, by ..... hom ...

11 , For subsection (I) of section 391 of the principal law there

shall be substitut ed the following

(1) The witlK!55C5 shall be eXlmilK!d by the rotIrt . 1be

· F .. ..;utD

name and surname of the witness, the name of his rather and ,

if the witness is a person to whom section 3 of the Identit)'

Card A ct applies, the n umber , ifk no ..... n to the witness, of his

identity card issued under the uid Act, as ..... ell as the place of

binh and abode: of the witness and the language: in which he

&hall bave deposed , shall be noted down at the head of every

deposition

Provided that the COU" may, in exceptional

circumstances and to provide for the safety of the: witness,

omi t the: above particulars, other than the name and surnam e

of the wi tness and the language in which he shall have

deposed, maki ng a DOle 10 that effect in the record of the

proceedings.

ft .

MinOok is-subartikolu (I) ta ' l·anikolu 391 tal.ligi prinapali

ghandu jidbol dan li gej

( 1) (x-xhieda jigu daminati mill-qorti. L-isem u 1-

kunjom t3JI-xhud , ise m missieru u, meta x-xhud ikun persuna

li gl'laliha jllpplika J-anikoJu 3 ta ' '·An dwar il-Karti ta' 1-

Idcntitlil , in-numru, jekk iI-xhud ikun jalu, taI·kana ta' I·

identitll tieghu mal'lroga lah! I-imsemmi AIt, kif ultoll i1-lok

taHwelid uta ' rejn joqghod ix-xhud u I-ilsien li bih jagbti J(-

lI:iehda ti eghu, ghandbom jitniHlu fiI-bidu Delt ta' kull

xiehda

IUla l-qorti tillla' rfukoslanzi ettezzjonali u sabiu

tipprovdi gh as-sigurczza lax-Jlhud , thalli barra 1·

partikolaritajiet la' hawn fuq. tillef ghaU-isem u I-kunjom tall-

xhud u I-ilsien li bih jaghti lH iehda tieghu, u taghmel IlOta

fdan is-sc ns fI-atti tal-kawia. ".

Subsection (\) of secti o n 392 of the principal Jaw shall be

amended as folJ.ows

(a) in paragraph (a) thereof, for the wo rds "the name of his

father" there s hall be substituted the words " the name and su rname

ft

of his father and

;

(b) paragraph (b) thereof shall be deleted.

for subsection (3) of seclion 516 of Ihe principal law tbe re

shall be subst ituted tbe fo llowina subsections

~(3)

Th ere shall be a Board composed of the Chief Justice, a

judge appointed by the Preside nt of Mal ta from among the jud~es

ordin arily si tting in the C riminal Coun, the Attorney General , a

magistrate appointed by the Ministe r of Justice, and the presiden t

of the ('bamber of Advocates with power to make rules to becalled

Rules o f Coun for any of the purposes referred to in section 29 of

the Code of Organization and Civil Procedure, in so far as

applicable , the re ference to tha t code in that section being

construed as I refere nce to this code

Provided that nothing contained in s ueh rules shall be

inconsistent with, o r re pugnant 10, the p rovisions of this code or

any o ther law.

(4) The Board may act notwithstanding any vacancy in its

membership hut shall not act unless alleast the Chief Justice and

two other me mbe rs are present.

(5)

An y rules made by the Board shall be subject to the

approval of the Presiden t of Malta and shall be published in th e

Gazette. ".

In section Sl 80fthe principal law, fortlle words ~e;ltcept byor

10 the paniesoonce med" there shall bes ubsti tuted the words ~e;ltcept by

or to the Allomey G eneral, by o r to the parties C()ncemed~ .

Subsection (2) of section S30 of the principal law shall be

amended as follows

(a) for paragraph (a) of the proviso the reof, the re shall be

substituted the following

. "(a) of a .witness of tender age wh o, if placed in the

Wllness--box. might , from shyness o r ot he rwise, become

confused or frightened in giving evidence and thcreby

prejudice the ends of justice;"; Ind

(b) for the words "age or infinnity," in paragraph (b) of

the proviso thereof, there shall be substituted the words "old

age, infinnity or physical colKlition ,".

For section 532 of the principal law there shall be substituted

the following

--

532. Subject to the provWons of subsecdofUi (3), (4)

-"'oa

and (5) of section 5 16, the court shall have power to give

POrepllhl

,_"a directions for the conduct and despatch of busincSl and for

the enforcement and maintenance of good order during its

-.I

'''~'::' !"., . sillings, provided that nothing contained in such directions

~

shall be contrary to Jaw.".

Immediately after subsection (2) of section 604 of the

principal law there shall be added the follOwing new subsection

"(3) A person .... ho has the careof a familyor ofa person .... ho

suffen from any physical Of menial infirmity shall also be exempt

from serving as • juror.".

Section 60S of the principal law shall be amended as fol lows

(I> the pnMsoto sub5ec1ion (I) thereof shall be deleted; and

(b) subsection (14) thereof shall be deleted.

Immediately after subsection (5) of section (J]1 of the

principal law there shall be added the (ollowing subsections

"(6) In the case of a person referred in section 604, I request

not to serve IS I juror may be made by means of a letter addressed

to the registrar, Ind such lelleuhall be deemed to be an I pplicatton

for all purposes of this scaion.

(7) Before exempling a person from serving as a juror as

provided in subsections (2) and (5) of this section and in subsection

(5) of section 611. the court may require 10 hear on oath the pel'$Of1

requesting such exemption.".

2:0. (I) Not Iller than thirty days from the coming into force of

the last two preoeeding sections, the Commissioner of P01ioe, I'\l1O

magistrates and the Regislrar of the Superior Courts shall draw up new

lists of juron, special juron and foremen 85 provided in leClion 605 of

the Criminl l Code. as amended by Ihis Act, and ,11 the provisions oCthe

said section mall , mUlati.r mUlandis, apply to the new lists, so however

tlur.t the publication of the lists IS provided in subsection (5) of that

section shall be effected as soon IS possible after the lists bave been

drawn up, and the publkation of the amended lists referred to in

subsection (9) and which woukl nonnally be effected in the fint fifteen

days of the month of November shall be effected DOt later thin two

months afte r the first publication of the lists.

(2) The new w lSof jurors, special jurors and foremen drawn

up and published as aforesaid shall replace existing lists until such time

as lists are again compiled and published as provided in section 60S of

the &aid code. "0

Passed by the House of Re presentatives at Sitting No. 224 of the 1st February,

1994. LAWRENCE G ONZI

S~Qker

RI C HARD J. CAUCIiI

Clerk to the House of Rep,aenla(ivu

or

JppubblikOl mid·Dipanllftenl ta' 1·IDf~i - lWtiljo - l'IJJIWotd /Jy IM lNp4r1mLMI 1~{omwIIQto - Kari/itl

Miltlqll !\'IlUIII>pulja laI.o...... - PrliI~d .. d v e o . - ~ ~