ACT No. XVI of 2006 AN ACT to amend the Criminal Code, Cap. 9 BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the Board of the same as follows>

I assent.

G EORGE H YZLER

(L.S.)

Acting President

8th August, 2006

ACT No. XVI of 2006

AN ACT to amend the Criminal Code, Cap. 9

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the Board of the same as follows>

(1) The title of this Act is the Criminal Code (Amendment) Short title and

commencement.

Act, 2006, and this Act shall be read and construed as one with the

Criminal Code, hereinafter referred to as “the Code”.

(2) This Act shall come into force on such date as the

Minister responsible for justice may by notice in the Gazette appoint,

and different dates may be so appointed for different provisions or for

different purposes of this Act.

The provision in article 85 of the Code shall be renumbered Amendment

of article 85

as subarticle (1) thereof and immediately thereafter there shall be inserted of the Code.

the following new subarticle>

“(2) The provisions of subarticle (5) of article 377 shall

apply in the case of any conviction under subarticle (1) of this

article 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.”.

Subarticle (2) of article 104 of the Code shall be amended as

(a) for the words “such higher punishment>” there shall be

substituted the words “such higher punishment.”< and

(b) the proviso thereto shall be deleted.

The present provision of article 222A of the Code shall be

renumbered as subarticle (1) thereof and immediately thereafter there

shall be inserted the following new sub-articles>

“(2) The punishments established in the foregoing

provisions of this sub-title shall also be increased by one to two

degrees when the offence is racially or religiously aggravated

within the meaning of the following sub-articles.

(3) An offence is racially or religiously aggravated if>

(a) at the time of committing the offence, or

immediately before or after the commission of the offence,

the offender demonstrates towards the victim of the offence

hostility based on the victim’s membership (or presumed

membership) of a racial or religious group< or

(b) the offence is motivated, wholly or partly, by

hostility towards members of a racial group based on their

membership of that group.

(4) In paragraph (a) of subarticle (3)>

“membership”, in relation to a racial or religious group,

includes association with members of that group<

“presumed” means presumed by the offender.

(5) It is immaterial for the purposes of paragraph (a) or (b)

of subarticle (3) whether or not the offender’s hostility is also based,

to any extent, on any other factor not mentioned in that paragraph.

(6) In this article>

“racial group” means a group of persons defined by

reference to race, colour, nationality (including citizenship)

or ethnic or national origins<

“religious group” means a group of persons defined by

reference to religious belief or lack of religious belief.”.

Immediately after article 251C of the Code there shall be Addition of

new article

inserted the following new article 251D>

251D to

the Code.

251D. The punishments established in the foregoing

provisions of this sub-title 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.”.

Immediately after article 325 of the Code there shall be inserted Addition of

new article

the following new article>

325A to

the Code.

325A. (1) The punishments established in the

foregoing provisions of this sub-title in respect of a relevant

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. (2) For the purposes of this article “relevant

offence” means any of the offences under articles 311, 312,

314A, 316, 317 to 320, both inclusive, and 325.”.

In paragraph (z) of article 338 of the Code, for the words “such Amendment

of article 338

sum should be paid<” there shall be substituted the words “such sum of the Code.

should be paid>”, and immediately thereafter there shall be inserted the

following new proviso>

“Provided that, notwithstanding any other provision of this

Code, the criminal action for an offence under this paragraph is

barred by the lapse of six months<”.

Immediately after subarticle (2) of article 391 of the Code Amendment

of article 391

there shall be inserted the following new subarticle>

of the Code.

“(3) Where the witness is a minor under the age of sixteen

years the witness shall be examined and cross-examined in one

sitting and his testimony shall be recorded by audio-visual means.

The audio-visual recording shall form part of the record of the

proceedings>

Provided that for special and exceptional reasons which arise

after the witness has given his testimony the Court may authorize

the hearing of the witness in a subsequent sitting.”.

Immediately after subarticle (3) of article 401 of the Code

there shall be inserted the following>

“(3A) Where the court has committed the accused for trial

by the Criminal Court the court shall, besides giving the order

mentioned in subarticle (3), adjourn the case to another date, being

a date not earlier than one month but not later than six weeks from

the date of the adjournment. The court shall also adjourn the case

as aforesaid after having received back from the Attorney General

the record of the inquiry and before returning the record to the

Attorney General in terms of any provision of this Code.”.

Immediately after subarticle (3) of article 416 of the Code

there shall be inserted the following new subarticle>

“(3A) The failure to make a declaration of appeal as

provided in subarticle (3) shall not preclude the party convicted

from appealing the judgement provided that such appeal is filed

within the time allowed for entering such appeal.”.

Immediately after article 532 of the Criminal Code there shall

be inserted the following new articles>

532A. The provisions of article 24 of the Probation

“Orders for

payment

Act concerning the power of the court to order the offender

of damages

upon

to pay damages shall mutatis mutandis also apply whenever

sentence.

a person is sentenced upon conviction for any crime.

Payment of

532B. Where a person is convicted of a crime

costs.

punishable with imprisonment he shall be liable to pay such

amounts in respect of costs as the Minister may by regulations

prescribe. Such regulations may specify the crimes and, or

the proceedings in respect of which which the regulations

shall apply as well as which part of the costs may be converted

into imprisonment and which part may be recovered as a civil

debt, or that the whole amount may be so converted or so

recovered, and the procedure applicable in every case.”.

Immediately after article 546(4) of the Code there shall be

inserted the following new subarticle>

“(4A) Where a report, information or complaint is made to a

Magistrate under this article by a person other than the Attorney

General or a police officer the report, information or complaint

shall contain a clear designation of the person suspected to have

committed the offence (hereinafter in this article referred to as

“the suspect”). The Magistrate shall order the report, information

or complaint, as the case may be, to be served upon the suspect

allowing him time to reply and upon the lapse of such time shall

decide whether to hold the inquest. The Magistrate shall decide to

hold the inquest only after having established that the necessary

pre-requisites for the holding of such an inquest exist.

(4B) The decision of the Magistrate under subarticle (4A)

shall be served on the person who made the report, information or

complaint and upon the suspect. Any one of them may, within two

working days from the date of service of the decision, apply to the

Criminal Court for a reversal of the decision of the Magistrate and

the Criminal Court shall give its decision on the application with

urgency.

(4C) In every case where an inquest is to be held under the

provisions of subarticles (4A) and (4B) the Magistrate who

conducts the inquest shall be chosen by lot from among all the

Magistrates.”.

Amendment of

Article 550 of the Code shall be amended as follows>

article 550 of

the Code.

(a) in subarticle (1) thereof, the words “it shall not be

necessary to examine” shall be deleted and for the words “in the

inquest.” there shall be substituted the words “in the inquest shall

not be produced to give evidence in the inquiry before the Court

of Magistrates as court of criminal inquiry.”<

(b) for subarticle (2) thereof there shall be substituted the

following>

“(2) Nevertheless it shall be lawful for the Police to

produce any of the persons mentioned in subarticle (1) to give

evidence in the inquiry before the Court of Magistrates as

court of criminal inquiry on specific issues and for the

Attorney General to produce any of the said persons in

accordance with the provisions of article 405. It shall also be

lawful for the person charged to produce any of the said

persons for the purpose of cross-examination.”.

Immediately after subarticle (2) of article 550A of the Code Amendment of

article 550A

there shall be inserted the following new subarticle>

of the Code.

“(3) After the lapse of the period of sixty days referred to in

subarticle (1) every interested person may by application request

the magistrate to be heard as a witness, or to hear as witnesses the

persons indicated in the application. The application shall be served

on the Attorney General who may reply within four days.”.

Immediately after article 575 of the Code there shall be added

the following new article>

575A. (1) Saving the provisions of subarticle (6) of

article 574A but notwithstanding any other provision of this

Code or of any other law, where the Court of Magistrates at

any time orders the temporary release from custody of a person

who>

(a) is charged with a scheduled offence and with being

a recidivist in terms of articles 50 and 51< and

(b) has been previously found guilty of a scheduled

offence by means of a judgment which has become res

judicata, the order of the Court shall be given in open court

on a date previously notified to the prosecution and the person

charged and shall be served on the Attorney General by not

later than the next working day.

(2) The Attorney General may, not later than the next

working day following the date of service of the order of the

Court of Magistrates, apply to the Criminal Court for the

revocation or amendment of the order and the Criminal Court

shall appoint the application for hearing not later than two

working days from the filing of the application. The Criminal

Court shall give its decision on the application with urgency.

(3) The execution of the order of the Court of

Magistrates ordering the temporary release of the person

charged shall be suspended during the period allowed to the

Attorney General to apply to the Criminal Court under this

article and, following such application, until the Criminal

Court gives its decision thereon.

(4) The provisions of subarticle (1) of article 575 shall

apply also in the case of a person charged with a scheduled

offence.

(5) For the purposes of this article “scheduled offence”

means any offence listed in the Schedule D to this Code.”.

Article 579 of the Code shall be amended as follows>

(a) the present provision thereof shall be renumbered as

subarticle (1) thereof< and

(b) immediately after subarticle (1) thereof as renumbered

there shall be added the following new subarticle>

“(2) Any person who fails to observe any of the

conditions imposed by the court in its decree granting bail

shall be guilty of an offence and shall, on conviction, be liable

to the punishment of a fine (multa) or to a term of

imprisonment not exceeding six months, or to both such fine

and imprisonment.

(3) Notwithstanding the provisions of any law, any

person charged with any offence as mentioned in subarticle

(2) shall be arraigned in Court under arrest, and it shall be

lawful for the Police to request in the same proceedings the

revocation of bail and the re-arrest of such person. The

proceedings for an offence under subarticle (2) shall be taken

by the Police and shall be decided by the Court with urgency.

(4) It shall be lawful for the Police to enter into any

premises in order to ensure that the conditions imposed by

the court as mentioned in subarticle (1) are being observed. It

shall also be lawful for the Police to arrest without warrant

any person suspected of an offence under subarticle (2).”.

In subarticle (1) of article 604 of the Code, for the words Amendment of

article 604

“Probation Officers” there shall be substituted the words “Probation of the Code.

Officers and any other persons of such a description as the Minister

responsible for justice may, from time to time, prescribe by Order in

the Gazette”.

In subarticle (1) of article 605 of the Code, for the words Amendment of

article 605

from “The Commissioner of Police” to “the best of their knowledge” of the Code.

there shall be substituted the words “The Commissioner of Police or

his representative, a Magistrate, the Attorney General or his

representative, the President of the Chamber of Advocates and the

President of the Chamber of Legal Procurators shall, twice a year, draw

up to the best of their knowledge”.

In subarticle (1) of article 606 of the Code, for the words Amendment of

article 606

“the names of the common jurors.” there shall be substituted the words of the Code.

“the names of the common jurors>” and immediately thereafter there

shall be inserted the following new proviso>

“Provided that the Minister responsible for justice may, by

means of an Order in the Gazette, establish different methods of

selection based on a computerised mechanism.”.

In subarticle (2) of article 611, for the words “and the person

admitted.” there shall be substituted the words “and the person admitted>”

and immediately thereafter there shall be inserted the following new

proviso>

“Provided that for the purpose of challenging a juror for cause

the Attorney General or the accused may request that the juror be

called to reply on oath to questions to be put to the juror to establish

the reason for the challenge.”.

Subarticle (3) of article 639 shall be substituted by the

following>

“(3) Where the only witness against the accused for any

offence in any trial by jury is an accomplice, the Court shall give a

direction to the jury to approach the evidence of the witness with

caution before relying on it in order to convict the accused.”.

In subarticle (2) of article 646 of the Code, for the words

“the provisions of subarticle (8).” there shall be substituted the words

“the provisions of subarticle (8)>” and immediately thereafter there shall

be inserted the following new proviso>

“Provided further that where the witness is a minor under

sixteen years of age and an audio and video-recording of the

testimony of the minor is produced in evidence the minor shall not

be produced to be examined viva voce unless the Court otherwise

directs for a reason which arises after the date of the said testimony

of the minor and considered by the Court to be in the interest of

the administration of justice and the discovery of the truth.”.

Subarticles (1) and (2) of article 674 shall be substituted by

the following>

“(1) Notwithstanding any other provision of this Code or

of any other law but subject to the provisions of article 671, where

any property which is exhibited in court during the proceedings

belongs to a person who is not involved as a principal, an

accomplice or a conspirator in the criminal offence which is the

subject of such proceedings, that person shall, upon proving in a

satisfactory manner his title to the property and satisfying the court

that there was no longer any need that the property remains

materially exhibited in the record of the proceedings, be entitled

to have such property released in his favour by order of the Court

under such terms and conditions as the Court may deem fit, saving,

following such release, any right of the person charged or accused

or of any other person according to law.

(2) The order referred to in subarticle (1) may be given

either on the Court’s own motion or following an application by

the person claiming the property. Where the Court acts upon its

own motion it shall announce its intention to make such an order

by means of a decree. Any such decree or any application made by

the person claiming the property in terms of this subarticle shall

be served on the Attorney General or on the Commissioner of Police

as the case may be, and on the person charged, or accused, each of

whom shall be allowed five working days for a reply.”.

Immediately after article 697 of the Code there shall be Addition of new

article 698 to the

inserted the following new article>

Code.

“Compensation

698. (1) The Minister may make regulations to

of victims of

establish a scheme for the compensation of victims of crime

crime.

under such conditions and restrictions and subject to such

considerations and qualifications as the Minister may provide

and to establish a fund to finance such a scheme.

(2) Without prejudice to the generality of

subarticle (1), any scheme established under this article>

(a) may be of general application extending to all

crimes or may be limited to such crimes as may be

specified in the regulations<

(b) may provide that compensation by

Government to the victim shall only be payable when

the victim has exhausted all remedies available to him

against the offender for the payment of damages suffered

by the victim<

(c) may provide for a ceiling on the amount

payable to any individual victim or group of victims by

way of compensation under the scheme.

(3) The Government shall be subrogated in the

rights of the victim against the offender for the payment of

any sums received by the victim from the Government in

accordance with any scheme established by regulations under

this article.”.

Immediately after Schedule C of the Code there shall be added

the following new schedule >

“Schedule D

(Article 575A)

(a) any crime punishable with a maximum term of

imprisonment of nine years or more<

(b) the crimes envisaged in articles 198 to 207, 216 (1) (a)

(b) (c) and (e), 217, 262(1) (a) and (b), and 263 of this Code (other

than unlawful use or consumption of a service)<

(c) any theft committed against any person under the age

of twelve years or over the age of sixty years other than the theft of

vehicles.”.

Immediately after subarticle (3) of article 791 of the Code of

Organization and Civil Procedure there shall be inserted the following

new subarticle>

“(4) In a spoliation suit the depositions of witnesses given

in criminal proceedings for an offence under article 85 of the

Criminal Code for the same conduct concerned in the suit shall be

admissible as evidence in the suit without prejudice to the right of

the other party to cross-examination.”.

The Medical and Kindred Professions Ordinance, hereinafter

in this article referred to as “the Ordinance”, shall be amended as follows>

(a) in subarticle (7) of article 120A thereof, for the words

“or (b)(i).” there shall be substituted the words “or (b)(i)>” and

immediately thereafter there shall be inserted the following new

provisos>

“Provided that where, in respect of any offence

mentioned in this subarticle, after considering all the

circumstances of the case including the amount and nature of

the drug involved, the character of the person concerned, the

number and nature of any previous convictions, including

convictions in respect of which an order was made under the

Probation Act, the court is of the opinion that the offender

intended to consume the drug on the spot with others, the

court may decide not to apply the provisions of this subarticle>

Provided further that an offender may only benefit once

from the provisions of the above proviso.”< and

(b) in subarticle (1) of article 121E thereof, for the words

“receives a request made by a judicial or prosecuting authority”

there shall be substituted the words “receives, or is informed about,

a request made by or on behalf of a judicial, prosecuting, law

enforcement or other competent authority”.

The White Slave Traffic (Suppression) Ordinance shall be Amendment of the

White Slave Traffic

amended as follows>

(Suppression)

Ordinance, Cap. 63.

(a)

article 2 shall be amended as follows>

(i) in its marginal note, immediately after the words

“leave Malta” there shall be added the words “or comes to

Malta from elsewhere”<

(ii) in subarticle (1) thereof, immediately after the

words “for purposes of prostitution elsewhere” there shall be

added the words “or to come to Malta from elsewhere for the

purposes of prostitution in these islands”< and in the proviso

thereof the words “one to four years” shall be substituted by

the words “two to ten years”<

(b) article 3 thereof shall be amended as follows>

(i) in subarticle (1) thereof, immediately after the words

“leave Malta” there shall be added the words “or come to

Malta”< and immediately after the words “his departure from

Malta” there shall be added the words “or arrival in Malta”,

and the words “from eighteen months to four years” shall be

substituted by the words “from two to five years”<

(ii) in the proviso to subarticle (1), the words “from

time to six years” shall be substituted by the words “from

three to ten years”< and

(c) in subarticle (2) of article 7 thereof, the words “not more

than three months” shall be substituted by the words “not more

than six months”,

The Dangerous Drugs Ordinance, hereinafter in this article

referred to as “the Ordinance”, shall be amended as follows>

(a)

in subarticle (9) of article 22 thereof>

(i) for the words “the Probation of Offenders Act” there

shall be substituted the words “the Probation Act”< and

(ii) for the words “of subarticle (2).” there shall be

substituted the words “of subarticle (2)>” and immediately

thereafter there shall be inserted the following new proviso>

“Provided that where, in respect of any offence

mentioned in this subarticle, after considering all the

circumstances of the case including the amount and

nature of the drug involved, the character of the person

concerned, the number and nature of any previous

convictions, including convictions in respect of which

an order was made under the Probation Act, the court is

of the opinion that the offender intended to consume the

drug on the spot with others, the court may decide not to

apply the provisions of this subarticle>

Provided further that an offender may only benefit

once from the provisions of the above proviso.”< and

(b) in subarticle (1) of article 30D thereof, for the words

“receives a request made by a judicial or prosecuting authority”

there shall be substituted the words “receives, or is informed about,

a request made by or on behalf of a judicial, prosecuting, law

enforcement or other competent authority”.

The Police Act shall be amended as follows>

164. (a) immediately after subarticle (5) of article 48 thereof,

there shall be added the following new sub-articles>

“(6) The Board shall have the power exercisable

through its Chairperson –

(a)

to summon witnesses who shall be heard on

oath<

(b) to administer an oath to any witness and to

any person concerned in the investigation of the

complaint, and require them to give evidence.

(7) Summonses for attendance of witnesses may be in

such form as decided by the Board and shall be signed by the

Chairperson or Secretary of the Board.

(8) A summons may be served either by hand or by

post. Where it is served by hand it shall be sufficient to prove

service by evidence that the summons was left with a person

over the age of sixteen years at the place of residence or of

business of the person summoned and if served by post it

shall be sufficient to prove service by evidence that the

summons was properly addressed and posted.

(9) Any person summoned as aforesaid who refuses,

or without sufficient cause fails, to attend at the time and place

mentioned in the summons, or refuses without sufficient cause,

to answer or to answer fully and satisfactorily, to the best of

his knowledge and belief, all questions put to him by or with

the concurrence of the Board, or refuses or fails, without

sufficient cause, to produce any document he was required to

produce by or with the concurrence of the Board, shall be

liable on conviction to a fine (multa) not exceeding one

hundred liri or to imprisonment not exceeding one month or

to both such fine and imprisonment>

Provided that, without prejudice to the generality of the

provisions of subarticle (6)(b), no person giving evidence

before the Board may be compelled to answer any question

which tends to expose him to any criminal prosecution, and

every such person shall, in respect of any evidence given by

him before the Board be entitled to the same privileges to

which a witness giving evidence before a court of law is

entitled.

(10) No proceedings shall be commenced in respect

of any offence against subarticle (9) without the concurrence

of the Attorney General.”< and

(b) immediately after article 49 thereof there shall be added

the following new article>

Any complaint to the Board shall be submitted

within six months from the date of the occurrence of the

incident complained of and the Board may refuse to consider

any complaint submitted after such period.”.

31. Article 11 of the Press Act shall be substituted by the

following>

“11. Save as otherwise provided in this Act, whosoever

shall, by any means mentioned in article 3, libel any person, shall

be liable on conviction to a fine (multa).”.

32. Article 13 of the Commissioners for Justice Act shall be

amended as follows>

(a) paragraphs (g) to (i) thereof, both inclusive, shall be

renumbered as paragraphs (h) to (j) respectively< and

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

inserted the following new paragraph>

(g) for establishing a local enforcement system and to

determine its functions<”.

Passed by the House of Representatives at Sitting No. 428 of 28th July, 2006.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives