ACT No. XI of 2009 AN ACT further to amend the Criminal Code, Cap. 9.

I assent.

G EORGE A BELA

(L.S.)

President

17th July, 2009

ACT No. XI of 2009

AN ACT further 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 authority of the same, as follows

The short title of this Act is the Criminal Code Short title.

(Amendment) Act, 2009, and this Act shall be read and construed as

one with the Criminal Code, hereinafter referred to as "the Code".

Article 82A of the Code shall be amended as follows

Amendment of

article 82A of

the Code.

(a)

in sub-article (1) thereof, for the words "racial

hatred" wherever they occur there shall be substituted the words

"violence or racial hatred"; and

(b) for sub-article (2) thereof there shall be substituted

the following

"(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.".

Immediately after article 82A of the Code there shall be

Addition of new

articles 82B to

inserted the following new articles

82F to the Code.

" Condoning,

82B. Whosoever publicly condones,

denying or

denies or grossly trivialises genocide, crimes

trivialising

against humanity and war crimes directed

genocide, etc.,

against a group.

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,

Condoning,

denying or

denies or grossly trivialises crimes against

trivialising

crimes against

peace directed against a group of persons

peace against a

defined by reference to race, colour, religion,

group.

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 paragraph (a).

82D. Whosoever aids, abets or instigates

Aiding, abetting

or instigating

any offence under articles 82A to 82C, both

offences under

articles 82A to

inclusive, shall be guilty of an offence and

82C. shall be liable on conviction to the

punishment laid down for the offence aided,

abetted or instigated.

Applicability of

82E. (1) The provisions of articles 121D,

articles 121D,

208B(5) and 248E(4) shall apply mutatis

208B(5),

248E(4) and

mutandis to an offence under articles 82A to

328K of the

82D, both articles inclusive.

Code.

(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.".

Immediately after article 83A of the Code there shall be Addition of new

heading and

inserted the following new heading and new article

new article 83B

to the Code.

"GENERAL PROVISION APPLICABLE TO

OFFENCES WHICH ARE RACIALLY AGGRAVATED

OR MOTIVATED BY XENOPHOBIA

83B. The punishment established for any

General

provision.

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.".

Article 222A of the Code shall be amended as follows

Amendment of

article 222A of

the Code.

(a)

in sub-article (2) thereof, for the words "racially or

religiously aggravated" there shall be substituted the words

"racially or religiously aggravated or motivated, wholly or

partly, by xenophobia";

(b)

in sub-article (3) thereof

(i)

for the words "racially or religiously

aggravated" there shall be substituted the words "racially

or religiously aggravated or motivated by xenophobia";

(ii)

in paragraphs (a) and (b) thereof, for the

word "hostility" wherever it occurs there shall be

substituted the words "hostility, aversion or contempt"; and

(c)

in sub-article (6) thereof, for the word "race," there

shall be inserted the words "race, descent,".

Article 328C of the Code shall be amended as follows

(a)

the present provision thereof shall be renumbered as

subarticle (1) thereof;

(b) immediately after subarticle (1) thereof as

renumbered there shall be added the following new subarticles

"(2)

Whosoever, knowingly -

(a) publicly provokes the commission of

an act of terrorism;

(b) recruits or solicits another person to

commit an act of terrorism;

(c) trains or instructs another person in

the making or use of explosives, firearms or other

weapons or noxious or hazardous substances, or in

other specific methods or techniques, for the

purpose of committing an act of terrorism,

shall be liable to the same punishment laid down in article

328A(3).

(3)

Whosoever contributes to the commission

of an offence mentioned in article 328C(2) by a group of

persons acting with a common design, knowing that the

contribution will further the group’s criminal activity or

criminal purpose to commit any such offence, shall be

liable to the same punishment laid down in article

328B(3)(b).

(4)

For the commission of an offence under this

article it shall not be necessary that an act of terrorism be

actually committed.".

Immediately after Sub-title IVA of Title IX of Part II of Insertion of new

sub-title to the

Book First of the Code there shall be inserted the following

Code.

"Sub-title IVB

OF PIRACY

328N.(1) For the purposes of this sub-

Definition of

piracy.

title "piracy" means any of the following

acts

(a)

any illegal acts of violence

or detention, or any act of depredation,

committed for private ends by the crew

or passengers of a private ship or a

private aircraft, and directed

(i)

on the high seas,

against another ship or aircraft, or

against persons or property on

board such ship or aircraft;

(ii)

against a ship,

aircraft, persons or property in a

place outside the jurisdiction of

any State

(b) any of the acts referred to in

paragraph (a) committed by the crew or

passengers of a warship, government

ship or government aircraft whose crew

has mutinied and taken control of the

ship or aircraft;

(c)

any act of voluntary

participation in the operation of a ship

or of an aircraft with knowledge of

facts making it a pirate ship or aircraft;

(d) any act of inciting or of

knowingly facilitating an act described

in subparagraph (a) or (b) or (c).

(2) For the purposes of this Title, a ship

or aircraft is considered a pirate ship or

aircraft if it is intended by the persons in

dominant control to be used for the purpose

of committing one of the acts referred to in

subarticle (1) or if the ship or aircraft has

been used to commit any such act and the

ship or aircraft remains under the control of

the person guilty of that act.

(3) Any person guilty of piracy under

this article shall be liable

(a)

where the offence consists

in any of the acts referred to in

paragraphs (a) and (b) of subarticle (1)

when accompanied with the loss of life

of any person, to the punishment of

imprisonment for life;

(b) where the offence consists

in any of the acts referred to in

paragraphs (a) and (b) of subarticle (1)

when not accompanied with the loss of

life of any person, to the punishment of

imprisonment not exceeding thirty

years;

(c)

where the offence consists

in any act referred to in paragraph (c) of

subarticle (1), to the punishment of

imprisonment for a term not exceeding

eight years;

(d) where the offence consists

in any act referred to in paragraph (d)

of subarticle (1), to the punishment laid

down for the act incited or facilitated.

328O.(1) Without prejudice to the

Jurisdiction.

provisions of article 5, the Maltese courts

shall also have jurisdiction over the offences

laid down in this article where the offence is

committed

(a)

by any citizen of Malta or

permanent resident in Malta;

(b) by any person while on

board any ship, vessel or aircraft

belonging to Malta;

(c)

by any person against any

ship, vessel or aircraft belonging to

Malta or against the person or property

of any citizen of Malta or permanent

resident in Malta.

(2) For the purposes of this article a

ship, vessel or aircraft shall be deemed to

belong to Malta in the same circumstances

mentioned in article 5(2).".

Immediately after article 337G of the Code there shall be Addition of new

article 337H to

added the following new article

the Code.

" Applicability

337H.(1) The provisions of articles 121D,

of articles 121D,

208B(5) and 248E(4) shall apply mutatis

208B(5),

mutandis to any offence under this sub-title.

248E(4) and

328K of the

(2) The provisions of article 328K shall

Code.

also apply mutatis mutandis to any offence

under this sub-title as if the reference therein

to article 328J were a reference to article

121D.".

Paragraph (z) of article 338 of the Code shall be amended Amendment of

article 338 of

as follows

the Code.

(a)

for the words "his or her spouse" therein there shall

be substituted the words "a person" and for the words "the

spouse and, or, the children" therein there shall be substituted

the words "that person";

(b) in the proviso to the paragraph, for the words "six

months;" therein there shall be substituted the words "six

months:" and immediately thereafter there shall be inserted the

following new proviso

"Provided further that where the offender is a

recidivist in a contravention under this paragraph the

offender shall be liable to the punishment of detention not

exceeding three months or a fine (multa) not exceeding

two hundred euro or imprisonment for a term not

exceeding two months;".

In subarticle (2) of article 579 of the Code for the words Amendment of

"and imprisonment." there shall be substituted the words "and article

the Code.

imprisonment and the sum stated in the bail bond may be forfeited to

the Government of Malta.".

In subarticle 5 of article 649 of the Code, for the words Amendment of

"the magistrate shall comply" there shall be substituted the words "the article

the Code.

magistrate shall, as nearly as may be, conduct the proceedings as if

they were an inquiry relating to the in genere but shall comply".

Passed by the House of Representatives at Sitting No. 140 of the

14th July, 2009.

L OUIS G ALEA

Speaker

P AULINE A BELA

Clerk to the House of Representatives