ACT No. VIII of 2012 AN ACT to amend the Criminal Code, Cap. 9.
Table of Provisions (9)
Statutory Text (9 Articles)
I assent.
G EORGE A BELA
(L.S.)
President
26th June, 2012
ACT No. VIII of 2012
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 authority of the same, as follows:-
The short title of this Act is the Criminal Code
(Amendment) Act, 2012, 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
(a)
in subarticle (1) thereof for the words "or racial
hatred or whereby" there shall be substituted the words "or
hatred against another person or group on the grounds of gender,
gender identity, sexual orientation, race, colour, language,
ethnic origin, religion or belief or political or other opinion or
whereby such";
(b) subarticle (2) thereof shall be substituted by the
following
"(2) For the purposes of the foregoing subarticle
"violence or hatred" means violence or hatred against a
person or against a group of persons in Malta defined by
reference to gender, gender identity, sexual orientation, race,
colour, language, ethnic origin, religion or belief or political
or other opinion.".
Article 82C of the Code shall be amended as follows
Amendment of
article 82C of
the Code.
(a)
in subarticle (1) thereof immediately after the words
"peace directed against" there shall be inserted the words "a
person or" and the words "race, colour, religion, descent or
national or ethnic origin or against a member of such a
group" shall be substituted by the words "gender, gender
identity, sexual orientation, race, colour, language, ethnic origin,
religion or belief or political or other opinion";
(b) in paragraph (a) of subarticle (1) thereof for the
words "group or a member of such a" there shall be
substituted by the words "person or"; and
(c)
in subarticle (2) thereof for the words "conduct
consisting in" there shall be substituted by the words
"conduct consisting of".
In article 83B of the Code for the words "is racially or Amendment of
religiously aggravated within the meaning of sub-articles (3) to article
the Code.
(6), both inclusive, of article 222A or is motivated, wholly or
partly, by xenophobia" there shall be substituted the words
"aggravated or motivated, wholly or in part by hatred against a person
or a group, on the grounds of gender, gender identity, sexual
orientation, race, colour, language, ethnic origin, religion or belief or
political or other opinion within the meaning of sub-articles (3) to (6),
both inclusive, of article 222A.".
Article 222A of the Code shall be amended as follows
Amendment of
article 222A of
the Code.
(a)
in subarticle (2) thereof for the words "racially or
religiously aggravated or motivated, wholly or partly, by
xenophobia within the meaning of the following subarticles"
there shall be substituted the words "aggravated or motivated
on the grounds of gender, gender identity, sexual orientation,
race, colour, language, ethnic origin, religion or belief or political
or other opinion";
(b) in subarticle (3) thereof for the words "racially or
religiously aggravated or motivated by xenophobia if:" there
shall be substituted the words "aggravated or motivated on
grounds of gender, gender identity, sexual orientation, race,
colour, language, ethnic origin, religion or belief or political or
other opinion if:";
(c)
in paragraph (a) of subarticle (3) thereof for the
words "of a racial or religious group; or" there shall be
substituted the words "of a group, denoting a particular gender,
gender identity, sexual orientation, race, colour, language, ethnic
origin, religion or belief or political or other opinion; or";
(d) in paragraph (b) of subarticle (3) thereof for the
words "racial group based on their membership of that group"
there shall be substituted the words "group as referred to in
paragraph (a)."; and
(e)
in subarticle (4) thereof the words "racial or
religious" shall be deleted;
In article 251D of the Code for the words "racially or
religiously aggravated" there shall be substituted the words
"aggravated or motivated on the grounds of gender, gender identity,
sexual orientation, race, colour, language, ethnic origin, religion or
belief or political or other opinion".
In article 325A of the Code the words "in respect of a
relevant offence" shall be deleted and for the words "racially or
religiously aggravated" there shall be substituted the words
"aggravated or motivated on the grounds of gender, gender identity,
sexual orientation, race, colour, language, ethnic origin, religion or
belief or political or other opinion".
In article 6 of the Press Act for the words "race, creed,
colour, nationality, sex" there shall be substituted the words "gender,
gender identity, sexual orientation, race, colour, language, ethnic
origin, religion or belief or political or other opinion," and the words
"or national or ethnic origin" shall be deleted.
Passed by the House of Representatives at Sitting No. 491 of the
19th June, 2012.
M ICHAEL F RENDO
Speaker
R AYMOND S CICLUNA
Clerk to the House of Representatives