ACT No. VIII of 2012 AN ACT to amend the Criminal Code, Cap. 9.

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