ACT No. XVIII of 2013 AN ACT to amend the Criminal Code.

I assent.

G EORGE A BELA

(L.S.)

President

6th December, 2013

ACT No. XVIII of 2013

AN ACT to amend the Criminal Code.

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 No. 2) Act, 2013, and this Act shall be read and

construed as one with the Criminal Code, hereinafter referred to as

"the Code".

Article 248A of the Code shall be amended as follows

(a) in sub-article (1) thereof, for the words "shall, on conviction,

be liable to the punishment of imprisonment for a term from two to nine

years" there shall be substituted the words "shall, on conviction, be

liable to the punishment of imprisonment from four to twelve years";

(b) in paragraph (c) of sub-article (1) thereof, immediately

after the word "servitude" there shall be added the words "or forced

labour";

(c) in paragraph (d) of sub-article (2) thereof, for the words

"another person." there shall be substituted the words "another

person;" and immediately thereafter there shall be added the

following new paragraph

"(e)

abuse of power or of a position of vulnerability

Provided that in this paragraph "position of

vulnerability" means a situation in which the person concerned

has no real or acceptable alternative but to submit to the abuse

involved.";

(d) immediately after sub-article (2) thereof there shall be

added the following new sub-article

"(3) The consent of a victim of trafficking to the

exploitation, whether intended or actual, shall be irrelevant

where any of the means set forth in sub-article (2) has been

used.".

In article 248B of the Code immediately after the words Amendment of

"pornographic material" there shall be added the words "or other article

the Code.

forms of sexual exploitation".

In article 248C of the Code, for the words "shall on Amendment of

conviction be liable to the punishment of imprisonment for a term article

the Code.

from four to twelve years" there shall be substituted the words "shall

on conviction be liable to the punishment of imprisonment for a term

from six to twelve years".

Article 248E of the Code shall be amended as follows

Amendment of

article 248E of

the Code.

(a) in sub-article (1) thereof, for the words "exchange of

control" there shall be substituted the words "exchange or transfer of

control";

(b) in sub-article (2)(a) thereof for the words "by violence"

there shall be substituted the words "by violence, or has caused

grievous bodily harm" and the words "article 204D(2)" in paragraph

(e) thereof shall be substituted by the words "article 208A(2)";

(c) in sub-article (4) thereof, for the words "shall be liable to

the payment of a fine (multa) of not less than four thousand and six

hundred and fifty-eight euro and seventy-five cents (4,658.75) and

not more than one million and one hundred and sixty-four thousand

and six hundred and eighty-six euro and seventy cents

(1,164,686.70)" there shall be substituted the words "shall be liable to

the payment of a fine (multa) of not less than ten thousand euro

(€10,000) and not exceeding two million euro (€2,000,000)";

(d) immediately after sub-article (4) thereof there shall be

added the following new sub-article

"(4A) Whenever the offence is committed for the benefit,

in part or in whole, of a body corporate by a person who has the

power of representation of the body corporate, authority to take

decisions on behalf of the body corporate, or authority to

exercise control of the body corporate, the legal person may be

subject to

(i)

exclusion from entitlement to public benefits

or aid;

(ii) temporary or permanent disqualification from

the practice of commercial activities;

(iii) placing under judicial supervision;

(iv) judicial winding up; or

(v) temporary

or

permanent

closure

of

establishments.";

(e) sub-article (5) thereof shall be substituted by the following

new sub-article

"(5) Without prejudice to the provisions of article 5, the

Maltese courts shall also have jurisdiction over the said offences

where

(a) only part of the action giving execution to the

offence took place in Malta; or

(b) the offender is a Maltese national or

permanent resident in Malta or the offence was committed

for the benefit of a body corporate registered in Malta; or

(c) the offence was committed against a Maltese

national or permanent resident in Malta.";

(f)

immediately after sub-article (7) thereof, there shall

be added the following new sub-articles

"(8) The provisions of articles 13 and 14 of

the White Slave Traffic (Suppression) Ordinance,

shall, mutatis mutandis, apply.

(9) Notwithstanding any other provision of

this Code or of any other law, the period of

prescription shall run from the day on which the

victim attains the age of majority.".

Immediately after article 248E of the Code there shall be Addition of new

articles to the

added the following new articles

Code.

248F(1). Whosoever aids, abets or

" Aiding and

abetting.

instigates any offence under this sub-title

shall be guilty of an offence and shall be

liable on conviction to the punishment laid

down for the offence aided, abetted or

instigated.

(2) Any person who engages in or

makes use of the services or labour as

referred to in articles 248A to 248D, both

inclusive, in the knowledge that the person

providing the service has been trafficked

within the meaning of article 248E(1), shall

be guilty of an offence and liable, on

conviction, to imprisonment for a term of

eighteen months to five years.

248G. The provisions of articles 21

Non-

applicability

and 28A of this Code and the provisions of

of provisions.

the Probation Act shall not apply in respect

of any person convicted of an offence under

this sub-title.".

In the definition of "violent international crime" in Consequential

regulation 2 of the Criminal Injuries Compensation Scheme amendment

to

Regulations, the words "211 and 216 of the Criminal Code" shall be

substituted by the words "211 and 216, 248A-248D, both inclusive, of

the Criminal Code".

Passed by the House of Representatives at Sitting No. 99 of the

3rd December, 2013.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives