ACT No. XXIV of 2014 AN ACT to amend the Criminal Code (Cap. 9.) and to provide for any other matters ancillary or consequential thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

1st August, 2014

ACT No. XXIV of 2014

AN ACT to amend the Criminal Code (Cap. 9.) and to provide for

any other matters ancillary or consequential thereto.

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:-

(1) The short title of this Act is the Various Laws

(Criminal Matters) (Amendment No. 2) Act, 2014.

(2) The provisions of this Act shall come into force on such

date as the Minister responsible for Justice may by notice in the

Gazette establish, and different dates may be so established for

different provisions and for different purposes of this Act.

PART I

Amendments to the Criminal Code

This Part amends the Criminal Code, and it shall be read

and construed as one with the Criminal Code, hereinafter in this Part

referred to as "the Code".

In sub-paragraph (i) of paragraph (e) of sub-article (1) of

article 5 of the Code, for the words "314B, 316" there shall be

substituted the words "314B, 314CA, 316".

In sub-paragraph (b) of article 17 of the Code, the words

"provided the period to be awarded shall not exceed thirty-five years"

shall be deleted.

Article 23C of the Code shall be amended as follows

Amendment of

article 23C of

the Code.

(a)

in sub-article (2) thereof, for the words "(3A)(b) and

(d)" there shall be substituted the words "(3A)(b) and (d) and

(7)"; and

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) For the purposes of this article

"relevant offence" means any offence not being one

of an involuntary nature, liable to the punishment of

imprisonment for a term of more than one year;

"property" shall have the same meaning assigned to

it by article 23B(3).".

Article 28G of the Code shall be amended as follows

Amendment of

article 28G of

the Code.

(a)

immediately after sub-article (1) thereof, there shall

be added the following new sub-article

"(1A) Where a supervision order is made in

accordance with the provisions of sub-article (1), the court

may, in addition to the order, make a community service

order as defined in article 11 of the Probation Act and the

provisions of the Probation Act shall, mutatis mutandis,

apply to any such order."; and

(b) immediately after sub-article (9) thereof, there shall

be added the following new sub-article

"(10) Any reference to a supervision order shall be

deemed to include a community service order.".

Article 31 of the Code shall be amended as follows

Amendment of

article 31 of the

Code.

(a)

sub-paragraph (i) to sub-paragraph (xiv), both

inclusive, of paragraph (b) of sub-article (1) thereof shall be

renumbered as sub-paragraphs (ii) to (xv) respectively and

immediately before sub-paragraph (ii), as renumbered, there

shall be added the following new sub-paragraph

"(i) from ten years to forty years;";

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

words "the descent from the fourteenth degree" there shall be

substituted the words "the descent from the fifteenth degree";

and

(c)

in paragraph (d) of sub-article (1) thereof for the

words "commencing from the fourteenth degree" there shall be

substituted the words "commencing from the fifteenth degree".

Article 49 of the Code shall be substituted by the following

new article

"49. (1) A person is deemed to be a recidivist if, after

being sentenced for any offence by a judgement, even when

delivered by a foreign court, which has become res judicata, he

commits another offence.

(2) In any proceedings under or for the purposes of this

article, a document, duly authenticated, which certifies that a

person was convicted on a date specified in the document of an

offence against the law of that State, or part of that State, shall

be admissible as evidence of the fact and date of the conviction

without any need for further evidence.

(3) A document shall be deemed to be

duly

authenticated if one of the following conditions applies

(a) it purports to be signed by a judge, magistrate

or officer of the sentencing State; or

(b) it purports to be certified, whether by seal or

otherwise, by the Ministry, department or other authority

responsible for justice or for foreign affairs of the

sentencing State; or

(c) it purports to be authenticated by the oath,

declaration or affirmation of a witness.

(4) Any document which is to be sent in connection

with proceedings under this article may be transmitted by any

secure means capable of producing written records and under

conditions permitting the ascertainment of its authenticity.

(5) In this article, "oath" includes an affirmation or a

declaration; and nothing in this article shall be construed as

prejudicing the admission in evidence of any document which is

admissible in evidence under any other provision of law.".

Immediately before article 54A of the Code, the heading

of Title I of Part II of Book First shall be substituted by the following

new heading: "OF GENOCIDE, CRIMES AGAINST HUMANITY,

WAR CRIMES AND CRIMES OF AGGRESSION".

Article 54A of the Code shall be amended as follows

Amendment of

article 54A of

the Code.

(a)

sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) It is a crime for a person to commit genocide,

a crime against humanity, a war crime or a crime of

aggression.";

(b) in sub-article (2) thereof, immediately after the

definition "war crime" there shall be added the following new

definition

" "crime of aggression" means a war crime as

defined in article 54DA;"; and

(c)

in sub-article (4) thereof, for the words "54C and

54D" there shall be substituted the words "54C, 54D and

54DA".

Immediately after sub-paragraph (xii) of paragraph (e) of Amendment of

article 54D of

article 54D of the Code, there shall be added the following new sub- the Code.

paragraphs

"(xiii) employing poison or poisoned weapons;

(xiv) employing asphyxiating, poisonous or other gases,

and all analogous liquids, materials or devices;

(xv) employing bullets which expand or flatten easily in

the human body, such as bullets with a hard envelope which

does not entirely cover the core or is pierced with incisions;".

Immediately after article 54D of the Code, there shall be Addition of new

article to the

added the following new article

Code.

" Crime of

54DA. (1) A crime of aggression means

aggression.

the planning, preparation, initiation or

execution, by a person in a position effectively

to exercise control over or to direct the political

or military action of a State, of an act of

aggression which, by its character, gravity and

scale, constitutes a manifest violation of the

Charter of the United Nations.

(2) For the purposes of this article an

"act of aggression" means the use of armed

force by a State against the sovereignty,

territorial integrity or political independence of

another State, or in any other manner

inconsistent with the Charter of the United

Nations.

(3) Any of the following acts,

regardless of a declaration of war, shall, in

accordance with UN General Assembly

Resolution 3314(XXIX) of 14 December 1974,

qualify as an act of aggression

(a)

the invasion or attack by the

armed forces of a State of the territory of

another State, or any military

occupation,

however

temporary,

resulting from such invasion or attack,

or any annexation by the use of force of

the territory of another State or part

thereof;

(b) bombardment by the armed

forces of a State against the territory of

another State or the use of any weapons

by a State against the territory of another

State;

(c)

the blockade of the ports or

coasts of a State by the armed forces of

another State;

(d) an attack by the armed

forces of a State on the land, sea or air

forces, or marine and air fleets of

another State;

(e)

the use of armed forces of

one State which are within the territory

of another State with the agreement of

the receiving State, in contravention of

the conditions provided for in the

agreement or any extension of their

presence in such territory beyond the

termination of the agreement;

(f)

the action of a State in

allowing its territory, which it has

placed at the disposal of another State,

to be used by that other State for

perpetrating an act of aggression against

a third State; and

(g) the sending by or on behalf

of a State of armed bands, groups,

irregulars or mercenaries, which carry

out acts of armed force against another

State of such gravity as to amount to the

acts listed above, or its substantial

involvement therein.".

Article 82A of the Code shall be amended as follows

Amendment of

article 82A of

the Code.

(a)

for the words "violence or hatred", wherever they

occur in the said article 82A, there shall be substituted the words

"violence or racial hatred"; and

(b) in sub-article (2) thereof, for the words "language,

ethnic origin," there shall be substituted the words "language,

national or ethnic origin, citizenship,".

In article 82B of the Code, for the words "descent or Amendment of

national" there shall be substituted the words "citizenship, descent or article

the Code.

national".

In sub-article (1) of article 82C of the Code, for the words Amendment of

"language, ethnic origin," there shall be substituted the words article

the Code.

"language, national or ethnic origin, citizenship,".

In article 83 of the Code, immediately after the words Amendment of

"who establishes, maintains" there shall be added the words "on his article

Code.

own or with other persons"; and for the words "to a fine (multa) not

exceeding two hundred and thirty-two euro and ninety-four cents

(232.94) or to imprisonment for a term not exceeding six months, or

to both such fine and imprisonment" there shall be substituted the

words "to a fine (multa) not exceeding five thousand euro (€5000) or

to imprisonment for a term from nine months to five years, or to both

such fine and imprisonment".

Article 83A of the Code shall be amended as follows

Amendment of

article 83A of

the Code.

(a)

sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) Any person who -

(a) promotes, constitutes, organises or

finances an organization with a view to commit

criminal offences liable to the punishment of

imprisonment for a term of four years or more; or

(b) knowing or having reasonable cause to

suspect the aim or general activity of the

organization set up for the purpose mentioned in

paragraph (a), actively takes part in the

organisation’s criminal activities, including but not

limited to the provision of information or material

means or the recruitment of new members,

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

to the punishment of imprisonment for a term from four to

nine years.";

(b) in sub-article (2) thereof, for the words "shall for

that mere fact be liable to the punishment of imprisonment

for a term from one to five years" there shall be substituted the

words "shall for that mere fact be liable to the punishment of

imprisonment for a term from two to seven years"; and

(c)

in the Maltese version of sub-article (4) thereof, for

the words "taħt dan l-artikolu" there shall be substituted the

words "taħt dan it-titolu".

In the Sub-title before article 83B of the Code, for the

words "MOTIVATED BY XENOFOBIA" there shall be substituted

the words "MOTIVATED BY XENOFOBIA OR HOMOFOBIA".

83B.

In article 83B of the Code, for the words "language, ethnic

origin," there shall be substituted the words "language, national or

ethnic origin, citizenship,", and for the words "sub-articles (3) to (6),

both inclusive, of article 222A." there shall be substituted the words

"sub-articles (3) to (6), both inclusive, of article 222A:", and

immediately thereafter there shall be added the following new

"Provided that the provisions of this article shall not apply

where an aggravation of punishment in respect of the motives

mentioned in this article is already provided for under this Code

or any other law.".

Immediately after article 83B of the Code there shall be

added the following new article

" Offences

83C. Whenever an offence is committed

committed by a

for the benefit, in part or in whole, of a body

body corporate.

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

(a)

exclusion from entitlement

to public benefits or aid;

(b) temporary or permanent

disqualification from the practice of

commercial activities;

(c)

placing

under

judicial

supervision;

(d) judicial winding up; or

(e)

temporary or permanent

closure of establishments

Provided that the provisions of this

article shall not apply where the

punishment mentioned in this article is

already provided for under this Code or

any other law.".

Immediately after article 135 of the Code there shall be Addition of new

article to the

added the following new article

Code.

" Promotion of

135A. Any public officer or servant

violence or

who, under colour of his office, creates or

racial hatred by

assumes leadership of a group which

public officers.

promotes violence or racial hatred within the

meaning of sub-articles (3) to (6), both

inclusive, of article 222A, shall, where the act

committed does not constitute a more serious

offence, be liable to the punishment of

imprisonment for a term from one to five

years.".

In article 161 of the Code, for the words "destined for Amendment of

public utility or public embellishment, and erected by, or with the article

the Code.

permission of the public authority, shall, on conviction, be liable

to imprisonment for a term from one month to one year or to a fine

(multa) not exceeding two thousand and three hundred and twenty-

nine euro and thirty-seven cents (2,329.37)" there shall be substituted

the words "destined for public utility or public embellishment, and

erected by, or with the permission of the public authority, shall, on

conviction, be liable to imprisonment for a term from six to

eighteen months or to a fine (multa) not exceeding three thousand

and five hundred euro (€3,500)".

In article 162 of the Code, for the words "on conviction,

be liable to imprisonment for a term from one to eighteen months

or to a fine (multa) not exceeding one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69)" there shall be

substituted the words "on conviction, be liable to imprisonment for

a term from nine months to two years or to a fine (multa) not

exceeding five thousand euro (€5,000)".

Article 222A of the Code shall be amended as follows

(a)

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

ethnic origin," there shall be substituted the words "language,

national or ethnic origin, citizenship,"; and

(b) in sub-article (3) thereof, for the words "language,

ethnic origin," there shall be substituted the words "language,

national or ethnic origin, citizenship,".

Article 250 of the Code shall be amended as follows

(a)

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

eighteen months" there shall be substituted the words "one to

four years"; and

(b) in sub-article (2) thereof, for the words "seven

months to three years" there shall be substituted the words

"eighteen months to five years".

Immediately after sub-article (2) of article 251 of the Code

there shall be added the following new sub-article

"(3) Whosoever shall cause another to fear that violence

will be used against him or his property or against the person or

property of any of his ascendants, descendants, brothers or

sisters or any person mentioned in article 222(1) shall be liable

to the punishments prescribed in sub-article (1) decreased by

one to two degrees

Provided that where the offender shall have attained

his end, he shall be liable to the punishment laid down in sub-

article (2) decreased by one to two degrees.".

Sub-article (4) of article 251A of the Code shall be Amendment of

article 251A of

amended as follows

the Code.

(a)

for the words "one to three months" there shall be

substituted the words "one to six months"; and

(b) for the words "two thousand and three hundred and

twenty-nine euro and thirty-seven cents (2329.37) and not more

than four thousand and six hundred and fifty-eight euro and

seventy-five cents (4658.75)" there shall be substituted the

words "two thousand five hundred euro (2,500) and not more

than five thousand euro (5,000)".

Immediately after article 251A of the Code, there shall be Addition of new

article to the

added the following new article

Code.

" Stalking.

251AA. (1) A person who:".

(a)

pursues a course of conduct

in breach of article 251A(1), and

(b) the course of conduct

amounts to stalking,

shall be guilty of an offence under this article.

(2) For the purposes of paragraph (b) of

sub-article (1) of this article and article

251BA(1)(a), a person’s course of conduct

amounts to stalking of another person if

(a)

it amounts to harassment of

that person,

(b) the acts or omissions

involved are ones associated with

stalking, and

(c)

the person, whose course of

conduct it is, knows or ought to know

that the course of conduct amounts to

harassment of the other person.

(3) The following are examples of acts

or

omissions

which,

in

particular

circumstances, are ones associated with

stalking

(a)

following a person,

(b) contacting, or attempting to

contact, a person by any means,

(c)

publishing, by any means,

any statement or other material -

(i) relating or purporting

to relate to a person, or

(ii) purporting

to

originate from a person,

(d) monitoring the use by a

person of the internet, email or any other

form of electronic communication,

(e)

loitering in any place,

whether public or private,

(f)

interfering with any property

in the possession of a person,

(g) watching or spying on a

person.

(4) A person guilty of an offence under

this article shall be liable to the punishment of

imprisonment for a term from six to twelve

months or to a fine (multa) not exceeding ten

thousand euro (10,000), or to both such fine

and imprisonment

Provided that the punishment shall be

increased by one degree when the offence is

committed against any person mentioned in

article 222(1).".

Immediately after article 251B of the Code, there shall be

Adds new

article to the

added the following new article

Code.

" Stalking

251BA. (1) A person whose course of

involving fear

conduct -

of violence,

serious alarm

(a)

amounts to stalking, and

or distress.

(b) either

(i) causes another to fear

on at least two occasions that

violence will be used against him,

or

(ii) causes him serious

alarm or distress which has a

substantial adverse effect on his

usual day-to-day activities,

shall be guilty of an offence under this article if

he knows or ought to know that his course of

conduct will cause that person so to fear on

each of those occasions or, as the case may be,

will cause such alarm or distress.

(2) For the purposes of this article, the

person whose course of conduct is in question

ought to know that it will cause another person

to fear that violence will be used against him

on any occasion if a reasonable person in

possession of the same information would

think the course of conduct would cause the

other so to fear on that occasion.

(3) For the purposes of this article, the

person whose course of conduct is in question

ought to know that it will cause another person

serious alarm or distress which has a

substantial adverse effect on the said person’s

usual day-to-day activities if a reasonable

person in possession of the same information

would think the course of conduct would cause

the other such alarm or distress.

(4) It shall be a defence for a person

charged with an offence under this article that

his course of conduct was pursued in the

circumstances mentioned in article 251B(3)(a)

or (b).

(5) A person guilty of an offence under

this article shall be liable to imprisonment for a

term for nine months to five years or to a fine

(multa) not exceeding thirty thousand euro

(30,000), or to both such fine and

imprisonment

Provided that the punishment shall

be increased by one degree when the offence is

committed against any person mentioned in

article 222(1).

(6) The acquittal of a person charged

with an offence under this article shall not

exclude a conviction for an offence under

articles 251A or 251AA.

(7) This article shall be without

prejudice to the generality of the provisions of

article 251B.".

In article 251C of the Code, for the words "51A and 251B" Amendment of

article 251C of

there shall be substituted the words "51A to 251BA, both inclusive.".

the Code.

Article 251D of the Code shall be substituted by the Substitution of

article 251D of

following

the Code.

" General

251D. (1) The punishments established

provisions.

in the foregoing provisions of this sub-title

shall be increased by one to two degrees when

the offence is aggravated or motivated on the

grounds of gender, gender identity, sexual

orientation, race, colour, language, national or

ethnic origin, citizenship, religion or belief or

political or other opinion within the meaning

of sub-articles (3) to (6), both inclusive, of

article 222A.

(2) The punishments established in

articles 251A to 251BA, both inclusive, shall

be increased by one degree when the offence

is committed by any of the means mentioned

in article 337B(1).

(3) Where a person is charged under

articles 251 to 251BA, both inclusive, the court

may make an order in terms of sub-article (1)

and paragraphs (a) to (c), both inclusive, of

sub-article (3) of article 412C.".

Article 298B of the Code shall be substituted by the

Substitution of

article 298B of

following

the Code.

" Violation of

298B. (1) Any person who, in the

copyright.

exercise of any trade or in the course of

business or with a view to gain for himself or

for any other person, or with intent to cause

loss to, or to prejudice, another person

(a)

prints,

manufactures,

duplicates or otherwise reproduces, or

sells, distributes or otherwise offers for

sale or distribution, any article or other

thing in violation of the rights of

copyright protected by or under Maltese

law, or

(b) has in his possession,

custody or control any such article or

other thing with a view to carrying out

any of the acts mentioned under

paragraph (a),

shall, on conviction, be liable to

imprisonment for a term not exceeding three

years or to a fine (multa) of not less than three

thousand euro (€3,000) and not more than

twenty-four thousand euro (€24,000) or to

both such fine and imprisonment.

(2) Proceedings under this article may

not be taken except on the complaint of the

injured party.".

In article 308 of the Code, for the words "to imprisonment Amendment of

for a term from seven months to two years" there shall be article

the Code.

substituted the words "to imprisonment for a term from one to

seven years".

In article 309 of the Code, for the words "imprisonment Amendment of

for a term from one to six months" there shall be substituted the article

the Code.

words "imprisonment for a term from two months to two years".

Article 310 of the Code shall be substituted by the following Substitution of

article 310 of

new article

the Code.

"310. (1) In cases referred to in this sub-title -

(a) when the amount of damage caused by the

offender exceeds five thousand euro (€5000), the

punishment shall be that of imprisonment from two to

nine years;

(b) when the amount of damage caused by the

offender exceeds five hundred euro (€500) but does not

exceed five thousand euro (€5000), the punishment shall

be that of imprisonment from six months to four years

Provided that if the punishment laid down for the

relevant offence in the preceding articles of this Sub-

title is higher than the punishment laid down in this

paragraph the former punishment shall apply increased

by one degree and in the case of the offence under

article 294 the punishment so increased shall not be

awarded in its minimum;

(c) when the amount of the damage caused by

the offender does not exceed five hundred euro (€500), the

offender shall be liable to imprisonment for a term not

exceeding six months.

(2)

The provisions of sub-article (1)(c) shall not

apply in the case of any of the crimes referred to in articles

296 and 298.".

In article 310A of the Code, for the words "121C, 121D

and 248E(4)" there shall be substituted the words "121C, 121D,

248E(4) and 328K".

Immediately after article 310B of the Code, there shall be

added the following new article

" Possession,

310BA.(1) Whosoever is found to be in

making or

possession or has under his control any article

supplying etc.,

for use in the course of or in connection with

of articles for

use in fraud.

any fraud, shall be guilty of an offence and

shall, on conviction, be liable to imprisonment

for a term for a term from six months to three

years and to the forfeiture of the said articles.

(2) Whosoever makes, adapts, supplies

or offers to supply any article -

(a)

knowing that it is designed

or adapted for use in the course of or in

connection with fraud, or

(b) intending it to be used to

commit, or assist in the commission of,

fraud,

shall be guilty of an offence and shall, on

conviction, be liable to imprisonment for a

term from twelve months to five years and to

the forfeiture of the said articles.

(3) For the purposes of this article

"article" includes any document,

program or data held in electronic form;

and

"document" shall have the meaning

assigned to it by article 558(2).".

Article 316 of the Code shall be amended as follows

(a)

for the words "vessel, dock" there shall be

substituted "vessel, vehicle, dock";

(b) in paragraph (a) thereof, for the words "nine to

twelve years;" there shall be substituted the words "six to twelve

years"; and

(c)

in paragraph (b) thereof, for the words "five to nine

years." there shall be substituted the words "four to nine years.".

In article 317 of the Code, for the words "any building, Amendment of

article 317 of

shed" there shall substituted the words "any building, vehicle, shed"; the Code.

and for the words "such building, shed" there shall be substituted the

words "such building, vehicle, shed".

In article 318 of the Code, for the words "any building, Amendment of

article 318 of

shed" there shall be substituted the words "any building, vehicle, shed"; the Code.

and for the words "such building, shed" there shall be substituted the

words "such building, vehicle, shed" and for the words "any other

building, shed".

Sub-article (1) of article 325 of the Code shall be amended Amendment of

article 325 of

as follows

the Code.

(a)

paragraph (a) thereof shall be substituted by the

following new paragraph

"(a) if the amount of the damage exceeds two

thousand and five hundred euro (2,500), to imprisonment

for a term from eighteen months to four years;";

(b) paragraph (b) thereof shall be substituted by the

following new paragraph

"(b) if the amount of the damage does not exceed

two thousand and five hundred euro (2,500) but exceeds

two hundred and fifty euro (250), to imprisonment for a

term from eight to fourteen months;";

(c)

paragraph (c) thereof shall be substituted by the

following new paragraph

"(c) if the amount of the damage does not exceed

two hundred and fifty euro (250), to imprisonment for a

term not exceeding six months;".

In sub-article (1) of article 325A of the Code, for the words Amendment of

article 325A of

"language, ethnic origin," there shall be substituted the words the Code.

"language, national or ethnic origin, citizenship,".

Article 328 of the Code shall be amended as follows

Amendment of

article 328 of

the Code.

(a)

in the proviso thereto, for the words "on the

complaint of the injured party." there shall be substituted the

words "on the complaint of the injured party:" and

(b) immediately after the proviso thereto there shall be

added the following new proviso

"Provided further that the proceedings referred to

in paragraph (d) with respect to damage caused on a motor

vehicle, which is public property, on the complaint of the

head of the Government department in charge of the said

vehicle, the provisions of article 374(d) shall not apply to

those proceedings after the complainant will have

confirmed his complaint under oath before the court and

the absence of the complainant from attendance in court in

any stage of the proceedings shall not be considered to

constitute desertion of the proceedings or the withdrawal

of the complaint as long as such absence occurs at a stage

which is subsequent to the said confirmation on oath of the

complaint by the complainant.".

In the Maltese version of sub-paragraph (i) of paragraph

(a) of sub-article (1) of article 328N of the Code, for the words "bejn

sema u ilma" there shall be substituted the words "f’ibħra

miftuħa".

In paragraph (c) of article 355AV of the Code, for the

words "consent of the person arrested:" there shall be substituted the

words "consent of the person arrested and the provisions of the

proviso to article 355BB shall, mutatis mutandis, apply:".

Article 355BA of the Code shall be amended as follows

(a)

in paragraph (a) of sub-article (1) thereof, for the

words "palm-prints" there shall be substituted the words "palm-

prints, other prints or hand-writing samples"; and

(b) in paragraph (a) of sub-article (2) thereof, for the

words "palm-prints or other prints" there shall be substituted

the words "palm-prints, other prints or hand-writing samples".

The proviso to article 355BB of the Code shall be

substituted by the following

"Provided that in the event that the person, other than the

person arrested, withholds his consent to the taking of a sample,

whether intimate or non-intimate, a Magistrate’s authorisation

may also be obtained upon an application and, saving the

provisions of article 355AZ, such authorization shall also cover

the taking of any proportionate and necessary measures,

including the use of force, by the Executive Police to give effect

to such authorization.".

Immediately after article 355BC of the Code there shall be

added the following new article

" Use of

355BD. The Commissioner of Police

specimens.

may make use of specimens, which would have

been taken in criminal proceedings, for the

purposes of subsequent criminal proceedings.".

In sub-article (1) of article 360A of the Code for the words Amendment of

"or by an employee or officer of a body corporate established by law", article

the Code.

there shall be substituted the words "or by an employee or officer of a

body corporate established by law or by a representative of an

undertaking as defined in terms of article 2 the Electronic

Communications (Regulation) Act".

Immediately after article 360A of the Code there shall be Addition of new

article to the

added the following new article

Code.

" Judgements

360B. (1)

Notwithstanding the other

in absentia .

provisions of this Code or of any other law, the

provisions of this article shall apply to offences

within the jurisdiction of the Court of

Magistrates as a court of criminal judicature

under article 370(1).

(2) Where a person, having been

charged with an offence referred to in sub-

article (1) and having been duly served with a

summons, fails to appear personally before the

court, he shall be deemed to have given his

consent for the trial to proceed in his absence

and, the court shall proceed with the hearing in

the absence of the person charged and shall

thereupon proceed to deliver judgement

Provided that any person charged as

aforesaid may instead of appearing before the

Court of Magistrates file in the Registry of that

court representations in writing and, or a

declaration on the facts of the case confirmed

on oath contesting the charge against him, and

the Court shall, prior to deciding the case, take

into account such representations and, or a

declaration as if they had been made viva voce

before the said court.

(3) A judgement delivered in terms of

this article shall be subject to appeal.

(4) Where no appeal is filed, a

judgement delivered in terms of this article

shall be served on the offender personally who,

within seven working days of service, shall

have a further right of appeal against

judgement and the provisions of this code

relating to appeals shall, subject to the

provisions of this article, mutatis mutandis

apply

Provided that there shall be no right

of appeal if it is shown that any of the

following circumstances exist

(a) the offender was in due time

(i)

summoned in person and

thereby informed of the scheduled date

and place of the trial which resulted in

the judgement, or by other means

actually received official information of

the scheduled date and place of that trial

in such a manner that it was

unequivocally established that he was

aware of the scheduled trial; and

(ii) informed that a judgement

may be handed down if he does not

appear for the trial; or

(b) the offender, being aware of the

scheduled trial, had given a mandate to legal

counsel appointed by him to defend him at his

trial, and was indeed defended by the said legal

counsel at the trial.

(5) A summons issued under this article

shall also contain an intimation that in default

of appearance the person summoned shall be

deemed to have given his consent for the trial

to proceed in his absence.

(6) Where a judgement is served as

provided under sub-article (4) the offender

shall also be informed of his further right of

appeal in terms of the said sub-article.".

Article 392B of the Code shall be substituted by the

Substitution of

article 392B of

following

the Code.

" Admission of

392B. (1) In the case where the

guilt .

accused, in answer to the question in article

392(1)(b) and in any stage of the proceedings,

states, that he is guilty of the offence charged

and the said offence is liable to a punishment

exceeding ten years imprisonment, the court

shall warn him in the most solemn manner

about the legal consequences of that reply,

and shall allow him a period of time for him

to reply. Without prejudice to the provisions

of sub-article (3) of article 392A and

notwithstanding any other provision of this

Code or any other law, if the accused persists

in his statement that he is guilty of the offence

charged, the court shall, after recording the

admission of guilt

(a) order the record of the inquiry,

together with all the exhibits in the case, to

be, transmitted to the Attorney General,

within three working days; and

(b) notify the Registrar of the Criminal

Court that an admission of guilt has been

made.

(2) The Attorney General shall be

allowed the term of one month to present a

note in the Criminal Court by which note he

shall declare that the indictment presented

before the Court of Magistrates as a court of

inquiry and to which the accused person has

admitted guilt, shall be considered as a bill of

indictment; such declaration shall not in any

way give rise to any nullity or other defect in

the proceedings notwithstanding the other

provisions of this Code and of any other law.

(3) Where the Criminal Court is

notified by the Court of Magistrates as a court

of inquiry, about the admission of guilt in

accordance with paragraph (b) of sub-article

(1), the Criminal Court shall, within two

months from the date of notification, appoint

the date of hearing.

(4) The Criminal Court shall, either ex

officio, upon a request by the Attorney

General or by the accused, examine that

evidence that it deems relevant for the

purposes of punishment, and after examining

the submissions by the Attorney General and

the accused relating to the punishment,

proceed to pass on the accused such sentence

as would according to law be passed on an

accused convicted of the offence.

(5) (a)

The accused and the

Attorney General may request the Criminal

Court to apply a sanction or measure or,

where provided for by law, a combination of

sanctions or measures, of the kind and

quantity agreed between them, and to which

the accused can be sentenced.

(b) If the court is satisfied that

the sanction or the measure, or the

combination of sanctions and measures

requested, as provided for in paragraph (a), is

one which it would been lawful for it to

impose upon conviction of the offence for

which the accused has pleaded guilty, the

court shall proceed to pass the sentence

indicated to it by the parties declaring in its

judgement that the sentence being awarded is

being so awarded at the request of the parties.

(c)

The provisions of sub-

articles (3), (4) and (5) of article 453A shall,

mutatis mutandis, apply to this sub-article.

(6) Notwithstanding

any

other

provisions of this Code or any other law, an

admission made and recorded according to

the provisions of sub-article (1) may not be

revoked or withdrawn.

(7) When the Criminal Court deems

that a formality was not observed according to

this article or there is any other defect in the

proceedings, the Criminal Court shall send all

proceedings back to the Court of Magistrates

as a court of inquiry to commence the inquiry

anew.".

Immediately after article 392B of the Code there shall be

Addition of new

article to the

added the following new article

Code.

" Payment of

392C. (1) Upon an admission of guilt

costs upon

by the accused, whether during the

admission of

examination or at any stage of the

guilt.

proceedings, the court shall, before

proceeding to pronounce judgement, ascertain

whether an inquiry relating to the in genere or

a repertus has been held and if in the

affirmative, the court shall, in pronouncing

judgement or in any subsequent order,

sentence the person convicted or the persons

convicted, jointly or severally, to the

payment, wholly or in part, to the registrar, of

the costs incurred in connection with the

employment in the proceedings of any expert

or referee, including such experts as would

have been appointed in the examination of the

process verbal of the inquiry, within such

period and in such amount as shall be

determined in the judgement or order

Provided that where the said costs are

not yet determined at time of pronouncing the

judgement or in the event that any expert or

referee has not presented his report or the

process verbal has not been concluded, the

Registrar is empowered to determine the costs,

and to proceed to their recovery from the person

or persons convicted, wholly or in part, as

directed by the court in its judgement

Provided further that the Court shall,

before proceeding to pronounce judgement as

aforesaid and in making an order in terms of

article 23B, ascertain whether an order as is

referred to in articles 23A and 23D has been

made, and if in the affirmative, the provisions of

this sub-article shall, mutatis mutandis, apply to

any such order.

(2) The provisions of article 533 shall

mutatis mutandis apply to any order made

under this article.".

In sub-article (1) of article 397 of the Code, for the words

"experiment or any other thing" there shall be substituted the words

"experiment, the taking of any sample and any other measure or

thing".

Article 399 of the Code shall be substituted by the

following new article

"399. (1) When the court decides that the examination of

any witness or any other process of the inquiry by a foreign

authority is indispensably necessary, the request for legal

assistance and the court’s decision shall be served, within three

working days, on the Attorney General who may, within five

working days, make any submissions in writing as he may deem

appropriate.

(2) The accused may, not later than four working days

from any such decision, submit an additional request for the

examination of any witness or any other process of the inquiry,

and appoint some person to represent him at the examination or

process. Such term may, upon good cause being shown, be

extended

Provided that such term as extended shall not exceed

thirty days from the date of the decision.

(3) The court shall order the transmission of the request

for legal assistance to the foreign authority within three working

days upon the expiry of the period referred to in sub-article (2).

(4) The Criminal Court shall have competence to order

the transmission of the request for legal assistance to the foreign

authority upon an application being made by the Attorney

General or the accused upon the expiry of the time period

referred to in sub-article (3).

(5) The provisions of article 622B of the Code of

Organization and Civil Procedure providing for the audio-

recording or video-recording of evidence or by any other means

shall apply to a request for the examination of any witness under

this article.

(6) The provisions of articles 618 and 619 of the Code

of Organization and Civil Procedure shall apply for the purposes

of this article

Provided that where there exists any treaty,

convention, agreement or understanding between Malta and

another country or which applies to both such countries or to

which both such countries are a party, the request shall be made

and transmitted in terms of the said treaty, convention,

agreement or understanding.

(7) For purposes of this article a letter of request shall

contain the following

(a)

the object of and the reason for the request;

(b) details of the person or persons named in the

request including, where available, address, date of birth

and nationality;

(c) a description of the offences with which a

person has been charged and the punishment to which the

offences are liable;

(d) a summary of the facts giving rise to the

request; and

(e) a copy of the relevant legislation that

criminalises the conduct attributed to the offender and

gives information on the offence, penalty and rights a

person may be afforded.".

In paragraph (c) of sub-article (1) of article 402 of the Amendment of

Code, for the words "article 399." there shall be substituted the words article

the Code.

"article 399;" and immediately thereafter there shall be added the

following new paragraph

"(d) when the court accedes to a request made in terms of

article 46(3) of the Constitution.".

Immediately after sub-article (7) of article 405 of the Code, Amendment of

article 405 of

there shall be added the following new sub-article

the Code.

"(8) The court shall proceed to take any other action or

measure relating to the inquiry as may be demanded in writing

by the Attorney General.".

Immediately after sub-paragraph (vii) of paragraph (b) of Amendment of

sub-article (1) of article 413 of the Code, there shall be added the article

the Code.

following new sub-paragraph

"(viii) the judgement of the inferior court is null by reason

of lack of formality or procedural requirements;".

In sub-article (1) of article 435AA of the Code, for the

words "through one or more accounts of the suspect." there shall be

substituted the words "through one or more accounts in the name of

the suspect, or through one or more accounts suspected to have

been used in the commission of the offence or which could provide

information about the offence or the circumstances thereof,

whether before, during or after the commission of the offence,

including any such accounts in the name of legal persons.".

In sub-article (2) of article 435BA of the Code,

immediately after the words "435AA" there shall be added the

words "or through one or more accounts suspected to have been

used in the commission of the offence or which could provide

information about the offence or the circumstances thereof,

whether before, during or after the commission of the offence,

including any such accounts in the name of legal persons".

Article 522 of the Code shall be amended as follows

(a)

in sub-article (2) thereof, for the words "be liable to

the punishment of imprisonment not exceeding three months"

there shall be substituted the words "be liable to a fine (multa) of

not less than two thousand and three hundred euro (€2,300) and

not more than four thousand and six hundred euro (€4,600) or to

imprisonment for a term not exceeding three months, or to both

such fine and imprisonment"; and

(b) in sub-article (4) thereof, for the words "but shall be

liable to the punishment of a fine (multa)" there shall be

substituted the words "but shall be liable, on conviction, to the

punishment of a fine (multa)".

Article 525 of the Code shall be amended as follows

(a)

in sub-article (2) thereof, for the words "and of

article 397(5)" there shall be substituted the words "of article

397(5) and of article 399"; and

(b) sub-article (3) thereof shall be substituted by the

following

"(3) The provisions of article 397, of sub-articles

(2) to (4), both inclusive, of articles 467 and 623 shall,

mutatis mutandis, also be applied by the Court of

Magistrates in cases falling within its jurisdiction as court

of criminal judicature under any other provision of this

Code or of any other law.".

Immediately after article 531 there shall be added the Addition of new

article to the

following new article

Code.

" Subsequent

531A. In proceedings before a court of

notice.

criminal justice, where the party charged or

accused, having been notified with the date of

the first hearing in accordance with the

provisions of this Code, has appeared for the

said hearing, no subsequent notice need be

given of any date to which a case which has

been set down for hearing as aforesaid or has

started to be heard is put off and it shall be the

responsibility of the person charged or

accused to verify such date

Provided that this provision shall also

apply where the person charged or accused,

notwithstanding not having been notified in

accordance with the provisions of this Code,

still appears for the hearing.".

In article 542 of the Code, for the words "by a brother on Amendment of

behalf of his sister or vice versa," there shall be substituted the words article

the Code.

"by one of the siblings on behalf of the other,".

Article 548 of the Code shall amended as follows

Amendment of

article 548 of

the Code.

(a)

the article shall be renumbered as sub-article (1)

thereof;

(b) in the third proviso to sub-article (1) thereof, as

renumbered, for the words "the relevant facts." there shall be

substituted the words "the relevant facts, where the offence to be

investigated is one which carries a maximum term of

imprisonment of seven years or more."; and

(c)

immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) Experts employed in the inquest for the

purpose of collecting and examining any dactyloscopic

data and samples for analyzing human DNA shall transmit

to the Executive Police copies of the dactyloscopic data

and DNA profiles together with any other information

related to the dactyloscopic data and DNA profile.

For the purpose of this article

"dactyloscopic data" means fingerprint images,

images of fingerprint latents, palm prints, palm print

latents, writers palm prints and writers palm print latents;

and

"DNA profile" means a letter or number code

which represents a set of identification characteristics of

the non-coding part of an analysed human DNA sample,

that is the particular molecular structure at the various

DNA locations (loci).".

Article 550 of the Code shall be amended as follows

(a)

in sub-article (1) thereof

(i) immediately after the words "or other

persons who took part in the inquest" there shall be added

the words "or gave evidence during the Magisterial

inquest";

(ii)

the words "in the inquest" shall be deleted;

and

(iii) immediately after the words "as court of

criminal inquiry" there shall be added the words "during

the compilation stage";

(b) sub-article (2) thereof shall be substituted by the

following new sub-article

"(2) Nevertheless during the period for the

conclusion of compilation of evidence referred to in article

401(1) up to the time when the court decides whether there

exist enough reasons for the accused to be indicted for an

offence as referred to in article 401(2) or not, it shall be

lawful for the Police, with the special permission of the

Court of Magistrates as a court of criminal inquiry to call

upon any person referred to in sub-article (1) to give

evidence during the compilation proceedings before the

same court on matters which are duly specified and

mentioned by the court in its special permission; so

however that after the conclusion of the compilation stage

in accordance with article 402(1) and after the court will

have decided whether there are enough reasons for the

accused to be indicted for an offence as referred to in

article 401(2) or not, the Attorney General may require the

presence of any of those persons in accordance with the

provisions of article 405 in order for them to give replies

on specific matters indicated by the Attorney General in his

written request. The person summoned may also request

the presence of any one of those persons for the purpose of

the cross-examination.".

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

"The Commissioner of Police or his representative, a Magistrate, the article

the Code.

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 -" there

shall be substituted the words "The Commissioner of Police or his

representative, the Senior 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,

attend a meeting called by the Director, Criminal Courts and

Tribunals, to draw up to the best of their knowledge -".

Immediately after article 647B of the Code there shall be Addition of new

article to the

added the following new article

Code.

" Cross-border

647C. (1) Where the Attorney General

cooperation,

receives a request made by a judicial,

particularly in

prosecuting or administrative authority of any

combating

terrorism and

place outside Malta or by an international court

cross-border

crime.

for -

(a)

the taking of and supply of

dactyloscopic data; or

(b) the taking and examination

of a non-intimate sample; or

(c)

the DNA profile of a person

suspected in that place of a relevant

offence or of a person accused, in

proceedings before the courts of that

place or international tribunal, of a

relevant offence,

the Attorney General shall communicate the

request to a Magistrate, who shall, upon

receiving the request, order the arrest of the

requested person and the provisions of article

355AV(c) shall, mutatis mutandis, apply in the

execution of a request communicated under

this article.

(2) The Magistrate shall transmit the

said data, sample or profile, together with any

report or result of the examination, to the

Attorney General.

(3) For the purposes of this article the

terms "DNA profile" and "dactyloscopic data"

shall have the meaning respectively assigned to

them in article 548; "relevant offence" shall

have the meaning assigned to it in article 435D.

(4) The provisions of article 649(2) and

(5) shall mutatis mutandis apply to a request

made under this article.".

Article 673 of the Code shall be amended as follows

(a)

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

application shall not be allowed where the Attorney General

objects to the application." there shall be substituted the words

"the application shall not be allowed where the Attorney

General objects to the application:", and immediately

thereafter there shall be added the following new proviso

"Provided that, where the Attorney General

objects to the application, the court may impose on the

accused that the costs for the deposit and upkeep of the

property, held by the Registrar, connected with criminal

proceedings or with the crime, be borne by the

accused."; and

(b) immediately after sub-article (2) thereof, there shall

be added the following new sub-article

"(2A) Nothwitstanding the provisions of sub-article

(2), where property connected with criminal proceedings

or with the crime is held by the Registrar, the owner of

that property may request the court that he be allowed to

effect such maintenance works as may be required on

the property; if the owner of the property does not make

the request mentioned in this sub-article or, having made

the request, and the request having been granted by the

court, does not effect such maintenance works, the

responsibility for any loss or damages suffered by the

said property shall be borne by the said owner.".

In article 676 of the Code, for the words "of this Code"

there shall be substituted the words "of this Code or of any other law".

In article 679 of the Code, for the words "of this Code"

there shall be substituted the words "of this Code or of any other law".

Immediately after article 685 of the Code there shall be

added the following new article

" Definition of

685A. For purposes of this Title

property.

"property" shall have the same meaning

assigned to it by article 23B.".

Immediately after article 698 of the Code there shall be Addition of new

article to the

added the following new article

Code.

" Power to

699. Notwithstanding

the

other

make

provisions of this Code and of any other law,

regulations.

the Minister may make regulations to regulate

the methods of service of judicial acts under

this Code.".

PART II

Amendments to the Code of Organization and Civil Procedure

This Part amends the Code of Organization and Civil Amendment of

Procedure, and it shall be read and construed as one with the Code of the

Organization

Organization and Civil Procedure, hereinafter in this Part referred to and

Procedure.

as "the Code".

For paragraph (c) of article 81 of the Code there shall be Amendment of

article 81 of the

substituted the following

Code.

"(c) he has obtained the academic degree of Doctor of

Law (LL.D.) in accordance with the provisions of the Statute,

Regulations and Bye-Laws of the University of Malta, or such

other qualification at masters level as the Minister, after

consultation with the Senate of the University of Malta, may

from time to time prescribe, or a comparable degree from such

other competent authority in accordance with the principles of

mutual recognition of qualifications, after having read law in

Malta or in a Member State;".

PART III

Amendments to the

Medical and Kindred Professions Ordinance

This Part amends the Medical and Kindred Professions Amendment of

Ordinance, and it shall be read and construed as one with the the

and Kindred

Medical and Kindred Professions Ordinance, hereinafter in this Part Professions

Ordinance.

referred to as "the Ordinance".

Immediately after article 40A of the Ordinance there shall Addition of new

articles to the

be added the following new articles

Ordinance.

40B. (1) Any person who -

"Offences

related to the

(a)

cultivates the plant Khat; or

plant Khat.

(b) imports or brings into, or

exports from, Malta the plant Khat; or

(c)

has in his possession

(otherwise than in the course of transit

through Malta or the territorial waters

thereof) the whole or any portion of the

plant Khat; or

(d) sells or otherwise deals in

the whole or any portion of the plant

Khat; or

(e)

with another one or more

persons in Malta or outside Malta

conspires for the purposes of selling or

dealing in the plant Khat in Malta

against the provisions of this article or

who promotes, constitutes, organises or

finances the conspiracy,

shall be guilty of an offence against this

Ordinance

Provided that the term "dealing" in

this article shall have the same meaning as

that assigned to it by article 120A(1B).

(2) Every person charged with an

offence against this article shall be tried in the

Criminal Court or before the Court of

Magistrates (Malta) or the Court of

Magistrates (Gozo), as the Attorney General

may direct, and if he is found guilty shall, in

respect of such offence, be liable -

(a) on conviction by the

Criminal Court to a punishment of

imprisonment of not less for a term of

not less than twelve months but not

exceeding ten years and to a fine (multa)

of not less than four hundred and sixty-

five euro and eighty seven cents

(465.87) but not exceeding twenty three

thousand and two hundred and ninety-

three euro and seventy-three cents

(23,293.73); or

(b) on conviction by the Court

of Magistrates (Malta) or the Court of

Magistrates (Gozo) to imprisonment for

a term of not less than three months but

not exceeding twelve months or to a fine

(multa) of not less than four hundred

and sixty-five euro and eighty-seven

cents (465.87) but not exceeding two

thousand and three hundred and twenty-

nine euro and thirty-seven cents

(2,329.37) or to both such imprisonment

and fine.

40C. The Minister responsible for

Power of the

Minister to

Justice may, after consultation with the

amend the

Fourth

Minister responsible for the Police and with

Schedule.

the Attorney General, amend the Fourth

Schedule to this Ordinance.".

Article 120A of the Ordinance shall be amended as Amendment of

article120A of

the Ordinance.

(a)

immediately after sub-article (2D) thereof there

shall be added the following new sub-articles

"(2E) (a) in giving a direction in accordance with

sub-article (2), the Attorney General shall give due

consideration to the guidelines included in the Fourth

Schedule to this Ordinance;

(b) where the Attorney General has directed

that the person accused is to be tried in the Criminal Court

in accordance with sub-article (2), upon the termination of

the inquiry, if the Court of Magistrates as a Court of

Criminal Inquiry, decides that there are sufficient grounds

for committing the accused for trial on indictment, the

accused may by application to be filed in the Criminal

Court within seven days from the conclusion of the inquiry

demand of the said court to order that he be tried in the

Court of Magistrates and the Criminal Court shall, after

ordering the service of the application upon the Attorney

General and granting him at least seven days to reply and

after having heard oral submissions from the accused and

the Attorney General if it considers this necessary, decide

upon the court in which the accused is to be tried and the

accused shall be tried in accordance with the decision of

the Criminal Court

Provided that an application in terms of this

paragraph may only be filed once in the course of any

proceedings

Provided further that persons, who on the date

of the coming into force of this sub-article, are awaiting

trial in the Criminal Court further to a direction given in

terms of sub-article (2) may, notwithstanding the other

provisions of this paragraph, file an application in the said

court in terms of this paragraph within one month from the

said date.

(2F) Where, upon conviction by the Criminal

Court as provided in paragraph (a) of sub-article (2), 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 and the

provisions of the Fourth Schedule, the court is of the

opinion that the punishment provided for in paragraph (a)

of sub-article (2) would be disproportionate it may, giving

reasons, apply the punishment provided in paragraph (b) of

sub-article (2).".

Immediately after the Third Schedule to the Ordinance

there shall be added the following new Schedule

"FOURTH SCHEDULE

(Article 120A)

Guidelines on the exercise of discretion under article 120A

These guidelines apply to all accused persons aged 16 and over.

In determining the court in which a person accused of an offence

against this Ordinance is to be tried the harm or the potential harm

caused by the offence charged shall be the principal consideration.

The quantity of the drug is a principal consideration in assessing

harm. The purity need not necessarily be taken into account at the

initial stage but it may be considered in determining whether a

person initially referred for trial before the Criminal Court is to be

referred for trial before the Court of Magistrates at a later stage.

The role played by the accused in the crime shall if sufficient

information is available, also be taken into consideration.

In such cases a distinction should be made between persons who

played a leading role, a significant role or a lesser role in the

commission of the offence.

A leading role in the commission of the offence may be indicated by

the following

• that the accused organized or directed buying and selling of a

drug on a commercial scale;

• that the accused had substantial links to and significant

influence on other persons in a chain;

• that the accused had close links to the original source of the

drugs;

• that the accused made substantial financial gain or had an

expectation of substantial financial gain;

• that the accused used a legitimate business as a cover for

buying or selling drugs;

• that the accused has abused a position of trust or of significant

responsibility in the commission of the offence, for example

when the accused is a prison employee or a legal or medical

professional.

A significant role in the commission of the offence may be indicated

by the following

• that the accused had an operational or a management function

within a chain;

• that the accused involved others in the operation either by

exerting pressure or influence upon them or by intimidation or

offer of reward;

• that the accused was motivated by the prospect of financial or

other advantage, irrespective of whether the accused was

acting alone or with others;

• that the accused appeared to be aware and to understand the

scale of the operation;

• that the accused, not being a person abusing a position of trust

or responsibility, supplied the drug to a prisoner for gain but

without coercion.

A lesser role in the commission of the offence may be indicated by

the following

• that the accused has performed a limited role in the

commission of the offence and has acted under the direction of

others;

• that the accused was engaged by others to commit the offence

by pressure, coercion or intimidation;

• that the accused got involved in the commission of the offence

because of his naivete or because he was exploited by others;

• that the accused had no influence on those above him in a

chain;

• that the accused had very little, if any, understanding of the

scale of the operation;

• that taking all circumstances into account it is reasonable to

conclude that the accused was involved in the commission of

the offence solely for the purpose of obtaining drugs for his

own use;

• that the accused made no financial gain from the offence, for

example in cases involving a common purchase of a minimal

quantity for no profit or the sharing of a minimal quantity

between friends on a non-commercial basis.

Aggravating factors resulting from the law shall be taken into

consideration.

Other aggravating factors that may be taken into consideration may

include

• the sophisticated nature of concealment of the drug and the

nature of any attempts to avoid detection;

• any attempts made to conceal or to dispose of evidence;

• the exposure of others to exceptional danger such as when a

drug is cut with harmful substances;

• high purity of the drug;

• that the accused has targeted places intended to locate

vulnerable persons or has sought to supply drugs to minors;

• that others, especially children and non-users were present

when the accused committed the offence.

The following amounts involved in the offence, when the said

amounts are known, can be taken as indicative that a person should

not be referred for trial before the Criminal Court

ecstasy: less than 300 tablets

LSD: less than 300 squares

amphetamine: less than 300 grams

ketamine: less than 150 grams.

Any assistance which the accused may have rendered to the Police

or to the prosecution may also be taken into account.".

PART IV

Amendments to the Notarial Profession and Notarial Archives Act

This Part amends the Notarial Profession and Notarial Amendment of

the Notarial

Archives Act, and it shall be read and construed as one with the Profession and

Notarial Profession and Notarial Archives Act, hereinafter in this Part Notarial

Archives Act.

referred to as "the principal Act".

For paragraph (c) of sub-article (1) of article 6 of the Amendment of

article 6 of the

principal Act there shall be substituted the following

principal Act.

"(c) he has obtained the academic degree of Doctor of

Law (LL.D.) in accordance with the provisions of the Statute,

Regulations and Bye-Laws of the University of Malta, or such

other qualification at masters level as the Minister, after

consultation with the Senate of the University of Malta, may

from time to time prescribe, or a comparable degree from such

other competent authority in accordance with the principles of

mutual recognition of qualifications, after having read law in

Malta or in a Member State;".

PART V

Amendments to the Traffic Regulation Ordinance

This Part amends the Traffic Regulation Ordinance, and it Amendment of

shall be read and construed as one with the Traffic Regulation the

Regulation

Ordinance, hereinafter in this Part referred to as "the Ordinance".

Ordinance.

In article 56 of the Ordinance, for the words "the payment Amendment of

of the fine or the penalty is effected." there shall be substituted the article

Ordinance.

words "the payment of the fine or the penalty is effected:", and

immediately thereafter there shall be added the following new

proviso

"Provided that this article shall not apply in the

event that a renewal of a licence, a change in the name of the

registered owner or the transfer of the road licence in respect of

that vehicle is occasioned as a result of the said vehicle being

acquired by virtue of a judicial sale by auction, held under the

authority of the Courts, by the original vendor of the vehicle on

account of non-payment of the purchase price.".

PART VI

Amendments to the Conduct Certificates Ordinance

This Part amends the Conduct Certificates Ordinance, and

it shall be read and construed as one with the Conduct Certificates

Ordinance, hereinafter in this Part referred to as "the Ordinance".

Sub-article (2) of article 4 of the Ordinance and Form C in

the First Schedule to the Ordinance shall be deleted.

In paragraph (d) of article 5 of the Ordinance the words

"Probation Act." shall be substituted with the words "Probation Act;"

and immediately thereafter there shall be added the following new

paragraph

"(e) it is a conviction of a person with no previous

convictions in respect of which a punishment consisting of a

fine (multa) of not more than two hundred euro was imposed

and paid.".

In article 8 of the Ordinance the words "in passing

sentence, or at any time thereafter," shall be deleted.

PART VII

Amendment to the Dangerous Drugs Ordinance

This Part amends the Dangerous Drugs Ordinance and it

shall be read and construed as one with the Dangerous Drugs

Ordinance, hereinafter in this Part referred to as "the Ordinance".

Article 22 of the Ordinance shall be amended as

follows

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

added the following new sub-articles

"(2A) (a) in giving a direction in accordance with sub-

article (2) the Attorney General shall give due consideration to

the guidelines included in the Fourth Schedule to this

Ordinance;

(b) where the Attorney General has directed that

the person accused be tried in the Criminal Court in accordance

with sub-article (2), upon the termination of the inquiry, if the

Court of Magistrates, as a Court of Criminal Inquiry, decides

that there are sufficient grounds for committing the accused for

trial on indictment, the accused may, by application to be filed

in the Criminal Court within seven days from the conclusion of

the inquiry, demand the said court to order that he be tried in the

Court of Magistrates and the Criminal Court shall, after

ordering the service of the application upon the Attorney

General and granting him at least seven days to reply and after

having heard oral submissions from the accused and the

Attorney General, if it considers this necessary, decide upon the

court in which the accused is to be tried and the accused shall be

tried in accordance with the decision of the Criminal Court

Provided that an application in terms of this

paragraph may only be filed once in the course of any

proceedings

Provided further that persons who, on the date of the

coming into force of this sub-article, are awaiting trial in the

Criminal Court further to a direction given in terms of sub-

article (2) may, notwithstanding the other provisions of this

paragraph, file an application in the said court in terms of this

paragraph within one month from the said date.

(2B) Where, upon conviction by the Criminal Court as

provided in paragraph (a) of sub-article (2), 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 and the provisions of the Fourth Schedule, the

court is of the opinion that the punishment provided for in

paragraph (a) of sub-article (2) would be disproportionate it

may, giving reasons, apply the punishment provided in

paragraph (b) of sub-article (2).".

Article 22C of the Ordinance shall be amended as follows

Amendment of

article 22C of

the Ordinance.

(a) in sub-article (8) thereof, for the words "Any decision

revoking" there shall be substituted the words "Subject to sub-article

(9) any decision revoking";

(b) immediately after sub-article (8) thereof, there shall be

added the following new sub-article

"(9) Where a decision has been taken revoking the

forfeiture of any movable or immovable property under this

article, and provided that the person convicted or the body

corporate, or the person convicted and the body corporate in

solidum, as the case may be, have not been so sentenced, the

Court shall sentence the said persons, to the payment of a fine

(multa) which is the equivalent of the amount of the proceeds of

the offence. The said fine may be recovered as a civil debt and

for this purpose the sentence of the court shall constitute an

executive title for all intents and purposes of the Code of

Organization and Civil Procedure.".

Immediately after the Third Schedule to the Ordinance

there shall be added the following new Schedule

"FOURTH SCHEDULE

(Article 22)

Guidelines on the exercise of discretion

These guidelines apply to all accused persons aged 16 and over.

In determining the court in which a person accused of an offence

against this Ordinance is to be tried the harm or the potential harm

caused by the offence charged shall be the principal consideration.

The quantity of the drug is a principal consideration in assessing

harm. The purity need not necessarily be taken into account at the

initial stage but it may be considered in determining whether a

person initially referred for trial before the Criminal Court is to be

referred for trial before the Court of Magistrates at a later stage.

The role played by the accused in the crime shall, if sufficient

information is available, also be taken into consideration.

In such cases a distinction should be made between persons who

played a leading role, a significant role or a lesser role in the

commission of the offence.

A leading role in the commission of the offence may be indicated by

the following

• that the accused organized or directed buying and selling of a

drug on a commercial scale;

• that the accused had substantial links to and significant

influence on other persons in a chain;

• that the accused had close links to the original source of the

drugs;

• that the accused made substantial financial gain or had an

expectation of substantial financial gain;

• that the accused used a legitimate business as a cover for

buying or selling drugs;

• that the accused has abused a position of trust or of significant

responsibility in the commission of the offence, for example

when the accused is a prison employee or a legal or medical

professional.

A significant role in the commission of the offence may be indicated

by the following

• that the accused had an operational or a management function

within a chain;

• that the accused involved others in the operation either by

exerting pressure or influence upon them or by intimidation or

offer of reward;

• that the accused was motivated by the prospect of financial or

other advantage, irrespective of whether the accused was

acting alone or with others;

• that the accused appeared to be aware and to understand the

scale of the operation;

• that the accused, not being a person abusing a position of trust

or responsibility, supplied the drug to a prisoner for gain but

without coercion.

A lesser role in the commission of the offence may be indicated by

the following

• that the accused has performed a limited role in the

commission of the offence and has acted under the direction of

others;

• that the accused was engaged by others to commit the offence

by pressure, coercion or intimidation;

• that the accused got involved in the commission of the offence

because of his naivete or because he was exploited by others;

• that the accused had no influence on those above him in a

chain;

• that the accused had very little, if any, understanding of the

scale of the operation;

• that taking all circumstances into account it is reasonable to

conclude that the accused was involved in the commission of

the offence solely for the purpose of obtaining drugs for his

own use;

• that the accused made no financial gain from the offence, for

example in cases involving a common purchase of a minimal

quantity for no profit or the sharing of a minimal quantity

between friends on a non-commercial basis.

Aggravating factors resulting from the law shall be taken into

consideration.

Other aggravating factors that may be taken into consideration may

include

• the sophisticated nature of concealment of the drug and the

nature of any attempt to avoid detection;

• any attempts made to conceal or to dispose of evidence;

• the exposure of others to exceptional danger such as when a

drug is cut with harmful substances;

• high purity of the drug

• that the accused has targeted places intended to locate

vulnerable persons or has sought to supply drugs to minors;

• that others, especially children and non-users were present

when the accused committed the offence.

The following amounts involved in the offence, when the said

amounts are known, can be taken as indicative that a person should

not be referred for trial before the Criminal Court

• heroin and cocaine: less than 100 grams

• cannabis: less than 300 grams

Assistance which the accused may have rendered to the Police or to

the prosecution may also be taken into account.".

Article 34 of the Ordinance shall be re-numbered as sub- Amendment of

article (1) thereof and in sub-article (1) as re-numbered for the words article

Ordinance.

"any of the Schedules to this Ordinance." there shall be substituted

the words "the First, the Second and the Third Schedules to this

Ordinance." and immediately thereafter there shall be added the

following sub-article

"(2) The Minister responsible for Justice may, after

consultation with the Minister responsible for the Police and

with the Attorney General, amend the Fourth Schedule to this

Ordinance.".

PART VIII

Amendment to the Central Bank of Malta Act

This Part amends the Central Bank of Malta Act and it shall Amendment of

be read and construed as one with the Central Bank of Malta Act, the

Bank of Malta

hereinafter in this Part referred to as "the Act".

Act.

In article 52 of the Act the words "in relation to the Amendment of

article 52 of the

euro" shall be deleted.

Act.

In article 53 of the Act the words "and in the case where Amendment of

article 53 of the

the offences relate to the euro," shall be deleted.

Act.

PART IX

Amendment of the Extradition Act

This Part amends the Extradition Act and it shall be read Amendment of

and construed as one with the Extradition Act, hereinafter in this Part the

Act.

referred to as "the Act".

In article 2 of the Act, immediately before the definition Amendment of

"arrangement" there shall be added the following new definition: article

Act.

" "accused person" includes a person, in respect of whom

a warrant is issued, who is wanted in a designated foreign

country for the purposes of conducting a criminal prosecution

for the commission of an offence specified in the warrant.".

PART X

Amendment of the Prevention of Money Laundering Act

This Part amends the Prevention of Money Laundering Act

and it shall be read and construed as one with the Prevention of

Money Laundering Act, hereinafter in this Part referred to as "the

In subparagraph (ii) of paragraph (a) of sub-article (2A) of

article 3 of the Act for the words "or to both such fine and

imprisonment." there shall be substituted the words "or to both

such fine and imprisonment:" and immediately thereafter there

shall be added the following proviso to paragraph (a)

"Provided that

(i) in giving a direction in accordance with this

sub-article the Attorney General shall give due

consideration to the age of the offender, the prior conduct

of the offender, the value of the property laundered and all

the other circumstances of the offence;

(ii) where the Attorney General has directed that

the person accused is to be tried in the Criminal Court in

accordance with this sub-article, upon the termination of

the inquiry, if the Court of Magistrates as a Court of

Criminal Inquiry decides that there are sufficient grounds

for committing the accused for trial on indictment, the

accused may, by application to be filed in the Criminal

Court within seven days from the conclusion of the

inquiry, demand the said court to order that he be tried in

the Court of Magistrates and the Criminal Court shall, after

ordering the service of the application upon the Attorney

General and granting him at least seven days to reply and

after having heard oral submissions from the accused and

the Attorney General if it considers this necessary, decide

upon the Court in which the accused is to be tried and the

accused shall be tried in accordance with the decision of

the Criminal Court

Provided that an application in terms of this

sub-paragraph may only be filed once in the course of any

proceedings

Provided further that persons who on the date

of the coming into force of this sub-paragraph are awaiting

trial in the Criminal Court further to a direction given in

terms of this sub-article may, notwithstanding the other

provisions of this sub-article, file an application in the said

court in terms of this sub-paragraph within one month from

the said date;

(iii) where upon conviction the accused is liable to

the punishment provided in terms of sub-paragraph (a)(i)

of this sub-article and the court competent to sentence the

accused is of the opinion that when it takes into account

the age of the offender, the prior conduct of the offender,

the value of the property laundered and all the other

circumstances of the offence, the punishment provided for

in sub-paragraph (a)(i) of this sub-article would not be

appropriate, it may, giving reasons apply the punishment

provided in sub-paragraph (ii) of this sub-article.".

Article 7 of the Act shall be amended as follows

Amendment of

article 7 of the

Act.

(a) in sub-article (8) thereof, for the words "Any decision

revoking" there shall be substituted the words "Subject to sub-article

(9) any decision revoking";

(b) immediately after sub-article (8) thereof, there shall be

added the following new sub-article

"(9) Where a decision has been taken revoking the

forfeiture of any movable or immovable property under this

article, and provided that the person convicted or the body

corporate, or the person convicted and the body corporate in

solidum, as the case may be, have not been so sentenced, the

Court shall sentence the said persons, to the payment of a fine

(multa) which is the equivalent of the amount of the proceeds of

the offence. The said fine may be recovered as a civil debt and

for this purpose the sentence of the court shall constitute an

executive title for all intents and purposes of the Code of

Organization and Civil Procedure.".

PART XI

Amendment of the Lotteries and Other Games Act

This Part amends the Lotteries and Other Games Act and it

shall be read and construed as one with the Lotteries and Other Games

Act, hereinafter in this Part referred to as "the Act".

In the third proviso to sub-article (1) of article 67 of the

Act for the words "not more than seven thousand euro

(€7,000.00)." there shall be substituted the words "not more than

seven thousand euro (€7,000.00):" and immediately thereafter there

shall be added the following new proviso

"Provided further that where the court, after convicting the

accused, is of the opinion that when it takes into account the age

of the offender, the previous conduct of the offender, the effects

of the offence, the means through which the offence was

committed and all other circumstances of the offence, the

punishment provided for in sub-article (1) and in the first

proviso thereto is not appropriate, it may, notwithstanding the

other provisions of the third proviso of this sub-article, apply

the punishments established in the said third proviso.".

Passed by the House of Representatives at Sitting No. 181 of the

18th July, 2014.

A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives