ACT No. XIII of 2018 An ACT to make provisions for the substantive articles of the Council of Europe Convention on prevention and combating of violence against women and domestic violence to become, and be, enforceable as part of the Laws of Malta; to promote and protect the

I assent.

(L.S.)

DOLORES CRISTINA

Acting President

30th April, 2018

ACT No. XIII of 2018

An ACT to make provisions for the substantive articles of the

Council of Europe Convention on prevention and combating of

violence against women and domestic violence to become, and be,

enforceable as part of the Laws of Malta; to promote and protect the

right of everyone, and particularly of persons who are at risk of

domestic violence to live free from violence in both the public and

private sphere; to repeal the Domestic Violence Act (Cap. 481) and

the Council of Europe Convention on Prevention and Combating of

Violence against Women and Domestic Violence (Ratification) Act

(Cap. 532) and to make consequential and other amendments to

various other laws.

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 Gender-Based

Violence and Domestic Violence Act, 2018.

(2) This Act shall come into force on such date as the Minister

responsible for equality may by notice in the Gazette appoint, and

different dates may be so appointed for different purposes and for

different articles of this Act.

Domestic

Violence

(Ratification)

Council of Europe Treaty Series - No. 210

Act.

Council of Europe Convention on preventing and combating

violence against women and domestic violence

Istanbul, 11.V.2011

Preamble

The member States of the Council of Europe and the other

signatories hereto,

Recalling the Convention for the Protection of Human Rights

and Fundamental Freedoms (ETS No. 5, 1950) and its Protocols, the

European Social Charter (ETS No. 35, 1961, revised in 1996, ETS

No. 163), the Council of Europe Convention on action against

Trafficking in Human Beings (CETS No. 197, 2005) and the Council

of Europe Convention on the Protection of Children against Sexual

Exploitation and Sexual Abuse (CETS No. 201, 2007);

Recalling the following recommendations of the Committee of

Ministers to member States of the Council of Europe

Recommendation Rec(2002)5 on the protection of women against

violence, Recommendation CM/Rec(2007)17 on gender equality

standards and mechanisms, Recommendation CM/Rec(2010)10 on

the role of women and men in conflict prevention and resolution and

in peace building, and other relevant recommendations;

Taking account of the growing body of case law of the European

Court of Human Rights which sets important standards in the field of

violence against women;

Having regard to the International Covenant on Civil and

Political Rights (1966), the International Covenant on Economic,

Social and Cultural Rights (1966), the United Nations Convention on

the Elimination of All Forms of Discrimination Against Women

("CEDAW", 1979) and its Optional Protocol (1999) as well as

General Recommendation No. 19 of the CEDAW Committee on

violence against women, the United Nations Convention on the

Rights of the Child (1989) and its Optional Protocols (2000) and the

United Nations Convention on the Rights of Persons with Disabilities

(2006);

Having regard to the Rome Statute of the International Criminal

Court (2002);

Recalling the basic principles of international humanitarian law,

and especially the Geneva Convention (IV) relative to the Protection

of Civilian Persons in Time of War (1949) and the Additional

Protocols I and II (1977) thereto;

Condemning all forms of violence against women and domestic

violence;

Recognising that the realisation of de jure and de facto equality

between women and men is a key element in the prevention of

violence against women;

Recognising that violence against women is a manifestation of

historically unequal power relations between women and men, which

have led to domination over, and discrimination against, women by

men and to the prevention of the full advancement of women;

Recognising the structural nature of violence against women as

gender-based violence, and that violence against women is one of the

crucial social mechanisms by which women are forced into a

subordinate position compared with men;

Recognising, with grave concern, that women and girls are often

exposed to serious forms of violence such as domestic violence,

sexual harassment, rape, forced marriage, crimes committed in the

name of so-called "honour" and genital mutilation, which constitute a

serious violation of the human rights of women and girls and a major

obstacle to the achievement of equality between women and men;

Recognising the ongoing human rights violations during armed

conflicts that affect the civilian population, especially women in the

form of widespread or systematic rape and sexual violence and the

potential for increased gender-based violence both during and after

conflicts;

Recognising that women and girls are exposed to a higher risk

of gender-based violence than men;

Recognising that domestic violence affects women

disproportionately, and that men may also be victims of domestic

violence;

Recognising that children are victims of domestic violence,

including as witnesses of violence in the family;

Aspiring to create a Europe free from violence against women

and domestic violence,

Have agreed as follows

Chapter I - Purposes, definitions, equality and non-discrimination,

general obligations

Article 1 - Purposes of the Convention

1. The purposes of this Convention are to

a

protect women against all forms of violence, and

prevent, prosecute and eliminate violence against women and

domestic violence;

b

contribute to the elimination of all forms of

discrimination against women and promote substantive equality

between women and men, including by empowering women;

c

design a comprehensive framework, policies and

measures for the protection of and assistance to all victims of

violence against women and domestic violence;

d

promote international co-operation with a view to

eliminating violence against women and domestic violence;

e

provide support and assistance to organisations and

law enforcement agencies to effectively co-operate in order to

adopt an integrated approach to eliminating violence against

women and domestic violence.

2. In order to ensure effective implementation of its

provisions by the Parties, this Convention establishes a specific

monitoring mechanism.

Article 2 – Scope of the Convention

1. This Convention shall apply to all forms of violence

against women, including domestic violence, which affects women

disproportionately.

2. Parties are encouraged to apply this Convention to all

victims of domestic violence. Parties shall pay particular attention to

women victims of gender-based violence in implementing the

provisions of this Convention.

3. This Convention shall apply in times of peace and in

situations of armed conflict.

Article 3 – Definitions

For the purpose of this Convention

a

"violence against women" is understood as a

violation of human rights and a form of discrimination against

women and shall mean all acts of gender-based violence that

result in, or are likely to result in, physical, sexual,

psychological or economic harm or suffering to women,

including threats of such acts, coercion or arbitrary deprivation

of liberty, whether occurring in public or in private life;

b

"domestic violence" shall mean all acts of physical,

sexual, psychological or economic violence that occur within

the family or domestic unit or between former or current

spouses or partners, whether or not the perpetrator shares or has

shared the same residence with the victim;

c

"gender" shall mean the socially constructed roles,

behaviours, activities and attributes that a given society

considers appropriate for women and men;

d

"gender-based violence against women" shall mean

violence that is directed against a woman because she is a

woman or that affects women disproportionately;

e

"victim" shall mean any natural person who is

subject to the conduct specified in points a and b;

f

"women" includes girls under the age of 18.

Article 4 – Fundamental rights, equality and non-discrimination

1. Parties shall take the necessary legislative and other

measures to promote and protect the right for everyone, particularly

women, to live free from violence in both the public and the private

sphere.

2. Parties condemn all forms of discrimination against

women and take, without delay, the necessary legislative and other

measures to prevent it, in particular by

-

embodying in their national constitutions or other

appropriate legislation the principle of equality between women

and men and ensuring the practical realisation of this principle;

-

prohibiting discrimination against women, including

through the use of sanctions, where appropriate;

-

abolishing laws and practices which discriminate

against women.

3. The implementation of the provisions of this Convention

by the Parties, in particular measures to protect the rights of victims,

shall be secured without discrimination on any ground such as sex,

gender, race, colour, language, religion, political or other opinion,

national or social origin, association with a national minority,

property, birth, sexual orientation, gender identity, age, state of

health, disability, marital status, migrant or refugee status, or other

status.

4. Special measures that are necessary to prevent and protect

women from gender-based violence shall not be considered

discrimination under the terms of this Convention.

Article 5 – State obligations and due diligence

1. Parties shall refrain from engaging in any Act of violence

against women and ensure that State authorities, officials, agents,

institutions and other actors acting on behalf of the State Act in

conformity with this obligation.

2. Parties shall take the necessary legislative and other

measures to exercise due diligence to prevent, investigate, punish and

provide reparation for acts of violence covered by the scope of this

Convention that are perpetrated by non-State actors.

Article 6 – Gender-sensitive policies

Parties shall undertake to include a gender perspective in the

implementation and evaluation of the impact of the provisions of this

Convention and to promote and effectively implement policies of

equality between women and men and the empowerment of women.

Chapter II – Integrated policies and data collection

Article 7 – Comprehensive and co-ordinated policies

1. Parties shall take the necessary legislative and other

measures to adopt and implement State-wide effective,

comprehensive and co-ordinated policies encompassing all relevant

measures to prevent and combat all forms of violence covered by the

scope of this Convention and offer a holistic response to violence

against women.

2. Parties shall ensure that policies referred to in paragraph 1

place the rights of the victim at the centre of all measures and are

implemented by way of effective co-operation among all relevant

agencies, institutions and organisations.

3. Measures taken pursuant to this Article shall involve,

where appropriate, all relevant actors, such as government agencies,

the national, regional and local parliaments and authorities, national

human rights institutions and civil society organisations.

Article 8 – Financial resources

Parties shall allocate appropriate financial and human resources

for the adequate implementation of integrated policies, measures and

programmes to prevent and combat all forms of violence covered by

the scope of this Convention, including those carried out by non-

governmental organisations and civil society.

Article 9 – Non-governmental organisations and civil society

Parties shall recognise, encourage and support, at all levels, the

work of relevant non-governmental organisations and of civil society

active in combating violence against women and establish effective

co-operation with these organisations.

Article 10 – Co-ordinating body

1. Parties shall designate or establish one or more official

bodies responsible for the co-ordination, implementation, monitoring

and evaluation of policies and measures to prevent and combat all

forms of violence covered by this Convention. These bodies shall co-

ordinate the collection of data as referred to in Article 11, analyse and

disseminate its results.

2. Parties shall ensure that the bodies designated or

established pursuant to this Article receive information of a general

nature on measures taken pursuant to Chapter VIII.

3. Parties shall ensure that the bodies designated or

established pursuant to this Article shall have the capacity to

communicate directly and foster relations with their counterparts in

other Parties.

Article 11 – Data collection and research

1. For the purpose of the implementation of this Convention,

Parties shall undertake to

a

collect disaggregated relevant statistical data at

regular intervals on cases of all forms of violence covered by

the scope of this Convention;

b

support research in the field of all forms of violence

covered by the scope of this Convention in order to study its

root causes and effects, incidences and conviction rates, as well

as the efficacy of measures taken to implement this Convention.

2. Parties shall endeavour to conduct population-based

surveys at regular intervals to assess the prevalence of and trends in

all forms of violence covered by the scope of this Convention.

3. Parties shall provide the group of experts, as referred to in

Article 66 of this Convention, with the information collected pursuant

to this Article in order to stimulate international co-operation and

enable international benchmarking.

4. Parties shall ensure that the information collected pursuant

to this Article is available to the public.

Chapter III – Prevention

Article 12 – General obligations

1. Parties shall take the necessary measures to promote

changes in the social and cultural patterns of behaviour of women and

men with a view to eradicating prejudices, customs, traditions and all

other practices which are based on the idea of the inferiority of

women or on stereotyped roles for women and men.

2. Parties shall take the necessary legislative and other

measures to prevent all forms of violence covered by the scope of this

Convention by any natural or legal person.

3. Any measures taken pursuant to this chapter shall take into

account and address the specific needs of persons made vulnerable by

particular circumstances and shall place the human rights of all

victims at their centre.

4. Parties shall take the necessary measures to encourage all

members of society, especially men and boys, to contribute actively to

preventing all forms of violence covered by the scope of this

Convention.

5. Parties shall ensure that culture, custom, religion, tradition

or so-called "honour" shall not be considered as justification for any

acts of violence covered by the scope of this Convention.

6. Parties shall take the necessary measures to promote

programmes and activities for the empowerment of women.

Article 13 – Awareness-raising

1. Parties shall promote or conduct, on a regular basis and at

all levels, awareness-raising campaigns or programmes, including in

co-operation with national human rights institutions and equality

bodies, civil society and non-governmental organisations, especially

women’s organisations, where appropriate, to increase awareness and

understanding among the general public of the different

manifestations of all forms of violence covered by the scope of this

Convention, their consequences on children and the need to prevent

such violence.

2. Parties shall ensure the wide dissemination among the

general public of information on measures available to prevent acts of

violence covered by the scope of this Convention.

Article 14 – Education

1. Parties shall take, where appropriate, the necessary steps to

include teaching material on issues such as equality between women

and men, non-stereotyped gender roles, mutual respect, non-violent

conflict resolution in interpersonal relationships, gender-based

violence against women and the right to personal integrity, adapted to

the evolving capacity of learners, in formal curricula and at all levels

of education.

2. Parties shall take the necessary steps to promote the

principles referred to in paragraph 1 in informal educational facilities,

as well as in sports, cultural and leisure facilities and the media.

Article 15 – Training of professionals

1. Parties shall provide or strengthen appropriate training for

the relevant professionals dealing with victims or perpetrators of all

acts of violence covered by the scope of this Convention, on the

prevention and detection of such violence, equality between women

and men, the needs and rights of victims, as well as on how to prevent

secondary victimisation.

2. Parties shall encourage that the training referred to in

paragraph 1 includes training on co-ordinated multi-agency co-

operation to allow for a comprehensive and appropriate handling of

referrals in cases of violence covered by the scope of this Convention.

Article 16 – Preventive intervention and treatment programmes

1. Parties shall take the necessary legislative or other

measures to set up or support programmes aimed at teaching

perpetrators of domestic violence to adopt non-violent behaviour in

interpersonal relationships with a view to preventing further violence

and changing violent behavioural patterns.

2. Parties shall take the necessary legislative or other

measures to set up or support treatment programmes aimed at

preventing perpetrators, in particular sex offenders, from re-

offending.

3. In taking the measures referred to in paragraphs 1 and 2,

Parties shall ensure that the safety of, support for and the human

rights of victims are of primary concern and that, where appropriate,

these programmes are set up and implemented in close co-ordination

with specialist support services for victims.

Article 17 – Participation of the private sector and the media

1. Parties shall encourage the private sector, the information

and communication technology sector and the media, with due

respect for freedom of expression and their independence, to

participate in the elaboration and implementation of policies and to

set guidelines and self-regulatory standards to prevent violence

against women and to enhance respect for their dignity.

2. Parties shall develop and promote, in co-operation with

private sector actors, skills among children, parents and educators on

how to deal with the information and communications environment

that provides access to degrading content of a sexual or violent nature

which might be harmful.

Chapter IV – Protection and support

Article 18 – General obligations

1. Parties shall take the necessary legislative or other

measures to protect all victims from any further acts of violence.

2. Parties shall take the necessary legislative or other

measures, in accordance with internal law, to ensure that there are

appropriate mechanisms to provide for effective co-operation

between all relevant state agencies, including the judiciary, public

prosecutors, law enforcement agencies, local and regional authorities

as well as non-governmental organisations and other relevant

organisations and entities, in protecting and supporting victims and

witnesses of all forms of violence covered by the scope of this

Convention, including by referring to general and specialist support

services as detailed in Articles 20 and 22 of this Convention.

3. Parties shall ensure that measures taken pursuant to this

chapter shall

-

be based on a gendered understanding of violence

against women and domestic violence and shall focus on the

human rights and safety of the victim;

-

be based on an integrated approach which takes into

account the relationship between victims, perpetrators, children

and their wider social environment;

-

aim at avoiding secondary victimisation;

-

aim at the empowerment

and

economic

independence of women victims of violence;

-

allow, where appropriate, for a range of protection

and support services to be located on the same premises;

-

address the specific needs of vulnerable persons,

including child victims, and be made available to them.

4. The provision of services shall not depend on the victim’s

willingness to press charges or testify against any perpetrator.

5. Parties shall take the appropriate measures to provide

consular and other protection and support to their nationals and other

victims entitled to such protection in accordance with their

obligations under international law.

Article 19 – Information

Parties shall take the necessary legislative or other measures to

ensure that victims receive adequate and timely information on

available support services and legal measures in a language they

understand.

Article 20 – General support services

1. Parties shall take the necessary legislative or other

measures to ensure that victims have access to services facilitating

their recovery from violence. These measures should include, when

necessary, services such as legal and psychological counselling,

financial assistance, housing, education, training and assistance in

finding employment.

2. Parties shall take the necessary legislative or other

measures to ensure that victims have access to health care and social

services and that services are adequately resourced and professionals

are trained to assist victims and refer them to the appropriate services.

Article 21 – Assistance in individual/collective complaints

Parties shall ensure that victims have information on and access

to applicable regional and international individual/collective

complaints mechanisms. Parties shall promote the provision of

sensitive and knowledgeable assistance to victims in presenting any

such complaints.

Article 22 – Specialist support services

1. Parties shall take the necessary legislative or other

measures to provide or arrange for, in an adequate geographical

distribution, immediate, short- and long-term specialist support

services to any victim subjected to any of the acts of violence covered

by the scope of this Convention.

2. Parties shall provide or arrange for specialist women’s

support services to all women victims of violence and their children.

Article 23 – Shelters

Parties shall take the necessary legislative or other measures to

provide for the setting-up of appropriate, easily accessible shelters in

sufficient numbers to provide safe accommodation for and to reach

out pro-actively to victims, especially women and their children.

Article 24 – Telephone helplines

Parties shall take the necessary legislative or other measures to

set up state-wide round-the-clock (24/7) telephone helplines free of

charge to provide advice to callers, confidentially or with due regard

for their anonymity, in relation to all forms of violence covered by the

scope of this Convention.

Article 25 – Support for victims of sexual violence

Parties shall take the necessary legislative or other measures to

provide for the setting up of appropriate, easily accessible rape crisis

or sexual violence referral centres for victims in sufficient numbers to

provide for medical and forensic examination, trauma support and

counselling for victims.

Article 26 – Protection and support for child witnesses

1. Parties shall take the necessary legislative or other

measures to ensure that in the provision of protection and support

services to victims, due account is taken of the rights and needs of

child witnesses of all forms of violence covered by the scope of this

Convention.

2. Measures taken pursuant to this Article shall include age-

appropriate psychosocial counselling for child witnesses of all forms

of violence covered by the scope of this Convention and shall give

due regard to the best interests of the child.

Article 27 – Reporting

Parties shall take the necessary measures to encourage any

person witness to the commission of acts of violence covered by the

scope of this Convention or who has reasonable grounds to believe

that such an Act may be committed, or that further acts of violence

are to be expected, to report this to the competent organisations or

authorities.

Article 28 – Reporting by professionals

Parties shall take the necessary measures to ensure that the

confidentiality rules imposed by internal law on certain professionals

do not constitute an obstacle to the possibility, under appropriate

conditions, of their reporting to the competent organisations or

authorities if they have reasonable grounds to believe that a serious

Act of violence covered by the scope of this Convention, has been

committed and further serious acts of violence are to be expected.

Chapter V – Substantive law

Article 29 – Civil lawsuits and remedies

1. Parties shall take the necessary legislative or other

measures to provide victims with adequate civil remedies against the

perpetrator.

2. Parties shall take the necessary legislative or other

measures to provide victims, in accordance with the general

principles of international law, with adequate civil remedies against

State authorities that have failed in their duty to take the necessary

preventive or protective measures within the scope of their powers.

Article 30 – Compensation

1. Parties shall take the necessary legislative or other

measures to ensure that victims have the right to claim compensation

from perpetrators for any of the offences established in accordance

with this Convention.

2. Adequate State compensation shall be awarded to those

who have sustained serious bodily injury or impairment of health, to

the extent that the damage is not covered by other sources such as the

perpetrator, insurance or State-funded health and social provisions.

This does not preclude Parties from claiming regress for

compensation awarded from the perpetrator, as long as due regard is

paid to the victim’s safety.

3. Measures taken pursuant to paragraph 2 shall ensure the

granting of compensation within a reasonable time.

Article 31 – Custody, visitation rights and safety

1. Parties shall take the necessary legislative or other

measures to ensure that, in the determination of custody and visitation

rights of children, incidents of violence covered by the scope of this

Convention are taken into account.

2. Parties shall take the necessary legislative or other

measures to ensure that the exercise of any visitation or custody rights

does not jeopardise the rights and safety of the victim or children.

Article 32 – Civil consequences of forced marriages

Parties shall take the necessary legislative or other measures to

ensure that marriages concluded under force may be voidable,

annulled or dissolved without undue financial or administrative

burden placed on the victim.

Article 33 – Psychological violence

Parties shall take the necessary legislative or other measures to

ensure that the intentional conduct of seriously impairing a person’s

psychological integrity through coercion or threats is criminalised.

Article 34 – Stalking

Parties shall take the necessary legislative or other measures to

ensure that the intentional conduct of repeatedly engaging in

threatening conduct directed at another person, causing her or him to

fear for her or his safety, is criminalised.

Article 35 – Physical violence

Parties shall take the necessary legislative or other measures to

ensure that the intentional conduct of committing acts of physical

violence against another person is criminalised.

Article 36 – Sexual violence, including rape

1. Parties shall take the necessary legislative or other measures

to ensure that the following intentional conducts are criminalised

a

engaging in non-consensual vaginal, anal or oral

penetration of a sexual nature of the body of another person

with any bodily part or object;

b

engaging in other non-consensual acts of a sexual

nature with a person;

c

causing another person to engage in non-consensual

acts of a sexual nature with a third person.

2. Consent must be given voluntarily as the result of the

person’s free will assessed in the context of the surrounding

circumstances.

3. Parties shall take the necessary legislative or other

measures to ensure that the provisions of paragraph 1 also apply to

acts committed against former or current spouses or partners as

recognised by internal law.

Article 37 – Forced marriage

1. Parties shall take the necessary legislative or other

measures to ensure that the intentional conduct of forcing an adult or

a child to enter into a marriage is criminalised.

2. Parties shall take the necessary legislative or other

measures to ensure that the intentional conduct of luring an adult or a

child to the territory of a Party or State other than the one she or he

resides in with the purpose of forcing this adult or child to enter into a

marriage is criminalised.

Article 38 – Female genital mutilation

Parties shall take the necessary legislative or other measures to

ensure that the following intentional conducts are criminalised

a

excising, infibulating or performing any other

mutilation to the whole or any part of a woman’s labia majora,

labia minora or clitoris;

b

coercing or procuring a woman to undergo any of

the acts listed in point a;

c

inciting, coercing or procuring a girl to undergo any

of the acts listed in point a.

Article 39 – Forced abortion and forced sterilisation

Parties shall take the necessary legislative or other measures to

ensure that the following intentional conducts are criminalised

a

performing an abortion on a woman without her

prior and informed consent;

b

performing surgery which has the purpose or effect

of terminating a woman’s capacity to naturally reproduce

without her prior and informed consent or understanding of the

procedure.

Article 40 – Sexual harassment

Parties shall take the necessary legislative or other measures to

ensure that any form of unwanted verbal, non-verbal or physical

conduct of a sexual nature with the purpose or effect of violating the

dignity of a person, in particular when creating an intimidating,

hostile, degrading, humiliating or offensive environment, is subject to

criminal or other legal sanction.

Article 41 – Aiding or abetting and attempt

1. Parties shall take the necessary legislative or other

measures to establish as an offence, when committed intentionally,

aiding or abetting the commission of the offences established in

accordance with Articles 33, 34, 35, 36, 37, 38.a and 39 of this

Convention.

2. Parties shall take the necessary legislative or other

measures to establish as offences, when committed intentionally,

attempts to commit the offences established in accordance with

Articles 35, 36, 37, 38.a and 39 of this Convention.

Article 42 – Unacceptable justifications for crimes, including crimes

committed in the name of so-called "honour"

1. Parties shall take the necessary legislative or other

measures to ensure that, in criminal proceedings initiated following

the commission of any of the acts of violence covered by the scope of

this Convention, culture, custom, religion, tradition or so-called

"honour" shall not be regarded as justification for such acts. This

covers, in particular, claims that the victim has transgressed cultural,

religious, social or traditional norms or customs of appropriate

behaviour.

2. Parties shall take the necessary legislative or other

measures to ensure that incitement by any person of a child to commit

any of the acts referred to in paragraph 1 shall not diminish the

criminal liability of that person for the acts committed.

Article 43 – Application of criminal offences

The offences established in accordance with this Convention

shall apply irrespective of the nature of the relationship between

victim and perpetrator.

Article 44 – Jurisdiction

1. Parties shall take the necessary legislative or other

measures to establish jurisdiction over any offence established in

accordance with this Convention, when the offence is committed

a

in their territory; or

b

on board a ship flying their flag; or

c

on board an aircraft registered under their laws; or

d

by one of their nationals; or

e

by a person who has her or his habitual residence in

their territory.

2. Parties shall endeavour to take the necessary legislative or

other measures to establish jurisdiction over any offence established

in accordance with this Convention where the offence is committed

against one of their nationals or a person who has her or his habitual

residence in their territory.

3. For the prosecution of the offences established in

accordance with Articles 36, 37, 38 and 39 of this Convention, Parties

shall take the necessary legislative or other measures to ensure that

their jurisdiction is not subordinated to the condition that the acts are

criminalised in the territory where they were committed.

4. For the prosecution of the offences established in

accordance with Articles 36, 37, 38 and 39 of this Convention, Parties

shall take the necessary legislative or other measures to ensure that

their jurisdiction as regards points d and e of paragraph 1 is not

subordinated to the condition that the prosecution can only be

initiated following the reporting by the victim of the offence or the

laying of information by the State of the place where the offence was

committed.

5. Parties shall take the necessary legislative or other

measures to establish jurisdiction over the offences established in

accordance with this Convention, in cases where an alleged

perpetrator is present on their territory and they do not extradite her or

him to another Party, solely on the basis of her or his nationality.

6. When more than one Party claims jurisdiction over an

alleged offence established in accordance with this Convention, the

Parties involved shall, where appropriate, consult each other with a

view to determining the most appropriate jurisdiction for prosecution.

7. Without prejudice to the general rules of international law,

this Convention does not exclude any criminal jurisdiction exercised

by a Party in accordance with its internal law.

Article 45 – Sanctions and measures

1. Parties shall take the necessary legislative or other

measures to ensure that the offences established in accordance with

this Convention are punishable by effective, proportionate and

dissuasive sanctions, taking into account their seriousness. These

sanctions shall include, where appropriate, sentences involving the

deprivation of liberty which can give rise to extradition.

2. Parties may adopt other measures in relation to

perpetrators, such as

-

monitoring or supervision of convicted persons;

-

withdrawal of parental rights, if the best interests of

the child, which may include the safety of the victim, cannot be

guaranteed in any other way.

Article 46 – Aggravating circumstances

Parties shall take the necessary legislative or other measures to

ensure that the following circumstances, insofar as they do not

already form part of the constituent elements of the offence, may, in

conformity with the relevant provisions of internal law, be taken into

consideration as aggravating circumstances in the determination of

the sentence in relation to the offences established in accordance with

this Convention

a

the offence was committed against a former or

current spouse or partner as recognised by internal law, by a

member of the family, a person cohabiting with the victim or a

person having abused her or his authority;

b

the offence, or related offences, were committed

repeatedly;

c

the offence was committed against a person made

vulnerable by particular circumstances;

d

the offence was committed against or in the presence

of a child;

e

the offence was committed by two or more people

acting together;

f

the offence was preceded or accompanied by

extreme levels of violence;

g

the offence was committed with the use or threat of

a weapon;

h

the offence resulted

in

severe

physical

or

psychological harm for the victim;

i

the perpetrator had previously been convicted of

offences of a similar nature.

Article 47 – Sentences passed by another Party

Parties shall take the necessary legislative or other measures to

provide for the possibility of taking into account final sentences

passed by another Party in relation to the offences established in

accordance with this Convention when determining the sentence.

Article 48 –Prohibition of mandatory alternative dispute resolution

processes or sentencing

1. Parties shall take the necessary legislative or other

measures to prohibit mandatory alternative dispute resolution

processes, including mediation and conciliation, in relation to all

forms of violence covered by the scope of this Convention.

2. Parties shall take the necessary legislative or other

measures to ensure that if the payment of a fine is ordered, due

account shall be taken of the ability of the perpetrator to assume his or

her financial obligations towards the victim.

Chapter VI – Investigation, prosecution, procedural law and

protective measures

Article 49 – General obligations

1. Parties shall take the necessary legislative or other

measures to ensure that investigations and judicial proceedings in

relation to all forms of violence covered by the scope of this

Convention are carried out without undue delay while taking into

consideration the rights of the victim during all stages of the criminal

proceedings.

2. Parties shall take the necessary legislative or other

measures, in conformity with the fundamental principles of human

rights and having regard to the gendered understanding of violence, to

ensure the effective investigation and prosecution of offences

established in accordance with this Convention.

Article 50 – Immediate response, prevention and protection

1. Parties shall take the necessary legislative or other

measures to ensure that the responsible law enforcement agencies

respond to all forms of violence covered by the scope of this

Convention promptly and appropriately by offering adequate and

immediate protection to victims.

2. Parties shall take the necessary legislative or other

measures to ensure that the responsible law enforcement agencies

engage promptly and appropriately in the prevention and protection

against all forms of violence covered by the scope of this Convention,

including the employment of preventive operational measures and the

collection of evidence.

Article 51 – Risk assessment and risk management

1. Parties shall take the necessary legislative or other

measures to ensure that an assessment of the lethality risk, the

seriousness of the situation and the risk of repeated violence is carried

out by all relevant authorities in order to manage the risk and if

necessary to provide co-ordinated safety and support.

2. Parties shall take the necessary legislative or other

measures to ensure that the assessment referred to in paragraph 1 duly

takes into account, at all stages of the investigation and application of

protective measures, the fact that perpetrators of acts of violence

covered by the scope of this Convention possess or have access to

firearms.

Article 52 – Emergency barring orders

Parties shall take the necessary legislative or other measures to

ensure that the competent authorities are granted the power to order,

in situations of immediate danger, a perpetrator of domestic violence

to vacate the residence of the victim or person at risk for a sufficient

period of time and to prohibit the perpetrator from entering the

residence of or contacting the victim or person at risk. Measures taken

pursuant to this Article shall give priority to the safety of victims or

persons at risk.

Article 53 – Restraining or protection orders

1. Parties shall take the necessary legislative or other

measures to ensure that appropriate restraining or protection orders

are available to victims of all forms of violence covered by the scope

of this Convention.

2. Parties shall take the necessary legislative or other

measures to ensure that the restraining or protection orders referred to

in paragraph 1 are

-

available for immediate protection and without

undue financial or administrative burdens placed on the victim;

-

issued for a specified period or until modified or

discharged;

-

where necessary, issued on an ex parte basis which

has immediate effect;

-

available irrespective of, or in addition to, other

legal proceedings;

-

allowed to be introduced in subsequent legal

proceedings.

3. Parties shall take the necessary legislative or other

measures to ensure that breaches of restraining or protection orders

issued pursuant to paragraph 1 shall be subject to effective,

proportionate and dissuasive criminal or other legal sanctions.

Article 54 – Investigations and evidence

Parties shall take the necessary legislative or other measures to

ensure that, in any civil or criminal proceedings, evidence relating to

the sexual history and conduct of the victim shall be permitted only

when it is relevant and necessary.

Article 55 – Ex parte and ex officio proceedings

1. Parties shall ensure that investigations into or prosecution

of offences established in accordance with Articles 35, 36, 37, 38 and

39 of this Convention shall not be wholly dependant upon a report or

complaint filed by a victim if the offence was committed in whole or

in part on its territory, and that the proceedings may continue even if

the victim withdraws her or his statement or complaint.

2. Parties shall take the necessary legislative or other

measures to ensure, in accordance with the conditions provided for by

their internal law, the possibility for governmental and non-

governmental organisations and domestic violence counsellors to

assist and/or support victims, at their request, during investigations

and judicial proceedings concerning the offences established in

accordance with this Convention.

Article 56 – Measures of protection

1. Parties shall take the necessary legislative or other

measures to protect the rights and interests of victims, including their

special needs as witnesses, at all stages of investigations and judicial

proceedings, in particular by

a

providing for their protection, as well as that of their

families and witnesses, from intimidation, retaliation and repeat

victimisation;

b

ensuring that victims are informed, at least in cases

where the victims and the family might be in danger, when the

perpetrator escapes or is released temporarily or definitively;

c

informing them, under the conditions provided for

by internal law, of their rights and the services at their disposal

and the follow-up given to their complaint, the charges, the

general progress of the investigation or proceedings, and their

role therein, as well as the outcome of their case;

d

enabling victims, in a manner consistent with the

procedural rules of internal law, to be heard, to supply evidence

and have their views, needs and concerns presented, directly or

through an intermediary, and considered;

e

providing victims with appropriate support services

so that their rights and interests are duly presented and taken

into account;

f

ensuring that measures may be adopted to protect

the privacy and the image of the victim;

g

ensuring that contact between victims and

perpetrators within Court and law enforcement agency premises

is avoided where possible;

h

providing victims with independent and competent

interpreters when victims are parties to proceedings or when

they are supplying evidence;

i

enabling victims to testify, according to the rules

provided by their internal law, in the courtroom without being

present or at least without the presence of the alleged

perpetrator, notably through the use of appropriate

communication technologies, where available.

2. A child victim and child witness of violence against

women and domestic violence shall be afforded, where appropriate,

special protection measures taking into account the best interests of

the child.

Article 57 – Legal aid

Parties shall provide for the right to legal assistance and to free

legal aid for victims under the conditions provided by their internal

law.

Article 58 – Statute of limitation

Parties shall take the necessary legislative and other measures to

ensure that the statute of limitation for initiating any legal

proceedings with regard to the offences established in accordance

with Articles 36, 37, 38 and 39 of this Convention, shall continue for

a period of time that is sufficient and commensurate with the gravity

of the offence in question, to allow for the efficient initiation of

proceedings after the victim has reached the age of majority.

Chapter VII – Migration and asylum

Article 59 – Residence status

1. Parties shall take the necessary legislative or other

measures to ensure that victims whose residence status depends on

that of the spouse or partner as recognised by internal law, in the

event of the dissolution of the marriage or the relationship, are

granted in the event of particularly difficult circumstances, upon

application, an autonomous residence permit irrespective of the

duration of the marriage or the relationship. The conditions relating to

the granting and duration of the autonomous residence permit are

established by internal law.

2. Parties shall take the necessary legislative or other

measures to ensure that victims may obtain the suspension of

expulsion proceedings initiated in relation to a residence status

dependent on that of the spouse or partner as recognised by internal

law to enable them to apply for an autonomous residence permit.

3. Parties shall issue a renewable residence permit to victims

in one of the two following situations, or in both

a

where the competent authority considers that their

stay is necessary owing to their personal situation;

b

where the competent authority considers that their

stay is necessary for the purpose of their co-operation with the

competent authorities in investigation or criminal proceedings.

4. Parties shall take the necessary legislative or other

measures to ensure that victims of forced marriage brought into

another country for the purpose of the marriage and who, as a result,

have lost their residence status in the country where they habitually

reside, may regain this status.

Article 60 – Gender-based asylum claims

1. Parties shall take the necessary legislative or other

measures to ensure that gender-based violence against women may be

recognised as a form of persecution within the meaning of Article 1,

A (2), of the 1951 Convention relating to the Status of Refugees and

as a form of serious harm giving rise to complementary/subsidiary

protection.

2. Parties shall ensure that a gender-sensitive interpretation is

given to each of the Convention grounds and that where it is

established that the persecution feared is for one or more of these

grounds, applicants shall be granted refugee status according to the

applicable relevant instruments.

3. Parties shall take the necessary legislative or other

measures to develop gender-sensitive reception procedures and

support services for asylum-seekers as well as gender guidelines and

gender-sensitive asylum procedures, including refugee status

determination and application for international protection.

Article 61 – Non-refoulement

1. Parties shall take the necessary legislative or other

measures to respect the principle of non-refoulement in accordance

with existing obligations under international law.

2. Parties shall take the necessary legislative or other

measures to ensure that victims of violence against women who are in

need of protection, regardless of their status or residence, shall not be

returned under any circumstances to any country where their life

would be at risk or where they might be subjected to torture or

inhuman or degrading treatment or punishment.

Chapter VIII – International co-operation

Article 62 – General principles

1. Parties shall co-operate with each other, in accordance

with the provisions of this Convention, and through the application of

relevant international and regional instruments on co-operation in

civil and criminal matters, arrangements agreed on the basis of

uniform or reciprocal legislation and internal laws, to the widest

extent possible, for the purpose of

a

preventing, combating and prosecuting all forms of

violence covered by the scope of this Convention;

b

protecting and providing assistance to victims;

c

investigations or proceedings concerning

the

offences established in accordance with this Convention;

d

enforcing relevant civil and criminal judgments

issued by the judicial authorities of Parties, including protection

orders.

2. Parties shall take the necessary legislative or other

measures to ensure that victims of an offence established in

accordance with this Convention and committed in the territory of a

Party other than the one where they reside may make a complaint

before the competent authorities of their State of residence.

3. If a Party that makes mutual legal assistance in criminal

matters, extradition or enforcement of civil or criminal judgments

imposed by another Party to this Convention conditional on the

existence of a treaty receives a request for such legal co-operation

from a Party with which it has not concluded such a treaty, it may

consider this Convention to be the legal basis for mutual legal

assistance in criminal matters, extradition or enforcement of civil or

criminal judgments imposed by the other Party in respect of the

offences established in accordance with this Convention.

4. Parties shall endeavour to integrate, where appropriate, the

prevention and the fight against violence against women and

domestic violence in assistance programmes for development

provided for the benefit of third States, including by entering into

bilateral and multilateral agreements with third States with a view to

facilitating the protection of victims in accordance with Article 18,

paragraph 5.

Article 63 – Measures relating to persons at risk

When a Party, on the basis of the information at its disposal, has

reasonable grounds to believe that a person is at immediate risk of

being subjected to any of the acts of violence referred to in Articles

36, 37, 38 and 39 of this Convention on the territory of another Party,

the Party that has the information is encouraged to transmit it without

delay to the latter for the purpose of ensuring that appropriate

protection measures are taken. Where applicable, this information

shall include details on existing protection provisions for the benefit

of the person at risk.

Article 64 – Information

1. The requested Party shall promptly inform the requesting

Party of the final result of the action taken under this chapter. The

requested Party shall also promptly inform the requesting Party of

any circumstances which render impossible the carrying out of the

action sought or are likely to delay it significantly.

2. A Party may, within the limits of its internal law, without

prior request, forward to another Party information obtained within

the framework of its own investigations when it considers that the

disclosure of such information might assist the receiving Party in

preventing criminal offences established in accordance with this

Convention or in initiating or carrying out investigations or

proceedings concerning such criminal offences or that it might lead to

a request for co-operation by that Party under this chapter.

3. A Party receiving any information in accordance with

paragraph 2 shall submit such information to its competent authorities

in order that proceedings may be taken if they are considered

appropriate, or that this information may be taken into account in

relevant civil and criminal proceedings.

Article 65 – Data Protection

Personal data shall be stored and used pursuant to the

obligations undertaken by the Parties under the Convention for the

Protection of Individuals with regard to Automatic Processing of

Personal Data (ETS No. 108).

Chapter IX – Monitoring mechanism

Article 66 – Group of experts on action against violence against

women

and domestic violence

1. The Group of experts on action against violence against

women and domestic violence (hereinafter referred to as "GREVIO")

shall monitor the implementation of this Convention by the Parties.

2. GREVIO shall be composed of a minimum of 10 members

and a maximum of 15 members, taking into account a gender and

geographical balance, as well as multidisciplinary expertise. Its

members shall be elected by the Committee of the Parties from

among candidates nominated by the Parties for a term of office of

four years, renewable once, and chosen from among nationals of the

Parties.

3. The initial election of 10 members shall be held within a

period of one year following the entry into force of this Convention.

The election of five additional members shall be held following the

25th ratification or accession.

4. The election of the members of GREVIO shall be based on

the following principles

a

they shall be chosen according to a transparent

procedure from among persons of high moral character, known

for their recognised competence in the fields of human rights,

gender equality, violence against women and domestic violence,

or assistance to and protection of victims, or having

demonstrated professional experience in the areas covered by

this Convention;

b

no two members of GREVIO may be nationals of

the same State;

c

they should represent the main legal systems;

d

they should represent relevant actors and agencies in

the field of violence against women and domestic violence;

e

they shall sit in their individual capacity and shall be

independent and impartial in the exercise of their functions, and

shall be available to carry out their duties in an effective

manner.

5. The election procedure of the members of GREVIO shall

be determined by the Committee of Ministers of the Council of

Europe, after consulting with and obtaining the unanimous consent of

the Parties, within a period of six months following the entry into

force of this Convention.

6. GREVIO shall adopt its own rules of procedure.

7. Members of GREVIO, and other members of delegations

carrying out the country visits as set forth in Article 68, paragraphs 9

and 14, shall enjoy the privileges and immunities established in the

appendix to this Convention.

Article 67 – Committee of the Parties

1. The Committee of the Parties shall be composed of the

representatives of the Parties to the Convention.

2. The Committee of the Parties shall be convened by the

Secretary General of the Council of Europe. Its first meeting shall be

held within a period of one year following the entry into force of this

Convention in order to elect the members of GREVIO. It shall

subsequently meet whenever one third of the Parties, the President of

the Committee of the Parties or the Secretary General so requests.

3. The Committee of the Parties shall adopt its own rules of

procedure.

Article 68 – Procedure

1. Parties shall submit to the Secretary General of the Council

of Europe, based on a questionnaire prepared by GREVIO, a report

on legislative and other measures giving effect to the provisions of

this Convention, for consideration by GREVIO.

2. GREVIO shall consider the report submitted in accordance

with paragraph 1 with the representatives of the Party concerned.

3. Subsequent evaluation procedures shall be divided into

rounds, the length of which is determined by GREVIO. At the

beginning of each round GREVIO shall select the specific provisions

on which the evaluation procedure shall be based and send out a

questionnaire.

4. GREVIO shall define the appropriate means to carry out

this monitoring procedure. It may in particular adopt a questionnaire

for each evaluation round, which shall serve as a basis for the

evaluation procedure of the implementation by the Parties. This

questionnaire shall be addressed to all Parties. Parties shall respond to

this questionnaire, as well as to any other request of information from

GREVIO.

5. GREVIO may receive information on the implementation

of the Convention from non-governmental organisations and civil

society, as well as from national institutions for the protection of

human rights.

6. GREVIO shall take due consideration of the existing

information available from other regional and international

instruments and bodies in areas falling within the scope of this

Convention.

7. When adopting a questionnaire for each evaluation round,

GREVIO shall take due consideration of the existing data collection

and research in the Parties as referred to in Article 11 of this

Convention.

8. GREVIO may receive information on the implementation

of the Convention from the Council of Europe Commissioner for

Human Rights, the Parliamentary Assembly and relevant specialised

bodies of the Council of Europe, as well as those established under

other international instruments. Complaints presented to these bodies

and their outcome will be made available to GREVIO.

9. GREVIO may subsidiarily organise, in co-operation with

the national authorities and with the assistance of independent

national experts, country visits, if the information gained is

insufficient or in cases provided for in paragraph 14. During these

visits, GREVIO may be assisted by specialists in specific fields.

10. GREVIO shall prepare a draft report containing its

analysis concerning the implementation of the provisions on which

the evaluation is based, as well as its suggestions and proposals

concerning the way in which the Party concerned may deal with the

problems which have been identified. The draft report shall be

transmitted for comments to the Party which undergoes the

evaluation. Its comments shall be taken into account by GREVIO

when adopting its report.

11. On the basis of all the information received and the

comments by the Parties, GREVIO shall adopt its report and

conclusions concerning the measures taken by the Party concerned to

implement the provisions of this Convention. This report and the

conclusions shall be sent to the Party concerned and to the Committee

of the Parties. The report and conclusions of GREVIO shall be made

public as from their adoption, together with eventual comments by

the Party concerned.

12. Without prejudice to the procedure of paragraphs 1 to 8,

the Committee of the Parties may adopt, on the basis of the report and

conclusions of GREVIO, recommendations addressed to this Party (a)

concerning the measures to be taken to implement the conclusions of

GREVIO, if necessary setting a date for submitting information on

their implementation, and (b) aiming at promoting co-operation with

that Party for the proper implementation of this Convention.

13. If GREVIO receives reliable information indicating a

situation where problems require immediate attention to prevent or

limit the scale or number of serious violations of the Convention, it

may request the urgent submission of a special report concerning

measures taken to prevent a serious, massive or persistent pattern of

violence against women.

14. Taking into account the information submitted by the Party

concerned, as well as any other reliable information available to it,

GREVIO may designate one or more of its members to conduct an

inquiry and to report urgently to GREVIO. Where warranted and with

the consent of the Party, the inquiry may include a visit to its territory.

15. After examining the findings of the inquiry referred to in

paragraph 14, GREVIO shall transmit these findings to the Party

concerned and, where appropriate, to the Committee of the Parties

and the Committee of Ministers of the Council of Europe together

with any comments and recommendations.

Article 69 – General recommendations

GREVIO

may

adopt,

where

appropriate,

general

recommendations on the implementation of this Convention.

Article 70 – Parliamentary involvement in monitoring

1. National parliaments shall be invited to participate in the

monitoring of the measures taken for the implementation of this

Convention.

2. Parties shall submit the reports of GREVIO to their

national parliaments.

3. The Parliamentary Assembly of the Council of Europe

shall be invited to regularly take stock of the implementation of this

Convention.

Chapter X – Relationship with other international instruments

Article 71 – Relationship with other international instruments

1. This Convention shall not affect obligations arising from

other international instruments to which Parties to this Convention

are Parties or shall become Parties and which contain provisions on

matters governed by this Convention.

2. The Parties to this Convention may conclude bilateral or

multilateral agreements with one another on the matters dealt with in

this Convention, for purposes of supplementing or strengthening its

provisions or facilitating the application of the principles embodied in

it.

Chapter XI – Amendments to the Convention

Article 72 – Amendments

1. Any proposal for an amendment to this Convention

presented by a Party shall be communicated to the Secretary General

of the Council of Europe and forwarded by her or him to the member

States of the Council of Europe, any signatory, any Party, the

European Union, any State invited to sign this Convention in

accordance with the provisions of Article 75, and any State invited to

accede to this Convention in accordance with the provisions of

Article 76.

2. The Committee of Ministers of the Council of Europe shall

consider the proposed amendment and, after having consulted the

Parties to this Convention that are not members of the Council of

Europe, may adopt the amendment by the majority provided for in

Article 20.d of the Statute of the Council of Europe.

3. The text of any amendment adopted by the Committee of

Ministers in accordance with paragraph 2 shall be forwarded to the

Parties for acceptance.

4. Any amendment adopted in accordance with paragraph 2

shall enter into force on the first day of the month following the

expiration of a period of one month after the date on which all Parties

have informed the Secretary General of their acceptance.

Chapter XII – Final clauses

Article 73 – Effects of this Convention

The provisions of this Convention shall not prejudice the

provisions of internal law and binding international instruments

which are already in force or may come into force, under which more

favourable rights are or would be accorded to persons in preventing

and combating violence against women and domestic violence.

Article 74 – Dispute settlement

1. The Parties to any dispute which may arise concerning the

application or interpretation of the provisions of this Convention shall

first seek to resolve it by means of negotiation, conciliation,

arbitration or by any other methods of peaceful settlement accepted

by mutual agreement between them.

2. The Committee of Ministers of the Council of Europe may

establish procedures of settlement to be available for use by the

Parties in dispute if they should so agree.

Article 75 – Signature and entry into force

1. This Convention shall be open for signature by the member

States of the Council of Europe, the non-member States which have

participated in its elaboration and the European Union.

2. This Convention is subject to ratification, acceptance or

approval. Instruments of ratification, acceptance or approval shall be

deposited with the Secretary General of the Council of Europe.

3. This Convention shall enter into force on the first day of

the month following the expiration of a period of three months after

the date on which 10 signatories, including at least eight member

States of the Council of Europe, have expressed their consent to be

bound by the Convention in accordance with the provisions of

paragraph 2.

4. In respect of any State referred to in paragraph 1 or the

European Union, which subsequently expresses its consent to be

bound by it, the Convention shall enter into force on the first day of

the month following the expiration of a period of three months after

the date of the deposit of its instrument of ratification, acceptance or

approval.

Article 76 – Accession to the Convention

1. After the entry into force of this Convention, the

Committee of Ministers of the Council of Europe may, after

consultation of the Parties to this Convention and obtaining their

unanimous consent, invite any non-member State of the Council of

Europe, which has not participated in the elaboration of the

Convention, to accede to this Convention by a decision taken by the

majority provided for in Article 20.d of the Statute of the Council of

Europe, and by unanimous vote of the representatives of the Parties

entitled to sit on the Committee of Ministers.

2. In respect of any acceding State, the Convention shall enter

into force on the first day of the month following the expiration of a

period of three months after the date of deposit of the instrument of

accession with the Secretary General of the Council of Europe.

Article 77 – Territorial application

1. Any State or the European Union may, at the time of

signature or when depositing its instrument of ratification,

acceptance, approval or accession, specify the territory or territories

to which this Convention shall apply.

2. Any Party may, at any later date, by a declaration

addressed to the Secretary General of the Council of Europe, extend

the application of this Convention to any other territory specified in

the declaration and for whose international relations it is responsible

or on whose behalf it is authorised to give undertakings. In respect of

such territory, the Convention shall enter into force on the first day of

the month following the expiration of a period of three months after

the date of receipt of such declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs

may, in respect of any territory specified in such declaration, be

withdrawn by a notification addressed to the Secretary General of the

Council of Europe. The withdrawal shall become effective on the first

day of the month following the expiration of a period of three months

after the date of receipt of such notification by the Secretary General.

Article 78 – Reservations

1. No reservation may be made in respect of any provision of

this Convention, with the exceptions provided for in paragraphs 2 and

3.

2. Any State or the European Union may, at the time of

signature or when depositing its instrument of ratification,

acceptance, approval or accession, by a declaration addressed to the

Secretary General of the Council of Europe, declare that it reserves

the right not to apply or to apply only in specific cases or conditions

the provisions laid down in

Article 30, paragraph 2;

Article 44, paragraphs 1.e, 3 and 4;

Article 55, paragraph 1 in respect of Article 35 regarding minor

offences;

Article 58 in respect of Articles 37, 38 and 39;

Article 59.

3. Any State or the European Union may, at the time of

signature or when depositing its instrument of ratification,

acceptance, approval or accession, by a declaration addressed to the

Secretary General of the Council of Europe, declare that it reserves

the right to provide for non-criminal sanctions, instead of criminal

sanctions, for the behaviours referred to in Articles 33 and 34.

4. Any Party may wholly or partly withdraw a reservation by

means of a declaration addressed to the Secretary General of the

Council of Europe. This declaration shall become effective as from its

date of receipt by the Secretary General.

Article 79 – Validity and review of reservations

1. Reservations referred to in Article 78, paragraphs 2 and 3,

shall be valid for a period of five years from the day of the entry into

force of this Convention in respect of the Party concerned. However,

such reservations may be renewed for periods of the same duration.

2. Eighteen months before the date of expiry of the

reservation, the Secretariat General of the Council of Europe shall

give notice of that expiry to the Party concerned. No later than three

months before the expiry, the Party shall notify the Secretary General

that it is upholding, amending or withdrawing its reservation. In the

absence of a notification by the Party concerned, the Secretariat

General shall inform that Party that its reservation is considered to

have been extended automatically for a period of six months. Failure

by the Party concerned to notify its intention to uphold or modify its

reservation before the expiry of that period shall cause the reservation

to lapse.

3. If a Party makes a reservation in conformity with Article

78, paragraphs 2 and 3, it shall provide, before its renewal or upon

request, an explanation to GREVIO, on the grounds justifying its

continuance.

Article 80 – Denunciation

1. Any Party may, at any time, denounce this Convention by

means of a notification addressed to the Secretary General of the

Council of Europe.

2. Such denunciation shall become effective on the first day

of the month following the expiration of a period of three months

after the date of receipt of the notification by the Secretary General.

Article 81 – Notification

The Secretary General of the Council of Europe shall notify the

member States of the Council of Europe, the non-member States

which have participated in its elaboration, any signatory, any Party,

the European Union, and any State invited to accede to this

Convention of

a

any signature;

b

the deposit of any instrument of ratification,

acceptance, approval or accession;

c

any date of entry into force of this Convention in

accordance with Articles 75 and 76;

d

any amendment adopted in accordance with Article

72 and the date on which such an amendment enters into force;

e

any reservation and withdrawal of reservation made

in pursuance of Article 78;

f

any denunciation made in pursuance of the

provisions of Article 80;

g

any other Act, notification or communication

relating to this Convention.

In witness whereof the undersigned, being duly authorised

thereto, have signed this Convention.

Done at Istanbul, this 11th day of May 2011, in English and in

French, both texts being equally authentic, in a single copy which

shall be deposited in the archives of the Council of Europe. The

Secretary General of the Council of Europe shall transmit certified

copies to each member State of the Council of Europe, to the non-

member States which have participated in the elaboration of this

Convention, to the European Union and to any State invited to accede

to this Convention.

Part IV

Consequential Amendments

In this Act, unless the context otherwise requires

"Commission" means the Commission established by article 6;

"Convention" means the Council of Europe Convention on

Prevention and Combating of Violence against Women and Domestic

Violence, concluded in Istanbul on the 11th May, 2011;

"domestic violence" means all acts or omissions including

verbal, physical, sexual, psychological or economic violence causing

physical and, or moral harm or suffering, including threats of such acts

or omissions, coercion, or arbitrary deprivation of liberty, that occur

within the family or domestic unit, whether or not the perpetrator

shares or has shared the same residence with the victim, and shall

include children who are witnesses of violence within the family or

domestic unit;

"family or domestic unit" includes

(a)

current or former spouses, civil union partners or

cohabitants;

(b) persons living in the same household as the offender

or who had lived with the offender within a period of three years

preceding the offence;

(c)

persons whose marriage has been dissolved or

declared null;

(d)

an ascendant or descendant;

(e)

other adults sharing the same household;

(f)

persons in an informal relationship, who are or were

dating;

(g) persons who are, or have been, formally or

informally engaged with a view to get married or enter into a

civil union;

(h) persons who are related to each other either by

consanguinity or affinity up to the third degree inclusively;

(i)

persons having or having had a child in common;

"gender" means the socially constructed roles, expectations,

activities, behaviours and attributes that society at any given time

associates with a person being either a male, female, or any other

gender identity, gender expression, and, or sex characteristics;

"gender-based violence" means all acts or omissions that are

directed against a person because of their gender, that result in, or are

likely to result in, physical, sexual, psychological or economic harm

or suffering, including threats of such acts, coercion or arbitrary

deprivation of liberty, whether occurring in public or in private life;

"Minister" means the Minister responsible for equality;

"victim" means any natural person who is subjected to forms of

violence covered by the scope of this Act and the family members of

any person whose death was directly caused by the said violence and

who have suffered harm as a result of that person’s death as well as

minors who are witnesses to the forms of violence covered by the scope

of this Act.

(1) This Act shall apply to all forms of violence covered Scope.

by the scope of the Convention.

(2) This Act shall apply in times of peace and in situations of

armed conflict.

(1) The implementation of the provisions of this Act, in Non-

particular measures to protect the rights of victims, shall be secured Discrimination.

without discrimination on any ground such as age; association with a

national minority; belief, creed or religion; colour, ethnic origin and,

or race; disability; family responsibilities and, or pregnancy; family

and, or civil status; gender expression and, or gender identity; genetic

features; health status; language; migrant or refugee status; national

or social origin; political or other opinion; property; sex or sex

characteristics; sexual orientation or any other status.

(2) Special measures that are deemed necessary to prevent and

protect persons who are particularly vulnerable to violence due to

their gender shall not be considered discrimination under the terms of

this Act.

(1) The public administration shall not engage in any

act of gender-based violence or domestic violence and shall ensure

that government institutions and any others acting on behalf of the

public administration act in conformity with this obligation.

(2) The public administration shall

(a)

create and adopt, within one year from the coming

into force of this Act, an Action Plan which includes effective,

measurable, comprehensive and co-ordinated policies

encompassing all relevant measures to prevent and combat all

forms of gender-based violence and domestic violence, in

liaison with the Commission;

(b) ensure the implementation of the aforementioned

Action Plan by way of effective co-operation among other

relevant Ministries, Commissions, agencies, authorities,

institutions, organisations, civil society and any relevant bodies;

(c)

allocate appropriate financial and human resources

for the adequate implementation of this Action Plan to prevent

and combat all forms of gender-based violence and domestic

violence, including those actions carried out by non-

governmental organisations, agencies and civil society;

(d) review the Action Plan periodically and at least once

every three years in liaison with the Commission; and

(e)

publish a report, at least once every three years,

detailing the progress and status of the Action Plan.

Part II

Commission on Gender-Based Violence and Domestic Violence

(1) There shall be a Commission to be known as the

Commission on Gender-Based Violence and Domestic Violence

which shall be a co-ordinating body with the aim of offering a holistic

response to gender-based violence and domestic violence by

promoting the right of all persons to live free from violence in both

the public and private sphere, and of implementing measures to

prevent all forms of violence falling within the scope of this Act.

(2) The Commission shall be a body corporate having a

distinct legal personality and shall be capable, subject to the

provisions of this Act, of entering into contracts, of employing

personnel, of acquiring, holding and disposing of property of any

kind for the purposes of its functions under this Act or any other law,

of suing and of being sued, and of doing all such things and entering

into all such transactions as are conducive or incidental to the

exercise or performance of its functions as herein contained.

(3) The legal and judicial representation of the Commission

shall lie in its Commissioner or such other officer as the Minister may

from time to time appoint by notice in the Gazette

Provided that the Commission may appoint any one of its

members or any other person to appear in its name and on its behalf in

any judicial proceedings, and on any act, contract, agreement or

document whatsoever.

(1) The Commission shall be composed of a Appointment

Commissioner who shall be called the Commissioner on Gender- and

composition.

Based Violence and Domestic Violence and not less than six but not

more than twelve other members who are knowledgeable on issues of

gender-based violence and domestic violence, and, or legal and

administrative issues connected therewith.

(2) The members of the Commission shall be appointed by the

Minister after consulting such public and private agencies or entities

involved in the research, prevention and treatment of gender-based

violence and domestic violence, as the Minister may deem

appropriate.

(3) The Minister shall ensure that the Commission is

composed of members which represent, as far as possible, a wide

representation of civil society.

(4) The members of the Commission shall designate any one

of its members as Deputy Commissioner and the member so

designated shall have all the powers and perform all the functions of

the Commissioner during his temporary absence or inability, or while

the Commissioner is on vacation, or during any vacancy in the office

of Commissioner. The name of the person designated as Deputy

Commissioner shall be published in the Gazette.

Every member of the Commission shall hold office for a Term of office.

term of three years and may be reappointed at the end of his term of

office only once.

A person shall not be qualified to hold office as a member Disqualification

of the Commission if that person

(a)

is a Minister or a Parliamentary Secretary;

(b)

is a practicing Judge or Magistrate;

(c)

is legally interdicted or incapacitated;

(d) has been convicted of an offence liable to a term of

imprisonment for not less than six months;

(e)

has been convicted of an offence relating to a breach

of human rights or discrimination; or

(f)

is subject to disqualification under article 320 of the

Companies Act.

(1) Subject to the provisions of this article, the office of

a member of the Commission shall become vacant

(a)

upon the expiration of three years from the date of

appointment or at such earlier time as may be specified in the

instrument by which he was appointed; or

(b) upon resignation by a letter addressed to the

Minister; or

(c)

if any circumstances arise that, if he were not a

member of the Commission, would cause him to be disqualified

for appointment as such; or

(d) upon removal by the Commissioner upon a two-

thirds vote taken by all members for failure to attend meetings

as specified in article 12(2).

(2) A member of the Commission may, at any time, be

removed by the Minister after consultation with the other members of

the Commission and substituted by another member.

(3) If a member resigns or if the office of a member of the

Commission is otherwise vacant, it shall be filled by the appointment

of another member by the Minister in accordance with article 7(2).

The term of appointment of such member shall be for the remaining

period of the three year term of the member whose post has become

vacant.

Any member of the Commission who has any direct or

indirect interest in any matter or situation being considered by the

Commission, not being an interest which disqualifies such member

from remaining a member, shall disclose the nature of his interest at

the first meeting of the Commission after the relevant facts have

come to his knowledge. Such disclosure shall then be recorded in the

minutes of the meeting, and the member having an interest as

aforesaid shall withdraw from any meetings at which such matter or

situation is discussed.

(1) The Commission shall meet within one month from Provisions with

its constitution, and meetings of the Commission shall be called by respect

proceedings of

the Commissioner as often as may be necessary but not less than once the

Commission.

every two months, either on his own initiative or at the request of any

two of the other members thereafter.

(2) Attendance by all members shall be compulsory, with

failure to attend without reasonable cause for three consecutive

meetings resulting in an immediate and automatic motion for

removal.

(3) The quorum for meetings of the Commission shall be half

the number of its members, one of whom shall be the Commissioner

or the Deputy Commissioner.

(4) Decisions of the Commission shall be taken by a simple

majority of the votes of the members present and in the event of an

equality of votes the Commissioner shall have a casting vote.

(5) Subject to the provisions of this Act, the Commission

shall, in general, regulate its own proceedings.

(6) The Commission may appoint sub-committees or working

groups from among its members as it deems appropriate in order to

better discharge its functions.

(7) The validity of any proceedings of the Commission shall

not be affected by any vacancy among the members of the

Commission or by any defect in the appointment of any member.

(8) The Commission may appoint any of its officers or

employees to act as Secretary and to assist with taking of minutes of

its meetings.

(9) The Commission may from time to time invite any person

to attend one or more of its meetings, in particular to provide expert

advice on specific issues.

The functions of the Commission shall be the following

Functions of the

Commission.

(a)

to advise the Minister and any State institution on all

issues relating to gender-based violence and domestic violence,

as well as the measures deemed necessary to ensure conformity

with their due diligence obligations as established in article 5

and the Convention;

(b) to monitor and oversee the effective implementation

of the Action Plan developed by Government in accordance

with article 5;

(c)

to engage any relevant stakeholders, including civil

society, in the effective implementation of the Action Plan

mentioned in the preceding paragraph;

(d) to determine the appropriate financial and human

resources required for the adequate implementation of the

integrated policies, measures and programmes to prevent and

combat all forms of gender-based violence and domestic

violence covered by the scope of this Act;

(e)

to support research in the field of gender-based

violence and domestic violence in order to study its root causes

and effects, incidences and conviction rates, as well as the

efficacy of measures taken to implement the Convention;

(f)

to monitor national standards for support services

for victims and perpetrators of gender-based violence and

domestic violence, including public or private shelter services

or facilities;

(g) to monitor standards and protocols for professionals

in the areas covered by the scope of this Act and organise

specialised training for the said professionals, including, but not

limited to, educators, members of the judiciary and law

enforcement officers;

(h) to comprehensively collect and collate relevant

disaggregated statistical data at regular intervals on cases of all

forms of violence covered by the scope of this Act from the

State, public sector, agencies and other relevant entities, as

appropriate;

(i)

to collaborate with the relevant national institutions

to conduct population-based surveys at regular intervals to

assess the prevalence of and trends in all forms of violence

covered by the scope of this Act;

(j)

to provide the group of experts, as referred to in

article 66 of the Convention, with the information collected

pursuant to this article in order to stimulate international co-

operation and enable international benchmarking;

(k)

to ensure that the information collected pursuant to

this article is available to the public;

(l)

to conduct, on a regular basis and at all levels,

awareness-raising campaigns or programmes, including those in

co-operation with national human rights institutions and

equality bodies, civil society and non-governmental

organisations to increase awareness and understanding among

the general public of the different manifestations of all forms of

gender-based violence and domestic violence and the need to

prevent and address such violence;

(m) to ensure the wide dissemination among the general

public of information on measures available to prevent acts of

violence covered by the scope of this Act, as well as any means

of redress available;

(n) to collaborate with the educational authorities to

educate students on the forms of violence covered by this Act

and the preventive measures in their regard;

(o) to provide guidelines to the media in relation to the

prevention of the forms of violence covered by the scope of this

Act.

(1) The Commission shall keep proper accounts of its Auditing and

income and expenditure and shall prepare and send to the Minister, by accounts.

the 31st day of July of each calendar year, statements of accounts in

relation to the preceding financial year.

(2) The financial year of the Commission shall commence on

the 1st of January and shall end on the 31st of December of each year

Provided that the first financial year of the Commission

shall begin on the coming into force of this Act and end on the 31st of

December of the next following year.

(3) The accounts of the Commission shall be audited by the

Auditor General and the Financial Administration and Audit Act shall Cap. 174.

apply.

The Commission shall be exempt from any liability to pay Exemption from

income tax.

tax, in respect of its income, under the Income Tax Act.

(1) As soon as practicable after the end of every Reports.

calendar year, but in any case by no later than the end of March of the

year immediately following the year of its constitution, the

Commission shall publish a report of all its activities and shall

continue to draw up such a report by the end of March of every year

thereafter (such report shall hereinafter in this article be referred to as

the "annual report").

(2) The annual report shall include a general report of

developments during the period to which it relates in respect of

matters falling within the functions of the Commission and shall also

include a report on the activities, recommendations, advice and other

initiatives carried out by the Commission in furtherance of its

functions during the period to which the report relates.

(3) A copy of the annual report shall be sent to the Minister

who shall, by not later than four weeks after receipt of the report, lay

a copy thereof on the Table of the House, so however that if the

House is not in session, then such report shall be laid by not later than

four weeks after the House resumes its session.

(4) The Commission may also send a copy of the annual report

to such other bodies or organisations as the Minister may direct from

time to time.

(5) The annual report shall, within the period of eight weeks

from the date on which a copy thereof is laid on the Table of the

House, be discussed by the Social Affairs Committee of the House of

Representatives or any other committee substituting the same.

(1) The Minister may, whenever the Commission so

requests, appoint a person or designate a public officer to assist it, in a

consultative capacity, for the purpose of exercising any of its

functions under this Act.

(2) There shall be a Secretary to the Commission who shall be

a person appointed as such by the Minister or a public officer

designated by the Minister to perform the functions of Secretary.

(3) The Commission shall also have such other staff as the

Minister may deem necessary in order for the Commission to perform

its functions and duties under this Act, and appoint or designate as

aforesaid.

(1) The Minister shall be responsible for securing

adequate funds for the actual and effective performance of the

functions as set out in article 13.

(2) In administering such funds, the Commission shall ensure

adherence to all applicable legislation, including the provisions of the

Financial Administration and Audit Act and relevant public

procurement legislation.

Part III

Designated Agency

(1) The Minister shall designate one or more public, Designated

civil society or other organisations, institutions or other bodies with agency.

which arrangements have been made as provided in sub-article (3) as

the agency responsible for the provision of preventive, therapeutic

and, or treatment programmes for victims and perpetrators of

violence covered by the scope of this Act.

(2) The Minister shall assign those services to be provided by

the designated organisation, institution or other body.

(3) The arrangements referred to in sub-article (1) shall lay

down the services which the organisation, institution or other body

will be expected to provide for the duration of the arrangements and

which shall include the following

(a)

preventive, therapeutic and, or treatment

programmes for victims and perpetrators of forms of violence

covered by the scope of this Act;

(b) public help-line facilities for emergency access to

specialised support services in those areas related to forms of

violence covered by the scope of this Act;

(c)

expertise for the assessment of the needs and risks of

victims of violence covered by the scope of this Act, including

the development of a care plan for each referral;

(d) sheltered accommodation for victims of violence

covered by the scope of this Act, including in partnership with

other organisations, institutions or other bodies providing

similar accommodation;

(e)

the compilation and dissemination to interested

persons and bodies of documentation on the rights of victims of

violence covered by the scope of this Act, and on the remedies

and services available to them;

(f)

the collation of data concerning domestic violence

for use by the Courts, prosecutors, law enforcement officers,

health care practitioners, social workers and other agencies and

entities, in a manner that protects the identity of victims of

violence covered by the scope of this Act.

(4) The arrangements referred to in sub-article (1) shall also

provide for funding by the Minister of the services agreed upon with

the organisation, institution or other body.

(5) The designated agency shall keep the funds referred to in

sub-article (4) separately from the other funds of the agency, which

shall keep proper books of account thereof audited annually by

auditors appointed by it with the concurrence of the Minister and

which shall moreover be subject to audit by the Auditor General.

(6) The designated agency shall, by not later than three months

after the close of each financial year, transmit to the Minister

(a)

a copy of the annual accounts certified by the

auditors; and

(b)

a report on the operations of the agency during the

year.

(7) The report referred to in sub-article (6)(b) shall be laid on

the Table of the House by the Minister by not later than six weeks

after its receipt, or where the House is during the period not in session

by not later than the second week after the House resumes its sittings,

and this report shall, within the period of eight weeks from the date

on which a copy thereof is laid on the Table of the House, be

discussed by the Social Affairs Committee of the House of

Representatives or any other committee substituting the same.

(8) Any member, officer, employee or member of staff of a

designated agency shall be deemed a public officer for the purposes

of article 92 of the Criminal Code.

(9) The designated agency shall, where necessary and in the

best interest of all parties involved, liaise with any other agency,

institution, non-governmental organisation or any other body which is

competent to deal with matters relevant to the scope of this Act.

The Minister may make regulations to implement and give

better effect to the provisions of this Act, and without prejudice to the

generality of the foregoing, may prescribe anything which shall be

done or may be prescribed and provide for any consequential thing,

incidental to or connected to the provisions of this Act.

For the avoidance of any doubt, it is hereby declared that, by Reservations to

means of a Note Verbale presented on the 21st May of 2012, Malta the

entered by

reserved the right not to apply

Malta.

(a)

article 30(2) of the Convention and to continue to

apply its current legislation in so far as State compensation is

concerned; and

(b) article 44(1)(e) of the Convention and to establish

jurisdiction when the offence is committed by a person holding

permanent residence in terms of article 7 of the Immigration Act. Cap. 217.

(1) The Convention, as reproduced in the Schedule to Convention to

this Act, shall be, and shall be enforceable as, part of the Laws of be

as part of the

Malta.

law of Malta.

(2) Where any ordinary law is inconsistent with rights set out

in the Convention, the latter shall prevail, and such ordinary law

shall, to the extent of the inconsistency, be void

Provided that where any ordinary law confers a higher

degree of protection and, or further rights than those set out in the

Convention, that ordinary law shall apply.

The Domestic Violence Act and the Council of Europe Repeal of the

Convention on Prevention and Combating of Violence against Domestic

Violence Act

Women and Domestic Violence (Ratification) Act are hereby and

of Europe

repealed, without prejudice to anything done or omitted to be done Convention on

Prevention and

thereunder.

Combating of

Violence against

Women and

The Criminal Code shall be amended as follows

(a)

immediately after article 6 thereof there shall be

added the following new article

6A. Criminal actions shall be resolved

without any unreasonable delay having due regard

to the need to protect the safety and well-being of

unreasonable

the injured party.";

(b) immediately after article 15 thereof there shall be

added the following new article

15A. (1) In addition to any punishment to

which the person convicted of an offence may be

sentenced, the Court may order the offender to make

restitution to the injured party of any property or

proceeds stolen or knowingly received or obtained

by fraud or other unlawful gain to the detriment of

such party by or through the offence, or to pay to

such party such sum of money as may be determined

by the Court as compensation for any such loss as

aforesaid or for any damages or other injury or

harm, including moral harm and, or, psychological

harm, caused to such party by or through the

offence, and any such order may include both a

direction to make restitution and, or, to pay as

aforesaid. The order shall constitute an executive

title for all intents and purposes of the Code of

Organization and Civil Procedure.

(2) When issuing an order under sub-article

(1), the Court may direct that such costs or damages

are paid in instalments, in particular, having regard

to any other obligations which the offender has

towards the victim or any of the victim’s

dependants.";

(c)

in article 18 thereof, immediately after the words "of

the same provision of the law" there shall be added the words

"or of related provisions of the law";

(d)

article 28H thereof shall be amended as follows

(i)

in sub-article (1) thereof, immediately after the

words "or other injury or harm" there shall be added the

words ", including moral and, or, psychological harm";

(ii) sub-articles (3), (4), (5), (6) and (7) thereof shall

be renumbered as sub-articles (4), (5), (6), (7) and (8)

respectively;

(iii) immediately after sub-article (2) thereof, there

shall be added the following new sub-article

"(3) When issuing an order under sub-article

(1), the Court may direct that such costs or damages

are paid in instalments, in particular, having regard to

any other obligations which the offender has towards

the victim or any of the victim’s dependants."; and

(iv) in sub-article (6) thereof, as renumbered, for the

words "in sub-article (4)" there shall be substituted the

words "in sub-article (5)";

(e)

article 85 thereof the shall be amended as follows

(i) in the proviso to sub-article (1) thereof, for the

words "a fine (multa)." there shall be substituted the

words "a fine (multa):";

(ii) immediately after the proviso to sub-article (1)

thereof, there shall be added the following new proviso

"Provided further that it shall be a defence for

the person accused of this offence to prove that such

disturbance was done as a temporary measure

imposed by actual necessity either in lawful self-

defence or in the lawful defence of another person.";

(f)

the heading of Title VII of Part II of Book First

thereof shall be substituted by the following: "OF CRIMES

AFFECTING THE DIGNITY OF PERSONS";

(g)

article 197 thereof shall be amended as follows

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

three to six years, with or without solitary confinement"

there shall be substituted the words "from six to twelve

years";

(ii) in sub-article (3) thereof, for the words "from

one to four years, with or without solitary confinement"

there shall be substituted the words "from three to six

years";

(iii) sub-article (4) thereof shall be re-numbered as

sub-article (5);

(iv) immediately after sub-article (3) thereof there

shall be added the following new sub-article

"(4) The punishment prescribed for the crimes

referred to in the preceding sub-articles shall be

increased by one to two degrees in the cases referred

to in article 202, as applicable.";

(h) article 198 thereof shall be substituted by the

198. (1) Whosoever shall engage in non-

consensual carnal connection, that is to say, vaginal

or anal penetration of a sexual nature with any

bodily part, and, or, any object, or oral penetration

with any sexual organ of the body of another person

shall, on conviction, be liable to imprisonment for a

term from six to twelve years

Provided that penetration with any bodily part

and, or object shall be deemed to be complete by its

commencement, and it shall not be necessary to

prove any further acts.

(2) Whosoever by force, bribery, deceit,

deprivation of liberty, improper pressure or any

other unlawful conduct or by threats of such

conduct, causes another person to engage in any of

the non-consensual acts described in the preceding

sub-article with any person shall, on conviction, be

liable to imprisonment for a term from six to twelve

years.

(3) The acts referred to in sub-article (1)

shall be deemed to be non-consensual unless

consent was given voluntarily, as the result of the

person’s free will, assessed in the context of the

surrounding circumstances and the state of that

person at the time, taking into account that person’s

emotional and psychological state, amongst other

considerations.

(4) In addition to any punishment to which

the person convicted of an offence under this article

may be sentenced, the Court may order the offender

to make restitution to the injured party of any

property or proceeds stolen or knowingly received

or obtained by fraud or other unlawful gain to the

detriment of such party by or through the offence,

or to pay to such party such sum of money as may

be determined by the Court as compensation for

any such loss as aforesaid or for any damages or

other injury or harm, including moral and, or,

psychological harm caused to such party by or

through the offence, and any such order may

include both a direction to make restitution and, in

default, to pay as aforesaid. The order shall

constitute an executive title for all intents and

purposes of the Code of Organization and Civil

Procedure.

(5) When issuing an order under sub-article

(4), the Court may direct that such costs or

damages are paid in instalments, in particular,

having regard to any other obligations which the

offender has towards the victim or any of the

victim’s dependants.";

(i)

article 199 thereof shall be substituted by the

199. (1) Whosoever shall, abduct any

person with the intent to harm such person, shall,

on conviction, be liable to imprisonment for a term

from six to twelve years.

(2) The punishment laid down in sub-article

(1) shall be increased by one or two degrees where

any person abducts, by fraud or seduction, any

person under the age of eighteen years.";

(j)

article 200 thereof shall be deleted;

(k) in article 201 thereof the words "accompanied with

violence" shall be substituted by the words "non-consensual";

(l)

article 202 thereof shall be amended as follows

(i) in paragraph (a) thereof, immediately after the

words "or other remuneration" there shall be added the

words ", or any person otherwise having abused of his

authority over the injured party";

(ii) in paragraph (b) thereof, the words "on any

person under eighteen years of age" shall be deleted;

(iii) in paragraph (e) thereof, immediately after the

words "arms proper" there shall be added the words "or

improper";

(iv) in paragraph (g) thereof, for the words "carnally

known" there shall be substituted the word "violated";

(v) paragraph (h)(i) thereof shall be substituted by

the following

"(i) the current or former spouse, civil union

partner or cohabitant; or";

(vi) in paragraph (h)(iii) thereof, for the words "a

natural" there shall be substituted the word "an";

(vii) in paragraph (h)(v) thereof, for the word "one"

there shall be substituted the word "three";

(viii) in paragraph (n) thereof, for the words "a

similar nature." there shall be substituted the words "a

similar nature:" and immediately thereafter there shall be

added the following new proviso

"Provided that where an aggravation of

punishment in respect of the circumstances

mentioned in this article is already provided for

under this Code or any other law, the higher

punishment may be applied.";

(m)

article 203 thereof shall be amended as follows

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

the following

"(1) Whosoever, by lewd acts, defiles a person

who has not completed the age of sixteen years, shall,

on conviction, be liable to imprisonment for a term

from four to eight years

Provided that the offence shall be punishable

with imprisonment for a term from six to twelve

years, in each of the following cases

(a) if the offence is committed on a

person who has not completed the age of twelve

years, or with violence, be it physical or

psychological;

(b) if the offence is committed on a

person who has not completed the age of

sixteen years by means of threats or deceit;

(c) if the offence is committed by any

ascendant by consanguinity or affinity, or by

the adoptive parents, or by the tutor, or by any

other person charged, even though temporarily,

with the care, education, instruction, control or

custody of the person who has not completed

the age of sixteen years;

(d) when the offender abuses of a

recognised position of trust, authority, influence

or during his duties as a professional in the

possession of an official qualification and, or

warrant to practice as counsellor, educator,

family therapist, medical practitioner, nurse,

pathologist,

psychiatrist,

psychologist,

psychotherapist, social worker and, or youth

worker over the person who has not completed

the age of sixteen years and one of the

circumstance referred to below occurs

(i) the

offender

wilfully

or

recklessly endangered the life of the

person who has not completed the age of

sixteen years;

(ii) the offence involves violence or

grievous bodily harm to such person;

(iii) the offence is committed with

the

involvement

of

a

criminal

organisation within the meaning of article

83A(1).";

(ii) the proviso to sub-article (3) thereof shall be

substituted by the following

"Provided that where the injured party withdraws

his complaint, the Court may decide and direct the

continuation of proceedings against the alleged

perpetrator, giving particular consideration to the

best interests of the complainant, any minors

involved, and any other relevant third parties, and

shall cause such request and decision to be registered

in the records of the case

Provided further that where the offence is not

accompanied by any of the circumstances as to fact

or person mentioned in sub-article (1)(a), (b) and (c),

the complaint shall not be admissible after the lapse

of one year from the day on which the act was

committed or knowledge thereof was obtained by the

person entitled to lodge the complaint in lieu of the

injured party

Provided further that proceedings shall be

instituted ex officio when the act is committed with

abuse of parental authority or of tutorship.";

(n)

article 203A thereof shall be amended as follows

(i) for the words "not exceeding two years" there

shall be substituted the words "from three to six years";

(ii) in the proviso for the words "not exceeding four

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

eight years";

(o)

article 204 thereof shall be amended as follows

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

five years, with or without solitary confinement" there

shall be substituted the words "three to six years";

(ii) in the proviso to sub-article (1) thereof, for the

words "three to nine years, with or without solitary

confinement" there shall be substituted the words "six to

nine years";

(p)

article 204A thereof shall be amended as follows

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

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

twelve years";

(ii) the words "with

or

without

solitary

confinement" shall be deleted;

(q)

article 204B thereof shall be amended as follows

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

two to nine years, with or without solitary confinement"

there shall be substituted the words "from five to ten

years";

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

three to twelve years, with or without solitary

confinement" there shall be substituted the words "from

six to twelve years";

(r)

article 204C thereof shall be substituted by the

following

" Participation

204C. (1) Whosoever takes part in sexual

in sexual

activities with a person who has not completed the

activities with

age of sixteen years shall, on conviction, be liable

persons under

the age of

to imprisonment for a term from five to ten years.

(2) The punishment for the offence in sub-

article (1) shall be increased by one or two degrees

in each of the following cases

(a)

if the offence is committed on a

person who has not completed the age of

sixteen years with violence, coercion, force or

threats;

(b) where money or other forms of

remuneration or consideration is given as

payment in exchange for a person who has

not attained the age of sixteen years taking

part in sexual activities; or

(c)

when the offender abuses of a

recognised position of trust, authority,

influence or during his duties as a

professional in the possession of an official

qualification and, or warrant to practice as

counsellor, educator, family therapist,

medical practitioner, nurse, pathologist,

psychiatrist, psychologist, psychotherapist,

social worker and, or youth worker over the

person who has not completed the age of

sixteen years and one of the circumstance

referred to below occurs

(i) the offender wilfully or

recklessly endangered the life of the

person who has not completed the age

of sixteen years;

(ii) the offence involves violence

or grievous bodily harm to such

person;

(iii) the offence is committed with

the involvement of a criminal

organisation within the meaning of

article 83A(1).";

(s)

article 204D thereof shall be amended as follows

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

three to ten years, with or without solitary confinement"

there shall be substituted the words "from five to ten

years";

(ii) in sub-article (2) thereof, the words "with or

without solitary confinement" shall be deleted;

(t)

article 205 thereof shall be amended as follows

(i) for the words "for a term not exceeding five

years, with or without solitary confinement" there shall

be substituted the words "for a term from three to seven

years";

(ii) for the words "of two to seven years" there shall

be substituted the words "of four to nine years";

(u)

article 207 thereof shall be amended as follows

(i) the marginal note thereof shall be substituted by

the following: "Non-consensual act of a sexual nature.";

(ii) for the words "violent indecent assault" there

shall be substituted the words "non-consensual act of a

sexual nature";

(iii) for the words "for a term from three months to

one year" there shall be substituted the words "for a term

from three to seven years";

(v)

article 208AA thereof shall be amended as follows

(i) in sub-article (1) for the words "for a term from

two to five years" there shall be substituted the words

"for a term from three to six years";

(ii) in sub-article (2) the words "with or without

solitary confinement," shall be deleted;

(w)

article 208E thereof shall be amended as follows

(i) in sub-article (1), for the words "up to two years

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

(€3,000) and not more than five thousand euro (€5,000)"

there shall be substituted the words "up to five years or

to a fine (multa) of not less than four thousand euro

(€4,000) and not more than eight thousand euro

(€8,000)";

(ii) in sub-article (4), the words "taken without the

consent or knowledge of the person or persons depicted

therein, or to any photograph or film" shall be deleted;

(x) in article 216 thereof for the words "from three

months to three years" there shall be substituted the words

"from one year to seven years";

(y)

article 217 thereof shall be amended as follows

(i) for the words "from five months to four years"

there shall be substituted the words "from two to ten

years";

(ii) the proviso thereto shall be substituted by the

following

"Provided that where the offence is committed

by means of any explosive fluid or substance the

minimum punishment shall be imprisonment for four

years and the provisions of the Probation Act shall

not be applicable.";

(z)

in article 218 thereof for the words "from nine

months to nine years" there shall be substituted the words "from

five to ten years";

(aa)

article 220 thereof shall be amended as follows

(i) in sub-article (1)(b) thereof, for the words "four

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

to twelve years";

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

nine years" there shall be substituted the words "five to

ten years";

(ab) article 221 thereof shall be amended as follows

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

term not exceeding three months, or with a fine (multa)"

there shall be substituted the words "for a term not

exceeding five years, or with a fine (multa)";

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

term from two months to one year" there shall be

substituted the words "for a term from two to seven

years";

(ac) immediately after sub-article (6) of article 222A

thereof there shall be added the following new sub-article

"(7) The punishment prescribed for any of the

crimes referred to in the preceding articles of this sub-

title shall be increased by one to two degrees in the

applicable cases referred to in article 202, provided that

where an aggravation of punishment in respect of the

circumstances mentioned in this article is already

provided for under this Code or any other law, the higher

punishment may be applied.";

(ad) in article 248A thereof, for the words "from four to

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

twelve years";

(ae)

article 249 thereof shall be amended as follows

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

one to six months" there shall be substituted the words

"from six to twelve months or to a fine (multa) not

exceeding five thousand euro (€5,000), or to both such

imprisonment and fine";

(ii) in sub-article (2) thereof, for the words "and to a

fine (multa)" there shall be substituted the words ",

provided that such fine (multa) shall not exceed ten

thousand euro (€10,000)";

(af)

in sub-article (1) of article 251 thereof, for the words

"Whosoever shall use violence in order to compel another

person to do, suffer or omit anything" there shall be substituted

the words "Whosoever shall use violence, including moral and,

or, psychological violence, and, or coercion, in order to compel

another person to do, suffer or omit anything or to diminish such

other person’s abilities or to isolate that person, or to restrict

access to money, education or employment";

(ag) Article 251A shall be substituted as follows

" Harassment.

251A. (1) A person who

(a)

pursues a course of

conduct which amounts to

harassment of another person; or

(b) pursues a course of

conduct which he knows or ought

to know amounts to harassment of

such other person; or

(c)

subjects

another

person to an act of physical

intimacy; or

(d) requests

sexual

favours from another person; or

(e)

subjects

another

person to any act and, or conduct

with

sexual

connotations,

including spoken words, gestures

and, or the production, display or

circulation of any written words,

pictures, and, or any other

material, where such act, words,

and, or conduct is unwelcome to

the victim, and could be

reasonably be regarded as

offensive, humiliating, degrading,

and, or intimidating towards that

person,

shall be guilty of an offence under this

article.

(2) For the purpose of this

article, the person whose course of

conduct is in question ought to know

that it amounts to harassment of another

person if a reasonable person in

possession of the same information

would think the course of conduct

amounted to harassment of the other

person.

(3) It is a defence for a person

charged with an offence under this

article to show that

(a)

his course of conduct

was pursued for the purpose of

preventing or detecting crime; or

(b) his course of conduct

was

pursued

under

any

enactment, regulation or rule, or

to comply with any condition or

requirement imposed by any

person under any enactment; or

(c)

in

the

particular

circumstances the pursuit of the

course of conduct was reasonable.

(4) A person guilty of an offence

under this article shall be liable to the

punishment of imprisonment for a term

from six months to two years or to a

fine (multa) of not less than five

thousand euro (€5,000) and not more

than ten thousand euro (€10,000), or to

both such fine and imprisonment

Provided that the punishment

shall be increased by one degree where

the offence is committed against any

person mentioned in article 222(1).";

(ah) article 251AA thereof shall be amended as follows

(i) immediately after paragraph (c) of sub-article

(2) thereof, there shall be added the following new

paragraph

"(d) it is repeated conduct that causes the other

person to fear for his safety.";

(ii) in paragraph (b) of sub-article (2) of article

251AA, the word "and" shall be deleted;

(iii) in paragraph (c) of sub-article (2) of article

251AA, immediately after the word "person" there shall

be added the word ", and"; and

(iv) in sub-article (4) thereof, for the words "six to

twelve months" there shall be substituted the words "one

to two years";

(ai) in sub-article (5) of article 251BA thereof, for the

words "nine months" there shall be substituted the words "two

(aj)

article 251E thereof shall be amended as follows

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

nine years" there shall be substituted the words "five to

ten years";

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

the words "four to twelve years" there shall be

substituted the words "six to twelve years";

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

the words "three to nine years" there shall be substituted

the words "six to twelve years";

(iv) in sub-article (6) thereof, for the words

"Whosoever aids, abets, counsels or procures" there

shall be substituted the words "Whosoever aids, abets,

counsels, incites, procures or coerces";

(ak) immediately after article 251G thereof there shall be

added the following new article

251GA. Any person who by force, bribery,

deceit, deprivation of liberty, improper pressure or

any other unlawful conduct or by threats of such

conduct, lures another person to the territory of

another State other than the one he or she resides in

with the purpose of forcing such person to enter

into a marriage shall, unless the fact constitutes a

more serious offence under any other provision of

this Code, be liable upon conviction to

imprisonment for a term from four to six years.";

(al) immediately after article 251H thereof there shall be

added the following new article

251HA. The punishment prescribed for any of

the crimes referred to in the preceding articles of

this sub-title shall be increased by one to two

degrees in each of the cases referred to in article

202, where and as applicable, provided that where

an aggravation of punishment in respect of the

circumstances mentioned in this article is already

provided for under this Code or any other law, the

higher punishment may be applied.";

(am) article 257D thereof shall be amended as follows

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

words "for any damages or other injury or harm" there

shall be added the words "including moral and

psychological harm";

(ii) immediately after sub-article (2) thereof, as

amended, there shall be added the following new sub-

article

"(3) When issuing an order under sub-article

(1), the Court may direct that such costs or damages

are paid in instalments, in particular having regard to

any other obligations which the offender has towards

the victim or any of the victim’s dependants.";

(an) immediately after sub-article (2) of article 346

thereof there shall be added the following new sub-article

"(3) In the carrying out of their duties, the

Police shall take all measures necessary for the

immediate protection of victims following an

assessment as the case may be.";

(ao) in sub-paragraph (ii) of paragraph (f) of sub-article

(1) of article 355E thereof, for the words "altered or destroyed."

there shall be substituted the words "altered or destroyed; or" and

immediately after paragraph (f) of sub-article (1) of article 355E

thereof there shall be added the following new paragraph

"(g) the entry is necessary for the protection of any

person.";

(ap) in article 355W thereof, for the words "the peace

and honour of families and morals" there shall be substituted the

words "sexual offences";

(aq) in article 382A thereof, immediately after the words

"may give effect to anything provided in sub-article (3) of the

said article 412C" there shall be added the words "and the

provisions of sub-articles (8) to (11) of the said article 412C,

both inclusive, shall mutatis mutandis apply.";

(ar) article 412C thereof shall be substituted by the

412C. (1) Where a person (hereinafter in

this article and in article 412D referred to as "the

accused") has been charged or accused with an

offence before the Court of Magistrates whether as

a Court of inquiry or as a Court of criminal

judicature, the Court may, either ex officio or at the

request of any party to the proceedings, on

reasonable grounds, for the purpose of providing

for the safety of the injured person or of other

individuals or for the keeping of the public peace or

for the purpose of protecting the injured person or

other individuals from harassment or other conduct

which will cause a fear of violence, issue a

protection order against the accused.

(2) Where a protection order is requested by

any party to the proceedings, such request shall be

appointed for hearing to determine whether there is

sufficient prima facie evidence for it to be issued

by the Court within seven days from when such

request is made.

(3) Before issuing a protection order, the

Court shall take into account

(a)

the need to ensure that the injured

person or other individual specified in the

order is protected from injury or molestation;

and

(b) the welfare of any children or any

dependants who may be affected by the order;

and

(c)

the accommodation needs of all

persons who may be affected by the order, in

particular of the injured person, his children

and his other dependants; and

(d) any hardship that may be caused

to the accused or to any other person as a

result of making the order; and

(e)

the accused’s willingness or

otherwise to submit to such treatment as the

Court may deem appropriate; and

(f)

any other matter that, in the

circumstances of the case, the Court considers

relevant

Provided that particular attention shall be

given to the matters in paragraphs (a), (b) and (e).

(4) The Court shall always issue a

protection order in those instances where,

following a risk assessment of the injured party or

any other relevant person, it becomes apparent that

such person is at a very high risk.

(5) When issuing a protection order, the

Court shall outline the formal requirements of such

order, and, if applicable, delineate any prohibited

areas and other prohibited conduct.

(6) When issuing a protection order under

this article, the Court shall immediately

communicate such order to the Commissioner of

Police, who shall take all actions necessary to

ensure monitoring of the conditions of such order,

including, if appropriate, by electronic means.

(7) A protection order may impose any

restrictions or prohibitions on the accused that

appear to the Court necessary or desirable in the

circumstances in order to give effect to any of the

purposes mentioned in sub-article (1).

(8) Without limiting the nature of the orders

which may be made under sub-article (1), a

protection order may do all or any of the following

(a)

prohibit or restrict the accused

from approaching or following the

movements of the injured person or any other

individual specified in the order; or

(b) prohibit or restrict access by the

accused, to premises in which the injured

person, or any other individual specified in

the order, lives, works or frequents even if the

accused has a legal interest in those premises;

or

(c)

prohibit the accused from

contacting or molesting the injured person or

any other individual specified in the order.

(9) A protection order shall remain in force

for a period, not exceeding five years, specified by

the Court, but can be revoked or extended for

further periods.

(10) A party to the proceedings in which an

order has been made under this article or any other

individual mentioned in the order, may apply to the

Court at any time for the extension, variation or

revocation of the order and after all the parties have

had an opportunity to be heard the Court shall, in

determining whether to extend, vary or revoke an

order, have regard to the matters specified in sub-

article (3).

(11) If without reasonable excuse the accused

contravenes any prohibition or restriction imposed

upon him by an order under this article, he shall be

guilty of an offence and shall, on conviction, be

liable to a fine (multa) of seven thousand euro

(€7,000) or to imprisonment not exceeding two

years or to both such fine and imprisonment.

(12) The Court may also order that any arm

proper or arm improper, as defined in article 64, be

deposited with the Court’s registrar.";

(as) immediately after article 540 thereof there shall be

added the following new article

540A. (1) Upon the receipt of any report,

information or complaint requiring proceedings to

be taken against a person from a person or persons

indicated in paragraph (a) of article 12 of the Victims

of Crime Act, a police officer, together with a social

worker, shall immediately conduct an assessment of

the risk of the injured person or of any other

individual, as the case may be.

(2) Where, following such assessment, it

becomes apparent that any person is at a serious

risk of harm, the Executive Police shall

immediately apply to a Magistrate requesting the

issue of a temporary protection order stating the

grounds for the request and giving the Magistrate

all such information that will enable the Magistrate

to decided upon the request.

(3) Before deciding whether to issue the

temporary protection order, the Magistrate may

require the police officer, the social worker, or the

person making the report or complaint giving the

information, to confirm on oath the information

supplied by him and the temporary protection order

shall be issued once the Magistrate is satisfied that

sufficient grounds for the issuing of the order exist

Provided that such a decision shall be taken

within six hours of receipt of the application.

(4) In cases of utmost urgency, the request

for the issue of the temporary protection order and

the order may be communicated even by electronic

means

Provided that, as soon as practicable, the

original temporary protection order shall be

delivered for record purposes.

(5) Sub-articles (7), (8), (11) and (12) of

article 412C shall apply mutatis mutandis to a

temporary protection order issued under this

article.

(6) A temporary protection order issued

under this article shall remain in force until the

alleged offender is arraigned, but can be revoked or

extended for further periods on good cause being

shown by the Executive Police or by the injured

party.

(7) Upon determining that no criminal

proceedings are warranted against the alleged

offender, the Executive Police shall forthwith

inform the Magistrate and request the revocation of

the temporary protection order.

(8) The temporary protection order shall

lapse upon the issue of a protection order under

article 412C.

(9) For the purposes of this article,

"temporary protection order" shall have the same

meaning assigned to a "protection order" under

article 412C.";

(at)

article 543 thereof shall be amended as follows

(i) in the first proviso to paragraph (e) thereof, for

the words "Domestic Violence Act" there shall be

substituted the words "Gender-Based Violence and

Domestic Violence Act";

(ii) in the second proviso to paragraph (e) thereof,

for the words "of any minors involved" there shall be

substituted the words "of the complainant, any minors

involved, and any other relevant third parties";

(iii) immediately after paragraph (e) thereof there

shall be added the following new paragraph

"(f) in the case of rape as defined in article

198 of this Code

Provided that it shall be lawful, after

proceedings have commenced before the court in

virtue of this article for an offence mentioned in this

paragraph, for an alleged victim to request the court

to stay proceedings against the alleged perpetrator,

however, if such request is made, the court may

decide to continue the proceedings against the

perpetrator, giving particular consideration to the best

interests of the complainant, any minors involved,

and any other relevant third parties.";

(au) article 544 thereof shall be substituted by the

following

544. Criminal proceedings shall not be

instituted except on the complaint of the private

complaint of

party in the case of theft of electricity and offences

private party

arising from article 326(1)(c), (e) and (f).";

(av) in sub-article (4) of article 574A thereof,

immediately after the words "ask the prosecuting or arraigning

officer whether he and the Attorney General" there shall be

added the words "and if applicable, the injured party";

(aw) in sub-article (2) of article 603 thereof, the words

"the punishment of death or to" and the words "affecting the

peace and honour of families" shall be deleted;

(ax) in article 637 thereof, for the words "circumstances

of the case." there shall be substituted the words "circumstances

of the case:", and immediately thereafter there shall be added

the following new proviso

"Provided that particular care must be taken to

ensure that evidence relating to the sexual history and

conduct of the victim shall not be permitted unless it is

relevant and necessary."; and

(ay) article 646 thereof shall be amended as follows

(i) in the first proviso to sub-article (2) thereof, for

the words "the witness is" there shall be substituted the

words ", when assessing the circumstances of the case, it

is apparent to the Court that appearing for viva voce

examination may cause the witness to suffer

psychological harm, or is";

(ii) in the second proviso to sub-article (2) thereof,

the words "unless the Court otherwise directs for a

reason which arises after the date of the said testimony

of the minor and considered by the Court to be in the

interest of the administration of justice and the discovery

of the truth" shall be deleted.

The Civil Code shall be amended as follows

(a)

in article 47 thereof, for the words "the paramount

consideration shall be the welfare of the children." there shall be

substituted the words "the paramount consideration shall be the

welfare of the children:", and immediately thereafter there shall

be added the following new proviso

"Provided that in cases where there is evidence of

domestic violence, the Court may limit or deny access to

the children if such access would put the children or the

other parent at risk.";

(b)

article 56A shall be substituted by the following

56A. The Court may, for grave reasons, at any

time during the cause for separation, and or,

divorce, or when the parties are separated and, or

divorced, upon the demand of one of the parties, or

of its own motion declare that the other party is not

fit to have the custody of the minor children of the

parties, and where the Court issues such a

declaration, the party so declared, upon the death of

the other party, shall not be entitled to assume the

custody of the minor children without the

authorisation of the Court

Provided that evidence of domestic violence

shall constitute a grave reason for the purposes of

this article.";

(c)

article 57 thereof shall be amended as follows

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

"according to law." there shall be substituted the words

"according to law:", and immediately thereafter there

shall be added the following new proviso

"Provided that this right may be suspended if

the exercise thereof would put either the children or

the other parent at a risk of harm.";

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

to the children." there shall be substituted the words

"access to the children:", and immediately thereafter

there shall be added the following new proviso

"Provided that the right of access may be

withdrawn by the Court when the spouse who is

granted such right of access fails to exercise such

right without reasonable cause.";

(iii) in sub-article (3) thereof, immediately after the

words "of such minors" there shall be added the words

"or to the welfare of anyone of the parents";

(d)

article 90 thereof shall be amended as follows

(i) in sub-article (2) thereof, the words "; the Court

may also restrict the exercise of these rights and, in

serious cases, exclude both parents from the exercise of

these rights." shall be deleted;

(ii) immediately after sub-article (2) thereof, as

amended, there shall be added the following new sub-

articles

"(3) The Court may also restrict the

exercise of the aforementioned rights and, in

serious cases, exclude both parents from the

exercise of these rights.

(4) The Court may also restrict the

exercise of the aforementioned rights where one

or both of the parents are convicted with one or

more of the offences listed in Title VII of Part II

of Book First of the Criminal Code.";

(e)

article 154 thereof shall be amended as follows

(i) sub-article (2) thereof shall be renumbered as

sub-article (4);

(ii) immediately after sub-article (1) thereof there

shall be added the following new sub-articles

"(2) If the interests of the child so require,

the Court may order that only one of the parents

shall exercise the rights of parental authority and

the Court may also restrict the exercise of these

rights and, in serious cases, exclude both parents

from the exercise of these rights.

(3) The Court may also restrict the

exercise of the aforementioned rights where one

or both of the parents are charged with one or

more of the offences listed in Title VII of Part II

of Book First of the Criminal Code.";

(f)

in sub-article (1) of article 1045 thereof, for the

words "which the act may have caused." there shall be

substituted the words "which the act may have caused:", and

immediately thereafter there shall be added the following new

"Provided that in the case of damages arising from a

criminal offence, the damage to be made good shall also

include any moral and or psychological harm caused to

the claimant

Provided further that, notwithstanding any other

provision of this Code or of any other law, when

damages arise from a criminal offence committed

against a minor, the period of prescription shall run from

the day on which the victim attains the age of majority.'';

(g) immediately following sub-article (8) of article 37

there shall be added the following new sub-article

"(9) The provisions of this article shall also apply in

cases relating to maintenance, access, and, or care and

custody of children, even when the parents are not

married."; and

(h) in article 39, immediately following the words "by

either spouse" there shall be inserted the words ", or a law suit for

access, and, or, care and custody of children has been filed, even

when the parents are not married,".

The Witnesses (Fees) Ordinance shall be amended as Amendment to

the Witnesses

(Fees)

Ordinance.

(a)

paragraph (e) of Schedule A thereof shall be

substituted by the following

"(e) Witnesses under 18 years of age, unless engaged

in a profession or business"; and

(b) items 4 and 5 of Schedule C thereof shall be deleted

and item 6 shall be renumbered as item 4.

The Police Act shall be amended as follows

Amendments to

the Police Act.

(a) in article 36(7) thereof, for the words "six months"

there shall be substituted the words "twelve months";

(b) immediately before article 75 in Title IV thereof,

there shall be added the following new article

" Procedure.

74A. Any victim who makes contact with the

Executive Police shall be promptly provided with a

Letter of Victims’ Rights and the said person shall

be given the opportunity to read it and to retain

same in his possession. The Letter of Victims’

Rights shall be written in a language that the person

understands

Provided that where the Letter of Victims’

Rights is not available in the appropriate language,

the person shall be informed of his rights orally in a

language that he understands and the Letter of

Victims’ Rights shall, subsequently and without

undue delay, be provided to him in a language that

he understands."; and

(c)

sub-article (1) of article 55(1) thereof shall be

substituted by the following

"(1) Any minor, any victim of any crime against the

sexual integrity of persons, any vulnerable victim or

witness shall give evidence viva voce during the trial by

contemporaneous television transmission.".

The Probation Act shall be amended as follows

(a)

sub-article (2) of article 24 thereof shall be

renumbered as sub-article (3); and

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

be added the following new sub-article

"(2) When issuing an order under sub-article (1), the

Court may direct that such costs or damages are paid in

instalments, in particular having regard to any other

obligations which the offender has towards the victim or

any of the victim’s dependants.".

The Restorative Justice Act shall be amended as follows

(a)

article 27 thereof shall be substituted by the

27. The functions of the Victim Support

Unit shall include

(a)

the establishment of a Victims of

Crime Charter, to be approved by the

Minister, to regulate the coordination of

services to satisfy the needs of victims of

crime including all the necessary procedures

to be followed in accordance with the

provisions of the Victims of Crime Act and

any other applicable law or policy;

(b) the provision and management of

a victims’ register in accordance with article

28;

(c)

the drawing up of a list of

mediators to assist in victim-offender

mediation;

(d) the

drawing

up

of,

in

collaboration with the Malta Mediation

Centre, a code of ethics to be followed by

mediators during victim-offender mediation

proceedings;

(e)

the drawing up of the criteria for

the appointment of mediators;

(f)

the facilitation of better access to

victim-offender mediation through the

publication of information, guidelines and

related documentation;

(g) the promotion of victim-offender

mediation as a means of reparation for both

the victim and the offender at any stage of the

criminal justice process;

(h) the drawing up and publication of

an annual report on the progress of the Victim

Support Unit, which shall include

(i) the number of victim-

offender mediation processes made

and the results thereof during that

year; and

(ii) any other matter, which may

be deemed appropriate for inclusion in

the

report,

excluding

any

administrative issues;

(i)

the collaboration with any victim

support voluntary organisation as the Victim

Support Unit may deem necessary; and

(j)

the performance of such other

functions as may be assigned to the Victim

Support Unit by this Act or by any other law

or by any regulations which may, from time to

time, be prescribed by the Minister."; and

(b) in sub-article (2) of article 30 thereof, immediately

after the words "on its own merits" there shall be added the

words "so however that, offences arising from acts considered

to constitute gender-based violence or domestic violence shall

not be considered suitable for victim-offender mediation".

The Victims of Crime Act shall be amended as follows

(a)

in article 2, immediately after paragraph (b) of the

definition of the word "victim" there shall be added the

following new paragraph (c)

"(c) minors who are witnesses to forms of

violence.";

(b)

article 10 shall be substituted as follows

10. Where the victim wishes to avail himself of the

benefit of legal aid, the provisions of article 570 of the

Criminal Code shall mutatis mutandis apply

Provided that, for the purpose of such proceedings,

any reference in those provisions to the accused shall be

construed as being a reference to the victim."; and

(c)

immediately after article 14, the following new

article shall be inserted

14A. (1) Where a victim is identified as a minor,

the Court shall, upon the request by the prosecution or

upon an application by any person, appoint a support

person, in terms of the Code of Organization and Civil

Procedure, to assist the minor throughout the entire court

proceedings, as well as for a suitable period of time

following the conclusion of the court proceedings, as may

be necessary

Provided that in the absence of any such request the

court may order such appointment ex officio, as

appropriate

Provided further that the Court shall in the

appointment of a support person take into consideration

the gender of the minor.

(2) For the purposes of this article, the term

"support person" refers to a specially trained expert in

family and child matters.

(3) The functions of the support person shall

include, inter alia

(a)

guiding and assisting the minor in a

sensitive manner during the judicial proceedings,

and if necessary, after the justice process;

(b) the provision of general emotional

support to the minor;

(c)

advising the Court as to whether

therapy or counselling is necessary both during

and after the judicial process;

(d) liaising with the minor’s parents or

legal guardians, family members, and advocate, as

appropriate;

(e)

informing the minor about the

proceedings at Court and discuss, in a sensitive

manner, his role during the proceedings;

(f)

advising or requesting the Court on the

issuing of protection orders both during and after

the judicial process, as appropriate;

(g) monitoring the adherence to Court

orders by perpetrators following the conclusion of

the judicial proceedings;

(h) monitoring the relationship between

the minor and the perpetrators, both during and

after the judicial process, as appropriate;

(i)

liaising with the appropriate agencies

and, or professionals to ensure that the necessary

counselling and, or treatment is provided, as

appropriate;

(j)

advising or requesting the Court to

issue any special measures as may be necessary in

the minor’s best interest.".

Article 14 of the Gender Identity, Gender Expression and Amendments to

the Gender

Sex Characteristics Act shall be amended as follows

Identity, Gender

Expression and

Sex

(a) sub-articles (2), (3), (4) and (5) thereof shall be

Characteristics

renumbered as sub-articles (3), (4), (5) and (6) respectively; and

Act.

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

be added the following new sub-article

"(2) Medical practitioners or other professionals in

breach of this article shall, on conviction, be liable to the

punishment of imprisonment not exceeding five years,

or to a fine (multa) of not less than five thousand euro

(€5,000) and not more than twenty thousand euro

(€20,000).".

In regulation 2 of the Criminal Injuries Compensation

Scheme Regulations, for the definition "violent intentional crime"

there shall be substituted the following

" "violent intentional crime" means an act which

constitutes a crime referred to in articles 197, 198, 204, 204A,

204B, 204C, 204D, 205, 207 of the Criminal Code; the crimes

referred to in articles 211 and 216 of the Criminal Code, when

committed by any of the means referred to in articles 217, 218,

312, 314A(2), 314B(2) of the Criminal Code; the crimes

referred to in articles 248A to 248D, both inclusive, of the

Criminal Code, as well as the crimes referred to in articles

251BA, 251E, 314CB(1) and (2) of the said Code; and the

offences mentioned in articles 316 and 317 of the said Code

where, as a result thereof, a person perishes or suffers grievous

bodily harm.".

The Civil Court (Family Section), the First Hall of the Civil

Court and the Court of Magistrates (Gozo) (Superior Jurisdiction)

(Family Section) Regulations shall be amended as follows

(a)

Immediately after paragraph (5) of article 3, the

following new paragraphs shall be inserted

"(6) The Minister shall in accordance with article 89

of the Code of Organization and Civil Procedure appoint

a panel of experts in family and child matters

(hereinafter in these regulations called support persons)

being persons who in the opinion of the Minister have

the necessary qualities to undertake the functions

assigned to support persons, which panel shall consist of

persons qualified as aforesaid who shall be appointed by

the Court on a roster basis to act as support persons in a

particular case.

(7) The functions of the support person shall

include, inter alia

(a) guiding and assisting the minor in a sensitive

manner, both during and after the proceedings, as

appropriate;

(b) the provision of general emotional support to

the minor;

(c) advising the Court as to whether therapy or

counselling is necessary, both during and after the

proceedings;

(d) liaising with the minor’s parents or legal

guardians, family members, and advocate, as

appropriate;

(e) informing the minor about the proceedings at

court and his role during the proceedings;

(f) advising or requesting the Court on the

issuing of protection orders, both during and after the

proceedings, as appropriate;

(g) monitoring the adherence to Court orders by

perpetrators following the conclusion of the

proceedings;

(h) monitoring the relationship between the

minor and the perpetrators following the conclusion

of the proceedings, as appropriate;

(i) liaising with the appropriate agencies and, or

professionals to ensure that the necessary

counselling and, or treatment is provided, as

appropriate;

(j) advising or requesting the Court to issue any

special measures as may be necessary in the minor’s

best interest.";

(b) in sub-regulation (3) of regulation 4 thereof, for the

words "minor children of the parties." there shall be substituted

the words "minor children of the parties:", and immediately

thereafter there shall be added the following new proviso

"Provided that where the letter referred to in this

regulation is accompanied by evidence substantiating a

claim of domestic violence, the Court shall summon the

parties to appear before it to determine whether

appearing before a mediator is in the best interest of both

parties.";

(c)

regulations 8 to 14 thereof shall be renumbered as

regulations 9 to 15 respectively; and

(d)

immediately after regulation 7 thereof there shall be

added the following new regulation

" Domestic

8. Where, in the course of mediation

violence

proceedings, the mediator becomes aware of, or has

during

reason to suspect, the occurrence of domestic

mediation

proceedings.

violence, the mediator shall immediately inform the

Judge in writing to that effect." .

In article 32 of the Employment and Industrial Relations

Act the words "a fine (multa) not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to

imprisonment for a period not exceeding six months, or to both such

fine and imprisonment" shall be substituted by the words

"imprisonment for a term from six months to two years or to a fine

(multa) of not less than five thousand euro (€5,000) and not more than

ten thousand euro (€10,000), or to both such fine and imprisonment".

In article 11 of the Civil Unions Act, the words "convert

their civil union into marriage." shall be substituted by the words

"convert their civil union into marriage:" and immediately after there

shall be added the following proviso

"Provided that persons who commenced the necessary

procedures to contract a civil union prior to the coming into force of the

Marriage Act and other Laws (Amendment) Act, 2017, and contract

that civil union prior to the first day of December 2017, may also

convert their civil union into marriage in accordance with this article.".

Immediately after sub-article (3) of article 40 of the

Cohabitation Act, there shall be inserted the following new sub-

article

"(4) For every action requested under this

Act, save for the action contemplated in article

17, articles 37 and 39 of the Civil Code shall

mutatis mutandis apply.".

Passed by the House of Representatives at Sitting No. 105 of the

25th April, 2018.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€7.38