ACT No. XXIV of 2019 An ACT to amend the Criminal Code, Cap. 9, and the Gender-

I assent.

(L.S.)

GEORGE VELLA

President

19th July, 2019

ACT No. XXIV of 2019

An ACT to amend the Criminal Code, Cap. 9, and the Gender-

Based Violence and Domestic Violence Act, Cap 581.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Criminal Code and the

Gender-Based Violence and Domestic Violence (Amendment) Act,

2019. PART I

Amendments to the Criminal Code

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

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

referred to as "the Code".

In article 18 of the Code the words "or of related provisions of

the law" shall be deleted.

Article 208E of the Code shall be amended as follows

Amendment of

article 208E of

the Code.

(a) the marginal note thereof shall be substituted by the

following

"Non-consensual taking or disclosure of private

sexual photographs and films.";

(b) in sub-article (1) thereof immediately after the words

"or harm of any nature," there shall be added the words "takes

or";

(c) in sub-article (2)(a) thereof immediately before the

words "he has disclosed the sexual photograph or film" there

shall be added the words "where the sexual photograph or film

were taken with the consent of the person or persons displayed or

depicted in such photograph or film,"; and

(d) in sub-article (4) thereof, immediately after the

words "In this article:" there shall be added the following new

definition

" "taking" shall refer to the unauthorised taking of

sexual private photos and films, by any means;".

Sub-article (2) of article 251I of the Code shall be amended as Amendment of

article 251I of

follows

the Code.

(a) in paragraph (b) thereof, immediately after the words

"or permanent" there shall be added the words "or habitual"; and

(b) in paragraph (c) thereof, immediately after the words

"or permanent" there shall be added the words "or habitual".

Sub-article (3) of article 382A of the Code shall be substituted Amendment of

article 382A of

by the following

the Code.

"(3) If without reasonable excuse the offender

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.".

Article 540A of the Code shall be substituted by the Substitution of

article 540A of

following

the Code.

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

complaint by the Executive Police requiring proceedings to be

taken against a person from a person or persons indicated in

article 12(a) of the Victims of Crime Act, a Police officer,

together with a professional, trained by the designated agency in

accordance with the Gender-Based Violence and Domestic

Violence Act, shall immediately conduct an assessment of the

risk of the injured person or of any other individual, as the case

may be

Provided that during said assessment nothing shall bar

the Executive Police from initiating an investigation, during which

investigation there shall be heard, amongst others, the alleged

offender.

(2) Where, during such investigation, 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 decide upon the

request

Provided that said application shall be made by not

later than twelve hours from when the Executive Police receive

such report, information, or complaint.

(3) Before deciding whether to issue the temporary

protection order, the Magistrate may require the police officer,

the professional, 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

eight hours of receipt of the application

Provided also that said agency shall, immediately

after the assessment is carried out according to sub-article (1),

provide sheltered accommodation to the alleged victim,

according to article 19(3)(d) of the Gender-Based Violence and

Domestic Violence Act, as needed.

(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 (3), (7), (8), (11) and (12) of article 412C

shall apply mutatis mutandis to a temporary protection order

issued under this article, and for the purposes of this article,

"temporary protection order" shall have the same meaning

assigned to "protection order" under article 412C.

(6) A temporary protection order issued under this article

shall remain in force

(a) up to a maximum of thirty days from the issue

of the temporary protection order; or

(b)

until the first sitting against the alleged

offender,

whichever is the earlier

Provided that the Police shall institute criminal

proceedings against the alleged offender by not later than thirty

days from the issue of the temporary protection order.

(7) A temporary protection order issued under this article

can be revoked or extended for a further period by the Magistrate

who issued the order, on just cause being shown

Provided that it can also be extended by the Court

during its first sitting, if a request is made to issue a protection

order under article 412C.

(8) A temporary protection order issued under this article

shall lapse upon

(a)

the determination that no criminal proceedings

shall be instituted against the alleged offender; or

(b)

the lapse of thirty days from the issue of the

temporary protection order; or

(c)

the hearing of the first sitting against the

alleged offender; or

(d)

the issue of a protection order under article

412C

Provided that in the case of paragraph (a), the

Executive Police shall immediately inform the Magistrate

of this decision, and request the revocation of the

temporary protection order.".

The first proviso to sub-article (2) of article 646 of the Code

shall be substituted by the following

"Provided that the witness is also produced in Court

to be examined viva voce as provided in sub-article (1) unless,

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 when the witness is

dead, absent from Malta or cannot be found and saving the

provisions of sub-article (8):".

PART II

Amendments to the Gender-Based Violence

and Domestic Violence Act

This Part amends the Gender-Based Violence and Domestic

Violence Act and it shall be read and construed as one with the

Gender-Based Violence and Domestic Violence Act, hereinafter in this

Part referred to as "the principal Act".

In article 2 of the principal Act, the definition "gender" shall

be substituted by the following

" "gender" means the socially constructed roles,

expectations, activities, behaviours and attributes that society at

any given time associates with a person of any sex, assuming any

form of gender identity or gender expression;".

In sub-article (1) of article 7 of the principal Act, for the

words "and not less than six but not more than twelve other members"

there shall be substituted the words "and not less than six but not more

than twelve other members, one of whom shall be a person with

disability,".

Passed by the House of Representatives at Sitting No.248 of the

10th July, 2019.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72