ACT No. X of 2022 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

FRANK BEZZINA

Acting President

28th June, 2022

ACT No. X of 2022

AN ACT to further amend the Criminal Code, Cap. 9.

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

consent of the House of Representatives, in this present Parliament

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

(1) The short title of this Act is the Criminal Code

commencement.

(Amendment No. 3) Act, 2022 and this Act shall be read and construed

as one with the Criminal Code hereinafter referred to as "the Code".

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

responsible for justice may, by notice in the Gazette, establish, and

different dates may be so established for different provisions and

purposes of the Act.

Immediately after article 211 of the Code there shall be added

the following new article

211A. In sentencing a person convicted of the wilful

homicide or of the attempted wilful homicide of a

person of the female gender the court shall, in

establishing the punishment, give due consideration to

whether the homicide or attempted homicide

(a) was the result of violence committed

by an intimate partner with whom the victim was

or is still in a relationship or of whom the victim is

the spouse or former spouse; or

(b) resulted from violence by a member

or members of the family; or

(c) was committed for misogynist

motives; or

(d) was committed for reasons of honour

of the perpetrator, or of family reputation, or for

reasons related to religious or cult belief or

practices; or

(e) was committed due to motives based

on the gender, or gender identity, or sex or sexual

orientation of the victim; or

(f) was committed as a result of sexual

violence or of acts of a sexual nature; or

(g) was committed due to the victim

being involved in prostitution, or being subjected

to sexual exploitation or being the victim of

human trafficking for purposes of sexual

exploitation,

and the court shall consider the existence of any of

the said circumstances as a factor militating against

leniency in punishment.".

In article 212 of the Code, the words "contained in the last Amendment of

article 212 of

preceding article" shall be substituted by the words "of article 211".

the Code.

In the paragraph immediately following paragraph (c) of Amendment of

article 227 of the Code, the words "on the consequences of the crime;" article

the Code.

shall be substituted by the words "on the consequences of the crime:"

and immediately thereafter there shall be added the following new

"Provided that a homicide shall not be excusable

under this paragraph if it was committed in any of the

circumstances mentioned in article 211A;".

Passed by the House of Representatives at Sitting No. 19 of the 20th

June, 2022.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36