ACT No. X of 2024 AN ACT to further amend the Criminal Code, Cap. 9.

I assent.

(L.S.)

GEORGE VELLA

President

23rd February, 2024

ACT No. X of 2024

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:-

The short title of this Act is the Criminal Code (Amendment Short title.

No. 4) Act, 2024 and this Act shall be read and construed as one with

the Criminal Code, hereinafter referred to as "the Code".

Article 251F of the Code shall be substituted by the following Substitution of

article 251F of

the Code.

251F.(1) Whosoever surgically removes or

disables a minor person’s reproductive organs, or an

adult person’s reproductive organs without that adult

person’s free and informed consent, leading to

sterilization, shall be guilty of enforced sterilization and

shall, unless the fact constitutes a more serious offence

under any other law or any other provision of this Code,

be liable, on conviction, to imprisonment for a term

from five (5) years to nine (9) years, with the possibility

of a fine (multa) of not less than eight thousand euro

(€8,000) and not exceeding twenty thousand euro

(€20,000).

(2) For the purposes of this article, "free and

informed consent" shall

(i) mean consent reflecting the will and

preferences of an adult person, freely given

directly by said adult person, in respect of a

surgical procedure the adult person might undergo,

which may lead to sterilization; and

(ii) be given after said adult person would

have been provided with prior information, in

respect of the purpose and nature of the procedure,

as well as of its consequences, risks and alternative

options thereto, in a manner that is appropriate,

accessible and easy to understand for that adult

person, including, as necessary, through non-

conventional methods of communication and

access to independent support from third parties;

and

(iii) be able to be withdrawn at any

moment prior to the procedure following its

initially having been given, with said possibility

having been likewise communicated to the adult

person alongside the information indicated above

Provided that if an adult person is unable to give

free and informed consent in accordance with this article,

whether due to a cause that is either temporary or long-

term, no other person shall be able to substitute said adult

person’s free and informed consent for the purposes of

this article

Provided further that any surgical procedure

performed on a minor person, and that leads to

sterilization, shall be deemed to be enforced sterilization

for the purposes of this article, except when said

procedure is covered by the exception in the next

proviso, and no other person, including a parent or legal

guardian, shall be able to provide consent for such a

procedure in the name of the minor person, other than

when the exception mentioned would be applicable

Provided further that no offence under this

article shall be committed when sterilization shall result

as a consequence of a medical intervention, which

(i) is not performed with the purpose of

achieving enforced sterilization in terms of this

article; and

(ii) would have been otherwise deemed

medically necessary by one (1) or more medical

professionals, in accordance with the applicable

standard of care, with such standard following

established medical practice, and with such

medical intervention consisting of one (1) or more

procedures, and which has the aim of saving or

preserving the life of an adult person or of a minor

person, in the immediate or longer term; and

(iii) follows established medical practice

with regard to the granting of informed consent by

the patient in terms of other legislation.

(3) Whosoever is an accomplice to the offence

referred to in sub-article (1), by aiding, abetting or

procuring the enforced sterilization of any minor person

or adult person shall, unless the act constitutes a more

serious offence under any other law or any other

provision of this Code, be liable, on conviction, to the

punishments laid down in sub-articles (1) and (4) of this

article.

(4) The punishment prescribed for any of the

offences referred to in the preceding sub-articles shall be

increased by one (1) degree, when the commission of

such crimes involves also the use of force, deceit, fraud,

bribery, false pretences, coercion or threats.

(5) In addition to any punishment to which the

person convicted of such an offence may be sentenced,

the Court may also order such person to pay the injured

party such sum of money as may be determined by the

said Court as compensation, in terms of article 15A, as

compensation for the harm, including moral and, or

psychological harm caused to such party by, or by means

of the offence. The order shall constitute an executive

title for all intents and purposes of the Code of

Organization and Civil Procedure.".

Passed by the House of Representatives at Sitting No. 208 of the

20th February, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.54