ACT No. V of 2024 AN ACT to further amend the Criminal Code, Cap. 9 and to make provision with respect to matters ancillary thereto.

I assent.

(L.S.)

GEORGE VELLA

President

6th February, 2024

ACT No. V of 2024

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

provision with respect to matters ancillary thereto.

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

consent of the House of Representatives, in this present Parliament

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

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

(Amendment No. 2) Act, 2024 and this Act shall be read and construed scope.

as one with the Criminal Code, hereinafter referred to as "the Code". Cap. 9.

(2) The scope of this Act is to transpose Directive 2011/92/EU of

the European Parliament and of the Council of 13 December 2011 on

combating the sexual abuse and sexual exploitation of children and

child pornography, and replacing Council Framework Decision 2004/

68/JHA.

In article 21 of the Code, the words "saving the provisions of Amendment of

article 7." shall be substituted by the words "without prejudice to the article

Code.

provisions of article 7:" and immediately after there shall be added the

following new proviso

"Provided that where a person who was under

eighteen (18) years of age at the time of the commission of the

offence is convicted of an offence in accordance with articles

204A, 204B, 208, 208A or 208C and the court is satisfied that

the said person was a victim of sexual abuse and was compelled

to commit the said offence, the court may, upon conviction,

decide not to impose any punishment on the person convicted.".

Immediately after article 209A of the Code there shall be

added the following new article

209B. In the case of offences in accordance with

authority may

articles 204A, 204B, 208, 208A or 208C, the competent

authority may decide not to institute criminal

proceedings for any of the mentioned offences against a

minor at the time of the commission of the offence where

the said authority is satisfied that such minor was a

victim of sexual abuse and was compelled to commit the

offence. In the case when the said criminal proceedings

are instituted, the competent authority may also in the

course of the criminal proceedings request that any

victim who is a minor as aforesaid shall not be subjected

to punishment upon conviction and in such case the court

shall uphold the said request of the authority.".

Immediately after sub-article (3) of article 346 of the Code

there shall be added the following new sub-article

(4) Any minor, or victim of a sexual offence, or

vulnerable victim or witness shall have the said interview

and any statement made by him recorded by audio-visual

means when interviewed by the police in the course of an

investigation

Provided that for the purposes of this sub-article,

any audio-visually recorded interview or statement shall

be admissible as evidence in any trial before a court of

criminal judicature concerning the offence to which it

relates.".

In article 347A of the Code, the words "Without prejudice to

the two preceding articles" shall be substituted by the words "Without

prejudice to the provisions of sub-articles (1), (2) and (3) of article

In sub-article (3) of article 391 of the Code, the words "under

the age of sixteen years" shall be substituted by the words "under the

age of eighteen (18) years".

Article 646 of the Code shall be amended as follows

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

words "is a minor under sixteen years of age" shall be substituted

by the words "is a minor under eighteen (18) years of age"; and

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(3A) An audio-visually recorded interview or

statement of a minor, of any victim of a sexual offence, or

of any vulnerable victim or witness made in accordance

with sub-article (4) of article 346 shall be admissible as

evidence

Provided that where the person so interviewed or

who makes the statement gives evidence viva voce as a

witness before a court during a trial, the said evidence

shall be given by video conference from a place other

than the courtroom where the trial is being held and shall

be recorded by audio-visual means.".

Sub-article (1) of article 55 of the Police Act shall be Consequential

substituted by the following new sub-article

"(1) Any minor, or victim of a sexual offence, or

vulnerable victim or witness shall have the said interview

and any statement made by them recorded by audio-

visual means when interviewed by the police in the

course of an investigation

Provided that for the purposes of this sub-article,

any audio-visually recorded interview or statement shall

be admissible as evidence in any trial before a court of

criminal judicature concerning the offence to which it

relates and the provisions of sub-article (3A) of article

646 of the Criminal Code shall apply to viva voce

evidence given by such person during the trial.".

Passed by the House of Representatives at Sitting No. 202 of the

31st January, 2024.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.54