ACT No. XXXVII of 2025 AN ACT to amend various articles in the Criminal Code with a view to introducing additional provisions regulating and imposing criminal liability for the misuse of electronic communication, amending the provisions regulating the procès-verbal, substituting the concept of

I assent.

(L.S.)

MYRIAM SPITERI DEBONO

President

18th November, 2025

ACT No. XXXVII of 2025

AN ACT to amend various articles in the Criminal Code with a view

to introducing additional provisions regulating and imposing criminal

liability for the misuse of electronic communication, amending the

provisions regulating the procès-verbal, substituting the concept of

trafficking in persons with that of smuggling of persons and imposing

penalties for offences relating to smuggling of persons, as well as

granting powers to Police to execute alerts pursuant to the Schengen

Information System.

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. 5) Act, 2025 and this Act shall be read and construed as one with

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

Article 337A of the Code shall be amended as follows

Amendment of

article 337A of

the Code.

(a) in the marginal note thereof the words "Traffic in

persons to enter or leave Malta illegally." shall be substituted by

the words "Smuggling of persons.";

(b) in sub-article (1) thereof the words "from six months

to five years or a fine (multa) of twenty-three thousand and two

hundred and ninety-three euro and seventy-three cents

(€23,293.73)" shall be substituted by the words "from four years

to ten years, or a fine (multa) of forty thousand euro (€40,000)".

In sub-article (1) of article 337B of the Code immediately

after the definition "computer system" there shall be added the

following new definitions

"electronic communication apparatus" means

any

equipment or machinery howsoever so described;

"electronic communication network" means transmission

systems, whether or not based on a permanent infrastructure or

centralised administration capacity, and where applicable

switching or routing equipment and other resources, including

network elements which are not active, which permit the

conveyance of signals by wire, by radio, by optical or by other

electromagnetic means, including satellite networks, fixed

(circuit-switched and packet-switched, including Internet) and

mobile networks, electricity cable systems, to the extent that they

are used for the purpose of transmitting signals, irrespective of

the type of information conveyed;".

Immediately after article 337H of the Code there shall be

added the following new article

337I. Whosoever, knowingly with intent to cause

"Misuse of electronic

communication

harm, shall engage in actions that impact the integrity

network or apparatus

to transmit misleading

of electronic communications or with intent to spread

information or spread

false news shall use an electronic mail address or

false news.

website domain likely to deceive the recipient as to

the identity of the person transmitting the information

or news or otherwise make use of an electronic

communication network or apparatus for any of the

purposes mentioned above, shall be guilty of an

offence and shall on conviction, be liable to

imprisonment for a term not exceeding two years, or

to a fine (multa) not exceeding ten thousand euro

(€10,000), or both such imprisonment and fine.".

In sub-article (1) of article 350 of the Code the definition

"Schengen Information System" shall be substituted by the following

new definition

" "Schengen Information System" means the Schengen

Information System as established by Regulation (EU) 2018/

1862 of the European Parliament and of the Council of 28

November 2018 on the establishment, operation and use of the

Schengen Information System (SIS) in the field of police

cooperation and judicial cooperation in criminal matters,

amending and repealing Council Decision 2007/533/JHA, and

repealing Regulation (EC) No 1986/2006 of the European

Parliament and of the Council and Commission Decision 2010/

261/EU.".

Immediately after sub-article (2) of article 351 of the Code Amendment of

article 351 of

there shall be added the following new sub-article

the Code.

"(2a) A Police officer may search a person, vehicle, ship,

vessel or boat, cargo or aircraft to carry out discreet checks,

inquiry checks or specific checks as referred to in Article 36 or

Article 38 of Regulation (EU) 2018/1862 establishing the

Schengen Information System or, if he has reasonable suspicion

that the search will detect persons subject to an alert in accordance

with Article 32 thereof.".

In paragraph (g) of article 355 of the Code the words Amendment of

"Schengen Information System:" shall be substituted by the words article

the Code.

"Schengen Information System; or" and immediately thereafter there

shall be added the following new paragraph

"(h) the detection of persons falling within the scope of

Article 32(1)(c), (d) and (e) of Regulation (EU) 2018/1862

establishing the Schengen Information System:".

Paragraph (g) of sub-article (1) of article 355E of the Code Amendment of

article 355E of

shall be substituted by the following new paragraph

the Code.

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

including minors or vulnerable persons who need to be prevented

from travelling owing to a concrete and apparent risk of them

being removed from or leaving the territory of a Member State or

who need to be placed under protection in accordance with

Regulation (EU) 2018/1862 establishing the Schengen

Information System.".

Sub-article (2) of article 548 of the Code shall be substituted Amendment of

article 548 of

by the following new sub-article

the Code.

"(2) Experts employed in the inquest for the purpose of

collecting and examining any dactyloscopic data and samples for

analysing human DNA, shall within twenty-four hours of

analysing the dactlyoscopic data or profile, transmit to the

Executive Police copies of the dactyloscopic data and DNA

profiles together with any other information related to the

dactyloscopic data and DNA profile, as well as any other

information that the Executive Police may request from the

expert.".

Passed by the House of Representatives at Sitting No. 405 of the

13th November, 2025.

ANĠLU FARRUGIA

Speaker

ELEANOR SCERRI

Clerk of the House of Representatives

€0.54