cap_9 scheduledskedadpreamble—criminalcode

MT

CRIMINAL CODE (scheduled)

999 Articles / Provisions · Malta

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Table of Provisions (999)

Preamble Art. 1 Title. Schedule D Art. 2 Classification of offences. Art. 3 Actions arising from an offence. Art. 4 Nature of criminal action. Art. 5 Persons subject to prosecution. Art. 5A Extension of applicability to exclusive economic zone area or environment protection area. Art. 6 Criminal and civil actions are independent of each other. Art. 6A Criminal actions to be resolved without unreasonable delay. Art. 7 Punishments to which crimes and contraventions are subject. Art. 8 Imprisonment. Art. 9 Solitary confinement. Art. 10 Interdiction. Art. 11 Fine (multa). Art. 12 Detention. Art. 13 Fine (ammenda). Art. 14 Time for payment of fine (multa or ammenda). Art. 15 Reprimand or admonition. Repealed by: II.1886.4. and re-enacted by: XVI.1888.4. Art. 15A Compensation for victims of crime. Art. 16 Reckoning of punishment. Art. 17 Concurrent offences and punishments. Art. 18 Continuous offence. Art. 19 Rules respecting the award of punishments. Art. 20 Punishment not awardable in its minimum. Art. 21 Punishment below prescribed minimum. Art. 22 Computation of sentences of imprisonment. Art. 23 Forfeiture of corpus delicti. Art. 23A Freezing of property of person accused. Art. 23B Forfeiture of proceeds. Art. 23C Forfeiture of property derived from criminal activity. Art. 23D The Director of the Asset Recovery Bureau to conduct enquiries. Art. 24 Liability of person having the charge of another, in case of contravention. Art. 25 Abolition of disabilities arising out of punishments. Art. 26 Right of civil action unaffected. Art. 27 Difference between punishment at the time of the offence and that at the time of trial. Art. 28 Rules as to the serving of punishments. Art. 28A Suspended sentence of imprisonment. Art. 28B Commission of an offence during the operational period. Art. 28C Competent court for dealing with suspended sentence. Art. 28D Suspended sentence not dealt with on conviction of further offence. Art. 28E Concurrent offences and punishments in relation to suspended sentence. Art. 28F Recidivists. Art. 28G Suspended sentence supervision order. Art. 28H Court direction for restitution or compensation. Art. 28I Appeals. Art. 29 Procedure in default of payment of fine (ammenda or multa). Art. 30 Disqualification s in case of convictions. Art. 31 Scale of punishments. Art. 32 Gradation in the scale of punishments. Art. 33 Defect of will. Art. 33A Increase in punishment for offences committed by prisoners in prison. Art. 34 Intoxication. Art. 35 Minors under fourteen years of age. Art. 36 Minors under fourteen but over nine years acting with discretion. Art. 37 Minors under sixteen years of age acting without mischievous discretion. Art. 38 Definition of "Approved Institution". Art. 39 Rules concerning deaf- mutes. Art. 40 Other rules concerning deaf- mutes. Art. 41 Attempted crime. Art. 42 Complicity in crime. Art. 43 Punishment for complicity. Art. 44 Personal circumstances not communicable. Art. 45 Real circumstances when communicable. Art. 46 Accomplice liable to punishment independently of the principal. Art. 47 Constraint to commit offence, etc. Art. 48 Complicity in contraventions. Art. 48A Conspiracy. Art. 49 Definition of recidivist. Art. 50 Effect of previous conviction for crime. Art. 51 Solitary confinement in the case of relapsers serving a life sentence. Art. 52 Exceptions. Art. 53 Effect of previous conviction for contravention. Art. 54 Effect of pardon in respect of recidivists. Art. 54A General. Art. 54B Genocide. Art. 54C Crimes against humanity. Art. 54D War crimes. Art. 54DA Crime of aggression. Art. 54E Responsibility of commanders and other superiors. Art. 54F Mental element. Art. 54G Jurisdiction. Art. 54H Protection of victims and witnesses. Art. 54I Supplementary provisions for offences under this Title. Art. 55 Attempts against the President of Malta. Art. 55A Incitement to take away the life and liberty of the President of Malta or of any Minister Art. 56 Insurrection or coup d’état. Art. 57 Conspiracy against the State. Art. 58 Commencement of conspiracy. Art. 59 Provocation to perpetrate crimes against the safety of the Government. Art. 60 Exemption from punishment. Art. 61 Failure to disclose. Art. 62 Exemptions. Art. 63 When offence is deemed to be accompanied with public violence. Art. 64 Definition of "arms proper" and "arms improper". Art. 65 Punishment for offences accompanied with public violence. Art. 66 Assembly under arms. Art. 67 Conspiracy. Art. 68 Unlawful assembly. Art. 69 Instigation to commit an offence. Art. 70 Incitement to disobey the law. Art. 71 Unlawful endeavour to compel Government to alter measures or counsels. Art. 72 Disprezz lill- President. Emendat: XXVII.1975.6. Art. 73 XXVII.1975.6. Unlawful assembly with seditious violent intent. Art. 74 Seditious conspiracy. Art. 75 Akkuża falza ta’ tagħwiġ fl- amministraz- zjoni tal-Gvern. Emendat: XXVII.1975.9. Art. 76 Administering unlawful oath. Art. 77 Person taking unlawful oath. Art. 78 Inciting to sedition or to mutiny. Art. 79 Tumultuous assembly. Art. 80 Disobedience of order for dispersal. Art. 81 Assembly when not unlawful. Art. 82 Spreading of false news. Art. 82A Incitement to racial hatred, etc. Art. 82B Condoning, denying or trivialising genocide, etc., against a group. Art. 82C Condoning, denying or trivialising crimes against peace against a group. Art. 82D Aiding, abetting or instigating offences under articles 82A to Art. 82E Applicability of articles 121D, 208B(5), 248E(4) and Art. 83 Promotion of political object by use or display of physical force. Art. 83A Promoting, etc., an organization of two or more persons with a view to commit criminal offences. Art. 83B General provision. Art. 83C Offences committed by a body corporate. Art. 84 Unlawful exercise of public functions. Art. 85 Arbitrary exercise of pretended rights. Art. 86 Illegal arrest, detention or confinement. Art. 87 Aggravating circumstances. Art. 88 Punishment for illegal arrest, etc., accompanied with bodily harm. Amended by: XLIX.1981.4. Art. 89 Extenuating circumstance. Art. 89A Removal from Malta of a minor in breach of an order of any authority. Art. 90 Unlawful removal of persons to a foreign country or unlawful confinement therein. Art. 91 Violence and threats against public officers. Art. 92 Definition of "public officer". Art. 93 Reviling or threatening judge, Attorney General, magistrate or juror. Art. 94 Bodily harm caused to judge, Attorney General, magistrate or juror. Art. 95 Art. 96 Assault or resistance. Art. 97 Aggravating circumstance. Art. 98 Assault or resistance accompanied with public violence. Art. 98A Non-applicability of articles 28A, 28B, 28C, 28D, 28E, 28F, 28G, 28H, 28I and article 22 of the Probation Act. Art. 99 Exemption from punishment in case of desistance. Art. 99A General provisions. Art. 100 Interpretation. Art. 101 Calumnious accusations. Art. 102 Subornation or attempted subornation of witness, referee or interpreter. Art. 103 Preparation or production of false documents. Art. 104 Perjury in certain criminal trials. Art. 105 Perjury in other criminal trials. Art. 106 Perjury in civil proceedings. Art. 107 Perjury by referee or interpreter. Art. 108 False swearing. Art. 109 Interdiction in sentences for calumnious accusations, perjury and false swearing. Art. 110 Fabrication of false evidence. Art. 111 Hindering person from giving necessary information or evidence. Art. 112 Unlawful exaction. Art. 113 Extortion. Art. 114 Aggravating circumstances. Art. 115 Bribery. Art. 116 Where failure of duty consists in passing sentence on defendant or person accused. Art. 117 Where failure of duty consists in releasing a person charged or in discharging a defendant or person accused. Art. 118 Bribery of member of House of Representatives. Art. 119 Cases in which punishment of general interdiction is applied. Art. 120 Punishment for persons bribing public officers or servants. Art. 121 Embracery and corruption of other persons. Art. 121A Trading in influence. Art. 121B Accounting offences. Art. 121C Jurisdiction. Art. 121D Corporate liability for offences under this title. Art. 121E Applicability of article 248E(4) of the Code. Art. 122 Prevarication by advocate or legal procurator. Art. 123 Betrayal of interests of client. Art. 124 Private interest in adjudications, etc. Art. 125 Private interest in the issuing of orders, etc. Art. 126 Aggravating circumstance. Art. 127 Embezzlement. Art. 128 Turnkey or gaoler taking person in custody without warrant. Art. 129 Arbitrary acts or restrictions by turnkeys or gaolers. Art. 130 Detention of persons under arrest in place other than a public prison. Art. 131 Refusal to perform a lawful duty. Art. 132 Allegation of false excuse by juror, witness or referee. Art. 133 Disclosing official secrets. Art. 134 Unlawful continuance in office or employment. Art. 135 Obstruction of execution of law by public functionaries. Art. 135A Promotion of violence or racial hatred by public officers. Art. 136 Unlawful domiciliary entry by public officials. Art. 137 Failure or refusal of magistrates or Police to perform certain duties. Art. 138 Malicious violation of official duties. Art. 139 Aggravating circumstance. Art. 139A Torture and other cruel, inhuman or degrading treatment or punishment. Art. 140 Additional punishment of interdiction. Art. 141 General provision. Art. 142 Breaking of seals. Art. 143 Theft aggravated by "breaking". Art. 144 Embezzlement, etc., of documents, etc., from places of public deposit. Art. 145 Aggravating circumstance of "violence". Art. 146 Fraudulent withdrawal of letters or packets. Art. 147 Fraudulent retention, etc., of postal packets or parcels. Art. 148 Unlawful opening of letters, etc., by post office officials. Art. 149 Suppression of letters, etc., by post office officials. Art. 150 Aggravation of punishment in the case of public officers. Art. 151 Simple escape of a person sentenced. Art. 152 Prison breaking. Art. 153 Negligence or imprudence of person charged with the custody, etc., of person escaping. Art. 154 Connivance, etc., of person charged with the custody, etc., of person escaping. Art. 155 Aggravating circumstances. Art. 156 Aiding and abetting on the part of person not charged with the custody, etc., of person escaping. Art. 157 Assisting criminals to escape from Malta. Art. 158 Harbouring of criminals. Art. 159 Exemptions. Art. 160 Escape from places of custody. Art. 161 Damage to monuments, etc. Art. 162 Violation of tombs. Art. 163 Vilification of the Roman Catholic Apostolic Religion. Art. 164 Vilification of other cults tolerated by law. Art. 165 Obstruction of religious services. Art. 166 Forgery of Government debentures. Art. 167 Forgery of documents. Art. 168 Forgery of Government debentures and documents by public officers. Art. 169 Use of forged debentures or documents. Art. 170 Forgery of Government, judicial or official acts. Art. 171 Counterfeiting the Public Seal of Malta. Art. 172 Counterfeiting of seals, stamps, or other Government marks. Art. 173 Counterfeiting postage stamps, and making use of same. Art. 174 Possessing counterfeited postage stamps, dies, etc. Art. 175 Purchasing or having in possession certain paper before it has been duly stamped and issued. Art. 176 Act of counterfeiting Public Seal of Malta, stamps, etc., defined. Art. 177 Punishment for counterfeiting Public Seal of Malta, stamps, etc., when committed by public officers. Art. 178 Exemption from punishment. Art. 179 Forgery of acts by public officer. Art. 180 Fraudulent alteration of acts by public officer. Art. 181 Delivery of writings falsely purporting to be copies of public acts which do not exist. Art. 182 Delivery of copies of acts differing from the original. Art. 183 Forgery of public, commercial or private bank documents by person not being a public officer. Art. 184 Malicious use of false documents. Art. 185 Issue of false declarations or certificates. Art. 186 Malicious use of false declarations or certificates. Art. 187 Forgery of private writings. Art. 187A Fraudulent breach of particular agreement with a Government department. Art. 187B Breaching the conditions of a particular agreement with a Government department without just cause. Art. 187C Institution of action under articles 187A and 187B and consequence of conviction. Art. 188 False declarations or information to a public authority. Art. 188A Reference to currency. Art. 188B Forgery and uttering of currency. Art. 188C Import, export, transportation and possession of forged currency. Art. 188D Making, receiving, obtaining or having in possession paper or implements for forgery. Art. 188E Mutilation and defacement of currency. Art. 188F Consultation with the Central Bank of Malta. Art. 188G Medals and tokens similar to euro coins. Art. 188H Liability of legal persons. Art. 188I Persons against whom criminal action may be brought under this sub-title. Art. 189 Other kinds of forgery and use of forged documents. Art. 189A Definition of document, etc. Art. 190 Additional punishment of perpetual general interdiction. Art. 190A Scope and applicability. Art. 190B Interpretation. Art. 190C Fraud affecting the Union’s financial interests. Art. 190D Penalties. Art. 190E Mis- appropriation against the European Union’s financial interests. Art. 190F Incitement, aiding and abetting and attempts. Art. 190G Corporate liability for offences under this Sub-title. Art. 190H Considerable damage or advantage. Art. 190I Aggravating circumstances. Art. 190J Jurisdiction. Art. 190K Recovery. Art. 191 Fraudulent bankruptcy. Art. 192 Circumstances which give rise to simple bankruptcy. Art. 193 Bankruptcy of broker. Art. 194 Circumstances which may give rise to simple bankruptcy. Art. 195 Complicity in bankruptcy. Art. 196 Bigamy. Art. 196A Bigamy involving a civil union and cohabitation. Art. 197 Prostituting of descendant under age by ascendant. Art. 198 Rape . Art. 199 Abduction. Art. 200 Where offender restores person abducted. Art. 201 abducted. Non-consent in cases of carnal knowledge and indecent assault. Art. 202 Aggravating circumstances. Art. 203 Defilement of persons under sixteen (16) years of age. Art. 203A Instigation, etc., of defilement of minors. Art. 204 Inducing, etc., persons under age to prostitution. Art. 204A Art. 204B Inducing persons under age to prostitution or to participation in a pornographic performance. Art. 204C Participation in sexual activities with persons under the age of years. sixteen . Art. 204D Unlawful sexual activities. Art. 205 Compelling or inducing person of age to prostitution. Art. 206 Proof of carnal connection. Art. 207 Non-consensual act of a sexual nature. Art. 208 Display of pornographic material in public places. Art. 208A Indecent photographs, films, etc., of persons under age. Art. 208AA Meeting a child following sexual grooming etc. Art. 208AB Advertisement of sexual tourism. Art. 208AC Aggravating circumstances. Art. 208B Provisions applicable to articles 198, 203 to 204D and 208A to 208AB of the Code. Art. 208C Aiding and abetting. Art. 208E Non-consensual taking or disclosure of private sexual photographs and films. Art. 209 Offences against decency or morals committed in public. Art. 209A Ma japplikawx id- dispożizzjonijiet tal-artikolu 21. Miżjud: IV.2014.17. Art. 209B Competent authority may decide not to prosecute victims who are minors or exemption from punishment. Art. 210 Kidnapping or concealing an infant, etc. Art. 211 Wilful homicide. Art. 211A Femicide. Art. 212 Art. 213 Inciting or helping others to commit suicide. Art. 214 Bodily harm. Art. 215 Grievous or slight bodily harm. Art. 216 Grievous bodily harm. Art. 217 Grievous bodily harm with arms proper, etc. Art. 218 Other cases of grievous bodily harm. Art. 219 Decrease of punishment in case of supervening accidental cause. Art. 220 Grievous bodily harm from which death ensues. Art. 221 Slight bodily harm. Art. 222 Aggravating circumstances. Art. 222A Increase of punishment in certain cases. Art. 223 Justifiable homicide or bodily harm. Art. 224 Cases of lawful defence. Art. 225 Involuntary homicide. Art. 226 Involuntary bodily harm. Art. 226A Involuntary homicide or involuntary bodily harm in the course of theft or attempted theft. Art. 226B Explosive fluid or substance. Art. 226C Involuntary homicide or bodily harm in the course of a rescue attempt. Art. 226D Aggravating circumstances. Art. 227 Cases of excusable wilful homicide. Art. 228 Punishment for excusable wilful homicide. Art. 229 Cases of inadmissibility of excuse. Art. 230 Excusable bodily harm. Art. 231 Punishment for excusable bodily harm referred to in paragraph (a) of s.230, Art. 232 in paragraphs (b) and (c) of s. 230, Art. 233 in paragraph (d) of s. 230. Art. 234 Admissibility of excuse in case of homicide or bodily harm caused to person other than the intended victim. Art. 235 When provocation may be pleaded. Art. 236 Homicide or bodily harm caused by husband on adulterous wife and adulterer. Art. 237 Homicide or bodily harm in accidental affray. Art. 238 Provoking tumult or affray for the purpose of committing homicide or causing a bodily harm. Art. 239 Concealing body of person killed. Art. 240 Concealing birth of child. Art. 241 Procuring miscarriage. Art. 242 Death or grievous bodily harm caused by means used for miscarriage. Art. 243 Where physician, etc., prescribes or administers means for causing miscarriage. Art. 243A Culpable miscarriage. Art. 243B Exceptions to articles 241(2) and Art. 244 Administering or causing others to take substances injurious to health. Art. 244A Transmission, communication. etc., of disease. Art. 245 Infanticide. Art. 246 Abandoning or exposing child under seven years. Art. 247 If child dies or sustains injury. Art. 247A Ill-treatment or neglect of child under sixteen years Art. 248 Failure to take care of foundling or to make report thereof. Art. 248A Art. 248B Traffic of a person of age for the purpose of exploitation in prostitution, etc. Art. 248C Traffic of a person of age for the purpose of exploitation in the removal of organs. Art. 248CA Trafficking in human organs. Art. 248D Traffic of a minor for any of the purposes mentioned in articles 248A to Art. 248DA Improperly inducing consent to adoption of a minor for purposes of exploitation. Art. 248DB Child labour. Art. 248E General provisions applicable to this Sub-title. Art. 248F Ġħajnuna u assistenza. Miżjud: XVIII.2013.6. Art. 248G Non- applicability of provisions. Art. 249 Threats by means of writings. Art. 250 Blackmail. Art. 251 Private violence. Art. 251A Harassment. Art. 251AA Stalking. Art. 251B Causing others to fear that violence will be used against them. Art. 251BA Stalking involving fear of violence, serious alarm or distress. Art. 251BB Cyber-stalking. Art. 251BC Cyberbullying. Art. 251C Interpretation of articles 251A to Art. 251D General provisions. Art. 251E Female genital mutilation. Art. 251EA Virginity testing. Art. 251F Enforced sterilization. Art. 251G Forced marriage. Art. 251GA Luring of a person to the territory of another State to marry. Art. 251H Increase in punishment. Art. 251HA Aggravating circumstances. Art. 251I Applicability of provisions. Art. 252 Inġurji. Emendat: XI.1900.36; IV.1916.2. Art. 253 Meta mhix ammissibbli l- prova tal-verità tal-fatt. Emendat: XI.1900.36; IV.1916.3. Art. 254 Eċċezzjonijiet. Ċirkostanzi li jnaqqsu l-piena. Setgħat tal-qorti. Emendat: XI.1900.36. Art. 255 Ebda proċediment ma jittieħed mingħajr il- kwerela tal-parti offiża. Emendat: XXIII.2017.11. Art. 256 XI.1900.36. Libelli. Emendat: XIV.1889.44; XI.1900.36; XXII.1976.4. Art. 257 Disclosing of professional secrets. Art. 257A Art. 257B Grievous bodily harm followed by death. Art. 257C Art. 257D Offences relating to crimes against property and public safety. Art. 257E Unlawful arrest, detention or confinement of an elder or a dependent adult. Art. 257F Applicability of provisions. Art. 258 Suppression of epistolary or telegraphic correspondence. Art. 259 Unlawful opening of closed letters, etc. Unlawful possession of closed correspondence. Art. 260 Complaint by aggrieved party. Art. 261 Theft. Aggravating circumstances. Art. 262 Theft aggravated by "violence". Art. 263 Theft aggravated by "means". Art. 264 Definition of "breaking". Art. 265 Definition of "false key". Art. 266 Definition of "scaling". Art. 267 Theft aggravated by "amount". Art. 268 Theft aggravated by "person". Art. 269 Theft aggravated by "place". Art. 270 Theft aggravated by "time". Art. 271 Theft aggravated by "the nature of the thing stolen". Art. 272 Punishment for theft accompanied with wilful homicide. Art. 272A Punishment for theft accompanied with grievous bodily harm from which death ensues. Art. 273 Punishment for theft accompanied with attempted homicide. Art. 274 Punishment for theft accompanied with bodily harm. Art. 275 Punishment for theft accompanied with confinement of person. Art. 276 Art. 276A Punishment when "violence" is directed against certain persons. Art. 277 Punishment for theft aggravated by "violence" accompanied with other aggravating circumstances. Art. 278 Punishment for theft aggravated by "means" only or by "means" and other aggravating circumstances. Art. 279 Punishment for theft aggravated by "amount". Art. 280 Punishment for theft aggravated by "amount" accompanied with other aggravating circumstances. Art. 281 Punishment for theft aggravated by "person", "place", "time" or "nature of thing stolen". Art. 282 Art. 283 Theft of water, gas or electric current. Art. 283A Complaint of the injured party. Art. 284 Simple theft. Art. 285 Punishment. Art. 286 Possession of stolen articles by person previously convicted of theft or of receiving stolen articles. Art. 287 Unjustified possession of moneys, articles, etc., by person previously convicted of theft, etc. Art. 288 Theft for mere use of thing stolen. Art. 289 Punishment in case of second or subsequent conviction for theft. Art. 290 Unlawful possession of property of the Republic of Malta. Art. 291 Destroying or obliterating marks denoting property of the Republic of Malta. Art. 292 Unlawful dealings in or possession of marine or ship’s stores. Art. 293 Mis- appropriation. Art. 294 Aggravating circumstances. Art. 295 Fraud relating to insurance. Art. 296 Barratry. Art. 297 Fraudulent breach of trust in respect of papers signed in blank or otherwise. Art. 298 Commercial or industrial fraud. Art. 298A Fraudulent access to tele- communications systems. Art. 298B Violation of copyright. Art. 298C Usury. Art. 298D Tampering, removal, etc., of chassis or engine number. Art. 299 Presumption of malice. Art. 300 Burden of proof. Art. 301 False trade description. Art. 302 How presumption of malice may be rebutted in certain cases. Art. 303 Exemption from punishment. Art. 304 Cases in which a trade mark, device or description is deemed to have been applied. Art. 305 Definition of "covering" and "label". Art. 306 Words or marks on watch cases. Art. 307 Use of false weights or measures. Art. 308 Obtaining money or property by false pretences. Art. 309 Other cases of fraudulent gain. Art. 310 Scale of punishment according to the amount of the damage. Art. 310A Corporate liability for offences under this Sub-title. Art. 310B Jurisdiction. Art. 310BA Possession, making or supplying etc., of articles for use in fraud. Art. 310C Disability in case of offences against minors. Art. 310D Scope. Art. 310E Interpretation. Art. 310F Fraudulent use of non-cash payment instruments and information systems. Art. 310G Offences and penalties. Art. 310H Aiding and abetting. Art. 310I Responsibility of legal persons. Art. 310J Art. 310K Power to make regulations under this Sub- title. Art. 311 Causing explosion likely to endanger life or property. Art. 312 Where death or grievous bodily harm is caused by the explosion. Art. 313 Unlawful making or possession of explosives. Art. 314 Definition of "explosive substance". Art. 314A Discharge, etc., of lethal device. Art. 314B Possession, use, etc., of nuclear material. Art. 314C Possession of lethal devices for unlawful object or for purpose of proliferation. Art. 314CA Use of radioactive material, lethal device or nuclear facility with intent to cause death etc. Art. 314CB Where death or grievous bodily harm etc. is caused by use of radioactive material or lethal device. Art. 314CC Unlawful possession of radioactive material or making or possession of a lethal device. Art. 314CD Jurisdiction. Art. 314D Co-operation in the suppression of relevant offences at sea. Art. 315 Setting on fire of arsenals, etc. Art. 316 Arson endangering life. Art. 317 Arson to the common danger. Art. 318 Arson without danger of life. Art. 319 Arson of vineyards, etc. Art. 320 Destruction by the springing of a mine. Art. 321 Exhibition of false lights, etc., with danger to navigation. Art. 322 Cutting away chains, etc. Art. 323 Aggravating circumstances. Art. 324 Setting on fire of one’s own property. Art. 325 Spoil, damage or injury in general. Art. 325A Increase of punishment in certain cases. Art. 326 Damage to water pipes, etc. Art. 327 Unlawful entry into subways used for public service. Art. 328 Involuntary fire or damage. Art. 328A Art. 328B Gruppi terroristiċi. Miżjud: VI.2005.2. Emendat: III.2015.25; XLII.2018.5. Art. 328C Offences linked to terrorist acts. Art. 328D Inciting, aiding or abetting. Art. 328E Proprjetà ġejja mit-terroriżmu. Miżjud: VI.2005.2. Emendat: III.2015.27. Art. 328F Funding of terrorism. Art. 328G Użu u pussess. Miżjud: VI.2005.2. Emendat: III.2015.29; XLII.2018.8; LII.2020.4. Art. 328H Funding arrangements. Art. 328I Facilitating retention or control of terrorist property. Art. 328J Corporate criminal liability. Art. 328K Other penalties. Art. 328L Konfiska. Miżjud: VI.2005.2. Emendat: III.2015.31. Art. 328M Jurisdiction. Art. 328MA Mitigation of punishment. Art. 328N Definition of piracy. Art. 328O Jurisdiction. Art. 329 Punishment in respect of offences against property accompanied with offences against the person. Art. 330 Unlawful entry into houses, etc. Art. 331 No criminal action for offences against the property of descendants, etc. Art. 332 Art. 333 Outsiders excepted. Art. 334 Receiving stolen property. Art. 334A Failure to inform about stolen, etc., property. Art. 335 Rule as to estimation of damage. Art. 336 Estimation of damage caused both to relative and outsider. Art. 337 Decrease of punishment. Art. 337A Smuggling of persons. Art. 337AA Corporate criminal liability. Art. 337B Interpretation. Art. 337C Unlawful access to, or use of, information. Art. 337D Misuse of hardware. Art. 337E Commission of an offence outside Malta. Art. 337F Offences and penalties. Art. 337G Search and seizure. Art. 337H Applicability of articles 121D, 208B(5), 248E(4) and Art. 337I Art. 338 Contraventions affecting public order. Art. 339 Contraventions against the person. Art. 340 Contraventions against property. who - Art. 341 Discretion of court in the application of the punishments for contraventions. Art. 342 Minimum punishment for blasphemous words. Art. 343 Disqualification on conviction under article 340 (a). Art. 344 Forfeiture of articles in certain contraventions. Art. 345 Particular laws and regulations. Art. 346 Duties of the Police. Art. 347 Art. 347A Powers of the Attorney General. Art. 348 Tendering of assistance when required by head of household. Art. 349 Powers according to law. Art. 350 Definitions. Art. 351 Power to stop and search. Art. 352 Warrant. Art. 353 Limitation as to search, etc. Art. 354 Report on search. Art. 355 Conditions for road checks. Art. 355A Exercise of road check. Art. 355B Authorisation. Art. 355C Evidence of other offences. Art. 355D Saving of other laws. Art. 355E Conditions for search of premises, etc. Art. 355F Subsidiary powers of Police in execution of warrants. Art. 355G Scope of search and of search warrant. Art. 355H Times for execution of warrant. Art. 355I Copy of warrant to person. Art. 355J Limitation. Art. 355K Cases admitting of no delay. Art. 355L Entry and search after arrest. Art. 355M Limitation. Art. 355N Report by officer. Art. 355O Connection of offences. Art. 355P General rules of seizure. Art. 355Q Computer data. Art. 355R Receipt for thing seized. Art. 355S Retention. Art. 355T Restitution to owner. Art. 355U Photographs. Art. 355V Arrest under warrant. Art. 355W Arrest by private persons. Art. 355X Arrest mill- Pulizija mingħajr mandat. Miżjud: III.2002.74. Emendat Art. 355XX Detention without warrant under Schengen Information System. Art. 355Y Arrest for minor offences. Art. 355Z General arrest conditions. Art. 356 Production of evidence before court. Art. 357 Preservation of articles connected with the offence. Art. 358 Duties of the Police in respect of criminal proceedings. Art. 359 Executive Police to execute warrants of arrest or search. Art. 360 Summoning of person accused when not arrested. Art. 360A Service of affidavits together with summons. Art. 360B Judgements in absentia. Art. 361 Term for service of summons. Art. 362 Mode of effecting service. Art. 363 Time and place for service of summons. Art. 364 Urgent cases. Art. 365 Subpoenaing of witnesses. Art. 366 Judgment, etc., to be carried out by Executive Police. Fines to be levied by registrar. Art. 366A Presumption of innocence. Art. 366B Burden of proof. Art. 366C Public references to guilt. Art. 366D Presentation of suspects and accused persons. Art. 366E Right to silence and not to incriminate oneself. Art. 366F Right to be present at the trial. Art. 367 Constitution of Court of Magistrates. Jurisdiction. Art. 368 When abstention or challenge of magistrate may take place. Art. 369 Duties of registrar. Art. 370 Offences cognizable by the Court of Magistrates as court of criminal judicature. Art. 371 How jurisdiction is determined. Art. 372 How jurisdiction between the Courts of Magistrates is determined. Art. 373 Proceedings on complaint of injured party. Art. 374 Trial. Art. 375 Proceedings by the Attorney General or the Executive Police ex officio. Art. 376 Noting down of pleas raised by accused, and of substance of evidence of witnesses. Art. 377 Judgment. Art. 378 Court may allow offender to retract his words or apologize. Art. 379 Presumptive evidence of gaming. Art. 380 Award of costs in proceedings instituted on complaint of injured party. Art. 381 How payment of costs may be enforced. Art. 382 Requisites of judgment. Art. 382A Restraining Orders. Art. 383 Power of court to bind over parties. Art. 384 Recognizance with surety. Art. 385 Detention in default of recognizance. Art. 386 Form of recognizance. Security may consist in deposit of sum of money or pledge. Art. 387 Default of observance of conditions of recognizance. Art. 388 Access to person under detention. Art. 389 The Court of Magistrates as court of criminal inquiry. Art. 390 Mode of procedure in preliminary inquiries. Art. 391 Examination of witnesses. Art. 392 Examination of accused. Art. 392A Admission of guilt by the accused during the examination. Art. 392B Admission of guilt. Art. 392C Payment of costs upon admission of guilt. Art. 393 Cross- examination by the accused. Art. 394 Noting down of points of fact submitted by accused. Art. 395 Depositions of witnesses and examination of accused to be signed by magistrate. Art. 396 Counter-signing of exhibits. Art. 397 Powers of magistrate during inquiry. Art. 398 How and where alterations, corrections, or additions may be made. Art. 399 Evidence by commission. Art. 400 Accused may be assisted by advocate or legal procurator. Art. 401 Term for conclusion of inquiry. Art. 402 Suspension of term for inquiry, Art. 402A Terms under article 402(1) to run anew. Art. 403 When court is of opinion that offence is triable by the Court of Magistrates as court of criminal judicature. Art. 404 Duty of Executive Police to continue investigation after discharge of accused for want of evidence. Art. 405 Re-examination of witnesses or examination of new witnesses upon demand of Attorney General. Art. 406 Art. 407 Art. 408 Access to accused during inquiry. Art. 409 When inquiry may be held with closed doors. Art. 409A Application by person in custody alleging unlawful detention. Art. 410 Right of complainant or his advocate or legal procurator to be present at the proceedings. Art. 411 Taxation of fees of advocate or legal procurator in proceedings instituted by the Police. Art. 412 Days on which the Court of Magistrates may hold sittings. Art. 412A Conditions on person charged or accused not in custody. Art. 412B Application by person in custody pending criminal proceedings alleging unlawful detention. Art. 412C Protection Orders. Art. 412D Treatment Orders. Art. 413 Appeals from judgments of the Court of Magistrates as court of criminal judicature. Art. 414 Demand of Police for transmission of record of proceedings to Attorney General. Art. 415 Appeal from interlocutory decrees. Art. 416 Stay of execution of judgment on appeal by party convicted when not in custody. Art. 417 Form of and time for entering appeal. Art. 418 Constitution of Court of Criminal Appeal for appeals from judgments of the Court of Magistrates. Art. 419 Contents of application for appeal. Art. 420 Free legal aid. Art. 421 Notice of day appointed for hearing of appeal. Art. 422 Non-appearance of appellant. Art. 423 Appearance of appellant when in custody. Art. 424 When new witnesses are admissible. Art. 425 Adjournment of cause on account of non- appearance of witnesses. Art. 426 Expenses for summoning witnesses on behalf of party having free legal aid. Art. 427 Order of hearing of cause. Art. 428 Powers of appellate court. Art. 429 Decision as to costs by appellate court. Art. 430 Duties of Attorney General. Art. 431 Commencement of functions of Attorney General. Art. 432 Term for filing indictment. Art. 433 Power of Attorney General to discharge person accused, Art. 434 Liability to further proceedings on fresh evidence. Art. 435 Power of Attorney General on collection of further evidence. Art. 435A Special powers of investigation. Art. 435AA Issuing of monitoring order of banking operations. Art. 435AB Temporary surrender of person in custody to foreign country. Art. 435B Powers of investigation in connection with offences cognizable by courts outside Malta. Art. 435BA Issuing of monitoring order of banking operations. Art. 435BB Temporary surrender of person in custody to Malta. Art. 435BC Temporary surrender to foreign country of person in custody in Malta at request of foreign authority. Art. 435C Freezing of property of person accused with offences cognizable by courts outside Malta. Art. 435D Art. 435E Controlled deliveries and joint investigations with the competent authorities of other countries. Art. 436 Constitution of Criminal Court. Art. 437 Access to accused. Art. 438 Service of indictment on accused. Art. 439 Order of hearing of causes. Art. 440 Accessibility of record of inquiry, etc. Art. 441 Summoning of witnesses. Art. 442 Allowances to witnesses on behalf of accused admitted to free legal aid. Art. 443 Trial. Place of the accused in Court. Art. 444 Place of witnesses during the trial. Art. 445 If accused appears without counsel. Art. 446 Challenge of judge. Plea to be raised and determined before the reading out of indictment. Art. 447 Surrogation in the person of a judge. Art. 448 Reading out of indictment to accused. Art. 449 Pleas to be raised and determined after the reading out of indictment. Art. 450 Question to accused on general issue. Art. 451 Rules respecting deaf-mutes, etc. Art. 452 Appointment of interpreter. Art. 453 Admission of guilt by accused. Art. 453A Sentence at the request of the parties. Art. 454 Recording of plea of "not guilty". Art. 455 Reading out of indictment to jury. Amended by: V.1868.30. Art. 456 Address by the prosecution. Art. 457 Production of evidence for the prosecution. Art. 458 Defence of accused. Art. 458A Applicability of article 458. Art. 459 Order of examination of witnesses. Art. 459A Where accused takes stand to testify. Art. 460 Further questions after cross- examination only to be made through court. Art. 461 Rules as to the admissibility of evidence. Art. 462 Brief notes of depositions to be taken by court. Art. 463 Noti bl- istenografija tal- proċedimenti fil- kawża. Miżjud: VI.1947.13. Emendat Art. 464 Reply and rejoinder. Art. 465 Summing-up by judge. Art. 466 Deliberation by the jury. Art. 467 Functions of the jury and rules connected therewith. Art. 468 Number of votes required for a legal verdict. Art. 469 Duties of foreman of jury. Art. 470 Explanations required by jury from court. Art. 471 Jurors not to absent themselves or communicate with unauthorized persons. Art. 472 Art. 473 Jury to inform court as soon as they are ready to return verdict. Art. 474 Reading out of verdict by the jury. Art. 475 Additional declaration by jury relative to facts amounting to an excuse. Art. 476 Verdict by jury in case of infanticide. Art. 477 Powers of court in case of incomplete or ambiguous verdict. Art. 478 Riders on supplementary questions. Art. 479 Verdict not to be recorded before it is complete. Art. 480 Questions to jury. Art. 481 Separate verdict in respect of each offence and of each accused. Art. 482 Number of votes to be stated in every verdict. Art. 483 Further deliberation in default of legal number of votes. Art. 484 Recommendatio n of accused to mercy of court. Art. 485 Trial to go on without interruption. Art. 486 Death or other impediment of juror. Art. 487 Acquittal and discharge of accused if declared not guilty. Art. 488 Insanity and want of discretion as grounds for acquittal to be stated in verdict. Art. 489 Previous conviction not to be disclosed to jury. Art. 490 Question by court to accused as to applicability of punishment. Art. 491 Judgment. Art. 492 Court may award a lesser punishment when jury are not unanimous. Art. 493 Court’s recommendation on passing sentence of imprisonment for life. Art. 494 Recommendatio n by judge for pardon or mitigation of punishment. Art. 495 Death or illness of judge, Attorney General or accused or his advocate. Art. 496 Functions of registrar in the Criminal Court. Second part of sec.30 of Ord. VI of 1980 incorporated. Art. 497 Interpretation. Art. 498 The Court of Criminal Appeal. Art. 499 Appeal at the instance of Attorney General or of accused. Art. 500 Appeals against conviction or sentence. Art. 500A Submissions by injured party to Court of Criminal Appeal on sentence. Art. 500B References by the Attorney General. Art. 501 Determination of appeals in ordinary cases. Art. 502 Powers of Court of Criminal Appeal in special cases. Art. 503 Appeal against verdict of not guilty on the ground of insanity. Art. 504 Form and time for entering appeal. Art. 505 Contents of application of appeal. Art. 506 Supplemental powers of the Court of Criminal Appeal. Art. 507 Duty to admit evidence. Art. 508 Power of Court of Criminal Appeal to order new trial. Art. 509 Stay of execution of judgment. Art. 510 Challenge or abstention of judge. Art. 511 Death or illness of judge, Attorney General, or accused or his advocate. Art. 512 Provisions as to proceedings before Court of Criminal Appeal. Art. 513 Recommendatio n by judge sitting in the Court of Criminal Appeal. Art. 514 Functions of registrar in the Court of Criminal Appeal. Art. 515 Prerogative of mercy. Art. 516 Language of the courts. Art. 517 Prohibition of publication of proceedings. Art. 518 Accessibility of acts and documents of courts of criminal justice. Art. 519 Duty of court to provide for adequate defence of accused. Art. 520 Applicability of certain provisions of Code of Organization and Civil Procedure to courts of criminal justice. Art. 521 Registry and registrar. First part of sec. 30 of Ord. VI of 1880, incorporated. Art. 522 Power of court in case of prevaricating witnesses. Art. 523 Where false evidence is suspected. Art. 524 Misbehaviour of person charged or accused. Art. 525 Applicability of certain provisions to other courts of criminal justice. Art. 526 Service of subpoena on witnesses. Art. 526A Procedural documents. Art. 527 Person cannot be tried more than once for the same fact. Art. 528 Art. 529 Language in which register is to be kept. Its value as evidence of proceedings. Art. 530 Places in hall for accused and witnesses. Art. 531 Sittings to be held in open court. Exceptions. Art. 531A Subsequent notice. Art. 532 Power of court to regulate conduct and despatch of business, etc. Art. 532A Orders for payment of damages upon sentence. Art. 532B Payment of costs. Art. 533 Power of court to sentence accused to the payment of costs incurred in the employment of experts. Art. 533A Art. 534 Recovery of costs from owner of vehicle although he is not the person convicted. Art. 534A Rights of suspect and accused. Art. 534AB Right to information and Letter of Rights. Art. 534AC Right to interpretation. Art. 534AD Right to translation of essential documents. Art. 534AE Costs and quality of interpretation and translation. Art. 534AF Rights of access to the materials of the case. Art. 534AG Records. Art. 534AGA Rules concerning certain rights of children. Art. 534AGB Scope. Art. 534AGC Interpretation. Art. 534AGD Right to information. Art. 534AGE Right of the child to have the holder of parental responsibility informed. Art. 534AGF Assistance by a lawyer. Art. 534AGG Right to individual assessment. Art. 534AGH Right to a medical examination. Art. 534AGI Audiovisual recording of interrogation. Art. 534AGJ Deprivation of liberty. Art. 534AGK Alternative measures. Art. 534AGL Specific treatment in the case of deprivation of liberty. Art. 534AGN Art. 534AGO Right of children to appear in person at, and participate in, their trial. Art. 534AGP European arrest warrant proceedings. Art. 534AGQ Taħriġ. Art. 535 Information. Report. Art. 536 Contents of information. Art. 537 Form of information. Art. 538 Complaint. Art. 539 Articles 536 and 537 to apply to complaints. Art. 540 Duty of Police on receipt of report, information or complaint. Art. 540A Temporary protection orders. Art. 541 Procedure in cases where Executive Police refuses to take proceedings on report, information or complaint. Art. 542 Persons by whom complaint may be made. Art. 543 Cases in which Police may proceed ex officio. Art. 544 Cases in which complaint of private party is requisite. Art. 545 Waiver of complaint. Art. 546 Investigation relating to the "in genere". Art. 547 Inquest to be held by magistrate, Art. 548 Procès-verbal of inquest. Art. 549 Signatures to procès-verbal. Art. 549A Guarantees for the suspect and the victim. Art. 550 Probatory force of procès- verbal. Art. 550A Magistrate to inform Attorney General of delay. Art. 551 Inquest on body in cases of sudden death, etc. Art. 552 Autopsy. Art. 553 Exhumation of body. Art. 554 Powers of magistrate holding inquest. Art. 555 Procedure to be followed in cases where material object no longer exists, etc. Art. 556 Formalities to be observed at inquiry into forgery of writings. Art. 557 Procedure to be followed in connection with the production of the document averred to be false. Art. 558 "Repertus". Art. 559 Procedure in investigations relating to the "in genere" or in the drawing up of a "repertus''. Art. 560 Employment of experts. Art. 561 Opinion of experts. Art. 562 Time allowed to experts to prepare opinion. Art. 563 Ascertainment of circumstances relating to permanent fact. Art. 564 Opinion of experts to be confirmed on oath. Art. 565 Rules regarding the "repertus". Art. 566 Powers of magistrate during the collection of evidence relating to the "in genere" or "repertus". Art. 567 Court may order closed doors to be forced open. Art. 568 Discretion of investigating officer in certain cases. Art. 569 Transmission of record of investigation to Attorney General. Art. 570 Duties of Advocate for Legal Aid. Art. 571 Incompatibility of defence of more than one accused. Art. 572 Communication of appointment to advocate concerned. Art. 572A Advocate assigned to be replaced. Art. 572B Vulnerable suspects, vulnerable accused persons and vulnerable persons. Art. 573 Where advocate declines appointment. Art. 574 Bail. Art. 574A Proceedings where a person is first brought before the Court of Magistrates. Art. 575 Crimes in respect of which bail is not granted. Art. 575A Bail in respect of scheduled offences. Art. 576 Amount of security. Art. 577 Different modes of security. Art. 578 Effect of security. Art. 579 Consequences of default of appearance of person admitted to bail, etc. Art. 580 Court by which bail is granted. Art. 581 Party bailed arrested for default, not to be re-admitted to bail. Art. 582 Bail not to be granted by the court ex officio. Art. 583 Right of surety to be released from his recognizance in certain cases. Art. 584 Mode of regulating the amount of bail. Art. 585 Recovery of bail. Amended by: VIII.1857.18. Art. 586 Detention for non-payment of sum of recognizance. Art. 587 Substitution of surety in certain cases. Art. 588 Form of indictment. Art. 589 Contents of indictment. Art. 590 Filing of indictment. Art. 591 Joinder of charges in the same indictment. Art. 592 When offences are said to be connected. Art. 593 One indictment against the same person for more offences although not connected. Art. 594 Other cases where court may order separate trial. Art. 595 Court may order joinder of indictments. Art. 596 Attorney General may include excuse in the indictment. Art. 597 Amendment of indictment by court ex officio or upon plea of accused, Art. 598 Correction of error in name of accused. Art. 599 Correction of errors in indictment resulting from evidence produced at trial. Art. 600 Withdrawal of indictment, Art. 601 Accused may not be found guilty of offence not charged in the indictment. Art. 602 Default of filing indictment within prescribed time. Art. 603 Qualifications to serve as juror. Art. 604 Exemptions. Art. 605 Compilation of lists of jurors. Art. 606 Monthly drawing of ballots. Art. 607 Application for exemption from serving as juror. Art. 608 Summoning of jurors. Art. 609 Non-appearance of jurors. Art. 610 Constitution of jury. Art. 611 Formation of jury. Art. 612 Form of oath of jurors. Art. 613 Where panel of foremen of jurors or panel of common jurors is exhausted. Art. 614 Objection to juror for want of qualifications. Art. 615 Benefit of exemption may not be claimed if not alleged before approval of juror. Art. 616 Maintenance of jury. Art. 617 Exemption of juror from arrest for debt. Art. 618 Drawing of special jurors. Art. 619 Applicability to special jury of provisions relating to jury. Art. 620 Allegation of insanity or other points of fact. Art. 621 Contestation by Attorney General to be made in writing. Art. 622 Power of court to refer determination of allegation to the trial jury. Art. 623 Place of custody of insane person. Art. 624 Powers of court with regard to conditions of pardon. Art. 625 Non- contestation of allegation by Attorney General. Art. 626 Resumption of trial on cessation of impediment. Art. 627 Jury to be impanelled according to general rules. Art. 628 Art. 628A Regulations. Art. 628B Conditions and procedures for the execution of request for assistance. Art. 628C Scope and applicability. Art. 628D Exercise of prosecutorial functions by European Delegated Prosecutors. Art. 628E Investigation measures of the European Delegated Prosecutors. Art. 628F Pre-trial arrest or detention of suspect. Art. 628G Powers of the European Prosecutor. Art. 628H Competent national authority. Art. 628I Magistrate to inform European Delegated Prosecutors of relevant inquests. Art. 628J Disagreement upon which authority is to investigate. Art. 629 Competency of witnesses. Art. 630 No particular age required for competency of witness. Art. 631 Swearing in of witness. Art. 632 Form of oath. Art. 633 Interest of witness. Art. 634 Party accused may give evidence. Art. 635 When husband or wife of accused may give evidence. Art. 636 No objection to competency of witness on ground of previous conviction, etc. Art. 637 Objections affecting the credibility of witness. Art. 638 Production of fullest evidence available. Art. 639 When a single witness is not sufficient. Art. 640 Examination of deaf and dumb, deaf or dumb witness. Art. 641 Person present in court not to be produced as witness. Art. 642 Professional secret. Art. 643 Incriminating questions. Art. 644 Degrading questions. Art. 645 Applicability of certain provisions of Code of Organization and Civil Procedure. Art. 646 Examination of witnesses to take place in court and viva voce. Art. 647 Examination of infirm or aged witness in his place of abode. Art. 647A Audio-recording or video- recording of evidence. Art. 647B Sending of documents or any act to person in a foreign country. Art. 647C Cross-border cooperation, particularly in combating terrorism and cross-border crime. Art. 648 Identification of person or object. Art. 649 Art. 650 Reference to experts. Art. 651 Challenge of experts. Art. 652 Summoning and oath of experts. Art. 653 Report. Art. 654 Official expert may advise the court during the sitting. Art. 655 Further elucidations by experts. Art. 656 Those who are to judge not bound by conclusions of experts. Art. 657 Applicability of certain provisions to experts. Art. 658 Confession by accused. Art. 659 Production of written confession. Art. 660 Confession to be produced in full. Art. 661 Confession not to prejudice third parties. Art. 662 Definition of "decision". Art. 663 Delivery of decision in open court. Art. 664 Delivery of decision with closed doors. Art. 665 Execution of decisions. Art. 666 Decisions of Criminal Court to be enforced by marshal. Art. 667 Property to be held by registrar. Art. 668 Record of property. Art. 669 Preservation of property. Art. 670 Procès verbal to be drawn up when property is released. Art. 671 Prohibited property. Art. 672 Property exhibited in certain proceedings. Art. 673 Disposal of property connected with criminal proceedings. Art. 674 Release of property in the course of proceedings. Art. 675 Disposal of property on conclusion of proceedings. Art. 676 Forfeited property. Art. 677 When property is to be returned by order of the court in its final judgment. Art. 678 When owner is unknown. When property is to be returned by order of the court in its final judgment. Art. 679 Art. 680 Restoration of property to accused on termination of trial. Art. 681 Restoration of property to owner when accused is absent or offender unknown. Art. 682 Procedure on restoration of property to owner. Art. 683 Sale by auction of property connected with criminal proceedings. Art. 683A Sale by auction of property unclaimed by owner. Art. 684 Sale, publication and restoration to be effected upon order of court. Art. 685 When proceeds of sale are adjudged in favour of Government. Art. 685A Definition of property. Art. 686 Art. 687 Sentences not barred by prescription. Art. 688 Prescription barring criminal actions. Art. 689 Art. 690 Reckoning of time according to calendar. Art. 691 Commencement of prescription. Art. 692 Prescription not to run when offender is unknown. Art. 693 Interruption of prescription. Art. 694 Application of prescription ex officio. Art. 695 Power of Minister responsible for justice to fix fees. Added by: XXX.1934.27. Art. 696 Interpretation. Art. 697 Regulations. Art. 698 Compensation of victims of crime. Art. 699 Power to make regulations. Art. 699A Transfer and receipt of record by electronic means not to give rise to a procedural defect. Art. 700 Asset Recovery Bureau. Art. 701 Filing of judicial documents by electronic means. Art. 702 Power of the Minister to make regulations.

Statutory Text (999 Articles)

Laws of Malta — Chapter 9 — CRIMINAL CODE

Preamble — CRIMINAL CODE Open official source

CRIMINAL CODE

CHAPTER 9

CRIMINAL CODE

To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.

10th June, 1854

ORDER-IN-COUNCIL of the 30th of January, 1854, as amended by Ordinances: IV of

1856, VIII and IX of 1857, X of 1858, IX of 1859, V of 1868, VI of 1871, IV of 1874, III of

1877, I of 1879, III and VII of 1880, IV of 1882, III of 1885, II of 1886, IV and XVI of 1888,

XIV of 1889, II of 1892, VIII of 1893, IV of 1894, III and X of 1896, IV of 1897; the Malta (Use

of English Language in legal proceedings) Order-in-Council, 1899; Ordinances: III, VI, XI

and XIII of 1899, XI, XII and XVI of 1900, VI and XVI of 1901, I of 1903, I and XII of 1904, XI

of 1905, VIII of 1909, IV of 1910, IX of 1911, XII of 1913, II, VI and XII of 1914, IV of 1916,

XIII and XIV of 1918; the Malta Constitution Letters Patent, 1921; Ordinance XVI of 1921;

Acts: XII of 1922, I of 1924, XXVI of 1927, XVI of 1929; Ordinances: VI and VIII of 1930, XIII

and XXVI of 1931, XVI of 1932, VI of 1933; Acts: XXVIII, XXXV and XLI of 1933;

Ordinances: XXII, XXX and XXXVII of 1934, IX and XIII of 1935, XIV and XX of 1936, III and

XV of 1937, I, XXIV, XXVII and XXXV of 1938, I and VI of 1939, XXIX of 1940; Government

Notices Nos. 124 and 248 of 1941. Incorporating also Article 3 of Ordinance II of 1867,

Ordinance IV of 1872, Article 30 of Ordinance VI of 1880 and Ordinance XXXVII of 1934.

This Code was subsequently amended by Ordinances: VIII, XII and XXI of 1944, XXIV of

1946, VI of 1947; Acts: X of 1949, IX of 1950, IV of 1951, V of 1956, XII of 1957; Emergency

Ordinance XX of 1959; Ordinances: XV of 1959, X of 1960, XXV of 1962; Legal Notice 4 of

1963; Acts: XVI and XXIII of 1963, XIII of 1964, XIX and XXXII of 1965; Legal Notice 46 of

1965; Acts: XXXI and XLIII of 1966, II, XXV and XXXI of 1967, XXVII of 1970, III and XXI of

1971, XXXIII of 1972, II, III, XI, XV, XXXVIII and XLVI of 1973, IV, VIII, XXXV and LVIII of

1974, XXIV, XXVII and XXXVII of 1975, III, XIV, XVIII, XIX and XXII of 1976, XI of 1977,

XIII and XVIII of 1980, XLIX and LIII of 1981, IX of 1982, XIII and XIV of 1983, I of 1984,

XXXII of 1986, XIII of 1987, XXII of 1988, XXIX of 1989, VIII and XXIX of 1990, XII of 1991,

XIX of 1992, XXI of 1993, IV and XXIV of 1994, XXIV of 1995, XVI and XVII of 1996, XXXII

of 1997, II and X of 1998, VII of 1999, X of 2000, III and VI of 2001, III, XIII, XXIV and XXXI

of 2002, IX of 2003, III of 2004, I, V, VI, XIII, XX and XXII of 2005, XVI of 2006; Legal Notice

274 of 2007; Acts VI, XXIV and XXXI of 2007; Legal Notice 407 of 2007; Acts VIII of 2008, XI

of 2009, VII and XXII of 2010, XXI of 2011 and VIII of 2012; Legal Notice 426 of 2012; Acts

IV and XVIII of 2013; Legal Notice 246 of 2013; Acts I, II, III, IV, V, IX, XXIV, XXXI and

XXXIV of 2014; Legal Notice 37 of 2015; and Acts II, III, VIII and XXXVII of 2015, XXVIII,

XLIX and LI of 2016, VIII of 2017, XIV of 2017, XV of 2017, XXIII of 2017 and I of 2018, XI of

2018, XIII of 2018, XVI of 2018, XXXII of 2018, XLII of 2018 and XXIV,XVII, XXXI and XXVIII

of 2019, III,XVIII XXVII, XXIX, XLI and LII of 2020 and II, III, IX, X, XXVIII, XXIX, XLIII, L,

LIII of 2021, LXIV, LXV of 2021, III of 2022, V, VII , X and XII of 2022 and IV , XIV, XIX,

XXII, XXIX , XXXV and XXXVI of 2023 and III, IV , V , VI , VII , X , XI and XXXIII of 2024 and

IV, V, VII , VIII , XXVII , XXX, XXII, XXVII of 2025 and II of 2026.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 1 Title. — CRIMINAL CODE Open official source

The title of this Code is Criminal Code.

PRELIMINARY PROVISIONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Schedule D — CRIMINAL CODE Open official source

(Article 575A)

(a) any crime punishable with

a

maximum

term

of

imprisonment of nine years or more;

(b) the crimes envisaged in articles 198 to 207, 216(1)(a), (b),

(c) and (e), 217, 262(1)(a) and (b), and 263 of this Code (other than

unlawful use or consumption of a service);

(c) any theft committed against any person under the age of

twelve years or over the age of sixty years other than the theft of

vehicles.

*This Tariff substituted Schedules A, B and C as from 1 January, 2015 - see Legal

Notice 37 of 2015.

CRIMINAL CODE

Schedule E

[Article 534AB]

PART I

Letter of Rights

You have the following rights when you are arrested or detained

A. ASSISTANCE OF A LAWYER/ENTITLEMENT TO

LEGAL AID

You have the right to access a lawyer whilst in detention. Such

right begins from the moment of your detention and before you are

questioned.

You have the right to be provided with a list of advocates and a

list of legal procurators from which you can choose one to assist

you or to elect to be assisted by the Advocate for Legal Aid. In the

latter case, legal assistance is free of charge. The police may not

indicate to you the name of the lawyer you may engage during your

arrest or detention.

Not less than one hour before the commencement of questioning,

you and your lawyer have the right to be informed of the alleged

offence about which you will be questioned. Such information shall

be provided to you prior to the commencement of questioning,

which time shall not be less than one hour before questioning

starts.

Upon detention, you have the right to meet in private and

communicate with the lawyer representing you, including prior to

questioning by the police.

You have the right for your lawyer to be present and participate

effectively when questioned.

All questioning, all answers given thereto and all the proceedings

related to the questioning of the suspect or accused person are,

where possible in the opinion of the interviewer to be recorded by

audiovisual means; you have the right to be given a copy of the

recording following the conclusion of the questioning.

You have the right for your lawyer to attend the following

investigative or evidence-gathering acts

(i)

identity parades;

(ii)

confrontations;

(iii) reconstructions of the scene of an offence.

The confidentiality of your communication with your lawyer in

the exercise of your right to access a lawyer shall be respected.

Upon arrest you are to be informed of your right to have at least

one person, such as a relative, an employer or any other person of

your choice informed of your deprivation of liberty.

If you are a child, that is, a person below the age of eighteen

years, a person entitled to exercise parental authority, tutorship,

curatorship or guardianship over you is informed of your arrest or

detention and the reasons for such arrest or detention.

B.

INFORMATION ABOUT THE ACCUSATION

If you are arrested, the police shall have the duty to inform you

that you are in fact under arrest, even if the arrest appears evident.

You have the right to be informed, at the time of your arrest or

your detention, in a language you understand, the reasons for your

arrest or detention.

If you have been arrested by a warrant issued by a Magistrate,

you shall have the right to a copy of that warrant which shall be

signed by the Magistrate who issued the said warrant.

C.

INTERPRETATION AND TRANSLATION

If you do not speak or understand the language spoken by the

police or other competent authorities, you have the right to an

interpreter, free of charge. The interpreter may help you to talk to

your lawyer and must keep the content of that communication

confidential. You have the right to translation of at least the

relevant passages of the essential documents, including any order

by a Judge or Magistrate allowing your arrest or keeping you in

custody, any charge or indictment and any judgment. You may in

some circumstances be provided with an oral translation or

summary.

D.

RIGHT TO REMAIN SILENT

While questioned by the police or by other competent authorities,

you have the right to remain silent. Your lawyer can help you in

your decision.

E.

ACCESS TO DOCUMENTS

When you are arrested and detained, you, or your lawyer, have

the right to access essential documents you need to challenge the

arrest or detention.

If your case goes to court, you or your lawyer have the right to

access the material evidence for or against you.

F.

INFORMING SOMEONE ELSE ABOUT YOUR ARREST

EMBASSY

When you are arrested or detained you may, if you want to, ask

the police to inform a relative or a friend of yours of your

detention.

In certain cases according to law, the right to inform another

person of your detention may be temporarily restricted.

In such cases the police will inform you of this.

If you are a foreigner, inform the police if you want your

consular authority or embassy to be informed of your detention.

You may choose to also inform the police if you want to contact

an official of your consular authority or embassy.

G.

URGENT MEDICAL ASSISTANCE

When you are arrested or detained, you shall have the right, on

your request, to a doctor of your choice, as long as such doctor may

CRIMINAL CODE

be easily contacted.

Please inform the police if you are in need of urgent medical

assistance.

H.

PERIOD OF DEPRIVATION OF LIBERTY

After your arrest you may be deprived of liberty or detained for a

maximum period of 48 hours.

Ask your lawyer or the judge for information about the

possibility to challenge your arrest, to review the detention or to

ask for provisional release.

PART II

Letter of Rights for persons arrested on the basis

of a European Arrest Warrant

You have been arrested on the basis of an European Arrest

Warrant. You have the following rights

A. INFORMATION ABOUT THE EUROPEAN ARREST

WARRANT

You have the right to be informed about the content of the

European Arrest Warrant on the basis of which you have been

arrested.

B.

ASSISTANCE OF A LAWYER

You have the right to access a lawyer whilst in detention. Such

right begins from the moment of your detention and before you are

questioned.

You have the right to be provided with a list of advocates and a

list of legal procurators from which you can choose one to assist

you or to elect to be assisted by the Advocate for Legal Aid. In the

latter case, legal assistance is free of charge. The police may not

indicate to you the name of the lawyer you may engage during your

arrest or detention.

Not less than one hour before the commencement of questioning,

you and your lawyer have the right to be informed of the alleged

offence about which you will be questioned. Such information shall

be provided to you prior to the commencement of questioning,

which time shall not be less than one hour before questioning

starts.

Upon detention, you have the right to meet in private and

communicate with the lawyer representing you, including prior to

questioning by the police.

You have the right for your lawyer to be present and participate

effectively when questioned.

All questioning, all answers given thereto and all the proceedings

related to the questioning of the suspect or accused person are,

where possible in the opinion of the interviewer to be recorded by

audiovisual means; you have the right to be given a copy of the

recording following the conclusion of the questioning.

You have the right for your lawyer to attend the following

investigative or evidence-gathering acts

(i)

identity parades;

(ii)

confrontations;

(iii) reconstructions of the scene of a crime.

The confidentiality of your communication with your lawyer in

the exercise of your right to access a lawyer shall be respected.

Upon arrest you are to be informed of your right to have at least

one person, such as a relative, an employer or any other person of

your choice informed of your deprivation of liberty.

If you are a child, that is, a person below the age of eighteen

years, a person exercising parental authority, tutorship, curatorship

or guardianship over you is informed of your arrest or detention

and the reasons for such arrest or detention.

C.

INTERPRETATION AND TRANSLATION

If you do not speak or understand the language spoken by the

police or other competent authorities, you have the right to be

assisted by an interpreter, free of charge. The interpreter may help

you to talk to your lawyer and must keep the content of that

communication confidential. You have the right to a translation of

the European Arrest Warrant in a language you understand. You

may in some circumstances be provided with an oral translation or

summary.

D.

POSSIBILITY TO CONSENT

You may consent or not consent to being surrendered to the State

seeking you. Your consent would speed up the proceedings. This

decision is irrevocable. Ask the authorities or your lawyer for more

information.

E.

HEARING

If you do not consent to your surrender, you have the right to be

heard by a judicial authority.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 2 Classification of offences. — CRIMINAL CODE Open official source

Offences are divided into crimes and contraventions.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 3 Actions arising from an offence. — CRIMINAL CODE Open official source

(1)

Every offence gives rise to a criminal action and a civil

action.

(2) The criminal action is prosecuted before the courts of

criminal jurisdiction, and the punishment of the offender is thereby

demanded.

(3) The civil action is prosecuted before the courts of civil

jurisdiction, and compensation for the damage caused by the

offence is thereby demanded.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 4 Nature of criminal action. — CRIMINAL CODE Open official source

(1) The criminal action is essentially a public action and is

vested in the State and is prosecuted in the name of the Republic of

Malta, through the Executive Police or the Attorney General, as the

case may be, according to law.

(2) A criminal action is prosecuted ex officio in all cases where

the complaint of the private party is not requisite to set the action in

motion or where the law does not expressly leave the prosecution

of the action to a private party.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 5 Persons subject to prosecution. — CRIMINAL CODE Open official source

(1) Saving any other special provision of this Code or of

any other law conferring jurisdiction upon the courts in Malta to try

offences, a criminal action may be prosecuted in Malta -

(a) against any person who commits an offence in Malta,

or on the sea in any place within the territorial

jurisdiction of Malta;

(b) against any person who commits an offence on the sea

beyond such limits on board any ship or vessel

belonging to Malta;

(c) against any person who commits an offence on board

any aircraft while it is within the air space of Malta or

on board any aircraft belonging to Malta wherever it

may be;

For the purposes of this paragraph the expression "air

space" means the air space above the land areas and

territorial waters of Malta;

(d) without prejudice to the preceding paragraphs of this

sub-article, against any citizen of Malta or permanent

resident in Malta who in any place or on board any

ship or vessel or on board any aircraft wherever it may

be shall have become guilty of the offences mentioned

in article 54A or of an offence against the safety of the

Government or of the offences mentioned in articles

133, 139A, or of the offences mentioned in articles

188B, 188C, 188D, or of the offences mentioned in

CRIMINAL CODE

articles 311 to 318 and in article 320 when these are

committed or are directed against or on a state or

government facility, an infrastructure facility, a public

place or a place accessible to the public, a public

transportation system, or of forgery of any of the

Government debentures referred to in article 166 or of

any of the documents referred to in article 167, or of

the offence mentioned in article 196, or of any other

offence against the person of a citizen of Malta or of

any permanent resident in Malta;

For the purposes of this paragraph

"permanent resident" means a person in favour of

whom a permit of residence has been issued in

accordance with the provisions contained in article 7

of the of the Immigration Act;

"offence against the person" includes the offences

mentioned in articles 86 to 90 and in articles 198 to

205;

the expressions "state or government facility",

"infrastructure facility" and "public transportation

system" shall have the same meaning assigned to them

respectively by article 314A(4);

(e) against any person who being in Malta -

(i)

shall have become guilty of any offence under

article 87(2) or articles 198, 199, 211, 214 to 218,

220, 249 to 251, 311, 312, 314A, 314B, 314C,

316 or 317 when committed or directed on or

against the person of a protected person or to the

prejudice or injury of such person or likely to

endanger the life or to cause serious injury to the

property, life or health of such a person, or in

connection with an attack on any relevant

premises or on any vehicle ordinarily used by a

protected person or when a protected person is

on or in the premises or vehicle; or

(ii) shall have committed any act which if

committed in Malta would constitute an offence

and such act involved the use of a bomb,

grenade, rocket, automatic firearm, letter bomb

or parcel bomb which endangered persons; or

(iii) shall have committed any of the offences under

articles 188B to 188D,

although the offences referred to in this paragraph

shall have been committed outside Malta

Provided that for the purposes of sub-paragraph (i) of

this paragraph it shall be immaterial whether the offender

knew that the person was a protected person;

(f)

against any person who -

(i)

commits any offence in premises or in a building

outside Malta having diplomatic immunity due

to the fact that it is being used as an embassy, a

residence or for such other purpose connected

with the diplomatic service of Malta; or

(ii) commits an offence in a place outside Malta

when such person enjoys diplomatic immunity

by virtue of such service;

(g) against any person who being in Malta, shall be a

principal or an accomplice in any of the crimes

referred to in article 87(2), or in articles 139A, 198,

199, 211, 214 to 218, 220, 249 to 251, 298, or in

articles 311 to 318 or in article 320 when these are

committed in the circumstances mentioned in

paragraph (d) or (e) of this sub-article, or in a crime

which is committed by any act as is mentioned in

paragraph (e)(ii) of this sub-article, or conspires with

one or more persons for the purpose of committing any

of the said crimes, although the crimes shall have been

committed outside Malta;

(h) against any person in respect of whom an authority to

proceed, or an order for his return, following a request

by a country for his extradition from Malta, is not

issued or made by the Minister responsible for justice

on the ground that the said person is a Maltese citizen

or that the offence for which his return was requested

is subject to the death penalty in the country which

made the request, even if there is no provision

according to the laws of Malta other than the present

provision in virtue of which the criminal action may be

prosecuted in Malta against that person;

(i)

against any person who commits an offence which, by

express provision of law, constitutes an offence even

when committed outside Malta

Provided that no criminal action shall be prosecuted against

the President of Malta in respect of acts done in the exercise of the

functions of his office.

(2) For the purposes of sub-article (1)(b) and (c), a ship or

vessel or an aircraft shall be deemed to belong to Malta if it is

registered in Malta or, if it is not registered anywhere, is owned

wholly by persons habitually resident in Malta or by bodies

corporate established under and subject to the laws of Malta and

having their principal place of business in Malta.

(3)

For the purposes of sub-article (1)(e)

"a protected person" means, in relation to an alleged offence,

any of the following

(a) a person who at the time of the alleged offence is a Head

of State, a member of a body which performs the

functions of Head of State under the constitution of the

State, a Head of Government or a Minister for Foreign

Affairs and is outside the territory of the State in

which he holds office;

CRIMINAL CODE

(b) a person who at the time of the alleged offence is a

representative or an official of a State or an official or

agent of an international organisation of an inter-

governmental character, is entitled under international

law to special protection from attack on his person,

freedom or dignity and does not fall within the

preceding paragraph;

(c) a person who at the time of the alleged offence is a

member of the family of another person mentioned in

either of the preceding paragraphs and -

(i)

if the other person is mentioned in paragraph (a)

above, is accompanying him,

(ii) if the other person is mentioned in paragraph (b)

above, is a member of his household;

"relevant premises" means premises at which a protected person

resides or is staying or which a protected person uses for the

purpose of carrying out his functions as such a person; and

"vehicle" includes any means of conveyance;

and if in any proceedings a question arises as to whether a person is

or was a protected person, a certificate issued by or under the

authority of the Minister responsible for foreign affairs and stating

any fact relating to the question shall be conclusive evidence of that

fact.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 5A Extension of applicability to exclusive economic zone area or environment protection area. — CRIMINAL CODE Open official source

The provisions of this Code and of any subsidiary legislation

made thereunder shall also apply, in accordance with the provisions of

the 1982 United Nations Convention on the Law of the Sea as ratified

by the Law of the Sea (Ratification) Act, to an exclusive economic

zone area or an environment protection area as defined in the

Exclusive Economic Zone Act. Any artificial island, installation,

structure, equipment or device therein shall, solely for the purposes of

this Code and any subsidiary legislation made thereunder, be treated as

if they were situated in Malta itself.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 6 Criminal and civil actions are independent of each other. — CRIMINAL CODE Open official source

The criminal action and the civil action are prosecuted

independently of one another.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 6A Criminal actions to be resolved without unreasonable delay. — CRIMINAL CODE Open official source

Criminal actions shall be resolved without any unreasonable

delay having due regard to the need to protect the safety and well-

being of the injured party.

BOOK FIRST

PENAL LAWS

PART I

OF PUNISHMENTS AND GENERAL RULES FOR

THEIR APPLICATION, OF THE WILL AND AGE OF

THE OFFENDER, OF ATTEMPTED OFFENCE,

OF ACCOMPLICES AND OF RECIDIVISTS

Title I

OF PUNISHMENTS AND GENERAL RULES FOR THEIR

APPLICATION

Sub-title I

O F P UNISHMENTS TO WHICH O FFENCES ARE SUBJECT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 7 Punishments to which crimes and contraventions are subject. — CRIMINAL CODE Open official source

(1) Saving the exceptions laid down in the law, the

punishments that may be awarded for crimes are -

(a) imprisonment;

(b) solitary confinement;

(c) interdiction;

(d) fine (multa).

(2)

Subject to the provisions of article 53 or of any other

s p e c i a l l a w, t h e p u n i s h m e n t s t h a t m a y b e a w a r d e d f o r

contraventions are -

(a) detention;

(b) fine (ammenda);

(c) reprimand or admonition.

(3) The expression "punishments restrictive of personal

liberty" includes the punishments of imprisonment and detention.

(4) Any law, inflicting the punishment of death, imprisonment,

solitary confinement, fine (multa or ammenda), detention, or

reprimand, shall be deemed to inflict the corresponding punishment

CRIMINAL CODE

established by this Code for all the effects and consequences of this

punishment, in the same manner as if the provisions of such law

formed part of this Code, subject, however, to the limitations laid

down by such law.

(5) Any law inflicting, in general terms, the punishments

established for contraventions, shall be deemed to inflict all the

punishments which, under the provisions of articles 341 and 344

may, separately or cumulatively, be applied to the contraventions

referred to in this Code.

(6) Any law directing the ascent or descent from one

punishment to another shall be deemed to refer to the scale of

punishments and to the other provisions contained in article 31.

(7) Any other provision of this Code shall be applicable in the

case of any offence referred to in any special law, unless such

provision be inconsistent with the provisions of such law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 8 Imprisonment. — CRIMINAL CODE Open official source

(1) Persons sentenced to imprisonment shall be confined in

the prison or in that part of the prison appointed for persons

sentenced to that punishment, and they shall be subject to the

restrictions prescribed in the prison regulations lawfully made.

(2) The duration of the punishment of imprisonment is

established by law in each particular case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 9 Solitary confinement. — CRIMINAL CODE Open official source

(1) The punishment of solitary confinement is carried into

effect by keeping the person sentenced to imprisonment, during one

or more terms in the course of any such punishment, continuously

shut up in the appointed place within the prison, without permitting

any other person, not employed on duty nor specially authorized by

the Minister responsible for the prisons, to have access to him.

(2) No term of solitary confinement shall exceed ten

continuous days.

(3) More terms of solitary confinement may only be applied

with an interval of two months between one term and another.

(4) Nevertheless, solitary confinement may be applied during

those intervals in case of any infringement of the prison

regulations, or for any other offence committed during the said

intervals, provided that the terms be of short duration and that they

shall not together exceed fifteen days in any one interval.

(5) Where the law prescribes the punishment of solitary

confinement and does not specify the particular number of terms, it

shall not be lawful to inflict more than twelve terms of solitary

confinement.

(6) The punishment of solitary confinement is applied in the

cases prescribed by law.

(7) Before awarding the punishment of solitary confinement

the court shall satisfy itself, if necessary by medical evidence,

which may include a medical examination of the person convicted,

that the person convicted is fit to undergo the said punishment.

(8)

Where, in the course of the execution of the punishment of

solitary confinement, the medical officer of the prison certifies in

w r i t i n g t h a t t h e p r i s o n e r i s n o l o n g e r f i t t o u n d e rg o s u c h

punishment, the execution of that punishment shall be suspended

until such time as the prisoner is again certified to be medically fit

to undergo such punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 10 Interdiction. — CRIMINAL CODE Open official source

(1) Interdiction is either general or special.

(2) General interdiction disqualifies the person sentenced for

any public office or employment, generally.

(3) Special interdiction disqualifies the person sentenced from

holding some particular public office or employment, or from the

exercise of a particular profession, art, trade, or right, according to

the law in each particular case.

(4) Either kind of interdiction may be for life or for a stated

time.

(5) Temporary interdiction shall be for a time not exceeding

five years, except where the law especially prescribes a longer

time.

(6) Interdiction, whether for life or for a stated time, may, upon

the application of the person sentenced to such punishment and on

good grounds being shown to the satisfaction of the court by which

the sentence was awarded, be discontinued at any time by order of

the said court.

(7) The court shall order a sentence awarding general or special

interdiction or a decree ordering the discontinuance thereof to be

published in the Gazette, but, in respect of a decree ordering

discontinuance as aforesaid, at the expense of the person

concerned.

(8) If any person sentenced to interdiction, shall infringe any of

the obligations arising from that punishment, he shall, on

conviction, be liable to imprisonment for a term not exceeding

three months and to a fine (multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 11 Fine (multa). — CRIMINAL CODE Open official source

(1) Where it is not otherwise specifically provided, the

maximum of a fine (multa) is one thousand and one hundred and

sixty-four euro and sixty-nine cents (€1,164.69) and the minimum is

twenty-three euro and twenty-nine cents (€23.29).

(2) Where the maximum of a fine (multa) prescribed in this

Code or in any other law is less than twenty-three euro and twenty-

nine cents (€23.29), the maximum shall be twenty-three euro and

twenty-nine cents (€23.29) and the minimum shall be eleven euro and

sixty-five cents (€11.65).

(3) In default of payment of a fine (multa) within the period

prescribed in article 14, such fine (multa) shall be converted into

imprisonment at the rate of one day for every thirty-five euro (€35)

or part thereof

Provided that in no case (save as provided in article 17(g)

and in article 29(1)) shall imprisonment in substitution of a fine

CRIMINAL CODE

(multa) exceed six months if the fine is not higher than seven

thousand euro (€7,000), one year if the fine is not higher than thirty

thousand euro (€30,000), eighteen months if the fine is not higher

than eighty thousand euro (€80,000) and two years if it is higher

than eighty thousand euro (€80,000).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 12 Detention. — CRIMINAL CODE Open official source

(1) Persons sentenced to detention shall be detained in the

prison or in that part of the prison appointed for persons sentenced

to that punishment.

(2) Where it is not otherwise specifically provided, no term of

detention shall exceed two months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 13 Fine (ammenda). — CRIMINAL CODE Open official source

(1) Where it is not otherwise specifically provided, the

maximum of a fine (ammenda) is fifty-eight euro and twenty-three

cents (€58.23) and the minimum is six euro and ninety- nine cents

(€6.99).

2007. (2) In default of payment of a fine (ammenda) within the period

prescribed in article 14, the fine (ammenda) shall be converted into

detention at the rate of one day for every eleven euro and sixty-five

cents (€11.65) or fraction thereof

Provided that in no case (save as provided in article 29(1),

in article 17(g) and in article 53) shall detention in substitution for

a fine (ammenda) exceed one month.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 14 Time for payment of fine (multa or ammenda). — CRIMINAL CODE Open official source

(1) A person sentenced to a fine (ammenda or multa) shall

pay the same forthwith. Nevertheless the court may, for a reason to

be recorded, order that the person sentenced shall pay the fine to

the registrar within such period as the court in passing sentence

shall direct

Provided that, in the case of a fine (ammenda) of fifty-eight

euro and twenty-three cents (€58.23) or less, the said period shall not

be more than ten days, and, in the case of a fine (ammenda) of more

than fifty-eight euro and twenty-three cents (€58.23), or in the case of

2007. a fine (multa), the said period shall not be more than one month

Provided that in default of payment of the fine (multa or

ammenda) within the time laid down by the court in its sentence or,

failing a time-limit in the sentence, within the time of one week

from the date of the sentence, the said fine shall be converted

forthwith into imprisonment or detention as provided in articles 11

and 13 as the case may be, and the police shall, by virtue of the

authority conferred upon them by the sentence and by this proviso,

arrest the person sentenced and shall escort him to the place

designated according to law for the confinement of persons

sentenced to a fine convertible into imprisonment or detention

according to law

Provided further that the court may, notwithstanding the

provisions of articles 11 and 13, in passing sentence of a fine

(ammenda or multa) determine any other period of detention or

imprisonment which the offender shall undergo in default of

payment thereof forthwith or within the prescribed time, as the case

may be; but the period of detention or imprisonment so determined

shall in no case exceed the period laid down in articles 11 and 13,

respectively.

(2) The court may also in its discretion in passing sentence or

at any time thereafter direct that any fine (ammenda or multa) to

which any person is sentenced, may be paid by instalments in such

amounts and in relation to such recurrent intervals as the court may

deem fit, but so nevertheless that the period over which the whole

amount shall be paid shall in no case exceed three years, and that in

default of payment of any one such instalment the whole of the

amount outstanding shall become and be immediately due and

payable, and all the provisions of this Code applicable to a sentence

of fine (ammenda) or of fine (multa) and to arrest and detention or

imprisonment, as the case may be, in default of payment thereof,

shall apply to the same accordingly.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 15 Reprimand or admonition. Repealed by: II.1886.4. and re-enacted by: XVI.1888.4. — CRIMINAL CODE Open official source

(1) The reprimand or admonition shall be made in open

court by the judge or magistrate who tried the offence.

(2) Whosoever shall receive the reprimand or admonition with

overt acts of contempt or want of respect, shall be liable to

detention or to a fine (ammenda).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 15A Compensation for victims of crime. — CRIMINAL CODE Open official source

(1) In addition to any punishment to which the person

convicted of an offence may be sentenced, the Court may order the

offender to make restitution to the injured party of any property or

proceeds stolen or knowingly received or obtained by fraud or

other unlawful gain to the detriment of such party by or through the

offence, or to pay to such party such sum of money as may be

determined by the Court as compensation for any such loss as

aforesaid or for any damages or other injury or harm, including, only

in the case of crimes affecting the dignity of persons under Title VII of

Part II of Book First and of willful crimes against the person subject to a

punishment of imprisonment of at least three years under Title VIII of

Part II of Book First up to a maximum limit of ten thousand euro

(€10,000) or up to such maximum limit as the Minister responsible for

Justice may by regulations establish both with regard to the maximum

amount and about the method of computation depending on the case,

moral harm and or psychological harm, caused to such party by or

through the offence, and any such order may include both a

direction to make restitution and, or, to pay as aforesaid. The order

shall constitute an executive title for all intents and purposes of the

Code of Organization and Civil Procedure.

(2) When issuing an order under sub-article (1), the Court may

direct that such costs or damages are paid in instalments, in particular,

having regard to any other obligations which the offender has towards

CRIMINAL CODE

the victim or any of the victim’s dependants.

Sub-title II

G ENERAL P ROVISIONS R ESPECTING THE I NFLICTION AND

E XECUTION OF P UNISHMENTS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 16 Reckoning of punishment. — CRIMINAL CODE Open official source

Where the punishment is for a term of days, a day of

punishment shall be reckoned at twenty-four hours; where the

punishment is for a term of months, but not more than three

months, each month shall be reckoned at thirty days; where the

punishment is of longer duration, the months and years shall be

reckoned according to the calendar.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 17 Concurrent offences and punishments. — CRIMINAL CODE Open official source

In the case of concurrent offences and punishments, the

following provisions shall apply

(a) a person guilty of more than one crime liable to

punishments restrictive of personal liberty, one of

which is for life, shall be sentenced to this punishment

with the addition of solitary confinement;

(b) a person guilty of more than one crime liable to

temporary punishments restrictive of personal liberty,

shall be sentenced to the punishment for the graver

crime with an increase varying from one-third to one-

half of the aggregate duration of the other

punishments;

(c) a person guilty of more than one contravention shall be

sentenced to the punishment established for each

contravention

Provided that if the accused is sentenced to

detention, the aggregate duration of the punishment to

be awarded shall in no case exceed the period of three

months;

(d) a person guilty of one or more crimes and of one or

more contraventions, shall only be sentenced to the

punishment established for the crime or to the

punishment to which the offender may be liable for the

commission of more crimes according to the rules laid

down in the preceding paragraphs, if the punishment to

be inflicted for the crimes is not less than three

months’ imprisonment. Where the punishment to be

inflicted for the crimes is less than three months’

imprisonment, the punishment established for the

contravention or the punishment to which the offender

may be liable for the commission of more

contraventions according to the rules laid down in the

preceding paragraph, shall also be applied;

(e) where the law prescribes the punishment of temporary

interdiction, that which is of the longest duration shall

be applied with an increase varying from one-third to

one-half of the aggregate duration of the others

Provided that the term awarded shall in no case exceed

twenty years;

(f)

a person found guilty of more than one offence liable

to pecuniary punishments shall be sentenced to the

punishment of the higher or highest fine (multa or

ammenda), as the case may be, in addition to one-half

of each of the other fines (multa or ammenda);

(g) in the case of conversion of more than one pecuniary

punishment into a punishment restrictive of personal

liberty, the duration of this punishment shall not

exceed three years, in the case of a fine (multa), or six

months in the case of a fine (ammenda); and if both

fines (multa and ammenda) have been awarded, the

conversion shall be made into detention or

imprisonment as the court shall direct;

(h) when several offences, which taken together do not

constitute an aggravated crime, are designed for the

commission of another offence, whether aggravated or

simple, the punishment for the graver offence shall be

applied.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 18 Continuous offence. — CRIMINAL CODE Open official source

Where the several acts committed by the offender, even if

at different times, constitute violations of the same provision of the

law, and are committed in pursuance of the same design, such acts

shall be deemed to be a single offence, called a continuous offence,

but the punishment may be increased by one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 19 Rules respecting the award of punishments. — CRIMINAL CODE Open official source

Every punishment established for any offence shall be

deemed to be so established without prejudice to any higher

punishment prescribed for the offence in any other law, whenever

the circumstances mentioned in such other law concur in the

offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 20 Punishment not awardable in its minimum. — CRIMINAL CODE Open official source

When the law expressly provides that a punishment shall

not be awarded in its minimum, the punishment to be awarded shall

always include at least one-third of the difference between the

minimum and the maximum.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 21 Punishment below prescribed minimum. — CRIMINAL CODE Open official source

Saving the provisions of article 492, the court may, for

special and exceptional reasons to be expressly stated in detail in

the decision, apply in its discretion any lesser punishment which it

deems adequate, notwithstanding that a minimum punishment is

prescribed in the article contemplating the particular offence or

under the provisions of article 20, without prejudice to the provisions

of article 7

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

CRIMINAL CODE

may, upon conviction, decide not to impose any punishment on the

person convicted.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 22 Computation of sentences of imprisonment. — CRIMINAL CODE Open official source

Except in the case of a sentence of imprisonment for life or

of imprisonment or detention in default of payment of a fine (multa

or ammenda), any time prior to conviction and sentence during

which the person sentenced is in prison for the offence or offences

for which he has been so convicted and sentenced, not being time in

prison in execution of a sentence, shall count as part of the term of

imprisonment or detention under his sentence; but where he was

previously subject to a probation order, an order for conditional

discharge or to a suspended sentence in respect of such offence or

offences, any such period falling before that order was made or

suspended sentence passed shall be disregarded for the purposes of

this article

Provided that where any time prior to conviction as

aforesaid has, by virtue of this article, been counted as part of the

term of imprisonment or detention under the sentence in respect of

that conviction, such time shall not be counted as part of the term

of imprisonment or detention under any other sentence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 23 Forfeiture of corpus delicti. — CRIMINAL CODE Open official source

(1) The forfeiture of the corpus delicti, of the instruments

used or intended to be used in the commission of any crime, and of

anything obtained by such crime, is a consequence of the

punishment for the crime as established by law, even though such

forfeiture be not expressly stated in the law, unless some person

who has not participated in the crime, has a claim to such property.

(2) In case of contraventions, such forfeiture shall only take

place in cases in which it is expressly stated in the law.

(3) In the case of things the manufacture, use, carrying,

keeping or sale whereof constitutes an offence, the forfeiture

thereof may be ordered by the court even though there has not been

a conviction and although such things do not belong to the accused.

(4) Notwithstanding the provisions of sub-articles (1) to (3),

where the Attorney General communicates to a magistrate a request

by a foreign authority for the return of an article obtained by

criminal means for purposes of restitution to its rightful owner, the

court may after hearing the parties and if it deems it proper so to act

after taking into consideration all the circumstances of the case,

order that the forfeiture of any such article shall not take place and

that the article shall be returned to the requesting foreign authority.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 23A Freezing of property of person accused. — CRIMINAL CODE Open official source

(1)

The freezing of property of any person charged or

accused of a relevant offence shall be regulated by the provisions of the

Proceeds of Crime Act

Provided that the above shall not apply when a person is

charged or accused with an offence against the provisions of the

Medical and Kindred Professions Ordinance or of the Dangerous

Drugs Ordinance both if the charges are only for offences against the

said laws and if they are for offences under the said laws and offences

under other laws

Provided further that where, before the coming into force of

this proviso, a Freezing Order was issued in respect of an offence

against the Medical and Kindred Professions Ordinance or the

Dangerous Drugs Ordinance under the Medical and Kindred

Professions Ordinance or Dangerous Drugs Ordinance or under

article 23A of this Code as in force at the time of the issuing of the said

order, whether the charges were only for offences against the Medical

and Kindred Professions Ordinance or the Dangerous Drugs

Ordinance or for offences under those laws together with charges for

offences under other laws every Freezing Order so issued shall be

deemed to have been issued under the M e d i c a l a n d K i n d r e d

Professions Ordinance and the Dangerous Drugs Ordinance, and

shall, after the coming into force of this proviso, continue to be in force

and shall be regulated in accordance with the Medical and Kindred

Professions Ordinance and the Dangerous Drugs Ordinance.

(2)

In this article and in articles 23B, 23C and 23D the words

"property" and "relevant offence" have the same meaning as assigned to

them in the Proceeds of Crime Act and the word "proceeds" has the

same meaning as assigned to the words "Proceeds of crime" in the

Proceeds of Crime Act.

(3) Where this article and articles 23B, 23C and 23D provide for

the forfeiture of proceeds of crime in a manner which is not provided for

in the Proceeds of Crime Act the provisions of this article and of articles

23B, 23C and 23D shall be applied before the provisions of the Proceeds

of Crime Act. The provisions of the Proceeds of Crime Act shall apply

only subsidiarily in accordance with article 5(3) of the Proceeds of

Crime Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 23B Forfeiture of proceeds. — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of article 23 the

court shall, in addition to any punishment to which the person

convicted of a relevant offence may be sentenced and in addition to

any penalty to which a body corporate may become liable under the

provisions of article 121D, order the forfeiture in favour of the

Government of the proceeds of the offence or of such property the

value of which corresponds to the value of such proceeds whether

such proceeds have been received by the person found guilty or by

the body corporate referred to in the said article 121D.

(1A) Repealed by VI.2024.4.

(1B) Repealed by VI.2024.4.

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(2) Where the proceeds of the offence have been dissipated or

for any other reason whatsoever it is not possible to identify and

forfeit those proceeds or to order the forfeiture of such property the

value of which corresponds to the value of those proceeds the court

shall sentence the person convicted or the body corporate, or the

person convicted and the body corporate in solidum, as the case

may be, to the payment of a fine (multa) which is the equivalent of

the amount of the proceeds of the offence. The said fine may be

recovered as a civil debt and the sentence of the Court shall

constitute an executive title for all intents and purposes of the Code

of Organization and Civil Procedure.

(3) Repealed by VI.2024.4.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 23C Forfeiture of property derived from criminal activity. — CRIMINAL CODE Open official source

(1) Where it is established that the value of the property

of the person found guilty of a relevant offence is disproportionate

to his lawful income and the court can reasonably presume that it is

substantially more probable, that the property in question has been

obtained from the criminal activity of that person rather than from

other activities, that property shall be liable to forfeiture.

(2) (a) When a person has been found guilty of a relevant

offence and in consequence thereof any moneys or other movable

property or any immovable property is liable to forfeiture, the

provisions of article 22(3A)(b) and (7) of the Dangerous Drugs

Ordinance shall apply mutatis mutandis in the circumstances

mentioned in those paragraphs.

(b) the Court shall order the forfeiture in favour of the

Government of such moneys or other movable property and such

immovable property of the person found guilty of the relevant offence

which constitute the proceeds of the said offence even if the movable

or immovable property has since the offender was charged passed into

the hands of third parties and even if the said moneys, movable

property or immovable property are situated in any place outside

Malta.

(3) Where a person has been charged or accused of a relevant

offence which is liable to give rise, directly or indirectly, to an

economic benefit, and proceedings cannot continue due to the

illness or absconding of the said person, and the court based on

specific facts is fully convinced that such proceedings could have

led to the conviction of the person charged or accused had he

appeared in the proceedings or stood trial, it shall be lawful for the

court to order the confiscation of the instrumentalities and proceeds

of the said offence

For the purposes of this sub-article "illness" shall mean the

inability of the suspected or accused person to attend the criminal

proceedings for an extended period, as a result of which the

proceedings cannot continue under normal conditions.

(4) Saving the provisions of sub-article (2) the Court shall in

addition to any other punishment, in its sentence or at any time

thereafter, order the forfeiture of all proceeds or other property the

value of which corresponds to proceeds, which, directly or

indirectly, were transferred by a suspected or accused person to a

third party, or which were acquired by a third party from a

suspected or accused person, when the third party knew or ought to

have known that the purpose of the transfer or acquisition was to

avoid confiscation.

(5) Nothing shall preclude the detection and tracing of property

as provided for under this Code or any other law, to be frozen and

confiscated after a final conviction for an offence or following

proceedings in terms of sub-article (3), and to ensure the effective

execution of a confiscation order, when such an order has already

been issued.

(6) Repealed by Act VI.2024.5.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 23D The Director of the Asset Recovery Bureau to conduct enquiries. — CRIMINAL CODE Open official source

(1) Where the court makes any order as is mentioned in

articles 23A to 23C, both articles inclusive, it shall order the

Director of the Asset Recovery Bureau to conduct inquiries to trace

and ascertain the whereabouts of any moneys or other property, due

or pertaining to or under the control of the person charged or

accused or convicted, as the case may be

Provided that for the purposes of this sub-article "property"

and "proceeds" shall have the meaning assigned to them

respectively by article 23B(3).

(2) Whosoever is required by the Director of the Asset Recovery

Bureau to provide information for the purpose of sub-article (1)

shall comply with the demand within thirty days from the day of

receipt of the demand.

(3) The demand made by the Director of the Asset Recovery

Bureau, and any reply thereupon in terms of this article, may be

made by electronic mail.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 24 Liability of person having the charge of another, in case of contravention. — CRIMINAL CODE Open official source

In the case of any contravention committed by a person

who is under the authority, control or charge of another person, not

only the person committing the contravention but also such other

person shall be liable to punishment, if the contravention is against

some provision the observance of which such other person was

bound to enforce, and if the contravention could have been

prevented by the exercise of diligence on the part of such other

person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 25 Abolition of disabilities arising out of punishments. — CRIMINAL CODE Open official source

All disabilities arising, under the provisions of any law

whatsoever, out of any punishment, are abolished.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 26 Right of civil action unaffected. — CRIMINAL CODE Open official source

(1) Any sentence to a punishment established by law shall

always be deemed to have been awarded without prejudice to the

right of civil action.

(2) A pardon commuting or remitting a punishment lawfully

awarded shall not operate so as to bar the civil action.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 27 Difference between punishment at the time of the offence and that at the time of trial. — CRIMINAL CODE Open official source

If the punishment provided by the law in force at the time

of the trial is different from that provided by the law in force at the

time when the offence was committed, the less severe kind of

punishment shall be awarded.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28 Rules as to the serving of punishments. — CRIMINAL CODE Open official source

(1) When more punishments of the same kind are awarded

at the same time against the same offender, they shall be undergone

one after the termination of the other; if they are of different kinds,

the heavier punishment shall be undergone first, and immediately

on its termination, the less severe punishment shall commence.

(2) If any person, while actually undergoing one punishment,

shall be sentenced to another punishment either of the same or of a

less severe kind, he shall continue to undergo the first punishment,

and immediately on its termination, he shall undergo the second

punishment.

(3) If the second punishment be heavier than the first, the

person sentenced shall at once be subjected to the second

punishment, and on its termination, he shall immediately revert to

the first punishment and undergo the remainder thereof.

(4) The punishment of interdiction shall take effect from the

date of the sentence awarding such punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28A Suspended sentence of imprisonment. — CRIMINAL CODE Open official source

(1) Subject to sub-articles (2) to (7) and to articles 28B to

28I, a court which passes a sentence of imprisonment for a term of

not more than two years for an offence may order that the sentence

shall not take effect unless, during a period specified in the order,

being not less than one year or more than four years from the date

of the order, the offender commits another offence punishable with

imprisonment and thereafter a court competent to do so orders

under article 28B that the original sentence shall take effect; and in

this article and whenever it occurs in articles 28B to 28G and in

article 28I "operational period", in relation to a suspended

sentence, means the period so specified.

(2) A court shall not deal with an offender by means of a

suspended sentence unless the case appears to the court to be one in

which a sentence of imprisonment would have been appropriate in

the absence of any power to suspend such a sentence by an order

under sub-article (1).

(3) A court which passes a suspended sentence on any person

for an offence shall not make in his case a probation order, as

provided in the Probation Act, in respect of another offence of

which he is convicted by or before the court or for which he is dealt

with by the court.

(4) On passing a suspended sentence the court shall explain to

the offender in ordinary language his liability under article 28B if

during the operational period he commits an offence punishable

with imprisonment.

(5) A suspended sentence which has not taken effect shall for

all intents and purposes of law be deemed, except as provided in

sub-article (1), to be a sentence awarding punishment and nothing

in this article shall be deemed to effect -

(a) the applicability of any other punishment which may

be awarded, or any suspension, cancellation,

disqualification, forfeiture, loss or removal which may

be ordered, together with the punishment of

imprisonment so suspended; and

(b) the operation of articles 383, 384, 385, 386, 387 and

533. (5A) Without prejudice to the provisions of article 28F, the

punishment awarded under a suspended sentence when that

sentence has not taken effect shall, for the purposes of article 50, be

deemed to have expired on the expiration of the original

operational period referred to in sub-article (1) or of the operational

period substituted therefore as provided in article 28B(2)(b).

(6) The provisions of sub-article (1) shall not apply to any

imprisonment awarded in default of payment of a fine (multa) or of

costs.

(7) An order under sub-article (1) shall not be made in any of

the following cases -

(a) where the person sentenced is already serving a

sentence of imprisonment;

(b) where the person sentenced is a recidivist within the

terms of article 50;

(c) where the offence has been committed during a period

of probation or of conditional discharge under the

Probation Act.

(8) The registrar shall keep a special register of offenders dealt

with by means of a suspended sentence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28B Commission of an offence during the operational period. — CRIMINAL CODE Open official source

(1) Where an offender is convicted of an offence

punishable with imprisonment committed during the operational

period of a suspended sentence and either he is so convicted by or

before a court competent under article 28C to deal with him in

respect of the suspended sentence or he subsequently appears or is

brought before such a court, then, unless the sentence has already

taken effect, that court shall order that the suspended sentence shall

take effect.

(2)

If the further offence committed during the operational

period is of an involuntary nature or if, in the case of any other kind

of offence, the court is of opinion, in view of all the circumstances

including the facts of such further offence, that it would be unjust

to make an order under sub-article (1), it may deal with the

offender by one of the following methods -

(a) it may abstain from making an order under sub-article

(1) and the operational period shall then remain in

force; or

(b) it may by order vary the original order under article

28A(1) by substituting for the operational period

specified therein a period expiring not later than four

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years from the date of the variation

Provided that if it does not make an order under sub-article

(1) the court shall state its reasons.

(3) In proceedings for dealing with an offender in respect of a

suspended sentence which take place before the Criminal Court any

question whether the offender has been convicted of an offence

punishable with imprisonment committed during the operational

period of the suspended sentence shall, notwithstanding the

provisions of article 436(2) and of article 467, be determined by the

court and not by the verdict of a jury.

(4) Where a court deals with an offender under this article in

respect of a suspended sentence passed by another court the

registrar shall, by means of a copy, notify forthwith the court which

passed the sentence of the method adopted.

(5) Where a court deals with an offender under this article the

registrar shall make the necessary annotations in the special

register mentioned in article 28A(8).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28C Competent court for dealing with suspended sentence. — CRIMINAL CODE Open official source

(1) An offender may be dealt with in respect of a

suspended sentence by the Court of Criminal Appeal, by the

Criminal Court or, where the sentence was passed by the Court of

Magistrates, by such court.

(2) Where an offender is convicted by the Court of Magistrates

of an offence punishable with imprisonment and the court is

satisfied that the offence was committed during the operational

period of a suspended sentence passed by the Criminal Court, that

court shall commit the offender in custody or on bail before the

Criminal Court for the purpose of being dealt with in respect of the

suspended sentence

Provided that where the Court of Magistrates is of the

opinion that the appropriate punishment for the further offence is

imprisonment, the provisions of article 28E(3) shall apply.

(3) For the purposes of this article and of articles 28D and

28E -

(a) a suspended sentence passed on an offender on appeal

shall be deemed to have been passed by the court from

which the appeal was made;

(b) the Juvenile Court shall be deemed to be a Court of

Magistrates (Malta) or a Court of Magistrates (Gozo),

as the case may be.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28D Suspended sentence not dealt with on conviction of further offence. — CRIMINAL CODE Open official source

(1) If it appears to the Court of Criminal Appeal, to the

Criminal Court or to the Court of Magistrates that an offender has

been convicted of an offence punishable with imprisonment

committed during the operational period of a suspended sentence

and that he has not been dealt with in respect of the suspended

sentence, that court shall, either ex officio or on the application of

the Attorney General or of the Executive Police, as the case may

require, issue a summons ordering the offender to appear before it

on a date and at a time specified therein, or a warrant for his arrest.

(2) A summons or warrant issued under this article shall direct

the offender to appear or to be brought before the court in order to

be dealt with in respect of the suspended sentence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28E Concurrent offences and punishments in relation to suspended sentence. — CRIMINAL CODE Open official source

(1) Where an offender is sentenced for more than one

crime in accordance with the provisions of article 17(b), an order

under article 28A(1) may be made if the single term of

imprisonment deemed appropriate and fixed by the court in the

sentence so suspended does not exceed two years and if the other

conditions for a suspended sentence to be passed apply.

(2)

Deleted by: III.2002.13.

(3) Where the Court of Magistrates convicts an offender of an

offence punishable with imprisonment committed during the

operational period of a suspended sentence passed by the Criminal

Court, it shall, after making the declaration of guilt of the offender

in respect of such offence and stating its conclusion, where it is so

satisfied, that the appropriate punishment for that offence is

imprisonment, refer the case for the determination of the

punishment to the Criminal Court by committing the offender to

that court as provided in article 28C(2) without pronouncing the

term of imprisonment for the further offence

Provided that if the Criminal Court does not make an order

under article 28B(1), it shall determine the term of imprisonment

for the further offence only.

(4)

Deleted by: III.2002.13.

(5) No court dealing with an offender as provided in article

28C and in this article may vary the term of imprisonment awarded

in the suspended sentence by reducing such term, except in so far

as may be necessary for the purpose of compliance with the

provisions of article 17(b).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28F Recidivists. — CRIMINAL CODE Open official source

In dealing with an offender for an offence punishable with

imprisonment committed during the operational period of a

suspended sentence the court shall consider him a recidivist within

th e me ani n g of arti cl e 4 9 for th e pu rpo se of assessi ng any

punishment to which he is liable for such further offence, but the

punishment awarded under the suspended sentence shall not be

taken into account for the purposes of article 50 unless such

sentence has taken effect and until the expiration or remission of

such punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28G Suspended sentence supervision order. — CRIMINAL CODE Open official source

(1) Where a sentence of more than six months

imprisonment is suspended in accordance with the provisions of

article 28A(1), the court may in addition make a suspended

sentence supervision order (hereinafter referred to as "a supervision

order") placing the offender under the supervision of a supervising

officer for a period specified in the order, being a period not

exceeding the operational period.

CRIMINAL CODE

(1A) Where a supervision order is made in accordance with the

provisions of sub-article (1), the court may, in addition to the order,

make a community service order as defined in article 11 of the

Probation Act and the provisions of the Probation Act shall, mutatis

mutandis, apply to any such order.

(2) A supervision order shall specify the name, address and

other identification particulars of the offender, and the supervising

officer shall be a probation officer appointed under the Probation

Act and named in the supervision order; and the supervision order

may moreover require the offender to comply, during the whole or

any part of the period of supervision, with such requirements as

may be imposed by the court under the provisions of article 7 of the

said Act.

(3) An offender in respect of whom a supervision order is in

force shall keep in touch with the supervising officer in accordance

with such instructions as he may from time to time be given by that

officer and shall notify him of any change of address.

(4) The court by which a supervision order is made shall cause

a copy of the order to be served forthwith on the supervising

officer.

(5) A supervision order shall cease to have effect if before the

end of a period specified in it -

(a) a court orders that the suspended sentence passed in

the proceedings in which the supervision order was

made shall have effect; or

(b) the order is discharged or replaced in accordance with

the following provisions of this article.

(6) A supervision order may be discharged on the application

of the supervising officer or the offender by the court which made

the order. If such order was made on appeal, the court from which

the appeal was made shall be deemed to be the court which made

the order.

(7) The court which made the supervision order may replace it

by an order extending its duration in accordance with any variation

of the operational period of the suspended sentence made under

article 28B(2).

(8) On making or replacing a supervision order the court shall

explain its effect in ordinary language to the offender.

(9) If at any time while the supervision order is in force it

appears to the court that made the order, on the written report of the

supervising officer, that the offender has failed to comply with any

of the requirements of sub-articles (2) and (3), the court shall cause

the offender to be brought before it on an appointed day and at an

appointed time, and if the court, after hearing the offender, is

satisfied that such failure has occurred, it may either in serious or

repeated cases order that the suspended sentence passed in the

proceedings in which the supervision order was made shall have

effect or, without prejudice to the continuation of the order, impose on

him a fine (ammenda) not exceeding two hundred and thirty-two euro

and ninety-four cents (€232.94).

(10) Any reference to a supervision order shall be deemed to

include a community service order.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28H Court direction for restitution or compensation. — CRIMINAL CODE Open official source

(1) When making an order for suspended sentence under

sub-article (1) of article 28A, the court may enter in such order a

direction obliging the offender to make restitution to the injured

party of anything stolen or knowingly received or obtained by fraud

or other unlawful gain by the offender to the detriment of such

party by or through the offence to which the suspended sentence

relates, or to pay to such party such sum of money as may be

determined by the court in that direction as compensation for any

such loss as aforesaid or for any damages or other injury or harm,

including, only in the case of crimes affecting the dignity of persons

under Title VII of Part II of Book First and of willful crimes against the

person subject to a punishment of imprisonment of at least three years

under Title VIII of Part II of Book First, up to a maximum limit of ten

thousand euro (€10,000) or up to such maximum limit as the Minister

responsible for justice may by regulations establish both with regard to

the maximum amount and about the method of computation depending

on the case, moral harm and, or psychological harm. caused to such

party by or through the offence; and any such order may include

both a direction to make restitution and, in default, to pay as

aforesaid.

(2) In any case in which it enters such a direction in its order

under article 28A(1) the court shall, in that direction, fix the time-

limit, not being longer than six months from the date of the

direction, within which the restitution or payment of compensation

specified in the direction shall be made by the offender.

(3) When issuing an order under sub-article (1), the Court may

direct that such costs or damages are paid in instalments, in particular,

having regard to any other obligations which the offender has towards

the victim or any of the victim’s dependants.

(4) The court shall determine the amount of any compensation

directed to be paid under this article after summarily hearing the

parties, if they so wish, and any other evidence, including that of

experts, it may deem relevant, but the amount of compensation so

determined shall be without prejudice to the rights of either of the

parties, or any other person interested, ensuing from the final

liquidation of the amount due, if any, as may be subsequently

agreed or adjudicated upon in a civil action or in any other manner

permitted by law.

(5) If the offender fails to comply with a direction entered

under this article within the time fixed by the court in that

direction, the court shall on the sworn application of the party to

whom such restitution or compensation is due, to be served on the

offender, appoint a date and time not later than seven days from the

date of service of the application, for hearing the parties.

(6) If the court, after such hearing, is satisfied that the offender

has failed to comply with its direction under this article, it shall

order that the suspended sentence shall take effect. The court may,

however, for reasonable cause, grant to the offender a further

peremptory period not exceeding one month, for complying with

CRIMINAL CODE

the direction.

(7) The court shall abstain from taking cognizance of an

application as is mentioned in sub-article (5) if such application is

filed after the lapse of three months from the expiration of the time-

limit fixed by the court for compliance with such direction.

(8) On entering a direction under this article the court shall

explain to the offender in ordinary language his liability under this

article if he fails to comply with that direction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 28I Appeals. — CRIMINAL CODE Open official source

(1) For the purposes of any right of appeal an order made

by a court under article 28B(1) or article 28H(5) that a suspended

sentence shall take effect shall be treated as a sentence passed on

the offender by that court for the offence for which the suspended

sentence was passed.

(2) Nothing in this article shall affect the right of appeal of any

person against conviction or sentence provided for in this Code but

no appeal shall be permitted on any of the following matters

(a) the length of the operational period fixed under article

28A(1);

(b) any variation of the operational period made under

article 28B(2)(b);

(c) any direction entered under article 28H for the making

of restitution or the payment of compensation, the

length of the time-limit fixed for the making of such

restitution or the payment of such compensation under

sub-article (2) of that article, or the determination of

the amount of compensation payable under sub-article

(3) of that article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 29 Procedure in default of payment of fine (ammenda or multa). — CRIMINAL CODE Open official source

(1) Any person sentenced to the payment of a fine

(ammenda or multa) and who is granted the benefit of time by order

of the court according to the provisions of article 14(2), and who

does not pay such fine in accordance with the conditions laid down

in the same order, shall be liable to be arrested and brought before

the court; and the court, upon ascertaining the identity of the person

sentenced and that payment has not been paid according to the

conditions of the order, shall commit such person to undergo the

detention or imprisonment prescribed in substitution for the fine

(ammenda or multa), or in substitution of the balance of the fine

(ammenda or multa) still unpaid, as the case may be. The arrest

shall take place upon a warrant to be issued by the court.

(2) The aforesaid warrant shall be issued within four days from

the date of any breach of the conditions laid down by the court in

its order or from the date of the expiration of the period prescribed

for payment under article 14

Provided that no plea in favour of the person sentenced

shall be admissible by reason of the fact that the issue of such

warrant was, for any reason whatsoever, delayed beyond the said

period of four days.

(3) The court may, on the application of the Police and on

reasonable cause being shown, upon hearing the person sentenced,

determine the period prescribed under article 14 at any time during

the course of such period and commit the person sentenced to

undergo the punishment prescribed in substitution for the fine

(ammenda or multa).

(4) A person sentenced may at any time obtain his release from

the substituted punishment by paying the fine (ammenda or multa)

with the deduction of such amount thereof as corresponds to the

portion of the punishment undergone at the rates laid down in

articles 11 and 13 respectively, and also at similar rates may obtain

his release from any unexpired period of detention or imprisonment

awarded to him under the provisions of sub-article (1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 30 Disqualification s in case of convictions. — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of any other law

imposing or authorising the suspension or cancellation of, or

disqualification from holding or obtaining, any warrant, licence,

permit or other authority held from the Government or any other

public authority, where any person is convicted, whether as a

principal or an accomplice, of a criminal offence which has been

committed -

(a) in or in connection with the exercise of any profession,

art, trade, calling or other occupation for which a

warrant, licence, permit or authority has been or may

be issued to him by the Government or any other

public authority; or

(b) in the use or by means of any instrument, vehicle,

substance or other thing whatsoever for the carrying,

keeping or using of which a licence, permit or

authority has been or may be issued to him,

the court may, in addition to sentencing the person convicted as

aforesaid to any punishment provided by law for the offence, order

such person to be disqualified from holding or obtaining, for such

time as the court deems fit, such warrant, licence, permit or

authority.

(2) Where, by virtue of a conviction under this Code or any

other law, any person has a warrant, licence, permit or authority

suspended, or is disqualified from holding or obtaining any

warrant, licence, permit or authority, the court may, on the

application of such person, as it thinks expedient, having regard to

his character, to his conduct subsequent to the conviction, to the

nature of the offence and to any other circumstances of the case,

and after hearing Attorney General or the Police in the case of an

application before the Court of Magistrates or the Attorney General

in the case of an application before any other court, either remove

the suspension or disqualification as from such date as it may

specify or refuse the application

Provided that, where an application under this sub-article

is refused, a further application thereunder shall not be entertained

if made within three months after the date of the refusal.

CRIMINAL CODE

Sub-title III

O F THE A SCENT AND D ESCENT FROM ONE P UNISHMENT TO

ANOTHER

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 31 Scale of punishments. — CRIMINAL CODE Open official source

(1) The ascent or descent from one degree of punishment

to another shall be as follows

(a) subject to any special provision contained in this

Code, from the punishment of imprisonment for life

the descent shall be in accordance with the scale of

punishments of imprisonment as specified in

paragraph (b);

(b) subject to any special provision contained in this

Code, the following shall be the scale of punishments

of imprisonment

(i) from ten years to forty years;

(ii) from eight years to thirty years,

(iii) from seven to twenty years,

(iv) from six to twelve years,

(v) from five to nine years,

(vi) from four to six years,

(vii) from three to five years,

(viii) from two to four years,

(ix) from eighteen months to three years,

(x)

from thirteen months to two years,

(xi)

from nine to eighteen months,

(xii)

from seven months to one year,

(xiii)

from five to nine months,

(xiv)

from two to six months,

(xv)

from one to three months;

(c) the descent from the fifteenth degree shall be to

imprisonment for a term not exceeding twenty days, or

to detention or to a fine (ammenda);

(d) in the ascent from one degree to another, the order

shall be inverted, commencing from the fifteenth

degree;

(e) in default of an express provision to the contrary, the

ascent from the first degree shall be made by adding to

the punishment of imprisonment the punishment of

solitary confinement for not more than twelve terms,

or by adding other aggravations of punishment

established by the prison regulations;

(f)

the ascent from the punishment of a fine (multa) shall

be to imprisonment for a term not exceeding three

months, and the descent shall be to the punishments

established for contraventions;

(g) the ascent from the punishments established for

contraventions shall be to the punishment of a fine

(multa) or imprisonment for a term not exceeding three

months.

(2) The law establishing in general terms a descent from one

punishment to another, shall not be deemed to include cases of

contraventions or of crimes liable to the punishments for

contraventions.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 32 Gradation in the scale of punishments. — CRIMINAL CODE Open official source

(1) Where the punishment includes a latitude of more

degrees, the ascent or descent shall be made by raising or lowering

the maximum and the minimum to the nearest degree respectively.

(2) When the punishment of solitary confinement is added to

another punishment, the ascent or descent shall be reckoned on

such other punishment

Provided that in cases of descent, the court may restrict the

punishment of solitary confinement to any smaller number of terms

or omit such punishment altogether.

TITLE II

O F THE W ILL AND A GE OF THE O FFENDER

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 33 Defect of will. — CRIMINAL CODE Open official source

Every person is exempt from criminal responsibility if at

the time of the act or omission complained of, such person -

(a) was in a state of insanity; or

(b) was constrained thereto by an external force which he

could not resist.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 33A Increase in punishment for offences committed by prisoners in prison. — CRIMINAL CODE Open official source

(1) Where an offence is committed by a person who is a

p r i s o n e r t h e p u n i s h m e n t f o r t h e o ff e n c e s h a l l i n c a s e o f a

conviction be increased by one or two degrees and the provisions of

articles 21 and 21 of the Probation Act shall not apply.

(2) For the purposes of this article ''prisoner'' has the same

meaning assigned to it by article 2 of the Prisons Act and includes a

prisoner deemed to be confined in a prison according to the

provisions of article 3(3) of the same Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 34 Intoxication. — CRIMINAL CODE Open official source

(1) Save as provided in this article, intoxication shall not

constitute a defence to any criminal charge.

(2)

Intoxication shall be a defence to any criminal charge if -

(a) by reason thereof the person charged at the time of the

act or omission complained of was incapable of

understanding or volition and the state of intoxication

was caused without his consent by the malicious or

negligent act of another person; or

(b) the person charged was by reason of the intoxication

insane, temporarily or otherwise, at the time of such

CRIMINAL CODE

act or omission.

(3) Where the defence under sub-article (2) is established, then,

in a case falling under paragraph (a) thereof, the person charged

shall be discharged, and, in a case falling under paragraph (b), the

provisions of articles 620 to 623 and 625 to 628 shall apply.

(4) Intoxication shall be taken into account for the purpose of

determining whether the person charged had formed any intention

specific or otherwise, in the absence of which he would not be

guilty of the offence.

(5) For the purposes of this article "intoxication" shall be

deemed to include a state produced by narcotics or drugs.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 35 Minors under fourteen years of age. — CRIMINAL CODE Open official source

(1) Without prejudice to the powers of the Minister under the

Children and Young Persons (Care Orders) Act and any other law

which from time to time provides for measures of protection, help,

care and education of minor persons who would hav e b een

identified as persons who have committed crimes or

contraventions, a minor under fourteen years of age shall be exempt

from criminal responsibility for any act or omission.

2007. (2) Nevertheless, in a case referred to in sub-article (1), the

court may, on the application of the Police, require the parent or

other person charged with the upbringing of the minor to appear

before it, and, if the fact alleged to have been committed by the

minor is proved and is contemplated by the law as an offence, the

court may bind over the parent or other person to watch over the

conduct of the minor under penalty for non-compliance of a sum of

not less than one hundred euro (€100) and not exceeding two

thousand euro (€2,000), regard being had to the means of the

person bound over and to the gravity of the fact.

(3) If the fact committed by the minor is contemplated by the

law as an offence punishable with a fine (ammenda), the court may,

in lieu of applying the provisions of sub-article (2), award the

punishment against the parent or other person charged with the

upbringing of the minor, if the fact could have been avoided by his

diligence.

(4) For the purpose of the application of the provisions of the

preceding sub-articles of this article, the parent or other person

charged with the upbringing of the minor as aforesaid, shall be

required to appear, by summons, in accordance with the provisions

contained in Book Second of this Code.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 36 Minors under fourteen but over nine years acting with discretion. — CRIMINAL CODE Open official source

(Repealed by Act III.2014.3.).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 37 Minors under sixteen years of age acting without mischievous discretion. — CRIMINAL CODE Open official source

(1) The minor under sixteen years of age shall also be

exempt from criminal responsibility for any act or omission done

without any mischievous discretion.

(2) In the case where the act or omission is committed by a

minor who is aged between fourteen to sixteen years of age with

mischievous discretion and in the case where the minor is aged

between sixteen and eighteen years, the applicable penalty shall be

decreased by one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 38 Definition of "Approved Institution". — CRIMINAL CODE Open official source

Repealed by: XVIII.1980.15.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 39 Rules concerning deaf- mutes. — CRIMINAL CODE Open official source

(Repealed by Act III.2014.5.).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 40 Other rules concerning deaf- mutes. — CRIMINAL CODE Open official source

The following rules shall be observed in the case of deaf-

mutes who have acted with a mischievous discretion

(a) if at the time of the offence they have attained the age

of fourteen but not the age of eighteen years, the

provisions contained in articles 36 and 37 shall apply;

(b) if at the time of the offence they have attained the age

of eighteen years -

(i) in the case of a crime liable to the punishment of

imprisonment for life, they shall be liable to

imprisonment for a term not exceeding twenty

years;

(ii) in the case of any other crime, they shall be

liable to the punishment established by law

diminished by one-third;

CRIMINAL CODE

(iii) in the case of contraventions, they shall be liable

to

the

punishments

established

for

contraventions.

TITLE III

O F A TTEMPTED O FFENCE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 41 Attempted crime. — CRIMINAL CODE Open official source

(1) Whosoever with intent to commit a crime shall have

manifested such intent by overt acts which are followed by a

commencement of the execution of the crime, shall, save as

otherwise expressly provided, be liable on conviction -

(a) if the crime was not completed in consequence of

some accidental cause independent of the will of the

offender, to the punishment established for the

completed crime with a decrease of one or two

degrees;

(b) if the crime was not completed in consequence of the

voluntary determination of the offender not to

complete the crime, to the punishment established for

the acts committed, if such acts constitute a crime

according to law.

(2) An attempt to commit a contravention is not liable to

punishment, except in the cases expressly provided for by law.

TITLE IV

O F A CCOMPLICES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 42 Complicity in crime. — CRIMINAL CODE Open official source

A person shall be deemed to be an accomplice in a crime

if he -

(a) commands another to commit the crime; or

(b) instigates the commission of the crime by means of

bribes, promises, threats, machinations, or culpable

devices, or by abuse of authority or power, or gives

instructions for the commission of the crime; or

(c) procures the weapons, instruments or other means used

in the commission of the crime, knowing that they are

to be so used; or

(d) not being one of the persons mentioned in paragraphs

(a), (b) and (c), in any way whatsoever knowingly aids

or abets the perpetrator or perpetrators of the crime in

the acts by means of which the crime is prepared or

completed; or

(e) incites or strengthens the determination of another to

commit the crime, or promises to give assistance, aid

or reward after the fact.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 43 Punishment for complicity. — CRIMINAL CODE Open official source

Unless otherwise provided by law, an accomplice in a

crim e shall be liabl e to the puni shmen t establ ished for th e

principal.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 44 Personal circumstances not communicable. — CRIMINAL CODE Open official source

Where two or more persons take part in the commission of

a crime, the circumstances which refer solely to the person of any

o n e o f t h e m i n d i v i d u a l l y, w h e t h e r h e b e a p r i n c i p a l o r a n

accomplice, and which may exclude, aggravate, or mitigate the

punishment in regard to him, shall not operate either in favour of,

or against the other persons concerned in the same crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 45 Real circumstances when communicable. — CRIMINAL CODE Open official source

Where two or more persons take part in the commission of a

crime, any act committed by any of such persons, whether he be a

principal or an accomplice, which may aggravate the crime, shall

only be imputable -

(a) to the person who commits the act;

(b) to the person with whose previous knowledge the act is

committed; and

(c) to the person who, being aware of the act at the

moment of its commission, and having the power to

prevent it, does not do so.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 46 Accomplice liable to punishment independently of the principal. — CRIMINAL CODE Open official source

Where the actual commission of a crime is established, an

accomplice shall be liable to be punished, independently of the

principal, notwithstanding that such principal shall die or escape or

be pardoned or otherwise delivered before conviction, or

notwithstanding that the principal is not known.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 47 Constraint to commit offence, etc. — CRIMINAL CODE Open official source

Any person who -

(a) constrains another person by an external force which

such other person could not resist, to commit an

offence; or

(b) participates by any of the acts specified in article 42 in

an offence committed by any other person who is

according to law exempt from criminal responsibility,

shall himself be guilty of that offence as a principal offender.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 48 Complicity in contraventions. — CRIMINAL CODE Open official source

The provisions contained in this Title shall also apply to

contraventions.

TITLE IV BIS

OF CONSPIRACY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 48A Conspiracy. — CRIMINAL CODE Open official source

(1) Whosoever in Malta conspires with one or more

persons in Malta or outside Malta for the purpose of committing

any crime in Malta liable to the punishment of imprisonment shall

be guilty of the offence of conspiracy to commit that offence.

(2) The conspiracy referred to in sub-article (1) shall subsist

from the moment in which any mode of action whatsoever is

CRIMINAL CODE

planned or agreed upon between such persons.

(3) Any person found guilty of conspiracy under this article

shall be liable to the punishment for the completed offence object

of the conspiracy with a decrease of two or three degrees.

(4) For the purposes of sub-article (3), in the determination of

the punishment for the completed offence object of the conspiracy

account shall be had of any circumstances aggravating that offence.

TITLE V

O F R ECIDIVISTS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 49 Definition of recidivist. — CRIMINAL CODE Open official source

(1) A person is deemed to be a recidivist if, after being

sentenced for any offence by a judgement, even when delivered by

a foreign court, which has become res judicata, he commits another

offence.

(2) In any proceedings under or for the purposes of this article,

a document, duly authenticated, which certifies that a person was

convicted on a date specified in the document of an offence against

the law of that State, or part of that State, shall be admissible as

evidence of the fact and date of the conviction without any need for

further evidence.

(3) A document shall be deemed to be duly authenticated if one

of the following conditions applies

(a) it purports to be signed by a judge, magistrate or

officer of the sentencing State; or

(b) it purports to be certified, whether by seal or

otherwise, by the Ministry, department or other

authority responsible for justice or for foreign affairs

of the sentencing State; or

(c) it purports to be authenticated by the oath, declaration

or affirmation of a witness.

(4) Any document which is to be sent in connection with

proceedings under this article may be transmitted by any secure

means capable of producing written records and under conditions

permitting the ascertainment of its authenticity.

(5) In this article, "oath" includes an affirmation or a

declaration; and nothing in this article shall be construed as

prejudicing the admission in evidence of any document which is

admissible in evidence under any other provision of law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 50 Effect of previous conviction for crime. — CRIMINAL CODE Open official source

Where a person sentenced for a crime shall, within ten

years from the date of the expiration or remission of the

punishment, if the term of such punishment be over five years, or

within five years, in all other cases, commit another crime, he may

be sentenced to a punishment higher by one degree than the

punishment established for such other crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 51 Solitary confinement in the case of relapsers serving a life sentence. — CRIMINAL CODE Open official source

Where, however, a person, while undergoing a punishment

for life and restrictive of personal liberty, commits another crime

subject to a lesser punishment, he shall be liable to one or more

terms of solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 52 Exceptions. — CRIMINAL CODE Open official source

For the purposes of the provisions contained in the

foregoing articles of this Title, any sentence in respect of any crime

committed through imprudence or negligence, or through

unskilfulness in the exercise of any art or profession, or through

non-observance of regulations, shall not be taken into account in

awarding punishment for any other crime, and vice versa.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 53 Effect of previous conviction for contravention. — CRIMINAL CODE Open official source

Where a person sentenced for a contravention shall, within

three months from the date of the expiration or remission of the

punishment, commit another contravention, he may be sentenced to

detention for a term not exceeding two months, or to a fine (multa),

or to imprisonment for a term not exceeding one month.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54 Effect of pardon in respect of recidivists. — CRIMINAL CODE Open official source

A person sentenced shall continue to be considered as such

for the purpose of the provisions concerning recidivists

notwithstanding any pardon commuting the punishment lawfully

awarded to him.

PART II

O F CRIMES AND P UNISHMENTS

Title I

OF GENOCIDE, CRIMES AGAINST HUMANITY,

WAR CRIMES AND CRIMES OF AGGRESSION

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54A General. — CRIMINAL CODE Open official source

(1) It is a crime for a person to commit genocide, a crime

against humanity, a war crime or a crime of aggression.

(2)

In this Title -

''the ICC Treaty'' means the Statute of the International Criminal

Court, done at Rome on 17th July, 1988;

''the ICC'' means the International Criminal Court established by

the ICC Treaty;

''genocide'' means an act of genocide as defined in article 54B;

''crime against humanity'' means a crime against humanity as

defined in article 54C;

''war crime'' means a war crime as defined in article 54D;

"crime of aggression" means a war crime as defined in article

54DA;

''Minister'' means the Minister responsible for Justice.

CRIMINAL CODE

(3) In interpreting and applying the provisions of this Title the

court shall take into account the original text of the ICC Treaty and

of any treaty and convention referred to in the ICC Treaty.

(4) In interpreting and applying the provisions of articles 54B,

54C, 54D and 54DA, hereinafter, in this Title, referred to as ''the

relevant articles'', the court shall take into account -

(a) any relevant Elements of Crimes adopted

in

accordance with article 9 of the ICC Treaty, and

(b) until such time as Elements of Crimes are adopted

under that article, any relevant Elements of Crimes

contained in the report of the Preparatory Commission

for the International Criminal Court adopted on 30th

June, 2000.

(5) The Minister may set out in regulations the text of the

Elements of Crimes referred to in sub-article (2), as amended from

time to time.

(6) The relevant articles shall for the purposes of this Title be

construed subject to and in accordance with any relevant

reservation or declaration made by Malta when ratifying any treaty

or agreement relevant to the interpretation of those articles.

(7) The Minister may by regulations set out the terms of any

reservation or declaration referred to in sub-article (5) and where

any such reservation or declaration is withdrawn in whole or in part

may revoke or amend any regulations as aforesaid which contain

the terms of that reservation or declaration.

(8) In interpreting and applying the provisions of the relevant

articles the court shall take into account any relevant judgment or

decision of the ICC and may also take into account any other

relevant international jurisprudence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54B Genocide. — CRIMINAL CODE Open official source

(1) Genocide is committed where any of the following

acts is committed with intent to destroy, in whole or in part, a

national, ethnical, racial or religious group, as such -

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of

the group;

(c) deliberately inflicting on the group conditions of life

calculated to bring about its physical destruction in

whole or in part;

(d) imposing measures intended to prevent births within

the group;

(e) forcibly transferring children of the group to another

group.

(2) Whosoever directly and publicly incites others to commit

genocide shall be guilty of a crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54C Crimes against humanity. — CRIMINAL CODE Open official source

(1) A crime against humanity is committed where any of

the follo wing acts is com mi tted as part of a widespread or

systematic attack directed against any civilian population, with

knowledge of the attack

(a) murder;

(b) extermination;

(c) enslavement;

(d) deportation or forcible transfer of population;

(e) imprisonment or other severe deprivation of physical

liberty in violation of fundamental rules of

international law;

(f)

torture;

(g) rape, sexual slavery, enforced prostitution, forced

pregnancy, enforced sterilization, or any other form of

sexual violence of comparable gravity;

(h) persecution against any identifiable group or

collectivity on political, racial, national, ethnic,

cultural, religious, gender as defined in sub-article (3),

or other grounds that are universally recognized as

impermissible under international law, in connection

with any act referred to in this sub-article or any crime

under article 54A;

(i)

enforced disappearance of persons;

(j)

the crime of apartheid;

(k) other inhumane acts of a similar character

intentionally causing great suffering, or serious injury

to body or to mental or physical health.

(2)

For the purpose of sub-article (1) -

(a) ''attack directed against any civilian population'' means

a course of conduct involving the multiple commission

of acts referred to in sub-article (1) against any

civilian population, pursuant to or in furtherance of a

State or organizational policy to commit such attack;

(b) ''extermination'' includes the intentional infliction of

conditions of life, inter alia the deprivation of access

to food and medicine, calculated to bring about the

destruction of part of a population;

(c) ''enslavement'' means the exercise of any or all of the

powers attaching to the right of ownership over a

person and includes the exercise of such power in the

course of trafficking in persons, in particular women

and children;

(d) ''deportation or forcible transfer of population'' means

forced displacement of the persons concerned by

expulsion or other coercive acts from the area in which

they are lawfully present, without grounds permitted

under international law;

CRIMINAL CODE

(e) ''torture'' means the intentional infliction of severe

pain or suffering, whether physical or mental, upon a

person in the custody or under the control of the

accused; except that torture shall not include pain or

suffering arising only from, inherent in or incidental

to, lawful sanctions;

(f)

''forced pregnancy'' means the unlawful confinement

of a woman forcibly made pregnant, with the intent of

affecting the ethnic composition of any population or

carrying out other grave violations of international

law. This definition shall not in any way be interpreted

as affecting national laws relating to pregnancy;

(g) ''persecution'' means the intentional and severe

deprivation of fundamental rights contrary to

international law by reason of the identity of the group

or collectivity;

(h) ''the crime of apartheid'' means inhumane acts of a

character similar to those referred to in sub-article (1),

committed in the context of an institutionalized regime

of systematic oppression and domination by one racial

group over any other racial group or groups and

committed with the intention of maintaining that

regime;

(i)

''enforced disappearance of persons'' means the arrest,

detention or abduction of persons by, or with the

authorization, support or acquiescence of, a State or a

political organization, followed by a refusal to

acknowledge that deprivation of freedom or to give

information on the fate or whereabouts of those

persons, with the intention of removing them from the

protection of the law for a prolonged period of time.

(3) For the purpose of this Title, it is understood that the term

''gender'' refers to the two sexes, male and female, within the

context of society. The term ''gender'' does not indicate any

meaning different from the above.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54D War crimes. — CRIMINAL CODE Open official source

A war crime is committed where any of the following acts

is committed

(a) grave breaches of the Geneva Conventions of 12

August 1949, namely, any of the following acts against

persons or property protected under the provisions of

the relevant Geneva Convention

(i) wilful killing;

(ii) torture or inhuman treatment, including

biological experiments;

(iii) wilfully causing great suffering, or serious

injury to body or health;

(iv) extensive destruction and appropriation of

property, not justified by military necessity and

carried out unlawfully and wantonly;

CRIMINAL CODE

(v)

compelling a prisoner of war or other protected

person to serve in the forces of a hostile Power;

(vi)

wilfully depriving a prisoner of war or other

protected person of the rights of fair and regular

trial;

(vii)

unlawful deportation or transfer or unlawful

confinement;

(viii) taking of hostages;

(b) other serious violations of the laws and customs

applicable in international armed conflict, within the

established framework of international law, namely,

any of the following acts

(i)

intentionally directing attacks against the

civilian population as such or against individual

civilians not taking direct part in hostilities;

(ii) intentionally directing attacks against civilian

objects, that is, objects which are not military

objectives;

(iii) intentionally directing attacks against personnel,

installations, material, units or vehicles involved

in a humanitarian assistance or peacekeeping

mission in accordance with the Charter of the

United Nations, as long as they are entitled to

the protection given to civilians or civilian

objects under the international law of armed

conflict;

(iv) intentionally launching an attack in the

knowledge that such attack will cause incidental

loss of life or injury to civilians or damage to

civilian objects or widespread, long-term and

severe damage to the natural environment which

would be clearly excessive in relation to the

concrete and direct overall military advantage

anticipated;

(v) attacking or bombarding, by whatever means,

towns, villages, dwellings or buildings which are

undefended and which are not military

objectives;

(vi) killing or wounding a combatant who, having

laid down his arms or having no longer means of

defence, has surrendered at discretion;

(vii)

making improper use of a flag of truce, of the

flag or of the military insignia and uniform of

the enemy or of the United Nations, as well as of

the distinctive emblems of the Geneva

Conventions, resulting in death or serious

personal injury;

(viii) the transfer, directly or indirectly, by the

Occupying Power of parts of its own civilian

population into the territory it occupies, or the

CRIMINAL CODE

deportation or transfer of all or parts of the

population of the occupied territory within or

outside this territory;

(ix) intentionally directing attacks against buildings

dedicated to religion, education, art, science or

charitable purposes, historic monuments,

hospitals and places where the sick and wounded

are collected, provided they are not military

objectives;

(x) subjecting persons who are in the power of an

adverse party to physical mutilation or to

medical or scientific experiments of any kind

which are neither justified by the medical, dental

or hospital treatment of the person concerned

nor carried out in his or her interest, and which

cause death to or seriously endanger the health

of such person or persons;

(xi) killing or wounding treacherously individuals

belonging to the hostile nation or army;

(xii) declaring that no quarter will be given;

(xiii) destroying or seizing the enemy’s property

unless such destruction or seizure be

imperatively demanded by the necessities of

war;

(xiv) declaring abolished, suspended or inadmissible

in a court of law the rights and actions of the

nationals of the hostile party;

(xv) compelling the nationals of the hostile party to

take part in the operations of war directed

against their own country, even if they were in

the

belligerent’s

service

before

the

commencement of the war;

(xvi) pillaging a town or place, even when taken by

assault;

(xvii) employing poison or poisoned weapons;

(xviii) employing asphyxiating, poisonous or other

gases, and all analogous liquids, materials or

devices;

(xix) employing bullets which expand or flatten easily

in the human body, such as bullets with a hard

envelope which does not entirely cover the core

or is pierced with incisions;

...... omissis .......

(xxi) committing outrages upon personal dignity, in

particular humiliating and degrading treatment;

(xxii) committing rape, sexual slavery, enforced

prostitution, forced pregnancy, as defined in

article 54C(2)(f), enforced sterilization, or any

other form of sexual violence also constituting a

grave breach of the Geneva Conventions;

(xxiii) utilizing the presence of a civilian or other

protected person to render certain points, areas

or military forces immune from military

operations;

(xxiv) intentionally directing attacks against buildings,

material, medical units and transport, and

personnel using the distinctive emblems of the

Geneva Conventions in conformity with

international law;

(xxv) intentionally using starvation of civilians as a

method of warfare by depriving them of objects

indispensable to their survival, including

wilfully impeding relief supplies as provided for

under the Geneva Conventions;

(xxvi) conscripting or enlisting children under the age

of fifteen years into the national armed forces or

using them to participate actively in hostilities;

(c) in the case of an armed conflict not of an international

character, serious violations of article 3 common to the

four Geneva Conventions of 12 August 1949, namely,

any of the following acts committed against persons

taking no active part in the hostilities, including

members of armed forces who have laid down their

arms and those placed hors de combat by sickness,

wounds, detention or any other cause

(i)

violence to life and person, in particular murder

of all kind, mutilation, cruel treatment and

torture;

(ii) committing outrages upon personal dignity, in

particular humiliating and degrading treatment;

(iii) taking of hostages;

(iv) the passing of sentences and the carrying out of

executions

without

previous

judgement

pronounced by a regularly constituted court,

affording all judicial guarantees which are

generally recognized as indispensable;

(d) paragraph (c) applies to armed conflicts not of an

international character and thus does not apply to

situations of internal disturbances and tensions, such

as riots, isolated and sporadic acts of violence or other

acts of a similar nature;

(e) other serious violations of the laws and customs

applicable in armed conflicts not of an international

character, within the established framework of

international law, namely, any of the following acts

(i)

intentionally directing attacks against the

civilian population as such or against individual

civilians not taking direct part in hostilities;

(ii) intentionally directing attacks against buildings,

material, medical units and transport, and

CRIMINAL CODE

personnel using the distinctive emblems of the

Geneva Conventions in conformity with

international law;

(iii) intentionally directing attacks against personnel,

installations, material, units or vehicles involved

in a humanitarian assistance or peacekeeping

mission in accordance with the Charter of the

United Nations, as long as they are entitled to

the protection given to civilians or civilian

objects under the international law of armed

conflict;

(iv) intentionally directing attacks against buildings

dedicated to religion, education, art, science or

charitable purposes, historic monuments,

hospitals and places where the sick and wounded

are collected, provided they are not military

objectives;

(v) pillaging a town or place, even when taken by

assault;

(vi) committing rape, sexual slavery, enforced

prostitution, forced pregnancy, as defined in

article 54C(2)(f), enforced sterilization, and any

other form of sexual violence also constituting a

serious violation of article 3 common to the four

Geneva Conventions;

(vii)

conscripting or enlisting children under the age

of fifteen years into armed forces or groups or

using them to participate actively in hostilities;

(viii) ordering the displacement of the civilian

population for reasons related to the conflict,

unless the security of the civilians involved or

imperative military reasons so demand;

(ix) killing or wounding treacherously a combatant

adversary;

(x) declaring that no quarter will be given;

(xi) subjecting persons who are in the power of

another party to the conflict to physical

mutilation or to medical or scientific

experiments of any kind which are neither

justified by the medical, dental or hospital

treatment of the person concerned nor carried

out in his or her interest, and which cause death

to or seriously endanger the health of such

person or persons;

(xii)

destroying or seizing the property of an

adversary unless such destruction or seizure be

imperatively demanded by the necessities of the

conflict;

(xiii) employing poison or poisoned weapons;

(xiv) employing asphyxiating, poisonous or other

gases, and all analogous liquids, materials or

devices;

(xv) employing bullets which expand or flatten easily

in the human body, such as bullets with a hard

envelope which does not entirely cover the core

or is pierced with incisions;

(f)

paragraph (e) applies to armed conflicts not of an

international character and thus does not apply to

situations of internal disturbances and tensions, such

as riots, isolated and sporadic acts of violence or other

acts of a similar nature. It applies to armed conflicts

that take place in the territory of a State when there is

protracted armed conflict between governmental

authorities and organized armed groups or between

such groups.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54DA Crime of aggression. — CRIMINAL CODE Open official source

(1) A crime of aggression means the planning,

preparation, initiation or execution, by a person in a position

effectively to exercise control over or to direct the political or

military action of a State, of an act of aggression which, by its

character, gravity and scale, constitutes a manifest violation of the

Charter of the United Nations.

(2) For the purposes of this article an "act of aggression" means

the use of armed force by a State against the sovereignty, territorial

integrity or political independence of another State, or in any other

manner inconsistent with the Charter of the United Nations.

(3) Any of the following acts, regardless of a declaration of

war, shall, in accordance with UN General Assembly Resolution

3314(XXIX) of 14 December 1974, qualify as an act of aggression

(a) the invasion or attack by the armed forces of a State of

the territory of another State, or any military

occupation, however temporary, resulting from such

invasion or attack, or any annexation by the use of

force of the territory of another State or part thereof;

(b) bombardment by the armed forces of a State against

the territory of another State or the use of any weapons

by a State against the territory of another State;

(c) the blockade of the ports or coasts of a State by the

armed forces of another State;

(d) an attack by the armed forces of a State on the land,

sea or air forces, or marine and air fleets of another

State;

(e) the use of armed forces of one State which are within

the territory of another State with the agreement of the

receiving State, in contravention of the conditions

provided for in the agreement or any extension of their

presence in such territory beyond the termination of

the agreement;

(f)

the action of a State in allowing its territory, which it

has placed at the disposal of another State, to be used

by that other State for perpetrating an act of aggression

CRIMINAL CODE

against a third State; and

(g) the sending by or on behalf of a State of armed bands,

groups, irregulars or mercenaries, which carry out acts

of armed force against another State of such gravity as

to amount to the acts listed above, or its substantial

involvement therein.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54E Responsibility of commanders and other superiors. — CRIMINAL CODE Open official source

(1) This article applies in relation to offences under this

Part.

(2) A military commander, or a person effectively acting as a

military commander, is responsible for offences committed by

forces under his effective command and control, or (as the case

may be) his effective authority and control, as a result of his failure

to exercise control properly over such forces where -

(a) he either knew, or owing to the circumstances at the

time, should have known that the forces were

committing or about to commit such offences, and

(b) he failed to take all necessary and reasonable measures

within his power to prevent or repress their

commission or to submit the matter to the competent

authorities for investigation and prosecution.

(3) With respect to superior and subordinate relationships not

described in sub-article (2), a superior is responsible for offences

committed by subordinates under his effective authority and

control, as a result of his failure to exercise control properly over

such subordinates where -

(a) he either knew, or consciously disregarded information

which clearly indicated, that the subordinates were

committing or about to commit such offences,

(b) the offences concerned activities that were within his

effective responsibility and control, and

(c) he failed to take all necessary and reasonable measures

within his power to prevent or repress their

commission or to submit the matter to the competent

authorities for investigation and prosecution.

(4) A person responsible under this article for an offence is

regarded as an accomplice in the commission of the offence.

(5) In interpreting and applying the provisions of this article

(which corresponds to article 28 of the ICC Treaty) the court shall

take into account any relevant judgment or decision of the ICC and

account may also be taken of any other relevant international

jurisprudence.

(6) Nothing in this article shall be read as restricting or

excluding -

(a) any liability of the commander or superior apart from

this article, or

(b) the liability of persons other than the commander or

superior.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54F Mental element. — CRIMINAL CODE Open official source

(1) References in this Part to a person committing -

(a) genocide,

(b) a crime against humanity, or

(c) a war crime,

shall be construed in accordance with this article.

(2)

Unless otherwise provided by -

(a) the articles mentioned in the definition in article

54A(1) of the crimes specified in sub-article (1)(a) to

(c) of this article, or in any relevant Elements of

Crimes referred to in article 54A(3),

(b) article 54E,

a person is regarded as committing a crime referred to in sub-article

(1) only if the material elements of the crime are committed with

intent and knowledge.

(3)

For this purpose -

(a) a person has intent -

(i)

in relation to conduct, where he means to engage

in the conduct, and

(ii) in relation to a consequence, where he means to

cause the consequence or is aware that it will

occur in the ordinary course of events, and

(b) ''knowledge'' means awareness that a circumstance

exists or a consequence will occur in the ordinary

course of events.

(4) In interpreting and applying the provisions of this article

(which corresponds to article 30 of the ICC Treaty) the court shall

take into account any relevant judgment or decision of the ICC and

may also take into account any other relevant international

jurisprudence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54G Jurisdiction. — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of article 5, a

criminal action for an offence under this Title may also be

prosecuted in Malta -

(a) against any person subject to military law in terms of

articles 178, 179 and 180 of the Malta Armed Forces

Act even if the offence was committed outside Malta;

or

(b) against any citizen of Malta or permanent resident in

Malta who outside Malta conspires to commit any

offence under this Title even if the offence is to be

committed outside Malta.

(2) For the purposes of this article, the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54H Protection of victims and witnesses. — CRIMINAL CODE Open official source

The provisions of any law which make provision for the

protection of victims and witnesses of certain offences shall apply

mutatis mutandis to any victim or witness of an offence under this

Title.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 54I Supplementary provisions for offences under this Title. — CRIMINAL CODE Open official source

(1) The following provisions apply in relation to offences

under this Title.

(2) Proceedings for an offence shall not be instituted except by

or with the consent of the Attorney General.

(3) A person convicted of an offence involving murder shall be

dealt with as for an offence consisting in the killing of a person in

such circumstances as would, if committed in Malta, constitute

wilful homicide.

(4) In any other case a person convicted of an offence is liable

to imprisonment for a term not exceeding thirty years.

(5) The provisions of Title VI of Part III of Book Second of this

Code do not apply.

Title I Bis

OF CRIMES AGAINST THE SAFETY OF THE GOVERNMENT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 55 Attempts against the President of Malta. — CRIMINAL CODE Open official source

Whosoever shall take away the life or the liberty of the

President of Malta, or shall endanger his life by bodily harm, shall,

on conviction, be liable to the punishment of imprisonment for life.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 55A Incitement to take away the life and liberty of the President of Malta or of any Minister — CRIMINAL CODE Open official source

Whosoever by any means shall incite others to take away the

life or liberty of the President of Malta or of any Minister shall, for the

mere incitement, be liable on conviction to imprisonment for a term

not exceeding nine years or to a fine (multa) not exceeding five

thousand euro (€5,000) or to both such fine and imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 56 Insurrection or coup d’état. — CRIMINAL CODE Open official source

(1) Whosoever shall subvert or attempt to subvert the

Government of Malta by committing any of the acts hereunder

mentioned, shall, on conviction, be liable to the punishment of

imprisonment for life

(a) taking up arms against the Government of Malta for

the purpose of subverting it;

(b) bearing arms in the service of any foreign Power

against the Republic of Malta;

(c) aiding the enemies of the Republic of Malta in any

other manner whatsoever against the said Republic;

(d) usurping or unlawfully assuming any of the executive

powers of the Government of Malta, for the purpose of

subverting it;

(e) taking up arms for the purpose of compelling the

Government of Malta to change its measures or

counsels, or of obstructing the exercise of its lawful

authority.

(2) The punishment, however, shall be diminished by one or

t w o d eg r e e s, w h e r e t h e c r i m e i s n o t ca r r i e d i n t o eff ec t , i n

consequence of the voluntary determination of the offender not to

complete the crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 57 Conspiracy against the State. — CRIMINAL CODE Open official source

(1) Whosoever shall take part in a conspiracy having for

its object any of the crimes referred to in the last preceding two

articles, shall, on conviction, be liable to imprisonment for a term

from three to six years.

(2) Where, besides the mere conspiracy, preparatory measures

for carrying the crime into effect shall also have been taken, the

punishment shall be of imprisonment for a term from five to nine

years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 58 Commencement of conspiracy. — CRIMINAL CODE Open official source

A conspiracy shall subsist from the moment in which any

mode of action whatsoever is planned or agreed upon between two

or more persons.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 59 Provocation to perpetrate crimes against the safety of the Government. — CRIMINAL CODE Open official source

(1) Whosoever, by any speech delivered in any public

place or at any public meeting, shall directly provoke the

perpetration of any of the crimes referred to in this Title, shall, on

conviction, be liable to the punishment for the crime provoked by

him, diminished by one degree.

(2) If the provocation shall produce no effect, the punishment

shall be decreased from one to three degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 60 Exemption from punishment. — CRIMINAL CODE Open official source

In the crimes referred to in the preceding articles of this

Title, any of the offenders who shall, before the commission of the

crime or before any attempt to commit the crime, and prior to the

commencement of any proceedings, give information thereof to the

Government or to the authorities of the Government, shall be

exempted from punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 61 Failure to disclose. — CRIMINAL CODE Open official source

Whosoever, knowing that any of the crimes referred to in

the preceding articles of this Title is about to be committed, shall

not, within twenty-four hours, disclose to the Government or to the

authorities of the Government, the circumstances which may have

come to his knowledge, shall, for the mere omission, be liable, on

conviction, to imprisonment for a term from nine to eighteen

months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 62 Exemptions. — CRIMINAL CODE Open official source

The provisions of the last preceding article shall not apply

to the spouse, the ascendants or descendants, the brother or sister,

parents of either spouse, spouses of either child, the uncle or aunt, the

nephew or niece, and the brother-in-law or sister-in-law of a

principal or an accomplice in the crime so not disclosed.

CRIMINAL CODE

TITLE II

O F C RIMES AGAINST THE P UBLIC P EACE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 63 When offence is deemed to be accompanied with public violence. — CRIMINAL CODE Open official source

Any offence committed by three or more persons

assembled with intent to commit an offence, and two of whom

carry arms proper, shall be deemed to be accompanied with public

violence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 64 Definition of "arms proper" and "arms improper". — CRIMINAL CODE Open official source

(1) Arms proper are all fire-arms and all other weapons,

instruments and utensils which are mainly intended for defensive or

offensive purposes.

(2) All other weapons, instruments or utensils are not

considered as arms, except when they are actually made use of for

any offensive or defensive purpose, in which case they are called

arms improper.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 65 Punishment for offences accompanied with public violence. — CRIMINAL CODE Open official source

(1) The punishment for an offence accompanied with

public violence, shall be higher by one degree than the punishment

provided for the same offence when not accompanied with public

violence.

(2) In no case shall the punishment be less than that provided in

article 66.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 66 Assembly under arms. — CRIMINAL CODE Open official source

The persons assembled as provided in article 63 shall, for

the mere fact of having so assembled, be liable to imprisonment for

a term from one to three months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 67 Conspiracy. — CRIMINAL CODE Open official source

Any crime committed by any of the persons mentioned in

article 63, shall, for the purposes of punishment, be considered as

being accompanied with public violence if in the commission of the

crime such persons shall have acted in pursuance of a common

design.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 68 Unlawful assembly. — CRIMINAL CODE Open official source

(1) Whosoever shall incite an assembly of persons, who

when so incited shall be ten or more in number, for the purpose of

committing an offence, shall, for the mere fact of the incitement, be

liable, on conviction, to imprisonment for a term from one to three

months or to a fine (multa).

(2) Whosoever shall take an active part in an assembly of ten or

more persons for the purpose of committing an offence, although

the said assembly may not have been incited by any one in

particular, shall, on conviction, be liable to imprisonment for a term

from three days to three months or to a fine (multa).

(3) Where the offence which such assembly of persons

intended to commit is committed, then, if the punishment

established for the offence is less than the punishments aforesaid,

these punishments shall be applied with an increase of one degree;

if, however, the punishment established for the offence is greater

than, or equal to, the punishments aforesaid, then that punishment

shall be applied with an increase of one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 69 Instigation to commit an offence. — CRIMINAL CODE Open official source

Whosoever shall publicly instigate any other person to

commit an offence, shall, for the mere fact of the instigation, be

liable, on conviction, to -

(a) imprisonment for a term from two to five years, in the

case of a crime liable to a punishment higher than the

punishment of imprisonment for a term of three years;

or

(b) imprisonment for a term not exceeding two years, in

the case of a crime liable to the punishment of

imprisonment for a term not exceeding three years; or

(c) a fine (multa) or detention, in the case of any other

offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 70 Incitement to disobey the law. — CRIMINAL CODE Open official source

Whosoever shall publicly incite any other person to

disobey the law, shall, on conviction, be liable to imprisonment for

a term not exceeding three months or to a fine (multa), or, in minor

cases, to detention or to a fine (ammenda).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 71 Unlawful endeavour to compel Government to alter measures or counsels. — CRIMINAL CODE Open official source

Whosoever shall, by any unlawful means not amounting to

the crime referred to in article 56, endeavour to compel the

President of Malta or the Government of Malta, to change his or

their measures or counsels, shall, on conviction, be liable to

imprisonment for a term from six months to two years.

72. Deleted by XI.2018.25.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 72 Disprezz lill- President. Emendat: XXVII.1975.6. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 73 XXVII.1975.6. Unlawful assembly with seditious violent intent. — CRIMINAL CODE Open official source

If three or more persons shall unlawfully assemble, or

being unlawfully assembled, shall continue so together, with intent,

by public speeches, exhibition of flags, inscriptions, or other means

or devices whatsoever, to excite other persons to attempt to alter

any matter established by law, by violent means, every person so

offending shall, on conviction, be liable to imprisonment for a term

from six to eighteen months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 74 Seditious conspiracy. — CRIMINAL CODE Open official source

If two or more persons shall conspire to incite other

persons to attempt the alteration of any matter established by law,

by violent means, every person so offending shall, on conviction, be

liable to imprisonment for a term from six to eighteen months.

75. Deleted by XI.2018.25.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 75 Akkuża falza ta’ tagħwiġ fl- amministraz- zjoni tal-Gvern. Emendat: XXVII.1975.9. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 76 Administering unlawful oath. — CRIMINAL CODE Open official source

(1) Whosoever shall administer, or cause to be

administered or taken, any oath or engagement intended to bind the

person taking the same to engage in any mutinous or seditious

purpose, or to disturb the public peace, or to be of any association,

society or confederacy formed for any such purpose, shall, on

conviction, be liable to imprisonment for a term from seven months

to two years.

CRIMINAL CODE

(2)

The punishment established in sub-article (1) shall also

apply, where the oath or engagement is intended to bind the person

taking the same in any of the modes following

(a) to obey the orders of any committee or body of men

not lawfully constituted, or of any leader or other

person not having authority by law for that purpose;

(b) not to inform or give evidence against any associate or

other person, or not to reveal or discover any illegal

act done, attempted, or intended to be done by such

person or any other.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 77 Person taking unlawful oath. — CRIMINAL CODE Open official source

The punishment established in the last preceding article

shall apply to any person who shall take any such oath or

engagement as provided in that article, unless he shall have been

compelled thereto

Provided that compulsion shall not justify or excuse any

person taking such oath or engagement, unless he shall, within four

days after such compulsion shall cease, report the fact to the public

authorities.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 78 Inciting to sedition or to mutiny. — CRIMINAL CODE Open official source

Whosoever shall endeavour to seduce any person serving

in the Armed Forces of Malta from his duty and allegiance to the

Republic of Malta, or to incite or stir up any such person to commit

any act of mutiny, or to make or endeavour to make any mutinous

assembly, or to commit any traitorous or mutinous practice

whatsoever, shall, on conviction, be liable to imprisonment for a

term from nine months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 79 Tumultuous assembly. — CRIMINAL CODE Open official source

(1) If three or more persons shall assemble or shall

continue together, for any purpose whatsoever, in such manner and

under such circumstances of violence, threats, tumults, numbers,

display of arms or otherwise, as are calculated to create terror and

alarm among persons in Malta, every such assembly shall be

deemed unlawful, and every person forming part of such assembly

shall, on conviction, be liable to imprisonment for a term from four

to twelve months.

(2) Where the unlawful assembly shall proceed, either wholly

or in part, to execute their common design, or shall attempt so to

do, any person so assembling shall, on conviction, be liable to

imprisonment for a term from six to eighteen months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 80 Disobedience of order for dispersal. — CRIMINAL CODE Open official source

If twelve or more persons being unlawfully assembled

together to the disturbance of the public peace, and being formally

warned or required by any competent authority to disperse

themselves and peaceably to depart to their habitations or to their

lawful business, shall, to the number of twelve or more, unlawfully

remain or continue together for the space of one hour after such

public warning shall have been given, every such offender shall, on

conviction, be liable to imprisonment for a term from nine months

to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 81 Assembly when not unlawful. — CRIMINAL CODE Open official source

There shall not be deemed to be an unlawful assembly

under the provisions of the preceding articles, where three or more

persons shall assemble for the common purpose of assisting in the

defence of the possession of the dwelling-house or other property

of any one of them or in the defence of the person of any one of

them although they may execute or endeavour to execute such

purpose, or otherwise conduct themselves violently and

tumultuously, or in such manner and under such circumstances as

are calculated to create terror and alarm among persons in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 82 Spreading of false news. — CRIMINAL CODE Open official source

Whosoever shall maliciously spread false news which is

likely to alarm public opinion or disturb public good order or the

public peace or to create a commotion among the public or among

certain classes of the public, shall, on conviction, be liable to

imprisonment for a term from one to three months

Provided that if any disturbance ensues in consequence of the

offence, or if the offence has contributed to the occurrence of any

disturbance, the offender shall be liable to imprisonment for a term of

not less than one month but not exceeding six months and to a fine

(multa) not exceeding one thousand euro (€1,000) or both such fine

and imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 82A Incitement to racial hatred, etc. — CRIMINAL CODE Open official source

(1)

Whosoever uses any threatening, abusive or insulting

words or behaviour, or displays any written or printed material which

is threatening, abusive or insulting, or otherwise conducts himself in

such a manner, with intent thereby to stir up violence or hatred against

another person or group of persons on the grounds of gender, gender

identity, sexual orientation, race, colour, language, ethnic origin, age,

disability, religion or belief or political or other opinion or whereby

s u c h v i o l e n c e o r h a t r e d i s l i k e l y, h a v i n g r e g a r d t o a l l t h e

circumstances, to be stirred up shall, on conviction, be liable to

imprisonment for a term from six (6) to eighteen (18) months

Provided that, for the purposes of this Code, unless the

context otherwise requires, "disability" means the same as the meaning

assigned to it in article 2 of the United Nations Convention on the

Rights of Persons with Disabilities Act.

(2) For the purposes of sub-article (1) "violence or hatred" means

violence or hatred against a person or against a group of persons in

Malta defined by reference to gender, gender identity, sexual

orientation, race, colour, language, national or ethnic origin, age,

disability, citizenship, religion or belief or political or other opinion.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 82B Condoning, denying or trivialising genocide, etc., against a group. — CRIMINAL CODE Open official source

Whosoever publicly condones, denies or grossly trivialises

genocide, crimes against humanity and war crimes directed against

a group of persons or a member of such a group defined by

reference to race, colour, religion, citizenship, descent or national

or ethnic origin when the conduct is carried out in a manner -

(a) likely to incite to violence or hatred against such a

group or a member of such a group;

(b) likely to disturb public order or which is threatening,

abusive or insulting,

shall, on conviction, be liable to imprisonment for a term from

eight months to two years

CRIMINAL CODE

Provided that for the purposes of this article "genocide",

"crimes against humanity" and "war crimes" shall have the same

meaning assigned to them in article 54A.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 82C Condoning, denying or trivialising crimes against peace against a group. — CRIMINAL CODE Open official source

(1) Whosoever publicly condones, denies or grossly

trivialises crimes against peace directed against a person or a group

of persons defined by reference to gender, gender identity, sexual

orientation, race, colour, language, national or ethnic origin, age,

disability, citizenship, religion or belief or political or other opinion

when the conduct is carried out in a manner-

(a) likely to incite to violence or hatred against such a

person or group; or

(b) likely to disturb public order or which is threatening,

abusive or insulting,

shall, on conviction, be liable to imprisonment for a term from

eight months to two years.

(2) For the purposes of this article a crime against peace means

conduct consisting of

(a) the planning, preparation, initiation or waging of a war

of aggression, or a war in violation of international

treaties, agreements or assurances;

(b) participation in a common plan or conspiracy for the

accomplishment of any of the acts referred to in

paragraph (a).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 82D Aiding, abetting or instigating offences under articles 82A to — CRIMINAL CODE Open official source

Whosoever aids, abets or instigates any offence under

articles 82A to 82C, both inclusive, shall be guilty of an offence

and shall be liable on conviction to the punishment laid down for

the offence aided, abetted or instigated.

82C.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 82E Applicability of articles 121D, 208B(5), 248E(4) and — CRIMINAL CODE Open official source

(1) The provisions of articles 121D, 208B(5) and 248E(4)

shall apply mutatis mutandis to an offence under articles 82A to

82D, both articles inclusive.

328. (2) The provisions of article 328K shall also apply mutatis

mutandis to any offence under articles 82A to 82D, both articles

inclusive, as if the reference to article 328J in article 328K were a

reference to article 121D.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 83 Promotion of political object by use or display of physical force. — CRIMINAL CODE Open official source

Any person who establishes, maintains on his own or with

other persons or belongs to any association of persons who are

organised and trained or organised and equipped for the purpose of

enabling them to be employed for the use or display of physical

force in promoting any political object shall be guilty of an offence

and liable, on conviction, to a fine (multa) not exceeding five

thousand euro (€5,000) or to imprisonment for a term from nine

months to five years, or to both such fine and imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 83A Promoting, etc., an organization of two or more persons with a view to commit criminal offences. — CRIMINAL CODE Open official source

(1) Any person who -

(a) promotes, constitutes, organises or finances an

organization with a view to commit criminal offences

liable to the punishment of imprisonment for a term of

four years or more; or

(b)

knowing or having reasonable cause to suspect the

aim or general activity of the organization set up for

the purpose mentioned in paragraph (a), actively takes

part in the organisation’s criminal activities, including

but not limited to the provision of information or

material means or the recruitment of new members,

shall be guilty of an offence and shall liable, on conviction, to the

punishment of imprisonment for a term from four to nine years.

(2) Any person who belongs to an organisation referred to in

sub-article (1) shall for that mere fact be liable to the punishment of

imprisonment for a term from two to seven years.

(3) Where the number of persons in the organisation is ten or

more the punishment in the preceding sub-articles shall be

increased form one to two degrees.

(4) Where the person found guilty of an offence under this title

is the director, manager, secretary or other principal officer of a

body corporate or is a person having a power of representation of

such a body or having an authority to take decisions on behalf of

that body or having authority to exercise control within that body

and the offence of which that person was found guilty was

committed for the benefit, in part or in whole, of that body

corporate, the said person shall for the purposes of this title be

deemed to be vested with the legal representation of the same body

corporate which shall be liable as follows

(a) where the offence of which the person was found

guilty is the offence in sub-article (1), to the payment

of a fine (multa) of not less than thirty-four thousand and

nine hundred and forty euro and sixty cents (€34,940.60)

and not more than one hundred and sixteen thousand and

four hundred and sixty-eight euro and sixty-seven cents

(€116,468.67);

(b) where the offence of which the person was found

guilty is the offence in sub-article (2), to the payment

of a fine (multa) of not less than twenty-three thousand

and two hundred and ninety-three euro and seventy-three

cents (€23,293.73) and not more than sixty-nine thousand

and eight hundred and eighty-one euro and twenty cents

(€69,881.20);

(c) where the offence of which the person was found

guilty is punishable as provided in sub-article (3) of

this article -

(i)

where the offence is that provided in sub-article

(1), to the punishment of a fine (multa) of not less

than forty-six thousand and five hundred and

eighty-seven euro and forty-seven cents

CRIMINAL CODE

(€46,587.47) and not more than one million and

one hundred and sixty-four thousand and six

hundred and eighty-six euro and seventy cents

(€1,164,686.70);

(ii) where the offence is that provided in sub-article

(2), to the punishment of a fine (multa) of not less

than thirty-four thousand and nine hundred and

forty euro and sixty cents (€34,940.60) and not

more than one hundred and sixteen thousand and

four hundred and sixty-eight euro and sixty-seven

cents (€116,468.67).

(5) The criminal action for an offence against the provisions of

this article may be prosecuted in Malta notwithstanding that the

organization of persons is based or pursues its criminal activities

outside Malta.

GENERAL PROVISION APPLICABLE TO OFFENCES

WHICH ARE RACIALLY OR DISABILITY OR AGE

AGGRAVATED OR MOTIVATED BY XENOPHOBIA OR

HOMOPHOBIA

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 83B General provision. — CRIMINAL CODE Open official source

The punishment established for any offence shall be

increased by one to two degrees when the offence is aggravated or

motivated, wholly or in part by hatred against a person or a group, on the

grounds of gender, gender identity, sexual orientation, race, colour,

language, national or ethnic origin, age, disability, citizenship, religion

or belief or political or other opinion within the meaning of sub-articles

(3) to (6), both inclusive, of article 222A

Provided that the provisions of this article shall not apply where

an aggravation of punishment in respect of the motives mentioned in this

article is already provided for under this Code or any other law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 83C Offences committed by a body corporate. — CRIMINAL CODE Open official source

Whenever an offence is committed for the benefit, in part or in

whole, of a body corporate by a person who has the power of

representation of the body corporate, authority to take decisions on

behalf of the body corporate, or authority to exercise control of the body

corporate, without prejudice to any other punishment to which the body

corporate may be liable under any other provision of this Code or of any

other law, the said body corporate may be subject to

(a) exclusion from entitlement to public benefits or aid;

(b) the suspension or cancellation of any licence, permit

or other authority to engage in any trade, business or

other commercial activity;

(c) placing under judicial supervision;

(d) the compulsory winding up of the body corporate; or

(e) the temporary or permanent closure of any

establishment which may have been used for the

commission of the offence

Provided that the provisions of this article shall not apply

where the punishment mentioned in this article is already provided

for under this Code or any other law.

TITLE III

O F C RIMES AGAINST THE A DMINISTRATION OF J USTICE

AND OTHER PUBLIC ADMINISTRATIONS

Sub-title I

O F THE U SURPATION OF P UBLIC AUTHORITY AND OF

THE P OWERS THEREOF

O F THE U SURPATION OF F UNCTIONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 84 Unlawful exercise of public functions. — CRIMINAL CODE Open official source

Whosoever shall assume any public function, whether civil

or military, without being entitled thereto, and shall perform any

act thereof, shall, on conviction, be liable to imprisonment for a

term from four months to one year.

O F THE U NLAWFUL A SSUMPTION BY P RIVATE P ERSONS OF

P OWERS BELONGING TO P UBLIC A UTHORITY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 85 Arbitrary exercise of pretended rights. — CRIMINAL CODE Open official source

(1) Whosoever, without intent to steal or to cause any

wrongful damage, but only in the exercise of a pretended right,

shall, of his own authority, compel another person to pay a debt, or

to fulfil any obligation whatsoever, or shall disturb the possession

of anything enjoyed by another person, or demolish buildings, or

divert or take possession of any water-course, or in any other

manner unlawfully interfere with the property of another person,

shall, on conviction, be liable to imprisonment for a term from one

to three months

Provided that the court may, at its discretion, in lieu of the

above punishment, award a fine (multa)

Provided further that it shall be a defence for the person

accused of this offence to prove that such disturbance was done as a

temporary measure imposed by actual necessity either in lawful self-

defence or in the lawful defence of another person

Provided further that in cases of arbitrary or forced evictions

of an occupant from the property which he occupies as his primary

residence, including any unpermitted entry into the property, removal

of furniture, appliances or personal belongings from the property, or

the suspension or interruption of water and electricity services, in

whichever manner, including the installation of devices which enable

the owner to suspend the direct supply of water and electricity services

CRIMINAL CODE

to the property, the fine (multa) shall not be less than one thousand

five hundred euro (€1,500) and not more than four thousand euro

(€4,000).

(2) The provisions of article 377(5) shall apply in the case of

any conviction under sub-article (1) and when the conduct of the

offender has resulted in a person being despoiled the Court shall

apply the provisions of that sub-article in order to ensure that the

person despoiled is fully revested in the position before he was

despoiled.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 86 Illegal arrest, detention or confinement. — CRIMINAL CODE Open official source

Whosoever, without a lawful order from the competent

authorities, and saving the cases where the law authorizes private

individuals to apprehend offenders, arrests, detains or confines any

person against the will of the same, or provides a place for carrying

out such arrest, detention or confinement, shall, on conviction, be

liable to imprisonment for a term from seven months to two years

Provided that the court may, in minor cases, award

imprisonment for a term from one to three months or a fine (multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 87 Aggravating circumstances. — CRIMINAL CODE Open official source

(1) The punishment for the crime referred to in the last

preceding article, shall be imprisonment for a term from thirteen

(13) months to six (6) years if any one or more of the following

circumstances results

(a) if the detention or confinement continues for more

than twenty days;

(b) if the arrest is effected with the unauthorized use of a

uniform, or under an assumed name, or under a

warrant falsely purporting to be issued by a public

authority;

(c) if the individual arrested, detained or confined, is

subjected to any bodily harm, or is threatened with

death;

(d) if the detention or confinement is continued by the

offender notwithstanding his knowledge that a writ or

warrant for the release or delivery of the person

detained or confined has been issued by the competent

authority;

(e) if the crime is committed with the object of extorting

money or effects, or of compelling any other person to

agree to any transfer of property belonging to such

person;

(f)

if the crime is committed for the purpose of forcing

another person to do or to omit an act, which, if

voluntarily done or omitted, would be a crime;

(g) if the crime is committed as a means of compelling a

person to do an act or to submit to treatment injurious

to the modesty of that person’s sex;

(h) if the crime is committed on the person of the father,

mother or on any person mentioned in article 202(h).

(2)

Where a person who commits the crime referred to in the

last preceding article threatens to kill, to injure or to continue to

detain or confine the person arrested, detained or confined, with the

object of compelling a state, an international governmental

organisation or person to do or to abstain from doing an act he shall

be liable to the punishment of imprisonment from seven years to life.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 88 Punishment for illegal arrest, etc., accompanied with bodily harm. Amended by: XLIX.1981.4. — CRIMINAL CODE Open official source

Where the bodily harm referred to in paragraph (c) of the

last preceding article is liable to a punishment higher than the

pun ish me nt of i m priso nm ent for a term o f two years, or is

committed or accompanied with any kind of torture, the

punishment shall be imprisonment for a term from four to six years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 89 Extenuating circumstance. — CRIMINAL CODE Open official source

The punishment for the illegal arrest, detention or

confinement of a person, without the concurrence of any of the

circumstances mentioned in article 87(b), (c), (d), (e), (f) and (g),

and in the last preceding article, shall be imprisonment for a term

from seven months to one year, where the offender, before the

commencement of any proceedings at law, restores to liberty the

person arrested, detained or confined, within twenty-four hours

after the arrest, detention or confinement, provided that during this

interval the offender has not attained the object for which such

person has been arrested, detained or confined.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 89A Removal from Malta of a minor in breach of an order of any authority. — CRIMINAL CODE Open official source

(1)

Whosoever removes from Malta or retains a minor

under the age of sixteen (16) years abroad in breach of an order given

by the Maltese court or in breach of a care order issued by a competent

authority in accordance with the Minor Protection (Alternative Care)

Act shall, on conviction, be liable to imprisonment from thirteen (13)

months to three (3) years.

(2)

For the purposes of this article

(a) "removes from Malta" means the removal from Malta of a

minor, even if by deceit or fraud and even if by a person

having parental authority over the minor in breach of a

court order or of a care order as referred to in sub-article

(1);

(b) "retain" means the retention outside Malta for a period of

more than three (3) days of a minor, even if by deceit or

fraud and even if by a person having parental authority

over the minor in breach of a court order or of a care order

as referred to in sub-article (1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 90 Unlawful removal of persons to a foreign country or unlawful confinement therein. — CRIMINAL CODE Open official source

Whosoever unlawfully and forcibly removes any person to

any other country, or wrongfully detains, arrests or confines any

citizen of Malta in any other country, shall, on conviction, be liable

to the punishment laid down in article 87.

CRIMINAL CODE

Sub-title II

O F O UTRAGE AND V IOLENCE AGAINST P UBLIC O FFICERS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 91 Violence and threats against public officers. — CRIMINAL CODE Open official source

Whosoever by violence or threats compels a public officer

to do or not to do any act appertaining to his office, shall, on

conviction, be liable to imprisonment for a term from one to five

years and to a fine (multa) of not less than four thousand euro

(€4,000) and not more than ten thousand euro (€10,000).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 92 Definition of "public officer". — CRIMINAL CODE Open official source

The general expression "public officer", includes not only

the constituted authorities, civil and military, but also all such

persons as are lawfully appointed to administer any part of the

executive power of the Government, or to perform any other public

service imposed by law, whether it be judicial, administrative or

mixed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 93 Reviling or threatening judge, Attorney General, magistrate or juror. — CRIMINAL CODE Open official source

(1) Whosoever reviles or threatens a judge, or the

Attorney General, or a magistrate or a juror, while in the exercise

of his functions or because of his having exercised his functions, or

with intent to intimidate or unlawfully influence him in the exercise

of his functions, shall, on conviction, be liable to imprisonment for

a term from nine to eighteen months and to a fine (multa) of not

less than five hundred euro (€500) and not more than one thousand

five hundred euro (€1,500).

(2) If the object of the vilification is that of damaging or

diminishing the reputation of the person against whom it is

directed, the punishment shall be imprisonment for a term from

twelve months to two years and to a fine (multa) of not less than

seven hundred euro (€700) and not more than two thousand and

five hundred euro (€2,500).

(3) Where the threat is of a crime, the punishment shall be

imprisonment for a term from eighteen months to three years and to

a fine (multa) of not less than one thousand five hundred euro

(€1,500) and not more than four thousand euro (€4,000), and if the

threat be made by means of any writing, whether anonymous or

signed in one’s own name or in a fictitious name, the punishment

shall be increased by one degree, and in either case, the offender

may be required to enter into a recognizance as provided in articles

3 8 3 , 3 8 4 a n d 3 8 5 , w i t h o r w i t h o u t s u r e t y, a c c o r d i n g t o

circumstances.

(4) Where the offences referred to in this article are committed

against an officer of the Attorney General’s office, when acting

under the direction of the Attorney General in anything in which

the Attorney General is to act in his own individual judgement or in

connection with his office, the offender shall be liable to the same

punishment established in the preceding sub-articles.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 94 Bodily harm caused to judge, Attorney General, magistrate or juror. — CRIMINAL CODE Open official source

(1) Whosoever shall cause a bodily harm to any of the

persons mentioned in the last preceding article, while in the

exercise of his functions or because of his having exercised his

functions, or with intent to intimidate or unduly influence him in

the exercise of his functions, shall, on conviction, be liable to

imprisonment for a term from four to seven years and to a fine

(multa) of not less than five thousand euro (€5,000) and not more

than twenty five thousand euro (€25,000).

(2) Where the bodily harm is of such a nature that, if caused to

any person other than those mentioned in the last preceding article,

it would render the offender liable to a higher punishment, such

higher punishment shall be awarded, with an increase of one

degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 95 — CRIMINAL CODE Open official source

Whosoever, in any other case not referred to in the last

preceding two articles, reviles, or threatens, or causes a bodily harm to

any person lawfully charged with a public duty, including a public

officer and a public employee as defined in article 2 of the Public

Administration Act, while in the act of discharging his duty or

because of his having discharged such duty, or with intent to intimidate

or unduly influence him in the discharge of such duty, shall on

conviction be liable to the punishment established for the vilification,

threats, or bodily harm, when not accompanied with the circumstances

mentioned in this article, increased by two degrees and to a fine

(multa) of not less than one thousand and two hundred euro (€1,200)

and not more than seven thousand and five hundred euro (€7,500).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 96 Assault or resistance. — CRIMINAL CODE Open official source

Whosoever assaults or resists by violence or active force not

amounting to public violence, any person lawfully charged with a public

duty, including a public officer and a public employee as defined in

article 2 of the Public Administration Act, when in the execution of the

law or of a lawful order issued by a competent authority, shall on

conviction be liable

(a)

where the assault or resistance is committed by one

(1) or two (2) persons, to imprisonment for a term from one (1)

year to four (4) years and to a fine (multa) of not less than six

thousand euro (€6,000) and not more than fifteen thousand euro

(€15,000);

(b)

where the assault or resistance is committed by

three (3) or more persons, to imprisonment for a term from

eighteen (18) months to six (6) years and to a fine (multa) of not

less than seven thousand and five hundred euro (€7,500) and not

more than twenty-two thousand and five hundred euro (€22,500).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 97 Aggravating circumstance. — CRIMINAL CODE Open official source

If any of the offenders mentioned in the last preceding

article shall use any arm proper in the act of the assault or

resistance, or shall have previously provided himself with any such

arm with the design of aiding such assault or resistance, and shall,

on apprehension, be found in possession of any such arm, he shall

be liable to imprisonment for a term from eighteen months to six years

and to a fine (multa) of not less than twelve thousand euro (€12,000)

CRIMINAL CODE

and not more than thirty thousand euro (€30,000).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 98 Assault or resistance accompanied with public violence. — CRIMINAL CODE Open official source

Where any of the crimes referred to in article 96 is

accompanied by public violence, the punishment shall be

imprisonment for a term from three years to seven years and to a fine

(multa) of not less than ten thousand euro (€10,000) and not more than

twenty-five thousand euro (€25,000).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 98A Non-applicability of articles 28A, 28B, 28C, 28D, 28E, 28F, 28G, 28H, 28I and article 22 of the Probation Act. — CRIMINAL CODE Open official source

The provisions of articles 28A, 28B, 28C, 28D, 28E, 28F,

28G, 28H, 28I of this Code and article 22 of the Probation Act shall

not apply to articles 96, 97 and 98 of this Code.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 99 Exemption from punishment in case of desistance. — CRIMINAL CODE Open official source

No punishment shall be awarded for the mere act of the

assault or resistance mentioned in articles 96 and 98 against any

person who, although he shall have attempted to commence or shall

have actually commenced to act, shall, at the first warning given by

the person assaulted or to whom resistance is offered, or by any

public authority, desist from the further commission of the crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 99A General provisions. — CRIMINAL CODE Open official source

(1) The following provisions shall apply to the offences

under this Sub-title.

(2) The provisions of article 21 shall not apply in respect of

any person convicted of an offence under this Sub-title.

(3) Any fine (multa) to which the person convicted has been

sentenced to pay may be recovered as a civil debt and the sentence

of the Court shall constitute an executive title for all intents and

purposes of the Code of Organization and Civil Procedure.

Sub-title III

O F C ALUMNIOUS A CCUSATIONS, OF P ERJURY AND

OF F ALSE S WEARING

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 100 Interpretation. — CRIMINAL CODE Open official source

In this Sub-title "criminal proceedings" includes the

inquiry referred to in Sub-title II of Title II of Part I of Book

Second of this Code and any proceedings under the Malta Armed

Forces Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 101 Calumnious accusations. — CRIMINAL CODE Open official source

(1) Whosoever, with intent to harm any person, shall

accuse such person before a competent authority with an offence of

which he knows such person to be innocent, shall, for the mere fact

of having made the accusation, on conviction, be liable -

(a) to imprisonment for a term from thirteen to eighteen

months, if the false accusation be in respect of a crime

liable to a punishment higher than the punishment of

imprisonment for a term of two years;

(b) to imprisonment for a term from six to nine months, if

the false accusation be in respect of a crime liable to a

punishment not higher than the punishment of

imprisonment for a term of two years, but not liable to

the punishments established for contraventions;

(c) to imprisonment for a term from three days to three

months, if the false accusation be in respect of any

other offence.

(2) Where the crime is committed with intent to extort money

or other effects, the punishment shall be increased by one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 102 Subornation or attempted subornation of witness, referee or interpreter. — CRIMINAL CODE Open official source

Whosoever, in any civil or criminal proceedings, suborns

a witness, a referee, or an interpreter, to give false evidence or to

make a false report or a false interpretation, shall, on conviction, be

liable -

(a) where the false evidence, report or interpretation has

been given or made, to the punishment to which a

person giving false evidence would be liable;

(b) where there has only been an attempt of subornation of

a witness, a referee, or an interpreter, to the same

punishment decreased by one or two degrees;

(c) where the subornation has been committed by the use

of force, threats, intimidation or by promising,

offering or giving of an undue advantage to induce

false testimony, to the punishment mentioned in

paragraph (a) increased by one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 103 Preparation or production of false documents. — CRIMINAL CODE Open official source

Whosoever, in any civil or criminal proceedings, shall

cause a false document to be prepared or shall knowingly produce a

false document, shall be liable to the same punishment as the forger

thereof.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 104 Perjury in certain criminal trials. — CRIMINAL CODE Open official source

(1) Whosoever shall give false evidence in any criminal

proceedings for a crime liable to a punishment higher than the

punishment of imprisonment for a term of two years, either against

or in favour of the person charged or accused, shall, on conviction,

be liable to imprisonment for a term from two to five years.

(2) Where, however, the person accused shall have been

sentenced to a punishment higher than that of imprisonment for a

term of five years, the witness who shall have given false evidence

against such person in the trial, or of whose evidence use shall have

been made against such person in the trial, shall be liable to such

higher punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 105 Perjury in other criminal trials. — CRIMINAL CODE Open official source

Whosoever shall give false evidence in any criminal

proceedings for an offence not referred to in the last preceding

article, either against or in favour of the person charged or accused,

shall, on conviction, be liable to imprisonment for a term from nine

months to two years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 106 Perjury in civil proceedings. — CRIMINAL CODE Open official source

(1) Whosoever shall give false evidence in civil matters,

shall, on conviction, be liable to imprisonment for a term from

seven months to two years.

(2) The provisions of sub-article (1) shall apply to any person

who, being a party to a civil action, shall make a false oath.

CRIMINAL CODE

(3) Whosoever shall make a false affidavit, whether in Malta or

outside Malta, knowing that such affidavit is required or intended

for any civil proceedings in Malta, shall, on conviction, be liable to

the punishment mentioned in sub-article (1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 107 Perjury by referee or interpreter. — CRIMINAL CODE Open official source

(1) Any referee who, in any civil or criminal proceedings,

shall knowingly certify false facts, or maliciously give a false

opinion, shall, on conviction, be liable to the punishment to which a

false witness is liable under the preceding articles of this Sub-title.

(2) The same punishment shall apply to any person who, when

acting as interpreter in any judicial proceedings and upon oath,

shall knowingly make a false interpretation.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 108 False swearing. — CRIMINAL CODE Open official source

(1) Whosoever, in any other case not referred to in the

preceding articles of this Sub-title, shall make a false oath before a

judge, magistrate or any other officer authorized by law to

administer oaths, shall, on conviction, be liable -

(a) to imprisonment for a term from four months to one

year, if the oath be required by law, or ordered by a

judgment or decree of any court in Malta;

(b) to imprisonment for a term not exceeding three

months, if the oath be not so required or ordered.

(2) The provisions of this article shall not apply to promissory

oaths.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 109 Interdiction in sentences for calumnious accusations, perjury and false swearing. — CRIMINAL CODE Open official source

(1) The court shall, in passing sentence against the

offender for any crime referred to in this Sub-title, expressly award

the punishment of general interdiction, as well as interdiction from

acting as witness, except in a court of law, or from acting as referee

in any case whatsoever.

(2) Such interdiction shall be for a term from five to ten years

in the cases referred to in the last preceding article, and for a term

from ten to twenty years in any other case referred to in the other

preceding articles of this Sub-title.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 110 Fabrication of false evidence. — CRIMINAL CODE Open official source

(1) Whosoever shall fraudulently cause any fact or

circumstance to exist, or to appear to exist, in order that such fact

or circumstance may afterwards be proved in evidence against

another person, with intent to procure such other person to be

unjustly charged with, or convicted of, any offence, shall, on

conviction, be liable to the punishment established for a false

witness, in terms of the preceding articles of this Sub-title.

(2) Whosoever shall lay before the Executive Police an

information regarding an offence knowing that such offence has not

been committed, or shall falsely devise the traces of an offence in

such a manner that criminal proceedings may be instituted for the

ascertainment of such offence, shall, on conviction, be liable to

imprisonment for a term not exceeding one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 111 Hindering person from giving necessary information or evidence. — CRIMINAL CODE Open official source

(1) Whosoever shall hinder any person from giving the

necessary inform ati on or ev id ence in any ci vil o r cri mi nal

proceedings, or to or before any competent authority, shall, on

conviction, be liable to imprisonment for a term from four months

to one year or to a fine (multa).

2007. (2)

Whosoever, in any case not otherwise provided for in this

Code, shall knowingly suppress, or in any other manner destroy or

alter the traces of, or any circumstantial evidence relating to an

offence, shall, on conviction, be liable -

(a) if the offence is a crime liable to a punishment not less

than that of imprisonment for a term of one year, to the

punishment laid down in sub-article (1);

(b) in the case of any other offence, to imprisonment for a

term not exceeding three months or to detention or to a

fine (ammenda) of not less than two euro and thirty- three

cents (€2.33).

Sub-title IV

O F A BUSE OF P UBLIC A UTHORITY

O F U NLAWFUL E XACTION, OF E XTORTION AND OF B RIBERY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 112 Unlawful exaction. — CRIMINAL CODE Open official source

Any officer or person employed in any public

administration, or any person employed by or under the

Government, whether authorized or not to receive moneys or

effects, either by way of salary for his own services, or on account

of the Government, or of any public establishment, who shall,

under colour of his office, exact that which is not allowed by law,

or more than is allowed by law, or before it is due according to law,

shall, on conviction, be liable to imprisonment for a term from

three months to one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 113 Extortion. — CRIMINAL CODE Open official source

Where the unlawful exaction referred to in the last

preceding article, is committed by means of threats or abuse of

authority, it shall be deemed to be an extortion, and the offender

shall, on conviction, be liable to imprisonment for a term from

thirteen months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 114 Aggravating circumstances. — CRIMINAL CODE Open official source

Where the crimes referred to in the last two preceding

articles are accompanied with circumstances which render such

crimes liable also to other punishments, the higher punishment

shall be applied with an increase of one degree.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 115 Bribery. — CRIMINAL CODE Open official source

(1) Any public officer or servant who, in connection with

his office or employment, requests, receives or accepts for himself

or for any other person, any reward or promise or offer of any

reward in money or other valuable consideration or of any other

advantage to which he is not entitled, shall, on conviction, be liable

to punishment as follows

(a) where the object of the reward, promise or offer, be to

induce the officer or servant to do what he is in duty

bound to do, the punishment shall be imprisonment for

a term from six months to three years;

(b) where the object be to induce the officer or servant to

forbear from doing what he is in duty bound to do, the

punishment shall, for the mere acceptance of the

reward, promise or offer, be imprisonment for a term

from nine months to five years;

(c) where, besides accepting the reward, promise, or offer,

the officer or servant actually fails to do what he is in

duty bound to do, the punishment shall be

imprisonment for a term from one year to eight years.

(2) Notwithstanding any other provision of this Code or of any

other law, when the offence against the provisions of this article is

committed by a person who, at the time when the offence was

committed, held the office of Minister, Parliamentary Secretary,

Member of the House of Representatives, Mayor or Local

Councillor and the offence involved the abuse of such office, the

provisions of Title VI of Part III of Book Second of this Code shall

not apply to the said person or to any accomplice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 116 Where failure of duty consists in passing sentence on defendant or person accused. — CRIMINAL CODE Open official source

(1) Where the crime referred to in paragraph (c) of the

last preceding article consists in sentencing a defendant or person

accused, the punishment shall be imprisonment for a term from

eighteen months to ten years

Provided that in no case shall the punishment be lower than

that to which the defendant or person accused has been sentenced.

(2) Where the punishment to which the defendant or person

accused is sentenced is higher than the punishment of

imprisonment for ten years, such higher punishment shall be

applied.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 117 Where failure of duty consists in releasing a person charged or in discharging a defendant or person accused. — CRIMINAL CODE Open official source

Where the crime referred to in article 115(c) consists in

the release of a person charged with an offence, or in the discharge

of a defendant or person accused, the punishment shall be as

follows

(a) where the charge, complaint, or indictment be in

respect of a crime liable to a punishment higher than

that of imprisonment for a term of two years, the

punishment shall be imprisonment for a term from

three years to nine years;

(b) where it be in respect of an offence liable to a

punishment not higher than that of imprisonment for a

term of two years, but not falling in the class of

contraventions, the punishment shall be imprisonment

for a term from eighteen months to five years;

(c) where it be in respect of a contravention, the

punishment shall be imprisonment for a term from

nine months to two years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 118 Bribery of member of House of Representatives. — CRIMINAL CODE Open official source

(1) Any member of the House of Representatives who

requests, receives or accepts, for himself or for any other person,

any reward or promise or offer of any reward in money or other

valuable consideration or of any other advantage given or made

with the object of influencing him in his conduct as a member of

the House shall, on conviction, be liable to imprisonment for a term

from one year to eight years.

(2) Notwithstanding any other provision of this Code or of any

other law the provisions of Title VI of Part III of Book Second of

this Code shall not apply to an offence under this article in respect

of the said Member of the House of Representatives or any

accomplice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 119 Cases in which punishment of general interdiction is applied. — CRIMINAL CODE Open official source

The punishment of perpetual general interdiction or

perpetual special interdiction, or both, as the case may be, shall be

added to the punishments established in the preceding articles of

this Sub-title when the maximum of such punishments exceeds two

years’ imprisonment; when the maximum of the said punishments

does not exceed two years’ imprisonment, then the punishment of

temporary general interdiction or temporary special interdiction, or

both, as the case may be, shall be added.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 120 Punishment for persons bribing public officers or servants. — CRIMINAL CODE Open official source

(1) In the cases referred to in articles 115, 116, 117 and

118, the person who bribes the public officer or servant or the

member of the House of Representatives, or the person to whom

any of the said articles applies in accordance with any provision

under this Code or under any other law, as the case may be, shall be

deemed to be an accomplice.

(2) Where the public officer or servant or other person does not

commit the crime, the person who attempts to induce such officer

or servant or other person to commit the crime shall, on conviction,

be liable to imprisonment for a term from six months to three years

Provided that when the crime is that referred to in article

11 7 ( c ) , t h e p u n i s h m e n t s h a l l n o t e x c e e d e i g h t e e n m o n t h s

imprisonment.

(3) Where the member of the House of Representatives does

not commit the crime, the person who attempts to induce such

member to commit the crime shall, on conviction, be liable to

imprisonment for a term from six months to four years.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 121 Embracery and corruption of other persons. — CRIMINAL CODE Open official source

(1) The provisions of this Sub-title shall apply to and in

relation to any person who is entrusted with or has functions

relating to the administration of a statutory or other corporate body

having a distinct legal personality, or who is employed with such a

body, as they apply to or in relation to an officer or person referred

to in article 112 or a public officer or servant referred to in article

115. (2) Articles 115 to 117, article 119 and article 120(1) and (2)

shall apply to and in relation to jurors as they apply to or in relation

to a public officer or servant referred to in article 115

Provided that the term "juror" shall in any case include a

lay person acting as a member of a collegial body which has the

responsibility of deciding on the guilt of an accused person in the

framework of a trial within the judicial system of a state other than

Malta.

(3) The provisions of this Sub-title in relation to an officer or

person referred to in article 112 or a public officer or servant

referred to in article 115 shall also apply to and in relation to any

employee or other person when directing or working in any

capacity for or on behalf of a natural or legal person operating in

the private sector who knowingly, in the course of his business

activities, directly or through an intermediary and in breach of his

duties, conducts himself in any manner provided for in those

articles

Provided that for the purposes of this sub-article the

expression "breach of duty" includes any disloyal behaviour

constituting a breach of a statutory duty, or, as the case may be, a

breach of professional regulations or instructions, which apply

within the business in question.

(4) The provisions of this Sub-title shall also apply to any

conduct falling within the descriptions set out in the provisions of

this Sub-title and in which is involved

(a) a public officer or servant of any foreign State

including any member of a domestic public assembly

of any foreign State which exercises legislative or

administrative powers; or

(b) any officer or servant, or any other contracted

employee, of any international or supranational

organization or body or of any of its institutions or

bodies, or any other person carrying out functions

corresponding to those performed by any said officer,

servant or contracted employee; or

(c) any member of a parliamentary assembly of any

international or supranational organisation; or

(d) any holder of judicial office or any official of any

international court; or

(e) any member, officer or servant of a Local Council; or

(f)

any person mentioned in the preceding paragraphs and

the offence was committed outside Malta by a Maltese

citizen or by a permanent resident in Malta;

For the purposes of this paragraph, the phrase

"permanent resident" shall have the same meaning

assigned to it by article 5(1)(d); or

(g) as the person who committed the offence, any person

mentioned in paragraph (b) and the organisation,

institution or body in question has its headquarters in

Malta;

(h) any person

(i) called upon to act as arbitrator in accordance

with the provisions of the Arbitration Act,

whether such arbitration is domestic or

international;

(ii) who by virtue of an arbitration agreement is

called upon to render a legally binding decision

in a dispute submitted to such person by the

parties to the agreement; and

(iii) who is an arbitrator exercising his functions

under the national legislation of any state other

than Malta

Provided that

(i)

where the person involved is any person

mentioned in paragraphs (a), (b), (d) or (e) the

provisions of articles 115, 116, 117 and 120

shall apply; and

(ii)where the person involved is any person

mentioned in paragraph (c) the provisions of

articles 118 and 120 shall apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 121A Trading in influence. — CRIMINAL CODE Open official source

(1)Any person who promises, gives or offers, directly or

indirectly, any undue advantage to any other person who asserts or

confirms that he or she is able to exert an improper influence over

the decision-making of any person referred to in the preceding

articles of this Sub-title and of any other person, in order to induce

such other person to exercise such influence, whether such undue

advantage is for such other person or anyone else, shall on

conviction be liable to the punishment of imprisonment for a term

from three years to six years.

(2) Any person who requests, receives or accepts any offer or

promise of any undue advantage for himself or for anyone else with

the object of exercising any improper influence as is referred to in

sub-article (1) shall on conviction be liable to the punishment laid

down in that sub-article.

(3) The offences referred to in sub-articles (1) and (2) shall be

complete whether or not the alleged ability to exert an improper

influence existed, whether or not the influence is exerted and

whether or not the supposed influence leads to the intended result.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 121B Accounting offences. — CRIMINAL CODE Open official source

Whosoever, with intent to commit, conceal or disguise any

offence, creates or uses an invoice or any other accounting

document or record containing false or incomplete information or

unlawfully omits to make a record of payment, shall on conviction

be liable to the punishment of imprisonment from three months to

eighteen months without prejudice to any other punishment to

which he may be liable under any other provision of this Code or of

any other law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 121C Jurisdiction. — CRIMINAL CODE Open official source

Without prejudice to the provisions of article 5, the

Maltese courts shall also have jurisdiction over the offences laid

down in this Sub-title where

(a) only part of the action giving execution to the offence

took place in Malta; or

(b) the offender is a Maltese national or permanent

resident in Malta within the meaning of article 5(1)(d),

a public officer or servant of Malta or a member of the

House of Representatives or of a Local Council; or

(c) the offence involves a public officer or servant of

Malta or is a member of the House of Representatives

or of a Local Council; or

(d) the offence involves any of those persons to whom

reference is made in article 121(4)(b), (c) or (d) and

that person is at the same time a citizen or permanent

resident in Malta within the meaning of article 5(1)(d).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 121D Corporate liability for offences under this title. — CRIMINAL CODE Open official source

Where an offence under this title has been committed by a

person who at the time of the said offence is the director, manager,

secretary or other principal officer of a body corporate or is a

person having a power of representation of such a body or having

an authority to take decisions on behalf of that body or having

authority to exercise control within that body and the said offence

was committed for the benefit, in part or in whole, of that body

2007. corporate, the said person shall for the purposes of this title be

deemed to be vested with the legal representation of the same body

corporate which shall be liable to the payment of a fine (multa) of

not less than twenty thousand euro (€20,000) and not more than

two million euro (€2,000,000), which fine may be recovered as a

civil debt and the sentence of the Court shall constitute an

e x e c ut i v e t i t l e f o r al l i n t e n t s a nd p u r p os e s o f t h e C o d e o f

Organization and Civil Procedure

Provided that where legal representation no longer vests in

the said person, for purposes of this article, legal representation

shall vest in the person occupying the office in his stead or in such

person as is referred to in this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 121E Applicability of article 248E(4) of the Code. — CRIMINAL CODE Open official source

The provisions of article 248E(4) shall apply mutatis

mutandis to any person found guilty of any of the offences under

this Sub-title.

O F A BUSES COMMITTED BY A DVOCATES AND

L EGAL P ROCURATORS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 122 Prevarication by advocate or legal procurator. — CRIMINAL CODE Open official source

Any advocate or legal procurator who, having already

commenced to act on behalf of one party, shall, in the same lawsuit,

or in any other involving the same matter and interest, in opposition

to such party or to any person claiming under him, change over,

without the consent of such party or person, and act on behalf of the

opposite party, shall, on conviction, be liable to a fine (multa), and

to temporary interdiction from the exercise of his profession for a

term from four months to one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 123 Betrayal of interests of client. — CRIMINAL CODE Open official source

Any advocate or legal procurator who shall betray the

interests of his client in such a manner that, in consequence of his

betrayal or deceitful omission, the client shall lose the cause, or any

right whatsoever shall be barred to his prejudice, shall, on

conviction, be liable to imprisonment for a term from seven to

eighteen months, and to perpetual interdiction from the exercise of

his profession.

O F M ALVERSATION BY P UBLIC O FFICERS AND S ERVANTS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 124 Private interest in adjudications, etc. — CRIMINAL CODE Open official source

Any public officer or servant who shall overtly or covertly

o r t h r o u g h an o t h er p e r s o n t a k e a n y p r i v a t e i n t e r e s t i n a n y

adjudication, contract, or administration, whether he holds wholly

or in part the direction or superintendence thereof, or held such

direction or superintendence at the time when such adjudication,

contract, or administration commenced, shall, on conviction, be

liable to imprisonment for a term from one to six months and to

perpetual interdiction from his public office or employment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 125 Private interest in the issuing of orders, etc. — CRIMINAL CODE Open official source

Any public officer or servant who takes any private

interest in any matter in respect of which he is entrusted with the

issuing of orders, the winding up of accounts, the making of

arrangements or payments of any sort, shall, on conviction, be

liable to the punishments laid down in the last preceding article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 126 Aggravating circumstance. — CRIMINAL CODE Open official source

Whenever, in the cases referred to in the last two

preceding articles, any loss is fraudulently caused to the

administration to which the matter belongs, the punishment shall be

imprisonment for a term from eighteen months to three years, with

interdiction as provided in those articles.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 127 Embezzlement. — CRIMINAL CODE Open official source

(1) Any public officer or servant who for his own private

gain or for the benefit of another person or entity, misapplies or

purloins any money, whether belonging to the Government or to

private parties, credit securities or documents, bonds, instruments,

or movable property, entrusted to him by virtue of his office or

employment, shall, on conviction, be liable to imprisonment for a

term from two to six years, and to perpetual general interdiction.

(2) The provisions of sub-article (1) shall, mutatis mutandis,

also apply to and in relation to any employee or other person when

directing or working in any capacity for or on behalf of a natural or

legal person operating in the private sector who knowingly, in the

course of his business activities, directly or through an

CRIMINAL CODE

intermediary and in breach of his duties, conducts himself in any

manner provided for in the said sub-article.

O F A BUSES RELATING TO P RISONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 128 Turnkey or gaoler taking person in custody without warrant. — CRIMINAL CODE Open official source

Any turnkey or gaoler who shall take any prisoner in

custody without a lawful warrant or order from a person authorized

by law to issue such warrant or order, shall, on conviction, be liable

to imprisonment for a term from one to three months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 129 Arbitrary acts or restrictions by turnkeys or gaolers. — CRIMINAL CODE Open official source

(1) Any turnkey or gaoler who shall subject any person

under his custody to any arbitrary act or restriction not allowed by

the prison regulations, shall, on conviction, be liable to the

punishment established in the last preceding article.

(2) Where the restriction or arbitrary act aforesaid of itself

constitutes a crime liable to an equal or a higher punishment, such

punishment shall be applied with an increase of one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 130 Detention of persons under arrest in place other than a public prison. — CRIMINAL CODE Open official source

Any public officer or servant who, without authority or

necessity, detains or causes to be detained, any person under arrest,

in any place other than a place appointed as a public prison, shall,

on conviction, be liable to imprisonment for a term from one to

three months or to a fine (multa).

O F THE R EFUSAL OF A S ERVICE LAWFULLY DUE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 131 Refusal to perform a lawful duty. — CRIMINAL CODE Open official source

Any public officer or servant who has under his orders the

civil police force and who, on a lawful request made by any

competent authority, fails to afford the assistance of such force,

shall, on conviction, be liable to imprisonment for a term from four

to six months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 132 Allegation of false excuse by juror, witness or referee. — CRIMINAL CODE Open official source

Any juror, witness or referee who, with the object of not

affording assistance to the competent authority lawfully requiring

such assistance, or of explaining his non-appearance before such

authority, alleges an excuse which is shown to be false, shall, in

addition to the punishment established for his non-appearance, be

liable, on conviction, to imprisonment for a term from one to three

months.

O F A BUSE OF A UTHORITY, AND OF B REACH OF D UTIES

PERTAINING TO A P UBLIC O FFICE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 133 Disclosing official secrets. — CRIMINAL CODE Open official source

Any public officer or servant who communicates or

publishes any document or fact, entrusted or known to him by

reason of his office, and which is to be kept secret, or who in any

manner facilitates the knowledge thereof, shall, where the act does

not constitute a more serious offence, be liable, on conviction, to

imprisonment for a term not exceeding one year or to a fine

(multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 134 Unlawful continuance in office or employment. — CRIMINAL CODE Open official source

Any public officer or servant who, having been dismissed,

interdicted, or suspended, and having had due notice thereof,

continues in the exercise of his office or employment, shall, on

conviction, be liable to imprisonment for a term from one to six

months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 135 Obstruction of execution of law by public functionaries. — CRIMINAL CODE Open official source

Any person vested with public authority who, by any

unlawful measures devised with o ther persons, hinder s the

e x e c u t i o n o f t h e l a w, s h a l l , o n c o n v i c t i o n , b e l i a b l e t o

imprisonment for a term from eighteen months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 135A Promotion of violence or racial hatred by public officers. — CRIMINAL CODE Open official source

Any public officer or servant who, under colour of his

office, creates or assumes leadership of a group which promotes

violence or racial hatred within the meaning of sub-articles (3) to

(6), both inclusive, of article 222A, shall, where the act committed

does not constitute a more serious offence, be liable to the

punishment of imprisonment for a term from one to five years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 136 Unlawful domiciliary entry by public officials. — CRIMINAL CODE Open official source

(1) Any public officer or servant who, under colour of his

office, shall, in cases other than those allowed by law, or without

the formalities prescribed by law, enter any house, or other building

or enclosure belonging to any person, shall, on conviction, be liable

to imprisonment for a term not exceeding three months or to a fine

(multa or ammenda).

(2) Where it is proved that the entry has taken place for an

unlawful purpose or for a private advantage, the offender shall, on

conviction, be liable to imprisonment for a term from one to twelve

months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 137 Failure or refusal of magistrates or Police to perform certain duties. — CRIMINAL CODE Open official source

Any magistrate who, in a matter within his powers, fails or

refuses to attend to a lawful complaint touching an unlawful

detention, and any officer of the Executive Police, who, on a

similar complaint made to him, fails to prove that he reported the

same to his superior authorities within twenty-four hours, shall, on

conviction, be liable to imprisonment for a term from one to six

months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 138 Malicious violation of official duties. — CRIMINAL CODE Open official source

Any public officer or servant who shall maliciously, in

violation of his duty, do or omit to do any act not provided for in

the preceding articles of this Title, to the oppression or injury of

any other person, shall, on conviction, be liable to imprisonment

for a term not exceeding three months or to a fine (multa)

Provided that the court may, in minor offences, award any

of the punishments established for contraventions.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 139 Aggravating circumstance. — CRIMINAL CODE Open official source

Where the injurious or oppressive act is one of those

mentioned in articles 86, 87, 88 and 89, the offender shall, on

conviction, be liable to the punishment laid down in those articles

respectively, increased by one degree.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 139A Torture and other cruel, inhuman or degrading treatment or punishment. — CRIMINAL CODE Open official source

Any public officer or servant or any other person acting

in an official capacity who intentionally inflicts on a person severe

pain or suffering, whether physical or mental -

(a) for the purpose of obtaining from him or a third person

information or a confession; or

(b) for the purpose of punishing him for an act he or a

third person has committed or is suspected of having

committed; or

(c) for the purpose of intimidating him or a third person or

of coercing him or a third person to do, or to omit to

do, any act; or

(d) for any reason based on discrimination of any kind,

shall, on conviction, be liable to imprisonment for a term from five

to nine years

Provided that no offence is committed where pain or

suffering arises only from, or is inherent in or incidental to, lawful

sanctions or measures

Provided further that nothing in this article shall affect the

applicability of other provisions of this Code or of any other law

providing for a higher punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 140 Additional punishment of interdiction. — CRIMINAL CODE Open official source

In the cases referred to in articles 133 to 139 inclusively,

the court may, in addition to the punishment therein laid down,

award the punishment of temporary or perpetual general

interdiction.

G ENERAL P ROVISION APPLICABLE TO PUBLIC O FFICERS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 141 General provision. — CRIMINAL CODE Open official source

Saving the cases where the law specifically prescribes the

punishment to which offences committed by public officers or

servants are subject, any public officer or servant who shall be

guilty of any other offence over which it was his duty to watch or

which by virtue of his office he was bound to repress, shall, on

conviction, be liable to the punishment laid down for such offence,

increased by one degree.

Sub-title V

O F THE V IOLATION OF P UBLIC A RCHIVES, P UBLIC O FFICES,

P UBLIC P LACES OF C ONFINEMENT, AND P UBLIC M ONUMENTS

O F THE B REAKING OF S EALS, AND OF THE P URLOINING OF

D OCUMENTS OR D EPOSITS FROM THE P UBLIC A RCHIVES OR

OTHER P UBLIC O FFICES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 142 Breaking of seals. — CRIMINAL CODE Open official source

(1) Whosoever shall be guilty of breaking any seal

affixed by order of a public authority, shall, on conviction, be liable

to imprisonment for a term from one to three months.

(2) Where there has been negligence on the part of the person

in charge, such person shall, for the mere negligence, be liable to

the same punishment laid down in sub-article (1).

(3) In either case, the court may, in lieu of the said punishment,

award a fine (multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 143 Theft aggravated by "breaking". — CRIMINAL CODE Open official source

Every theft committed by means of the breaking of any

seal affixed by order of a public authority shall be deemed to be a

theft aggravated by "breaking".

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 144 Embezzlement, etc., of documents, etc., from places of public deposit. — CRIMINAL CODE Open official source

(1) In cases of embezzlement, destruction, mutilation or

purloining of documents, records or other papers, registers, acts or

any effects whatsoever existing in the public archives, or in any

other public offices, or delivered to any public depositary or

functionary whatsoever in virtue of his office, the offender shall, on

conviction, be liable to a fine (multa) of not less than four hundred

and sixty-five euro and eighty-seven cents (€465.87) and not more

2007. than twenty-three thousand and two hundred and ninety-three euro and

seventy-three cents (€23,293.73) or to imprisonment for a term from

thirteen months to seven years or to both such fine and

imprisonment.

(2) Where there has been negligence on the part of the

archivist, registrar, recording officer, notary, or other functionary,

su ch archivist, registrar, r ecording officer, notary or o ther

functionary shall, for the mere negligence, be liable, on conviction,

to imprisonment for a term from four to six months or to a fine

(multa).

(3) Where the destruction, mutilation, damage, or alteration of

any thing referred to in sub-article (1) is caused through

imprudence, negligence, unskilfulness in an art or profession or

through non-observance of any regulation the offender shall be

liable to a fine (multa) of not more than nine thousand and three

hundred and seventeen euro and forty-nine cents (€9,317.49) or to

imprisonment for a term not exceeding three years or to both such

fine and imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 145 Aggravating circumstance of "violence". — CRIMINAL CODE Open official source

Where any of the crimes referred to in the preceding

articles of this Sub-title is committed with violence against the

person, the offender shall, on conviction, be liable to imprisonment

for a term from two to six years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 146 Fraudulent withdrawal of letters or packets. — CRIMINAL CODE Open official source

Repealed by: XVII.1996.19.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 147 Fraudulent retention, etc., of postal packets or parcels. — CRIMINAL CODE Open official source

Repealed by: XVII.1996.19.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 148 Unlawful opening of letters, etc., by post office officials. — CRIMINAL CODE Open official source

Repealed by: XVII.1996.19.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 149 Suppression of letters, etc., by post office officials. — CRIMINAL CODE Open official source

Repealed by: XVII.1996.19.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 150 Aggravation of punishment in the case of public officers. — CRIMINAL CODE Open official source

Saving the cases of negligence referred to in articles 142

and 144, any public officer or servant who shall, in the execution of

his office, commits or connives at any of the crimes mentioned in

the preceding articles of this Sub-title, shall, on conviction, be

liable to the punishment established for the crime, increased by one

degree, and to the punishment of perpetual general interdiction.

O F THE V IOLATION OF P UBLIC P LACES OF C ONFINEMENT, OF

THE E SCAPE OF P ERSONS IN C USTODY OR S USPECTED OR

S ENTENCED, AND OF THE H ARBOURING OF O FFENDERS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 151 Simple escape of a person sentenced. — CRIMINAL CODE Open official source

Any person under sentence and any other prisoner who

shall be guilty of simple escape or who escapes from the custody of

t h e p e r s o n o r p e r s o n s c h a rg e d w i t h h i s c u s t o d y, s h a l l , o n

conviction, be liable to imprisonment for a term of not less than six

months but not more than one year.

In this article ''prisoner'' means any person who is confined

in prison and includes a prisoner while he is being moved to or

from a prison or from one prison to another or while he is under

treatment or observation in any hospital.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 152 Prison breaking. — CRIMINAL CODE Open official source

Any prisoner who shall be guilty of escape from any place

of confinement or of punishment, or from a hospital where he is

under treatment or observation, or from the custody of the person

or persons charged with his custody, shall, when the escape has

been effected by violence on the person, or with breaching the

places mentioned, be liable, on conviction, to imprisonment for a

term from two years to four years saving any other punishment to

which he may be subject under any other provision of this Code or

any other law.

In this article ''prisoner'' has the same meaning assigned to

it in article 151.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 153 Negligence or imprudence of person charged with the custody, etc., of person escaping. — CRIMINAL CODE Open official source

Where the escape of any person under arrest or sentence

is effected in consequence of the negligence or imprudence of the

person charged with his custody, care or conveyance, the person so

charged shall, on conviction, be liable -

(a) if the party escaping is accused of, or sentenced for

any crime liable to a punishment not exceeding two

years’ imprisonment, or if he is in lawful custody for

any cause other than a crime, to imprisonment for a

term from one to three months;

(b) if the party escaping is accused of, or sentenced for

any crime liable to a punishment exceeding two years

but not exceeding five years’ imprisonment, to

imprisonment for a term from four to six months;

(c) if the party escaping is accused of, or sentenced for

any crime liable to a punishment exceeding five years’

imprisonment, to imprisonment for a term from seven

months to one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 154 Connivance, etc., of person charged with the custody, etc., of person escaping. — CRIMINAL CODE Open official source

Where the escape of any person under arrest or sentence is

effected with the connivance of or by bribing the person charged

with his custody, care, or conveyance, the person so charged shall,

in the cases referred to in paragraphs (a), (b) and (c) of the last

preceding article, be liable, on conviction, to imprisonment for the

term as respectively fixed in the said paragraphs, increased by one

degree and to the punishment of perpetual general interdiction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 155 Aggravating circumstances. — CRIMINAL CODE Open official source

The punishment laid down in the last two preceding

articles shall be increased by one degree, where the escape is

effected by any of the means mentioned in article 152, or by

conveying into the place of confinement or of punishment any

instrument or weapon to facilitate the escape.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 156 Aiding and abetting on the part of person not charged with the custody, etc., of person escaping. — CRIMINAL CODE Open official source

Whosoever, not being charged with the custody, care, or

conveyance of any person under arrest or sentence, shall facilitate

or be an accomplice in the escape of such person, shall, on

conviction, be liable to the punishment established for the person

so charged and conniving, decreased by one degree

Provided that in the cases referred to in the last preceding

article, the offender shall be liable to the same punishment

established for the person so charged and conniving.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 157 Assisting criminals to escape from Malta. — CRIMINAL CODE Open official source

Whosoever shall knowingly provide the means for

effecting an escape from Malta, whether of a person accused of a

crime or of a person under arrest or sentence for a crime, or of a

person under warrant of arrest for a crime, or of a person who has

committed a crime although not yet sentenced nor under arrest or

warrant of arrest, shall, on conviction, be liable -

(a) where the said crime as regards the fugitive is not

liable to a punishment exceeding two years’

imprisonment, to imprisonment for a term from one to

three months;

(b) where the said crime as regards the fugitive is liable to

a punishment exceeding two years’ but not five years’

CRIMINAL CODE

imprisonment, to imprisonment for a term from four to

six months;

(c) where the said crime as regards the fugitive is liable to

a punishment exceeding five years’ imprisonment, to

imprisonment for a term from seven months to one

year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 158 Harbouring of criminals. — CRIMINAL CODE Open official source

Whosoever shall knowingly harbour or cause to be

harboured any person against whom there is a warrant of arrest for

any offence liable to imprisonment for a term exceeding three

months, or for whom the Executive Police is searching for the

purpose of arresting him for any such offence, or who has escaped

from arrest for any such offence, shall, on conviction, be liable to

imprisonment for a term from three days to three months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 159 Exemptions. — CRIMINAL CODE Open official source

Nevertheless, the spouse, the ascendant or descendant, the

brother or sister, parents of either spouse, spouses of either child, the

uncle or aunt, the nephew or niece and the brother-in-law or sister-

in-law of any fugitive or person so harboured, shall be exempted

from the punishments laid down in the last two preceding articles.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 160 Escape from places of custody. — CRIMINAL CODE Open official source

The provisions of articles 151 to 159 inclusively shall

apply in the case of escape of any person lawfully confined from

any place appointed for his custody.

O F THE V IOLATION OF P UBLIC M ONUMENTS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 161 Damage to monuments, etc. — CRIMINAL CODE Open official source

Whosoever shall destroy, throw down, deface, or otherwise

damage any monument, statue, or other object of art, destined for

public utility or public embellishment, and erected by, or with the

permission of the public authority, shall, on conviction, be liable to

imprisonment for a term from six to eighteen months or to a fine

(multa) not exceeding three thousand and five hundred euro

(€3,500)

Provided that the court may, in minor cases, apply any of

the punishments established for contraventions.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 162 Violation of tombs. — CRIMINAL CODE Open official source

Whosoever shall violate any tomb or burial place, burial

place, or columbarium publicly acknowledged as such, shall, on

conviction, be liable to imprisonment for a term from nine months

to two years or to a fine (multa) not exceeding five thousand euro

(€5,000).

Title IV

OF CRIMES AGAINST THE RELIGIOUS SENTIMENT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 163 Vilification of the Roman Catholic Apostolic Religion. — CRIMINAL CODE Open official source

Repealed by Act XXXVII.2016.3.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 164 Vilification of other cults tolerated by law. — CRIMINAL CODE Open official source

Repealed by Act XXXVII.2016.3.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 165 Obstruction of religious services. — CRIMINAL CODE Open official source

(1) Whosoever impedes or disturbs the performance of

any function, ceremony or religious service of any religion

tolerated by law, which is carried out with the assistance of a

minister of religion or in any place of worship or in any public

place or place open to the public shall, if the impediment or

disturbance causes no serious danger to public order be liable to a

punishment of up to six months imprisonment and if such a serious

danger results the punishment shall be increased by one degree.

(2) If any act amounting to threat or violence against the person

is committed, the punishment shall be imprisonment for a term

from six months to two years.

Title V

O F C RIMES AFFECTING P UBLIC T RUST

Sub-title I

O F F ORGERY OF P APERS, S TAMPS AND S EALS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 166 Forgery of Government debentures. — CRIMINAL CODE Open official source

(1) Whosoever shall forge any Government debenture for

sums advanced on loan to the Government, shall, on conviction, be

liable to imprisonment for a term from three to five years, with or

without solitary confinement.

(2) The same punishment shall apply where the forgery

consists in opening a credit relative to such loan in the books of the

Government Treasury.

(3) Where the forgery consists in the endorsement of a genuine

Government debenture, the offender shall, on conviction, be liable

CRIMINAL CODE

to imprisonment for a term from thirteen months to four years, with

or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 167 Forgery of documents. — CRIMINAL CODE Open official source

(1) Whosoever shall forge any schedule, ticket, order or

other document whatsoever, upon the presentation of which any

payment may be obtained, or any delivery of goods effected, or a

deposit or pledge withdrawn from any public office or from any

bank or other public institution established by the Government, or

recogniz ed by any public act of t he Go ve rn m ent , sh al l, on

conviction, be liable to imprisonment for a term from thirteen

months to four years, with or without solitary confinement.

(2) The same punishment shall apply where the crime consists

in the forgery of any entry in the books of any such office, bank or

other institution, relating to any such payment, goods, deposit, or

pledge.

(3) Where the forgery consists only in the endorsement of a

genuine schedule, ticket, order, or document, the offender shall, on

conviction, be liable to imprisonment for a term from nine months

to three years, with or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 168 Forgery of Government debentures and documents by public officers. — CRIMINAL CODE Open official source

(1) Any public officer or servant who, by abuse of his

office or employment, becomes guilty of any of the crimes referred

to in the last two preceding articles, shall, on conviction, be liable

to the punishment therein prescribed for any such crime, increased

by one degree.

(2) The same punishment shall apply to any public officer or

servant who shall knowingly re-issue any order for payment of

money or any of the documents mentioned in the last preceding

article, after the payment or the delivery of the goods obtainable

upon the presentation of such order or document has been effected.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 169 Use of forged debentures or documents. — CRIMINAL CODE Open official source

Whosoever shall knowingly make use of any of the

instruments specified in articles 166, 167 and 168 shall, on

conviction, be liable to the same punishment as the principal

offender.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 170 Forgery of Government, judicial or official acts. — CRIMINAL CODE Open official source

(1) Whosoever shall forge any act containing an order or

resolution of the Government of Malta, and whosoever shall forge

any judgment, decree, or order of any court, judge, magistrate, or

public officer, whereby any obligation is imposed or terminated, or

any claim allowed or disallowed, or whereby any person is

acquitted or convicted on any criminal charge, shall, on conviction,

be liable to imprisonment for a term from two to four years, with or

without solitary confinement.

(2) Whosoever shall knowingly make use of any such forged

act, judgment, decree or order, shall, on conviction, be liable to the

same punishment as the principal offender.

(3) Where the person guilty of any of the crimes referred to in

this article is a public officer or servant specially charged with the

drawing up, registration, or custody of any such act, judgment,

decree or order, the punishment shall be increased by one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 171 Counterfeiting the Public Seal of Malta. — CRIMINAL CODE Open official source

Whosoever shall counterfeit the Public Seal of Malta, or

shall knowingly make use of such counterfeited seal, shall, on

conviction, be liable to imprisonment for a term from three to five

years, with or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 172 Counterfeiting of seals, stamps, or other Government marks. — CRIMINAL CODE Open official source

(1) Whosoever, except in the cases referred to in the last

preceding article, shall counterfeit any seal, stamp, or other mark,

used for sealing, stamping, marking, authenticating or certifying, in

the name of the Government or of any of the authorities thereof,

documents or effects, whether public or private property, or which

are under the public guarantee, shall, on conviction, be liable to

imprisonment for a term from thirteen months to three years, with

or without solitary confinement.

(2) Whosoever shall knowingly make use of any such seal,

stamp, or mark and whosoever shall knowingly and without lawful

authority be in possession of the said objects, shall be liable to the

same punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 173 Counterfeiting postage stamps, and making use of same. — CRIMINAL CODE Open official source

Whosoever shall counterfeit postage stamps, or shall

knowingly make use of counterfeited postage stamps, shall, on

conviction, be liable to imprisonment for a term not exceeding two

years, with or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 174 Possessing counterfeited postage stamps, dies, etc. — CRIMINAL CODE Open official source

(1) Whosoever, without the special permission of the

Government, shall knowingly keep in his possession counterfeited

postage stamps, dies, machines or instruments intended for the

manufacture of postage stamps, shall, on conviction, be liable to

the punishment established in the last preceding article.

(2) The provisions contained in this and in the last preceding

article shall also apply in regard to any stamp denoting a rate of

postage of any foreign country.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 175 Purchasing or having in possession certain paper before it has been duly stamped and issued. — CRIMINAL CODE Open official source

The same punishment established in article 173 shall apply

to any person who, without lawful authority or excuse, (the proof

whereof shall lie on the person accused), knowingly purchases or

receives, or takes or has in his custody or possession any paper

exclusively manufactured or provided by or under the authority of

the Government of Malta, for use as envelopes, wrappers or

postage stamps, and for receiving the impression of stamp dies,

plates or other instruments provided, made or used by or under the

authority of the Government for postal purposes, before such paper

has received such impression and has been issued for public use.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 176 Act of counterfeiting Public Seal of Malta, stamps, etc., defined. — CRIMINAL CODE Open official source

There shall be forgery within the meaning of articles 171

and 172, not only if a false instrument is made or affixed but also if

the genuine instrument is fraudulently affixed.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 177 Punishment for counterfeiting Public Seal of Malta, stamps, etc., when committed by public officers. — CRIMINAL CODE Open official source

Where the person guilty of any of the crimes referred to in

articles 171, 172 and 176 is a public officer or servant charged with

the direction, custody, or proper application of the seals, stamps, or

other instruments, the punishment shall be increased by one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 178 Exemption from punishment. — CRIMINAL CODE Open official source

Any person guilty of any of the crimes referred to in

articles 166 to 177 inclusively, shall be exempted from punishment

if, before the completion of such crime and previously to any

proceedings, he shall have given the first information thereof and

revealed the offenders to the competent authorities.

Sub-title II

O F F ORGERY OF OTHER P UBLIC OR P RIVATE W RITINGS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 179 Forgery of acts by public officer. — CRIMINAL CODE Open official source

Saving the cases referred to in the preceding Sub-title, any

public officer or servant who shall, in the exercise of his functions,

commit forgery by any false signature, or by the alteration of any

act, writing, or signature, or by inserting the name of any

supposititious person, or by any writing made or entered in any

register or other public act, when already formed or completed,

shall, on conviction, be liable to imprisonment for a term from two

to four years, with or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 180 Fraudulent alteration of acts by public officer. — CRIMINAL CODE Open official source

Any public officer or servant who, in drawing up any act

within the scope of his duties, shall fraudulently alter the substance

or the circumstances thereof, whether by inserting any stipulation

different from that dictated or drawn up by the parties, or by

declaring as true what is false, or as an acknowledged fact a fact

which is not acknowledged as such, shall, on conviction, be liable

to the punishment established in the last preceding article or to

imprisonment for a term from eighteen months to three years, with

or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 181 Delivery of writings falsely purporting to be copies of public acts which do not exist. — CRIMINAL CODE Open official source

Any public officer or servant who shall give out any

writing in a legal form, representing it to be a copy of a public act

when such act does not exist, shall, on conviction, be liable to

imprisonment for a term from thirteen months to two years, with or

without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 182 Delivery of copies of acts differing from the original. — CRIMINAL CODE Open official source

(1) The punishment laid down in the last preceding

article shall be applied where the forgery is committed by the

public officer or servant on a legal and authentic copy, by giving

out the same in virtue of his office, in a manner contrary to or

d i ff e r e n t f r o m t h e o r i g i n a l , w i t h o u t t h i s b e i n g a l t e r e d o r

suppressed.

(2) Where such copy is so given out by the mere negligence of

the public officer or servant, he shall, on conviction, be liable to a

fine (multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 183 Forgery of public, commercial or private bank documents by person not being a public officer. — CRIMINAL CODE Open official source

Any other person who shall commit forgery of any

authentic and public instrument or of any commercial document or

private bank document, by counterfeiting or altering the writing or

signature, by feigning any fictitious agreement, disposition,

obligation or discharge, or by the insertion of any such agreement,

disposition, obligation or discharge in any of the said instruments

or documents after the formation thereof, or by any addition to or

alteration of any clause, declaration or fact which such instruments

o r d o c u m e n t s w e r e i n t e n d e d t o co n t a i n o r p r o v e , s h a l l , o n

conviction, be liable to imprisonment for a term from thirteen

months to four years, with or without solitary confinement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 184 Malicious use of false documents. — CRIMINAL CODE Open official source

Any person who shall knowingly make use of any of the

false acts, writings, instruments or documents mentioned in the

preceding articles of this Sub-title, shall, on conviction, be liable to

the punishment established for the forger.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 185 Issue of false declarations or certificates. — CRIMINAL CODE Open official source

(1) Saving the cases referred to in the preceding articles

of this Title, where any public officer or servant who, by reason of

his office, is bound to make or issue any declaration or certificate,

shall falsely make or issue such declaration or certificate, he shall,

on conviction, be liable to imprisonment for a term from nine

months to three years.

(2) Where the falsification is committed by any person, other

than a public officer or servant acting with abuse of authority, the

punishment shall be imprisonment for a term from seven months to

two years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 186 Malicious use of false declarations or certificates. — CRIMINAL CODE Open official source

Whosoever shall knowingly make use of any of the

documents mentioned in the last preceding article, shall, on

conviction, be liable to the same punishment established for the

author thereof.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 187 Forgery of private writings. — CRIMINAL CODE Open official source

(1) Whosoever shall, by any of the means specified in

article 179, commit forgery of any private writing tending to cause

injury to any person or to procure gain, shall, on conviction, be

liable to imprisonment for a term from seven months to three years,

with or without solitary confinement.

(2) Whosoever shall knowingly make use thereof, shall be

liable to the same punishment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 187A Fraudulent breach of particular agreement with a Government department. — CRIMINAL CODE Open official source

Whosoever fraudulently breaches an agreement with a

Government department referring to this article and made in terms of a

specific law providing for the extinction or postponement of any

criminal action apart from providing for the delayed payment of any

sum due or for any other concession, exemption or advantage shall on

conviction, be liable to the punishment of imprisonment for a period not

exceeding four (4) years, or to a fine (multa) not exceeding two million

and five hundred thousand euro (€2,500,000), or to both such fine and

imprisonment.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 187B Breaching the conditions of a particular agreement with a Government department without just cause. — CRIMINAL CODE Open official source

Whosoever, after entering into an agreement with a

Government department referring to this article and made in terms of a

specific law providing for the extinction or postponement of any

criminal action apart from providing for the delayed payment of any

sum of money due or for any other concession, exemption or advantage,

breaches without a reasonable cause the conditions of the agreement

shall on conviction, be liable to the punishment of imprisonment for a

term not exceeding two (2) years, or to a fine (multa) not exceeding five

hundred thousand euro (€500,000), or to both such fine and

imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 187C Institution of action under articles 187A and 187B and consequence of conviction. — CRIMINAL CODE Open official source

Proceedings under articles 187A and 187B may only be

instituted upon the complaint of the Commissioner for Tax and Customs

and upon conviction for any offence provided in article 187A, any

material advantage or benefit obtained by the accused through the

agreement shall be deemed to constitute proceeds of crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188 False declarations or information to a public authority. — CRIMINAL CODE Open official source

(1) Whosoever, in order to gain any advantage or benefit

for himself or others, shall, in any document intended for any

public authority, knowingly make a false declaration or statement,

or give false information, shall, on conviction, be liable to the

punishment of imprisonment for a term not exceeding two years or

to a fine (multa)

Provided that nothing in this article shall affect the

applicability of any other law providing for a higher punishment.

(2) Where the document referred to in sub-article (1) is not one

intended for any public authority the punishment shall be that of

imprisonment not exceeding one year or a fine (multa).

Sub-title III

OF COUNTERFEITING OF CURRENCY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188A Reference to currency. — CRIMINAL CODE Open official source

For the purposes of the following provisions of this Sub-

title, any reference to the term "currency" shall be a reference to

euro banknotes or euro coins or any other note or coin by whatever

name called, which is legal tender in the country outside Malta in

which it is issued and which is designated for circulation as legal

tender, even if it has not been issued yet.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188B Forgery and uttering of currency. — CRIMINAL CODE Open official source

(1) Whosoever fraudulently makes, alters, or forges any

currency or utters any forged currency knowing the same to be

forged shall be liable, on conviction, to imprisonment for a term of

not less than two years and not exceeding nine years

Provided that where the forged currency is uttered by a

person who proves that at the time at which it came into his custody

o r p o s s e s s i o n h e d i d n o t k n o w t h e s a m e t o b e f o rg e d , t h e

punishment shall be reduced to a term of imprisonment of not less

than two months and not exceeding three years.

(2)

Whosoever makes use of legal facilities or materials to

manufacture any currency in violation of the rights and conditions

under which such facilities or materials are to be used shall be

liable, on conviction, to imprisonment for a term of not less than

two years and not exceeding ten years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188C Import, export, transportation and possession of forged currency. — CRIMINAL CODE Open official source

Whosoever without lawful authority imports, exports,

transports, purchases, receives, obtains, or has in his custody or

possession forged currency knowing the same to be forged shall be

liable, on conviction, to imprisonment for a term of not less than

thirteen months and not exceeding five years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188D Making, receiving, obtaining or having in possession paper or implements for forgery. — CRIMINAL CODE Open official source

Whosoever without lawful authority -

(a) makes, receives, obtains, uses or knowingly has in his

custody or possession, any paper intended to resemble

and pass as special paper such as is provided and used

for the making of any currency note, or any such

special paper;

(b)

makes, receives, obtains, uses or knowingly has in his

custody or possession, any frame, mould or instrument

for making such paper, or for producing in or on such

paper any words, figures, letters, marks, lines, or

devices, peculiar to and used in or on any such paper;

(c) engraves or in any way makes upon any plate, wood,

stone, or other material, or produces in electronic or

digital form, any words, figures, letters, marks, lines

or devices, the print whereof resembles in whole or in

part the words, figures, letters, marks, lines or devices,

peculiar to and used in or on any currency;

(d) makes, receives, obtains, uses or knowingly has in his

custody or possession any plate, wood, stone or other

material, or any other electronic or digital storage

device upon which any such words, letters, figures,

marks, lines, or devices, have been engraved, produced

or stored in electronic or digital form, or in any way

made as aforesaid;

(e) makes, receives, obtains, uses or knowingly has in his

custody or possession any paper or other material

whatsoever made upon which any such words, figures,

letters, marks, lines, devices, holograms or other

components or security features which serve to protect

against counterfeiting, have been printed or in any way

made as aforesaid;

(f)

makes, receives, obtains, uses or knowingly has in his

custody or possession instruments, articles, computer

programmes and data, and any other means

specifically adapted for the counterfeiting or altering

of currency;

(g) makes, receives, obtains, uses or knowingly has in his

custody or possession any die or other instrument or

machine exclusively intended for coinage,

shall be liable, on conviction, to imprisonment for a term of not

CRIMINAL CODE

less than thirteen months and not exceeding five years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188E Mutilation and defacement of currency. — CRIMINAL CODE Open official source

Whosoever without lawful authority or lawful or

reasonable excuse mutilates, cuts, tears, melts down, impairs, or

perforates with holes, any currency or in any way defaces any

currency by writing, printing, drawing, or by any means

whatsoever, or stamping thereon, or by attaching or affixing thereto

anything in the nature or form of an advertisement, shall be liable,

on conviction, to a fine (multa) not exceeding one hundred and

fifteen euro (€115).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188F Consultation with the Central Bank of Malta. — CRIMINAL CODE Open official source

(1) If, in the course of criminal proceedings, the court

deems it necessary to order the destruction of counterfeit currency,

it shall consult with the Central Bank of Malta beforehand and

shall, if and as the Central Bank of Malta may require, refrain from

ordering their destruction and proceed to consign such currency to

the Central Bank of Malta for examination.

(2) If, in the course of criminal proceedings, the need arises for

the analysis, identification and detection of further counterfeits, upon

request by the prosecution, the Court shall without delay, transmit any

exhibited samples to the Central Bank of Malta for furt her

examination, provided that a report by an expert appointed by that

Court is made and presented beforehand containing copies of such

samples and all material facts relating to such sample or samples.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188G Medals and tokens similar to euro coins. — CRIMINAL CODE Open official source

(1) In accordance with the provisions of Council

Regulation (EC) No 2182/2004 concerning medals and tokens

similar to euro coins, and as subsequently amended, whosoever,

unless authorised by the Commission of the European Union,

produces, sells, imports or distributes fo r sale or f or other

commercial purposes medals and tokens, other than exempted

medals and tokens as provided in the said Regulation, similar to

euro coins, shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding twenty-three thousand euro

(€23,000), or to imprisonment for a term not exceeding six months,

or to both such fine and imprisonment.

(2) The provisions of sub-article (1) shall not apply to medals

and tokens issued before 6 December 2004.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188H Liability of legal persons. — CRIMINAL CODE Open official source

The provisions of articles 121D and 248E(4) shall apply

mutatis mutandis to offences under articles 188B to 188D.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 188I Persons against whom criminal action may be brought under this sub-title. — CRIMINAL CODE Open official source

Saving the provisions of article 5 and any other provisions of

this Code or of any other law conferring jurisdiction upon the courts of

Malta to try offences, the criminal action referred to in this sub-title of

this Code may be prosecuted in Malta according to the provisions of this

sub-title

(a) against any person who commits an offence in Malta, or on

the sea in any place within the territorial jurisdiction of

Malta, both if the offence takes place wholly or partly in

the territory of Malta;

(b) against any person who commits the offences referred to in

articles 188B and 188C, where counterfeit euro banknotes

or euro coins are detected in the territory of Malta and also

if the counterfeiting has taken place outside of Malta.

G ENERAL P ROVISIONS APPLICABLE TO THIS T ITLE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 189 Other kinds of forgery and use of forged documents. — CRIMINAL CODE Open official source

Whosoever shall commit any other kind of forgery, or

shall knowingly make use of any other forged document, not

provided for in the preceding articles of this Title, shall be liable to

imprisonment for a term not exceeding six months, and if he is a

public officer or servant actin g with abuse of his office or

employment, he shall be punishable with imprisonment for a term

from seven months to one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 189A Definition of document, etc. — CRIMINAL CODE Open official source

For the purposes of this Title, "document", "instrument",

"writing" and "book" include any card, disc, tape, soundtrack or

other device on or in which information is or may be recorded or

stored by mechanical, electronic or other means.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190 Additional punishment of perpetual general interdiction. — CRIMINAL CODE Open official source

In all crimes of forgery when committed by public officers

or servants, the punishment of perpetual general interdiction shall

always be added to the punishment laid down for the crime.

Sub-title III

OF FRAUD AGAINST THE EUROPEAN UNION’S

FINANCIAL INTERESTS

The measures in this Sub-title transpose the provisions of Directive

(EU) 2017/1371 of the European Parliament and of the Council of 5

July 2017 on the fight against fraud to the Union's financial interests

by means of criminal law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190A Scope and applicability. — CRIMINAL CODE Open official source

(1) This Sub-title establishes rules concerning the

combating of fraud and other illegal activities affecting the European

Union’s financial interests.

(2)

In respect of revenue arising from VAT own resources, this

Sub-title shall apply only in cases of serious offences against the

common VAT system. For the purposes of this Sub-title, offences

against the common VAT system shall be considered to be serious

where the intentional acts or omissions defined in paragraph (d) of

article 190C are connected with the territory of Malta and another

Member State or Member States of the European Union and involve a

CRIMINAL CODE

total damage of at least ten million euro (€10,000,000).

(3)

Nothing in this Sub-title shall affect the structure and

functioning of the tax administration of Malta.

(4)

The sanctions for the offences under this Sub-title shall be

without prejudice to the exercise of disciplinary powers by the

competent authorities against public officers.

(5)

The application of administrative measures, penalties and

fines as laid down in European Union law, in particular those within

the meaning of Articles 4 and 5 of Regulation (EC, Euratom) No.

2988/95, or in national law adopted in compliance with a specific

obligation under European Union law, shall be without prejudice to

this Sub-title. Any criminal proceedings initiated on the basis of this

Sub-title shall not unduly affect the proper and effective application of

administrative measures, penalties and fines that cannot be equated to

criminal proceedings, laid down in European Union or national law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190B Interpretation. — CRIMINAL CODE Open official source

For the purposes of this Sub-title the following definitions,

unless the context otherwise requires, shall apply

"public officer" shall have the same meaning as is

assigned to it in article 92 and shall also include a Union official

or a national official of a Member State of the European Union

and any national official of a third country;

(i)

"Union Official" means a person who is

-

an official or other servant engaged

under contract by the European Union within the

meaning of the Staff Regulations of Officials and

the Conditions of Employment of Other Servants

of the European Union laid down in Council

Regulation (EEC, Euratom, ECSC) No. 259/68

(the ‘Staff Regulations’), or

-

seconded to the European Union by

a Member State or by any public or private body,

who carries out functions equivalent to those

performed by Union officials or other servants

Provided that, without prejudice to the

provisions on privileges and immunities contained in

Protocols No. 3 and No. 7 annexed to the Treaty on

European Union and the Treaty on the Functioning of the

European Union, Members of the European Union

institutions, bodies, offices and agencies, set up in

accordance with the Treaties and the staff of such bodies

shall be assimilated to Union officials, inasmuch as the

Staff Regulations do not apply to them;

(ii)

"national official" shall include any person

holding an executive, administrative or judicial office at

national, regional or local level. Any person holding a

legislative office at national, regional or local level shall

be assimilated to a national official;

(iii)

any other person assigned and exercising

a public service function involving the management of

or decisions concerning the Union’s financial interests in

Member States or third countries;

"European Union’s financial interests" shall mean all revenues,

expenditure and assets covered by, acquired through, or due to

(a)

the European Union budget;

(b)

the budgets of the European Union institutions,

bodies, offices and agencies established pursuant to the Treaties

or budgets directly or indirectly managed and monitored by

them.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190C Fraud affecting the Union’s financial interests. — CRIMINAL CODE Open official source

(1) Whosoever intentionally commits fraud affecting the

European Union’s financial interests shall be liable, on conviction, to

imprisonment for a term of six (6) months to four (4) years.

(2)

For the purposes of this Sub-title, the following shall be

regarded as fraud affecting the European Union’s financial interests

(a) in

respect

of

non-procurement-related

expenditure, any act or omission relating to

(i)

the use or presentation of false, incorrect

or incomplete statements or documents, which has as its

effect the misappropriation or wrongful retention of

funds or assets from the European Union budget or

budgets managed by the European Union, or on its

behalf;

(ii)

non-disclosure of information in violation

of a specific obligation, with the same effect; or

(iii) the misapplication of such funds or assets

for purposes other than those for which they were

originally granted;

(b)

in respect of procurement-related expenditure, at

least when committed in order to make an unlawful gain for the

perpetrator or another by causing a loss to the European Union's

financial interests, any act or omission relating to

(i)

the use or presentation of false, incorrect

CRIMINAL CODE

or incomplete statements or documents, which has as its

effect the misappropriation or wrongful retention of

funds or assets from the European Union budget or

budgets managed by the European Union, or on its

behalf;

(ii)

non-disclosure of information in violation

of a specific obligation, with the same effect; or

(iii) the misapplication of such funds or assets

for purposes other than those for which they were

originally granted, which damages the European Union's

financial interests;

(c)

in respect of revenue other than revenue arising

from VAT own resources referred to in paragraph (d), any act or

omission relating to

(i)

the use or presentation of false, incorrect

or incomplete statements or documents, which has as its

effect the illegal diminution of the resources of the

European Union budget or budgets managed by the

European Union, or on its behalf;

(ii)

non-disclosure of information in violation

of a specific obligation, with the same effect; or

(iii) misapplication of a legally obtained

benefit, with the same effect;

(d)

in respect of revenue arising from VAT own

resources, any act or omission committed in cross-border

fraudulent schemes in relation to

(i)

the use or presentation of false, incorrect

or incomplete VAT-related statements or documents,

which has as an effect the diminution of the resources of

the European Union budget;

(ii)

non-disclosure of VAT-related information

in violation of a specific obligation, with the same effect;

or

(iii) the presentation of correct VAT-related

statements for the purposes of fraudulently disguising

the non-payment or wrongful creation of rights to VAT

refunds.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190D Penalties. — CRIMINAL CODE Open official source

(1) Any public officer who, directly or through an

intermediary, requests or receives advantages of any kind for himself

or for a third party, or accepts a promise of such an advantage, to act or

to refrain from acting in accordance with his duty or in the exercise of

his functions in a way which damages or is likely to damage the

European Union's financial interests shall be liable, on conviction, to

imprisonment for a term of six (6) months to four (4) years.

(2) Whosoever promises, offers or gives, directly or through an

intermediary, an advantage of any kind to a public officer for himself

or for a third party for him to act or to refrain from acting in

accordance with his duty or in the exercise of his functions in a way

which damages or is likely to damage the European Union's financial

interests shall on conviction be liable to a term of imprisonment of six

(6) months to four (4) years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190E Mis- appropriation against the European Union’s financial interests. — CRIMINAL CODE Open official source

Any public officer who is directly or indirectly entrusted

with the management of funds or assets, and who commits or disburses

funds or appropriates or uses assets contrary to the purpose for which

they were intended in any way which damages the European Union’s

financial interests shall be liable, on conviction, to imprisonment, for a

term of three (3) to eighteen (18) months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190F Incitement, aiding and abetting and attempts. — CRIMINAL CODE Open official source

Whosoever incites, aids, abets or attempts any offence under

articles 190C, 190D or 190E shall be guilty of an offence and shall be

liable on conviction to the punishment laid down for the offence aided,

abetted or instigated.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190G Corporate liability for offences under this Sub-title. — CRIMINAL CODE Open official source

(1) Where any offence under this Sub-title is committed

for the benefit, in part or in whole, of a body corporate by a person

acting individually or as part of an organ of the body corporate, and

having a leading position within the body corporate, based on

(a)

a power of representation of the body corporate,

(b)

an authority to take decisions on behalf of the

body corporate, or

(c)

an authority to exercise control within the body

corporate,

such body corporate shall be liable to the payment of a fine (multa) of

not less than twenty thousand euro (€20,000) and not more than two

million euro (€2,000,000), which fine may be recovered as a civil debt

and the sentence of the Court shall constitute an executive title for all

intents and purposes of the Co de o f O rga ni zat i on and Ci vi l

Procedure.

(2)

A body corporate shall also be held liable for an offence

under this Sub-title where the lack of supervision or control by a

person referred to in sub-article (1) has made possible the commission

of the offence, by any person under its authority, for the benefit of that

body corporate, which shall upon conviction be liable to the

punishment laid down in sub-article (1).

CRIMINAL CODE

(3)

Corporate liability pursuant to sub-articles (1) and (2) shall

not exclude the possibility of criminal proceedings against natural

persons who are perpetrators of the criminal offences referred to in

articles 190C, 190D or 190E or who are criminally liable under article

190F. (4)

Without prejudice to the application of the punishments

under sub-articles (1) and (2), where a body corporate is held liable

pursuant to this article the following sanctions may simultaneously be

applied

(a)

exclusion from entitlement to public benefits or

aid;

(b)

temporary or permanent exclusion from public

tender procedures;

(c)

the suspension or cancellation of any licence,

permit or other authority to engage in any trade, business or

other commercial activity;

(d)

placing under judicial supervision;

(e)

the compulsory winding up of the body corporate;

or

(f)

the temporary or permanent closure of

establishments which have been used for the commission of the

criminal offence.

(5)

This article shall not apply to States or public bodies

exercising State authority, or to public international organisations.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190H Considerable damage or advantage. — CRIMINAL CODE Open official source

(1) Where the offences referred to in articles 190C,

190D, 190E and 190F involve considerable damage or advantage, the

offender shall be liable, on conviction, to imprisonment, for a term of

four (4) to eight (8) years.

(2)

The damage or advantage resulting from the criminal

offences referred to in article 190C(2)(a), (b), (c) and articles 190D

and 190E shall be presumed to be considerable where the damage or

advantage involves more than one hundred thousand euro (€100,000).

(3)

The damage or advantage resulting from criminal offences

referred to in article 190C(2)(d) and in respect of article 190A(2) shall

always be deemed to be considerable.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190I Aggravating circumstances. — CRIMINAL CODE Open official source

The punishment for the offences referred to in articles

190C, 190D, 190E and 190F shall be increased by one to two degrees

where the offence was committed within the framework of a criminal

organisation within the meaning of Council Framework Decision

2008/ 841/JHA of 24 October 2008 on the fight against organised

crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190J Jurisdiction. — CRIMINAL CODE Open official source

(1)

Article 121C shall apply mutatis mutandis to the

offences under this Sub-title.

(2)

Without prejudice to the generality of sub-article (1), the

Maltese courts shall also have jurisdiction over the offences laid down

in this Sub-title where the offender is subject to the Staff Regulations

of Officials of the European Union at the time of commission of the

criminal offence, and that person is at the same time a citizen or

permanent resident in Malta within the meaning of article 5(1)(d)

Provided that the application of this sub-article shall fully respect

the principle of ne bis in idem.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 190K Recovery. — CRIMINAL CODE Open official source

(1) This Sub-title shall be without prejudice to the

recovery of any VAT not paid in the context of the commission of the

offences referred to in article 190C(2)(d) or in articles 190D, 190E or

190F. (2) This Sub-title shall be without prejudice to the application of

any administrative measures, penalties and fines laid down in law, and

any criminal proceedings initiated pursuant to this Sub-title shall not

u n d u l y a ff e c t t h e p r o p e r a n d e ff e c t i v e a p p l i c a t i o n o f s u c h

administrative measures, penalties and fines.

Title VI

O F C RIMES AGAINST P UBLIC T RADE

O F B ANKRUPTCY O FFENCES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 191 Fraudulent bankruptcy. — CRIMINAL CODE Open official source

A bankrupt trader shall be declared guilty of fraudulent

bankruptcy and shall be punishable with imprisonment for a term

from eighteen months to three years, in each of the cases following

(a) if he conceals or falsifies his books;

(b) if he misapplies, conceals or dissembles any part of his

assets;

(c) if he simulates fictitious debts;

(d) if in his books or in any public or private writing he

fraudulently acknowledges himself debtor of any sum

which is not due.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 192 Circumstances which give rise to simple bankruptcy. — CRIMINAL CODE Open official source

A bankrupt trader shall be declared guilty of simple

bankruptcy and shall be punishable with imprisonment for a term

from seven months to one year, in each of the cases following

(a) if his personal expenses or those of his family have

been excessive, having regard to his means;

(b) if he has spent a considerable part of his estate in

purely hazardous or obviously rash transactions;

(c) if, with the object of delaying his bankruptcy, he has

purchased goods with the intention of re-selling them

below the market value and has actually so re-sold

them, or if he has had recourse to loans, to

indorsement of mercantile documents or to other

ruinous means for the purpose of obtaining funds;

(d) if, after having stopped payments, he has continued to

carry on business;

(e) if, after having stopped payments, he has paid or given

any undue preference to any creditor to the prejudice

of the general body of creditors

Provided that the court may, according to circumstances,

decrease the punishment laid down in this article, from one to three

degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 193 Bankruptcy of broker. — CRIMINAL CODE Open official source

Any broker who, in the course of the habitual exercise of

his trade, becomes a bankrupt, shall be liable to the punishment laid

down in the last preceding article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 194 Circumstances which may give rise to simple bankruptcy. — CRIMINAL CODE Open official source

A bankrupt trader can be declared guilty of simple

bankruptcy and be liable to the punishment laid down in article

192, in each of the cases following

(a) if he has not kept the books prescribed by law, or has

irregularly kept such books, or if such books do not

show his true financial position, (debit and credit);

(b) if, being lawfully summoned for examination before

the competent authority and not being lawfully

prevented, he fails to attend within the period fixed for

his appearance.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 195 Complicity in bankruptcy. — CRIMINAL CODE Open official source

Complicity in bankruptcy shall be restricted solely to those

persons who collude with the bankrupt to defraud his creditors

Provided that no charge of complicity shall lie against

any person -

(a) who, having simulated claims against the bankrupt,

shall not have made such claims in the bankruptcy

proceedings, either in his own name or through an

intermediary;

(b) who, having colluded with the bankrupt for

misapplying, concealing, or dissembling any part of

his assets, shall first disclose the fact to the competent

authority and shall furnish or indicate the means by

which the things misapplied, concealed, or dissembled

may be recovered.

Title VII

OF CRIMES AFFECTING THE DIGNITY OF PERSONS

Sub-title I

O F C RIMES RELATING TO THE R ECIPROCAL D UTIES OF THE

M EMBERS OF A F AMILY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 196 Bigamy. — CRIMINAL CODE Open official source

Any

(a) spouse;

(b) civil union partner; or

(c) cohabitant in a registered or unilaterally declared

cohabitation according to the Cohabitation Act, or a

registered cohabitation by means of a public deed in

accordance to the Cohabitation Act, 2020,

who, during the subsistence of a valid and lawful marriage, civil

union or cohabitation, contracts another marriage, civil union or

cohabitation, shall, on conviction, be liable to imprisonment for a term

from thirteen (13) months to four (4) years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 196A Bigamy involving a civil union and cohabitation. — CRIMINAL CODE Open official source

Deleted by XXVII.2020.34.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 197 Prostituting of descendant under age by ascendant. — CRIMINAL CODE Open official source

(1) Any ascendant by consanguinity or affinity who, by

the use of violence or by threats, compels, or, by deceit, induces

any descendant under age to prostitution, shall, on conviction, be

liable to imprisonment for a term from six to twelve years.

(2) The same punishment shall be applied to anyone of the

spouses or tutor who, by the use of violence or by threats, compels,

or, by deceit, induces to prostitution his or her spouse under age or

the minor under his or her tutorship.

(3) If the ascendant or any one of the spouses, by the use of

vi o l e n c e o r b y th r e a t s , co m pe l s , or, b y d e c e i t , in d u c e s t h e

descendant or his or her spouse, of age, to prostitution, he or she

shall, on conviction, be liable to imprisonment of a term from three

to six years.

(4)

The punishment prescribed for the crimes referred to in the

CRIMINAL CODE

preceding sub-articles shall be increased by one to two degrees in the

cases referred to in article 202, as applicable.

(5) A conviction under this article shall entail the forfeiture of

every authority and right granted to the offender over the person or

property of the spouse or of the descendant to whose prejudice the

offence shall have been committed, and, in the case of the tutor, his

removal from the tutorship and his perpetual disability from

holding the office of tutor

Provided that where the rights of the offender over the

person to whose prejudice the offence has been committed consists

of rights of parental authority the forfeiture provided for in this

sub-article shall not apply automatically but may be imposed by the

court after it has considered all the circumstances of the case and in

imposing such forfeiture the court may also impose conditions

Provided further that in the cases referred to in the above

proviso the court may, upon the application of the offender, and

only after appointing any expert that it may deem fit to appoint,

remove or vary the conditions of the forfeiture, after being satisfied

that a material change in circumstances justifies such revocation or

variation of conditions.

Sub-title II

O F SEXUAL OFFENCES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 198 Rape . — CRIMINAL CODE Open official source

(1) Whosoever shall engage in non-consensual carnal

connection, that is to say, vaginal, anal or oral penetration with any

sexual organ of the body of another person, shall, on conviction, be

liable to imprisonment for a term from six (6) to twelve (12) years

Provided that whosoever shall engage in non-consensual

vaginal, anal, or oral penetration with any other part of the body not

mentioned in sub-article (1) on the body of another person, shall,

on conviction, be liable to imprisonment for a term from three (3)

to nine (9) years

Provided further that penetration with any bodily part shall

be deemed to be complete by its commencement, and it shall not be

necessary to prove any further acts.

(1A) Whosoever shall engage in non-consensual vaginal, anal

or oral penetration of a sexual nature with an object, whether the

object is intended for activities of a sexual nature or otherwise,

shall, on conviction, be liable to imprisonment for a term from

three (3) to twelve (12) years

Provided that penetration with an object shall be deemed to

be complete by the commencement of the penetration with that

object, and it shall not be necessary to prove any further acts.

(2) Whosoever by force, bribery, deceit, deprivation of liberty,

improper pressure or any other unlawful conduct or by threats of

such conduct, causes another person to engage in any of the non-

consensual acts described in the preceding sub-articles with any

person shall, on conviction, be liable to the punishment mentioned in the

same sub-articles.

(3) The acts referred to in sub-articles (1) and (1A) shall be

deemed to be non-consensual unless consent was given voluntarily,

as the result of the person’s free will, assessed in the context of the

surrounding circumstances and the state of that person at the time,

taking into account that person’s emotional and psychological state,

amongst other considerations.

(4) In addition to any punishment to which the person

convicted of an offence under this article may be sentenced, the

Court may order the offender to make restitution to the injured

party of any property or proceeds stolen or knowingly received or

obtained by fraud or other unlawful gain to the detriment of such

party by or through the offence, or to pay to such party such sum of

money as may be determined by the Court as compensation for any

such loss as aforesaid or for any damages or other injury or harm,

including moral and, or, psychological harm caused to such party

by or through the offence, and any such order may include both a

direction to make restitution and, in default, to pay as aforesaid.

The order shall constitute an executive title for all intents and

purposes of the Code of Organization and Civil Procedure.

(5) When issuing an order under sub-article (4), the Court may

direct that such costs or damages are paid in instalments, in particular,

having regard to any other obligations which the offender has towards

the victim or any of the victim’s dependants.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 199 Abduction. — CRIMINAL CODE Open official source

(1) Whosoever shall, abduct any person with the intent to

harm such person, shall, on conviction, be liable to imprisonment

for a term from six to twelve years.

(2) The punishment laid down in sub-article (1) shall be

increased by one or two degrees where any person abducts, by fraud or

seduction, any person under the age of eighteen years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 200 Where offender restores person abducted. — CRIMINAL CODE Open official source

Deleted by Act XIII.2018.24 .

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 201 abducted. Non-consent in cases of carnal knowledge and indecent assault. — CRIMINAL CODE Open official source

Unlawful carnal knowledge and any other indecent

assault, shall be presumed to be non-consensual

(a) when it is committed on any person under twelve years

of age;

(b) when the person abused was unable to offer resistance

owing to physical or mental infirmity, or for any other

cause independent of the act of the offender, or in

consequence of any fraudulent device used by the

CRIMINAL CODE

offender.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 202 Aggravating circumstances. — CRIMINAL CODE Open official source

The punishment prescribed for any of the crimes referred

to in the preceding articles of this Sub-title, shall be increased by

one to two degrees if any one or more of the following circumstances

results

(a) when the offender has availed himself of his capacity

of public officer, or when the offender is a servant of

the injured party, with salary or other remuneration, or

any person otherwise having abused of his authority over

the injured party;

(b) when the crime is committed by any ascendant, tutor,

or institutor;

(c) when the crime is committed on any prisoner by the

person charged with the custody or conveyance of such

prisoner;

(d) when the offender has, in the commission of the crime,

been aided by one or more persons;

(e) when the offender has, in the commission of the crime,

made use of any arms proper or improper;

(f)

when the person on whom the crime is committed, or

any other person who has come to the assistance of

that person, has sustained any bodily harm;

(g) when the offence is committed on a minor;

(h) when the crime is committed on the person of

(i)

the current or former spouse, civil union partner or

cohabitant; or

(ii) the brother or sister; or

(iii) an ascendant or descendant; or

(iv) another person having or having had a child in

common with the offender; or

(v) another person living in the same household as the

offender or who had lived with the offender before

the offence was committed;

(vi) another person who is or was in a relationship with

the offender whether with the intention of marriage

or not;

(vii)

other persons who are related to each other by

consanguinity or affinity up to the third degree

inclusively

Provided that in this paragraph "spouse" includes the

person whose marriage with the offender has been

dissolved or declared null;

(i)

when the crime is committed in the presence of, or

within hearing distance of a minor;

(j)

the offence, or related offences, were committed

repeatedly;

(k) the offence was committed against a vulnerable person

within the meaning of article 208AC(2);

(l)

the offence was committed with the threat of a

weapon;

(m) the offence resulted in severe

physical

or

psychological harm for the victim;

(n) the offender has been previously convicted of offences

of a similar nature

Provided that where an aggravation of punishment in

respect of the circumstances mentioned in this article is

already provided for under this Code or any other law, the

higher punishment may be applied.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 203 Defilement of persons under sixteen (16) years of age. — CRIMINAL CODE Open official source

(1) Whosoever, by lewd acts, defiles a person who has

not completed the age of sixteen years, shall, on conviction, be

liable to imprisonment for a term from four to eight years

Provided that the offence shall be punishable with

imprisonment for a term from six to twelve years, where any one or

more of the circumstances results

(a) if the offence is committed on a person who has not

completed the age of twelve years, or with violence, be

it physical or psychological;

(b) if the offence is committed on a person who has not

completed the age of sixteen years by means of threats

or deceit;

(c) if the offence is committed by any ascendant by

consanguinity or affinity, or by the adoptive parents, or

by the tutor, or by any other person charged, even

though temporarily, with the care, education,

instruction, control or custody of the person who has

not completed the age of sixteen years;

(d) when the offender abuses of a recognised position of

trust, authority, influence or during his duties as a

professional in the possession of an official

qualification and, or warrant to practice as counsellor,

educator, family therapist, medical practitioner, nurse,

pathologist,

psychiatrist,

psychologist,

psychotherapist, social worker and, or youth worker

over the person who has not completed the age of

sixteen years and one of the circumstance referred to

below occurs

(i)

the offender wilfully or recklessly endangered

the life of the person who has not completed the

age of sixteen years;

(ii) the offence involves violence or grievous bodily

harm to such person;

(iii) the offence is committed with the involvement

of a criminal organisation within the meaning of

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article 83A(1).

(1A) When the act is consensual between peers who are close in

age and in the level of development and provided that the acts do

not involve physical and, or psychological abuse, the punishment

shall be decreased by one or two degrees.

(2) The provisions of article 197(5) shall also apply in the case

of an offence under this article, when the offence is committed by

any ascendant or tutor.

(3) Provided that where the injured party withdraws his

complaint, the Court may decide and direct the continuation of

proceedings against the alleged perpetrator, giving particular

consideration to the best interests of the complainant, any person

under the age of sixteen (16) involved, and any other relevant third

parties, and shall cause such request and decision to be registered

in the records of the case

Provided further that proceedings shall be instituted ex officio

when the act is committed with abuse of parental authority or of

tutorship.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 203A Instigation, etc., of defilement of minors. — CRIMINAL CODE Open official source

Whosoever, by any means other than those mentioned in

article 203(1), instigates, encourages or facilitates the defilement of

a minor of either sex, shall, on conviction be liable to imprisonment

for a term from three to six years and the provisions of article 203(2)

and (3) shall, mutatis mutandis, apply to an offence under this

article

Provided that the offence shall be punishable with

imprisonment for a term from four to eight years in any of the cases

referred to in the proviso to article 203(1)

Provided further that when the act is consensual between peers

who are close in age and in the level of development and provided that

the acts do not involve physical and, or psychological abuse, the

punishment shall be decreased by one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 204 Inducing, etc., persons under age to prostitution. — CRIMINAL CODE Open official source

(1) Whosoever in order to gratify the lust of any other

person induces a person under age to practise prostitution, or

i n st i g at es th e de f i l em e nt o f su ch p er s on , o r en c ou r a ge s o r

facilitates the prostitution or defilement of such person, shall, on

conviction, be liable to imprisonment for a term from three to six

years

Provided that the offence shall be punishable with

imprisonment for a term from six to nine years, if any one or more of

the following circumstances results

(a) if the offence is committed to the prejudice of a person

who has not completed the age of twelve years;

(b) if the offence is committed by deceit;

(c) if the offence is committed by any ascendant by

consanguinity or affinity, by any one of the adoptive

parents, by the spouse or tutor of the minor, or by any

other person charged, even though temporarily, with

the care, eduction, instruction, control or custody of

the minor;

(d) if the offence is committed habitually or for gain.

(2) The provisions of article 197(5) shall also apply in the case

of any offence under this article, when the offence is committed by

the spouse, by an ascendant or by the tutor.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 204A — CRIMINAL CODE Open official source

(1) Whosoever -

(a) with violence, threats, coercion or force compels a

person under age into prostitution or into participating

in a pornographic performance, or

(b) knowingly makes any gain or derives any benefit from

the conduct referred to in paragraph (a),

shall, on conviction, be liable to imprisonment for a term from six

to twelve years.

(2) The punishment for the offence in sub-article (1)(b) shall be

increased by one or two degrees, with or without solitary confinement,

if any one or more of the following circumstances results

(a) when the offender wilfully or recklessly endangered

the life of the person under age;

(b) when the offence involves violence or grievous bodily

harm on such person;

(c) when the offence is committed with the involvement of

a criminal organisation within the meaning of article

83A(1);

(d) when the offender abuses of a recognised position of

trust, authority or influence over the person under age.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 204B Inducing persons under age to prostitution or to participation in a pornographic performance. — CRIMINAL CODE Open official source

(1) Whosoever in order to gratify the lust of any other

person engages, recruits or causes a person under age to practice

prostitution, or to participate in pornographic performances, or

profits from or otherwise exploits a person under age for such

purposes, shall, on conviction, be liable to imprisonment for a term

from five to ten years.

(2) The offence shall be punishable with imprisonment for a

term from six to twelve years, if any one or more of the following

circumstances results

(a) when the offender wilfully or recklessly endangered

the life of the person under age;

(b) when the offence involves violence or grievous bodily

harm on such person;

(c) when the offence is committed with the involvement of

a criminal organisation within the meaning of article

83A(1);

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(d) when the offender abuses of a recognised position of

trust, authority or influence over the person under age.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 204C Participation in sexual activities with persons under the age of years. sixteen . — CRIMINAL CODE Open official source

(1) Whosoever takes part in sexual activities with a

person who has not completed the age of sixteen years shall, on

conviction, be liable to imprisonment for a term from five to ten

(2) The punishment for the offence in sub-article (1) shall be

increased by one or two degrees if any one or more of the following

circumstances results

(a) if the offence is committed on a person who has not

completed the age of sixteen years with violence,

coercion, force or threats;

(b) where money or other forms of remuneration or

consideration is given as payment in exchange for a

person who has not attained the age of sixteen years

taking part in sexual activities; or

(c) when the offender abuses of a recognised position of

trust, authority, influence or during his duties as a

professional in the possession of an official

qualification and, or warrant to practice as counsellor,

educator, family therapist, medical practitioner, nurse,

pathologist,

psychiatrist,

psychologist,

psychotherapist, social worker and, or youth worker

over the person who has not completed the age of

sixteen years and one of the circumstance referred to

below occurs

(i)

the offender wilfully or recklessly endangered

the life of the person who has not completed the

age of sixteen years;

(ii) the offence involves violence or grievous bodily

harm to such person;

(iii) the offence is committed with the involvement

of a criminal organisation within the meaning of

article 83A(1).

(3) When the act is consensual between peers who are close in

age and in the level of development and provided that the acts do

not involve physical and, or psychological abuse, the punishment

shall be decreased by one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 204D Unlawful sexual activities. — CRIMINAL CODE Open official source

(1) Whosoever

(a) compels, coerces, forces or threatens a person under

age to perform sexual activities with another person,

or

(b) knowingly causes, for sexual purposes, a person under

age to witness sexual abuse or sexual activities, even

without causing the said person to participate in the

activities, or

(c) knowingly causes, for sexual purposes, a person under

age to participate in real or simulated sexually explicit

conduct or exhibition of sexual organs, including

through information and communication technologies,

or

(d) participates in sexual activities with a person under

age, where recourse is made to child prostitution, or

(e) knowingly attends a pornographic performance

involving the participation of a person under age,

shall, on conviction, be liable to imprisonment for a term from five

to ten years.

(2) The punishment for the offence in sub-article (1) shall be

increased by one degree, if any one or more of the following

circumstances results

(a) when the offender wilfully or recklessly endangered

the life of the person under age;

(b) when the offence involves violence or grievous bodily

harm on such person;

(c) when the offence is committed with the involvement of

a criminal organisation within the meaning of article

83A(1);

(d) when the offender abuses of a recognised position of

trust, authority or influence over the person under age.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 205 Compelling or inducing person of age to prostitution. — CRIMINAL CODE Open official source

Whosoever in order to gratify the lust of any other person,

by the use of violence, compels or, by deceit, induces a person of

age, to practise prostitution, shall, where the act committed does

not constitute a more serious offence, be liable, on conviction, to

imprisonment for a term from three to seven years

Provided that the offence shall be punishable with

imprisonment for a term of four to nine years, if it is committed -

(a) with abuse of authority, of trust or of domestic

relations; or

(b) habitually or for gain.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 206 Proof of carnal connection. — CRIMINAL CODE Open official source

The crimes referred to in this Title to constitute which

there must be a carnal connection shall be deemed to be complete

by the commencement of the connection, and it shall not be

necessary to prove any further acts.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 207 Non-consensual act of a sexual nature. — CRIMINAL CODE Open official source

Whosoever shall be guilty of any non-consensual act of a

sexual nature which does not, in itself, constitute any of the crimes,

either completed or attempted, referred to in the preceding articles

of this Sub-title, shall, on conviction, be liable to imprisonment for

a term from three to seven years

Provided that in the cases referred to in article 202, the

punishment shall be increased by one degree.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208 Display of pornographic material in public places. — CRIMINAL CODE Open official source

(1) Whosoever displays or permits to display any

pornographic material in a public place shall, on conviction, be

liable to a fine (multa) of not less than one thousand euro (€1,000)

and not more than three thousand euro (€3,000).

(2) For the purposes of this article, "public place" means any

place to which the public have or are permitted to have access,

whether on payment or otherwise

Provided that for the purposes of this article a "public

place" shall not include a place to which the public are permitted to

have access only on payment which is or includes payment for the

said display, or to a shop or establishment, or to any part of such

shop or establishment, to which the public can only gain access by

passing beyond an adequate warning notice

Provided further that these exclusions shall only apply

where minors are not permitted to enter while the display in

question is continuing.

(3)

This article shall not apply to any material

(a) that is included by any person in a television

broadcasting service regulated by the Broadcasting

Authority within the meaning of the Broadcasting Act;

or

(b) included in the display of an art gallery or museum and

visible only within the gallery or museum where the

organiser of the display has taken reasonable

precautions for the protection of minors; or

(c) included in a film exhibition which is subject to the

Cinema and Stage-Age Classification Regulations; or

(d) which otherwise serves the public good on the ground

that it is in the interests of science, literature, art or

learning or other objects of general concern.

(4) For the purposes of this article, material shall include

anything capable of being displayed, except that it does not include

an actual human body or any part thereof and nothing in this article

shall be construed as permitting any show of live and actual sexual

activity involving the sexual organs made solely or principally for

the purpose of sexual arousal. In determining for the purpose of this

article whether any displayed material is pornographic

(a) there shall be disregarded any part of that material

which is not exposed to view;

(b) account may be taken of the effect of juxtaposing one

thing with another.

(5) A warning notice shall not be adequate for the purposes of

this article unless it complies with the following requirements

(a) The warning notice must contain the following words,

and no others

"WARNING Persons passing beyond this notice will

find material on display which they may consider

indecent. No admittance to persons under 18 years of

age.";

(b) the word "WARNING" must appear as a heading;

(c) no pictures or other matter shall appear on the notice;

(d) the notice must be so situated that no one could

reasonably gain access to the shop or establishment, or

part of the shop or establishment in question, without

being aware of the notice and it must easily be legible

by any person gaining such access.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208A Indecent photographs, films, etc., of persons under age. — CRIMINAL CODE Open official source

(1) Any citizen or permanent resident of Malta whether in

Malta or outside Malta, as well as any person in Malta, who makes

or produces or permits to be made or produced any indecent

material involving or showing persons under age or produces,

distributes, disseminates, imports, exports, offers, sells, supplies,

transmits, makes available, procures for oneself or for another, or

shows such indecent material shall, on conviction, be liable

imprisonment for a term from twelve months to five years.

(1A) The offence in sub-article (1) shall be punishable with

imprisonment for a term from two to eight years, with or without

solitary confinement, in each of the following cases

(a) when the offender wilfully or recklessly endangered

the life of the person under age;

(b) when the offence involves violence or grievous bodily

harm on such person;

(c) when the offence is committed with the involvement of

a criminal organisation within the meaning of article

83A(1).

(1B) Any person who acquires, knowingly obtains access

through information and communication technologies to, or is in

possession of, any indecent material which shows, depicts or

represents a person under age, shall, on conviction, be liable to

imprisonment for a term from not exceeding three years.

(1C) For the purposes of sub-article (1) the expression

"permanent resident" shall have the same meaning assigned to it by

article 5(1)(d).

(2) A photograph, film, video recording or electronic image

shall, if it shows a person under age and is indecent, be treated for

all purposes of this article as an indecent photograph, film, video

recording or electronic image.

(3) Where the offences in sub-articles (1) and (1B) are

committed by any ascendant by consanguinity or affinity, or by any

one of the adoptive parents, or by the tutor, or by any other person

charged, even though temporarily, with the care, education,

instruction, control or custody of the person under age shown,

depicted or represented in the indecent material, or where such

person under age has not completed the age of nine years or where

the indecent material shows, depicts or represents a minor involved

in acts of bestiality, brutality, sadism or torture

CRIMINAL CODE

(a) in the case of the offence in sub-article (1), the

punishment shall be of imprisonment for a term from

two to nine years, and

(b) in the case of the offence in sub-article (1B), the

punishment shall be of imprisonment for a term from

six months to four years,

and the provisions of article 197(4) shall also apply.

(4) Where a person is charged with distributing or showing, or

with being in possession of, any indecent material under sub-article

(1), it shall be a defence for him to prove that he had a legitimate

reason for distributing or showing, or for having in his possession,

such indecent material, or that he had not himself seen the indecent

material, and neither knew nor had any reason to suspect them to be

indecent.

(5) For the purposes of article 635(1)(a), the person under age

shown in the indecent material shall be deemed to be the person

against whom the offence is committed.

(6) In this article references to a photograph includes the

negative as well as the positive version.

(7) For the purposes of this article the expression "indecent

material" includes photographs, images, audio or video recordings,

digitally created or electronic images, drawings, cartoons, text and

simulated representations or realistic images of a minor, or any

material that visually depicts any person appearing to be a child,

even if the minor is non-existent, or of the sexual parts of a child

for primarily sexual purposes.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208AA Meeting a child following sexual grooming etc. — CRIMINAL CODE Open official source

(1)Whosoever being a person aged eighteen (18) years or

over who has met or communicated with a person under the age of

sixteen (16) years on one or more occasions intentionally meets or by

any means proposes to meet or arranges to meet the said person under

the age of sixteen (16) years, who he does not reasonably believe to be

over the age of sixteen (16) years, intending to do anything to or in

respect of the said person under the age of sixteen (16) years during or

after the said meeting which if done would involve the commission of

any of the offences in articles 204, 204A to 204D, both included, or

208A, shall be liable on conviction to the punishment of imprisonment

not exceeding six (6) years.

(2) The punishment for the offence in sub-article (1) shall be

increased by one degree, if any one or more of the following

circumstances results

(a) when the offender wilfully or recklessly endangered

the life of the person under the age of sixteen (16) years;

(b) when the offence involves violence or grievous bodily

harm on such person;

(c) when the offence is committed with the involvement of

a criminal organisation within the meaning of article

83A(1);

(d) when the offender abuses of a recognised position of

trust, authority or influence over the person under the

age of sixteen (16) years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208AB Advertisement of sexual tourism. — CRIMINAL CODE Open official source

(1) Whosoever disseminates any materials advertising

the opportunity to commit any of the offences under articles 204,

204A to 204C, both inclusive, 208A(1) and 208A(1A), or is

involved in the organization of travel arrangements with the

p u r p o s e o f c o m m i t t i n g a n y o f t h e s a i d o ff e n c e s , s h a l l , o n

conviction, be liable to imprisonment for a term from two to five

(2) The punishment for the offence in sub-article (1) shall be

increased by one degree, with or without solitary confinement, if

any one or more of the following circumstances results

(a) when the offender wilfully or recklessly endangered

the life of the person;

(b) when the offence involves violence or grievous bodily

harm on such person;

(c) when the offence is committed with the involvement of

a criminal organisation within the meaning of article

83A(1);

(d) when the offender abuses of a recognised position of

trust, authority or influence over the person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208AC Aggravating circumstances. — CRIMINAL CODE Open official source

(1) The punishment for the offences referred to in

articles 204, 204A to 204D, both inclusive, 208A(1) to 208AB,

both inclusive, shall be increased by one to two degrees where any

one or more of the following circumstances results

(a) where the offence involved the use of violence or results

in harm to the physical or mental health of the person;

(b) where the person under age is a vulnerable person

within the meaning of sub-article (2);

(c) where the offence is committed by two or more

persons acting together;

(d) in any of the circumstances described in article 202(a),

(b), (c) and (h);

(e) if the offender lives with or is a member of the victim’s

family;

(f)

if the offender has been previously convicted of an

offence under this Sub-title;

(g) where the offence is committed by a member of the

child’s family, a person cohabiting with the child or a

person who has abused a recognised position of trust

or authority;

(h) where the offence was committed within the

framework of a criminal organisation within the

meaning of Council Framework Decision 2008/

841JHA of 24 October 2008 on the fight against

organised crime;

(i)

where the offender has deliberately or recklessly

CRIMINAL CODE

endangered the life of a child

Provided that where an aggravation of punishment in

respect of the circumstances mentioned in this article is already

p r o v i d e d f o r u n d e r t h i s C o d e o r a n y o t h e r l a w, t h e h i g h e r

punishment shall be applied.

(2)

For the purposes of this article a vulnerable person means

(a) any person under the age of fifteen years; or

(b) any person suffering from a physical or mental

infirmity; or

(c) any other person considered by the court to be

particularly at risk of being induced into cooperating

with the offender or into surrendering to the offender’s

will when taking into account the person’s age,

maturity, health, pregnancy, disability, social or other

conditions including any situation of dependence, as

well as the physical or psychological consequence of

the offence on that person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208B Provisions applicable to articles 198, 203 to 204D and 208A to 208AB of the Code. — CRIMINAL CODE Open official source

(1) The following provisions shall apply to the offences

under articles 198, 203 to 204D, both inclusive, and article

208A(1), (1A), (1B), 208AA and 208AB.

(2) In addition to the punishment established for the said

offences, the Court may order that the offender be temporarily or

permanently prevented from exercising at least professional

activities involving direct or regular contact with children.

(2A) Where the court makes an order under sub-article (2) such

order shall be registered in any criminal record of the offender.

(2B) Where the person convicted of any of the offences

mentioned in sub-article (1) is the subject of an order as that

provided for by sub-article (2) made by a foreign court the court

shall order that effect shall be given to the order made by the

foreign court as if it were an order made by the court under sub-

article (2).

(3) The provisions of articles 121D, 248E(4) and 248E(6) shall

apply mutatis mutandis.

(4) The provisions of articles 13 and 14 of the White Slave

Traffic (Suppression) Ordinance, shall apply mutatis mutandis.

(5) Without prejudice to the provisions of article 5, the Maltese

courts shall also have jurisdiction over the said offences where

(a) only part of the action giving execution to the offence

took place in Malta; or

(b) the offender is a Maltese national or permanent

resident in Malta or the offence was committed for the

benefit of a body corporate registered in Malta; or

(c) the offence was committed by means of a computer

system accessed from Malta notwithstanding that such

computer system may be outside Malta; or

(d) the offence was committed against a Maltese national

or permanent resident in Malta.

(6) Notwithstanding any other provision of this Code or of any

other law, the period of prescription shall run from the day on which

the victim attains the age of twenty-three (23) years.

(7) For the purposes of this article, the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208C Aiding and abetting. — CRIMINAL CODE Open official source

Whosoever aids, abets or instigates any offence under

articles 204, 204A to 204D, both inclusive, and articles 208A to

208AB, both inclusive, shall be guilty of an offence and shall be

liable on conviction to the punishment laid down for the offence

aided, abetted or instigated.

208D.(1) Whosoever, for gain, distribution, or for display in a

public place or in a place accessible to the public, manufactures,

prints, or otherwise makes, or introduces into Malta, or acquires,

keeps, puts into circulation or exports, any extreme pornographic

image shall, on conviction, be liable to imprisonment for a term

from eighteen months to three years or to a fine (multa) of not less

than three thousand euro (€3,000) and not more than six thousand

euro (€6,000), or to both such imprisonment and fine.

(2) Whosoever trades in any image mentioned in sub-article

(1), even if such trade is clandestine, or distributes any such image

or displays any such image in public or in a place accessible to the

public, shall, on conviction, be liable to the punishment prescribed

in sub-article (1).

(3) It is a defence for a person charged with an offence under

this article to show that

(a) he had a legitimate reason for being in possession of

the image concerned;

(b) he had not seen the image concerned in any material,

article or communication obtained or received by him

and did not know, nor had any cause to suspect that

such material, article or communication contained an

extreme pornographic image;

(c) he was sent the image concerned without any prior

request having been made by him or on his behalf

Provided that it shall not be a defence under this

paragraph if such person has seen, or is reasonably

suspected to have seen the image, and kept the image

concerned for an unreasonable amount of time;

(d) he directly and consentingly participated in the act

depicted in the image

Provided that it shall not be a defence under this

paragraph if such person shows, gives or offers for sale

the image to any person who was not a direct

participant in the act depicted

Provided further that it shall neither be a defence

CRIMINAL CODE

under this paragraph if the act depicted in the image

involves

(i)

an act of rape or other non-consensual

penetrative activity;

(ii) an act of necrophilia or bestiality;

(iii) a sexual act or image involving a minor.

(4) For the purposes of this article an image shall be regarded

as an extreme pornographic image if it is so described or defined by

regulations made under sub-article (5) or is otherwise to be so

regarded in accordance with any regulation made as aforesaid.

(5) The Minister responsible for justice shall make regulations

for the purpose of describing or defining or otherwise establishing

what is to be regarded as an extreme pornographic image for the

purposes of this article and m ay b y such r eg ul at io ns m ake

provision regarding the criteria to be followed for that purpose and

may make different provisions for different circumstances and

different purposes.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 208E Non-consensual taking or disclosure of private sexual photographs and films. — CRIMINAL CODE Open official source

(1) Whosoever, with an intent to cause distress, emotional

harm or harm of any nature, takes or discloses a private sexual

photograph or film without the consent of the person or persons

displayed or depicted in such photograph or film shall on

conviction be liable to imprisonment for a term of up to five years or

to a fine (multa) of not less than four thousand euro (€4,000) and not

more than eight thousand euro (€8,000), or to both such

imprisonment and fine.

(2)

A person shall not be guilty of an offence under this article

if

(a) he has disclosed the sexual photograph or film where

the sexual photograph or film were taken with the

consent of the person or persons displayed or depicted in

such photograph or film, solely to the person or persons

displayed or depicted in such photograph or film; or

(b) the disclosure was necessary for the purpose of

preventing, detecting or investigating a crime; or

(c) to the extent that it is reasonably required, the

disclosure is authorised by a court or tribunal in the

course of judicial proceedings

Provided that where authorisation is so granted by a court

or tribunal, the sexual photograph or film shall, without delay, be

sealed by the registrar or deputy registrar of that court or tribunal

and shall only be accessible by the parties to the suit or to their

authorised legal representatives.

(3) When the offence provided for in this article is committed

as a means or in the context of blackmail the punishment shall be

increased by one degree.

(4)

In this article

"taking" shall refer to the unauthorised taking of sexual private

photos and films, by any means;

"disclosure" shall be construed as also including the publication,

distribution, trade, circulation or unauthorised use of private sexual

photographs and films, by any means;

"private" shall refer to any photograph or film which was never

intended for public consumption;

"sexual" shall include the depiction of all or part of a person’s

exposed genitals or pubic area, or, in the case of females, of the

breasts, or of any content that, when taken as a whole, a reasonable

person would consider to be sexual because of its nature;

"photograph or film" means a moving or still image or data,

stored by any means, which is capable of conversion into a moving

or still image.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 209 Offences against decency or morals committed in public. — CRIMINAL CODE Open official source

Whosoever, except in the cases referred to in the preceding

articles of this Sub-title or in any other provision of law, shall

c o m m i t a n o ff e n c e a g a i n s t d e c e n c y o r m o r a l s , b y a n y a c t

committed in a public place or in a place exposed to the public,

shall, on conviction, be liable to imprisonment for a term not

exceeding three months and to a fine (multa).

209A.Deleted by: Act LXIV.2021.19.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 209A Ma japplikawx id- dispożizzjonijiet tal-artikolu 21. Miżjud: IV.2014.17. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att LXIV.2021.19.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 209B Competent authority may decide not to prosecute victims who are minors or exemption from punishment. — CRIMINAL CODE Open official source

In the case of offences in accordance with 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.

Sub-title III

O F C RIMES TENDING TO P REVENT OR D ESTROY THE P ROOF OF

THE S TATUS OF A C HILD

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 210 Kidnapping or concealing an infant, etc. — CRIMINAL CODE Open official source

Any person found guilty of kidnapping, or concealing, an

infant, or of suppressing its birth, or of substituting one infant for

another, or of suppositiously representing an infant to have been

born of a woman who had not been delivered of a child, shall, on

conviction, be liable to imprisonment for a term from eighteen

CRIMINAL CODE

months to three years.

Title VIII

O F C RIMES AGAINST THE P ERSON

Sub-title I

O F W ILFUL H OMICIDE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 211 Wilful homicide. — CRIMINAL CODE Open official source

(1) Whosoever shall be guilty of wilful homicide shall be

punished with imprisonment for life.

(2) A person shall be guilty of wilful homicide if, maliciously,

with intent to kill another person or to put the life of such other

person in manifest jeopardy, he causes the death of such other

person.

(3) Where the offender gives cause to the death of a person

within the limits of the territorial jurisdiction of Malta, the

homicide shall be deemed to be wholly completed within the limits

of the said jurisdiction, notwithstanding that the death of such

person occurs outside such limits.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 211A Femicide. — CRIMINAL CODE Open official source

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.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 212 — CRIMINAL CODE Open official source

The provisions of article 211 shall also apply even though

the offender did not intend to cause the death of any particular

person, or, by mistake or accident, shall have killed some person

other than the person whom he intended to kill.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 213 Inciting or helping others to commit suicide. — CRIMINAL CODE Open official source

Whosoever shall prevail on any person to commit suicide

or shall give him any assistance, shall, if the suicide takes place, be

liable, on conviction, to imprisonment for a term not exceeding

twelve years.

Sub-title II

O F W ILFUL O FFENCES AGAINST THE P ERSON

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 214 Bodily harm. — CRIMINAL CODE Open official source

Whosoever, without intent to kill or to put the life of any

person in manifest jeopardy, shall cause harm to the body or health

of another person, or shall cause to such other person a mental

derangement, shall be guilty of bodily harm.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 215 Grievous or slight bodily harm. — CRIMINAL CODE Open official source

A bodily harm may be either grievous or slight.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 216 Grievous bodily harm. — CRIMINAL CODE Open official source

(1) A bodily harm is deemed to be grievous and is

punishable with imprisonment for a term from one year to seven

years -

(a) if it can give rise to danger of -

(i)

loss of life; or

(ii)

any permanent debility of the health or

permanent functional debility of any organ of

the body; or

(iii) any permanent defect in any part of the physical

structure of the body; or

(iv) any permanent mental infirmity;

(b) if it causes any deformity or disfigurement in the face,

neck, or either of the hands of the person injured;

(c) if it is caused by any wound which penetrates into one

of the cavities of the body, without producing any of

the effects mentioned in article 218;

(d) if it causes any mental or physical infirmity lasting for

a period of thirty days or more; or if the party injured

CRIMINAL CODE

is incapacitated, for a like period, from attending to his

occupation;

(e) if, being committed on a woman with child, it hastens

delivery.

(2) Where the person injured shall have recovered without ever

having been, during the illness, in actual danger of life or of the

effects mentioned in sub-article (1)(a), it shall be deemed that the

harm could have given rise to such danger only where the danger

was probable in view of the nature or the natural consequences of

the harm.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 217 Grievous bodily harm with arms proper, etc. — CRIMINAL CODE Open official source

A grievous bodily harm is punishable with imprisonment

for a term from two to ten years if it is committed with arms proper,

or with a cutting or pointed instrument, or by means of any

explosive, or any burning or corrosive fluid or substance

Provided that where the offence is committed by means of any

explosive fluid or substance the minimum punishment shall be

imprisonment for four years and the provisions of the Probation Act

shall not be applicable.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 218 Other cases of grievous bodily harm. — CRIMINAL CODE Open official source

(1) A grievous bodily harm is

punishable

with

imprisonment for a term from five to ten years -

(a) if it causes any permanent debility of the health or any

permanent functional debility of any organ of the

body, or any permanent defect in any part of the

physical structure of the body, or any permanent

mental infirmity;

(b) if it causes any serious and permanent disfigurement

of the face, neck, or either of the hands of the person

injured;

(c) if, being committed on a woman with child, it causes

miscarriage.

(2) Any debility of the health or any functional debility of any

organ of the body, and any mental infirmity, serious disfigurement,

or defect shall be deemed to be permanent even when it is probably

so.

(3) The punishment for the offences referred to in sub-article

(1) shall be that established in article 312(2) if the bodily harm is

committed by means of any explosive fluid or substance.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 219 Decrease of punishment in case of supervening accidental cause. — CRIMINAL CODE Open official source

The punishments laid down in articles 216 and 218 shall

be decreased by one or two degrees if a supervening accidental

cause has contributed to produce the effects mentioned in the said

articles.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 220 Grievous bodily harm from which death ensues. — CRIMINAL CODE Open official source

(1) Whosoever shall be guilty of a grievous bodily harm

from which death shall ensue solely as a result of the nature or the

natural consequences of the harm and not of any supervening

accidental cause, shall be liable -

(a) to imprisonment for a term from six to twenty years, if

death shall ensue within forty days to be reckoned

from the midnight immediately preceding the crime;

(b) to imprisonment for a term from six to twelve years, if

death shall ensue after the said forty days, but within

one year to be reckoned as above.

(2) If death shall ensue as a result of a supervening accidental

cause and not solely as a result of the nature or the natural

consequences of the harm, the offender shall, on conviction, be

liable to imprisonment for a term from five to ten years.

(3) If the bodily harm is inflicted within the limits of the

territorial jurisdiction of Malta, the crime shall be held to have

been completed within those limits, even if the death of the person

injured shall occur outside those limits.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 221 Slight bodily harm. — CRIMINAL CODE Open official source

(1) A bodily harm which does not produce any of the

effects referred to in the preceding articles of this Sub-title, shall be

deemed to be slight, and shall be punishable with imprisonment for

a term not exceeding two years, or with a fine (multa).

(2) Where the offence is committed by any of the means

referred to in article 217, it shall be punishable with imprisonment

for a term from two to seven years.

(3) Where the effect, considered both physically and morally, is

of small consequence to the injured party, the offender shall, on

conviction, be liable to -

(a) imprisonment for a term not exceeding three months or

a fine (multa), if the offence is committed by any of

the means referred to in article 217, or is committed on

any of the persons mentioned in article 222(1)(a) and

(b);

(b) the punishments established for contraventions, in any

other case.

(4) In the cases referred to in sub-articles (1) and (3),

proceedings may not be taken except on the complaint of the

injured party, unless the offence is committed on any of the persons

mentioned in article 222(1)(a) and (b).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 222 Aggravating circumstances. — CRIMINAL CODE Open official source

(1) The punishments established in articles 216, 217, 218

and 220, and in sub-articles (1) and (2) of the last preceding article

shall be increased by one degree when the harm is committed -

(a) on the person of any one of the parents or any other

legitimate and natural ascendant, or on the person of a

legitimate and natural brother or sister, or on the

person of any one of the spouses, or on the person of

CRIMINAL CODE

any one of the natural parents, or on any person

mentioned in article 202(h);

(b) on the person of any witness or referee who shall have

given evidence or an opinion in any suit, and on

account of such evidence or opinion, or on the person

of a child under nine years of age;

(c) on the person of whosoever was a public officer or was

lawfully charged with a public duty or is or was an

officer or employee of a body corporate established by

law and the offence was committed because of that

person having exercised his functions;

(d) on the person of whosoever was exercising his lawful

duties as a private guard, a specialised private guard or

community officer in accordance with the provisions

of the Private Guards and Community Officers Act.

(2) Nevertheless, no increase of punishment shall take place

where the offender, without intent to cause harm to any particular

person, or with intent to cause harm to some other person, shall, by

mistake or accident, cause harm to any of the persons referred to in

sub-article (1)(a) and (b).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 222A Increase of punishment in certain cases. — CRIMINAL CODE Open official source

(1) Deleted by Act LXV.2021.6.

(2) The punishments established in the foregoing provisions of

this Sub-title shall also be increased by one to two degrees when

the offence is aggravated or motivated on the grounds of gender,

gender identity, sexual orientation, race, colour, language, national or

ethnic origin, age, disability, citizenship, religion or belief or political or

other opinion.

(3) An offence is aggravated or motivated on grounds of gender,

gender identity, sexual orientation, race, colour, language, national or

ethnic origin, age, disability, citizenship, religion or belief or political or

other opinion if

(a) at the time of committing the offence, or immediately

before or after the commission of the offence, the

offender demonstrates towards the victim of the

offence hostility, aversion or contempt based on the

victim’s membership (or presumed membership) of a

group, denoting a particular gender, gender identity, sexual

orientation, race, colour, language, national or ethnic

origin, age, disability, citizenship, religion or belief or

political or other opinion; or

(b) the offence is motivated, wholly or partly, by hostility,

aversion or contempt towards members of a group as

referred to in paragraph (a).

(4)

In sub-article (3)(a)

"membership", in relation to a group, includes

association with members of that group;

"presumed" means presumed by the offender.

(5) It is immaterial for the purposes of sub-article (3)(a) or (b)

whether or not the offender’s hostility is also based, to any extent,

on any other factor not mentioned in that those paragraphs.

(6)

In this article

"racial group" means a group of persons defined by

reference to race, descent, colour, nationality

(including citizenship) or ethnic or national origins;

"religious group" means a group of persons defined by

reference to religious belief or lack of religious belief.

(7) The punishment prescribed for any of the crimes referred to

in the preceding articles of this Sub-title shall be increased by one

to two degrees in the applicable cases referred to in article 202,

provided that where an aggravation of punishment in respect of the

circumstances mentioned in this article is already provided for

under this Code or any other law, the higher punishment may be

applied.

Sub-title III

O F J USTIFIABLE H OMICIDE OR B ODILY H ARM

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 223 Justifiable homicide or bodily harm. — CRIMINAL CODE Open official source

No offence is committed when a homicide or a bodily

harm is ordered or permitted by law or by a lawful authority, or is

imposed by actual necessity either in lawful self-defence or in the

lawful defence of another person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 224 Cases of lawful defence. — CRIMINAL CODE Open official source

Cases of actual necessity of lawful defence shall include

the following

(a) where the homicide or bodily harm is committed in the

act of repelling, during the night-time, the scaling or

breaking of enclosures, walls, or the entrance doors of

any house or inhabited apartment, or of the

appurtenances thereof having a direct or an indirect

communication with such house or apartment;

(b) where the homicide or bodily harm is committed in the

act of defence against any person committing theft or

plunder, with violence, or attempting to commit such

theft or plunder;

(c) where the homicide or bodily harm is imposed by the

actual necessity of the defence of one’s own chastity or

of the chastity of another person.

Sub-title IV

O F I NVOLUNTARY H OMICIDE OR B ODILY H ARM

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 225 Involuntary homicide. — CRIMINAL CODE Open official source

(1) Whosoever, through imprudence, carelessness,

unskilfulness in his art or profession, or non-observance of

regulations, causes the death of any person, shall, on conviction, be

liable to imprisonment for a term not exceeding four years or to a

fine (multa) not exceeding eleven thousand and six hundred and forty-

six euro and eighty-seven cents (€11,646.87).

(2) Where the offender has caused the death of more than one

person or where in addition to causing the death of a person the

offender has also caused bodily harm to another person or other

persons the punishment shall be that of imprisonment of a term of

up to ten years.

(3)

Where an offence against sub-article (1) or (2) is committed

by reason of the offender having driven a motor vehicle while under

the influence of alcohol or drugs, a minimum punishment of three (3)

years imprisonment shall apply in every case, and the court shall not

apply the provisions of article 21 of this Code or the provisions of the

Probation Act or the provisions of the Drug Dependence (Treatment

not Imprisonment) Act

Provided that in this article "drug" shall have the same

meaning as assigned to it in article 2 of the Dangerous Drugs

O r d i n a n c e and in article 118A of the M e d i c a l a n d K i n d r e d

Professions Ordinance.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 226 Involuntary bodily harm. — CRIMINAL CODE Open official source

(1) Where from any of the causes referred to in the last

preceding article a bodily harm shall ensue, the offender shall, on

conviction, be liable -

(a) if the harm is grievous and produces the effects

mentioned in article 218, to imprisonment for a term

not exceeding one year or to a fine (multa) not

exceeding four thousand and six hundred and fifty-eight

euro and seventy-five cents (€4,658.75);

2007. Provided that if the harm is grievous and produces the effects

referred to in article 218 and is caused by a person driving under the

influence of drugs or alcohol in accordance with the Traffic Regulation

Ordinance, he shall be liable to imprisonment for a term not exceeding

four (4) years or to a fine (multa) not exceeding eight thousand euro

(€8,000), or to both such imprisonment and fine

Provided further that for the purposes of article 225 and this

article, the court shall not award the minimum punishment if a person

has resulted positive to more than one (1) drug, or is under the influence

of both a drug substance and alcohol.

(b) if the harm is grievous without the effects mentioned

in article 218, to imprisonment for a term not

exceeding six months or to a fine (multa) not exceeding

two thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37)

Provided that if the harm is grievous without the effects

referred to in article 218 and is caused by a person driving

under the influence of drugs or alcohol in accordance with

the Traffic Regulation Ordinance, he shall be liable to

imprisonment for a term not exceeding two (2) years or to

a fine (multa) not exceeding five thousand euro (€5,000),

or to both such imprisonment and fine.

(c) if the harm is slight, to the punishments established for

contraventions.

(2) In the cases referred to in sub-article (1)(c), proceedings

may only be taken on the complaint of the injured party.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 226A Involuntary homicide or involuntary bodily harm in the course of theft or attempted theft. — CRIMINAL CODE Open official source

Where a person gives cause to a death or bodily harm

mentioned in the foregoing provisions of this Sub-title in the course

of the execution by him of a theft or in the course of an attempted

theft, or immediately after the commission of such theft or such

attempt while he is fleeing from the place where the theft was

committed or attempted, he shall, without prejudice to any liability

incurred by him in relation to the theft or attempted theft and

saving the provisions of article 17, on conviction, be liable -

(a) in the case of death, to the punishment

of

imprisonment from four to nine years;

(b) in the case of bodily harm, to the punishments

mentioned in article 226 which shall be increased by

one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 226B Explosive fluid or substance. — CRIMINAL CODE Open official source

Where any of the offences in articles 225, 226 and 226A

has been committed by any explosive fluid or substance, the

punishment laid down for the offence shall be increased by two to

three degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 226C Involuntary homicide or bodily harm in the course of a rescue attempt. — CRIMINAL CODE Open official source

Notwithstanding the provisions of articles 225, 226 and

226A, a person will not be criminally liable if, confronted with a

present or imminent danger to another person, he performs an act

necessary to ensure the safety of that person, whether or not the act

actually ensures the safety of the person

Provided that this article shall not apply where the means used

are disproportionate to the seriousness of the threat or where the act is

performed with malice or gross negligence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 226D Aggravating circumstances. — CRIMINAL CODE Open official source

Where a person commits an offence referred to in articles

225, 226 or 226A and subsequently

(a)

flees from the scene where involuntary homicide or

bodily harm occurred; or

(b)

was driving at a speed exceeding the prescribed

speed limit; or

(c)

was driving while disqualified, without a valid

driving licence, or without a valid insurance policy,

CRIMINAL CODE

the punishment established for such offence shall be increased by two

to three degrees.

Sub-title V

O F E XCUSES FOR THE C RIMES REFERRED TO IN THE

FOREGOING S UB-TITLES OF THIS T ITLE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 227 Cases of excusable wilful homicide. — CRIMINAL CODE Open official source

Wilful homicide shall be excusable -

(a) where it is provoked by a grievous bodily harm, or by

any crime whatsoever against the person, punishable

with more than one year’s imprisonment;

(b) where it is committed in repelling, during the day-

time, the scaling or breaking of enclosures, walls, or

the entrance of any house or inhabited apartment, or

the appurtenances thereof having a direct or an indirect

communication with such house or apartment;

(c) where it is committed by any person acting under the

first transport of a sudden passion or mental

excitement in consequence of which he is, in the act of

committing the crime, incapable of reflecting;

the offender shall be deemed to be incapable of

reflecting whenever the homicide be in fact

attributable to heat of blood and not to a deliberate

intention to kill or to cause a serious injury to the

person, and the cause be such as would, in persons of

ordinary temperament, commonly produce the effect

of rendering them incapable of reflecting on the

consequences of the crime

Provided that a homicide shall not be excusable under

this paragraph if it was committed in any of the

circumstances mentioned in article 211A;

(d) where it is committed by any person who, acting under

the circumstances mentioned in article 223, shall have

exceeded the limits imposed by law, by the authority,

or by necessity

Provided, moreover, that any such excess shall not

be liable to punishment if it is due to the person being

taken unawares, or to fear or fright.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 228 Punishment for excusable wilful homicide. — CRIMINAL CODE Open official source

(1) In the case of wilful homicide excusable in terms of

paragraph (a) or (b) of the last preceding article, the offender shall,

on conviction, be liable to imprisonment for a term not exceeding

two years.

(2) In the case of wilful homicide excusable in terms of

paragraph (c) of the last preceding article, the offender shall, on

conviction, be liable to imprisonment for a term from five to twenty

(3) In the case of wilful homicide excusable in terms of

paragraph (d) of the last preceding article, the offender shall, on

conviction, be liable to imprisonment for a term not exceeding

twelve years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 229 Cases of inadmissibility of excuse. — CRIMINAL CODE Open official source

The excuse referred to in article 227(c), shall not be

admissible -

(a) where the passion is provoked by the lawful correction

of the person accused;

(b) where the passion is provoked by the lawful

performance of duty by a public officer;

(c) where the offender has either sought provocation as a

pretext to kill or to cause a serious injury to the person,

or endeavoured to kill or to cause such serious injury

before any provocation shall have taken place.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 230 Excusable bodily harm. — CRIMINAL CODE Open official source

The crime of wilful bodily harm shall be excusable -

(a) in the cases mentioned as excuses for wilful homicide

in article 227(a) and (b);

(b) in the cases mentioned as excuses for wilful homicide

in article 227(c);

(c) if it is provoked by any crime whatsoever against the

person;

(d) in the cases mentioned as excuses for wilful homicide

in article 227(d).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 231 Punishment for excusable bodily harm referred to in paragraph (a) of s.230, — CRIMINAL CODE Open official source

(1) In the cases referred to in paragraph (a) of the last

preceding article, the offender shall, on conviction, be liable -

(a) if death has ensued -

(i)

solely as a result of the nature or the natural

consequences of the harm and not of any

supervening accidental cause, to imprisonment

for a term not exceeding one year;

(ii) as a result of a supervening accidental cause and

not solely as a result of the nature or natural

consequences of the harm, to imprisonment for a

term not exceeding six months;

(b) if the harm is grievous and produces the effects

mentioned in article 218, to imprisonment for a term

not exceeding six months;

(c) if the harm is grievous without the effects mentioned

in article 218, to imprisonment for a term not

exceeding three months;

(d) if the harm shall have become grievous owing to a

supervening accidental cause -

(i)

to imprisonment for a term not exceeding three

months, in the case referred to in paragraph (b);

(ii) to the punishments established for contrav-

entions, in the case referred to in paragraph (c).

CRIMINAL CODE

(2) In the cases referred to in sub-article (1), if the harm is

slight, no proceedings shall be instituted.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 232 in paragraphs (b) and (c) of s. 230, — CRIMINAL CODE Open official source

In the cases referred to in article 230(b) and (c) the

offender shall, on conviction, be liable -

(a) if the harm is grievous, to imprisonment for a term not

exceeding two-thirds of that established for the crime

when not excusable;

(b) if the harm is slight and is committed by any of the

means referred to in article 217, or on any of the

2007. persons mentioned in article 222(a) and (b), or on any

of the persons mentioned in article 222A, to

imprisonment for a term not exceeding three months;

(c) if the harm is slight, without the aggravating circum-

stances referred to in the last preceding paragraph, to

imprisonment for a term not exceeding one (1) month

or to a fine (multa) or to the punishments established

for contraventions

Provided that if the punishment established for the

crime when not excusable be that established for

contraventions, the period of detention shall not

exceed twenty days and the amount of the fine

(ammenda) shall not exceed six euro and ninety-nine

cents (€6.99).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 233 in paragraph (d) of s. 230. — CRIMINAL CODE Open official source

(1) In the cases referred to in article 230(d), the offender

shall, on conviction, be liable -

(a) in the case of grievous bodily harm, to imprisonment

for a term not exceeding one-third of that established

for the crime when not excusable;

(b) in the case of slight bodily harm committed by any of

the means referred to in article 217, to imprisonment

for a term not exceeding two months.

(2) In the cases referred to in sub-article (1) if the harm is slight

and is not committed by any of the means referred to in article 217,

no punishment shall be awarded.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 234 Admissibility of excuse in case of homicide or bodily harm caused to person other than the intended victim. — CRIMINAL CODE Open official source

Whosoever shall, by mistake or accident, commit a

homicide or cause a bodily harm on a person other than that against

whom the act was intended, shall have the benefit of any excuse

which would decrease the punishment for the crime if it were

committed to the prejudice of the person against whom the act was

intended.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 235 When provocation may be pleaded. — CRIMINAL CODE Open official source

The provocations referred to in articles 227 and 230 shall

not benefit the offender, unless they shall have taken place at the

time of the act in excuse whereof they are pleaded.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 236 Homicide or bodily harm caused by husband on adulterous wife and adulterer. — CRIMINAL CODE Open official source

Repealed by: XXIX.1990.10.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 237 Homicide or bodily harm in accidental affray. — CRIMINAL CODE Open official source

Where in an accidental affray a homicide or bodily harm

is committed and it is not known who is the author thereof, each

person who shall have taken an active part against the deceased or

the person injured shall, on conviction, be liable -

(a) in the case of homicide, to imprisonment for a term not

exceeding three years;

(b) in the case of a grievous bodily harm producing the

effects mentioned in article 218, to imprisonment for a

term not exceeding one year;

(c) in the case of a grievous bodily harm without the

effects mentioned in article 218, to imprisonment for a

term not exceeding three months;

(d) in the case of a slight bodily harm, to the punishments

established for contraventions

Provided that, in the case of homicide, the person or

persons who shall have inflicted on the party killed a bodily harm

from which death might have ensued, shall, on conviction, be liable

to imprisonment for a term from five to twelve years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 238 Provoking tumult or affray for the purpose of committing homicide or causing a bodily harm. — CRIMINAL CODE Open official source

Whosoever shall provoke a tumult or an affray for the

purpose of committing a homicide or of causing a bodily harm,

shall, on conviction, be liable -

(a) if any person is killed, to the punishment established

for wilful homicide;

(b) if any person suffers a bodily harm, to the punishment

established for such bodily harm increased by one

degree.

Sub-title VI

O F THE C ONCEALMENT OF H OMICIDE OR B ODILY H ARM, AND

OF THE C ONCEALMENT OF D EAD B ODIES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 239 Concealing body of person killed. — CRIMINAL CODE Open official source

Whosoever shall knowingly conceal or unlawfully cremate

the body of a person whose death has been caused by a crime, shall,

on conviction, be liable to imprisonment for a term from four to six

months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 240 Concealing birth of child. — CRIMINAL CODE Open official source

Any person who, immediately after the delivery of a child,

shall, by secretly burying or otherwise disposing of the dead body

of the child, endeavour to conceal the birth thereof, shall, on

conviction, be liable to imprisonment for a term from four months

to one year.

CRIMINAL CODE

Sub-title VII

O F A BORTION, OF THE A DMINISTRATION OR S UPPLYING OF

S UBSTANCES P OISONOUS OR I NJURIOUS TO H EALTH, AND OF

THE SPREADING OF DISEASE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 241 Procuring miscarriage. — CRIMINAL CODE Open official source

(1) Whosoever, by any food, drink, medicine, or by

violence, or by any other means whatsoever, shall cause the

miscarriage of any woman with child, whether the woman be

consenting or not, shall, on conviction, be liable to imprisonment

for a term from eighteen months to three years.

(2) The same punishment shall be awarded against any woman

w h o s h a l l p r oc u r e he r o w n m i sc a r r i a g e , o r w ho s h a l l h a v e

consented to the use of the means by which the miscarriage is

procured.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 242 Death or grievous bodily harm caused by means used for miscarriage. — CRIMINAL CODE Open official source

If the means used shall cause the death of the woman, or

shall cause a serious injury to her person, whether the miscarriage

has taken place or not, the offender shall, on conviction, be liable to

the punishment applicable to wilful homicide or wilful bodily

harm, diminished by one to three degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 243 Where physician, etc., prescribes or administers means for causing miscarriage. — CRIMINAL CODE Open official source

Any physician, surgeon, obstetrician, or apothecary, who

shall have knowingly prescribed or administered the means

whereby the miscarriage is procured, shall, on conviction, be liable

to imprisonment for a term from eighteen months to four years, and

to perpetual interdiction from the exercise of his profession.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 243A Culpable miscarriage. — CRIMINAL CODE Open official source

Whosoever,

through

imprudence,

carelessness,

unskilfulness in his art or profession, or non-observance of

regulations, causes the miscarriage of a woman with child, shall, on

conviction, be liable to imprisonment for a term not exceeding six

months or to a fine (multa) not exceeding two thousand and three

2007. hundred and twenty-nine euro and thirty-seven cents (€2,329.37).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 243B Exceptions to articles 241(2) and — CRIMINAL CODE Open official source

No offence under sub-article (2) of article 241 or article 243

shall be committed when the cessation of a pregnancy or damage to the

243. foetus results from a medical intervention carried out for the purpose of

saving the life and protecting the health of a pregnant woman suffering

from a medical complication which may put her life at immediate risk or

her health in grave jeopardy which may lead to death

Provided that the exemption from criminal responsibility by

virtue of this article shall apply only when after having considered the

medical practices current in Malta circumstances of necessity still

subsist which dictate that the medical intervention be carried out and if

the following conditions are fulfilled

(a)

in the case of a pregnant woman suffering from a

medical complication which may put her life at immediate risk

the medical intervention is done when in the reasonable opinion

of the medical practitioner carrying out the intervention the

foetus has not reached the period of viability; or

(b)

in the case of a medical intervention carried out

due to a medical complication which places the health of a

pregnant woman in grave jeopardy which may lead to death

(i)

that in the reasonable opinion of the

medical team the foetus has not reached the period of

viability and cannot be delivered according to the

standards of the medical profession; and

(ii)

that the medical intervention is carried out

only after the medical team has confirmed the necessity

of the intervention; and

(iii) that the medical intervention is carried out

in a licensed hospital having the facilities required for

the necessary medical intervention to be carried out;

(c)

for the purposes of this article

"medical team" means three (3) medical

practitioners registered as specialists with the Medical

Council under the Health Care Professions Act, two (2)

of whom being obstetricians or gynaecologists, one (1) of

whom being the obstetrician who carries out the

intervention, and the third medical practitioner being a

specialist in the condition from which the pregnant

woman is suffering;

"period of viability" means the point in a

pregnancy at which the foetus is capable of living outside

the uterus according to current medical practices.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 244 Administering or causing others to take substances injurious to health. — CRIMINAL CODE Open official source

Whosoever shall, in any manner, maliciously administer

to, or cause to be taken by another person any poisonous or noxious

substance capable of causing any harm or injury to health, shall, on

conviction, be liable to imprisonment for a term from thirteen

months to two years, provided the offence does not in itself

constitute the offence of homicide, completed or attempted, or a

serious injury to the person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 244A Transmission, communication. etc., of disease. — CRIMINAL CODE Open official source

(1) Any person who, knowing that he suffers from, or is

afflicted by, any disease or condition as may be specified in

a c c o r d a n c e w i t h s u b - a r t i c l e ( 3 ) , i n a n y m an n e r k n o w i n g l y

transmits, communicates or passes on such disease or condition to

any other person not otherwise suffering from it or afflicted by it,

shall, on conviction, be liable to imprisonment for a term from four

2007. year to nine years

Provided that where the other person dies as a result of such

CRIMINAL CODE

disease or condition, the offender shall be liable to the punishment

established in article 211(1).

(2) Where any such disease or condition as is referred to in

sub-article (1) is transmitted, communicated or passed on through

imprudence, carelessness or through non-observance of any

regulation by the person who knew or should have known that he

suffers there from or is afflicted thereby that person shall on

conviction be liable to imprisonment for a term not exceeding six

months or to a fine (multa) not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents (€2,329.37)

Provided that where the other person dies as a result of such

disease or condition, the offender shall be liable to the punishments

established in article 225.

(3) The Minister responsible for justice shall, by notice in the

Gazette, specify diseases or conditions to which this article applies.

Sub-title VIII

O F I NFANTICIDE AND OF THE A BANDONMENT,

E XPOSURE AND ILL-TREATMENT OF C HILDREN

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 245 Infanticide. — CRIMINAL CODE Open official source

Where a woman by any wilful act or omission causes the

death of her child, being a child under the age of twelve months,

but at the time of the act or omission the balance of her mind was

disturbed by reason of her not having fully recovered from the

effects of giving birth to the child or by reason of the effects of

lactation consequent upon the birth of the child, then,

notwithstanding that the circumstances were such that but for this

article the offence would have amounted to wilful homicide, she

shall be guilty of infanticide and shall be liable to the punishment

of imprisonment for a term not exceeding twenty years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 246 Abandoning or exposing child under seven years. — CRIMINAL CODE Open official source

Whosoever shall be guilty of abandoning or exposing any

child under the age of seven years shall be liable to imprisonment

for a term from seven months to one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 247 If child dies or sustains injury. — CRIMINAL CODE Open official source

(1) Saving the provisions of article 245, where, in

consequence of the abandonment or exposure of the child, such

child dies or sustains a bodily injury, the offender shall be deemed,

in the first case, to be guilty of wilful homicide, and, in the second

case, to be guilty of wilful bodily harm, and shall be subject to the

provisions relating to homicide and bodily harm respectively; but

the punishment shall be diminished by one degree.

(2) Where the abandonment or the exposure of a child as

provided in this article shall not have taken place under

circumstances of manifest danger either to the life or to the person

of the child so abandoned or exposed, the punishment shall be

diminished by two degrees

Provided that where the punishment prescribed in sub-

articles (1) and (2), be not heavier than the punishment prescribed

in the last preceding article, the offender shall, on conviction, be

liable to the punishment prescribed in the latter article, increased

by one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 247A Ill-treatment or neglect of child under sixteen years — CRIMINAL CODE Open official source

(1) Whosoever, having the responsibility of any child

u n d e r sixteen years o f a g e , b y m e a n s o f p e r s i s t e n t a c t s o f

commission or omission ill-treats the child or causes or allows the

ill-treatment by similar means of the child shall, unless the fact

constitutes a more serious offence under any other provision of this

Code, be liable on conviction to imprisonment for a term not

exceeding two years.

(2) For the purposes of sub-article (1), ill-treatment includes

neglecting the child’s need for adequate nutrition, clothing, shelter,

and protection from harm, persistently offending the child’s dignity

and self-esteem in a serious manner and persistently imposing upon

the child age-inappropriate tasks or hard physical labour.

(3) The provisions of article 197(4) shall also apply in the case

of an offence under this article, when the offence is committed by

any ascendant or tutor.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248 Failure to take care of foundling or to make report thereof. — CRIMINAL CODE Open official source

Whosoever, having found a newly born child, shall fail to

provide for its immediate safety, or, having assumed the care

thereof, shall not, within twenty-four hours, deliver the same, or

give information thereof, to the Executive Police, shall, on

conviction, be liable, in the first case, to imprisonment for a term

from four to six months, and, in the second case, to imprisonment

for a term from one to three months

Provided that in either case, the court may, in its discretion,

award a fine (multa or ammenda) in lieu of imprisonment.

GENERAL PROVISION APPLICABLE TO OFFENCES

UNDER SUB-TITLES I TO V, BOTH INCLUSIVE,

AND SUB-TITLE VIII

248 Bis. The provisions of article 208B(2) and (2A) shall apply

to any person found guilty of any offence under Sub-titles I to V,

both inclusive, and Sub-title VIII when committed against a person

under age.

Sub-title VIII BIS

OF THE TRAFFIC OF PERSONS

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248A — CRIMINAL CODE Open official source

(1) Whosoever, by any means mentioned in sub-article

(2), traffics a person of age for the purpose of exploiting that

person in

(a) the production of goods or provision of services; or

(b) slavery or practices similar to slavery; or

(c) servitude or forced labour; or

(d) activities associated with begging; or

(e) any other unlawful activities not specifically provided

for elsewhere under this Sub-title,

shall, on conviction, be liable to the punishment of imprisonment from

six to twelve years.

For the purposes of this sub-article exploitation includes

requiring a person to produce goods and provide services under

conditions and in circumstances which infringe labour standards

governing working conditions, salaries and health and safety.

(2)

The means referred to in sub-article (1) are the following

(a) violence or threats, including abduction;

(b) deceit or fraud;

(c) misuse of authority, influence or pressure;

(d) the giving or receiving of payments or benefits to

achieve the consent of the person having control over

another person;

(e) abuse of power or of a position of vulnerability

Provided that in this paragraph "position of vulnerability"

means a situation in which the person concerned has no

real or acceptable alternative but to submit to the abuse

involved.

(3) The consent of a victim of trafficking to the exploitation,

whether intended or actual, shall be irrelevant where any of the means

set forth in sub-article (2) has been used.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248B Traffic of a person of age for the purpose of exploitation in prostitution, etc. — CRIMINAL CODE Open official source

Whosoever, by any means mentioned in article 248A(2),

trafficks a person of age for the purpose of exploiting that person in

prostitution or in pornographic performances or in the production

of pornographic material or other forms of sexual exploitation shall,

on conviction, be liable to the punishment laid down in article

248A(1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248C Traffic of a person of age for the purpose of exploitation in the removal of organs. — CRIMINAL CODE Open official source

(1) Whosoever, by any means mentioned in article

248A(2), trafficks a person of age for the purpose of exploiting that

person in the removal of any organ of the body shall on conviction

be liable to the punishment of imprisonment for a term from six to

twelve years.

(2) For purposes of this article, the removal of organs, tissues

and cells shall include the conduct referred to in article 248CA(1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248CA Trafficking in human organs. — CRIMINAL CODE Open official source

(1) Whosoever removes a human organ, tissue or cell

from living or deceased donors in any of the following

circumstances -

(a) where the removal is not performed under the Act with

the free, informed and specific consent of the living or

deceased donor, or, in the case of the deceased donor,

without the removal being authorised under the Act;

(b) where, in exchange for the removal of organs, tissues

or cells the living donor, or a third party, has been

offered or has received a financial gain or comparable

advantage;

(c) where, in exchange for the removal of organs, tissues

or cells from a deceased donor, a third party has been

offered or has received a financial gain or comparable

advantage,

shall be guilty of an offence and shall be liable on conviction to the

punishment of imprisonment for a term from six to twelve years.

(2) A person who does any of the following acts shall be guilty

of an offence against this article -

(a) makes use of illicitly removed organs, tissues or cells

as described in sub-article (1), for purposes of

implantation or other purposes than implantation;

(b) the implantation of human organs, tissues or cells from

living or deceased donors where the implantation is

not performed under the Act or where the implantation

is, in any manner, performed in breach of the Act;

(c) solicits or recruits an organ donor or a recipient for

financial gain or comparable advantage;

(d) prepares, preserves or stores illicitly removed human

organs, tissues or cells as described in sub-article (1);

(e) transports, transfers, receives, imports or exports

illicitly removed human organs, tissues or cells as

described in sub-article (1),

and shall be liable on conviction to the punishment laid down in

sub-article (1).

(3) The provisions of articles 115 and 121(3) shall, mutatis

mutandis, apply to an offence under this article.

(4) For purposes of this article -

"Act" means the Human Organs, Tissues and Cell Donation Act;

"human organ" means a differentiated part of the human body,

formed by different tissues, that maintains its structure,

vascularisation and capacity to develop physiological functions

with a significant level of autonomy

Provided that a part of an organ is also considered to be an

organ if its function is to be used for the same purpose as the entire

organ in the human body, maintaining the requirements of structure

and vascularisation;

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"financial gain or comparable advantage " shall not include

compensation for loss of earnings and any other justifiable

e x p e n s e s c a u se d b y t h e r e m o v a l o r b y t h e r e l a t e d m e d i c a l

examinations, or compensation in case of damage which is not

inherent to the removal of organs.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248D Traffic of a minor for any of the purposes mentioned in articles 248A to — CRIMINAL CODE Open official source

Whosoever trafficks a minor for any of the purposes

mentioned in articles 248A to 248CA, both inclusive, shall, on

conviction be liable to the same punishment laid down in those

articles, as the case may be, even if none of the means mentioned in

248C. article 248A(2) has been used

Provided that where any of the means mentioned in article

248A(2) has been used in the commission of the offence under this

article the punishment for the offence shall be increased by one

degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248DA Improperly inducing consent to adoption of a minor for purposes of exploitation. — CRIMINAL CODE Open official source

Whosoever, for any purpose referred to in articles 248A

to 248CA, both inclusive, acting as an intermediary for the

adoption of a child improperly induces the consent of any person

whose consent is required for the adoption shall on conviction be

liable to the punishment laid down in article 248D.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248DB Child labour. — CRIMINAL CODE Open official source

Whosoever shall practice or engage in child labour for

any of the purposes mentioned in article 248A shall, on conviction,

be liable to the punishment established under article 248D.

For the purposes of this article child labour shall include

the coercion of a person under age into forced or compulsory

l abou r fo r any purpo se wh atsoev er incl ud ing th e forced or

compulsory recruitment of minors to take part in armed conflict.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248E General provisions applicable to this Sub-title. — CRIMINAL CODE Open official source

(1) In this Sub-title, the phrase "trafficks a person" or

"trafficks a minor" means the recruitment, transportation, sale or

transfer of a person, or of a minor, as the case may be, including

harbouring and subsequent reception and exchange or transfer of

control over that person, or minor, and includes any behaviour

which facilitates the entry into, transit through, residence in or exit

from the territory of any country for any of the purposes mentioned

in the preceding articles of this Sub-title, as the case may be.

(2) Where any of the offences in articles 248A to 248D, both

inclusive -

(a) is accompanied by violence, or has resulted in harm to

the physical or psychological health of the victim; or

(b) generates proceeds exceeding eleven thousand and six

hundred and forty-six euro and eighty-seven cents

(€11,646.87); or

(c) is committed with the involvement of a criminal

organisation within the meaning of article 83A(1); or

(d) is committed by a public officer or servant in the

course of the exercise of his duties; or

(e) is committed against a vulnerable person within the

meaning of article 208AC(2); or

(f)

when the offender wilfully or recklessly endangered

the life of the person trafficked; or

(g) when the offender has been previously convicted of an

offence under this article; or

(h) is committed by a member of the child’s family, a person

cohabiting with the child or a person who has abused a

recognised position of trust or authority,

the punishment otherwise due shall be increased by one degree.

(3) The provisions of article 121D shall apply mutatis mutandis

to the offences under this Sub-title, so however that the punishment

to which the body corporate shall be liable under this sub-article

shall be the payment of a fine (multa) of not less than twenty

thousand euro (€20,000) and not more than two million euro

(€2,000,000), which fine may be recovered as a civil debt and the

sentence of the Court shall constitute an executive title for all

intents and purposes of the Code of Organization and Civil

Procedure.

(4) Where the person found guilty of any of the offences under

this Sub-title -

(a) was at the time of the commission of the offence an

employee or otherwise in the service of a body

corporate, and

(b) the commission of the offence was for the benefit, in

part or in whole, of that body corporate, and

(c) the commission of the offence was rendered possible

because of the lack of supervision or control by a

person referred to in article 121D,

the person found guilty as aforesaid shall be deemed to be vested

with the legal representation of the same body corporate which

shall be liable to the payment of a fine (multa) of not less than ten

thousand euro (€10,000) and not exceeding two million euro

(€2,000,000).

(4A) Whenever the offence is committed for the benefit, in part

or in whole, of a body corporate by a person who has the power of

representation of the body corporate, authority to take decisions on

behalf of the body corporate, or authority to exercise control of the

body corporate, the legal person may be subject to

(i) exclusion from entitlement to public benefits or

aid;

(ii) the suspension or cancellation of any licence,

permit or other authority to engage in any trade,

business or other commercial activity;

(iii) placing under judicial supervision;

(iv) the compulsory winding up of the body

corporate; or

(v) the temporary or permanent closure of any

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establishment which may have been used for the

commission of the offence.

(5) Without prejudice to the provisions of article 5, the Maltese

courts shall also have jurisdiction over the said offences where

(a) only part of the action giving execution to the offence

took place in Malta; or

(b) the offender is a Maltese national or permanent

resident in Malta or the offence was committed for the

benefit of a body corporate registered in Malta; or

(c) the offence was committed against a Maltese national or

permanent resident in Malta.

(6) The offences committed under this Sub-title shall not be

liable to punishment if the offender was compelled thereto by

another person where the provisions of article 33(b) do not apply.

(7) The provisions of article 14 of the Immigration Act shall

not apply until the lapse of thirty days from the date that the

Principal Immigration Officer has reasonable grounds to believe

that the person concerned is a victim of any of the offences under

this Sub-title.

(8) The provisions of articles 13 and 14 of the White Slave

Traffic (Suppression) Ordinance, shall, mutatis mutandis, apply.

(9) Notwithstanding any other provision of this Code or of any

other law, the period of prescription shall run from the day on

which the victim attains the age of majority.

(10) For the purposes of this article the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).

248F (1). Whosoever aids, abets or instigates any offence under

this Sub-title shall be guilty of an offence and shall be liable on

conviction to the punishment laid down for the offence aided,

abetted or instigated.

(2) Any person who engages in or makes use of the services or

labour as referred to in articles 248A to 248D, both inclusive, in the

knowledge that the person providing the service has been trafficked

within the meaning of article 248E(1), shall be guilty of an offence

and liable, on conviction, to imprisonment for a term of eighteen

months to five years.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 248F Ġħajnuna u assistenza. Miżjud: XVIII.2013.6. — KODIĊI KRIMINALI Open official source

(1). Kull min jgħin, jassisti jew jinstiga xi reat taħt dan is-

Sub-titolu jkun ħati ta’ reat u jeħel meta jinstab ħati, il-piena

stabbilita għar-reat mgħejjun, assistit jew instigat.

(2) Kull persuna li twettaq jew tagħmel użu mis-servizzi jew

xogħol kif imsemmija fl-artikoli 248A sa 248D, it-tnejn inklużi,

meta tkun taf li l-persuna li tipprovdi s-servizz ġiet ittraffikata fi

ħdan it-tifsira tal-artikolu 248E(1), tkun ħatja ta’ reat u teħel, meta

tinstab ħatja, priġunerija għal perjodu bejn tmintax-il xhar u ħames

snin.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 248G Non- applicability of provisions. — CRIMINAL CODE Open official source

The provisions of articles 21 and 28A of this Code and the

provisions of the Probation Act shall not apply in respect of any

person convicted of an offence under this Sub-title.

Sub-title IX

O F T HREATS, P RIVATE V IOLENCE AND HARASSMENT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 249 Threats by means of writings. — CRIMINAL CODE Open official source

(1) Whosoever by means of any writing, whether

anonymous or signed in his own or in a fictitious name, shall

threaten the commission of any crime whatsoever, shall, on

conviction, be liable to imprisonment for a term from six to twelve

months or to a fine (multa) not exceeding five thousand euro (€5,000),

or to both such imprisonment and fine

Provided that where the threat concerns the use of nuclear

material to cause death or serious injury to any person or

substantial damage to property or the commission of an offence of

theft of nuclear material in order to compel a natural or legal

person, international organization or State to do or to refrain from

doing any act the punishment for the offence shall be increased by

three degrees; the expression "nuclear material" shall have the

same meaning assigned to it by article 314B(4).

(2) Where the threat, be it even verbal, contains an order, or

imposes a condition, the offender shall, on conviction, be liable to

the punishment prescribed in sub-article (1), provided that such fine

(multa) shall not exceed ten thousand euro (€10,000).

(3) Moreover the offender shall be required to find a surety, or

to enter into a recognizance as provided in articles 383, 384 and

385.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 250 Blackmail. — CRIMINAL CODE Open official source

(1) Whosoever, with intent to extort money or any other

thing, or to make any gain, or with intent to induce another person

to execute, destroy, alter, or change any will, or written obligation,

title or security, or to do or omit from doing any thing, shall

threaten to accuse or to make a complaint against, or to defame,

that or another person, shall, on conviction, be liable to

imprisonment for a term from one to four years.

(2) Where by such threat the offender shall have attained his

end, he shall be liable to imprisonment for a term from eighteen

months to five years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251 Private violence. — CRIMINAL CODE Open official source

(1) Whosoever shall use violence, including moral and, or,

psychological violence, and, or coercion, in order to compel another

person to do, suffer or omit anything or to diminish such other person’s

abilities or to isolate that person, or to restrict access to money,

education or employment shall, on conviction, be liable to the

punishment laid down in sub-article (1) of the last preceding

article.

(2) Where the offender shall have attained his end, he shall be

liable to the punishment laid down in sub-article (2) of the last

preceding article.

(3) Whosoever shall cause another to fear that violence will be

used against him or his property or against the person or property

of any of his ascendants, descendants, brothers or sisters or any

person mentioned in article 222(1) shall be liable to the

punishments prescribed in sub-article (1) decreased by one to two

degrees

Provided that where the offender shall have attained his

end, he shall be liable to the punishment laid down in sub-article

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(2) decreased by one to two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251A Harassment. — CRIMINAL CODE Open official source

(1) A person who

(a) pursues a course of conduct which amounts to

harassment of another person; or

(b) pursues a course of conduct which he knows or ought

to know amounts to harassment of such other person;

or

(c) subjects another person to an act of physical intimacy;

or

(d) requests sexual favours from another person; or

(e) subjects another person to any act and, or conduct with

sexual connotations, including spoken words, gestures

and, or the production, display or circulation of any

written words, pictures, and, or any other material,

where such act, words, and, or conduct is unwelcome

to the victim, and could be reasonably be regarded as

offensive, humiliating, degrading, and, or intimidating

towards that person,

shall be guilty of an offence under this article.

(2) For the purpose of this article, the person whose course of

conduct is in question ought to know that it amounts to harassment

of another person if a reasonable person in possession of the same

information would think the course of conduct amounted to

harassment of the other person.

(3) It is a defence for a person charged with an offence under

this article to show that

(a) his course of conduct was pursued for the purpose of

preventing or detecting crime; or

(b) his course of conduct was pursued under any

enactment, regulation or rule, or to comply with any

condition or requirement imposed by any person under

any enactment; or

(c) in the particular circumstances the pursuit of the

course of conduct was reasonable.

(4) A person guilty of an offence under this article shall be

liable to the punishment of imprisonment for a term from six

months to two years or to a fine (multa) of not less than five

thousand euro (€5,000) and not more than ten thousand euro

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

Provided that the punishment shall be increased by one degree

where the offence is committed against any person mentioned in article

222(1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251AA Stalking. — CRIMINAL CODE Open official source

(1) A person who

(a) pursues a course of conduct in breach of article

251A(1), and

(b) the course of conduct amounts to stalking,

shall be guilty of an offence under this article.

(2) For the purposes of paragraph (b) of sub-article (1) of this

article and article 251BA(1)(a), a person’s course of conduct

amounts to stalking of another person if

(a) it amounts to harassment of that person,

(b) it constitutes any of the acts mentioned in sub-article

(3),

(c) the person, whose course of conduct it is, knows or

ought to know that the course of conduct amounts to

harassment of the other person, and

(d) it is repeated conduct that causes the other person to fear

for his safety.

(3)

The following acts shall be deemed to be acts of stalking

(a) following a person,

(b) contacting, or attempting to contact, a person by any

means,

(c) publishing, by any means, any statement or other

material -

(i) relating or purporting to relate to a person, or

(ii) purporting to originate from a person,

(d) monitoring the use by a person of the internet, email or

any other form of electronic communication,

(e) loitering in any place, whether public or private,

(f)

interfering with any property in the possession of a

person,

(g) watching or spying on a person.

(4) A person guilty of an offence under this article shall be

liable to the punishment of imprisonment for a term from one to two

years o r t o a f in e ( m ul t a) n ot e x c e e d in g t e n t ho u s a n d e u ro

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

Provided that the punishment shall be increased by one

d e g r e e w h e n t h e o ff e n c e i s c o m m i t t e d a g a i n s t a n y p e r s o n

mentioned in article 222(1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251B Causing others to fear that violence will be used against them. — CRIMINAL CODE Open official source

(1) A person whose course of conduct causes another to

fear that violence will be used against him or his property or

against the person or property of any of his ascendants,

descendants, brothers or sisters or any person mentioned in article

222(1) shall be guilty of an offence if he knows or ought to know

that his course of conduct will cause the other so to fear on each of

those occasions, and shall be liable to the punishment of

imprisonment for a term from one to two years or to a fine (multa) of

CRIMINAL CODE

not less than six thousand and five hundred euro (€6,500) and not more

than fifteen thousand euro (€15,000), or to both such fine and

imprisonment.

(2) For the purpose of this article, the person whose course of

conduct is in question ought to know that it will cause another

person to fear that violence will be used against him on any

o c c a s i o n i f a r e a s o n a b l e p e r s o n i n p o ss e s s i o n o f t h e s a m e

information would think the course of conduct would cause the

other so to fear on that occasion.

(3) It is a defence for a person charged with an offence under

this article to show that

(a) his course of conduct was pursued in the

circumstances mentioned in article 251A(3)(a) or (b);

or

(b) the pursuit of his course of conduct was reasonable for

the protection of himself or another or for the

protection of his or another’s property.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251BA Stalking involving fear of violence, serious alarm or distress. — CRIMINAL CODE Open official source

(1) A person whose course of conduct -

(a) amounts to stalking, and

(b) either

(i)

causes another to fear on at least two occasions

that violence will be used against him, or

(ii) causes him serious alarm or distress which has a

substantial adverse effect on his usual day-to-

day activities,

shall be guilty of an offence under this article if he knows or ought

to know that his course of conduct will cause that person so to fear

on each of those occasions or, as the case may be, will cause such

alarm or distress.

(2) For the purposes of this article, the person whose course of

conduct is in question ought to know that it will cause another

person to fear that violence will be used against him on any

o c c a s i o n i f a r e a s o n a b l e p e r s o n i n p o ss e s s i o n o f t h e s a m e

information would think the course of conduct would cause the

other so to fear on that occasion.

(3) For the purposes of this article, the person whose course of

conduct is in question ought to know that it will cause another

person serious alarm or distress which has a substantial adverse

e ff e c t on t h e s a i d p e r s on ’s u s ua l da y - t o - da y ac t iv i t i e s i f a

reasonable person in possession of the same information would

think the course of conduct would cause the other such alarm or

distress.

(4) It shall be a defence for a person charged with an offence

under this article that his course of conduct was pursued in the

circumstances mentioned in article 251B(3)(a) or (b).

(5) A person guilty of an offence under this article shall be

liable to imprisonment for a term for two years to five years or to a

fine (multa) not exceeding thirty thousand euro (€30,000), or to

both such fine and imprisonment

Provided that the punishment shall be increased by one

d e g r e e w h e n t h e o ff e n c e i s c o m m i t t e d a g a i n s t a n y p e r s o n

mentioned in article 222(1).

(6) The acquittal of a person charged with an offence under this

article shall not exclude a conviction for an offence under articles

251A or 251AA.

(7) This article shall be without prejudice to the generality of

the provisions of article 251B.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251BB Cyber-stalking. — CRIMINAL CODE Open official source

(1) Any person who with intention to cause physical or

mental harm to another person, including self harm or to arouse

apprehension or fear in the other person for his or her own safety or

that of any other person, does any of the following acts shall be guilty

of an offence against this article

(a)

stalks another person by contacting another

person through the use of a computer or other electronic

communication device or by any other digital or

communication device whatsoever;

(b)

causes an unauthorised computer function in a

computer owned or used by another person;

(c)

traces the other person’s use of the internet or

other electronic communication.

(2)

For the purpose of this article, a person whose course of

conduct is in question ought to know that it will cause physical or

mental harm to another person, including self harm or that it will

arouse apprehension or fear in the other person for his own safety or

that of any other person, if a reasonable person in possession of the said

information would think that the course of conduct would cause any one

of the said consequences on the other person on that occasion.

(3)

A person found guilty of an offence under this article shall be

liable to imprisonment for a term for one (1) year to five (5) years, or to

a fine (multa) not exceeding thirty thousand euro (€30,000), or to both

such fine and imprisonment.

(4)

The provision of sub-article (1) shall not apply to conduct

engaged in by a person performing official duties for the purpose of

(a)

the enforcement of criminal law;

(b)

the administration of any Act;

(c)

the enforcement of a law imposing a pecuniary

penalty;

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(d)

the execution of any warrant issued by a

competent authority; or

(e)

the protection and collection of public revenue.

(5)

It shall constitute a defence to the charge, for the accused to

prove that the course of conduct was engaged without malicious

intent

(a)

in the normal course of a lawful business, trade,

profession or enterprise; or

(b)

for the purpose of engaging in discussion or

communication with respect to public affairs.

(6)

The punishment shall be increased by one degree where any

one or more of the following circumstances results

(a)

where the harm is caused to a person under age or

a person who is vulnerable as a result of his mental capacity; or

(b)

where the offence is committed by two (2) or

more persons acting together.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251BC Cyberbullying. — CRIMINAL CODE Open official source

(1) Any person who, with intention to cause physical or

mental harm to another person, including self harm or to cause

apprehension or fear in the other person for his safety or that of any

other person, does any of the following acts shall be guilty of an

offence against this article

(a)

threatens, intimidates or uses abusive or offensive

words directed to the other person by means of the use of a

computer or other electronic communication device or by any

other digital or communication device whatsoever;

(b)

performs abusive or offensive acts to the person

or directs abusive or offensive acts towards the other person by

means of the use of a computer or other electronic

communication device or by any other digital or

communication device whatsoever.

(2)

For the purpose of this article, a person whose course of

conduct is in question ought to know that it will cause physical or

mental harm to another person, including self harm or it will cause

apprehension or fear in the other person for his own safety or that of

any other person, if a reasonable person in possession of the said

information would think that the course of conduct would cause any one

of the said consequences on the other person on that occasion.

(3)

A person found guilty of an offence under this article shall be

liable to imprisonment for a term for one (1) year to five (5) years, or to

a fine (multa) not exceeding thirty thousand euro (€30,000), or to both

such fine and imprisonment.

(4)

The punishment shall be increased by one degree where any

one or more of the following circumstances results

(a)

where the harm is caused to a person under age or

a person who is vulnerable as a result of his mental capacity; or

(b)

where the offence is committed by two or more

persons acting together.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251C Interpretation of articles 251A to — CRIMINAL CODE Open official source

In articles 251A to 251BA, both inclusive, references to

harassing a person include alarming the person or causing the

251BA. person distress.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251D General provisions. — CRIMINAL CODE Open official source

(1) The punishments established in the foregoing

provisions of this Sub-title shall be increased by one to two degrees

when the offence is aggravated or motivated on the grounds of

gender, gender identity, sexual orientation, race, colour, language,

national or ethnic origin, age, disability, citizenship, religion or

belief or political or other opinion within the meaning of sub-

articles (3) to (6), both inclusive, of article 222A.

(2) The punishments established in articles 251A to 251BA,

both inclusive, shall be increased by one degree when the offence is

committed by any of the means mentioned in article 337B(1).

(3) Where a person is charged under articles 251 to 251BC, both

inclusive, the court may make an order in terms of sub-article (1)

and paragraphs (a) to (c), both inclusive, of sub-article (3) of article

412C.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251E Female genital mutilation. — CRIMINAL CODE Open official source

(1) Whosoever, for non-medical reasons, performs an

operation or carries out any intervention on a woman’s genitalia

that damages the genitalia or inflicts upon them permanent

changes, shall be guilty of enforced female genital mutilation and

shall be liable to the punishment of imprisonment for a term from

five to ten years.

(2)

(a) Whosoever shall be guilty of female genital mutilation

from which death shall ensue solely as a result of the

nature or the natural consequences of the harm and not

of any supervening accidental cause, shall be liable -

(i)

to imprisonment for a term from six to twenty

years, if death shall ensue within forty days to

be reckoned from the midnight immediately

preceding the operation or intervention;

(ii) to imprisonment for a term from six to twelve

years, if death shall ensue after the said forty

days, but within one year to be reckoned as

above.

CRIMINAL CODE

(b) If death shall ensue as a result of a supervening

accidental cause and not solely as a result of the nature

or the natural consequences of the operation or

intervention, the offender shall, on conviction, be

liable to imprisonment for a term from six to twelve

years.

(3) Consent of the person undergoing the operation or

intervention shall not justify exemption from punishment.

(4) Whosoever shall wilfully fail to seek to avert, by formal

complaint or in another manner, female genital mutilation, shall be

liable to a fine (multa) of not less than one thousand euro (€1,000)

and not exceeding five thousand euro (€5,000) or to a term of

imprisonment for a term of six months to two years, or to both such

fine and imprisonment

Provided that the duty to avert such an act shall apply

regardless of any duty of confidentiality.

(5) For purposes of this article the terms "operation" and

"intervention" shall include the excision, infibulation or mutilation

of the genitalia.

(6) Whosoever aids, abets, counsels, incites, procures or coerces a

female to excise, infibulate or otherwise mutilate the whole or any

part of her own genitalia, shall be guilty of an offence and shall be

liable, on conviction, to the punishment laid down under this

article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251EA Virginity testing. — CRIMINAL CODE Open official source

(1) Whosoever carries out virginity testing upon another

person by examining the female genitalia of that person shall be guilty

of an offence and shall, on conviction, be liable to the punishment of

imprisonment for a term of not less than one (1) year but not exceeding

five (5) years.

(2)

Whosoever aids, abets, counsels, incites, procures, coerces

or advertises virginity testing shall be guilty of an offence and shall, on

conviction, be liable to the punishment provided for in sub-article (1).

(3)

For the purposes of this article "female genitalia" means

vagina or vulva, and "virginity testing" means the examination of

female genitalia, with or without consent, for the purpose or purported

purpose of determining virginity

Provided that it does not include any medical examination of

the female genitalia which may be carried out by a medical

professional during a medical intervention, in accordance with

established medical practices.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251F Enforced sterilization. — CRIMINAL CODE Open official source

(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

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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.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251G Forced marriage. — CRIMINAL CODE Open official source

Any person who by force, bribery, deceit, deprivation of

liberty, improper pressure or any other unlawful conduct or by

threats of such conduct, forces anyone to enter into a marriage shall

be guilty of causing a forced marriage and shall, unless the fact

constitutes a more serious offence under any other provision of this

Code, be liable on conviction to imprisonment for a term from three

to five years

Provided that any act so made in contravention of this

provision shall be null and without effect at law

Provided further that for the purposes of this article,

marriage shall mean any religious or civil ceremony of marriage,

whether or not legally binding

Provided further that for the purposes of this article, when the

marriage is not legally binding, the marriage shall be socially

recognised as having similar effects as a marriage.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251GA Luring of a person to the territory of another State to marry. — CRIMINAL CODE Open official source

Any person who by force, bribery, deceit, deprivation of

liberty, improper pressure or any other unlawful conduct or by threats

of such conduct, lures another person to the territory of another State

other than the one he or she resides in with the purpose of forcing such

person to enter into a marriage shall, unless the fact constitutes a more

serious offence under any other provision of this Code, be liable upon

conviction to imprisonment for a term from four (4) to six (6) years

Provided that for the purposes of this article, marriage shall

mean any religious or civil ceremony of marriage, whether or not

legally binding

Provided further that for the purposes of this article, when the

marriage is not legally binding, the marriage shall be socially

recognised as having similar effects as a marriage.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251H Increase in punishment. — CRIMINAL CODE Open official source

The punishment for the offences referred to in articles 251

to 251G, both inclusive, shall be increased by one to two degrees in

case of one or more of the following circumstances arising

(a) the offence was committed against a former or current

spouse or partner, by a member of the family, a person

cohabiting with the victim or a person having abused

her or his authority

Provided that, in this paragraph spouse includes a

person whose marriage with the accused has been

dissolved or declared null.

(b) the offence, or related offences, were committed

repeatedly;

(c) the offence was committed against a vulnerable person

within the meaning of article 208AC(2);

(d) the offence was committed against or in the presence

of a minor;

(e) the offence was committed by two or more people

acting together;

(f)

the offence was preceded or accompanied by violence;

(g) the offence was committed with the use or threat of a

weapon;

(h) the offence resulted in severe

physical

or

psychological harm for the victim;

(i)

the offender has been previously convicted of offences

of a similar nature.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251HA Aggravating circumstances. — CRIMINAL CODE Open official source

The punishment prescribed for any of the crimes referred to

in the preceding articles of this Sub-title shall be increased by one to

two degrees in case of one or more of the circumstances referred to in

article 202, where and as applicable, provided that where an

aggravation of punishment in respect of the circumstances mentioned

in this article is already provided for under this Code or any other law,

the higher punishment may be applied.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 251I Applicability of provisions. — CRIMINAL CODE Open official source

(1) The following provisions shall apply to the offences

under articles 198, and 251 to 251G, both inclusive.

(2) Without prejudice to the provisions of article 5, the Maltese

courts shall also have jurisdiction over the said offences where

(a) only part of the action giving execution to the offence

took place in Malta; or

(b) the offender is a Maltese national or permanent or

habitual resident in Malta; or

(c) the offence was committed against a Maltese national

or permanent or habitual resident in Malta.

(3) Notwithstanding any other provision of this Code or of any

other law, where the person against whom the offence is committed

is a minor, the period of prescription shall run from the day on

which the victim attains the age of majority.

(4) For the purposes of this article the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).

Sub-title X

OF DISCLOSURE OF INFORMATION

RECEIVED IN CONFIDENCE

252. Deleted by XI.2018.25 .

253. Deleted by XI.2018.25.

254. Deleted by XI.2018.25.

255. Deleted by XI.2018.25.

256. Deleted by XI.2018.25.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 252 Inġurji. Emendat: XI.1900.36; IV.1916.2. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 253 Meta mhix ammissibbli l- prova tal-verità tal-fatt. Emendat: XI.1900.36; IV.1916.3. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 254 Eċċezzjonijiet. Ċirkostanzi li jnaqqsu l-piena. Setgħat tal-qorti. Emendat: XI.1900.36. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 255 Ebda proċediment ma jittieħed mingħajr il- kwerela tal-parti offiża. Emendat: XXIII.2017.11. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 256 XI.1900.36. Libelli. Emendat: XIV.1889.44; XI.1900.36; XXII.1976.4. — KODIĊI KRIMINALI Open official source

Imħassar bl-Att XI.2018.25

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257 Disclosing of professional secrets. — CRIMINAL CODE Open official source

If any person, who by reason of his calling, profession or

office, becomes the depositary of any secret confided in him, shall,

except when compelled by law to give information to a public

authority, disclose such secret, he shall on conviction be liable to a

fine (multa) not exceeding forty-six thousand and five hundred and

eighty-seven euro and forty-seven cents (€46,587.47) o r t o

imprisonment for a term not exceeding two years or to both such

2007. fine and imprisonment

Provided that, notwithstanding the provisions of any other

law, it shall be a defence to show that the disclosure was made to a

competent public authority in Malta or outside Malta investigating

any act or omission committed in Malta and which constitutes, or if

committed outside Malta would in corresponding circumstances

constitute -

(a) any of the offences referred to in article 22(2)(a)(1) of

the Dangerous Drugs Ordinance; or

(b) any of the offences referred to in article 120A(2)(a)(1)

of the Medical and Kindred Professions Ordinance; or

(c) any offence of money laundering within the meaning

of the Prevention of Money Laundering Act

Provided further that the provisions of the first proviso of

this article shall not apply to a person who is a member of the legal

or the medical profession.

Sub-title XI

O F ABUSE ON ELDERLY OR DEPENDANT PERSONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257A — CRIMINAL CODE Open official source

(1) A person who knows or ought to know that a person is

an elder or a dependent adult and who, under circumstances or

conditions likely to produce grievous bodily harm or death,

wilfully causes or permits any elder or dependent adult to suffer, or

inflicts on such person unjustifiable physical pain or mental

suffering, or having the care or custody of any elder or dependent

adult, wilfully causes or permits the person or health of the elder or

dependent adult to be injured, or wilfully causes or permits the

elder or dependent adult to be placed in a situation in which his

person or health is endangered, shall be guilty of an offence and,

without prejudice to any other punishment to which he may be

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

shall be liable to the punishment of imprisonment for a term from

two to five years.

(2) For the purpose of this article, the person whose course of

conduct is in question ought to know that a person is an elder or a

dependent adult if a reasonable person in possession of the same

information would think that the said person is an elder or a

dependent adult.

(3)

Where as a result of the conduct described in sub-article

CRIMINAL CODE

(1), the victim suffers grievous bodily harm, the punishment

provided for under sub-article (1) shall be increased as follows

(a) where the victim is under seventy years of age, by one

to two degrees;

(b) where the victim is over seventy years of age, by two

to three degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257B Grievous bodily harm followed by death. — CRIMINAL CODE Open official source

(1) Whosoever shall be guilty of a grievous bodily harm

from which death shall ensue solely as a result of the nature or the

natural consequences of the harm caused by the conduct described

in article 257A(1) and not of any supervening accidental cause,

shall be liable -

(a) to imprisonment for a term from nine to twenty years,

if death shall ensue within forty days to be reckoned

from the midnight immediately preceding the crime;

(b) to imprisonment for a term from six to fifteen years, if

death shall ensue after the said forty days, but within

one year to be reckoned as above.

(2) If death shall ensue as a result of a supervening accidental

cause and not solely as a result of the nature or the natural

consequences of the harm, the offender shall, on conviction, be

liable to imprisonment for a term from five to twelve years.

(3) If the bodily harm is inflicted within the limits of the

territorial jurisdiction of Malta, the crime shall be held to have

been completed within those limits, even if the death of the person

injured shall occur outside those limits.

(4) The punishments provided for under this article shall be

increased as follows

(a) where the victim is under seventy years of age by one

to two degrees;

(b) where the victim is over seventy years of age by two to

three degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257C — CRIMINAL CODE Open official source

(1) A person who knows or ought to know that a person is

an elder or a dependent adult and who, under circumstances or

conditions other than those likely to produce grievous bodily harm

or death, wilfully causes or permits any elder or dependent adult to

suffer, or inflicts thereon unjustifiable physical pain or mental

suffering, or having the care or custody of any elder or dependent

adult, wilfully causes or permits the person or health of the elder or

dependent adult to be injured or wilfully causes or permits the elder

or dependent adult to be placed in a situation in which his or her

person or health may be endangered, shall be guilty of an offence

and, without prejudice to any other punishment to which he may be

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

shall be liable to the punishment of imprisonment for a term from

one to three years.

(2) Where as a result of the conduct described in sub-article

(1), the victim suffers bodily harm, the punishment shall be

increased as follows

(a) where the victim is under seventy years of age by one

degree;

(b) where the victim is over seventy years of age by two

degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257D Offences relating to crimes against property and public safety. — CRIMINAL CODE Open official source

(1) Any person found guilty of any offence under Title IX

of Part II of Book First, when committed against an elder or a

dependent adult, shall be liable to the punishment provided for in

this article

(a) when the amount of the damage caused by the offender

exceeds three thousand euro (€3,000) the punishment

shall be that of imprisonment from two to nine years;

(b) when the amount of the damage caused by the offender

exceeds two hundred and fifty euro (€250) but does

not exceed three thousand euro (€3,000), the

punishment shall be that of imprisonment from nine

months to three years

Provided that if the punishment laid down for the

relevant offence in this Sub-title is higher than the

punishment laid down in this paragraph, the former

punishment shall apply increased by one degree and,

in the case of the offence under article 294, the

punishment so increased shall not be awarded in its

minimum;

(c) when the amount of the damage caused by the offender

does not exceed two hundred and fifty euro (€250) the

offender shall be liable to imprisonment for a term not

exceeding six months.

(2) In addition to any punishment to which the person

convicted of an offence under this Sub-title may be sentenced and

in addition to any penalty to which a body corporate may become

liable under the provisions of article 121D, the court may order the

offender to make restitution to the injured party of any property or

proceeds stolen or knowingly received or obtained by fraud or

other unlawful gain to the detriment of such party by or through the

offence or to pay to such party such sum of money as may be

determined by the court as compensation for any such loss as

aforesaid or for any damages or other injury or harm including

moral and psychological harm caused to such party by or through the

offence; and any such order may include both a direction to make

restitution and, in default, to pay as aforesaid. The order shall

constitute an executive title for all intents and purposes of the Code

of Organization and Civil Procedure.

(3) When issuing an order under sub-article (1), the Court may

direct that such costs or damages are paid in instalments, in particular

having regard to any other obligations which the offender has towards

the victim or any of the victim’s dependants.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257E Unlawful arrest, detention or confinement of an elder or a dependent adult. — CRIMINAL CODE Open official source

(1) Whosoever, without a lawful order, arrests, detains or

confines an elder or a dependent adult against the will of the same,

or in any manner restricts or impedes the free movement and

unrestrained access to an elder or a dependent adult, shall, on

conviction, be liable to imprisonment for a term of eighteen months

to four years.

(2) Where the conduct described in sub-article (1) has been

committed through the use of violence, force, bribery, deceit,

device or pretence, improper pressure or any other unlawful

conduct or by threats of such conduct, the punishment shall be

increased by two to three degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 257F Applicability of provisions. — CRIMINAL CODE Open official source

(1) The following provisions shall apply to the offences

under articles 257A to 257E.

(2) The provisions of articles 121D and 248E(4) shall apply

mutatis mutandis.

(3) Without prejudice to the provisions of article 5, the Maltese

courts shall also have jurisdiction over the said offences where

(a) only part of the action giving execution to the offence

took place in Malta; or

(b) the offender is a Maltese national or permanent

resident in Malta or the offence was committed for the

benefit of a body corporate registered in Malta; or

(c) the offence was committed against a Maltese national

or permanent resident in Malta.

(4)

For the purposes of this Sub-title

"elder" means a person who has attained the age of sixty years;

"dependent adult" means a person of age suffering from a degree

of physical or mental infirmity which restricts his ability to carry

out normal activities or to protect his rights, including, but not

limited to, persons who have physical or developmental disabilities

or whose physical or mental abilities have diminished because of

age and includes any person who is admitted as an inpatient to a 24-

hour health facility, or is a resident in, or has been admitted to, any

institution offering any form of medical or psychological care;

"permanent resident" shall have the same meaning assigned to it

by article 5(1)(d);

"proceeds" means any economic advantage and any property

derived from or obtained, directly or indirectly, through the

commission of the offence and includes any income or other

benefits derived from such property;

"property" means assets of every kind, whether corporeal or

incorporeal, movable or immovable, tangible or intangible, and

legal documents or instruments evidencing title to, or interest in,

such assets.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 258 Suppression of epistolary or telegraphic correspondence. — CRIMINAL CODE Open official source

Repealed by Act XVII.1996.19.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 259 Unlawful opening of closed letters, etc. Unlawful possession of closed correspondence. — CRIMINAL CODE Open official source

Repealed by Act XVII.1996.19.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 260 Complaint by aggrieved party. — CRIMINAL CODE Open official source

Repealed by Act XVII.1996.19.

Title IX

O F C RIMES AGAINST P ROPERTY AND P UBLIC S AFETY

Sub-title I

O F T HEFT

O F A GGRAVATED T HEFT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 261 Theft. Aggravating circumstances. — CRIMINAL CODE Open official source

The crime of theft may be aggravated -

(a)

by "violence";

(b) by "means";

(c) by "amount";

(d) by "person";

(e) by "place";

(f)

by "time";

(g) by "the nature of the thing stolen".

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 262 Theft aggravated by "violence". — CRIMINAL CODE Open official source

(1) A theft is aggravated by "violence" -

(a) where it is accompanied with homicide, bodily harm,

or confinement of the person, or with a written or

verbal threat to kill, or to inflict a bodily harm, or to

cause damage to property;

CRIMINAL CODE

(b) where the thief presents himself armed, or where the

thieves though unarmed present themselves in a

number of more than two;

(c) where any person scouring the country-side and

carrying arms proper, or forming part of an assembly

in terms of article 63, shall, by a written or verbal

request, made either directly or through another

person, cause to be delivered to him the property of

another, although the request be not accompanied with

any threat.

(2) In order that an act of violence may be deemed to aggravate

t h e t h e f t , i t s h a l l b e s u ff i c i e n t t h a t s u c h a c t b e c o m m i t t e d

previously to, at the time of, or immediately after the crime, with

the object of facilitating the completion thereof, or of screening the

offender from punishment or from arrest or from the hue and cry

raised by the injured party or by others, or of preventing the

recovery of the stolen property or by way of revenge because of

impediment placed or attempted to be placed in the way of the

theft, or because of the recovery of the stolen property or of the

discovery of the thief.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 263 Theft aggravated by "means". — CRIMINAL CODE Open official source

Theft is aggravated by "means" -

(a) when it is committed with internal or external

breaking, with false keys, or by scaling;

(b) when the thief makes use of any painting, mask, or

other covering of the face, or any other disguise of

garment or appearance, or when, in order to commit

the theft, he takes the designation or puts on the dress

of any civil or military officer, or alleges a fictitious

order purporting to be issued by any public authority,

even though such devices shall not have ultimately

contributed to facilitate the theft, or to conceal the

perpetrator thereof.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 264 Definition of "breaking". — CRIMINAL CODE Open official source

(1) "Breaking" shall include the throwing down,

breaking, demolishing, burning, wrenching, twisting, or forcing of

any wall, not being a rubble wall enclosing a field, roof, bolt,

padlock, door, or other similar contrivances intended to prevent

entrance into any dwelling-house or other place or enclosure, or to

l o c k u p o r s e c u r e wa r e s o r o t h e r ar t i c l e s i n b o x e s , t r un k s ,

cupboards, or other receptacles, and the breaking of any box, trunk,

or other receptacle even though such breaking may not have taken

place on the spot where the theft is committed.

Saving the provisions of article 326, any breaking, twisting,

wrenching, or forcing of the pipes of the public water service or of

the gas service, or of the wires or cables of the electricity service,

or of the meters thereof, or of any seal of any meter, made for the

purpose of effecting an unlawful communication with such pipes,

wires, or cables, or the existence of artificial means as are

mentioned in sub-article (2), shall also be deemed to be "breaking".

(2) In the case of breaking of pipes of the public water service

or of the gas service, or of the wires or cables of the electricity

service, or of the metres thereof, or of any seal of any meter, or in

the case of the existence of artificial means capable of effecting the

unlawful use or consumption of water, gas or electric current, or

capable of preventing or altering the measurement or registration

on the meter of the quantity used or consumed, shall, until the

contrary is proved, be taken as evidence of the knowledge on the

part of the person occupying or having the control of the tenement

in which such breaking or artificial means are found, of the said use

or consumption of water, gas or electric current, as the case may be.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 265 Definition of "false key". — CRIMINAL CODE Open official source

Any hook, picklock, skeleton-key, or any key imitated,

counterfeited, or adapted, and any genuine key when procured by

means of theft, fraud or any kind of artifice, and, generally, any

other instrument adapted for opening or removing fastenings of any

kind whatsoever, whether internal or external, shall be deemed a

false key.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 266 Definition of "scaling". — CRIMINAL CODE Open official source

(1) The entry into any of the places mentioned in article

264 by any way other than by the doors ordinarily intended for the

purpose, whether the entry is effected by means of a ladder or rope

or by any other means whatsoever, or by the bodily assistance of

any other person or by clambering in any way whatsoever in order

to mount or descend, as well as the entry by any subterraneous

aperture other than that established as an entrance, shall be deemed

"scaling".

(2) For the purposes of punishment, there shall also be deemed

to be "scaling" when the offender, although he shall have entered

into any of the places aforesaid by any way ordinarily destined for

the purpose, shall get out of the same by any of the m eans

aforesaid.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 267 Theft aggravated by "amount". — CRIMINAL CODE Open official source

Theft is aggravated by "amount", when the value of the

thing stolen exceeds two hundred and thirty-two euro and ninety-four

cents (€232.94).

2007.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 268 Theft aggravated by "person". — CRIMINAL CODE Open official source

Theft is aggravated by "person" -

(a) when it is committed in any place by a servant to the

prejudice of his master, or to the prejudice of a third

party, if his capacity as servant, whether real or

fictitious, shall have afforded him facilities in the

commission of the theft;

the term "servant" shall include every person

employed at a salary or other remuneration in the

service of another, whether such person lives with his

master or not;

(b) when it is committed by a guest or by any person of his

family, in the house where he is receiving hospitality,

or, under similar circumstances, by the host or by any

CRIMINAL CODE

person of his family, to the prejudice of the guest or

his family;

(c) when it is committed by any hotel-keeper, innkeeper,

driver of a vehicle, boatman, or by any of their agents,

servants or employees, in the hotel, inn, vehicle or

boat wherein such hotel-keeper, innkeeper, driver or

boatman carries on or causes to be carried on any such

trade or calling, or performs or causes to be performed

any such service; and also when it is committed in any

of the above-mentioned places, by any individual who

has taken lodgings or a place, or has entrusted his

property therein;

(d) when it is committed by any apprentice, fellow

workman, journey-man, professor, artist, soldier,

seaman, or any other employee, in the house, shop,

workshop, quarters, ship, or any other place, to which

the offender has access by reason of his trade,

profession, or employment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 269 Theft aggravated by "place". — CRIMINAL CODE Open official source

Theft is aggravated by "place", when it is committed -

(a) in any public place destined for divine worship;

(b) in the hall where the court sits and during the sitting of

the court;

(c) on any public road in the country-side outside

inhabited areas;

(d) in any store or arsenal of the Government, or in any

other place for the deposit of goods or pledges,

destined for the convenience of the public;

(e) on any ship or vessel lying at anchor;

(f)

in any prison, or other place of custody or punishment;

(g) in any dwelling-house or appurtenance thereof.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 270 Theft aggravated by "time". — CRIMINAL CODE Open official source

Theft is aggravated by "time", when it is committed in the

night, that is to say, between sunset and sunrise.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 271 Theft aggravated by "the nature of the thing stolen". — CRIMINAL CODE Open official source

Theft is aggravated by "the nature of the thing stolen"-

(a) when it is committed upon things exposed to danger,

whether by their being cast away or removed for

safety, or by their being abandoned on account of

urgent personal danger arising from fire, the falling of

a building, or from any shipwreck, flood, invasion by

an enemy, or any other grave calamity;

2007. (b) when it is committed on beehives;

(c) when it is committed on any kind of cattle, large or small,

in any pasture-ground, farmhouse or stable, provided the

value be not less than two euro and thirty-three cents

(€2.33);

(d) when it is committed on any cordage, or other things

essentially required for the navigation or for the safety

of ships or vessels;

(e) when it is committed on any net or other tackle cast in

the sea, for the purpose of fishing;

(f)

when it is committed on any article of ornament or

clothing which is at the time on the person of any child

under nine years of age;

(g) when it is committed on any vehicle in a public place

or in a place accessible to the public, or on any part or

accessory of, or anything inside, such vehicle;

(h) when it is committed on nuclear material as defined in

article 314B(4);

(i) when it is committed on any public record as defined

in article 2 of the National Archives Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 272 Punishment for theft accompanied with wilful homicide. — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft accompanied with wilful

homicide shall be liable to the punishment of imprisonment for life.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 272A Punishment for theft accompanied with grievous bodily harm from which death ensues. — CRIMINAL CODE Open official source

(1) Whosoever shall be guilty of theft accompanied with

grievous bodily harm from which death ensues shall be liable

(a) if the harm is grievous and death ensues as a result of

the nature or the natural consequences of the harm and

not of any supervening accidental cause

(i)

to imprisonment for a term from eight to thirty

years, if death shall ensue within forty days to

be reckoned from the midnight immediately

preceding the crime;

(ii) to imprisonment for a term from six to twenty

five years, if death shall ensue after the said

forty days, but within one year to be reckoned as

above;

(b) if death shall ensue as a result of a supervening

accidental cause and not solely as a result of the nature

or the natural consequences of the harm, the offender

shall, on conviction, be liable to imprisonment for a

term from five to ten years.

(2) The provisions of article 220(3) shall apply where the harm

is caused within the territorial limits of Malta but death occurs

outside those limits.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 273 Punishment for theft accompanied with attempted homicide. — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft accompanied with

attempted homicide shall be liable to imprisonment for a term from

six to twenty years.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 274 Punishment for theft accompanied with bodily harm. — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft accompanied with

bodily harm shall be liable -

(a) if the harm is grievous and produces the effects

mentioned in article 218, to imprisonment for a term

from four to twelve years;

(b) if the harm is grievous without the effects mentioned

in article 218, to imprisonment for a term from three to

nine years;

(c) if the harm is slight, to imprisonment for a term from

two to five years;

(d) if the harm is slight and of small consequence, and is

not committed by any of the means mentioned in

article 217, to imprisonment for a term from eighteen

months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 275 Punishment for theft accompanied with confinement of person. — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft accompanied with

confinement of the person shall be liable to imprisonment for a

term from one to four years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 276 — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft aggravated by

"violence", but not accompanied with any of the circumstances

mentioned in articles 272, 273, 274 and 275, shall be liable to

imprisonment for a term from nine months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 276A Punishment when "violence" is directed against certain persons. — CRIMINAL CODE Open official source

The punishment established in articles 273, 274, 275 and

276 shall be increased by one or two degrees when the "violence"

therein mentioned is directed against a person who is under the age

of twelve years or over the age of sixty years or against a person

who is suffering from a degree of physical or mental infirmity in

consequence of which he is unable to offer adequate resistance.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 277 Punishment for theft aggravated by "violence" accompanied with other aggravating circumstances. — CRIMINAL CODE Open official source

When the theft aggravated by "violence" in terms of article

274, 275 or 276, is accompanied with any of the other aggravating

circumstances specified in article 261, the offender shall, on

conviction, be liable -

(a) where the theft is accompanied with one or more of

such other aggravating circumstances, with the

exception of that of "means", to the punishment

established in article 274, 275, 276 or 276A, which

shall not be awarded in its minimum;

(b) where the theft is accompanied with the aggravating

circumstance of "means", whether with or without

other aggravating circumstances, to the punishment

established in article 274, 275, 276 or 276A, increased

by one or two degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 278 Punishment for theft aggravated by "means" only or by "means" and other aggravating circumstances. — CRIMINAL CODE Open official source

(1) Whosoever shall be guilty of theft aggravated by

"means" only shall be liable to imprisonment for a term from five

months to three years.

(2) Where the theft, besides being accompanied with the

aggravating circumstance of "means", is also accompanied with

one of the other aggravating circumstances, with the exception of

that of "violence", the said punishment shall not be awarded in its

minimum.

(3) Where the theft, besides being accompanied with the

aggravating circumstance of "means", is also accompanied with

two or more of the other aggravating circumstances, with the

exception of that of "violence", the said punishment shall be

2007. increased by one degree and shall not be awarded in its minimum.

(4) Where, however, the value of the thing stolen does not exceed

twenty-three euro and twenty-nine cents (€23.29), the court may,

without prejudice to the operation of article 371(2)(c), apply in

each case the punishment of imprisonment for a term from five to

nine months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 279 Punishment for theft aggravated by "amount". — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft aggravated by

"amount" only shall be liable -

(a) if the value of the thing stolen does not exceed two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37), to imprisonment for a

term from five months to three years;

(b) if the value of the thing stolen exceeds two thousand and

three hundred and twenty-nine euro and thirty-seven

cents (€2,329.37), to imprisonment for a term from

2007. thirteen months to seven years

Provided that where for any reason mentioned in article

325(2) it is not possible to estimate the value of the thing stolen the

said value shall be deemed to exceed two thousand and three hundred

and twenty-nine euro and thirty-seven cents (€2,329.37).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 280 Punishment for theft aggravated by "amount" accompanied with other aggravating circumstances. — CRIMINAL CODE Open official source

(1) Where the theft aggravated by "amount" is

accompanied with one or more of the other aggravating

circumstances, with the exception of that of "violence" or "means",

the offender shall be liable, as the case may be, to the punishments

established in the last preceding article, which shall not, however,

be awarded in their minimum.

(2) Where the theft, besides being accompanied with the

aggravating circumstance of "amount", is also accompanied with

the aggravating circumstance of "violence", or with that of

"means", or with both, the punishment applicable to theft when

accompanied with such aggravating circumstances shall be applied

Provided that, if such punishment be lower than the

punishments laid down in the last preceding article, the latter

punishments shall be applied with an increase of one degree.

CRIMINAL CODE

(3) For the purposes of the foregoing sub-article, where the

"violence" is directed against any of the persons mentioned in

article 276A, the punishment applicable to theft when accompanied

with the aggravating circumstance of "violence" shall be the

punishment as increased by that article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 281 Punishment for theft aggravated by "person", "place", "time" or "nature of thing stolen". — CRIMINAL CODE Open official source

Whosoever shall be guilty of theft aggravated only by

"person", "place", "time", or "the nature of the thing stolen", shall

be liable -

(a) where the theft is accompanied with one only of these

four aggravating circumstances, to imprisonment for a

term from seven months to two years;

(b) where the theft is accompanied with two of such

aggravating circumstances, to the same punishment,

which, however, shall in no case be awarded in its

minimum;

(c) where the theft is accompanied with more than two of

such aggravating circumstances, to the said

punishment, which may, however, be increased to any

term not exceeding three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 282 — CRIMINAL CODE Open official source

Where in cases of theft accompanied with one or more of

the aggravating circumstances mentioned in article 261, with the

exception of that of "violence" or "means", the value of the thing

stolen does not exceed twenty-three euro and twenty-nine cents

(€23.29), the offender shall, on conviction, be liable to

imprisonment for a term not exceeding three months.

2007.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 283 Theft of water, gas or electric current. — CRIMINAL CODE Open official source

In the cases set forth in the second paragraph of article

264(1), the theft aggravated by "means" shall be deemed to be

completed when the communication therein mentioned is effected,

and the offender shall be liable to the punishment laid down in

article 278(4), unless it is proved that the value of the water, gas or

electric current stolen exceeds twenty-three euro and twenty-nine

cents (€23.29).

2007.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 283A Complaint of the injured party. — CRIMINAL CODE Open official source

No proceedings shall be instituted in respect of any

offence of theft of electricity except on the complaint of the injured

party even if the offence is one which falls within the competence

of the Court of Magistrates as provided in article 370(1) and even if

the injured party has not expressly waived the right to prosecute

w i th i n f o u r da y s f r o m t h e c o m m i s s io n o f t h e o ff e n c e . T h e

provisions of this article shall apply notwithstanding anything to

the contrary provided in article 373.

O F S IMPLE T HEFT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 284 Simple theft. — CRIMINAL CODE Open official source

Theft, when not accompanied with any of the aggravating

circumstances specified in article 261, is simple theft.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 285 Punishment. — CRIMINAL CODE Open official source

Whosoever shall be guilty of simple theft shall be liable to

imprisonment for a term from one to six months

Provided that if the value of the thing stolen does not exceed

twenty-three euro and twenty-nine cents (€23.29), the offender shall,

on conviction, be liable to imprisonment for a term not exceeding

2007. three months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 286 Possession of stolen articles by person previously convicted of theft or of receiving stolen articles. — CRIMINAL CODE Open official source

The punishment established for simple theft according to

the value of the thing stolen shall be applied against any person

who, having been convicted in Malta for theft, or for receiving

stolen articles, is found to have in his possession any stolen article

the lawful possession of which he does not satisfactorily account

for.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 287 Unjustified possession of moneys, articles, etc., by person previously convicted of theft, etc. — CRIMINAL CODE Open official source

Whosoever, having been convicted in Malta for theft, or for

receiving stolen articles, is found to have in his possession fruits,

plants, or other field or garden produce or money or other articles,

not in keeping with his condition, the lawful possession of which

he does not satisfactorily account for, or is found to have in his

possession any adapted or counterfeit keys, or any implements

capable of opening or forcing open any lock, or to have in his

possession any impression of locks, the actual lawful destination of

which he does not satisfactorily account for, shall, on conviction,

be liable to imprisonment for a term not exceeding three months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 288 Theft for mere use of thing stolen. — CRIMINAL CODE Open official source

The offender shall be liable to the punishments established

for contraventions, when, in any case of simple theft, the gain

contemplated by the offender is the mere use of the thing, with

intent to restore the same immediately.

G ENERAL P ROVISION APPLICABLE TO THIS S UB-TITLE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 289 Punishment in case of second or subsequent conviction for theft. — CRIMINAL CODE Open official source

(1) In the case of a second or subsequent conviction for

any offence referred to in this Sub-title, the punishment may be

increased, in the case of a second conviction, by one or two

degrees, and, in the case of a third or subsequent conviction, by one

to three degrees.

CRIMINAL CODE

(2) When the increase of punishment cannot otherwise take

place than by the application of solitary confinement, such

punishment may be awarded to the extent of eighteen periods.

Sub-title II

O F O THER O FFENCES R ELATING TO U NLAWFUL A CQUISITION

AND P OSSESSION OF P ROPERTY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 290 Unlawful possession of property of the Republic of Malta. — CRIMINAL CODE Open official source

Whosoever shall purchase or otherwise receive from any

other person or shall be found to have in his possession any article

bearing any mark or sign denoting such article to be the property of

the Republic of Malta, or any article which the possessor knows to

be the property of the Republic of Malta, for the disposal of which

no written permission shall have been given by the competent

authority, and shall fail to give a satisfactory account as to how he

came by the article or thing found in his possession, shall, on

conviction, be liable to a fine (multa) or imprisonment for a term

not exceeding one (1) month.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 291 Destroying or obliterating marks denoting property of the Republic of Malta. — CRIMINAL CODE Open official source

Whosoever, with intent to conceal any property of the

Republic of Malta, shall destroy or obliterate, in any of the articles

or things mentioned in the last two preceding articles, for the

disposal of which no permission shall have been given, any mark or

sign denoting such article or thing to be the property of the

Republic of Malta, shall, on conviction, be liable to imprisonment

for a term from one to six months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 292 Unlawful dealings in or possession of marine or ship’s stores. — CRIMINAL CODE Open official source

Whosoever, without a licence from the Government, shall

keep for sale or deal in any articles which are by common repute

considered to come under the denomination of marine or ship’s

stores, and whosoever, without such licence, shall be found in

possession of such articles, without being able to give a satisfactory

account as to how he came by the articles so found, shall, on

conviction, be liable to a fine (multa) and to the forfeiture of the

said articles.

Sub-title III

O F F RAUD

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 293 Mis- appropriation. — CRIMINAL CODE Open official source

Whosoever misapplies, converting to his own benefit or to

the benefit of any other person, anything which has been entrusted

or delivered to him under a title which implies an obligation to

return such thing or to make use thereof for a specific purpose,

shall be liable, on conviction, to imprisonment for a term from

three to eighteen months

Provided that no criminal proceedings shall be instituted for

such offence, except on the complaint of the injured party.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 294 Aggravating circumstances. — CRIMINAL CODE Open official source

Nevertheless, where the offence referred to in the last

preceding article is committed on things entrusted or delivered to

t h e o ff e n d e r b y r e a s o n o f h i s p r o f e s s i o n , t r a d e , b u s i n e s s ,

management, office or service or in consequence of a necessary

deposit, criminal proceedings shall be instituted ex officio and the

punishment shall be of imprisonment for a term from seven months

to two years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 295 Fraud relating to insurance. — CRIMINAL CODE Open official source

Whosoever, with intent to obtain for himself or for any

other person the payment of any money due under any insurance

against risks, or any other undue benefit, destroys, disperses or

deteriorates, by any means whatsoever, things belonging to him,

shall, on conviction, be liable to imprisonment for a term from

seven months to two years, and, where he succeeds in his intent,

from nine months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 296 Barratry. — CRIMINAL CODE Open official source

(1) Any master, padrone or boatman or any person

entrusted with the command, use or custody of any lighter, boat,

skiff, caique or other vessel, even if intended to navigate once only

within the limits of Malta, who, for purposes of gain -

(a) abandons or damages the vessel or causes the vessel to

sink;

(b) steals or damages any goods or other things which are

on the vessel;

(c) falsely represents the loss of or damage to the vessel,

goods or other things;

(d) sells or otherwise disposes of the vessel against the

will and to the prejudice of the owner,

shall, on conviction, be liable to imprisonment for a term from five

months to two years.

(2) The said punishment shall also be applied where the

offender is a part-owner of the vessel, goods or things.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 297 Fraudulent breach of trust in respect of papers signed in blank or otherwise. — CRIMINAL CODE Open official source

Whosoever, making an improper use of any paper signed

in blank entrusted to him, shall, for the purpose of gain, write

thereon anything to the prejudice of another person, or shall, for the

like purpose, add upon any paper not in blank, entrusted to him,

any writing or clause, shall, on conviction, be liable to

imprisonment for a term from nine months to three years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 298 Commercial or industrial fraud. — CRIMINAL CODE Open official source

(1) Whosoever -

(a) forges or alters, without the consent of the owner, the

name, mark or any other distinctive device of any

intellectual work or any industrial product, or

knowingly makes use of any such name, mark or

device forged or altered, without the consent of the

owner, even though by others;

(b) forges or alters, without the consent of the owner, any

design or model of manufacture, or knowingly makes

use of any such design or model forged or altered,

without the consent of the owner, even though by

others;

CRIMINAL CODE

(c) knowingly makes use of any mark, device, signboard

or emblem bearing an indication calculated to deceive

a purchaser as to the nature of the goods, or sells any

goods with any such mark, device or emblem;

(d) puts on the market any goods in respect of which a

distinctive trade mark has been registered, after

removing the trade mark without the consent of the

owner thereof;

(e) applies a false trade description to any goods, that is to

say, applies to goods any forged or altered figure, word

or mark which according to the custom of the trade is

taken to indicate -

(i)

the number, quantity, measure, gauge or weight

of the goods,

(ii) the place or country in which the goods are made

or produced,

(iii) the mode of manufacturing or producing the

goods,

(iv) that the goods are the subject of an existing

patent, privilege or industrial copyright;

(f)

knowingly puts into circulation, sells or keeps for sale

or imports for any purpose of trade, any goods bearing

a fraudulent imitation of any mark, device or emblem;

(g) knowingly makes, keeps or transfers to any person,

any die, block, machine or other instrument for the

purpose of forging, or of being used for forging, a

trade mark,

shall, on conviction, be liable to imprisonment for a term from four

months to one year.

(2) For the purposes of sub-article (1)(e), any figure, word or

mark which, according to the custom of the trade, is commonly

taken to indicate any of the matters therein referred to, shall be

deemed to be a trade description thereof.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 298A Fraudulent access to tele- communications systems. — CRIMINAL CODE Open official source

Whoever shall construct, alter, make, be in possession of,

sell or purchase any device whereby such person may unlawfully

connect with any telecommunication system shall, on conviction,

be liable -

(a) where the offence is committed for gain or by way of

trade, to imprisonment for a term not exceeding one

2007. year or to a fine (multa) of not more than four thousand

and six hundred and fifty-eight euro and seventy-five

cents (€4,658.75) or to both such fine and imprisonment;

and

(b) in all other cases, to a fine (multa) of not more than two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 298B Violation of copyright. — CRIMINAL CODE Open official source

(1) Any person who, in the exercise of any trade or in the

course of business or with a view to gain for himself or for any

other person, or with intent to cause loss to, or to prejudice, another

person

(a) prints, manufactures, duplicates or otherwise

2007. reproduces, or sells, distributes or otherwise offers for

sale or distribution, any article or other thing in

violation of the rights of copyright protected by or

under Maltese law, or

(b) has in his possession, custody or control any such

article or other thing with a view to carrying out any of

the acts mentioned under paragraph (a),

shall, on conviction, be liable to imprisonment for a term not

exceeding three years or to a fine (multa) of not less than three

thousand euro (€3,000) and not more than twenty-four thousand

euro (€24,000) or to both such fine and imprisonment.

(2) Proceedings under this article may not be taken except on

the complaint of the injured party.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 298C Usury. — CRIMINAL CODE Open official source

(1) Whosoever receives from another person or obtains

from another person a promise to give, to himself or to others, in

consideration of a loan, interests or any other gain under any form

whatsoever in excess of what is allowed by law shall, on

2007. conviction, be liable to imprisonment for a term not exceeding

eighteen months and to the payment of a fine (multa) from two

thousand and three hundred and twenty-nine euro and thirty-seven

cents (€2,329.37) to thirty-four thousand and nine hundred and forty

euro and sixty cents (€34,940.60).

(2) The same punishment laid down in sub-article (1) shall

apply to whosoever receives from another person or obtains from

another person a promise to give, to himself or to others, in

consideration of a service consisting in any other benefit of any

kind, interests or any other gain under any form whatsoever in

excess of what is allowed by law or otherwise grossly

disproportionate to the service given.

(3) The same punishment laid down in sub-article (1) shall also

apply to whosoever, not being an accomplice in the offence in the

same sub-article, intervenes to procure for another person a sum of

money or any other benefit by having a person give or promise to

give, to himself or to others, in respect of the intervention, a

grossly disproportionate compensation.

(4) For the purposes of sub-articles (1), (2) and (3), in the

determination of whether the interests are, or any gain or

compensation is, grossly disproportionate account shall be had of

all the circumstances of the fact and of the average rates usually

applicable to operations similar to the one in question.

(5) Where, in the course of criminal proceedings for an offence

under this article, it is proved before the court that the accused has

received from another person an amount of interest, or a

consideration of an amount, in excess of what is allowed by law or

CRIMINAL CODE

otherwise grossly disproportionate to the service given, the court

shall order the accused to pay to the said other person such amount

as may be determined by the court as being the excess received by

the accused as aforesaid. The said order of the court shall be

without prejudice to any right of such other person to recover by

any other means any greater amount due to him and the order shall

constitute an executive title enforceable as if it were a final

judgement given in a civil action between the offender and the

person to whom payment is ordered.

(6) The punishment for an offence under this article shall be

decreased by one degree where the accused, before final

judgement, reimburses excess amount received by him to the

person from whom such amount was received.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 298D Tampering, removal, etc., of chassis or engine number. — CRIMINAL CODE Open official source

Any person who, without the prior approval in writing of

the Commissioner of Police, in any manner whatsoever, tampers,

removes, alters or makes a chassis or engine identification number

of, or on, any motor vehicle shall, on conviction be liable to

imprisonment for a term not exceeding one year or to a fine (multa)

of not less than six hundred and ninety-eight euro and eighty-one cents

(€698.81)and not more than two thousand and three hundred and

2007. twenty-nine euro and thirty-seven cents (€2,329.37) or to both such

imprisonment and fine.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 299 Presumption of malice. — CRIMINAL CODE Open official source

In the cases referred to in article 298(1)(a), (b), (c) and

(d), criminal intent shall be presumed, unless the accused proves

that he has acted without such intent.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 300 Burden of proof. — CRIMINAL CODE Open official source

In the cases referred to in the last part of article 298(1)(a)

and in (b) and (d), the burden of proof of the consent of the owner

shall lie on the accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 301 False trade description. — CRIMINAL CODE Open official source

In the cases referred to in article 298(1)(e), the fact that a

trade description is a trade mark or part of a trade mark shall not

prevent such trade description being a false trade description within

the meaning of the said paragraph.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 302 How presumption of malice may be rebutted in certain cases. — CRIMINAL CODE Open official source

In the cases referred to in article 298(1)(f), criminal intent

shall be presumed, unless the accused proves -

(a) that, having taken all necessary precaution against

committing the offence referred to in the said

paragraph, he had, at the time of the commission of the

alleged offence, no reason to suspect the genuineness

of the mark or sign; and

(b) that, on demand made by any member of the Police, he

gave all the information in his power with respect to

the persons from whom he obtained the goods in

question; and

(c) that otherwise he had acted innocently.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 303 Exemption from punishment. — CRIMINAL CODE Open official source

In the cases referred to in article 298(1)(g), no

punishment shall be awarded if the accused proves -

(a) that, in the ordinary course of his business he is

employed, on behalf of other persons, to make dies,

blocks, machines or other instruments for making or

being used in making trade marks, or, as the case may

be, to apply marks, devices or emblems to goods; and

(b) that, in the case which is the subject of the charge, he

was so employed by some person resident in Malta,

and was not in any manner whatsoever interested in

the goods by way of profit dependent on the sale of the

goods to which any such mark, device or emblem

might have been applied.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 304 Cases in which a trade mark, device or description is deemed to have been applied. — CRIMINAL CODE Open official source

For the purposes of the preceding articles, every person is

deemed to apply a trade mark or distinctive device or trade

description to goods, who -

(a) actually applies it to the goods themselves; or

(b) applies it to any covering, label, reel or other thing in

or with which the goods are sold or exposed or had in

possession for any purpose of sale, trade or

manufacture; or

(c) places, encloses or annexes any goods which are sold

or exposed or had in possession for any purpose of

sale, in, with or to any covering, label, reel or other

thing, in respect of which a trade mark has been

registered or to which a trade description has been

applied; or

(d) uses a trade mark, device or trade description in any

manner calculated to lead to the belief that the goods

in connection with which it is used are truly designated

by that trade mark, device or trade description.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 305 Definition of "covering" and "label". — CRIMINAL CODE Open official source

For the purposes of the foregoing articles, the expression

"covering" includes any stopper, cask, bottle, vessel, box, cover,

capsule, case or wrapper; and the expression "label" includes any

band or ticket indicative of the thing to which it is applied.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 306 Words or marks on watch cases. — CRIMINAL CODE Open official source

For the purposes of article 298(1)(d), where a watch case

has thereon any words or marks which constitute, or are by

common repute considered as constituting a description of the

country in which the watch was made, and the watch bears no such

description on any of its parts, those words or marks shall, until the

contrary is proved, be deemed to be a description of that country.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 307 Use of false weights or measures. — CRIMINAL CODE Open official source

Whosoever, by the use of false weights or measures, shall

deceive others in respect of the quantity of goods given for

valuable consideration, shall, on conviction, be liable to

imprisonment for a term not exceeding one year.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 308 Obtaining money or property by false pretences. — CRIMINAL CODE Open official source

Whosoever, by means of any unlawful practice, or by the

u s e o f an y f i c t i t i o u s n a m e , o r t h e a s s u m p t i o n o f a n y f a l s e

designation, or by means of any other deceit, device or pretence

calculated to lead to the belief in the existence of any fictitious

enterprise or of any imaginary power, influence or credit, or to

create the expectation or apprehension of any chimerical event,

shall make any gain to the prejudice of another person, shall, on

conviction, be liable to imprisonment for a term from one to seven

years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 309 Other cases of fraudulent gain. — CRIMINAL CODE Open official source

Whosoever shall make, to the prejudice of any other

person, any other fraudulent gain not specified in the preceding

a rt i c l e s of th i s S u b -t i tl e , s h a l l, o n c o nv i c t io n, b e li a b le t o

imprisonment for a term from two months to two years or to a fine

(multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310 Scale of punishment according to the amount of the damage. — CRIMINAL CODE Open official source

(1) In cases referred to in this Sub-title -

(a) when the amount of damage caused by the offender

exceeds five thousand euro (€5,000), the punishment

shall be that of imprisonment from two to nine years;

(b) when the amount of damage caused by the offender

exceeds five hundred euro (€500) but does not exceed

five thousand euro (€5,000), the punishment shall be

that of imprisonment from six months to four years

Provided that if the punishment laid down for the

relevant offence in the preceding articles of this Sub-

title is higher than the punishment laid down in this

2007. paragraph the former punishment shall apply increased

by one degree and in the case of the offence under

article 294 the punishment so increased shall not be

awarded in its minimum;

(c) when the amount of the damage caused by the offender

does not exceed five hundred euro (€500), the offender

shall be liable to imprisonment for a term not

exceeding six months.

(2) The provisions of sub-article (1)(c) shall not apply in the

case of any of the crimes referred to in articles 296 and 298.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310A Corporate liability for offences under this Sub-title. — CRIMINAL CODE Open official source

The provisions of articles 121C, 121D, 248E(4) and 328K

shall apply to offences under this Sub-title.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310B Jurisdiction. — CRIMINAL CODE Open official source

The offences under this Sub-title shall be deemed to be

o ffe nce s e ven wh e n co m m it t e d o ut s i de M a lt a a nd , wi th ou t

prejudice to the provisions of article 5, the criminal action therefor

may also be prosecuted in Malta according to the laws thereof

against any person who commits or participates in the offence as

provided in this Code -

(a) when the offence took place, even if only in part, in

Malta or on the sea in any place within the territorial

jurisdiction of Malta; or

(b) when the gain to the prejudice of another person has

been received in Malta; or

(c) when a person in Malta knowingly assisted or induced

another person to commit the offence; or

(d) when the offender is a Maltese citizen or a permanent

resident in Malta and the fact also constitutes an

offence according to the laws of the country where it

took place

Provided that for the purposes of this paragraph

"permanent resident" shall have the same meaning

assigned to it by article 5(1)(d).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310BA Possession, making or supplying etc., of articles for use in fraud. — CRIMINAL CODE Open official source

(1) Whosoever is found to be in possession or has under

his control any article for use in the course of or in connection with

any fraud, shall be guilty of an offence and shall, on conviction, be

liable to imprisonment for a term for a term from six months to

three years and to the forfeiture of the said articles.

(2) Whosoever makes, adapts, supplies or offers to supply any

article -

(a) knowing that it is designed or adapted for use in the

course of or in connection with fraud, or

(b) intending it to be used to commit, or assist in the

commission of, fraud,

shall be guilty of an offence and shall, on conviction, be liable to

imprisonment for a term from twelve months to five years and to

the forfeiture of the said articles.

(3)

For the purposes of this article

"article" includes any document, program or data held in

electronic form; and

"document" shall have the meaning assigned to it by article

558(2).

GENERAL PROVISION APPLICABLE TO OFFENCES

UNDER SUB-TITLES I, II AND III

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310C Disability in case of offences against minors. — CRIMINAL CODE Open official source

The provisions of article 208B(2) and (2A) shall apply to

any person found guilty of any offence under Subtitles I to III, both

inclusive, when committed against a person under age.

Sub-title IIIA

OF FRAUD AND COUNTERFEITING OF

NON-CASH MEANS OF PAYMENT

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310D Scope. — CRIMINAL CODE Open official source

The measures provided for in this sub-title transpose the

provisions of Directive (EU) 2019/713 of the European Parliament and

of the Council of 17 April 2019 on combating fraud and counterfeiting

of non-cash means of payment and replacing Council Framework

Decision 2001/413/JHA.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310E Interpretation. — CRIMINAL CODE Open official source

For the purposes of this sub-title, unless the context

otherwise requires

(a)

"non-cash payment instrument" means a non-

corporeal or corporeal protected device, object or record, or a

combination thereof, other than legal tender, and which, alone

or in conjunction with a procedure or a set of procedures,

enables the holder or user to transfer money or monetary value,

including through digital means of exchange;

(b)

"protected device, object or record" means a

device, object or record safeguarded against imitation or

fraudulent use, for example through design, coding or

signature;

(c)

"digital means of exchange" means any electronic

money as defined in article 2 of the Financial Institutions Act or

virtual currency;

(d)

"virtual currency" means a digital representation

of value that is not issued or guaranteed by a central bank or a

public authority, is not necessarily attached to a legally

established currency and does not possess a legal status of a

currency or money, but is accepted by natural or legal persons

as a means of exchange, and which may be transferred, stored

and traded electronically;

(e)

"information system" shall have the same

meaning as is assigned to it in sub-article (1) of article 337B;

(f)

"computer data" shall have the same meaning as

as is assigned to it in sub-article (1) of article 337B;

(g)

"legal person" means an entity having legal

personality under the applicable law, excluding States or public

bodies in the exercise of state authority and public international

organisations.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310F Fraudulent use of non-cash payment instruments and information systems. — CRIMINAL CODE Open official source

Any person who intentionally commits any of the following

acts shall be guilty of an offence against this article

(a)

the fraudulent use of a stolen or otherwise

unlawfully appropriated or obtained non-cash payment

instrument;

(b)

the fraudulent use of a counterfeit or falsified

non-cash payment instrument;

(c)

the theft or other unlawful appropriation of a

corporeal non-cash payment instrument;

(d)

the fraudulent counterfeiting or falsification of a

corporeal non-cash payment instrument;

(e)

the possession of a stolen or otherwise unlawfully

appropriated, or of a counterfeit or falsified corporeal non-cash

payment instrument for fraudulent use;

(f)

the procurement for oneself or another, including

the receipt, appropriation, purchase, transfer, import, export,

sale, transport or distribution of a stolen, counterfeit or falsified

corporeal non-cash payment instrument for fraudulent use;

(g)

the unlawful attainment of a non-corporeal non-

cash payment instrument when this attainment has involved the

commission of at least one of the offences referred to in sub-

article (1) of article 337C, or misappropriation of a non-

corporeal non-cash payment instrument;

(h)

the fraudulent counterfeiting or falsification of a

non-corporeal non-cash payment instrument;

(i)

the holding of an unlawfully obtained, counterfeit

or falsified non-corporeal non-cash payment instrument for

fraudulent use, at least if the unlawful origin is known at the

time of the holding of the instrument;

(j)

the procurement for oneself or another, including

the sale, transfer or distribution, or the making available, of an

unlawfully obtained, counterfeit or falsified non-corporeal non-

cash payment instrument for fraudulent use;

(k)

performing or causing a transfer of money,

monetary value or virtual currency and thereby causing an

unlawful loss of property for another person, in order to make

an unlawful gain for the perpetrator or a third party, when such

action is intentionally committed either by

(i)

without right, hindering or interfering with

the functioning of an information system; or

(ii)

without right, introducing, altering,

deleting, transmitting or suppressing computer data;

(l)

producing, procuring for oneself or another,

including the import, export, sale, transport or distribution, or

CRIMINAL CODE

making available a device or an instrument, computer data or

any other means primarily designed or specifically adapted for

the purpose of committing any of the offences referred to in

paragraphs (c), (d), (g), (h) and (k), with the intention that such

means be used.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310G Offences and penalties. — CRIMINAL CODE Open official source

(1) Whosoever commits any offence referred to in

paragraphs (a), (b), (c), (d), (g), (h) and (l) of article 310F shall, on

conviction, be liable to imprisonment for a term not exceeding two (2)

years.

(2)

Whosoever commits any offence referred to in paragraphs

(e), (f), (i) and (j) of article 310F shall, on conviction, be liable to

imprisonment for a term not exceeding one year.

(3)

Whosoever commits the offence referred to in paragraph (k)

of article 310F shall, on conviction, be liable to imprisonment for a

term not exceeding three (3) years.

(4)

Whosoever commits any offence referred to in paragraphs

(a) to (k) of article 310F within the framework of a criminal

organisation, as defined in Council Framework Decision 2008/841/

JHA of 24 October 2008 on the fight against organised crime, shall, on

conviction, be liable to imprisonment for a term not exceeding five (5)

years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310H Aiding and abetting. — CRIMINAL CODE Open official source

(1) Whosoever aids, abets or instigates any offence

under this Sub-title shall be guilty of an offence and shall be liable on

conviction to the punishment laid down for the offence aided, abetted

or instigated and articles 42 and 43 shall apply mutatis mutandis.

(2)

An attempt to commit any offence referred to in this Sub-

title shall be punishable as a criminal offence, and article 41 shall

apply mutatis mutandis.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310I Responsibility of legal persons. — CRIMINAL CODE Open official source

(1)

Notwithstanding any other provision of this Code,

where any offence referred to in article 310F or in article 310H is

committed for the benefit of a legal person by any person, acting either

individually or as part of an organ of the legal person, who holds a

leading position within that legal person on the basis of one of the

following

(a)

a power of representation of the legal person;

(b)

an authority to take decisions on behalf of the

legal person;

(c)

an authority to exercise control within the legal

person,

said legal person who acts in that manner shall, on conviction, be liable

to a fine (multa) of not less than twenty thousand euro (€20,000) and not

more than two hundred thousand euro (€200,000).

(2)

Sub-article (1) shall apply mutatis mutandis where the lack

of supervision or control by a natural person referred to therein has

made possible the commission of any of the offences referred to in

article 310F or in article 310H for the benefit of the legal person by a

person under its authority.

(3)

Liability of legal persons pursuant to sub-articles (1) and (2)

shall not exclude criminal proceedings against natural persons who are

perpetrators or inciters of, or accessories to, any of the offences

referred to in article 310F or in article 310H.

(4)

Without prejudice and in addition to any penalty that may be

imposed pursuant to the preceding sub-articles, any legal person for

whose benefit any offence as referred to therein is committed may, on

conviction, be liable to any or all of the following sanctions

(a)

exclusion from entitlement to public benefits or

aid;

(b)

temporary exclusion from access to public

funding, including tender procedures, grants and concessions;

(c)

temporary or permanent disqualification from the

practice of commercial activities;

(d)

placing under judicial supervision;

(e)

judicial winding-up;

(f)

temporary or permanent closure of establishments

which have been used for committing the offence.Jurisdiction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310J — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of article 5, the

Courts of Malta shall have jurisdiction over the offences laid down in

article 310F or article 310H where one or more of the following apply

(a)

the offence is committed in whole or in part on

the territory of Malta;

(b)

the offender is a Maltese national or a permanent

resident of Malta;

(c)

the offender has his habitual residence in the

territory of Malta;

(d)

the offence is committed for the benefit of a legal

person established in the territory of Malta;

(e)

the offence is committed against a Maltese

CRIMINAL CODE

national or a person who is a habitual resident in the territory of

Malta.

(2)

For the purposes of paragraph (a) of sub-article (1), an

offence shall be considered to have been committed in whole or in part

on the territory of Malta where the offender commits the offence when

physically present on that territory and irrespective of whether the

offence is committed using an information system on that territory.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 310K Power to make regulations under this Sub- title. — CRIMINAL CODE Open official source

The Minister responsible for justice may make regulations to

give better effect to the provisions of this sub-title.

Sub-title IV

O F C RIMES AGAINST P UBLIC S AFETY,

AND OF I NJURY TO P ROPERTY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 311 Causing explosion likely to endanger life or property. — CRIMINAL CODE Open official source

Any person who maliciously causes, by an explosive

substance, an explosion of a nature likely to endanger the life or to

cause serious injury to the property of any other person, shall be

liable, on conviction, to imprisonment for a term from three to

fourteen years, even though no injury to such person or property

has been actually caused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 312 Where death or grievous bodily harm is caused by the explosion. — CRIMINAL CODE Open official source

(1) If as a result of the offence referred to in the last

preceding article, any person shall perish, the offender shall be

liable to the punishment of imprisonment for life.

(2) If as a result of the offence referred to in the last preceding

article, a grievous bodily harm is caused to any person, the offender

shall be liable to imprisonment for a term from four to twenty

years.

(3) If as a result of the offence referred to in the last preceding

article, any serious spoil, damage or injury to or upon any movable

or immovable property belonging to any person is caused, the

punishment therein mentioned shall not be awarded in its

minimum.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 313 Unlawful making or possession of explosives. — CRIMINAL CODE Open official source

Any person who makes or knowingly has in his possession

or under his control any explosive substance, under such

circumstances as to give rise to a reasonable suspicion that he is

making it or has it in his possession or under his control for an

unlawful object, shall, on conviction, be liable to imprisonment for

a term from eighteen months to nine years, and the provisions of

the Probation Act and of article 21 of this Code shall not be

applicable.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314 Definition of "explosive substance". — CRIMINAL CODE Open official source

For the purposes of the last preceding three articles, the

expression "explosive substance" shall be deemed to include any

materials for making any explosive substance; also any apparatus,

machine, implement, or materials used, or intended to be used, or

adapted, for causing, or aiding in causing, any explosion of or with

any explosive substance; also any part of any such apparatus,

machine or implement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314A Discharge, etc., of lethal device. — CRIMINAL CODE Open official source

(1) Whosoever, maliciously, delivers, places, discharges

or detonates a lethal device likely to endanger the life or to cause

serious injury to the property of any other person, shall be liable,

on conviction, to the punishment laid down in article 311, even

though no injury to such person or property has been actually

caused.

(2) If as a result of the offence referred to in sub-article (1) any

person shall perish, or a grievous bodily harm is caused to any

person, or any serious spoil, damage or injury to or upon any

movable or immovable property belonging to any person is caused,

the offender shall be liable to the punishments laid down in article

312 as the case may be.

(3) Where the offence takes place in, or is directed at, a public

place, a state or government facility, an infrastructural facility or a

public transportation system the punishment for the offence shall

be increased by one degree.

(4)

In this article

"lethal device" includes any radioactive dispersal or radiation-

emitting device, and any other thing, that is designed, or has the

capability, to cause death, serious bodily injury or substantial

material damage through the release, dissemination or impact of

toxic chemicals, biological agents or toxins or similar substances or

radiation or radioactive material or owing to its radiological

properties;

"state or government facility" includes any permanent or

temporary facility or conveyance that is used or occupied by

representatives of a State, members of Government, the legislature

or the judiciary or by officials or employees of a State or any other

public authority or entity or by employees or officials of an

intergovernmental organization in connection with their official

duties;

"infrastructure facility" means any publicly or privately owned

facility providing or distributing services for the benefit of the

public, such as water, sewage, energy, fuel or communications;

"public transportation system" means all facilities, conveyances

and instrumentalities, whether publicly or privately owned, that are

used in or for publicly available services for the transportation of

persons or cargo.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314B Possession, use, etc., of nuclear material. — CRIMINAL CODE Open official source

(1) Whosoever, maliciously, is in possession or makes

use of, transfers, alters, disposes of or disperses nuclear material

which is likely to cause death or serious injury to any person or

substantial damage to property shall be liable, on conviction, to the

CRIMINAL CODE

same punishment laid down in article 311, even though no injury to

such person or property has been caused.

(2) The provision of article 314A(2) shall apply to an offence

under this article.

(3) The provisions of article 313 shall apply to whosoever

keeps or is in possession of or has under his control any nuclear

material under the same circumstances mentioned in that article.

(4)

In this article

"nuclear material" means plutonium except that with isotopic

concentration exceeding 80% in plutonium-238; uranium enriched

in the isotopes 235 and 233; uranium containing the mixture of

isotopes as occurring in nature other than in the form of ore or ore-

residue; any material containing one or more of the foregoing;

"uranium enriched in the isotope 235 or 233" means uranium

containing the isotopes 235 or 233 or both in an amount such that

the abundance ratio of the sum of these isotopes to the isotope 238

is greater than the ratio of the isotope 235 to the isotope 238

occurring in nature.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314C Possession of lethal devices for unlawful object or for purpose of proliferation. — CRIMINAL CODE Open official source

(1) Whosoever knowingly has in his possession or under

his control any lethal device or nuclear material, under such

circumstances as give rise to a reasonable suspicion that he has it in

his possession or under his control for an unlawful object or for the

purpose of proliferation shall, on conviction, be liable to the

punishment laid down in article 313.

(2) For the purpose of this article

"lethal device" shall have the same meaning assigned to it by

article 314A(4) and "lethal device" and "nuclear material" shall

include their delivery systems, materials, equipment or technology,

of whatever nature or type, that are related to and destined for use

in the development, production, utilization or delivery of such

lethal devices or nuclear material; and

"proliferation" means the transportation of nuclear, chemical,

biological or radiological weapons, their delivery systems and

related materials to or from states or entities engaged in efforts to

develop, acquire, or traffic in, such weapons, systems or materials.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314CA Use of radioactive material, lethal device or nuclear facility with intent to cause death etc. — CRIMINAL CODE Open official source

Whosoever uses in any way radioactive material or a

lethal device, or uses or damages a nuclear facility in a manner

which releases or risks the release of radioactive material

(a) with the intent to cause death or serious bodily injury;

or

(b) with the intent to cause serious damage to property or

to the environment; or

(c) with the intent to compel a natural or legal person, an

international organization or a State to do or refrain

from doing an act,

shall on conviction be liable to imprisonment for a term from eight

to thirty years even though no injury to any person, property or the

environment has actually been caused and even if no natural or

legal person or any international organization or any State has been

compelled as aforesaid.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314CB Where death or grievous bodily harm etc. is caused by use of radioactive material or lethal device. — CRIMINAL CODE Open official source

(1) If as a result of the offence referred to in the last

preceding article, any person shall perish, the offender shall be

liable to the punishment of imprisonment for life.

(2) If as a result of the offence referred to in the last preceding

article, a grievous bodily harm is caused to any person, the offender

shall be liable to imprisonment for a term from four to twenty

years

Provided that if a grievous bodily harm is caused to two or

more persons the punishment laid down in the last preceding article

shall apply and shall not be awarded in its minimum.

(3) If as a result of the offence referred to in the last preceding

article -

(a) any serious spoil, damage or injury to or upon any

movable or immovable property belonging to any

person or to or upon the environment is caused;

(b) a natural or legal person or an international

organization or a State is compelled to do or to refrain

from doing an act;

the punishment therein mentioned shall not be awarded in its

minimum.

(4) Where the offence takes place in, or is directed at, a public

place, a state or government facility, an infrastructural facility or a

public transportation system the punishment for the offence shall

be increased by one degree.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314CC Unlawful possession of radioactive material or making or possession of a lethal device. — CRIMINAL CODE Open official source

(1) Whosoever unlawfully possesses

radioactive

material or makes or possesses a lethal device -

(a) with the intent to cause death or serious bodily injury;

or

(b) with the intent to cause serious damage to property or

to the environment,

shall be liable to the punishment laid down in article 313 increased

by one or two degrees.

(2)

Whosoever -

(a) threatens, under circumstances which indicate the

credibility of the threat, to commit the offence under

sub-article (1); or

(b) by the use of threats, under the same circumstances

aforesaid, or by the use of force, unlawfully and

knowingly demands radioactive material, a lethal

device or a nuclear facility

shall be liable to the punishment laid down in article 313 increased

by one or two degrees.

CRIMINAL CODE

(3)

Whosoever -

(a) organizes or directs others to commit an offence under

sub-articles (1) to (3), both inclusive; or

(b) in any other way knowingly contributes to the

commission of one or more of the offences under sub-

articles (1) to (3), both inclusive, by a group of persons

acting with a common purpose when such contribution

is made with the aim of furthering the general criminal

activity or purpose of the group or in the knowledge of

the intention of the group to commit the offence or

offences concerned,

shall be liable to the punishment laid down for the offence under

sub-articles (1) to (3), both inclusive, as the case may be, provided

that where that offence has only been attempted but not completed

the punishment shall be that laid down for the attempted offence.

(4)

In this article and in articles 314CA and 314CB

"lethal device" has the same meaning assigned to it by article

314A(4) of and includes a nuclear explosive device;

"nuclear facility" means

(a) any nuclear reactor, including reactors installed on

vessels, vehicles, aircraft or space objects for use as an

energy source in order to propel such vessels, vehicles,

aircraft or space objects or for any other purpose;

(b) any plant or conveyance being used for the production,

storage, processing or transport of radioactive

material;

"nuclear material" shall have the same meaning assigned to it by

article 314B(4);

" r a d i o a c t i v e m a t e r i a l " m e a ns n u c l e a r m a t e r i a l a n d o t h e r

radioactive substances which contain nuclides which undergo

spontaneous disintegration (a process accompanied by emission of

one or more types of ionizing radiation, such as alpha-, beta-,

neutron particles and gamma rays) and which may, owing to their

radiological or fissile properties, cause death, serious bodily injury

or substantial damage to property or to the environment;

"public transportation system" "state or government facility",

and "infrastructure facility" shall have the same meaning assigned

to them respectively by article 314A(4).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314CD Jurisdiction. — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of article 5, the

Maltese courts shall also have jurisdiction over the offences in

articles 314A, 314B, 314C, 314CA and 314CB, where

(a) the offender is a Maltese national or permanent

resident in Malta; or

(b) the offence is committed against a Maltese national or

permanent resident in Malta; or

(c) the offence is committed in an attempt to compel

Malta to do or to abstain from doing an act; or

(d) the offence is committed on board an aircraft which is

operated by the Government of Malta; or

(e) the offence is committed against Malta or a

government facility of Malta abroad, including an

embassy or other diplomatic or consular premises of

Malta.

(2) For the purposes of this article the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 314D Co-operation in the suppression of relevant offences at sea. — CRIMINAL CODE Open official source

(1) Where the commander of the Armed Forces of Malta

receives, or is informed about, a request made by or on behalf of a

judicial, prosecuting, law enforcement, administrative or other

competent authority of any State or place other than or outside

Malta (hereinafter in this article referred to as the "requesting

authority") seeking authorisation for the competent authorities of

that State or place to take appropriate measures in regard to a

r e l e v a n t v e s s e l r e a so n a b l y su s p e c t e d t o b e e n g a g e d i n t h e

commission of a relevant offence the commander of the Armed

Forces of Malta may, with the concurrence of the Prime Minister,

authorise the taking of the said measures by the aforesaid

competent authorities subject to such conditions as may have been

agreed by Malta with that State or as may be agreed between the

requesting authority and the commander of the Armed Forces of

Malta with the concurrence of the Prime Minister.

(2) Where the authorisation has been given by the commander of

the Armed Forces of Malta as aforesaid the competent authorities

referred to in sub-article (1), subject to the conditions as may have

been agreed upon as provided in the same sub-article, shall be

authorised to take the appropriate measures and to exercise on

board the vessel in regard to which appropriate measures have been

authorised under this article all such powers of arrest, entry, search

and seizure as are vested in the executive police of Malta.

(3) For the purpose of this article

"relevant offence" means any offence consisting in any act or

omission which if committed in these islands, or in corresponding

circumstances, would constitute any of the offences in articles 313,

314B, 314C, 314CA and 314CC;

"relevant vessel" means a vessel used for commercial or private

purposes flying or entitled to fly the flag of Malta or registered in

Malta and exercising freedom of navigation in accordance with

international law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 315 Setting on fire of arsenals, etc. — CRIMINAL CODE Open official source

Whosoever shall wilfully set on fire or otherwise destroy

any arsenal, vessel of war, whether such vessel be on float or

building, powder magazine, public dock or artillery park, shall, on

conviction, be liable to the punishment of imprisonment for life.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 316 Arson endangering life. — CRIMINAL CODE Open official source

Whosoever shall wilfully set fire to any house, warehouse,

shop, dwelling-house, vessel, vehicle, dock or any building, shed or

other place whatsoever, any person being therein at the time of the

setting on fire, shall, on conviction, be liable to the punishment of

imprisonment for life

Provided that if no person shall perish, the offender shall

be liable -

(a) if he could have foreseen that any person was actually

in the place, to imprisonment for a term from six to

twelve years;

(b) otherwise, to imprisonment for a term from four to

nine years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 317 Arson to the common danger. — CRIMINAL CODE Open official source

Whosoever shall wilfully set fire to any building,

vehicle, shed or other place mentioned in the last preceding article,

no person being therein at the time of the setting on fire, or

whosoever shall wilfully set fire to any combustible substance, and

such building, vehicle, shed or other place or such substance is so

situated that the fire would communicate to any other building,

shed or place, any person being therein at the time, shall, on

conviction, be liable -

(a) where the fire had actually communicated, to the

punishment of imprisonment for life

Provided that if no person shall perish, the offender

shall be liable -

(i)

if he could have foreseen that any person was

actually in the building, shed or place to which

the fire had communicated, to imprisonment for

a term from five to nine years;

(ii) otherwise, to imprisonment for a term from three

to six years;

(b) where the fire had not communicated to any other

building, shed or place, to imprisonment for a term

from three to five years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 318 Arson without danger of life. — CRIMINAL CODE Open official source

Whosoever shall wilfully set fire to any building, vehicle,

shed or other place mentioned in article 316, no person being

therein at the time, and such building, vehicle, shed or other place

being so situated that the fire would not communicate to any other

building, shed or place in which there is a person at the time, shall,

on conviction, be liable to imprisonment for a term from two to

four years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 319 Arson of vineyards, etc. — CRIMINAL CODE Open official source

Whosoever shall wilfully set fire to any vineyard,

plantation of trees, stack or heap of corn, cotton or other useful

produce or any other matter whatsoever, whether uprooted or cut

down or still growing, and so situated that the fire would not

communicate to any building, shed or other place mentioned in

article 316, any person bein g th erein at the tim e, sh al l, on

conviction, be liable to imprisonment for a term from two to four

years.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 320 Destruction by the springing of a mine. — CRIMINAL CODE Open official source

For the purposes of punishment, the destruction of any

such matter or thing as in the last five preceding articles mentioned,

by the springing of a mine, shall be deemed to constitute the

offence therein mentioned.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 321 Exhibition of false lights, etc., with danger to navigation. — CRIMINAL CODE Open official source

(1) Whosoever shall exhibit any false light or signal or

any other thing tending to summon ships, vessels or boats, or to

regulate their navigation, with intent to cause the loss or stranding

of any ship, vessel or boat, or shall with the like intent extinguish

or remove any light, signal or other thing intended by the

Government for the guidance of seamen, shall, on conviction, be

liable to imprisonment for a term from three to five years, even

though no accident has occurred.

(2) Where an accident has occurred, the offender shall, on

2007. conviction, be liable -

(a) if the damage is to a ship, vessel or boat or to the gear

or appurtenances thereof or to the cargo or to any other

thing which is on board, to imprisonment for a term

from five to nine years, if the amount of the damage

exceeds one hundred and sixteen euro and forty-seven

cents (€116.47), or, to imprisonment for a term from four

to six years, if the amount of the damage does not exceed

one hundred and sixteen euro and forty-seven cents

(€116.47);

(b) if, with or without any damage as aforesaid, any

individual suffers a grievous bodily harm with any of

the effects mentioned in article 218, to imprisonment

for a term from five to twenty years, or, if the bodily

harm is grievous but without the effects mentioned in

the said article, to imprisonment for a term from four

to twelve years, or, if the bodily harm is slight, to

imprisonment for a term from two to six years;

(c) if any person shall perish, to the punishment of

imprisonment for life.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 322 Cutting away chains, etc. — CRIMINAL CODE Open official source

(1) Whosoever shall cut away, unfasten or otherwise

remove any chain, cable or other rope by which any public buoy

intended for the purpose of navigation is fastened, shall, on

conviction, be liable to imprisonment for a term from three to nine

months.

(2) Whosoever shall cut away, unfasten or otherwise remove

any chain, cable or other rope by which any ship or vessel is

moored, anchored or otherwise fastened, or any rope by which the

buoy of a ship’s anchor is fastened, shall, on conviction, be liable

to the punishment laid down in sub-article (1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 323 Aggravating circumstances. — CRIMINAL CODE Open official source

If, in consequence of any of the offences referred to in the

last preceding article, any damage is caused to a ship or a bodily

harm to a person, the punishment laid down in that article shall be

awarded together with the punishment laid down in this Code for

wilful damage or for wilful bodily harm, according to the extent of

the damage or the nature of the bodily harm; and if at the same time

both damage to a ship and a bodily harm to a person are caused, the

CRIMINAL CODE

higher punishment between that laid down for the damage and that

laid down for the bodily harm shall be applied, in addition to the

punishment laid down in the last preceding article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 324 Setting on fire of one’s own property. — CRIMINAL CODE Open official source

In the cases referred to in articles 316, 317 and 318, the

offender shall be liable to the punishments therein mentioned, even

though he be the owner of the property in respect of which the

offence is committed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 325 Spoil, damage or injury in general. — CRIMINAL CODE Open official source

(1) Whosoever, by any means other than those referred to

in the preceding articles of this Sub-title, shall wilfully commit any

spoil, damage or injury to or upon any movable or immovable

property belonging to any other person, shall, on conviction, be

liable -

(a) if the amount of the damage exceeds two thousand and

five hundred euro (€2,500), to imprisonment for a term

from eighteen months to four years;

(b) if the amount of the damage does not exceed two

thousand and five hundred euro (€2,500) but exceeds

two hundred and fifty euro (€250), to imprisonment for

a term from eight to fourteen months;

(c) if the amount of the damage does not exceed two

hundred and fifty euro (€250), to imprisonment for a

term not exceeding six months;

(d) if the amount of the damage does not exceed twenty-three

euro and twenty-nine cents (€23.29), to imprisonment

for a term not exceeding three months or to the

punishments established for contraventions

Provided that if the crime be excusable by reason of an

unjust provocation, the offender shall, in the cases referred to in

paragraphs (a), (b) and (c), be liable to imprisonment for a term not

exceeding two-thirds of the period therein mentioned; and in the

case referred to in paragraph (d), to the punishments established for

contraventions.

In considering the excuse, regard shall be had to the rule laid

down in article 235

Provided further that in the cases referred to in paragraphs

(c) and (d), except where the damage is caused to public property

proceedings may be instituted only on the complaint of the injured

party

Provided further that in the case of damage to public

property, the punishment shall be increased by one or two degrees,

and the offender shall be ordered to pay by way of fine (multa) the

amount of the damage caused.

(2) Where because of the geological, palaeontological,

archaeological, architectonic, artistic or historical nature or

importance of the property spoiled, damaged or injured it is not

possible to estimate the damage according to the rule laid down, in

article 335, the damage shall be deemed to exceed one thousand and

one hundred and sixty-four euro and sixty-nine cents (€1,164.69).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 325A Increase of punishment in certain cases. — CRIMINAL CODE Open official source

(1) The punishments established in the foregoing

provisions of this Sub-title shall be increased by one to two degrees

when the offence is aggravated or motivated on the grounds of gender,

gender identity, sexual orientation, race, colour, language, national or

ethnic origin, age, disability, citizenship, religion or belief or political or

other opinion within the meaning of sub-articles (3) to (6), both

inclusive, of article 222A.

(2) For the purposes of this article "relevant offence" means

any of the offences under articles 311, 312, 314A, 316, 317 to 320,

both inclusive, and 325.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 326 Damage to water pipes, etc. — CRIMINAL CODE Open official source

(1) Whosoever shall wilfully -

(a) break or block the pipes or conduits of any public

aqueduct, or in any other manner impede or divert the

course of the waters or otherwise damage any part of

such aqueduct;

(b) break any public cistern, well or aqueduct, or foul the

water thereof;

(c) damage any electric machinery or cable, or cause the

loss of electric current;

(d) damage any conduit or part of the public sewer;

(e) cut, break, throw down, destroy, damage or remove

any battery, machinery, wire, cable, post or other

matter, or thing whatsoever, being part of or being

used or employed in or about any electric or magnetic

telegraph, with or without wires, or in the working

thereof, or do anything which prevents or obstructs in

any manner whatsoever the conveyance of any

message;

(f)

damages or breaks any part of any energy meter, or the

seals thereof, or any part of any apparatus or cables

used for the supply of electricity, or the seals thereof;

(g) cut, break, throw down, destroy, damage, remove,

tamper or connect with, any part of any apparatus,

duct, pole, cabinet, wire, cable or other matter or thing

whatsoever, being part of or being used or employed in

the cable television network or in the working thereof

or for the supply of the cable television service,

shall, saving any higher punishment to which he may be subject

under the last preceding article, be liable, on conviction, to

imprisonment for a term not exceeding two years

Provided that no proceedings shall be instituted in respect

of any offence under paragraphs (c), (e) and (f) except on the

complaint of the injured party.

(2)

Whosoever shall, even without any malicious intent, -

(a) touch any telegraph wire or place or throw anything

upon any battery, machinery, wire, cable or other

matter or thing mentioned in sub-article (1)(e), or do

CRIMINAL CODE

anything in proximity to such telegraph wire in such

manner as might damage such wire, or prevent or

obstruct the conveyance or delivery of any message; or

(b) fish in any place in which the Minister responsible for

electricity, with a view to preventing damage to any

submarine telegraph cable, shall have declared fishing

to be absolutely prohibited, or fish with any net or

other implement, the use of which shall have been for

the same purpose prohibited by the Minister

responsible for electricity; or

(c) do anything described in sub-article (1)(g),

shall, on conviction, be liable to the punishments established for

contraventions.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 327 Unlawful entry into subways used for public service. — CRIMINAL CODE Open official source

Whosoever, without any just cause, the proof whereof

shall lie on the person accused, shall enter into any subway wherein

there is any electric cable or any main conduit of the public sewer,

shall, on conviction, be liable -

(a) to imprisonment for a term from one to three months,

where the circumstances show that the object of the

offender was to damage the cables or conduits above

mentioned;

(b) to imprisonment for a term not exceeding one (1)

month, in any other case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328 Involuntary fire or damage. — CRIMINAL CODE Open official source

Whosoever, through imprudence, negligence or

unskilfulness in his trade or profession, or through non-observance

of any regulation, shall cause any fire or any damage, spoil or

injury as mentioned in this Sub-title, shall, on conviction, be

liable -

(a) if the death of any person is caused thereby, to the

punishments established in article 225;

(b) if any grievous bodily harm with any of the effects

mentioned in article 218 is caused thereby, to

imprisonment for a term not exceeding six months or

to a fine (multa) not exceeding two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37);

(c) if any grievous bodily harm without any of the effects

aforesaid is caused thereby, to imprisonment for a term

not exceeding three months or to a fine (multa) not

exceeding one thousand and one hundred and sixty-four

euro and sixty-nine cents (€1,164.69);

(d) in any other case, to imprisonment for a term not

exceeding three months or to a fine (multa) or to the

punishments established for contraventions

Provided that in the cases referred to in paragraph (d),

except where damage is caused to public property, other than a motor

vehicle, proceedings may be instituted only on the complaint of the

injured party

Provided further that the proceedings referred to in

paragraph (d) with respect to damage caused on a motor vehicle,

which is public property, on the complaint of the head of the

G o v e r n m e n t d e p a r t m e n t i n c h a rg e o f t h e s a i d v e h i c l e , t h e

provisions of article 374(d) shall not apply to those proceedings

after the complainant will have confirmed his complaint under oath

before the court and the absence of the complainant from

attendance in court in any stage of the proceedings shall in no way

affect the lawfulness of the procedures nor be considered to

constitute the withdrawal of the complaint as long as such absence

occurs at a stage which is subsequent to the said confirmation on

oath of the complaint by the complainant

Provided further that in cases where a person commits an

offence as referred to in paragraphs (a), (b) and (c), and in the case of

paragraph (d) only with regard to slight bodily harm, and subsequently

flees from the place where the death of a person or bodily harm

occurred, the punishment established for the offence shall be increased

by two to three degrees.

Sub-title IV A *

O F ACTS OF TERRORISM, FUNDING OF TERRORISM AND

ANCILLARY OFFENCES

328A.(1) For the purposes of this Sub-title, "act of terrorism"

means any act listed in sub-article (2), committed wilfully, which

may seriously damage a country or an international organization

where committed with the aim of

(a) seriously intimidating a population, or

(b) unduly compelling a Government or international

organization to perform or abstain from performing

any act, or

(c) seriously destabilising or destroying the fundamental

political, constitutional, economic or social structures

of a country or an international organization.

(2) The acts to which reference is made in sub-article (1) are

the following

(a) taking away of the life or liberty of a person;

(b) endangering the life of a person by bodily harm;

(c) bodily harm;

(d) causing extensive destruction to a state or government

facility, a public transportation system, an

infrastructure facility, including an information

system, a fixed platform located on the continental

shelf, a public place or private property likely to

*originally, as enacted by Act VI of 2005, this Sub-title was numbered Sub-title V.

CRIMINAL CODE

endanger the life or to cause serious injury to the

property of any other person or to result in serious

economic loss;

(e) seizure of aircraft, ships or other means of public or

goods transport;

(f)

manufacture, possession, acquisition, transport, supply

or use of weapons, explosives or of nuclear, biological,

radiological or chemical weapons;

(g) research into or development of biological,

radiological, nuclear and chemical weapons;

(h) release of dangerous substances, or causing fires,

floods or explosions endangering the life of any

person;

(i)

interfering with or disrupting the supply of water,

power or any other fundamental natural resource

endangering the life of any person;

(j)

illegal system interference as defined in article

337C(1)(ee) and illegal data interference as defined in

article 337C(1)(g);

(k) threatening to commit any of the acts in paragraphs (a)

to (j)

Provided that in this sub-article "state or government

facility", "infrastructure facility" and "public transportation

system" shall have the same meaning assigned to them in article

314A(4).

(3) Whosoever commits an act of terrorism shall be guilty of an

offence and shall be liable on conviction to the punishment of

imprisonment from seven years to life.

(4) For the purposes of this Sub-title, "terrorist activities"

means any of the following acts, whenever or wherever carried out

(a) an act of terrorism as defined in sub-article (1);

(b) the unlawful seizure or the exercise of control of an

aircraft in flight, by the use of force or threat thereof,

or by any other form of intimidation;

(c) the unlawful and intentional commission of any of the

following acts

(i)

an act of violence against a person on board an

aircraft in flight, which is likely to endanger the

safety of that aircraft;

(ii) the destruction of an aircraft in service or the

causing of damage to such an aircraft, which

renders it incapable of flight or which is likely to

endanger its safety in flight;

(iii) the placing or the causing to be placed on an

aircraft in service, by any means whatsoever, of

a device or substance which is likely to destroy

that aircraft, or to cause damage to it which

renders it incapable of flight or which is likely to

endanger its safety in flight;

(iv)

the destruction or the damaging of air navigation

facilities, or the interference with their

operation, where such an act is likely to

endanger the safety of an aircraft in flight;

(v)

the communication of information which is

known to be false, thereby endangering the

safety of an aircraft in flight;

(d) the intentional commission of any of the following

acts

(i)

the taking away of the life or liberty of, or the

causing of bodily harm to, an internationally

protected person;

(ii) the carrying out of a violent attack upon the

official premises, the private accommodation or

the means of transport of an internationally

protected person likely to endanger his person or

liberty;

(iii) a threat to commit any of the acts mentioned in

sub-paragraphs (i) and (ii);

(e) the seizure or detention and the threat to take away the

life, to cause bodily harm or to continue to detain

another person (the "hostage") in order to compel a

State, an international intergovernmental organisation,

a natural or juridical person or a group of persons, to

do or to abstain from doing any act as an explicit or

implicit condition for the release of the hostage;

(f)

the unlawful and intentional commission of any of the

following acts, using any device, substance or weapon

(i)

the performance of an act of violence against

any person at an airport serving international

civil aviation, which causes or is likely to cause

serious injury or death, where any such act

endangers or is likely to endanger safety at that

airport; or

(ii) the destruction or the serious damaging of the

facilities of an airport serving international civil

aviation or an aircraft not in service located

thereon, or the disruption of the services of such

an airport, where any such act endangers or is

likely to endanger safety at that airport;

(g) an attempt to perform any of the acts referred to in

paragraphs (b) to (f) or the participation as an

accomplice in the performance or attempt thereof;

(h) the intentional commission of any of the following

acts

(i)

the receipt, possession, use, transfer, alteration,

disposal or dispersal of nuclear material, without

lawful authority, which causes or is likely to

cause death or serious injury to any person or

CRIMINAL CODE

substantial damage to property;

(ii) the theft or fraudulent obtaining of nuclear

material;

(iii) the demand for nuclear material by threat or use

of force, or by any other form of intimidation;

(iv) the threat to use nuclear material to cause death

or serious injury to any person or substantial

damage to property, or the threat to commit theft

of nuclear material in order to compel a natural

or legal person, international organisation or

State to do or to refrain from doing any act;

(v) an attempt to commit any of the acts mentioned

in sub-paragraphs (i) and (ii) or the participation

as an accomplice in any of the acts mentioned in

sub-paragraphs (i) to (iv) or any attempt thereof;

(i)

the unlawful and intentional commission of any of the

following acts

(i)

the unlawful seizure or the exercise of control

over a ship or fixed platform by the use of force

or threat thereof, or by any other form of

intimidation;

(ii) the performance of an act of violence against a

person on board a ship or a fixed platform,

which is likely to endanger the safe navigation

of that ship or the safety of that fixed platform;

(iii) the destruction of a ship or a fixed platform or

the causing of damage to a ship or its cargo, or a

fixed platform which is likely to endanger the

safe navigation of that ship, or the safety of that

fixed platform;

(iv) the placing or the causing to be placed on a ship,

by any means whatsoever, a device or substance

which is likely to destroy that ship or to cause

damage to such ship or to its cargo, which

endangers or is likely to endanger the safe

navigation of that ship;

(v) the placing or the causing to be placed on a fixed

platform, by any means whatsoever, a device or

substance which is likely to destroy that fixed

platform or likely to endanger its safety;

(vi) the destruction or the causing of serious damage

to maritime navigational facilities or the serious

interference with their operation, where such act

is likely to endanger the safe navigation of a

ship;

(vii)

the communication of information which is

known to be false, thereby endangering the safe

navigation of a ship;

(viii) the causing of bodily harm or the taking away of

the life of a person in connection with the

commission or attempted commission of any of

the acts mentioned in sub-paragraphs (i) to (vii);

(j)

an attempt to commit any of the acts referred to in

paragraph (i), the participation as an accomplice in the

commission thereof or the abetting in the commission

of such acts perpetrated by another person;

(k) the use of threats aimed at compelling a person to do

or to refrain from doing any act referred to in sub-

paragraphs (ii), (iii) and (vi) of paragraph (i), where

such a threat is likely to endanger the safe navigation

of the ship or the safety of the fixed platform;

(l)

the unlawful and intentional delivery, placing,

discharge or detonation of an explosive or other lethal

device in, into or against a place of public use, a State

or government facility, a public transportation system

or an infrastructure facility with the intent to cause

death or serious bodily harm, or with the intent to

cause extensive destruction of such a place, facility or

system, where the destruction results in or is likely to

result in major economic loss;

(m) an attempt to commit any of the acts mentioned in

paragraph (l) or the participation as an accomplice in

the performance or attempt thereof;

(n) the organisation or direction of others to commit or to

attempt to commit the acts mentioned in paragraph (l);

(o) the contribution in any way to the commission of any

of the acts mentioned in paragraph (l) or to the attempt

thereof by a group of persons acting with a common

purpose, where such contribution is intentional and is

either made with the intent to further the general

criminal activity or purpose of the group or in the

knowledge of the intention of the group to commit any

of the acts mentioned in paragraph (l);

(p) any act intended to cause death or serious bodily harm

to a civilian, or to any other person not taking an

active part in the hostilities in a situation of armed

conflict, when the purpose of such act, by its nature or

context, is to intimidate a population, or to compel a

government or an international organisation to do or to

abstain from doing any act.

328B.(1) For the purpose of this Sub-title "terrorist group"

means a structured group of more than two persons, established

over a period of time and acting in concert to commit terrorist

activities.

(2) In sub-article (1) "structured group" means a group that is

not randomly formed for the immediate commission of an offence

and that does not need to have formally defined roles for its

members, continuity of its membership or a developed structure.

(3)

Whosoever

promotes,

constitutes,

organises,

directs,

CRIMINAL CODE

supplies information or materials to, or by any means, directly or

indirectly, collects, receives, provides or invites another person to

provide money or other property for, or otherwise finances a

terrorist group knowing that such participation, involvement or

financing will contribute towards the activities, whether criminal or

otherwise, of the terrorist group shall be liable -

(a) where the said participation or involvement consists in

directing the terrorist group, to the punishment of

imprisonment of not less than fifteen (15) years but not

exceeding thirty (30) years

Provided that where the activity of the terrorist group

consists only of the acts mentioned in article

328A(2)(k) the punishment shall be that of

imprisonment for a period not exceeding eight years;

(b) in any other case, to the punishment of imprisonment

not exceeding eight years.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 328A — KODIĊI KRIMINALI Open official source

(1) Għall-finijiet ta’ dan is-Sub-titolu, "att ta’ terroriżmu"

tfisser kull att elenkat fis-subartikolu (2), li jsir xjentement, li jista’

gravement jagħmel ħsara lil pajjiż jew lil xi organizzazzjoni

internazzjonali meta dan isir bil-għan illi

(a) gravement jintimida lil xi popolazzjoni, jew

(b) indebitament iġiegħel lil xi Gvern jew organizzazzjoni

internazzjonali li jwettqu jew jastjenu milli jwettqu xi

att, jew

(ċ) gravement jiddestabilizza jew jiddistruġġi l-istrutturi

fondamentali politiċi, kostituzzjonali, ekonomiċi jew

soċjali tal-pajjiż jew organizzazzjoni internazzjonali.

(2)

L-atti msemmija fis-subartikolu (1) huma dawn li ġejjin

(a) it-teħid tal-ħajja jew il-libertà ta’ persuna;

(b) li tiġi perikolata l-ħajja ta’ persuna b’offiża fuq il-

persuna;

(ċ) l-għemil ta’ offiża fuq il-persuna;

(d) li tiġi kaġunata distruzzjoni estensiva f’xi faċilità

statali jew tal-Gvern, sistema ta’ trasport pubbliku,

faċilità ta’ infrastruttura, inkluża sistema ta’

informazzjoni, pjattaforma fissa li tkun tinsab fuq l-

ixkaffa kontinentali, post pubbliku jew proprjetà

privata li x’aktarx tkun tipperikola l-ħajja jew

tikkaġuna ħsara gravi fil-proprjetà ta’ xi persuna oħra

jew tkun tirriżulta f’telfien ekonomiku gravi;

(e) il-ħtif ta’ inġenji tal-ajru, bastimenti jew mezzi oħra

tat-trasport kemm ta’ persuni kemm ta’ hwejjeġ

mobbli;

(f)

il-manifattura, pussess, akkwist, trasport, provvista

jew użu ta’ armi, esplożivi jew ta’ armi nukleari,

bioloġiċi, radjoloġiċi jew kimiċi;

(g) ir-riċerka fi jew l-iżvilupp

ta’

armi

bioloġiċi,

radjoloġiċi, nukleariu kimiċi;

(h) it-tperriċ ta’ sustanzi perikolużi, jew li jiġu kaġunati

nirien, għargħar jew splużjonijiet li bihom tiġi

perikolata l-ħajja ta’ xi persuna;

(i)

it-tbagħbis jew it-tfixkil fil-provvista tal-ilma, enerġija

*kif magħmul liġi bl-Att VI tal-2005, dan is-Sub-titolu kien oriġinarjament enumerat

bħala Sub-titolu V.

KODIĊI KRIMINALI

jew kull riżorsa naturali fondamentali oħra li b’hekk

tiġi perikolata l-ħajja ta’ xi persuna;

(k) it-theddida tal-għemil ta’ xi wieħed mill-atti fil-

paragrafi (a) sa (j)

(j)

tfixkil jew interferenza ta’ sistema tal-informatika,

interferenza skont it-tifsira tal-artikolu 337Ċ(1)(ee) u

tfixkil jew interferenza illegali ta’ data skont it-tifsira tal-

artikolu 337Ċ(1)(g);

Iżda f’dan is-subartikolu "faċilità statali jew tal-Gvern",

"faċilità ta’ infrastruttura" u "sistema ta’ trasport pubbliku" għandu

jkollhom l-istess tifsira bħal dik mogħtija lilhom fl-artikolu

314A(4).

(3) Min jagħmel att ta’ terroriżmu jkun ħati ta’ reat u meta

jinsab ħati jista’ jeħel il-piena ta’ priġunerija minn seba’ snin sa

għomru l-ħabs.

(4) Għall-finijiet ta’ dan is-Sub-titolu, "attivitajiet terroristiċi"

tfisser xi wieħed minn dawn l-atti li ġejjin, kull meta u kull fejn

dawn jittwetqu

(a) att ta’ terroriżmu kif imfisser fis-subartikolu (1);

(b) il-ħtif illegali jew l-eżerċizzju ta’ kontroll ta’ inġenju

tal-ajru f’titjira, bl-użu ta’ forza jew theddid ta’ forza,

jew b’kull forma oħra ta’ biża’;

(ċ) l-għemil illegali u intenzjonat ta’ xi wieħed minn dawn

l-atti li ġejjin

(i)

att ta’ vjolenza kontra persuna abbord inġenju

tal-ajru f’titjira, li x’aktarx iqiegħed fil-perikolu

s-sigurtà ta’ dak l-inġenju tal-arju;

(ii) id-distruzzjoni ta’ inġenju tal-ajru fis-servizz

jew l-ikkawżar ta’ ħsara lil dak l-inġenju tal-

ajru, b’tali mod li jinabilitah milli jtir jew li

x’aktarx iqiegħed fil-perikolu s-sigurtà ta’ dak l-

inġenju tal-arju f’titjira;

(iii) it-tqegħid jew l-ikkawżar ta’ tqegħid fuq xi

inġenju tal-ajru, b’xi mezz ikun li jkun, ta’ xi

artifizzju jew sustanza li x’aktarx li tiddistruġġi

dak l-inġenju tal-ajru, jew tikkawżalu ħsara li

tinabilitah milli jtir jew li x’aktarx tqegħedlu fil-

perikolu s-sigurtà fit-titjira;

(iv) id-distruzzjoni jew il-ħsara ta’ faċilitajiet ta’

navigazzjoni tal-ajru, jew l-interferenza fl-

operat tagħhom, meta dak l-att x’aktarx iqiegħed

fil-perikolu s-sigurtà ta’ dak l-inġenju tal-arju

f’titjira;

(v) il-komunikazzjoni ta’ informazzjoni li hi

magħrufa li hi falza, li tqiegħed fil-perikolu s-

sigurtà ta’ inġenju tal-ajru f’titjira;

(d) l-għemil intenzjonat ta’ xi wieħed minn dawn l-atti li

ġejjin

(i)

it-teħid tal-ħajja jew il-libertà ta’, jew l-

ikkawżar ta’ offiża fuq il-persuna ta’, xi persuna

protetta internazzjonalment;

(ii) it-twettiq ta’ attakk vjolenti fuq il-bini uffiċjali,

ir-residenza privata jew il-mezz ta’ trasport ta’

xi persuna protetta internazzjonalment li

x’aktarx iqiegħed fil-perikolu s-sigurtà tal-

persuna jew l-libertà tagħha;

(iii) theddida li jitwettaq xi wieħed mill-atti

msemmija fis-subparagrafi (i) u (ii);

(e) il-ħtif jew id-detenzjoni u t-theddida li tittieħed il-

ħajja, li tiġi kkawżata offiża fuq il-persuna jew li

tkompli tinżamm persuna ("l-ostaġġ") sabiex iġġiegħel

xi

Stat,

organizzazzjoni

intergovernattiva

internazzjonali, persuna naturali jew ġuridika jew xi

grupp ta’ persuni, li jagħmlu jew li jonqsu milli

jagħmlu xi att bħala kondizzjoni espliċita jew impliċita

għall-ħelsien tal-ostaġġ;

(f)

l-għemil illegali u intenzjonat ta’ xi wieħed minn dawn

l-atti li ġejjin, billi jiġi użat xi artifizzju, sustanza jew

arma

(i)

l-esekuzzjoni ta’ xi att ta’ vjolenza kontra xi

persuna f’ajruport li jservi avjazzjoni ċivili

internazzjonali, li jikkawża jew li x’aktarx li

jikkawża feriment gravi jew mewt, jekk dan l-att

iqiegħed fil-perikolu jew x’aktarx iqiegħed fil-

perikolu s-sigurtà f’dak l-ajruport; jew

(ii) id-distruzzjoni jew il-ħsara serja tal-faċilitajiet

ta’ ajruport li jservi avjazzjoni ċivili

internazzjonali jew ta’ xi inġenju tal-ajru mhux

fis-servizz li jkun jinsab ġo dak l-ajruport, jew l-

isfrattar tas-servizzi ta’ dak l-ajurport, meta xi

wieħed minn dawk l-atti iqiegħed fil-perikolu

jew x’aktarx iqiegħed fil-perikolu s-sigurtà

f’dak l-ajruport;

(g) xi attentat biex jiġi esegwit xi wieħed mill-atti

msemmija fil-paragrafi (b) sa (f) jew il-parteċipazzjoni

bħala kompliċi fl-esekuzzjoni jew fl-attentat ta’

esekuzzjoni ta’ dawk l-atti;

(h) l-għemil intenzjonat ta’ xi wieħed minn dawn l-atti li

ġejjin

(i)

l-irċevuta, il-pussess, l-użu, it-trasferiment, il-

bidla, ir-rimi jew it-tixrid ta’ materjal nukleari,

mingħajr awtorità legali, li tikkawża jew li

x’aktarx tikkawża mewt jew feriment gravi lil xi

persuna jew ħsara sostanzjali lil xi proprjetà;

(ii) is-serq jew il-ksib b’qerq ta’ materjal nukleari;

(iii) it-talba għal materjal nukleari bit-theddid jew bl-

użu tal-forza jew b’kull forma oħra ta’ biża’;

(iv) it-theddid li jiġi użat materjal nukleari biex

KODIĊI KRIMINALI

jikkawża mewt jew feriment gravi lil xi persuna

jew ħsara sostanzjali lil xi proprjetà, jew it-

theddid li jsir serq ta’ materjal nukleari sabiex

iġiegħel xi persuna naturali jew ġuridika,

organizzazzjoni internazzjonali, jew Stat li

jagħmlu jew li jonqsu milli jagħmlu xi att;

(v)

xi attentat biex jiġi esegwit xi wieħed mill-atti

msemmija fis-subparagrafi (i) u (ii) jew il-

parteċipazzjoni bħala kompliċi f’xi wieħed mill-

atti jew fl-attentat ta’ wieħed mill-atti msemmija

fis-subparagrafi (i) sa (iv);

(i)

l-għemil illegali u intenzjonat ta’ xi wieħed minn dawn

l-atti li ġejjin

(i)

il-ħtif illegali jew l-eżerċizzju ta’ kontroll ta’

bastiment jew pjattaforma fissa bl-użu ta’ forza

jew theddid tiegħu, jew b’kull forma oħra ta’

biża’;

(ii) l-esekuzzjoni ta’ xi att ta’ vjolenza kontra

persuna abbord xi bastiment jew pjattaforma

fissa, li x’aktarx iqiegħed fil-perikolu n-

navigazzjoni sigura ta’ dak il-bastiment jew is-

sigurtà ta’ dik il-pjattaforma fissa;

(iii) id-distruzzjoni ta’ bastiment jew ta’ pjattaforma

fissa jew l-ikkawżar ta’ ħsara lil dak il-bastiment

jew il-merkanzija tiegħu, jew lil pjattaforma

fissa li x’aktarx iqiegħed fil-perikolu n-

navigazzjoni sigura ta’ dak il-bastiment, jew is-

sigurtà ta’ dik il-pjattaforma fissa;

(iv) it-tqegħid jew l-ikkawżar ta’ tqegħid fuq xi

bastiment, b’kull mezz li jkun, ta’ xi artifizzju

jew sustanza li x’aktarx li tiddistruġġi dak il-

bastiment jew li tikkawża ħsara lil dak il-

bastiment jew il-merkanzija tiegħu, li tqiegħed

fil-perikolu jew li x’aktarx tqiegħed fil-perikolu

n-navigazzjoni sigura ta’ dak il-bastiment;

(v) it-tqegħid jew l-ikkawżar ta’ tqegħid fuq

pjattaforma fissa, b’kull mezz li jkun, ta’ xi

artifizzju jew sustanza li x’aktarx tiddistruġġi

dik il-pjattaforma fissa jew li x’aktarx tqiegħed

fil-perikolu s-sigurtà tagħha;

(vi) id-distruzzjoni jew l-ikkawżar ta’ ħsara serja lil

faċilitajiet ta’ navigazzjoni marittimi jew l-

interferenza serja fl-operat tagħhom, meta dak l-

att x’aktarx iqiegħed fil-perikolu n-navigazzjoni

sigura ta’ dak il-bastiment;

(vii)

il-komunikazzjoni ta’ informazzjoni li hi

magħrufa li hi falza, li tqiegħed fil-perikolu n-

navigazzjoni sigura tal-bastiment;

(viii) l-ikkawżar ta’ offiża fuq il-persuna jew it-teħid

tal-ħajja ta’ persuna f’konnessjoni mat-twettiq

jew attentat ta’ twettiq ta’ xi wieħed mill-atti

msemmija fis-subparagrafi (i) sa (vii);

(j)

xi attentat biex jiġi mwettaq xi wieħed mill-atti

msemmija fil-paragrafu (i), il-parteċipazzjoni bħala

kompliċi fit-twettiq tiegħu jew l-assistenza fit-twettiq

ta’ dawk l-atti mwettqa minn persuna oħra;

(k) l-użu ta’ theddid bil-għan li jġiegħlu persuna li

tagħmel jew li tonqos milli tagħmel xi att imsemmi fis-

subparagrafi (ii), (iii) u (vi) tal-paragrafu (i), meta dik

it-theddida x’aktarx li tqiegħed fil-perikolu n-

navigazzjoni sigura tal-bastiment jew is-sigurtà tal-

pjattaforma fissa;

(l)

il-kunsinna illegali u intenzjonata, it-tqegħid, l-isparar

jew l-isplużjoni ta’ xi esplożiv jew artifizzju ieħor

letali fi, ġo jew kontra post għall-użu tal-pubbliku,

faċilità tal-Istat jew tal-gvern, faċilità infrastrutturali

jew sistema ta’ trasport pubbliku bl-intenzjoni li tiġi

kkawżata mewt jew offiża serja fuq il-persuna, jew bl-

intenzjoni li tiġi kkawżata distruzzjoni estensiva ta’

dak il-post, faċilità jew sistema, meta d-distruzzjoni

tkun tirriżulta jew x’aktarx li tkun tirriżulta f’telf

ekonomiku kbir;

(m) l-attentat biex jitwettaq xi wieħed mill-atti msemmija

fil-paragrafu (l) jew il-partiċipazzjoni bħala kompliċi

fl-esekuzzjoni jew attentat tagħhom;

(n) l-organizzazzjoni jew id-direzzjoni ta’ oħrajn biex

iwettqu jew jagħmlu attentat li jwettqu l-atti msemmija

fil-paragrafu (l);

(o) il-kontribuzzjoni b’kull mod għat-twettiq ta’ wieħed

mill-atti msemmija fil-paragrafu (l) jew għall-attentat

tagħhom minn grupp ta’ persuni li jkunu qed jaġixxu

bl-istess għan, meta dak il-kontribut ikun intenzjonat u

jkun jew magħmul bil-għan li titferrex l-attività

kriminali ġenerali jew il-ħsieb tal-grupp, jew bl-

għarfien tal-ħsieb tal-grupp li jikkommettu xi wieħed

mill-atti msemmija fil-paragrafu (l);

(p) kull att bil-ħsieb li jikkawża mewt jew offiża serja fuq

il-persuna lil xi persuna ċivili, jew lil xi persuna oħra

li ma tieħu ebda sehem attiv fl-ostilitajiet f’sitwazzjoni

ta’ konflitt armat, meta l-għan ta’ dak l-att, mix-xorta

jew kuntest tiegħu, hu sabiex ibeżża’ populazzjoni,

jew biex iġiegħel xi organizzazzjoni governattiva jew

internazzjonali biex tagħmel jew tieqaf milli tagħmel

xi att.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 328B Gruppi terroristiċi. Miżjud: VI.2005.2. Emendat: III.2015.25; XLII.2018.5. — KODIĊI KRIMINALI Open official source

(1) Għall-fini ta’ dan is-Sub-titolu "grupp terroristiku"

tfisser grupp strutturat ta’ iżjed minn żewġ persuni, stabbiliti tul

perjodu ta’ żmien u li jaġixxu flimkien bl-iskop li jagħmlu

attivitajiet terroristiċi.

(2) Fis-subartikolu (1) "grupp strutturat" tfisser grupp li ma

jkunx iffurmat kif ġie ġie sabiex jitwettaq xi reat ta’ malajr u fejn

ma jkunx meħtieġ li l-membri jkollhom xi pożizzjonijiet

formalment stabbiliti fi ħdan il-grupp, li dawk l-istess membri

jibqgħu fil-grupp jew li jkun hemm xi struttura żviluppata.

(3) Kull min iġib ’il quddiem, jikkostitwixxi, jorganizza,

imexxi, jipprovdi informazzjoni jew materjal lil, jew b’kull mezz,

direttament jew indirettament, jiġbor, jirċievi, jipprovdi jew

jistieden persuna oħra sabiex tipprovdi flus jew proprjetà oħra, jew

b’modi oħra jiffinanzja grupp terroristiku filwaqt li jkun jaf li dik

il-parteċipazzjoni, involviment jew finanzjar ikunu ser

jikkontribwixxu għall-attivitajiet, sew kriminali sew xort’oħra, tal-

grupp terroristiku, jeħel -

(a) meta l-imsemmija parteċipazzjoni jew involviment ikunu

jikkonsistu fid-direzzjoni tal-grupp terroristiku, il-piena

ta’ priġunerija għal żmien mhux inqas minn ħmistax (15)

il-sena u mhux iżjed minn tletin (30) sena

Iżda meta l-attività tal-grupp terroristiku tkun

tikkonsisti biss fl-atti msemmija fl-artikolu 328A(2)(k)

il-piena tkun dik ta’ priġunerija għal żmien mhux iżjed

minn tmien snin;

(b) f’kull każ ieħor, il-piena ta’ priġunerija għal żmien

mhux iżjed minn tmien snin.

328Ċ. (1) Kull min, bil-ħsieb li jagħmel xi wieħed mill-atti

elenkati fl-artikolu 328A(2)(a) sa (j) jew fl-artikolu 328B jew fl-

artikolu 328Ċ(2)(d) -

(a) jagħmel reat ta’ serq aggravat skont m’hemm provdut

fl-artikolu 261; jew

(b) jagħmel ir-reat imsemmi fl-artikolu 113 jew 250; jew

(ċ) jagħmel ir-reat ta’ falsifikazzjoni jew xi reat li hemm fis-

Sub-titoli I u II tat-Titolu V,

jista’ jeħel l-istess piena li hemm stabbilita fl-artikolu 328A(3)

Iżda għar-reati msemmijin f’dan is-subartikolu, mhux

neċessarju li tiġi stabbilita rabta ma’ xi reat speċifiku ieħor elenkat

f’dan is-Sub-titolu

(2)

Kull min, xjentement -

(a) pubblikament jipprovoka l-għemil ta’ xi attivitajiet

terroristiċi bi kwalunkwe mezz, inkluż iżda mhux limitat

għad-distribuzzjoni jew it-tqegħid għad-dispożizzjoni

b’xi mezz ieħor, online jew offline, ta’ messaġġ lill-

pubbliku, bl-intenzjoni li jinċita t-twettiq ta’ reat

terroristiku, fejn tali mġiba, direttament jew

indirettament, bħal pereżempju bil-glorifikazzjoni ta’ atti

terroristiċi, tippromwovi t-twettiq ta’ reati terroristiċi, u

b’hekk toħloq periklu li jitwettaq jew jitwettqu wieħed

jew aktar minn tali reati;

(b) jirrekluta jew iħajjar lil xi persuna oħra biex tagħmel

attivitajiet terroristiċi jew biex tivjaġġa għall-finijiet

imsemmija fil-paragrafu (d);

(ċ) iħarreġ jew jgħallem lil xi persuna oħra jew jistudja

b’mod awtonomu tagħmel jew tuża splussivi, armi tan-

nar jew armi oħra jew sustanzi li jagħmlu l-ħsara jew li

huma perikolużi, jew tuża metodi oħra speċifiċi jew

tekniċi, bil-għan li jsiru xi attivitajiet terroristiċi;

(ċċ) jirċievi taħriġ jew struzzjonijiet mingħand persuna oħra,

dwar il-produzzjoni jew l-użu ta’ splussivi, armi tan-nar

jew armi oħra jew ta’ sustanzi tossiċi jew perikolużi, jew

dwar metodi jew tekniki speċifiċi oħra, għall-fini li

jitwettaq, jew li jsir kontribut għat-twettiq ta’ attivitajiet

terroristiċi;

(d) jivvjaġġa jew jittanta jivvjaġġa fl-Unjoni Ewropea jew ’il

barra minnha, direttament jew billi jgħaddi fi transitu

minn xi wieħed jew iżjed Stati Membri tal-Unjoni, sabiex

iwettaq, jippjana jew jipprepara għal, jew jipparteċipa

f’attivitajiet terroristiċi, jew jipparteċipa fl-attivitajiet ta’

grupp terroristiku bl-għarfien tal-fatt li tali

parteċipazzjoni ser tikkontribwixxi għall-attivitajiet

kriminali ta’ tali grupp, jew jipprovdi jew jirċievi taħriġ

f’attivitajiet terroristiċi;

(e) jiffinanzja, jorganizza jew b’xi mod ieħor jiffaċilita l-

ivvjaġġar għall-finijiet imsemmija fil-paragrafu (d);

(f)

jipproduċi,

jiddistribwixxi,

iqassam,

jimporta,

jesporta, joffri, ibigħ, jissupplixxi, jittrasmetti,

jagħmel disponibbli, jipprokura għalih jew għal

ħaddieħor, jew juri pubblikazzjoni li x’aktarx

tinkoraġġixxi jew iġiegħel biex isiru attivitajiet

terroristiċi jew ikun utli fit-twettiq ta’ dawn l-

attivitajiet,

jista’ jeħel l-istess piena bħal ma hemm stabbilita fl-artikolu

328A(3).

(3)

Kull min -

(a) jorganizza jew imexxi persuni biex jikkommettu reat

taħt is-subartikolu (2); jew

(b) b’xi mod ieħor jikkontribwixxi xjentement sabiex

jitwettaq xi wieħed jew iżjed mir-reati taħt is-

subartikolu (2), minn grupp ta’ persuni li jkunu qed

jaġixxu bl-istess għan meta dak il-kontribut ikun

magħmul bil-għan li titferrex l-attività kriminali

ġenerali jew il-ħsieb tal-grupp jew l-għarfien tal-ħsieb

tal-grupp sabiex jikkommettu r-reat jew reati

konċernati,

jista’ jeħel il-piena ta’ priġunerija minn erbgħa sa tletin sena.

(4) Biex isir reat taħt dan l-artikolu jew taħt l-artikolu 328B, mhux

meħtieġ li attivitajiet terroristiċi jkunu fil-fatt saru.

(5) Meta r-reat imsemmi fil-paragrafi (b) u (ċ) tas-subartikolu

(2) jkun dirett lejn it-tfal, il-piena għandha tiżdied bi grad u

m’għandhiex tingħata fil-minimum.

(6)

Sabiex jiġu assigurati t-tneħħija jew l-ibblukkjar fis ta’ materjal

online li jikkostitwixxi provokazzjoni pubblika għal twettiq ta’

attivitajiet terroristiċi kif provdut fis-subartikolu (2)(a), għandhom

japplikaw, mutatis mutandis, id-dispożizzjonijiet tas-Sub-titolu V tat-

Titolu I tat-Tieni Ktieb, is-Sub-titolu VII tat-Titolu I tat-Tieni Ktieb, l-

artikolu 23 u l-artikolu 337G ta’ dan il-Kodiċi.

(7)

Bil-għan li tiġi żgurata t-tneħħija ta’ kontenut online ospitat

barra t-territorju ta’ Malta, liema kontenut online jikkostitwixxi

provokazzjoni pubblika sabiex jitwettqu attivitajiet terroristiċi kif

imfissra fis-subartikolu (2)(a), il-Pulizija tista’ titlob lill-fornituri tas-

servizz tal-internet li jospitaw tali kontenut online biex ineħħu tali

kontenut online. It-talba mibgħuta lill-fornituri tas-servizz tal-internet

għandu jkun fiha kawżi raġonevoli li għalihom tkun saret it-talba.

(8) Kwalunkwe deċiżjoni meħuda mill-Pulizija skont is-

subartikolu (7) tista’ tiġi kontestata skont l-artikolu 469A tal-Kodiċi

ta’ Organizzazzjoni u Proċedura Ċivili.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328C Offences linked to terrorist acts. — CRIMINAL CODE Open official source

(1) Whosoever, with the intention of committing any of the

acts listed in article 328A(2)(a) to (j) or in article 328B or in article

328C(2)(d) -

(a) commits an offence of theft aggravated as provided in

article 261; or

(b) commits the offence in article 113 or 250; or

(c) commits an offence of forgery or any of the offences

under Sub-titles I and II of Title V,

shall be liable to the same punishment laid down in article 328A(3)

Provided that for the offences referred to in this sub-article, it

shall not be necessary to establish a link to another specific offence

listed in this Sub-title.

(2)

Whosoever, knowingly -

(a) publicly provokes the commission of terrorist activities

by any means including but not limited to the

distribution, or otherwise making available by any

means, whether online or offline, of a message to the

public, with the intent to incite the commission of a

terrorist offence, where such conduct, directly or

indirectly, such as by the glorification of terrorist acts,

advocates the commission of terrorist offences, thereby

causing a danger that one or more such offences may be

committed;

(b) recruits or solicits another person to commit terrorist

activities or to travel for purposes mentioned in

paragraph (d);

(c) trains or instructs another person ir self-studies in the

making or use of explosives, firearms or other

weapons or noxious or hazardous substances, or in

other specific methods or techniques, for the purpose

of committing terrorist activities;

(cc) receives training or instruction, from another person in

the making or use of explosives, firearms or other

weapons or noxious or hazardous substances, or in other

specific methods or techniques, for the purpose of

committing or contributing to the commission of terrorist

activities;

(d) travels or attempts to travel within or outside the

European Union, directly or by transiting through one or

several Member States of the Union, for the purpose of

the perpetration, planning, or preparation of, or

participation in, terrorist activities or participation in the

activities of a terrorist group with knowledge of the fact

that such participation will contribute to the criminal

activities of such a group or the providing or receiving of

training in terrorist activities;

(e) finances, organizes or in any other manner facilitates

travel for the purposes mentioned in paragraph (d);

(f)

produces, distributes, disseminates, imports, exports,

offers, sells, supplies, transmits, makes available,

procures for oneself or for another, or shows a

publication likely to encourage or induce the

commission of terrorist activities or to be useful in the

commission of such activities,

shall be liable to the same punishment laid down in article 328A(3).

(3)

Whosoever -

(a) organizes or directs others to commit an offence under

sub-article (2); or

(b) in any other way knowingly contributes to the

commission of one or more of the offences under sub-

article (2), by a group of persons acting with a

common purpose when such contribution is made with

the aim of furthering the general criminal activity or

purpose of the group or in the knowledge of the

intention of the group to commit the offence or

offences concerned,

shall be liable to the punishment of imprisonment of four to thirty

years.

(4) For the commission of an offence under this article or article

328B, it shall not be necessary that terrorist activities be actually

committed.

(5) Where the offence referred to in paragraphs (b) and (c) of

sub-article (2) is directed towards a child, the punishment shall be

increased by one degree and shall not be awarded in its minimum.

(6) For the purpose of ensuring the prompt removal or blocking of

online content constituting public provocation to commit a terrorist

activities as defined in sub-article (2)(a), the provisions of Sub-title V of

Title I of Book Second, of Sub-title VII of Title I of Book Second, of

article 23 and of article 337G of this Code shall, mutatis mutandis,

CRIMINAL CODE

apply.

(7)

For the purpose of ensuring the removal of online content

hosted outside the territory of Malta, which online content constitutes

a public provocation to commit terrorist activities as defined in sub-

article (2)(a), the Police may request internet service providers hosting

such online content to remove such online content. The request

communicated to the internet service provider shall contain reasoned

grounds for which such a request was made.

(8) Any decision taken by the Police in accordance with sub-

article (7) may be challenged in terms of article 469A of the Code of

Organization and Civil Procedure.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328D Inciting, aiding or abetting. — CRIMINAL CODE Open official source

Whosoever incites, aids or abets any offence under this

Sub-title shall be guilty of an offence and shall be liable on

conviction to the punishment laid down for the offence incited,

aided or abetted.

328E.(1) In this Sub-title, "terrorist property" means -

(a) money or other property which is likely to be used for

the purposes of terrorist activities, including any

resources of a terrorist group,

(b) proceeds of the commission of terrorist activities, and

(c) proceeds of acts carried out for the purposes of

terrorist activities.

(2)

In sub-article (1) -

(a) a reference to proceeds of an act includes a reference

to any property which wholly or partly, and directly or

indirectly, represents the proceeds of the act (including

payments or other rewards in connection with its

commission), and

(b) the reference to a group’s resources includes a

reference to any money or other property which is

applied or made available, or is to be applied or made

available, for use by the group.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 328E Proprjetà ġejja mit-terroriżmu. Miżjud: VI.2005.2. Emendat: III.2015.27. — KODIĊI KRIMINALI Open official source

(1) F’dan is-Sub-titolu, "proprjetà ġejja mit-terroriżmu"

tfisser -

(a) flus jew proprjetà oħra li x’aktarx li jintużaw għall-

finijiet ta’ attivitajiet terroristiċi, inklużi r-riżorsi ta’

grupp terroristiku,

(b) rikavat mill-għemil ta’ attivitajiet terroristiċi, u

(ċ) rikavat minn atti li jsiru għal finijiet ta’ attivitajiet

terroristiċi.

(2)

Fis-subartikolu (1) -

(a) riferenza għal rikavat minn xi att tinkludi riferenza

għal kull proprjetà li għal kollox jew biss f’parti, u

direttament jew indirettament, tkun tirrappreżenta r-

rikavat mill-att (inkluż kull ħlas jew kumpens ieħor li

jkollu x’jaqsam mal-għemil ta’ dak ir-reat), u

(b) riferenza għar-riżorsi ta’ grupp jinkludu riferenza għal

kull flus jew proprjetà oħra li tiġi applikata jew issir

disponibbli, jew tkun se tiġi applikata jew tkun se ssir

disponibbli, biex tintuża mill-grupp.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328F Funding of terrorism. — CRIMINAL CODE Open official source

(1) Whosoever by any means, directly or indirectly,

collects, receives, provides or invites another person to provide,

money or other property or otherwise provides finance intending it

to be used, or which he has reasonable cause to suspect that it may

be used, in full or in part, for the purposes of terrorist activities

under article 328A and offences linked to terrorist acts under article

328C or knowing that it will contribute towards the activities,

whether criminal or otherwise, of any person involved in terrorist

activities or of a terrorist group shall, on conviction, and unless the

fact constitutes a more serious offence under any other provision of

this Code or of any other law, be liable to the punishment of

imprisonment for a term of not less than four years but not exceeding

twenty years or to a fine (multa) not exceeding two million and five

hundred thousand euro (€2,500,000) or to both such fine and

imprisonment.

(2) In this article a reference to the provision of money or other

property is a reference to its being given, lent or otherwise made

available, whether for consideration or not.

328G.(1) Whosoever uses money or other property for the

purposes of terrorist activities shall, on conviction, be liable to the

punishment of imprisonment from seven years to life.

(2) Whosoever is in possession of money or other property

intending it to be used, or having reasonable cause to suspect that it

may be used, for the purposes of terrorist activities shall, on

conviction, be liable to the punishment laid down in article

328F(1)

Provided that for the purposes of this article and of article

328F it shall not be necessary that the funds are in fact used, in full or

in part, to commit or to contribute to any of the offences provided for,

nor shall it be required that the offender knows for which specific

offence the funds are to be used.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 328G Użu u pussess. Miżjud: VI.2005.2. Emendat: III.2015.29; XLII.2018.8; LII.2020.4. — KODIĊI KRIMINALI Open official source

(1) Kull min juża flus jew proprjetà oħra għall-finijiet ta’

attivitajiet terroristiċi jista’, meta jinsab ħati, jeħel il-piena ta’

priġunerija minn seba’ snin sa għomru l-ħabs.

(2) Kull min ikollu fil-pussess tiegħu flus jew proprjetà oħra

bil-ħsieb li dawn jintużaw, jew li huwa jkollu kawża raġonevoli li

jissuspetta li dawn jistgħu jintużaw, għall-finijiet ta’ attivitajiet

terroristiċi jista’, meta jinsab ħati, jeħel il-piena stabbilita fl-

artikolu 328F(1)

Iżda għall-finijiet ta’ dan l-artikolu u tal-artikolu 328F ma

jkunx meħtieg illi l-fondi jiġu użati, kollha jew in parti, għat-twettiq

ta’ jew kontribuzzjoni lejn xi reat kif provdut, u lanqas ma għandu

jkun neċessarju illi l-ħati jkun jaf għal liema reat speċifiku ser

jintużaw il-fondi.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328H Funding arrangements. — CRIMINAL CODE Open official source

Whosoever -

(a) enters into or becomes concerned in an arrangement as

a result of which money or other property is made

available or is to be made available to another, and

(b) knows or has reasonable cause to suspect that the

money or other property will or may be used for the

purposes of terrorist activities,

shall on conviction be liable to the punishment laid down in article

328F(1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328I Facilitating retention or control of terrorist property. — CRIMINAL CODE Open official source

(1) Whosoever enters into or becomes concerned in an

arrangement which facilitates the retention or control by or on

behalf of another person of terrorist property -

(a) by concealment,

(b) by removal from the jurisdiction,

(c) by transfer to nominees, or

(d) in any other way,

shall, on conviction, be liable to the punishment laid down in

article 328F(1).

(2) It is a defence for a person charged with an offence under

sub-article (1) to prove that he did not know and had no reasonable

cause to suspect that the arrangement related to terrorist property.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328J Corporate criminal liability. — CRIMINAL CODE Open official source

(1) The provisions of article 121D shall apply where a

person is found guilty of an offence under this subtitle sohowever

that the body corporate shall for such offence be liable to the

punishment of a fine (multa) not exceeding five million euro

(€5,000,000).

(2) The body corporate shall also be held liable for an offence

under this Sub-title where the lack of supervision or control by a

person referred to in article 121D has made possible the

commission of the offence for the benefit of the body corporate,

which shall upon conviction be liable to the punishment laid down

in sub-article (1)

Provided that notwithstanding the provisions of sub-article (1),

nothing shall preclude the institution of criminal proceedings against

the natural persons referred to in sub-article (1), who act as

perpetrators, inciters or accessories in any of the offences under this

Sub-title.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328K Other penalties. — CRIMINAL CODE Open official source

Without prejudice to any other punishment to which the

offence may be liable under this Code or any other law, where the

offender is a body corporate liable to punishment under the

provisions of article 328J the Court may, at the request of the

prosecution, order -

(a) the suspension or cancellation of any licence, permit

or other authority to engage in any trade, business or

other commercial activity;

(b) the temporary or permanent closure of any

establishment which may have been used for the

commission of the offence;

(c) the compulsory winding up of the body corporate.

(d) exclusion from entitlement to public benefits or State

aid;

(e) placing under judicial supervision

Provided that for the purposes of sub-article (e), the

judicial authorities may make use of the services offered

by the Asset Recovery Bureau as established by law.

328L.(1) The court by or before which a person is convicted of

an offence under any of articles 328F to 328I may make a forfeiture

order in accordance with the provisions of this article.

(2) Where a person is convicted of an offence under articles

328F or 328G the court may order the forfeiture of any money or

other property -

(a) which, at the time of the offence, he had in his

possession or under his control and,

(b) which, at that time, he intended should be used, or

which he knew or had reasonable cause to suspect

would or might be used, for the purposes of terrorist

activities.

(3) Where a person is convicted of an offence under article

328H the court may order the forfeiture of the money or other

property -

(a) to which the arrangement in question related, and

(b) which, at the time of the offence, he knew or had

reasonable cause to suspect would or might be used,

for the purposes of terrorist activities.

(4) Where a person is convicted of an offence under article

328I the court may order the forfeiture of the money or other

property to which the arrangement in question related.

(5) Where a person is convicted of an offence under any of

articles 328F to 328I, the court may order the forfeiture of any

money or other property which wholly or partly, and directly or

indirectly, is received by any person as a payment or other reward

in connection with the commission of the offence.

(6) Where a person other than the convicted person claims to

be the owner of, or otherwise interested in, anything which can be

forfeited by an order under this article, the court shall give him an

opportunity to be heard before making an order.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 328L Konfiska. Miżjud: VI.2005.2. Emendat: III.2015.31. — KODIĊI KRIMINALI Open official source

(1) Il-qorti li ssib ħati jew li quddiemha tinstab ħatja xi

persuna ta’ reat taħt l-artikoli 328F sa 328I tista’ tagħmel ordni ta’

konfiska skont id-dispożizzjonijiet ta’ dan l-artikolu.

(2) Meta persuna tinsab ħatja ta’ reat taħt l-artikolu 328F jew

328G il-qorti tista’ tordna l-konfiska ta’ kull flus jew proprjetà

oħra -

(a) li, fi żmien ir-reat, kellha fil-pussess tagħha jew taħt il-

kontroll tagħha u,

(b) li, dak iż-żmien, kellha l-intenzjoni li jiġu użati, jew li

kien jaf jew kellha għalfejn raġonevolment tissuspetta

kienu sejrin jew setgħu jiġu użati, għal għanijiet ta’

attivitajiet terroristiċi.

(3) Meta persuna tinsab ħatja ta’ reat taħt l-artikolu 328H il-

qorti tista’ tordna l-konfiska ta’ kull flus jew proprjetà oħra -

(a) li magħhom

ikollu

x’jaqsam

l-arranġament

in

kwistjoni, u

(b) li, fi żmien ir-reat, kienet taf jew kellha għalfejn

raġonevolment tissuspetta kienu sejrin jew setgħu jiġu

użati, għal għanijiet ta’ attivitajiet terroristiċi.

(4) Meta persuna tinsab ħatja ta’ reat taħt l-artikolu 328I il-

qorti tista’ tordna l-konfiska ta’ kull flus jew proprjetà oħra li

magħhom ikollu x’jaqsam l-arranġament in kwistjoni.

(5) Meta persuna tinsab ħatja ta’ reat taħt xi wieħed mill-

artikoli 328F sa 328I, il-qorti tista’ tordna l-konfiska ta’ kull flus

jew proprjetà oħra li fl-intier tagħhom jew in parti, u direttament

jew indirettament, jiġi riċevut minn xi persuna bħala pagament jew

rikompens ieħor in konnessjoni mal-għemil tar-reat.

(6) Meta persuna li ma tkunx il-persuna misjuba ħatja tallega li

tkun il-proprjetarju ta’ jew xort’oħra interessata fi kwalunkwe ħaġa

li tista’ tiġi konfiskata b’ordni taħt dan l-artikolu, il-qorti għandha

tagħtiha opportunità li tinstema’ qabel ma tagħmel xi ordni.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328M Jurisdiction. — CRIMINAL CODE Open official source

Without prejudice to the provisions of article 5, the courts

in Malta shall also have jurisdiction over the offences laid down in

this Sub-title where -

(a) the offence is committed even if only in part in the

territory of Malta or on the sea in any place within the

territorial jurisdiction of Malta;

(b) the offender is a Maltese national or permanent

resident within the meaning of article 5(1)(d) in Malta;

(c) the offender is a person suspected or convicted of an

offence laid down in this Sub-title and whose

surrender or extradition to another country for such an

offence is refused by Malta even if there is no

provision according to the laws of Malta other than the

present provision in virtue of which the criminal action

may be prosecuted in Malta against that person;

(d) the offence is committed for the benefit of a legal

person established in Malta;

(e) the offence is an offence under article 328B or an

offence under article 328D which involves a terrorist

group even if the terrorist group is based or pursues its

criminal activities outside Malta;

(f)

the offence is committed against the institutions or

people of Malta or against an institution of the

European Union or a body set up in accordance with

the Treaties and based in Malta

Provided that for the purposes of this paragraph

CRIMINAL CODE

"the European Union" shall have the same

meaning assigned to it by article 2(1) of the

European Union Act;

"the Treaties" means the Treaty establishing the

European Community done at Rome on the 25th

March, 1957 and the Treaty on European Union

done at Maastricht on the 7th February, 1992,

and the Protocols annexed thereto.

(g) Where the offence falls within the jurisdiction of

Malta and any other Member State of the European

Union and where such Member States can validly

prosecute on the basis of the same facts, the said

Member States shall cooperate in order to decide

which one of them shall prosecute the offenders,

having regard to the following factors

(i)

the Member State shall be that in the territory of

which the offence was committed;

(ii) the Member State shall be that of which the

offender is a national or resident;

(iii) the Member State shall be the country of origin

of the victims;

(iv) the Member State shall be that in the territory of

which the offender was found

Provided that for the purposes of this paragraph

cooperation between Member States of the

European Union may be facilitated through

recourse to Eurojust;

''Eurojust'' shall have the same meaning assigned to it by Council

Decision 2002/187/JHA of 28 February 2002 of the European

Union.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328MA Mitigation of punishment. — CRIMINAL CODE Open official source

The punishment awarded under this Sub-title may be

reduced by up to two degrees if the offender

(a) renounces terrorist activity; and

(b) provides the administrative or judicial authorities with

information which they would not otherwise have been

able to obtain, helping them to

(i)

prevent or mitigate the effects of the offence;

(ii)

identify or bring to justice the other offenders;

(iii)

find evidence; or

(iv)

prevent further offences referred to in articles

328A to 328D and 328F.

Sub-title IV B

OF PIRACY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328N Definition of piracy. — CRIMINAL CODE Open official source

(1) For the purposes of this subtitle "piracy" means any

of the following acts

(a) any illegal acts of violence or detention, or any act of

depredation, committed for private ends by the crew or

passengers of a private ship or a private aircraft, and

directed

(i)

on the high seas, against another ship or aircraft,

or against persons or property on board such

ship or aircraft;

(ii) against a ship, aircraft, persons or property in a

place outside the jurisdiction of any State;

(b) any of the acts referred to in paragraph (a) committed

by the crew or passengers of a warship, government

ship or government aircraft whose crew has mutinied

and taken control of the ship or aircraft;

(c) any act of voluntary participation in the operation of a

ship or of an aircraft with knowledge of facts making it

a pirate ship or aircraft;

(d) any act of inciting or of knowingly facilitating an act

described in paragraph (a) or (b) or (c).

(2) For the purposes of this Title, a ship or aircraft is

considered a pirate ship or aircraft if it is intended by the persons in

dominant control to be used for the purpose of committing one of

the acts referred to in sub-article (1) or if the ship or aircraft has

been used to commit any such act and the ship or aircraft remains

under the control of the person guilty of that act.

(3) Any person guilty of piracy under this article shall be

liable

(a) where the offence consists in any of the acts referred to

in sub-article (1)(a) and (b) when accompanied with

the loss of life of any person, to the punishment of

imprisonment for life;

(b) where the offence consists in any of the acts referred to

in (1)(a) and (b) when not accompanied with the loss

of life of any person, to the punishment of

imprisonment not exceeding thirty years;

(c) where the offence consists in any act referred to in

sub-article (1)(c), to the punishment of imprisonment

for a term not exceeding eight years;

(d) where the offence consists in any act referred to in

sub-article (1)(d), to the punishment laid down for the

act incited or facilitated.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 328O Jurisdiction. — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of article 5, the

Maltese courts shall also have jurisdiction over the offences laid

down in this article where the offence is committed

(a) by any citizen of Malta or permanent resident in

Malta;

(b) by any person while on board any ship, vessel or

CRIMINAL CODE

aircraft belonging to Malta;

(c) by any person against any ship, vessel or aircraft

belonging to Malta or against the person or property of

any citizen of Malta or permanent resident in Malta.

(2) For the purposes of this article a ship, vessel or aircraft

shall be deemed to belong to Malta in the same circumstances

mentioned in article 5(2).

(3) For the purposes of this article, the phrase "permanent

resident" shall have the same meaning assigned to it by article

5(1)(d).

G ENERAL P ROVISIONS APPLICABLE TO THIS T ITLE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 329 Punishment in respect of offences against property accompanied with offences against the person. — CRIMINAL CODE Open official source

The punishments established in the respective articles of

this Title for any offence against property accompanied with

homicide, bodily harm, or confinement of the person, shall always

be applied if the act of violence has been completed, even though

the offence against the property was merely attempted.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 330 Unlawful entry into houses, etc. — CRIMINAL CODE Open official source

In the case of any entry into any house or other place or

enclosure by any of the means mentioned in articles 264, 265 and

266, although there is no evidence of any act constituting an

attempt to commit another offence, the offender shall, for the mere

entry as aforesaid, on conviction, be liable -

(a) if the circumstances show that the object of the

offender was to commit theft or damage to property or

any offence against the person as defined in article

5(1)(d), or if it is proved that the offender was

previously convicted of any such offence or of any of

the offences referred to in article 338(i) and (w), to

imprisonment for a term from five to eighteen months;

(b) in any other case, to imprisonment for a term not

exceeding three months or to a fine (multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 331 No criminal action for offences against the property of descendants, etc. — CRIMINAL CODE Open official source

Except in the cases referred to in articles 316, 317 and

318, no criminal proceedings may be instituted except on the

complaint of the injured party for offences committed against the

property of any descendant or relative by affinity in the descending

line, or of any one of the spouses, unless such offences be

accompanied with homicide, bodily harm or confinement of the

person or with a threat to kill or to inflict bodily harm.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 332 — CRIMINAL CODE Open official source

Except in the cases referred to in articles 316, 317 and

318, no criminal proceedings may be instituted except on the

complaint of the injured party for offences committed against the

property of any ascendant or relative by affinity in the ascending

line, or of a brother or sister or of any relative by affinity in the

same degree, unless such offences be accompanied with homicide,

bodily harm, other than a slight bodily harm of small consequence,

or with confinement of the person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 333 Outsiders excepted. — CRIMINAL CODE Open official source

The limitations mentioned in the last two preceding

articles shall not operate in favour of such other persons as may

have taken part in the commission of the offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 334 Receiving stolen property. — CRIMINAL CODE Open official source

Whosoever shall in Malta knowingly receive or purchase

any property which has been stolen, misapplied or obtained by

means of any offence, whether committed in Malta or abroad, or

shall knowingly take part, in any manner whatsoever, in the sale or

disposal of the same, shall, on conviction, be liable -

(a) if the property has been obtained by theft, to the

punishment established for theft, according to the

value of the property;

(b) if the property has been obtained by means of any of

the various offences relative to unlawful acquisition

and possession of property, to the punishment

established for such unlawful acquisition or

possession;

(c) if the property has been obtained by fraud, to the

punishment established for the particular fraud by

which the property was obtained

Provided that the offender shall be exempted from any

punishment in respect of any of the offences referred to in this

article, if, before any criminal proceedings are instituted against

him and within three days after receiving, purchasing, or taking

part in the purchase, sale or disposal as aforesaid, he shall deliver

to the competent authority the property received, purchased, sold or

disposed of, and shall make known the perpetrators of the offence

Provided further that for the purpose of this article such

property shall only be deemed to have been stolen, misapplied or

obtained by means of any offence committed abroad if it has been

obtained by any act of commission or omission which, if committed

in Malta, would have amounted to any of the offences mentioned in

paragraphs (a), (b) and (c).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 334A Failure to inform about stolen, etc., property. — CRIMINAL CODE Open official source

Whosoever, on becoming aware that any property in his

possession is stolen property or property misapplied or obtained by

means of any offence, fails to give notice thereof to the Executive

Police within a week of becoming so aware, shall, on conviction, be

liable to imprisonment for a term not exceeding three months or to

a fine (multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 335 Rule as to estimation of damage. — CRIMINAL CODE Open official source

In any offence the punishment whereof varies according to

the amount of the damage caused, such amount shall not be

estimated by the gain made by the offender nor shall it include any

CRIMINAL CODE

interest accruing thereon, but it shall only be represented by the

actual damage suffered by the injured party at the time of the

offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 336 Estimation of damage caused both to relative and outsider. — CRIMINAL CODE Open official source

Where by the same offence the offender shall injure the

property of any of the persons referred to in article 331 and also the

property of any other person, and the punishment varies according

t o the am oun t of th e d amag e ca used, such amount shall be

represented solely by the amount of the damage caused to the

property of such other person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337 Decrease of punishment. — CRIMINAL CODE Open official source

(1) In cases of fraud, the prescribed punishment shall be

diminished by one or two degrees if, previously to the

commencement of any criminal proceedings against the offender,

the damage caused by the offence shall have been fully made good.

(2) In cases of theft, whether simple or aggravated, as well as

any offence of voluntary damage to property committed in the

course of the execution of the offence of theft, the prescribed

punishment shall be diminished by two degrees if, prior to his

arraignment in court in connection with that theft

(a) the offender discloses to the competent authority any

person who may have received or purchased from him,

or who may have taken part in the sale or disposal of,

the stolen property, and

(b) (i) either he delivers to the competent authority all

the property stolen by him, making good to the

injured party any damage that may have been

caused to the property, or

(ii) where the property has not been recovered, he

pays to the injured party the full value of the

property so stolen; and

(c) fully makes good to the injured party any damage, to

other moveable or immoveable property, caused by, or

in the course of the execution of, the offence of theft.

(3) The prescribed punishment in the case of the offences

mentioned in sub-article (2) may be diminished by one degree if the

offender complies with the provisions of that sub-article after his

arraignment in court as aforesaid.

(4)

The provisions of sub-articles (2) and (3) shall not apply -

(a) in the case of theft aggravated by violence consisting

in wilful homicide, attempted homicide, wilful bodily

harm or confinement of the person;

(b) in the case of theft aggravated by violence directed

against any of the persons mentioned in article 276A;

(c) in the case of theft in the course of the execution of

which a death or bodily harm ensues as provided in

article 226A.

(5) The circumstances mentioned in sub-articles (1) and (2)

shall not be considered as special or exceptional reasons for the

purpose of article 21.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337A Smuggling of persons. — CRIMINAL CODE Open official source

(1) Any person who with the intent to make any gain

whatsoever aids, assists, counsels or procures any other person to

enter or to attempt to enter or to leave or attempt to leave or to

transit across or to attempt to transit across, Malta in contravention

of the laws thereof or who, in Malta or outside Malta, conspires to

that effect with any other person shall, without prejudice to any

other punishment under this Code or under any other law, be liable

to the punishment of imprisonment from four years to ten years, or a

fine (multa) of forty thousand euro (€40,000) or to both such fine and

imprisonment and the provisions of articles 21 and 28A and those

of the Probation Act shall not apply

Provided that where the persons aided, assisted, counselled,

procured or the object of the conspiracy as aforesaid number more

than three the punishment shall be increased by one to three

degrees

Provided also that where the offence is committed -

(a) as an activity of a criminal organization; or

(b) while endangering the lives of the persons aided,

assisted, counselled, procured or the object of the

conspiracy as aforesaid,

the punishment shall always be increased by two degrees even

when the first proviso does not apply.

(2) Without prejudice to the provisions of article 5, the courts

in Malta shall also have jurisdiction over the offence in this article

where -

(a) the offence is committed even if only in part in the

territory of Malta or on the sea in any place within the

territorial jurisdiction of Malta;

(b) the offender is a Maltese national or permanent

resident in Malta within the meaning of article 5(1)(d);

(c) the offence is committed for the benefit of a legal

person established in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337AA Corporate criminal liability. — CRIMINAL CODE Open official source

* The provisions of articles 328J and 328K shall apply

mutatis mutandis to any offence under Sub-title IV of this title and

to the offence in article 337A.

Sub-title V

O F COMPUTER MISUSE

*originally, as enacted by Act VI of 2005, this article was numbered article 337B.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337B Interpretation. — CRIMINAL CODE Open official source

(1) For the purposes of this Sub-title the following

definitions, unless the context otherwise requires, shall apply

"computer" means an electronic device that performs logical,

arithmetic and memory functions by manipulating electronic or

magnetic impulses, and includes all input, output, processing,

storage, software and communication facilities that are connected

or related to a computer in a computer system or computer network;

"computer data" means any representation of facts, information

or concepts in a form suitable for processing in an information

system or in a computer system, including a program suitable to

cause a computer system to perform a function;

"computer network" means the interconnection of

communication lines and circuits with a computer through a remote

device or a complex consisting of two or more interconnected

computers;

"computer output" or "output" means a statement or a

representation of data whether in written, printed, pictorial, screen

display, photographic or other film, graphical, acoustic or other

form produced by a computer;

"computer software" or "software" means a computer program,

procedure or associated documentation used in the operation of a

computer system;

"computer supplies" means punched cards, paper tape, magnetic

tape, disk packs, diskettes, CD-roms, computer output, including

p a p e r a n d m i c r o f o r m an d a ny s to r a g e m e d i a , e l e c t r o n ic o r

otherwise;

"computer system" means a set of related computer equipment,

hardware or software;

"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;

"function" includes logic, control, arithmetic, deletion, storage,

retrieval and communication of data or telecommunication to, from

or within a computer;

"information system" means a device or group of inter-connected

or related devices, one or more of which, pursuant to a programme,

automatically processes computer data, as well as computer data

stored, processed, retrieved or transmitted by that device or group

of devices for the purposes of its or their operation, use, protection

and maintenance;

"supporting documentation" means any documentation used in

the computer system in the construction, clarification,

implementation, use or modification of the software or data.

(2) A reference in this Sub-title to software includes a

reference to a part of the software.

(3) A reference in this Sub-title to a computer includes a

reference to a computer network.

(4) A reference in this Sub-title to data, software or supporting

documentation held in a computer or computer system includes a

reference to data, software or supporting documentation being

transmitted through a computer network.

(5) For the purposes of this Sub-title, a person uses software if

the function he causes the computer to perform

(a) causes the software to be executed; or

(b) is itself a function of the software.

(6) A reference in this Sub-title to any software or data held in

a computer includes a reference to any software or data held in any

removable storage medium which is for the time being in the

computer.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337C Unlawful access to, or use of, information. — CRIMINAL CODE Open official source

(1) A person who without authorisation does any of the

following acts shall be guilty of an offence against this article -

(a) uses a computer or any other device or equipment to

access any data, software or supporting documentation

held in that computer or on any other computer, or

uses, copies or modifies any such data, software or

supporting documentation;

(b) outputs

any

data,

software

or

supporting

documentation from the computer in which it is held,

whether by having it displayed or in any other manner

whatsoever;

(c) copies any data, software or supporting documentation

to any storage medium other than that in which it is

held or to a different location in the storage medium in

which it is held;

(d) prevents or hinders access to any data, software or

supporting documentation;

(e) hinders or impairs the functioning or operation of a

computer system, software or the integrity or

reliability of any data;

(ee) hinders or interrupts the functioning of an information

system by inputting computer data, by transmitting,

damaging, deleting, deteriorating, altering or

suppressing such data, or by rendering such data

inaccessible;

(f)

takes possession of or makes use of any data, software

or supporting documentation;

(g) installs, moves, alters, damages, deletes, deteriorates,

CRIMINAL CODE

suppresses, destroys, varies or adds to any data,

software or supporting documentation or renders such

data inaccessible;

(h) discloses a password or any other means of access,

access code or other access information to any

unauthorised person;

(i)

uses another person’s access code, password, user

name, electronic mail address or other means of access

or identification information in a computer or in any

manner infringes any security measure to gain access

without authorization to the whole or to any part of an

information system;

(j)

discloses any data, software or supporting

documentation unless this is required in the course of

his duties or by any other law;

(k) intercepts

by

technical

means,

non-public

transmissions of data, to, from or within an

information system or a computer system, including

electromagnetic emissions from an information system

or a computer system carrying such computer data;

(l)

produces, sells, procures for use, imports, distributes,

possesses or otherwise makes available a device,

including a computer program, designed or adapted

primarily for the purpose of committing any of the acts

in paragraphs (a) to (k) or a computer password, access

code, or similar data by which the whole or any part of

an information system is capable of being accessed.

(2)

For the purposes of this Sub-title

(a) a person shall be deemed to act without authorisation

if he is not duly authorised by an entitled person;

(b) a person shall be deemed to be an entitled person if the

person himself is entitled to control the activities

defined in sub-article (1)(a) to (k) or in article 4(a) and

(b) of this Sub-title.

(3)

For the purposes of sub-article (1)

(a) a person shall be deemed to have committed an offence

irrespective of whether in the case of any

modification, such modification is intended to be

permanent or temporary;

(b) the form in which any software or data is output and in

particular whether or not it represents a form in which,

in the case of software, it is capable of being executed

or, in the case of data, it is capable of being processed

by a computer, is immaterial.

(4) For the purposes of sub-article (1)(f), a person who for the

fact that he has in his custody or under his control any data,

computer software or supporting documentation which he is not

authorised to have, shall be deemed to have taken possession of it.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337D Misuse of hardware. — CRIMINAL CODE Open official source

Any person who without authorisation does any of the

following acts shall be guilty of an offence against this article -

(a) modifies computer equipment or supplies that are used

or intended to be used in a computer, computer system

or computer network;

(b) takes possession of, damages or destroys a computer,

computer system, computer network, or computer

supplies used or intended to be used in a computer,

computer system or computer network or impairs the

operation of any of the aforesaid.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337E Commission of an offence outside Malta. — CRIMINAL CODE Open official source

(1) If any act is committed outside Malta which, had it

been committed in Malta, would have constituted an offence

against the provisions of this Sub-title, it shall, if the commission

affects any computer, software, data or supporting documentation

which is situated in Malta or is in any way linked or connected to a

computer in Malta, be deemed to have been committed in Malta.

(2) Notwithstanding sub-article (1), if the offence is committed

partially outside Malta and which had it been committed in Malta

constituted an offence contrary to the provisions of this Sub-title, said

offence shall be deemed to have been committed in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337F Offences and penalties. — CRIMINAL CODE Open official source

(1) Without prejudice to any other penalty established

under this Sub-title, any person who contravenes any of the

provisions of this Sub-title shall be guilty of an offence and shall be

liable on conviction to a fine (multa) not exceeding twenty-three

thousand and two hundred and ninety-three euro and seventy-three

cents (€23,293.73) or to imprisonment for a term not exceeding four

years, or to both such fine and imprisonment.

(2) The penalty shall be increased to a fine (multa) of not less

than five hundred euro (€500) and not exceeding one hundred and

fifty thousand euro (€150,000) or to imprisonment for a term from

twelve months to ten years, or to both such fine and imprisonment

in each of the following cases where the offence

(a) constitutes an act which is in any way detrimental to

any function or activity of Government, or hampers,

impairs or interrupts in any manner whatsoever the

provision of any public service or utility, whether or

not such service or utility is provided or operated by

any Government entity;

(b) causes serious damage;

(c) is committed against a critical infrastructure facility

information system;

(d) is committed within the framework of a criminal

organisation within the meaning of Council

Framework Decision 2008/841JHA of 24 October

2008 on the fight against organised crime;

(e) is committed through the misuse of personal data of

another person, with the aim of gaining the trust of a

third party, thereby causing prejudice to the rightful

identity owner

CRIMINAL CODE

Provided that where a person is found guilty of an offence

against this sub-article for a second or subsequent time, the

minimum of the penalty for such an offence shall not be less than

five thousand euro (€5,000)

Provided further that in this article "infrastructure facility"

shall have the same meaning assigned to it by article 314A(4).

(3) The penalties established under sub-article (2) shall also

apply in the case of any offence against any of the provisions of

this Sub-title -

(a) where the offence is committed in any place by an

employee to the prejudice of his employer or to the

prejudice of a third party, if his capacity, real or

fictitious, as employee, shall have afforded him

facilities in the commission of the offence; and

(b) with the exception of sub-article (2), where the offence

committed by a person is the second or subsequent

offence against any of the provisions of this Sub-title.

(4) A person who produces any material or does any other act

preparatory to or in furtherance of the commission of any offence

under this Sub-title shall be guilty of that offence and shall on

conviction be liable to the same punishment provided for the

offence.

(5) Any person who is an accomplice in the commission of an

offence against this Sub-title or who in any way incites, aids or

abets such commission shall be liable to the same penalties

contemplated for such an offence.

(6) It shall not be necessary for the prosecution to negative by

evidence any authorisation required under this Sub-title and the

burden of proving any such authorisation shall lie with the person

alleging such authorisation

Provided that this burden shall not be considered to have

been discharged with the mere uncorroborated testimony of the

person charged.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337G Search and seizure. — CRIMINAL CODE Open official source

The Minister may, for the purposes of this Sub-title, by

regulations prescribe

(a) the manner in which the Police may search computers,

computer systems or computer supplies and seize data

or software stored therein;

(b) procedures and methods for handling evidence that is

in an electronic form.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337H Applicability of articles 121D, 208B(5), 248E(4) and — CRIMINAL CODE Open official source

(1) The provisions of articles 121D, 208B(5), 248E(4)

and 248E(4A) shall apply mutatis mutandis to any offence under

this Sub-title.

328K. (2) The provisions of article 328K shall also apply mutatis

mutandis to any offence under this Sub-title as if the reference

therein to article 328J were a reference to article 121D.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 337I — CRIMINAL CODE Open official source

Whosoever, knowingly with intent to cause harm, shall engage

in actions that impact the integrity of electronic communications or with

intent to spread false news shall use an electronic mail address or

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.

PART III

O F C ONTRAVENTIONS AND P UNISHMENTS

Title I

O F C ONTRAVENTIONS

Sub-title I

O F C ONTRAVENTIONS A FFECTING P UBLIC O RDER

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 338 Contraventions affecting public order. — CRIMINAL CODE Open official source

Every person is guilty of a contravention against public

order, who -

(a) without permission, cuts any grass in or about any

fortification;

(b) throws any building material or rubbish in any ditch or

in the vicinity of any fortification;

(c) not being one of the persons referred to in article 62, in

case of a tumult or other calamity, or in the case of any

flagrant offence or of a hue and cry, refuses, without

reasonable excuse, to give help, or refuses, when so

required, to give information thereof, or gives false

information or particulars, to any person entrusted

with a public service in the actual exercise of his

duties;

(d) allows any insane person under his custody, whether

furious or otherwise, to go about at large;

(e) not being one of the persons referred to in article 62, is

present at any attempt against the life or property of

any person and fails to give information thereof to the

Executive Police;

(f)

without permission keeps a public school;

CRIMINAL CODE

(g) refuses to give, or untruthfully gives to any public

officer or any other person entrusted with a public

service in the actual exercise of his duties, his name,

surname, address and other particulars;

(h) Repealed by: X.1998.52.

(i)

not possessing property of any kind, and having no

other means of subsistence, fails to show that he has

habitually endeavoured to engage in or exercise some

art, trade or other occupation;

(j)

without being duly licensed, opens or keeps any place

for public divine worship;

(k) refuses to receive at the established value, any money

lawfully current;

(l)

taking advantage of the credulity of others, for the

purpose of gain, pretends to be a diviner, fortune-teller

or an interpreter of dreams;

(m) at night time, disturbs the repose of the inhabitants by

rowdiness or bawling, or in any other manner;

(n) in any public place, wears any mask, or disguises

himself, except at the time and in the manner allowed

by law;

(o) without permission, or against the prohibition of the

respective authorities, wears any civil, naval, military

or air force uniform, or any ecclesiastical habits or

vestments;

(p) leaves exposed in any street, open space, field, or other

public place, any ladder, iron bar, weapon, or other

instrument, of which an improper use might be made

by thieves or other wrong-doers, or which might cause

any injury;

(q) in the harbours, on the seashore or in any other public

place, exposes himself naked or is indecently dressed;

(r) in any street, or open space, quarrels or fights,

although jestingly, to the annoyance or injury of

passers-by;

(s) drives animals (whether of burden or riding animals)

over a drawbridge, with or without a vehicle,

otherwise than at an amble;

(t)

engages in any conspiracy with persons of the same

profession or business with the object of raising or

lowering the price of any article, or the wages of

labour, or of imposing conditions to the prejudice of

the public, in matters relating to such profession or

business;

(u) unlawfully tears or pulls down any public notice

affixed by the authorities, or any poster or placard

affixed in any public place or on any private property

with the previous consent, express or implied, of the

owner, during election time, by any political party or

person, containing the names of the candidates and

appealing to citizens to vote for such candidates, or

covers up, wholly or in part, such poster or placard

with any other poster or placard, or in any other

manner covers up the print of such poster or placard

Provided that in any such public place no party or

independent candidate may make use of a larger space

than that made use of by any other party or

independent candidate, having regard to the space

available in such public place and to the number of

such parties or independent candidates, and for such

purpose the Police shall, by regulations to be

published in the Gazette, fix the space to be thus made

use of by any party or independent candidate and shall

remove any poster or placard which may have been

affixed in contravention of the said regulations by

encroaching upon the space assigned to others;

(v) causes any physician, surgeon, obstetrician, or

clergyman, to attend on or visit any person whom he

falsely represents to be sick;

(w) leads an idle and vagrant life;

(x) in any public place importunes any person to beg alms;

(y) being a parent or a spouse, leaves his children or

spouse in want, whether in consequence of his or her

disorderly living or indolence;

(z) when so ordered by a court or so bound by contract

fails to give to a person the sum fixed by that court or

laid down in the contract as maintenance for that

person, within fifteen days from the day on which,

according to such order or contract, such sum should

be paid

Provided that, notwithstanding any other provision of

this Code, the criminal action for an offence under this

paragraph is barred by the lapse of six months

Provided further that where the offender is a recidivist

in a contravention under this paragraph the offender

shall be liable to the punishment of detention not

exceeding three months or a fine (multa) not exceeding

two hundred euro (€200) or imprisonment for a term

not exceeding two (2) months;

(aa) leaves his parents in want in consequence of his

disorderly living or his indolence;

(bb) even though in a state of intoxication, publicly utters

any obscene or indecent words, or makes obscene acts

or gestures, or in any other manner not otherwise

provided for in this Code, offends against public

morality, propriety or decency;

CRIMINAL CODE

(cc) runs violently in any street or open space, with the risk

of running into and injuring other persons;

(dd) in any manner not otherwise provided for in this Code,

wilfully disturbs the public good order or the public

peace;

(ee) disobeys the lawful orders of any authority or of any

person entrusted with a public service, or hinders or

obstructs such person in the exercise of his duties, or

otherwise unduly interferes with the exercise of such

duties, either by preventing other persons from doing

what they are lawfully enjoined or allowed to do, or

frustrating or undoing what has been lawfully done by

other persons, or in any other manner whatsoever,

unless such disobedience or interference falls under

any other provision of this Code or of any other law;

(ff) in any public place or place open to the public, is

found drunk and incapable of taking care of himself;

or in any public place or place open to the public,

being in charge of a child under the age of seven years,

or of any horse, mule or ox, or steam engine, or of any

vehicle, is manifestly in a state of intoxication, or,

being in such a state, causes any annoyance or

disturbance, or is in possession of firearms, or refuses

to quit any wine and spirit shop, inn, tavern or

lodging-house, or attempts to enter any passenger boat

or vessel or other vehicle, or refuses to quit such boat,

vessel or other vehicle notwithstanding the warning of

the person in charge thereof not to enter into or to quit

such boat, vessel or other vehicle;

(gg) except in the cases specially provided for in this Code

or in any other law, performs any act without a licence

from the competent authority, when such licence is

required by any law or by any regulation made by the

competent authority thereunder;

(hh) in any case not otherwise provided for in this Code or

in any other law, with intent to mislead the authorities,

lays before such authorities any genuine act, affidavit

or certificate, falsely representing the same as

referring to himself, or to any other person;

(ii) except as is allowed by law, and unless any other law

provides for a higher punishment for the offence,

makes or attempts to make or is in any way concerned

in the making of any bet or wager including a bet or

wager connected with any game, sport or event

occurring in Malta or elsewhere; or who is present in

any place while such betting or wagering is taking

place;

(jj) in any place, importunes any person to advertise, or to

make such person acquire, any service, product,

property or property rights whatsoever;

(kk) being a person over fifteen years of age, uses at any

children’s playground open to the public any playing

equipment or similar facilities therein;

(ll) when ordered by a court or bound by contract to allow

access to a child in his or her custody, refuses without

just cause to give such access;

(mm) uses gas canons or any other equipment that works

manually or automatically, to produce noises, mainly

intended to keep away animals from fields or other

open spaces

Provided that in such a case, besides awarding

punishment, the Court shall also order the removal of

the equipment.

Sub-title II

O F C ONTRAVENTIONS AGAINST THE P ERSON

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 339 Contraventions against the person. — CRIMINAL CODE Open official source

(1) Every person is guilty of a contravention against the

person who -

(a) challenges another to fight with stones;

(b) without inflicting any wound or blow, threatens others

with stones or other hard substances, or throws the

same, or takes up any other weapon against any

person;

(c) throws stones or other hard substances at the terraces,

roofs, windows, doors, courtyards, lamps or walls of

houses of other persons, or of any other building; or

knocks at the door, or rings the bell of any other

person’s house or building;

(d) attempts to use force against any person with intent to

insult, annoy or hurt such person or others, unless the

fact constitutes some other offence under any other

provision of this Code;

(e) utters insults or threats not otherwise provided for in

this Code, or being provoked, carries his insult beyond

the limit warranted by the provocation;

(f)

through carelessness or want of caution throws water,

or other liquid, or filth upon any person;

(g) sets his dog at another person, or does not endeavour

to restrain the same, when molesting any person;

(h) being authorized to correct any other person, exceeds

the bounds of moderation

Provided that, for the avoidance of any doubt, corporal

punishment of any kind shall always be deemed to

exceed the bounds of moderation.

(i)

frightens or terrifies any other person, in a manner that

might cause harm to such person although it be done in

CRIMINAL CODE

jest;

(j)

being in duty bound to take care of children, or of

other persons incapable of taking care of themselves,

neglects to take the necessary care of such children or

persons;

(k) meeting in the street any abandoned or stray child,

does not convey such child or immediately report the

fact to the Executive Police, or does not otherwise

provide for the safety of the child;

(l)

pushes against any person in the street with the object

of hurting or insulting such person;

(m) throws any dirt or filth at the door or against the wall

of the house of any other person;

(n) annoys, vexes or scoffs at any imbecile, aged,

crippled, feeble or deformed person;

(o) even though without the intent of committing another

offence, enters into the dwelling-house of another

person, against the express warning of such person, or

without his knowledge, or under false pretences or by

any other deceit.

(2) In the cases referred to in sub-article (1)(d), (e), (l) and (o),

no proceedings shall be instituted except on the complaint of the

injured party.

(3) Paragraph (1)(e) insofar as it refers to the uttering of insults or

threats shall be interpreted to allow for the freedom of artistic expression

and in particular the said paragraph shall not hinder artistic, satirical,

comic or cultural expression, of any kind, which does not lead to

credible and realistic threats to the personal liberty or security of the

complainant or to his property.

Sub-title III

O F C ONTRAVENTIONS AGAINST P ROPERTY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 340 Contraventions against property. who - — CRIMINAL CODE Open official source

Every person is guilty of a contravention against property

(a) shoots doves or pigeons, other than wild doves or

pigeons, belonging to any other person;

(b) in any field belonging to any other person, plucks or

eats the fruit or other produce of such field;

(c) on finding any property mislaid or lost by any other

person, fails, within three days, to give information

thereof to the Executive Police;

(d) commits any other violation of another person’s

property, to the prejudice of the owner or holder

thereof, not specified in the preceding paragraphs of

this article, nor otherwise provided for in this Code.

Title II

O F THE P UNISHMENTS FOR C ONTRAVENTIONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 341 Discretion of court in the application of the punishments for contraventions. — CRIMINAL CODE Open official source

In any case in which the punishments established for

contraventions are to be applied, the court may, according to

circumstances, apply such punishments, either severally or

cumulatively.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 342 Minimum punishment for blasphemous words. — CRIMINAL CODE Open official source

In respect of the contravention under article 338(bb),

where the act consists in uttering blasphemous words or

expressions, the minimum punishment to be awarded shall in no

case be less than a fine (ammenda) of eleven euro and sixty-five cents

(€11.65) and the maximum punishment may be imprisonment for a

term of three months - saving always the provisions of Title IV of

Part II of Book First.

2007.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 343 Disqualification on conviction under article 340 (a). — CRIMINAL CODE Open official source

On conviction for a contravention under article 340(a), the

court shall, besides awarding punishment, order the offender to be

disqualified from holding or obtaining a licence to carry a firearm

of the class or description used in the commission of the

contravention (including any airgun) for a period of twelve months.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 344 Forfeiture of articles in certain contraventions. — CRIMINAL CODE Open official source

It shall be lawful to seize and confiscate -

(a) Repealed by: X.1998.52.

(b) the ladders, iron bars, weapons and instruments

mentioned in article 338 (p);

(c) any money found on any person committing an offence

under article 338(ii).

G ENERAL P ROVISION

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 345 Particular laws and regulations. — CRIMINAL CODE Open official source

In any matter not provided for in this Code, and which

forms the subject of any parti cular law or regulati on, such

particular law or regulation shall apply.

BOOK SECOND

LAWS OF CRIMINAL PROCEDURE

PART I

CRIMINAL CODE

OF THE AUTHORITIES TO WHICH THE ADMINISTRATION

OF CRIMINAL JUSTICE IS ENTRUSTED

Title I

OF THE POWERS AND DUTIES OF THE ATTORNY GENERAL

AND THE EXECUTIVE POLICE IN RESPECT OF CRIMINAL

PROSECUTIONS

GENERAL

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 346 Duties of the Police. — CRIMINAL CODE Open official source

(1) It is the duty of the Police to preserve public order

and peace, to prevent and to detect and investigate offences, to

collect evidence, whether against or in favour of the person

suspected of having committed that offence, and to bring the

offenders, whether principals or accomplices, before the judicial

authorities.

(2) Notwithstanding the generality of sub-article (1), where

authorised by law and in the manner so provided, the Police may

d e l ay i t s i m m e d i a t e i n t e r v e n t i o n f o r t h e p r e v e n t i o n o f t h e

commission of an offence.

(3) In the carrying out of their duties, the Police shall take all

measures necessary for the immediate protection of victims following

an assessment as the case may be.

(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.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 347 — KODIĊI KRIMINALI Open official source

Il-Pulizija ma timxix ħlief b’talba tal-parti privata fil-

każijiet li fihom il-liġi ma tagħtix li l-azzjoni titmexxa mingħajr dik

it-talba.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 347A Powers of the Attorney General. — CRIMINAL CODE Open official source

Without prejudice to the provisions of sub-articles (1), (2)

and (3) of article 346, the Attorney General shall have the following

functions and powers

(a) to delegate to the Commissioner of Police

prosecutorial functions vested in the Attorney General;

and

(b) notwithstanding anything provided in any other law,

and in his discretion, to prosecute any offence, alone

or together with the Executive Police or together with

any other authority having prosecution powers.".

347. The Police shall not institute criminal proceedings, except

on the complaint of the injured party, in cases where the law does

not allow criminal proceedings to be instituted without such

complaint.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 348 Tendering of assistance when required by head of household. — CRIMINAL CODE Open official source

Where the head of any household requires an officer of the

Police to proceed to such house in order to ascertain any offence

which has been committed or to secure the evidence relating

thereto, the officer shall proceed thither with all convenient speed

taking with him witnesses where practicable.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 349 Powers according to law. — CRIMINAL CODE Open official source

(1) A police officer shall only have such powers as are

vested in him by law and to the extent authorised by law and in this

provision the word law has the same meaning assigned to it in

article 124 of the Constitution.

(2) The omission of any precaution, formality or requirement

prescribed under this Title shall be no bar to proving, at the trial, in

any manner allowed by law, the facts to which such precaution,

formality or requirement relates.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 350 Definitions. — CRIMINAL CODE Open official source

(1) In this Title, and subject to the provisions of sub-

article (2)

"appropriate consent" means -

(a) in relation to a person who has attained the age of

eighteen years, the consent of that person;

(b) in relation to a person who has not attained the age of

eighteen years but has attained the age of fourteen

years, the consent of that person and the consent of his

parent or guardian;

(c) in relation to a person who has not attained the age of

fourteen years, the consent of his parent or guardian;

"Attorney General" shall have the same meaning as assigned to it

in article 2 of the Attorney General Ordinance and includes the

Deputy Attorney General and other officers of the Attorney

General.

"designated police station" means a police station designated by

the Minister responsible for the Police by a notice published in the

Gazette;

"excluded material" means

(a) personal records acquired or created by a person in the

course of any trade, business, profession or other

occupation, or for purposes of any paid or unpaid

office and which he holds in confidence;

(b) human tissue or tissue fluid which has been taken for

the purpose of diagnosis or medical treatment and

which a person holds in confidence;

CRIMINAL CODE

(c) journalistic material

which

a

person

holds

in

confidence;

"intimate sample" means a sample of blood, semen or any other

tissue fluid, or pubic hair, and includes a swab taken from a

person’s body orifice other than the mouth;

"intimate search" means a search which consists of the physical

examination of a person’s body orifices other than the mouth;

"items subject to legal privilege" means any communication

between a professional legal adviser and his client or any person

representing his client and any document or record enclosed with or

referred to in such communication and made in connection with the

giving of legal advice or in connection with or in contemplation of

legal proceedings and for the purposes of such proceedings, but the

expression does not include items held with the intention of

furthering a criminal purpose;

"journalistic material" means material in the possession of a

person who acquired or created it for the purposes of journalism

and a person who receives material from someone who intends that

the recipient shall use it for the purposes of journalism is to be

taken to have acquired it for those purposes;

"non-intimate sample" includes -

(a) a sample of hair other than pubic hair;

(b) a sample taken from a nail or from under a nail;

(c) a swab taken from any part of a person’s body

including the mouth but not any other body orifice;

(d) urine or saliva;

(e) a footprint or a similar impression of any part of a

person’s body other than a part of his hand;

(f)

a voice sample;

"personal records" means documentary and other records

concerning an individual (whether living or dead) who can be

identified from them and relating -

(a) to his physical or mental health; or

(b) to spiritual counselling or assistance given or to be

given to him; or

(c) to counselling or assistance given or to be given to

him, for the purposes of his personal welfare, by any

voluntary organisation or by any individual who by

reason of his office or occupation has responsibilities

for his personal welfare or by reason of an order of a

court has responsibilities for his supervision;

"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.

(2)

For the purpose of this article

(a) a person holds journalistic material in confidence if -

(i)

he holds it subject to such an undertaking,

restriction or obligation; and

(ii) it has been continuously held (by one or more

persons) subject to such an undertaking,

restriction or obligation since it was first

acquired or created for the purposes of

journalism;

(b) a person holds material other than journalistic material

in confidence if he holds it subject -

(i)

to an express or implied undertaking to hold it in

confidence; or

(ii) to a restriction on disclosure or an obligation of

secrecy contained in this Code or in any other

law.

Sub-title I

POWER TO STOP AND SEARCH

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 351 Power to stop and search. — CRIMINAL CODE Open official source

(1) A police officer may, in a public place, or in any place

to which the public is admitted, even against payment of an

entrance fee, search any person or vehicle, if he has a reasonable

suspicion that the search will discover the possession of things,

which are prohibited, stolen or acquired as the result of any offence

whatsoever, or which may be used or may have been used in the

commission of an offence or which may serve in the investigation

of an offence.

2007. (2) For the purposes of sub-article (1), the Police may stop a

person or a vehicle until the search is performed and shall seize any

thing discovered during the search and the possession of which is

prohibited or which may be connected with an offence.

(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.

(3) Pursuant to and for the purposes of the Convention of the

19th June, 1990 implementing the Schengen Agreement of the 14th

June, 1985 an offence under this article shall be deemed to be an

offence even when committed outside Malta.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 352 Warrant. — CRIMINAL CODE Open official source

Where the search to be performed is required in an

unattended vehicle and it is not possible to obtain the attendance of

its registered owner, then a police officer may only carry out the

search if he has a warrant from a superior officer not below the

rank of an inspector.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 353 Limitation as to search, etc. — CRIMINAL CODE Open official source

Except in urgent cases and when a person is apprehended

in flagrante delicto nothing in this Title authorises the search of a

person by a police officer of the opposite sex, or that a search be

conducted by a police officer not in uniform unless clearly

identified by the production of a police identity card.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 354 Report on search. — CRIMINAL CODE Open official source

Anything seized as a result of a search under the preceding

articles of this title shall be preserved and the Police carrying out

the search shall draw up a report stating all the particulars of the

search and including a detailed list of the things so seized.

Sub-title II

ROAD CHECKS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355 Conditions for road checks. — CRIMINAL CODE Open official source

The Police may organise a road check where there are

reasonable grounds for believing that a check on vehicles in or

passing through a locality may lead to -

(a) the arrest of a person who has committed or is

reasonably suspected of having committed or of being

about to commit a serious crime or

(b) the discovery of anything the possession of which is

prohibited or restricted by law or which is connected

in any way whatsoever with the commission of a

serious crime or which is evidence of any such crime;

or

(c) the arrest of any person whose arrest has been ordered

by a court or any other lawful authority or who is

otherwise unlawfully at large; or

(d) the ascertainment that a person is not abiding by a

condition lawfully imposed on him by a court; or

(e) the ascertainment of violations of any law regarding

motor vehicles or traffic regulation; or

(f)

the arrest, or ascertainment of whereabouts, of a

person in respect of whom an alert has been entered in

the Schengen Information System; or

(g) the discovery of any property in respect of which an

alert has been entered in the Schengen Information

System; or

(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

Provided that for the purposes of this article "serious crime"

means any crime liable to the punishment of imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355A Exercise of road check. — CRIMINAL CODE Open official source

(1) For the duration of the road check the Police may stop

all or any vehicles passing through or in the locality where the road

check is being organised.

(2) Where a vehicle has been stopped in pursuance of the

provisions of this Sub-title that vehicle may be searched by the

Police.

(3) When any vehicle is stopped in accordance with the provisions

of this Sub-title and without the requirement of reasonable suspicion,

any person who was driving or attempting to drive or who is in control

of a motor vehicle or other vehicle on a road or other public place may

be required to give a breath sample for alcohol or to give a sample of

oral fluid for a drug test.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355B Authorisation. — CRIMINAL CODE Open official source

A road check under this Sub-title may only be organised

upon an authorisation in writing by a police officer not below the

rank of Inspector unless the matter admits of no delay in which case

such authorisation may be given orally by a police officer not

below the rank of sergeant and reduced to writing as soon as

practicable.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355C Evidence of other offences. — CRIMINAL CODE Open official source

Notwithstanding anything contained in the preceding

articles of this Sub-title, where in the course of a road check,

evidence is found of the commission of an offence other than that

in respect of which the road check was organised, the Police shall

also be entitled to investigate such offence and where appropriate

to institute proceedings for that offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355D Saving of other laws. — CRIMINAL CODE Open official source

The provisions of this Sub-title shall be without prejudice

to any power vested in the Police by any other law to stop vehicles

for purposes other than those mentioned in this Sub-title.

Sub-title III

POWERS OF ENTRY, SEARCH AND

SEIZURE UNDER WARRANT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355E Conditions for search of premises, etc. — CRIMINAL CODE Open official source

(1) Saving the cases where the law provides otherwise,

no police officer shall, without a warrant from a Magistrate, enter

any premises, house, building or enclosure for the purpose of

effecting any search therein or arresting any person who has

committed or is reasonably suspected of having committed or of

being about to commit any offence unless -

(a) the offence is a crime and there is imminent danger

that the said person may escape or that the corpus

delicti or the means of proving the offence will be

suppressed; or

(b) the person is detected in the very act of committing a

CRIMINAL CODE

crime; or

(c) the intervention of the Police is necessary in order to

prevent the commission of a crime; or

(d) the entry is necessary for the execution of any warrant

or order issued by any other competent authority in the

cases prescribed by law; or

(e) the arrest is for the purpose of apprehending a person

who is unlawfully at large after escaping from lawful

arrest or detention; or

(f)

the entry is necessary for purposes of

(i)

executing the arrest, or ascertaining the

whereabouts, of a person in respect of whom an

alert has been entered in the Schengen

Information System and there is an imminent

danger that the said person may escape; or

(ii) discovering any property in respect of which an

alert has been entered in the Schengen

Information System and there is an imminent

danger that the property may be concealed, lost,

damaged, altered or destroyed; or

(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.

(2) The expression "enclosure" does not include any plot of

land enclosed by rubble walls.

(3) A warrant may also be issued by a Magistrate as mentioned

in sub-article (1) for the purpose of

(a) effecting the arrest or ascertaining the whereabouts of

a person in respect of whom an alert has been entered

in the Schengen Information System; or

(b) discovering and seizing any property in respect of

which an alert has been entered in the Schengen

Information System.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355F Subsidiary powers of Police in execution of warrants. — CRIMINAL CODE Open official source

In cases where a police officer is empowered to enter into

any of the places mentioned in the last preceding article, it shall be

lawful for such officer to open or break any door or window, if,

after giving notice of his office and object, he cannot otherwise

obtain entry.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355G Scope of search and of search warrant. — CRIMINAL CODE Open official source

(1) Any entry and search warrant issued under this Sub-

title and any search or seizure made under the provisions of this

Sub-title shall not extend to legal privilege or to any excluded

material.

(2) An entry and search warrant issued under this Sub-title

shall be deemed to have been granted to the police officer or

officers executing it.

(3) Without prejudice to the right of obtaining a new warrant

for the same purpose, an entry and search warrant may not be

executed after the lapse of one (1) month from the date of issue.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355H Times for execution of warrant. — CRIMINAL CODE Open official source

No warrant of entry and search may be executed after

sunset unless the Magistrate has otherwise authorised in the

warrant, or unless the executing Police officer has reasonable cause

to believe that the purpose of the entry and search will be frustrated

if the execution of the warrant is delayed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355I Copy of warrant to person. — CRIMINAL CODE Open official source

The executing officer shall hand over a copy of the warrant

to the person occupying and present at the place searched or to any

other person who appears to the said officer to be in charge of the

same place and who happens to be present during the search. If

there is no person present who appears to the executing officer to

be in charge of the premises the copy of the warrant shall be left in

an easily visible place on the premises.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355J Limitation. — CRIMINAL CODE Open official source

A search under a warrant may only be a search to the

extent required for the purpose for which the warrant was issued

Provided that if, in the course of the search, offences other

t h a n t h e o ff e n c e o r o ff e n c e s m e n t i o n e d i n t h e w a r r a n t a r e

discovered, the search may extend to the extent required for the

purposes of such other offences.

Sub-title IV

POWERS OF ENTRY AND SEARCH WITHOUT WARRANT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355K Cases admitting of no delay. — CRIMINAL CODE Open official source

Any police officer may enter and search without a warrant

any premises, house, building or enclosure in the circumstances

laid down in article 355E(1)(a) to (e).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355L Entry and search after arrest. — CRIMINAL CODE Open official source

(1) The Police have the power to enter and search any

premises, house, building or enclosure used, occupied or

controlled, even temporarily, by a person who is under arrest, if

they have reasonable grounds for suspecting that there is evidence,

other than items subject to legal privilege, that relates to the

offence or a connected offence, and such search shall be limited to

the extent that is reasonably necessary for discovering such

evidence

Provided that if offences other than the offence or offences

for which the person was arrested are discovered in the course of

the search then the search may extend to the extent required for the

purposes of such other offences.

(2) Without prejudice to the provisions of Sub-title V, the

Police may in the course of a search carried out in pursuance of the

provisions of sub-article (1) seize and retain anything not subject to

legal privilege and which constitutes relevant evidence for the

purpose of any offence mentioned in the same sub-article.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355M Limitation. — CRIMINAL CODE Open official source

(1) The powers mentioned in article 355L may be

exercised by a police officer not below the rank of inspector or by

officers of a lower rank if so authorised in writing by an officer not

below the rank of inspector.

(2) Where the police officers on the scene are all below the

rank of inspector and the matter admits of no delay and the person

occupying or in control of the premises is present and his presence

is necessary for the effective investigation of the offence, the said

police officers may proceed to enter and search the premises

without the authorisation in writing referred to in sub-article (1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355N Report by officer. — CRIMINAL CODE Open official source

A police officer who has exercised any of the powers

mentioned in articles 355K and 355L shall, as soon as practicable,

draw up a report of the entry and search without warrant, stating the

grounds for which it was exercised, and describing the results of

the search.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355O Connection of offences. — CRIMINAL CODE Open official source

For the purposes of this Sub-title there is connection

between offences when -

(a) the facts of the offences are substantially the same; or

(b) an offence has served as a means for the commission

of another offence; or

(c) the proof of an offence or of a circumstance thereof

has a bearing on the proof of another offence or of a

circumstance thereof.

Sub-title V

SEIZURE AND RETENTION

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355P General rules of seizure. — CRIMINAL CODE Open official source

The Police, when lawfully on any premises, may seize

anything which is on the premises if they have reasonable grounds

for believing that it has been obtained in consequence of the

commission of an offence or that it is evidence in relation to an

offence or it is the subject of an alert in the Schengen Information

2007. System and that it is necessary to seize it to prevent it being

concealed, lost, damaged, altered or destroyed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355Q Computer data. — CRIMINAL CODE Open official source

The Police may, in addition to the power of seizing a

computer machine, require any information which is contained in a

computer to be delivered in a form in which it can be taken away

and in which it is visible and legible.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355R Receipt for thing seized. — CRIMINAL CODE Open official source

The Police shall always issue to the person on the

premises or in control of the thing seized a receipt for anything

seized and on request by any such person, the Police shall, against

payment and within a reasonable time, supply to him photographs,

or a film, video recording or electronic image or copies of the thing

seized, unless the investigating officer has reasonable grounds for

believing that this would be prejudicial to the investigation or to

any criminal proceedings that may be instituted as a result thereof.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355S Retention. — CRIMINAL CODE Open official source

(1) Anything which has been lawfully seized by the

Police may be retained so long as is necessary in all the

circumstances.

(2) Without prejudice to the generality of the aforesaid,

anything lawfully seized by the Police under this Code may be

retained for use as evidence at the trial or for forensic examination

or any other aspect of the investigation, or in order to establish the

thing’s lawful owner.

(3) The Commissioner shall provide for the proper custody of

anything seized.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355T Restitution to owner. — CRIMINAL CODE Open official source

A person who is the rightful owner of a thing seized and

retained may, unless criminal proceedings in the course of which

the thing seized has been exhibited or is to be exhibited are pending

before any court, make an application to a Magistrate for its

restitution, and the Magistrate may, after hearing the Police, by a

decree order its release either unconditionally, or under such

conditions as may be necessary to preserve the evidential aspects of

the thing.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355U Photographs. — CRIMINAL CODE Open official source

Unless a thing is liable to forfeiture, nothing shall be

retained if a photograph, film, video recording or electronic image

or a copy of the thing would be sufficient

Provided that before releasing the thing the Police may,

where they deem so necessary, apply to a Magistrate for a repertus

to be drawn up and the provisions of Title II of Part II of Book

Second of this Code shall apply.

Sub-title VI

POWERS OF ARREST AND DETENTION

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355V Arrest under warrant. — CRIMINAL CODE Open official source

Where there are lawful grounds for the arrest of a person,

the Police may request a warrant of arrest from a Magistrate, unless

in accordance with any provision of law the arrest in question may

be made without a warrant.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355W Arrest by private persons. — CRIMINAL CODE Open official source

(1) Any person not being a police officer may arrest

without warrant anyone who is in the act of committing or has just

committed any crime concerning sexual offences, any crime of

wilful homicide or bodily harm, or any crime of theft or of wilful

unlawful entry or damage to property.

(2) The person making any arrest under sub-article (1) shall

without delay inform the Police of the fact of the arrest and shall

exercise such power only until it is strictly necessary for the Police

to take over the person arrested.

CRIMINAL CODE

355X.(1) Any police officer may arrest without warrant anyone

who is in the act of committing or has just committed a crime

punishable with imprisonment, or whom he reasonably suspects to

be about to commit or of having just committed such a crime.

(2) Any police officer may also proceed to the arrest of any

person in respect of whom an alert for his arrest has been entered in

the Schengen Information System.

(3) Any police officer may also proceed to the arrest of any

person who knowingly, or after due warning, obstructs or disturbs

him in the execution of his duties, or disobeys his lawful orders.

(4) The powers mentioned in sub-articles (1), (2) and (3) shall

only be exercised until it is strictly necessary for the police officer

to convey the person arrested to a police station and deliver him to

a superior officer not below the rank of sergeant.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 355X Arrest mill- Pulizija mingħajr mandat. Miżjud: III.2002.74. Emendat: — KODIĊI KRIMINALI Open official source

(1) Kull uffiċjal tal-Pulizija jista’ jarresta mingħajr

mandat lil persuna li tkun fl-att ta’ għemil jew li tkun għadha kemm

għamlet delitt punibbli bi priġunerija, jew li jkollu suspett

raġonevoli fiha li qegħda biex tagħmel jew li tkun għadha kif

għamlet xi delitt.

(2) Kull uffiċjal tal-pulizija jista’ wkoll jarresta lil xi persuna li

dwarha jkun ingħata allert għall-arrest tagħha taħt is-Sistema ta’

Informazzjoni ta’ Schengen.

(3) Kull uffiċjal tal-Pulizija jista’ wkoll jgħaddi biex jarresta lil

xi persuna li xjentement, jew wara twissija xierqa, tostakolah jew

ittellfu fl-esekuzzjoni ta’ dmirijietu, jew ma tobdix l-ordnijiet

leġittimi tiegħu.

(4) Is-setgħat imsemmija fis-subartikoli (1), (2) u (3)

għandhom ikunu biss eżerċitati sakemm ikunu għalkollox meħtieġa

għall-uffiċjal tal-Pulizija biex jieħu l-persuna arrestata f ’Għassa

tal-Pulizija u jikkonsenjaha lil uffiċjal superjuri mhux anqas mill-

grad ta’ surġent.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355XX Detention without warrant under Schengen Information System. — CRIMINAL CODE Open official source

Any police officer may detain without warrant any

person who is indicated in an alert in the Schengen Information

System as a missing person or a person who, for his own protection

or in order to prevent threats, needs temporarily to be placed under

police protection.

2007.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355Y Arrest for minor offences. — CRIMINAL CODE Open official source

(1) In the case of contraventions, or of crimes not subject

to the punishment of imprisonment, it shall be lawful for the Police

to proceed to the arrest of any person without a warrant, provided

that -

(a) the person be detected in the very act of committing

the offence; or

(b) the arrest be necessary to prevent the commission of

an offence in respect of which the Police may institute

criminal proceedings without the complaint of the

injured party; and

(c) in either of the cases mentioned in paragraphs (a) or

(b) one of the conditions mentioned in article 355Z is

satisfied.

(2) A person shall be deemed to be detected in the very act of

com mi ttin g an o ffen ce, if he i s cau ght, eith er in the act of

committing the offence, or while being pursued by the injured party

or by the public hue and cry.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 355Z General arrest conditions. — CRIMINAL CODE Open official source

The general arrest conditions are -

(a) that the identity of the person is unknown or cannot be

readily ascertained by the police officer; or

(b) there is a doubt whether the particulars furnished by

the person are true; or

(c) that the person has not furnished a satisfactory address

for service, or there are doubts about whether the

address provided is satisfactory for service, or that at

least some other person may according to law receive

service on his behalf at the address given; or

(d) that the arrest is necessary to prevent the person -

(i)

causing physical harm to himself or to any other

person; or

(ii) suffering physical injury; or

(iii) causing loss or damage to property; or

(iv) committing an offence against public decency;

or

(v) causing an unlawful obstruction on any public

road; or

(e) that the police officer has reasonable grounds for

believing that the arrest is necessary to protect a child

or any other vulnerable person.

355AB. The officer or any other person authorised by law

making an arrest shall not use any harshness, bond or other means

of restraint unless indispensably required to secure, or rendered

necessary by the insubordination of the person arrested.

355AC. (1) When a person is arrested, the arrest is not lawful

unless the person arrested is informed that he is under arrest, even

though the arrest may be obvious.

(2) The arrest is not lawful unless the person arrested is

informed at the time of his arrest or detention, in a language that he

understands, of the reasons for his arrest or detention

Provided that if an interpreter is necessary and is not

readily available or if it is otherwise impracticable to comply with

the provisions of this sub-article at the time of the person’s arrest or

detention, such provisions shall be complied with as soon as

practicable

Provided further that, in any case, where the arrest is made

by a private person under the provisions of article 355V the giving

of the information may be delayed until the person arrested is taken

over by the Police.

355AD. (1) Where, in the course of an investigation, a person

attends voluntarily at, or accompanies a police officer to, a police

station or office, that person shall be free to leave at any time,

unless and until he is informed that he is under arrest.

(2) Where an inspector of Police has a reasonable suspicion

that the person who attended voluntarily at the police station or

office may have committed an offence subject to imprisonment, he

may arrest such person forthwith without warrant and inform him

accordingly. The time of the arrest shall be immediately recorded

and immediate notice thereof shall be given to a Magistrate.

(3) The Police may, orally or by a notice in writing, require any

person to attend at the police station or other place indicated by

them to give such information and to produce such documents as

the Police may require and if that person so attends at the police

station or place indicated to him he shall be deemed to have

attended that police station or other place voluntarily. The written

notice referred to in this sub-article shall contain a warning of the

CRIMINAL CODE

consequences of failure to comply, as are mentioned in sub-article

(5).

(4) Any person who is considered by the police to be in

possession of any information or document relevant to any

investigation has a legal obligation to comply with a request from

the police to attend at a police station to give as required any such

information or document

Provided that no person is bound to supply any information

or document which tends to incriminate him.

(5) A person who fails to comply with a notice in writing as is

referred to in sub-article (3) or who fails, upon being so requested,

even if only orally, to accompany voluntarily a police officer to a

police station or other place indicated by the police officer for any

purpose mentioned in the said sub-article (3) shall be guilty of a

contravention punishable with detention and shall be liable to be

arrested immediately under warrant.

(6) The notice mentioned in sub-article (3) may be served with

urgency in cases where the interests of justice so require.

(7) A person who attends voluntarily as mentioned in sub-

article (3) may be kept apart from any other person, but shall not be

kept in any place normally used for the detention of arrested

persons.

355AE. (1) When a police officer arrests a person at a place

other than a police station the arrested person shall be taken to the

nearest police station and where the arresting officer is an officer

below the rank of inspector he shall forthwith report the arrest to an

officer not below the rank of inspector. In any case the inspector or

officer in charge of that police station shall also be informed.

(2) Where there are grounds for the continuation of the arrest

the person arrested shall be taken to a designated police station as

soon as practicable and in no case later than six hours from the time

of the arrest.

(3) The taking of an arrested person to a police station in

accordance with the foregoing provisions of this article may be

delayed if that person’s presence is required elsewhere for the

purpose of any investigation which may be necessary.

(4) Where a person is released following arrest the police

officer ordering release shall record in writing the fact stating

reasons.

355AF. (1) A police officer may immediately search the person

arrested

(a) if the police officer has reasonable grounds for

believing that the arrested person may present a danger

to himself or others; or

(b) for anything which the arrested person might use to

assist him to escape from custody; or

(c) for anything which might be evidence related to an

offence.

(2) The provisions of article 353 of this Code shall apply to

searches under this article.

Sub-title VII

WARRANTS

355AG. (1) Saving the provisions of article 666, it is the duty of

the Police to execute any warrant or order of arrest or search that

may, in the cases prescribed by law, be issued or given by any other

competent authority.

(2) Any such warrant or order shall set forth the nature of the

offence, the name of the person, if known, by whom the offence is

alleged to have been committed and, in the case of a search

warrant, it shall indicate the place where the search is to be carried

out.

(3) Once a warrant or order of arrest or search has been issued

any police officer may execute the warrant or order.

355AH. (1) Whenever according to law the carrying out of an act

by the police requires the issue of a warrant by a Magistrate a

police officer may apply in person to a Magistrate requesting the

issue of the appropriate warrant stating the grounds for the request

and giving the Magistrate all such information that will enable the

Magistrate to decide on the request. Before deciding whether to

issue the warrant the Magistrate may require the police officer to

confirm on oath the information supplied by him and the warrant

shall only be issued upon the Magistrate being satisfied that

sufficient grounds for the issue of the warrant exist.

(2) In cases of urgency, the request for the issue of the warrant

and the warrant may be communicated even by facsimile

Provided that, as soon as practicable, the original warrant

shall be delivered for record purposes.

(3) Any warrant issued by a Magistrate shall be issued in

favour of the Commissioner of Police and may be executed by any

police officer.

(4) Whenever a police officer requests the issue of a warrant of

arrest or search from a Magistrate in accordance with the

provisions of this Code and the Magistrate refuses to issue the

warrant the Police may request the issue of the same warrant from a

Judge who ordinarily sits in the Criminal Court.

355AI. Except in the case of a warrant transmitted by facsimile,

any warrant shall be drawn upon in three signed copies one of

which shall be retained by the Magistrate while the others shall be

delivered to the police officer who shall retain one copy for his

records and shall cause the other one to be served on the person

CRIMINAL CODE

entitled to be served with it

Provided that where a police officer comes upon a person

against whom a warrant of arrest has been issued and, although not

in possession of a copy of the warrant, the police officer knows that

the warrant has been so issued, the officer shall arrest that person

and shall serve him with the copy of the warrant at the first

opportunity.

355AJ. (1) Where any person is arrested, whether with or

without a warrant, the arresting police officer or his superior shall,

as soon as practicable and unless the person arrested has been

released within six hours from arrest, inform a Magistrate, giving

all details as to time and place where the person is being held.

(2) The Magistrate may order that the person arrested be

transferred to another place with immediate effect.

(3) Any person arrested in pursuance of any provision of this

Code and who has not been brought before a court within forty-

eight hours of his arrest shall be released.

(4) Notwithstanding the provisions of sub-article (3) where the

arresting police officer has sufficient reasons for believing that the

person arrested has committed a crime liable to a maximum

punishment exceeding twelve (12) years imprisonment and that the

continuation of the arrest of the person beyond forty-eight (48)

hours is necessary to obtain relevant evidence or to preserve

relevant evidence, the arresting officer may by means of an

application confirmed on oath and supported by information

request a Magistrate to issue a warrant authorising the keeping of

the person arrested under further detention

Provided that for the purposes of this sub-article

"arresting police officer" and "arresting officer" mean a police

officer in the grade of Inspector or higher who is in charge of the

investigation of the person arrested;

"a crime liable to a maximum punishment exceeding twelve (12)

years imprisonment" means a crime liable to a maximum

punishment exceeding twelve (12) years imprisonment without

considering any increase in punishment due to concurrent crimes

and punishments, aggravating circumstances, aggravation of the

punishment, any previous conviction or the continuous nature of

the crime;

"information" means information about

(a) the time of arrest and the nature of the crime for which the

person under arrest has been arrested;

(b) the evidence on which that person was arrested; and

(c) the special reasons for believing the continued

detention of that person to be necessary.

(5) A Magistrate shall not accede to a request filed in

accordance with sub-article (4) unless

(a) the person arrested has been furnished with the

information and has been brought before the

Magistrate for a hearing; and

(b) the Magistrate is satisfied that the investigation is

being conducted diligently and expeditiously.

(6) An application for a warrant in accordance with sub-article

(4) may be made at any time before the expiry of the first thirty-six

(36) hours from the time of arrest if the person is still under arrest.

(7) Where upon an application in accordance with sub-article

(4) the Magistrate is not satisfied that there are sufficient reasons to

believe that the further detention of the person arrested beyond

forty-eight (48) hours is justified he may refuse the application or

adjourn the hearing until a time not later than forty-eight (48) hours

from the time of the arrest.

(8) Where the Magistrate is satisfied that there are sufficient

reasons to believe that the further detention of the person arrested

is justified he shall issue a warrant of further detention for such

period not exceeding a further forty-eight (48) hours as the

Magistrate deems fit.

(9) A person released after a warrant for further detention is

issued or has expired in his respect, shall not be re-arrested without

a warrant to be issued by a Magistrate for the offence for which he

was previously arrested unless, since the person’s release, fresh

evidence has been discovered or an examination or analysis of

existing evidence has been made which could not reasonably have

been made before his release.

(10) (a) At the hearing held for the purposes of sub-article (4), the

person under arrest shall have the right to be assisted by an advocate or

by a legal procurator and that hearing shall

(i)

be held with closed doors;

(ii)

be subject to such orders as the Magistrate may

give to all persons present at the said hearing for

the purpose of protecting the confidentiality of

information on the investigation;

(iii) be held summarily in such manner that, in all,

the period of the first forty-eight (48) hours

provided in sub-article (3) is not exceeded;

(iv) end with the decree of the Magistrate which

shall be delivered at the end of the hearing.

(b) The decision of the Magistrate given in accordance

with this sub-article shall not be subject to appeal and

shall be executable forthwith.

355AK. Any order of a competent authority touching on the

rights of the individual arising from the provisions of this Sub-title

shall be carried out without delay, and for such purpose may be

c o m m u n i c a t e d ev e n b y f a c s i m i l e o r t e l e p h o n e , u n d e r s u c h

conditions as to guarantee its authenticity.

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Sub-title VIII

DETENTION

355AL. (1) It shall be duty of the custody officer to order the

immediate release from custody of any person in police detention

in the circumstances mentioned in article 355AJ(3) or where the

custody officer becomes aware that the grounds for the detention of

that person have ceased to apply and there are no other lawful

grounds on which the continued detention of that person could be

justified.

(2) Before ordering the release from custody of a person under

sub-article (1) the custody officer shall inform the investigating

officer and a Magistrate and the final decision shall be taken by the

Magistrate.

(3) A person whose release is ordered under the provisions of

sub-article (1) shall be released unconditionally unless it appears to

the custody officer -

(a) that there is need for further investigation of any

matter in connection with which he was detained at

any time during the period of his detention; or

(b) that proceedings may be taken against him in respect

of such matter,

and if it so appears, he shall be released subject to the conditions,

reduced to writing and signed by the person to be released, that he

will not attempt or do anything to leave Malta without the authority

of the investigating officer under whose authority he was arrested

and that he will attend at such police station at such time as the

custody officer may appoint and, or that he will attend before the

Court of Magistrates at such time and such place as the court may

appoint.

(4) Where a custody officer has granted bail to a person subject

to a duty not to attempt or do anything to leave Malta without

authority or to appear at a police station, the custody officer may

give notice in writing to that person that the condition not to

attempt or do anything to leave Malta without authority no longer

applied or that his attendance at the police station is not required.

(5) Any person who fails to comply with any condition

imposed upon him upon his release as provided in sub-article (3)

shall be guilty of a contravention.

(6) A police officer may arrest without a warrant any person

who, having been conditionally released under sub-article (3)

subject to a duty not to attempt or do anything to leave Malta

without authority or to attend a police station or subject to a duty to

appear before the Court of Magistrates, attempts or does anything

to leave Malta without authority or fails to attend at that police

station or before the Court of Magistrates at the time appointed for

him to do so.

(7) For the purposes of this Sub-title a person who returns to a

police station to answer to bail or is arrested under sub-article (6)

shall be treated as arrested for the offence under sub-article (5) and

for the offence in connection with which he was granted bail and

the provisions of this article shall apply to such person.

(8) The conditions made under sub-article (3) shall not remain

in force for more than three months from the date on which they

were imposed unless they are renewed by a Magistrate for further

periods of three months each period upon an application by the

Police which shall be served for his reply upon the person on whom

the conditions were imposed.

(9) At any time during which the conditions made under sub-

article (3) are in force the person on whom those conditions were

imposed may by an application to be served on the Police for a

reply request a Magistrate that those conditions be removed or

modified.

(10) The Minister may issue guidelines to be followed by

custody officers in the exercise of their discretion to impose

conditions under sub-article (3).

355AM. (1) At every designated place of detention the

Commissioner shall appoint one or more custody officers not below

the rank of sergeant who, in matters of detention, shall comply with

any orders of a Magistrate.

(2) Any officer of any rank may perform the functions of a

custody officer at a designated place of detention if a custody

officer is not readily available to perform them.

(3) Where the custody officer who is called upon to carry out

any of his functions with respect to a person in police detention is,

at the time when the function falls to be performed, involved in the

investigation of an offence for which the person is in police

detention such function shall be carried out by another custody

officer or, if no such other custody officer is available, by the next

most senior police officer who happens to be available at the time.

(4) In this article and elsewhere in this Sub-title "designated

place of detention" means such place designated by the Minister

where a person may be detained for more than six hours.

355AN. The custody officer shall perform such functions as may

be assigned to him by this Code or by any other law.

355AO. Where an arrested person is taken to a police station

which is not a designated place of detention the functions in

relation to him which would otherwise fall to be performed by a

custody officer shall be performed

(a) by an officer not below the rank of sergeant who is not

involved in the investigation of an offence for which

the arrested person is in detention, if such an officer is

readily available; and

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(b) if no such officer is readily available, by the officer

who took the arrested person to the police station or by

the most senior police officer at the police station at

the time.

355AP. Where the arresting officer or the custody officer has a

reasonable suspicion that the person arrested may have concealed

on his person any drug the unlawful possession of which would

constitute a criminal offence or any other item which a custody

officer is authorised by this Code or by any other law to seize from

the possession of an arrested person, the said officer may request a

Magistrate to order an intimate search of the person arrested.

355AQ. (1) Upon a request for an order under article 355AP the

Magistrate shall appoint an expert to carry out the search under

such safeguards as he may consider necessary for the purpose of

decency and to report to him on his findings. A copy of the report

shall be communicated without delay to the arresting or custody

officer as the case may be.

(2) A person shall not be appointed an expert for the purpose of

carrying out an intimate search on a person of the opposite sex

unless the expert is a medical practitioner and the person to be

searched consents thereto in writing.

355AR. Anything found as a result of an intimate search under

the foregoing articles may be temporarily retained by the expert

and may subsequently be seized by order of the Magistrate, and a

receipt therefore shall be given to the detained person. The

Magistrate may authorise the delivery against receipt of anything

so seized to the police officer investigating the person intimately

searched.

Sub-title IX

RIGHT TO LEGAL ASSISTANCE AND OTHER RIGHTS

DURING DETENTION

355AS. (1) The suspect or accused person shall, at his request,

be allowed to consult a medical practitioner of his choice and, if

such medical practitioner is not readily available, any other medical

practitioner.

(2) Immediately upon arrest and without undue delay, the

Executive Police or any other law enforcement or judicial authority

shall inform the suspect or an arrested person of such a right.

(3) A record shall be kept that the suspect or accused person

has been duly informed of such right by the Executive Police or by

any other law enforcement or judicial authority.

(4) The words "the suspect" and "the accused person" in this

a r t i c l e h a v e t h e s a m e m e a n i ng a s s i g n e d t o t h e m b y a r t i c le

355AT(2).

355AT. (1) This Sub-title transposes the provisions of Directive

2013/48/EU of the European Parliament and of the Council of 22

October 2013 on the right of access to a lawyer in criminal

proceedings and in European arrest warrant proceedings, and on the

right to have a third party informed upon deprivation of liberty and

to communicate with third persons and with consular authorities

while deprived of liberty, published in the Official Journal of the

European Union on 6 November 2013 (L 294/1) and the provisions

of Directive 2016/1919/EU of the European Parliament and of the

Council of 26 October 2016 on legal aid for suspects and accused

persons in criminal proceedings and for requested persons in European

arrest warrant proceedings.

(2) This Sub-title lays down minimum rules concerning the

rights of

(a) the suspect (hereinafter in this Sub-title referred to as

"the suspect"), that is, a person who is detained or

arrested by the Executive Police or any other law

enforcement or judicial authority where such person

has not been charged before a court of justice of

criminal jurisdiction and who is being questioned by

the Executive Police or any other authority as

aforesaid in relation to any criminal offence;

(b) a person charged or accused of having committed a

criminal offence (hereinafter referred to in this Sub-

title as "the accused person");

(c) a person subject to proceedings pursuant to Council

Framework Decision of 13 June 2002 on the European

arrest warrant and the surrender procedures between

Member States (2002/584/JHA) published in the

Official Journal on 18 July 2002 (L 190/1), hereinafter

referred to as "the European arrest warrant

proceedings".

(3) The persons mentioned in sub-article (2) shall enjoy the

following rights

(a) to have access to a lawyer;

(b) to have a third party informed of the deprivation of

their liberty; and

(c) to communicate with third persons and with consular

authorities whilst deprived of their liberty.

(4) For the purpose of this Sub-title, the expression "lawyer"

means an advocate or a legal procurator who is authorised by law to

exercise that respective profession in terms of law.

(5) For the purpose of this Sub-title, the expression "legal aid"

means funding by the Minister, of the assistance of a lawyer, enabling

the exercise of the right of access to a lawyer.

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355AU. (1) This Sub-title applies to suspects or accused persons

in criminal proceedings from the time when they are made aware

by the Executive Police or by any other law enforcement or judicial

authority, by official notification or otherwise, that they are

suspected or accused of having committed a criminal offence, and

irrespective of whether they are deprived of liberty.

(2) This Sub-title applies until the conclusion of the

proceedings, which is understood to mean the final determination

of the question whether the suspect or the accused person has

committed an offence, including, where applicable, sentencing and

the resolution of any appeal.

(3) This Sub-title applies also to persons subject to European

arrest warrant proceedings in terms of Framework Decision 2002/

584/JHA referred to in article 355AT(2)(c) (hereinafter referred to

as "the requested persons") from the time of their arrest in

accordance with article 355AUJ.

(4) The provisions relating to legal aid under this Sub-title

shall apply

(a) to suspects and accused persons in criminal

proceedings who have a right of access to a lawyer

pursuant to this Sub-title and who are

(i)

deprived of liberty;

(ii) required to be assisted by a lawyer by law; or

(iii) required or permitted to attend an investigative

or evidence-gathering act, including as a

minimum the following

(A) identity parades;

(B) confrontations;

(C) reconstructions of the scene of a crime; and

(b) to a requested person upon an arrest under article

355AUT(2)(c) persons who have a right of access to a

lawyer under this Sub-title;

(c) under the same conditions as provided for in paragraph

(a), to persons who were not initially suspects or

accused persons but become suspects or accused

persons in the course of questioning by the police or

by another law enforcement authority.

(5) This Sub-title also applies, under the same conditions as

provided for in sub-article (1), to persons other than the suspect or

the accused person who, in the course of questioning by the

Executive Police or by another law enforcement or judicial

authority, become suspects or accused persons.

(6) Without prejudice to the right to a fair trial, in respect of

minor offences -

(a) where the law provides for the imposition of a sanction

by an authority other than a court having jurisdiction

in criminal matters, and the imposition of such a

sanction may be appealed or referred to such a court;

or

(b) where deprivation of liberty cannot be imposed as a

sanction,

this Sub-title shall only apply to the proceedings before a court

having jurisdiction in criminal matters

Provided that, in any event, this Sub-title shall fully apply

where the suspect or accused person is deprived of liberty,

irrespective of the stage of the criminal proceedings.

355AUA. (1) The suspect or the accused person shall have the

right of access to a lawyer in such time and in such a manner so as

to allow him to exercise his rights of defence practically and

effectively.

(2) The suspect or the accused person shall have access to a

lawyer without undue delay. In any event, the suspect or the

accused person shall have access to a lawyer from whichever of the

following points in time is the earliest

(a) before they are questioned by the Executive Police or

by another law enforcement or judicial authority in

respect of the commission of a criminal offence;

(b) upon the carrying out by investigating or other

competent authorities of an investigative or other

evidence-gathering act in accordance with sub-article

(8)(e);

(c) without undue delay after deprivation of liberty;

(d) where they have been summoned to appear before a

court having jurisdiction in criminal matters, in due

time before they appear before that court.

(3) A request for legal assistance shall be recorded in the

custody record together with the time when it was made unless the

request is made at a time when the person who makes it is at court

after being charged with an offence in which case the request need

not be so recorded.

(4) Once a request for legal assistance is made, the suspect or

the accused person shall be provided with a list of lawyers drawn

up by the Chamber of Advocates and the Chamber of Legal

Procurators and submitted on a yearly basis to the Executive Police

and to any other law enforcement and judicial authority, from

which the suspect or the accused person may select a lawyer of his

own choice. Alternatively, the suspect or the accused person may

elect to be assisted by the Advocate for Legal Aid in which case the

Advocate for Legal Aid shall assign a lawyer for this purpose.

(5) Without prejudice to the provisions of article 355AUI(3),

any police officer who indicates or attempts to indicate to a person

detained the advocate or legal procurator who should be engaged

during the detention of such person, shall be guilty of an offence

and shall be punishable with a fine (ammenda) and this without

prejudice to any disciplinary proceedings that may be taken against

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him as a consequence of a finding of guilt in respect of such an

offence or in lieu of prosecution for such an offence in accordance

with any disciplinary regulations in force from time to time.

(6) Where the person detained chooses not to seek legal

assistance the Executive Police, investigating officer or any other

law enforcement or judicial investigating authority shall record this

fact in writing in the presence of two witnesses and thereupon

questioning may proceed immediately. It shall not be admissible for

the prosecution to comment during any proceedings before a court

of justice of criminal jurisdiction on the fact that the suspect or the

accused person did not avail himself of the right to legal assistance

in the course of his detention under arrest.

(7) Where in any proceedings before a court of justice of

criminal jurisdiction against a person for an offence, evidence is

given that the suspect or the accused person -

(a) at any time before he was charged with the offence, on

being questioned by the Executive Police or by any

other law enforcement or judicial authority trying to

discover whether or by whom the offence had been

committed, failed to mention any fact relied on in his

defence in those proceedings; or

(b) on being charged with the offence or officially

informed that he might be prosecuted for it, failed to

mention any such fact,

being a fact which in the circumstances existing at the time the

suspect or the accused person could reasonably have been expected

to mention when so questioned, charged or informed, as the case

may be, no inference may be drawn from the suspect’s or the

accused person’s failure to mention facts which may be considered

as evidence of guilt or as amounting to corroboration of any

evidence of guilt of the suspect or the person accused.

(8)

The right of access to a lawyer shall entail the following

(a) the suspect or the accused person, if he has elected to

exercise his right to legal assistance, and his lawyer,

shall be informed of the alleged offence about which

the suspect or the accused person is to be questioned.

Such information shall be provided to the suspect or

the accused person prior to the commencement of

questioning, which time shall not be less than one hour

before questioning starts;

(b) the suspect or the accused person shall have the right

to meet in private and communicate with the lawyer

representing him, including prior to questioning by the

police or by another law enforcement or judicial

authority;

(c) the suspect or the accused person shall have the right

for his lawyer to be present and participate effectively

when questioned. Such participation may be regulated

in accordance with procedures which the Minister

responsible for Justice may by regulations establish,

provided that such procedures shall not prejudice the

effective exercise and essence of the right concerned.

Where a lawyer participates during questioning, the

fact that such participation has taken place shall be

noted using where possible in the opinion of the

interviewer audiovisual means in terms of paragraph

(d)

Provided that the right of the lawyer to participate

effectively shall not be interpreted as including a right

of the lawyer to hinder the questioning or to suggest

replies or other reactions to the questioning and any

questions or other remarks by the lawyer shall, except

in exceptional circumstances, be made after the

Executive Police or other investigating or judicial

authority shall have declared that it has no further

questions;

(d) questioning, all answers given thereto and all the

proceedings related to the questioning of the suspect or

accused person, shall where possible in the opinion of

the interviewer be recorded by audio-visual means and

in such case a copy of the recording shall be handed

over to the suspect or the accused person following the

conclusion of the questioning. Any such recording

shall be admissible in evidence, unless the suspect or

the accused person alleges and proves that the

recording is not the original recording and that it has

been tampered with. No transcription need be made of

the recording when used in proceedings before any

court of justice of criminal jurisdiction, nor need the

suspect or the accused person sign any written

statement made following the conclusion of the

questioning once all the questions and answers, if any,

are recorded on audiovisual means;

(e) the suspect or the accused person shall have the right

for his lawyer to attend the following investigative or

evidence-gathering acts if the suspect or accused

person is required or permitted to attend the act

concerned

(i) identity parades;

(ii) confrontations;

(iii) reconstructions of the scene of an offence.

(9) General information to facilitate the briefing of a lawyer by

suspects or accused persons shall be made available in terms of

sub-article (4) or such other procedure as the Minister responsible

for Justice may by regulations establish.

(10) Notwithstanding the provisions of this Sub-title concerning

the mandatory presence of a lawyer, the Executive Police or any

other law enforcement or judicial authority shall ensure that

suspects or accused persons who are deprived of liberty shall be in

a position to exercise effectively their right of access to a lawyer,

unless they have waived that right in accordance with article

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355AUG. (11) In exceptional circumstances and only at the pre-trial stage,

a temporary derogation may be made from the application of the

right provided for in sub-article (2)(c) where the geographical

remoteness of the suspect or the accused person makes it

impossible to ensure the right of access to a lawyer without undue

delay after deprivation of liberty.

(12) In exceptional circumstances and only at the pre-trial stage,

a temporary derogation from the application of the rights provided

for in sub-article (8) may be made to the extent justified in the light

of the particular circumstances of the case, on the basis of one of

the following compelling reasons

(a) where there is an urgent need to avert serious adverse

consequences for the life, liberty or physical integrity

of a person;

(b) where immediate action by the investigating

authorities is imperative to prevent substantial

jeopardy to criminal proceedings.

(13) For the purposes of this Sub-title, the expression "pre-trial

stage" means the stage immediately prior to the filing of the bill of

indictment in the Criminal Court or, as the case may be, before the

Attorney General sends the record of proceedings to the Court of

Magistrates as a Court of Criminal Judicature, in terms of article

370(3), for the person accused to be tried by that court.

355AUB. (1) The confidentiality of communication between

suspects or accused persons and their lawyer in the exercise of the

right of access to a lawyer provided for under this Sub-title shall be

respected.

(2) Such

communication

shall

include

meetings,

correspondence, telephone conversations and any other form of

communication permitted by law.

355AUC. (1) Suspects or accused persons who are deprived of

liberty shall be informed, without undue delay, by the Executive

Police or by any other enforcement or judicial authority, that they

have the right to have at least one person, such as a relative or an

employer or any other person of their choice, nominated by them,

informed of their deprivation of liberty without undue delay if they

so wish, unless such other person is reasonably suspected of being

involved in the offence being investigated. A record shall be kept

of the manner in which the Executive Police or other law

enforcement or judicial authority concerned has discharged its duty

under this article.

(2) If the suspect or accused person is a child, at least one

p e r s o n h a v in g p a r e n ta l au t ho r it y, t u to r s h ip , c ur a t o r s hi p o r

guardianship in respect of the child shall be informed as soon as

possible of the deprivation of liberty and of the reasons therefor,

unless it would be contrary to the best interests of the child to do

so, in which case another appropriate adult shall be informed. For

the purposes of this article, a person below the age of eighteen

years shall be considered to be a child.

(3) In all cases, the details of the person mentioned in sub-

article (1) or of the holder of parental authority, tutorship,

curatorship or guardianship over the child mentioned in sub-article

(2) as well as the day and time at which the information was given

to such person or holder of parental or other authority as aforesaid,

shall be entered in the detention record of the suspect or in the

record of the proceedings of the person accused, as the case may

be.

(4) It shall be permissible to temporarily derogate from the

application of the rights set out in sub-articles (1) and (2) where

justified in the light of the particular circumstances of the case, on

the basis of one of the following compelling reasons

(a) where there is an urgent need to avert serious adverse

consequences for the life, liberty or physical integrity

of a person;

(b) where there is an urgent need to prevent a situation

where criminal proceedings could be substantially

jeopardised

Provided that in any such case, the delay shall not be later

than six hours from the time when the arrest was effected.

(5) Where a derogation from the application of the right set out

in sub-article (2) is made, the Executive Police or other law

enforcement or judicial authority concerned shall ensure that an

authority responsible for the protection or welfare of children, as

designated from time to time by the Minister responsible for Justice

by order in the Gazette, is informed without undue delay of the

deprivation of liberty of the child.

355AUD. (1) The suspect or the accused person who is deprived

of liberty shall have the right to communicate without undue delay

with at least one third person, such as a relative, friend or other

person nominated by him.

(2) A Magistrate may, following a written request from the

Executive Police or any other law enforcement authority or from

another authority other than a court exercising judicial functions,

limit or defer the exercise of the right referred to in sub-article (1)

in view of imperative requirements or proportionate operational

requirements.

355AUE. (1) The suspect or the accused person who is a non-

national and who is deprived of liberty shall have the right to have

the consular authorities of his State of nationality informed of the

deprivation of liberty without undue delay and to communicate

with those authorities, if he so wishes. However, where the suspect

or accused person has two or more nationalities, he may choose

which consular authorities, if any, are to be informed of the

deprivation of liberty and with which he wishes to communicate.

(2) Suspects or accused persons shall also have the right to be

visited by their consular authorities, the right to converse and

CRIMINAL CODE

correspond with them and the right to have legal representation

arranged for by their consular authorities, subject to the agreement

of those authorities and the wishes of the suspects or accused

persons concerned.

(3) The exercise of the rights laid down in this article may be

regulated by such regulations to be made by the Minister

responsible for Justice or by such procedures as may be in force

from time to time, provided that such regulations or procedures

enable full effect to be given to the purposes for which these rights

are intended.

355AUF. (1) Any temporary derogation under

article

355AUA(11) or (12) or under article 355AUC(4) shall

(a) be proportionate and not go beyond what is necessary;

(b) be strictly limited in time;

(c) not be based exclusively on the type or the seriousness

of the alleged offence; and

(d) not prejudice the overall fairness of the proceedings.

(2) Temporary derogations under article 355AUA(11) or (12)

may be authorised only by a duly reasoned decision taken on a

case-by-case basis by a Magistrate, which decision may be subject

to appeal to the Court of Criminal Appeal as constituted under

article 418 by application to be filed within two working days from

when the decision is given. The Court of Criminal Appeal shall

regulate its own procedure with regard to the determination of such

an appeal. The filing of an appeal shall not prevent the execution of

the decision of the Magistrate unless the Court of Criminal Appeal

otherwise orders. The duly reasoned decision shall be recorded in

the relative acts of the proceedings.

(3) Temporary derogations under article 355AUC(4) may be

authorised, only on a case-by-case basis, by a Magistrate.

355AUG. (1) Without prejudice to the provisions of this Sub-title

requiring the mandatory presence or assistance of a lawyer, in

relation to any waiver of a right as referred to in articles 355AUA

and 355AUH

(a) the suspect or accused person shall be provided, orally

or in writing, with clear and sufficient information in

simple and understandable language about the content

of the right concerned and the possible consequences

of waiving it;

(b) the waiver shall

be

given

voluntarily

and

unequivocally.

(2) The waiver, which can be made in writing or orally, shall be

noted as well as the circumstances under which the waiver was

given, using any recording procedure permitted by law.

(3) The suspect or accused person may revoke a waiver

subsequently at any point during the criminal proceedings, and

shall be informed about this possibility. Such a revocation shall

have effect only from the moment it is made.

355AUH. (1) A requested person shall have the right of access to

a lawyer upon arrest in Malta pursuant to a European arrest

warrant.The requested person may elect to be assisted by the

Advocate for Legal Aid in which case the Advocate for Legal Aid

shall assign a lawyer for this purpose.

(2) With regard to the content of the right of access to a lawyer

in Malta as the executing Member State, a requested person shall

have the following rights in Malta

(a) the right of access to a lawyer in such time and in such

a manner as to allow the requested person to exercise

his rights effectively and in any event without undue

delay from deprivation of liberty;

(b) the right to meet and communicate with the lawyer

representing him;

(c) the right for his lawyer to be present and, in

accordance with procedures established by law, to

participate during a hearing of the requested person by

the competent executing judicial authority in Malta.

Where a lawyer participates during the hearing, this

shall be noted in the records of the proceedings of the

competent judicial authority in Malta.

(3) The rights provided for in articles 355AUB, 355AUC,

355AUD, 355AUE, 355AUG, and, where a temporary derogation

under article 355AUC(4) is applied, in article 355AUF, shall apply,

mutatis mutandis, to European arrest warrant proceedings in Malta

as the executing Member State.

(4) The competent authority in Malta as the executing Member

State shall, without undue delay after deprivation of liberty, inform

requested persons that they have the right to appoint a lawyer in the

issuing Member State, that is, a Member State of the European

Union which has issued a European arrest warrant with a view to

the arrest and surrender by Malta of a requested person. The role of

that lawyer in the issuing Member State shall be to assist the lawyer

in Malta, as the executing Member State, by providing that lawyer

with information and advice with a view to the effective exercise of

the rights of requested persons under Framework Decision 2002/

584/JHA.

(5) Where a requested person wishes to exercise the right to

appoint a lawyer in the issuing Member State and does not already

have such a lawyer, the competent authority in Malta as the

executing Member State shall promptly inform the competent

authority in the issuing Member State.

(6) The competent authority in Malta as the issuing Member

State in European arrest warrant proceedings shall, without undue

delay, upon a request from a competent authority in the executing

Member State, provide the requested persons with information to

facilitate their appointing a lawyer in Malta.

(7)

The right of a requested person to appoint a lawyer in the

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issuing Member State is without prejudice to the time-limits set out

in Framework Decision 2002/584/JHA or the obligation on the

executing judicial authority in Malta to decide, within those time-

limits and the conditions defined under that Framework Decision,

whether the person is to be surrendered.

355AUI. (1) The suspect or accused person in criminal

proceedings, and the requested persons in European arrest warrant

proceedings, shall be entitled to seek redress in the event of a

breach of their rights under this Sub-title before the courts of

criminal jurisdiction which may be seized of their case, or before a

Magistrate. Such a claim for redress shall be filed promptly and the

court seized with the claim shall have authority to grant such

redress as it deems appropriate, which redress shall be granted

without undue delay. There shall be a right of appeal from a

decision to grant or to deny such redress to the Court of Criminal

Appeal as constituted under article 418. The said appeal shall be

made by application to be filed within eight working days from the

decision and the Court of Criminal Appeal shall regulate its own

procedure with regard to the hearing of such an appeal.

(2) Without prejudice to the provisions of this Code related to

the admissibility of evidence, the rights of the defence and the

fairness of the proceedings shall be respected in all criminal

proceedings, in the assessment of statements made by suspects or

accused persons or of evidence obtained in breach of their right to a

lawyer or in cases where a derogation to this right was authorised

in accordance with article 355AUA(12).

355AUJ. (1) The Executive Police and any other law

enforcement or judicial authority shall ensure that the particular

needs of vulnerable suspects, vulnerable requested persons and

vulnerable accused persons are taken into account in the

application of the provisions of this Sub-title.

(2) The Minister responsible for Justice may make regulations

to give better effect to the provisions of this article.

(3) For the purposes of this Sub-title, the expression

"vulnerable person" shall have the same meaning assigned to it by

article 208AC(2).

355AUK. Nothing in this Sub-title shall be construed as limiting

or derogating from any of the rights and procedural safeguards that

are ensured under the Constitution, the Charter of Fundamental

Rights of the European Union, the European Convention on Human

Rights, or other relevant provisions of international or national law

which are enforceable in the courts of Malta and which provide a

higher level of protection.

Sub-title X

TAKING OF SAMPLES, FINGERPRINTING AND OTHER

INVESTIGATIVE PROCEDURES

355AV. The investigating officer may in person, by application

or by facsimile, request a Magistrate to authorise the necessary

procedure -

(a) where he has reasonable grounds to require the taking

of intimate samples from the person arrested; or

(b) to take photographs, a film, video recording or

electronic image of intimate parts of the body of the

person arrested; or

(c) where the person arrested withholds his consent for

any procedure which the investigating officer may

carry out according to law with the consent of the

person arrested and the provisions of the proviso to

article 355BB shall, mutatis mutandis, apply

Provided that where the request falls under paragraph (a),

the provisions of article 355AW shall apply and, if the request falls

under paragraph (b), the provisions of article 355AP shall mutatis

mutandis apply.

355AW. Subject to the provisions of articles 355AV and 355AX,

an intimate sample may be taken from a person arrested only if his

appropriate consent is given.

355AX. (1) Upon a request under article 355AV(a), the

Magistrate shall obtain all such information from the investigating

officer to enable him to decide on whether the request is justified or

not.

(2) Where the Magistrate decides that the request is justified he

shall visit the person arrested to request his consent and before

asking for his consent he shall explain to him

(a) the nature of the request and the reasons thereof;

(b) the consequences of giving his consent and of refusing

consent as provided in article 355AZ; and

(c) that he is entitled to consult a lawyer or legal

procurator before deciding whether or not to give his

consent.

(3) Where the person arrested requests to consult a lawyer or

legal procurator under sub-article (2) the magistrate shall make a

record of the fact, date and time of the request and, subject to the

provisions of sub-article (4) shall allow the person arrested to

consult with a lawyer or legal procurator for such time as the

magistrate may deem appropriate in the circumstances of the case.

(4) The magistrate may, on a justified objection by the Police,

delay any communication with an advocate or legal procurator if

the interests of justice so require or when any of the events

m e n t i o n e d i n a r t i c l e 3 5 5 AT ( 5 ) i s l i k e l y t o o c c u r i f s u c h

communication is allowed immediately

Provided that where the person arrested has requested to

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consult a lawyer or legal procurator his consent can only be

requested after such consultation has taken place.

355AY. Where an intimate sample is to be taken under these

articles the provisions of article 355AP shall apply.

355AZ. Where the appropriate consent to the taking of an

intimate sample from a person was refused without a good cause, in

any proceedings against the person for an offence, those who have

to judge of the facts may draw such inferences from the refusal as

appear proper and the refusal may, on the basis of such inferences,

be treated as, or as capable of amounting to corroboration of any

evidence against the person in relation to which the refusal is

material.

355BA. (1) The investigating officer may, with the appropriate

consent in writing of the person arrested, cause to be taken

(a) fingerprints, palm-prints, other prints or hand-writing

samples from the person arrested;

(b) photographs of the person arrested or of non-intimate

parts of his body;

(c) non-intimate samples from the person arrested.

(2)

The person arrested may request in writing that

(a) his fingerprints, palm-prints, other prints or hand-

writing samples,

(b) photographs of his person or of non-intimate parts of

his body,

(c) non-intimate samples from his person,

be taken and any such request shall be complied with by the

investigating officer with the assistance of any competent person as

may be necessary.

(3) The person arrested may also request in writing the

investigating officer to carry out any of the procedures mentioned

in article 355AV(a) and (b), and any such request shall be referred

without delay to a Magistrate. The Magistrate shall authorise the

procedure requested after verifying the request made by the person

arrested and the provisions of article 355AP shall apply where

appropriate.

355BB. Samples from a person other than a person arrested may

only be taken with that person’s prior consent in writing

Provided that in the event that the person, other than the

person arrested, withholds his consent to the taking of a sample,

whether intimate or non-intimate, a Magistrate’s authorisation may

also be obtained upon an application and, saving the provisions of

article 355AZ, such authorization shall also cover the taking of any

proportionate and necessary measures, including the use of force,

by the Executive Police to give effect to such authorization.

355BC. The provisions of article 355BA shall mutatis mutandis

apply to any person, not being an arrested person, who makes a

request for the carrying out in his respect of any procedure referred

to in that article provided the request is made in writing and

contains a declaration that the person making the request has reason

to believe that there is the likelihood that the failure to carry out the

requested procedure is likely to result in his being arrested or

detained.

355BD. The Commissioner of Police may make use of

specimens, which would have been taken in criminal proceedings,

for the purposes of subsequent criminal proceedings.

Sub-title XI

POWERS AND DUTIES OF THE POLICE IN RESPECT

OF COURT PROCEEDINGS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 356 Production of evidence before court. — CRIMINAL CODE Open official source

(1) It is the duty of the Executive Police to bring as soon

as possible before the court, and, where practicable, together with

the offender, all the evidence that may have been collected in

respect of the offence.

(2) It is the duty of police prosecuting officers to disclose to the

defence such evidence which may appear to favour the person

charged and which the police, for any reason, might not have the

intention to produce before the court as evidence for the

prosecution.

(3) The Executive Police shall, even after the accused has been

brought before the court, continue to collect and furnish to the

Court of Magistrates or, after his committal for trial, to the

Attorney General, any further information that can be obtained in

respect of the offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 357 Preservation of articles connected with the offence. — CRIMINAL CODE Open official source

Where an officer of the Executive Police discovers any

weapon, document, trace or vestige or any other thing relating to an

offence, he shall take steps to establish and ensure the existence

and the preservation thereof in the state in which it was found until

he shall have reported the matter to the Court of Magistrates, and, if

unable to establish and ensure such existence or preservation, he

shall observe the same procedure provided for the drawing up of a

"repertus".

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 358 Duties of the Police in respect of criminal proceedings. — CRIMINAL CODE Open official source

(1) It is the duty of the Police to issue and to serve

citations summoning persons to appear before the Court of

Magistrates, in matters within the jurisdiction of such court.

(2) In summary proceedings for offences within the jurisdiction

of the Court of Criminal Judicature, it shall not be the duty of the

Police to serve on the person charged notice of the date of hearing

apart from the first sitting of the proceedings.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 359 Executive Police to execute warrants of arrest or search. — CRIMINAL CODE Open official source

(1) Saving the provisions of article 666, it is the duty of

the Executive Police to execute any warrant or order of arrest or

search that may, in the cases prescribed by law, be issued or given

by any other competent authority.

(2) Any such warrant or order shall set forth the nature of the

offence and the name of the person, if known, by whom the offence

is alleged to have been committed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 360 Summoning of person accused when not arrested. — CRIMINAL CODE Open official source

(1) Where there are not sufficient grounds according to

law for the arrest of any person charged with an offence, the

Executive Police shall, by an order in writing, summon such person

to appear before the Court of Magistrates.

(2) The summons shall contain a clear designation of the

person summoned and a brief statement of the facts of the charge

together with such particulars as to time and place as it may be

necessary or practicable to give. It shall also contain an intimation

that, in default of appearance, the person summoned shall be

arrested by warrant of the court and arraigned on such day as may

be stated in the warrant.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 360A Service of affidavits together with summons. — CRIMINAL CODE Open official source

(1) In summary proceedings for offences within the

jurisdiction of the Court of Magistrates as a court of criminal

judicature under article 370(1) the police may, together with the

summons or at any time thereafter, serve upon the accused copies

of any affidavits made by a public officer or by an employee or

officer of a body corporate established by law or by a

representative of an undertaking as defined in terms of article 2 the

Electronic Communications (Regulation) Act and who is to be

produced as a witness for the prosecution in those proceedings as

well as any document to be produced in evidence in the same

proceedings and if the accused desires to cross-examine any person

whose affidavit has been served upon him as aforesaid he shall, not

later than fifteen days before the first sitting following the service

of the affidavit, give notice thereof to the Commissioner of Police

by registered letter whereupon the person to be cross-examined

shall be summoned to give evidence in the proceedings

Provided that for the purposes of this sub-article the word

"document" shall have the same meaning assigned to it by article

558(2)

Provided further that where it results that it was not

possible for the accused to give notice to the Commissioner of

Police within the time provided aforesaid such notice of the desire

to cross-examine may be given during the first sitting immediately

after the service of the affidavit in which case the person to be

cross-examined shall be summoned to give evidence in the

following sitting.

(2) The person whose affidavit was served on the accused as

provided in sub-article (1) shall not be summoned to testify in the

proceedings if the accused fails to give notice of the intention to

cross-examine that person as provided in that sub-article and the

said affidavit shall be admissible in evidence as proof of its

contents in those proceedings in the same way as if it had been

testimony given viva voce in the presence of the accused.

*

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 360B Judgements in absentia. — CRIMINAL CODE Open official source

(1) Notwithstanding the other provisions of this Code or

of any other law, the provisions of this article shall apply to

offences within the jurisdiction of the Court of Magistrates as a

court of criminal judicature under article 370(1).

(2) Where a person, having been charged with an offence

referred to in sub-article (1) and having been duly served with a

summons, fails to appear personally before the court, he shall be

deemed to have given his consent for the trial to proceed in his

absence and, the court shall proceed with the hearing in the absence

of the person charged and shall thereupon proceed to deliver

judgement

Provided that any person charged as aforesaid may instead

of appearing before the Court of Magistrates file in the Registry of

that court representations in writing and, or a declaration on the

facts of the case confirmed on oath contesting the charge against

him, and the Court shall, prior to deciding the case, take into

account such representations and, or a declaration as if they had

been made viva voce before the said court.

(3) A judgement delivered in terms of this article shall be

subject to appeal.

(4) Where no appeal is filed, a judgement delivered in terms of

this article shall be served on the offender personally who, within

seven working days of service, shall have a further right of appeal

against judgement and the provisions of this code relating to

appeals shall, subject to the provisions of this article, mutatis

mutandis apply

Provided that there shall be no right of appeal if it is shown

that any of the following circumstances exist

(a) the offender was in due time

(i)

summoned in person and thereby informed of the

scheduled date and place of the trial which

resulted in the judgement, or by other means

actually received official information of the

scheduled date and place of that trial in such a

manner that it was unequivocally established

that he was aware of the scheduled trial; and

(ii) informed that a judgement may be handed down

if he does not appear for the trial; or

(b)

the offender, being aware of the scheduled trial, had

given a mandate to legal counsel appointed by him to

defend him at his trial, and was indeed defended by the

said legal counsel at the trial.

(5) A summons issued under this article shall also contain an

intimation that in default of appearance the person summoned shall

be deemed to have given his consent for the trial to proceed in his

*this article is not yet in force.

CRIMINAL CODE

absence.

(6) Where a judgement is served as provided under sub-article

(4) the offender shall also be informed of his further right of appeal

in terms of the said sub-article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 361 Term for service of summons. — CRIMINAL CODE Open official source

Except in urgent cases, the summons shall be served on the

person summoned at least two working days previous to the day

fixed for his appearance.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 362 Mode of effecting service. — CRIMINAL CODE Open official source

(1) The summons shall be delivered to the person whose

appearance is required, and if such person cannot conveniently be

met with, the summons shall be delivered at his usual place of

abode. In either case, the officer serving the same shall make a

report thereof to the court.

(2) The Minister responsible for justice after consulting with

the Minister responsible for the police may make regulations

providing, in summary proceedings as those mentioned in article

360A(1), for the service of the summons and of any accompanying

documents, and of any other act of the proceedings, by post or in

any other manner as may be provided in the regulations.

(3) Where the person to whom a summons or other act of the

proceedings is addressed in accordance with any regulations made

under sub-article (2) refuses to receive it the court may by means of

a decree upon an application by the Police and after examining the

certificate of service declare that person to have been duly served

with the summons or with that other act and make an order for his

arrest.

(4) Where any person, other than the person to whom a

summons or other act of the proceedings is addressed, refuses to

receive the summons or that other act personally the court may,

u p o n a n ap p l i c a t i on b y t he P o l i c e a n d a f t e r e x a m in i n g t he

certificate of service and satisfying itself that that person is a

person in whose hands the summons or that other act may be

lawfully served, sentence that person to a fine (ammenda)

Provided that the Court may, at any time, on just cause

being shown, remit the fine (ammenda).

(5) The provisions of sub-articles (3) and (4) shall mutatis

mutandis apply to the service of the summons and of any

accompanying documents whenever a person is to be served with

any summons and with any accompanying documents in

accordance with any other provision of this Code or of any other

law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 363 Time and place for service of summons. — CRIMINAL CODE Open official source

The summons shall be executed between seven o’clock in

the morning and seven o’clock in the evening in any residential

home excluding Sundays or Public Holidays or in the case where

the summons is being executed in a commercial property or office

at any day or any time that that commercial property or that office

is open to the public or where the case merits expediency at those

times duly authorised by the Court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 364 Urgent cases. — CRIMINAL CODE Open official source

Where the urgency of the case does not admit of any delay,

the person may be summoned to appear forthwith or at a given time

during the same day. If the person fails to appear, he may, upon a

warrant of the court, be arrested and brought before it.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 365 Subpoenaing of witnesses. — CRIMINAL CODE Open official source

(1) The Executive Police shall summon, in writing, the

witnesses whose attendance is required before the Court of

Magistrates, whether for the prosecution or for the accused.

(2) The provisions contained in the last preceding three articles

shall apply to the subpoenas of witnesses.

(3) The subpoenas referred to in this article and the summons

referred to in article 360 shall be signed by an officer of the

Executive Police not below the rank of sub-inspector or be stamped

with a facsimile of such a signature.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366 Judgment, etc., to be carried out by Executive Police. Fines to be levied by registrar. — CRIMINAL CODE Open official source

It is the duty of the Executive Police to carry out, besides

the warrants or orders referred to in article 359, every judgment or

order of the Court of Magistrates

Provided that fines (multa and ammenda) shall be levied by

the registrar of that court.

Sub-title XII

OF THE PRESUMPTION OF INNOCENCE

The measures provided for in this Sub-title transpose the provisions of

Directive (EU) 2016/343 of the European Parliament and the Council

of the 9 March 2016 on the strengthening of certain aspects of the

presumption of innocence and of the right to be present at the trial in

criminal proceedings.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366A Presumption of innocence. — CRIMINAL CODE Open official source

(1) Every person suspected or accused of having

committed a criminal offence or an alleged criminal offence shall be

presumed to be innocent until the decision on the final determination

of whether that person has committed the criminal offence has become

definitive

Provided that the provisions of this article shall be without

prejudice to the proviso to sub-article (5) of article 39 of the

Constitution and to the enforcement, as may be provided by law, of a

judgement of the Court of Magistrates or of the Criminal Court

pending the hearing of an appeal after the accused has been found

guilty of having committed a criminal offence by one of the said

Courts.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366B Burden of proof. — CRIMINAL CODE Open official source

(1) The burden of proof for establishing the guilt of

suspects or accused persons shall lie with the prosecution

Provided that the provisions of this article shall be without

prejudice to

(a)

the proviso to sub-article (5) of article 39 of the

Constitution;

CRIMINAL CODE

(b)

any obligation of a judge, magistrate or any court

or tribunal to seek both inculpatory and exculpatory evidence;

(c)

the right of the defence to submit any evidence

according to law.

(2)

Any reasonable doubt as to the question of guilt shall

benefit the suspect or accused person including where the court

assesses whether an accused person should be acquitted.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366C Public references to guilt. — CRIMINAL CODE Open official source

(1) As long as a suspect or accused person has not been

proven guilty according to law, public statements made by public

authorities and judicial decisions, other than those on guilt, shall not

refer to that person as being guilty

Provided that the provisions of this article shall be without

prejudice to

(i) acts of the Attorney General, the Police or other public

authorities having prosecuting powers which aim to prove the

guilt of the suspect or accused person;

(ii) preliminary decisions of a procedural nature taken by a

magistrate, a judge or by any other competent authority and

which are based on suspicion or on incriminating evidence;

(iii) the right of public authorities to publicly disseminate

information on criminal proceedings where this is strictly

necessary for reasons relating to the criminal investigation or to

the public interest.

(2)

Any person who alleges that his rights under this article or

this Sub-title have been breached shall have a right to file an

application in the Court of Magistrates within ten days, from the date

of the fact which allegedly gave rise to the breach, to demand a finding

of such a breach and an appropriate remedy

Provided that when a person stands accused before a court

the application referred to in this sub-article shall be filed before

the court where that person stands accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366D Presentation of suspects and accused persons. — CRIMINAL CODE Open official source

Suspects and accused persons shall not be presented in

court or in public as being guilty, through the use of measures of

physical restraint

Provided that nothing in this article or in article 443 shall

prevent the police or any court from applying measures of physical

restraint that may be required in any particular case for reasons

relating to security or to the prevention of suspects or accused persons

from absconding or from having contact with other persons.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366E Right to silence and not to incriminate oneself. — CRIMINAL CODE Open official source

(1) Suspects and accused persons shall have the right to

remain silent in relation to the criminal offence which they are

suspected or accused of having committed and shall have the right not

to incriminate themselves.

(2)

The exercise of the right not to incriminate oneself shall not

prevent the competent authorities from gathering evidence which may

be obtained through the use of legal powers of compulsion which exist

independently of the will of the suspects or accused persons.

(3)

The exercise by suspects or accused persons of the right to

remain silent or of the right not to incriminate oneself shall not be used

against them and shall not be considered to constitute evidence that

they have committed the criminal offence concerned.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 366F Right to be present at the trial. — CRIMINAL CODE Open official source

Saving the provisions of any law which may provide for

trials in the absence of the persons charged or accused, subject to the

safeguards provided in Directive (EU) 2016/343 of the European

Parliament and the Council of the 9 March 2016 on the strengthening

of certain aspects of the presumption of innocence and of the right to

be present at the trial in criminal proceedings, persons charged or

accused shall have the right to be present at their trial.

Title II

O F THE C OURT OF M AGISTRATES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 367 Constitution of Court of Magistrates. Jurisdiction. — CRIMINAL CODE Open official source

(1) Every Court of Magistrates shall consist of a

magistrate and shall have a twofold jurisdiction, namely, as a court

of criminal judicature for the trial of offences which fall within its

jurisdiction, and as a court of inquiry in respect of offences which

fall within the jurisdiction of a higher tribunal.

(2) There shall be two Courts of Magistrates, one for the Island

of Malta and one for the Islands of Gozo and Comino to be styled

Court of Magistrates (Malta) and Court of Magistrates (Gozo)

respectively.

(3) There shall be a number of Magistrates to whom there shall

only be assigned the duties of the Magistrate as provided in Title II of

Part II of Book Second.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 368 When abstention or challenge of magistrate may take place. — CRIMINAL CODE Open official source

(1) No magistrate may be challenged or may abstain from

taking cognizance of any cause, except immediately after the report

or complaint and for any of the reasons set out in paragraphs (a),

(b), (c) and (e) and, so far as applicable, article 734(d) of the Code

of Organization and Civil Procedure or on the ground that he has

given or is to give evidence as a witness in the cause, or on the

ground that the cause is in respect of an offence committed to his

prejudice or to the prejudice of his spouse or of any other person

related to him by consanguinity or affinity in any of the degrees

mentioned in paragraphs (a) and (b) of the said article.

(2) Nor may any magistrate be challenged or abstain from

taking cognizance of any cause in the cases mentioned in article

403 and article 433(5) notwithstanding that during the inquiry the

CRIMINAL CODE

magistrate may have conferred with the Police or with any member

thereof or with the Attorney General in connection with the

collection of evidence.

(3) If upon hearing the report or complaint, the magistrate is of

opinion that there exists in his respect any of the reasons aforesaid,

he shall make a statement thereof before proceeding further with

the cause.

(4) None of the above reasons shall debar any magistrate from

issuing any warrant or performing any act in connection with any

inquiry relating to the "in genere", or any inquest or "repertus" held

in accordance with the provisions of this Code.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 369 Duties of registrar. — CRIMINAL CODE Open official source

In the Court of Magistrates, the functions of registrar may be

performed by any of the court executive officers referred to in article

57(3) of the Code of Organization and Civil Procedure.

Sub-title I

O F THE C OURT OF M AGISTRATES AS C OURT OF

C RIMINAL J UDICATURE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 370 Offences cognizable by the Court of Magistrates as court of criminal judicature. — CRIMINAL CODE Open official source

(1)

The Court of Magistrates shall be competent to try-

(a) all contraventions referred to in this Code;

(b) all crimes referred to in this Code which are liable to

the punishments established for contraventions, to a

fine (multa) or to imprisonment for a term not

exceeding two years with or without the addition of a

fine (multa) or interdiction;

(c) all offences referred to in any other law which are

liable to the punishments established in the preceding

paragraph, unless the law provides otherwise.

(2) The offences referred to in sub-article (1) shall still be

cognizable by the said court notwithstanding that, in view of

concurrent offences and punishments, of any previous conviction or

of the application of the provisions of article 18, a punishment

higher than any of the punishments mentioned in the said sub-

article shall be applicable.

(3) (a) Notwithstanding the provisions of sub-article (1)(b),

the Attorney General may send for trial by the said court any

person charged with a crime punishable with imprisonment for a

term exceeding two years but not exceeding twelve years if there is

no objection on the part of such person.

(b) On the demand of the Attorney General to the court to try

such crime, the court shall ask the accused whether he objects to his

case being dealt with summarily; the court shall, in its discretion,

give a reasonable time to the accused to reply to this question.

(c) If, within the said time, the accused replies that there is

no objection on his part to the case being tried summarily, the court

shall note the reply in the records of the proceedings and thereupon

the court shall become competent to try the accused and shall

proceed to give judgment forthwith, as provided in article 377.

(d) If the accused objects to the case being dealt with

summarily, the court shall order that the record of the case be

transmitted to the Attorney General, by electronic means, within the

term determined in article 401(3), for the case to be dealt with

according to law. In such case the term referred to in article 432 for the

filing of the indictment shall run from the day on which the Attorney

General shall be granted access by electronic means to the record of

the case.

(e) Where the number of the accused sent for trial by the

Court of Magistrates under the provisions of paragraph (a) is two or

more, the provisions of the last foregoing paragraph shall apply

only in respect of any one or more of the accused who makes

objection to the case being dealt with summarily, and in such case

the term fixed in article 432 for the filing of the indictment shall

run from the day on which the Attorney General shall have received

the record of the case after the decision in each of the cases dealt

with summarily shall have become res judicata.

(f) Before asking the accused whether he objects to his

case being dealt with summarily, as provided in paragraph (b), the

court shall hear such further evidence as may be indicated by the

Attorney General in the same note by which he sends the person

charged for trial by the said court in accordance with paragraph (a).

(4) (a) Notwithstanding the provisions of sub-article (1)(b), if

the crime with which the accused is charged is punishable with

imprisonment for a term exceeding two years but not exceeding six

years, the court shall, during the examination of the accused under

article 392 but before he is examined under sub-article (1)(b) of

that article, ask the accused whether he objects to his case being

dealt with summarily; and shall give him a reasonable time to reply

to this question.

(b) If, within the said time, the accused replies that there is

no objection on his part to the case being dealt with summarily, the

court shall ask the prosecuting officer whether the Attorney

General has given his consent in writing to the case being dealt

with summarily, and if no objection is raised, the court shall note

this fact in the records of the proceedings and thereupon the court

shall become competent to try the accused and shall proceed

accordingly

Provided that nothing in this sub-article shall be construed

as precluding the court from proceeding with the necessary inquiry

if from the evidence it appears that a graver crime which it has no

jurisdiction to try has been committed.

(4A) Notwithstanding the transitory provision made in article 1(2)

of the Criminal Code (Amendment) Act, 2015 (Act VIII of 2015),

and without prejudice to the other provisions of this article, the Court

of Magistrates shall be competent to hear and decide all cases

concerning crimes punishable with imprisonment not exceeding

CRIMINAL CODE

twelve years which were pending before the said Court prior to the

17th March 2015.

(5) The provisions of sub-article (2) shall apply, mutatis

mutandis, to the crimes referred to in sub-articles (3) and (4).

(6) The provisions of article 392A shall also apply, mutatis

mutandis, to offences which fall within the competence of the

Court of Magistrates as a court of criminal judicature in accordance

with the provisions of this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 371 How jurisdiction is determined. — CRIMINAL CODE Open official source

(1) In determining the jurisdiction, regard shall be had to

the alleged offence and not to any extenuating circumstances, even

though, by reason of any such extenuating circumstances, the

accused shall not be liable to punishment or there may be a descent

from a higher to a lesser punishment. In such case the provisions

contained in article 389 and following articles shall apply.

(2) Nevertheless, the Court of Magistrates shall be competent

to try -

(a) any crime committed by any person under eighteen

years of age or by any deaf-mute where the

2007. punishment awardable according to law does not

exceed the jurisdiction of such court;

(b) any crime excusable according to law where, in the

opinion of the Attorney General, the grounds for the

excuse appear from the record of the inquiry and the

punishment awardable according to law does not

exceed the jurisdiction of such court

Provided, in either case, that no other person is

simultaneously charged with the crime, whether as principal or

accomplice, or that the crime is not otherwise connected with any

other crime outside the jurisdiction of such court;

(c) any theft aggravated by "means", but not also by

"violence", or by "person" or by "the nature of the

thing stolen", when the value of the thing stolen does

not exceed eleven euro and sixty-five cents (€11.65) and,

in the opinion of the Attorney General, the crime

would be adequately punished with imprisonment for a

term not exceeding six months with or without a fine

(multa).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 372 How jurisdiction between the Courts of Magistrates is determined. — CRIMINAL CODE Open official source

(1) The jurisdiction as between the Courts of Magistrates

shall be determined -

(a) by the place where the offence has been committed; or

(b) if there is only one accused person or if, there being

two or more accused persons, they all reside in Malta,

or all reside in Gozo or Comino, by the place of his or

their residence.

(2) If a person is charged with two or more offences committed

in different Islands, such person shall be tried by the court within

the territorial jurisdiction of which the graver offence or, if the

offences are of equal gravity, the greater number of offences has

been committed.

(3) If the place where the offence was committed is unknown

and the accused is one, or the accused are two or more, residing,

however, within the limits of the jurisdiction of the same court, the

jurisdiction shall be solely determined by the place of his or their

residence; or if the persons accused reside in different Islands, the

jurisdiction as between the courts shall be determined by the place

of residence of the majority of the persons accused; or if the

number of the accused residing in Malta and the number of the

accused residing in Gozo or Comino be the same, either court shall

be competent to try all the accused.

(4) The plea to the jurisdiction by reason of the place where the

offence has been committed or of the place of residence of the

offender may be waived, and, if not raised immediately after the

statement of the facts constituting the offence, it shall be deemed to

be abandoned.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 373 Proceedings on complaint of injured party. — CRIMINAL CODE Open official source

As regards offences referred to in article 370(1), the

prosecution shall lie with the injured party or with the persons

mentioned in article 542 on behalf of such party, where proceedings

cannot be instituted except on the complaint of the injured party

Provided that if the offence in respect of which no

prosecution may be instituted except on the complaint of the

injured party, is aggravated by public violence or is accompanied

with any other offence affecting public order, or if, in the absence

of any such circumstances, the injured party shall fail to institute

proceedings and shall not have expressly waived the right to

prosecute within four days from the commission of the offence, it

shall be lawful for the Executive Police ex officio to institute

proceedings in respect of the offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 374 Trial. — CRIMINAL CODE Open official source

In proceedings instituted on the complaint of the injured

party, the following provisions shall apply

(a) the complainant and the defendant shall appear

personally on the day appointed for the hearing of the

complaint. They may, however, be assisted by

advocates or legal procurators;

(b) in the case of contraventions, it shall be lawful for the

court, upon good cause being shown, to exempt either

of the parties from appearing personally and to permit

the spouse or a near relative, by blood or affinity, of

such party, or any other person having the charge of

such party or authorized in writing by such party, to

appear instead;

(c) if neither of the parties shall appear, the cause shall be

struck off the list;

CRIMINAL CODE

(d) if for the first sitting the complainant does not appear and

the defendant alone appears, the latter may demand his

discharge;

(e) nevertheless, upon an application by the complainant

within four days from the day on which the cause was

struck off the list or the defendant was discharged,

accompanied by a declaration of the complainant

himself sworn before the registrar, to the effect that he

was, on account of illness or for any other reason

independent of his will, to be expressly stated in the

application, prevented from appearing, the court shall

appoint another day for the hearing of the cause on the

same acts;

(f) a written notice of the day appointed for the hearing of

the cause shall be given to the parties and to the

witnesses within the time prescribed in article 361 and

in article 441(1);

(g) in the absence of an application as aforesaid, the right

of action shall lapse;

(h) if the defendant does not appear, the second part of

article 364 shall apply;

(i) if both parties appear, the proceedings shall be

conducted summarily and viva voce in the following

order

(i)

the complainant or his advocate or legal

procurator shall state the facts constituting the

offence and shall produce his evidence;

(ii) the defendant or his advocate or legal procurator

shall submit his defence and shall produce his

evidence;

(iii) the complainant or his advocate or legal

procurator may reply, and the defendant or his

advocate or legal procurator is entitled to a

rejoinder

Provided that it shall be lawful for the court, on

good grounds, to vary the order of the proceedings;

(j)

it shall be lawful for the court to require that the

complaint be made or confirmed on oath.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 375 Proceedings by the Attorney General or the Executive Police ex officio. — CRIMINAL CODE Open official source

In proceedings instituted by the Attorney General or the

Executive Police, the following provisions shall apply

(a) the accused shall appear personally. He may, however,

be assisted by advocates or legal procurators;

(b) in the case of contraventions, the provisions of

paragraph (b) of the last preceding article shall apply

as regards the accused;

(c) the Attorney General or the officer of the Executive

Police in charge of the prosecution and the accused or

his advocate or legal procurator shall be heard in the

order set out in paragraph (i) of the last preceding

article;

(d) it shall be lawful for the court to require that the

charges be read out by the Attorney General or the

officer of the Executive Police and the report is

confirmed on oath by the officer of the Executive

Police;

(e) the accused may cross-examine the said officer.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 376 Noting down of pleas raised by accused, and of substance of evidence of witnesses. — CRIMINAL CODE Open official source

(1) The magistrate shall take down or cause the registrar to

take down -

(a) any plea to the jurisdiction of the court, or of

inadmissibility or extinguishment of action, or of

inadmissibility of any evidence as well as any order

rejecting such evidence; and

(b) where the court shall deem it expedient so to do, or

where a request is made by any of the parties and the

court shall see fit to accede to such request, the

substance of the evidence given by the witnesses,

recording any expression having a direct bearing on

the merits of the case.

(2) The notes of the depositions taken down as aforesaid, if

any, shall in the presence of the parties be read over to the

witnesses and a mention of such fact shall be entered in the record.

(3) The non-observance of any of the provisions of sub-articles

(1) and (2) shall not affect the validity of the proceedings; nor shall

such non-observance be a bar to the production, where necessary, at

any part or stage of the proceedings, of evidence to prove, in the

manner prescribed by law, the facts to which the said provisions

refer, or to the recalling of the said witnesses.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 377 Judgment. — CRIMINAL CODE Open official source

(1) When the hearing is concluded, the court shall, on the

same day, if conveniently practicable, deliver judgment either

discharging or sentencing the accused.

2007. (2) Where the offence established by the evidence is one in

respect of which the prosecution lies with the injured party, the

provision contained in article 403(2) shall apply.

(3) The court may, notwithstanding any punishment to which it

may sentence the offender, order him to remove any nuisance or

inconvenience to which the offence relates, or, according to

circumstances, to conform with the law, within a time, sufficient

for the purpose but in any case not exceeding three months from the

CRIMINAL CODE

date of the judgment, to be fixed by the court; and, if the offender

fails to comply with any such order within the time so fixed, he

shall be guilty of an offence and shall, on conviction, be liable to a

fine (ammenda) of not less than four euro and sixty-six cents (€4.66)

and not more than twenty-three euro and twenty-nine cents (€23.29)

f o r e v e r y da y d u ri n g w h i c h th e d e f a ul t c o nt i n ue s a f t e r t he

expiration of the said time.

(4) The court shall not grant any application for the extension

of the time fixed under the last preceding sub-article if such time

and the time of the extension exceed in the aggregate three months

and the Police oppose such extension.

(5) The court shall, upon an application to that effect by the

Police at any time after that a person has been found guilty of an

offence, in the event of a supervening cause or, in any other case,

after the expiry of the time-limit granted by the court under sub-

article (3) or (4) hereof, authorise the Police to remove any

nuisance or inconvenience to which the offence relates at the

expense of the offender, in which case the offender may be made to

refund the expense under a warrant issued by the said court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 378 Court may allow offender to retract his words or apologize. — CRIMINAL CODE Open official source

In the case of contraventions, where the offence is in

respect of any insult, defamation or threat, the court may, in

passing sentence, allow the offender, in order that he may be

exempted from the whole or part of the punishment, to retract his

words or to apologize to the complainant in open court according to

the nature of the offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 379 Presumptive evidence of gaming. — CRIMINAL CODE Open official source

Repealed by Act XVI.2018. Fourth Schedule.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 380 Award of costs in proceedings instituted on complaint of injured party. — CRIMINAL CODE Open official source

(1) In the case of proceedings instituted on the complaint

of the injured or aggrieved party, including the cases referred to in

article 374(c) and (d), the court shall also decide as to the costs

and, where the persons sentenced are two or more, the court shall

direct whether such costs are to be borne by them jointly or

severally.

2007. (2) The fees of the advocate or legal procurator for either party

shall be taxed by the court in the judgment itself at a rate ranging

from fifty-eight cents (€0.58) to one euro and forty cents (€1.40) for

every sitting.

(3) The provision of sub-article (2) shall apply also in the cases

referred to in article 374(c) and (d), as well as in the case where the

complainant waives the action, if the advocates or legal procurators

of the parties have appeared at the trial.

(4) If more than one advocate or legal procurator appear on

behalf of any of the parties, such party may only recover from the

unsuccessful party the fee of one advocate or legal procurator.

(5) Where the complaint is evidently frivolous or vexatious, it

shall be lawful for the court, at the request of the defendant, to

sentence the complainant to a fine (ammenda), and in default of

payment of such fine (ammenda), the provisions contained in

article 13(2) shall apply.

(6) The registry fees shall be taxed and levied in accordance

with the scale in Schedules A and B annexed to this Code.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 381 How payment of costs may be enforced. — CRIMINAL CODE Open official source

The payment of costs, including the fees due to the

advocates or legal procurators, taxed in accordance with the last

preceding article, may be enforced by the same court at the suit of

the creditor in the same manner and by the same means as a

judgment of an inferior court in a civil action may be enforced.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 382 Requisites of judgment. — CRIMINAL CODE Open official source

The court, in delivering judgment against the accused,

shall state the facts of which he has been found guilty, shall award

punishment and shall quote the article of this Code or of any other

law creating the offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 382A Restraining Orders. — CRIMINAL CODE Open official source

(1) Without prejudice to its powers under the provisions

of the following articles of this Sub-title, where the court considers

it expedient to do so for any of the purposes mentioned in article

412C(1), it may, in passing judgment against the accused, together

with any punishment to which it may sentence the offender, make

an order (hereinafter referred to as a "restraining order") which

may give effect to any thing provided in sub-article (3) of the said

article 412C and the provisions of sub-articles (8) to (11) of the said

article 412C, both inclusive, shall mutatis mutandis apply.

(2) A restraining order shall remain in force for such period,

not exceeding three years, as specified by the court which may

order that such period shall commence to run from the date of

expiration or remission of the punishment. The provisions of article

412C(6) shall mutatis mutandis also apply to a restraining order.

(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 (2) years or to both such fine and

imprisonment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 383 Power of court to bind over parties. — CRIMINAL CODE Open official source

(1) The court may, where it deems it expedient, in order

to provide for the safety of individuals or for the keeping of the

public peace, in addition to, or in lieu of the punishment applicable

t o t h e o ff e n c e , r e q u i r e t h e o ff e n d e r t o e n t e r i n t o h i s o w n

recognizance in a sum of money to be fixed by the court.

2007. CRIMINAL CODE

(2) Such sum shall not be less than one hundred and sixteen euro

and forty-seven cents (€116.47) nor more than two thousand and three

hundred and twenty-nine euro and thirty-seven cents (€2,329.37)

according to the means of the party entering into a recognizance,

and the term of the recognizance shall not exceed twelve months.

(3) Where the offender entering into a recognizance is, in

respect of the same offence, sentenced to a punishment restrictive

of personal liberty, the term of the recognizance shall commence to

run from the day on which the said punishment is served or

condoned.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 384 Recognizance with surety. — CRIMINAL CODE Open official source

Where, however, there are reasonable grounds to believe

that, for providing for the safety of individuals or for the keeping of

the public peace, the recognizance referred to in the last preceding

article is not sufficient, the court may moreover require the

offender to find a sufficient surety, and the court may further

require that such recognizance, with or without surety, be entered

into for an indefinite period, that is to say, until such time as the

court shall be of opinion that there is good cause for the termination

of the said recognizance.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 385 Detention in default of recognizance. — CRIMINAL CODE Open official source

(1) If, in the cases referred to in articles 35, 36 and 383,

any person refuses to enter into his own recognizance, or if, in the

case referred to in the last preceding article, any person refuses or

is unable to comply with the requirements of the said article, the

court may order such person to be detained until he carries out what

is required of him or, where the court ordered him to find a surety,

until such time as the court, on the application of the person

detained, shall declare that the reasons for which he was ordered to

find a surety have ceased.

(2) The term of detention shall not exceed twelve months.

(3) The provisions of article 12(1) shall, mutatis mutandis,

apply to a person detained under this article.

(4) On satisfying what is required of him, the person detained

may at any time obtain his discharge.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 386 Form of recognizance. Security may consist in deposit of sum of money or pledge. — CRIMINAL CODE Open official source

The party bound over under articles 35, 36 and 383, and

the sureties, if any, shall bind themselves in writing, either jointly

and severally or otherwise, as the court shall direct. The security

may, where the court shall so think fit, be effected by the deposit of

the amount or of an equivalent pledge.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 387 Default of observance of conditions of recognizance. — CRIMINAL CODE Open official source

(1) Where the person bound over as in the preceding

articles mentioned is found guilty by a competent court of having

failed to observe any of the conditions of his recognizance, the sum

for w hic h h e h as b een b ou nd ov er shal l b e forfeite d t o the

Government of Malta.

(2)

Payment may be enforced against the said person and his

sureties in accordance with the provisions of article 585.

(3)

The provisions of article 586 shall also apply.

(4) The recovery or payment of the said sum or the detention

under article 586(1) shall not exempt the person who has made

default in observing the conditions of his recognizance from

punishment for the offence committed by such default.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 388 Access to person under detention. — CRIMINAL CODE Open official source

Access to any person under detention shall always be

allowed during the proper hours.

Sub-title II

O F THE C OURT OF M AGISTRATES AS C OURT

OF C RIMINAL INQUIRY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 389 The Court of Magistrates as court of criminal inquiry. — CRIMINAL CODE Open official source

In respect of offences liable to a punishment exceeding the

jurisdiction of the Court of Magistrates as court of criminal

judicature, the Court of Magistrates shall proceed to the necessary

inquiry.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 390 Mode of procedure in preliminary inquiries. — CRIMINAL CODE Open official source

(1) The court shall hear the charges read by the Attorney

General or the officer of the Executive Police and the report of the

Police officer on oath, shall examine, without oath the party accused

and shall hear the evidence in support of the charges read. Everything

shall be reduced to writing.

(2) The court shall examine and reduce to writing the evidence

adduced on behalf of the accused.

(3) In cases where no proceedings can be instituted except on

the complaint of the injured party, the accused may, even before he

is examined, demand the production of the complaint, if the

complaint was made in writing, or of other evidence of the

complaint, if it was made orally.

(4) The attendance of the complainant shall not be necessary to

prove the complaint, if from other evidence it appears to the

satisfaction of the court that the complaint was made.

(5) If, in the course of the inquiry, the accused shall not have

demanded nor the court ex officio shall have ordered the production

of evidence of the complaint, the complaint shall be presumed to

have been made according to law.

CRIMINAL CODE

(6) The court may, having regard to the circumstances of the

case, ex officio, order that the answers given by the witness, or the

substance thereof, be taken down in shorthand by means of

stenog raphers ap point ed fo r th e purp ose or b e record ed by

electromagnetic means. Shorthand notes shall be taken down in

indelible ink and signed on each page by the stenographers and

shall, together with the transcript, be inserted in original in the

record. The electromagnetic recording shall be transcribed under

the direction of the registrar and the transcript shall be inserted in

the record. In either case, the transcript may be handwritten or

typewritten and shall be read over to the witness, during or after the

sitting, by the registrar who shall make a note of such reading at the

foot of the transcript.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 391 Examination of witnesses. — CRIMINAL CODE Open official source

(1) The witnesses shall be examined by the court. The

name and surname of the witness, the name and surname of the

parents and, if the witness is a person to whom articles 4, 9 and 13

of the Identity Card and other Identity Documents Act, applies, the

number, if known to the witness, of his legally valid identification

document issued under the said Act, as well as the place of birth

and abode of the witness and the language in which he shall have

deposed, shall be noted down at the head of every deposition

Provided that the court may, in exceptional circumstances

and to provide for the safety of the witness, omit the above

particulars, other than the name and surname of the witness and the

language in which he shall have deposed, making a note to that

effect in the record of the proceedings.

(2) If the magistrate is conversant with the language spoken by

the witness, he may himself translate the deposition into the

l a n g u a g e i n w h i c h t h e w r i t te n p r o c e e d i n g s a r e c o n d u c t e d ;

otherwise, or at the request of the accused, a sworn interpreter shall

be employed.

(3) Where the witness is a minor under the age of eighteen (18)

years the witness shall be examined and cross-examined in one

sitting and his testimony shall be recorded by audio-visual means.

The audio-visual recording shall form part of the record of the

proceedings

Provided that for special and exceptional reasons which

arise after the witness has given his testimony the Court may

authorize the hearing of the witness in a subsequent sitting.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 392 Examination of accused. — CRIMINAL CODE Open official source

(1) The examination of the accused referred to in article

390(1), shall, without threat or promise, and without oath, be made

in the following manner

(a) the court shall ask him his name and surname, his age,

his place of birth and abode, his trade, profession or

calling, the name and surname of his parents and

whether his parents are alive or dead;

(b) the court shall ask the accused if and what he wishes to

reply to the charge.

(2) Before asking any of the above questions, the court shall

explain to the accused the nature of the charge preferred against

him and shall inform him that he is not obliged to answer any

question nor to incriminate himself; that he may, if he so desires, be

assisted by advocates or legal procurators and that whatever he says

may be received in evidence against him.

(3) The court shall note down at the head of the examination

that the requirements of the last preceding sub-article have been

complied with.

(4) The answers shall be taken down by the magistrate in the

manner provided in article 391, stating the language in which they

are given.

(5) If the accused stands mute, the court shall note down the

circumstance and shall proceed with the case as if the accused had

pleaded not guilty.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 392A Admission of guilt by the accused during the examination. — CRIMINAL CODE Open official source

(1) If the accused, in answer to the question in article

392(1)(b) or in any stage of the proceedings, states that he is guilty

o f t h e o ff e n c e c h a rg e d a n d t h e s a i d o ff e n c e i s l i a b l e t o a

punishment not exceeding twelve years imprisonment, the court

s h a l l w a r n hi m i n th e m o s t s o le m n m a n n e r a b ou t t he l e g a l

consequences of that reply, and shall allow him a period of time for

him to reply.

(2) Saving the provisions of sub-article (3) and

notwithstanding any other provision of this Code or of any other

law, if the accused persists in his statement that he is guilty of the

offence charged, such reply shall be registered, and the Court as a

court of criminal judicature shall proceed to pass on the accused

such sentence as would according to law be passed on an accused

convicted of the offence and shall order that within six (6) working

days, the Attorney General shall be given access to a scanned copy of

the records, together with access to a scanned copy of the judgment.

(3) Nevertheless, if there is good reason to doubt whether the

offence has really taken place at all, or whether the accused is

g u i l t y o f t h e o ff e n c e , t h e c o u r t s h a l l , n o t w i t h s t a n d i n g t h e

confession of the accused, order that the proceedings be continued

as if the accused had not pleaded guilty.

(4) The provisions of article 370(2) and of article 371 shall

mutatis mutandis apply to proceedings under this article in respect

of an offence to which sub-article (1) applies.

(5) At any stage of the proceedings, the accused and the

Attorney General may agree and may request the court by means of

an application, so that in the case where the accused pleads guilty,

the Court of Magistrates as a court of criminal judicature, shall

apply such sanction or measure or, where it is so provided by law, a

combination of sanctions and measures, of the type and quantity

agreed upon between them, and in respect of which the accused

may be sentenced when he is found guilty for the offence or the

offences with which he has been charged.

(6) In pronouncing judgement the court shall not take into

consideration any agreement on the sentence to be awarded which

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is not made in accordance with sub-article (5).

(7) If the court is satisfied that the sanction or the measure, or

the combination of sanctions or measures requested, as provided

for in the preceding sub-article, are such that it shall be lawful for it

to impose upon finding the accused guilty of the offence for which

the accused has pleaded guilty, and the court feels that it should not

order that the case continues in accordance with the provisions of

sub-article (3) or for any other reason that it should dismiss the

request, and after having clearly explained to the accused the

consequences of his request, the court shall, where an admission of

guilt is made by the accused, proceed to award the sentence

indicated to it by the parties wherein it shall be declared in its

decision that the sentence which is being awarded is being so

awarded on the request of the parties.

(8) The provisions of article 453A(3) to (5), both sub-articles

inclusive, shall, mutatis mutandis, apply to the proceedings under

this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 392B Admission of guilt. — CRIMINAL CODE Open official source

(1) In the case where the accused, in answer to the

question in article 392(1)(b) and in any stage of the proceedings,

states, that he is guilty of the offence charged and the said offence

is liable to a punishment exceeding twelve years imprisonment, the

court shall warn him in the most solemn manner about the legal

consequences of that reply, and shall allow him a period of time for

him to reply. Without prejudice to the provisions of sub-article (3)

of article 392A and notwithstanding any other provision of this

Code or any other law, if the accused persists in his statement that

he is guilty of the offence charged, the court shall, after recording

the admission of guilt

(a) order that the Attorney General, within three (3) working

days, be granted access by electronic means to a scanned

copy of the record of inquiry, together with the objects

relating to the case; and

(b) notify the Registrar of the Criminal Court that an

admission of guilt has been made.

(2) The Attorney General shall be allowed the term of one (1)

month to present a note in the Criminal Court by which note he

shall declare that the charg e presented before th e Court of

Magistrates as a court of inquiry and to which the accused person

has admitted guilt, shall be considered as a bill of indictment; such

declaration shall not in any way give rise to any nullity or other

defect in the proceedings notwithstanding the other provisions of

this Code and of any other law.

(3) Where the Criminal Court is notified by the Court of

Magistrates as a court of inquiry, about the admission of guilt in

accordance with paragraph (b) of sub-article (1), the Criminal

Court shall, within two months from the date of notification,

appoint the date of hearing.

(4) The Criminal Court shall, either ex officio, upon a request

by the Attorney General or by the accused, examine that evidence

that it deems relevant for the purposes of punishment, and after

examining the submissions by the Attorney General and the

accused relating to the punishment, proceed to pass on the accused

such sentence as would according to law be passed on an accused

convicted of the offence.

(5)

(a) The accused and the Attorney General may request the

Criminal Court to apply a sanction or measure or,

where provided for by law, a combination of sanctions

or measures, of the kind and quantity agreed between

them, and to which the accused can be sentenced.

(b) If the court is satisfied that the sanction or the

measure, or the combination of sanctions and measures

requested, as provided for in paragraph (a), is one

which it would been lawful for it to impose upon

conviction of the offence for which the accused has

pleaded guilty, the court shall proceed to pass the

sentence indicated to it by the parties declaring in its

judgement that the sentence being awarded is being so

awarded at the request of the parties.

(c) The provisions of sub-articles (3), (4) and (5) of article

453A shall, mutatis mutandis, apply to this sub-article.

(6) Notwithstanding any other provisions of this Code or any

other law, an admission made and recorded according to the

provisions of sub-article (1) may not be revoked or withdrawn.

(7) When the Criminal Court deems that a formality was not

observed according to this article or there is any other defect in the

proceedings, the Criminal Court shall send all proceedings back to

the Court of Magistrates as a court of inquiry to commence the

inquiry anew.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 392C Payment of costs upon admission of guilt. — CRIMINAL CODE Open official source

(1) Upon an admission of guilt by the accused, whether

during the examination or at any stage of the proceedings, the court

shall, before proceeding to pronounce judgement, ascertain whether

an inquiry relating to the in genere or a repertus has been held and

if in the affirmative, the court shall, in pronouncing judgement or in

any subsequent order, sentence the person convicted or the persons

convicted, jointly or severally, to the payment, wholly or in part, to

t h e r e g i s t r a r, o f t h e c o s t s i n c u r r e d i n c o n n e c t i o n w i t h t h e

employment in the proceedings of any expert or referee, including

such experts as would have been appointed in the examination of

the process verbal of the inquiry, within such period and in such

amount as shall be determined in the judgement or order

Provided that where the said costs are not yet determined at

time of pronouncing the judgement or in the event that any expert

or referee has not presented his report or the process verbal has not

been concluded, the Registrar is empowered to determine the costs,

and to proceed to their recovery from the person or persons

convicted, wholly or in part, as directed by the court in its

judgement

Provided further that the Court shall, before proceeding to

pronounce judgement as aforesaid and in making an order in terms

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of article 23B, ascertain whether an order as is referred to in

articles 23A and 23D has been made, and if in the affirmative, the

provisions of this sub-article shall, mutatis mutandis, apply to any

such order.

(2) The provisions of article 533 shall mutatis mutandis apply

to any order made under this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 393 Cross- examination by the accused. — CRIMINAL CODE Open official source

The accused may cross-examine the witnesses, and his

questions, together with the answers, shall be taken down at the end

of the examination-in-chief.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 394 Noting down of points of fact submitted by accused. — CRIMINAL CODE Open official source

Any point of fact which, upon the examination of any

witness or in the course of the inquiry, is submitted by the accused,

shall be noted down by the court in the corresponding part of the

record.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 395 Depositions of witnesses and examination of accused to be signed by magistrate. — CRIMINAL CODE Open official source

The depositions of the witnesses and the examination of

the accused shall be signed by the magistrate.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 396 Counter-signing of exhibits. — CRIMINAL CODE Open official source

Every document produced in the course of the inquiry shall

b e c o u n t e r- s i g n e d b y t h e m a g i s t r a t e , a n d a r e c o r d o f s u c h

production shall be entered on the document itself by the registrar

or the officer acting in his behalf.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 397 Powers of magistrate during inquiry. — CRIMINAL CODE Open official source

(1) The court may order the attendance of any witness

and the production of any evidence which it may deem necessary,

as well as the issue of any summons or warrant of arrest against any

other principal or accomplice whom the court may discover. The

court may likewise order any inquest, search, experiment, the

taking of any sample and any other measure or thing necessary for

the fullest investigation of the case.

(2) The court may also, under such safeguards as it may

consider necessary for the purpose of decency, examine or order to

be examined by experts any part of the body of the accused or of

the party on whom or with whom the offence is alleged to have

been committed, if the court is of opinion that from such

examination a proof might result either against or in favour of the

accused.

(3) The court may, moreover, at the request of the Attorney

General or the Police, order that any accused person be

photographed or measured or that his finger-prints be taken

Provided that when an accused person, who has not been

previously convicted of crime, is acquitted, all photographs (both

negatives and prints), finger-print impressions, and records of

measurements so taken, shall be destroyed or handed over to the

person acquitted.

(4)

The photographs, finger-print impressions and measure-

ments referred to in the last preceding sub-article shall be taken in

accordance with such regulations as may from time to time be made

by the Minister responsible for justice.

(5) The court may also order the arrest of the accused not

already in custody.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 398 How and where alterations, corrections, or additions may be made. — CRIMINAL CODE Open official source

(1) Where, previously to the signing of any act, it is

necessary to make thereon any alteration, correction or addition,

the same shall be made by means of a note at the foot of the act

itself and before the act is signed. Any alteration, correction or

addition required to be made after the act is signed shall be made

by means of a note in the margin.

(2) No erasure may be made in any act, nor may any blank

space be left therein unless it be lined, and if it is necessary to make

any cancellation, the same shall be made in such a manner as to

leave the word cancelled distinctly legible.

(3) The magistrate shall sign any such notes or cancellation.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 399 Evidence by commission. — CRIMINAL CODE Open official source

(1) When the court decides that the examination of any

witness or any other process of the inquiry by a foreign authority is

indispensably necessary, the request for legal assistance and the

court’s decision shall be served, within three working days, on the

Attorney General who may, within five working days, make any

submissions in writing as he may deem appropriate.

(2) The accused may, not later than four working days from any

such decision, submit an additional request for the examination of

any witness or any other process of the inquiry, and appoint some

person to represent him at the examination or process. Such term

may, upon good cause being shown, be extended

Provided that such term as extended shall not exceed thirty

days from the date of the decision.

(3) The court shall order the transmission of the request for

legal assistance to the foreign authority within three working days

upon the expiry of the period referred to in sub-article (2).

(4) The Criminal Court shall have competence to order the

transmission of the request for legal assistance to the foreign

authority upon an application being made by the Attorney General

or the accused upon the expiry of the time period referred to in sub-

article (3).

(5) The provisions of article 622B of the Code of Organization

and Civil Procedure providing for the audio-recording or video-

recording of evidence or by any other means shall apply to a

request for the examination of any witness under this article.

(6) The provisions of articles 618 and 619 of the Code of

Organization and Civil Procedure shall apply for the purposes of

this article

Provided that where there exists any treaty, convention,

agreement or understanding between Malta and another country or

which applies to both such countries or to which both such

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countries are a party, the request shall be made and transmitted in

terms of the said treaty, convention, agreement or understanding.

(7) For purposes of this article a letter of request shall contain

the following

(a) the object of and the reason for the request;

(b) details of the person or persons named in the request

including, where available, address, date of birth and

nationality;

(c) a description of the offences with which a person has

been charged and the punishment to which the

offences are liable;

(d) a summary of the facts giving rise to the request; and

(e) a copy of the relevant legislation that criminalises the

conduct attributed to the offender and gives

information on the offence, penalty and rights a person

may be afforded.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 400 Accused may be assisted by advocate or legal procurator. — CRIMINAL CODE Open official source

The accused may, in the course of the inquiry, be assisted

by advocates or legal procurators.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 401 Term for conclusion of inquiry. — CRIMINAL CODE Open official source

(1) The inquiry shall be concluded within the term of one

(1) month which may, upon good cause being shown, be extended

by the President of Malta for further periods each of one (1) month,

each such extension being made upon a demand in writing by the

court

Provided that the said term shall not in the aggregate be so

extended to more than three months

Provided further that unless bail has been granted, the

accused shall be brought before the court at least once every fifteen

days in order that the court may decide whether he should again be

remanded in custody.

(2) On the conclusion of the inquiry, the court shall decide

whether there are or not sufficient grounds for committing the

accused for trial on indictment. In the first case, the court shall

commit the accused for trial by the Criminal Court, and, in the

second case, it shall order his discharge.

(3) In either case, the court shall order that the Attorney General be

granted access by electronic means to a scanned copy of the record of

the inquiry, together with all the exhibits related to the case, within three

(3) working days.

(3A) Where the court has committed the accused for trial by the

Criminal Court, the court shall, besides giving the order mentioned in

sub-article (3), adjourn the case to another date, being a date not

earlier than one (1) month but not later than six (6) weeks from the

date of the adjournment. The court shall also adjourn the case as

aforesaid to a date falling after the court shall have received the note of

referral according to sub-article (2) of article 405 from the Attorney

General and falling before the date when it shall grant access again by

electronic means to the record of the inquiry together with all the

exhibits and documents in the case to the Attorney General in terms of

any provision of this Code.

(4) In deciding whether there are or not sufficient grounds for

committing the accused for trial on indictment the court shall not

consider any question of prescription or any plea as is mentioned in

article 449(1)(d).

(5) During the term stipulated in sub-article (3A), the Criminal

Court shall be competent to decide on demands that are filed during

the said term.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 402 Suspension of term for inquiry, — CRIMINAL CODE Open official source

(1) The terms referred to in the last preceding article, in

article 407 and in article 432(3) shall be held in abeyance -

(a) if it is alleged or if there is reason to believe that the

accused was insane at the time of the offence or that he

is insane at the time of the inquiry;

(b) if the accused owing to illness or for any other cause,

is unable to appear;

(c) if there has been any order for the examination of any

witness or for any other process of the inquiry under

article 399;

(d) when the court accedes to a request made in terms of

article 46(3) of the Constitution.

(2)

Such terms may also be held in abeyance -

(a) if any witness is so infirm as to be unable to give

evidence even in his place of abode;

(b) if the accused cannot be found and there is reason to

believe that he has absconded or left Malta.

(3) In the case referred to in sub-article (1)(a), the court shall

appoint one or more experts to examine the accused and the facts

relating to the alleged insanity.

(4) If from the report of the experts, it appears that the accused

was insane at the time of the commission of the offence, the court

shall order that the Attorney General shall be given access by

electronic means to a scanned copy of the record of the inquiry within

three (3) working days and shall make an order as provided in article

623. (5)

If, upon receipt of the scanned record by electronic

means, the Attorney General decides to contest the finding of the

experts that the accused was insane, he may, within the term

prescribed in article 432(1), request that the inquiry into the merits

of the case be proceeded with, or file an application before the

Criminal Court submitting the issue to that court, so that action

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may be taken as provided in articles 620, 627 and 628

Provided that the Attorney General shall file such application

if the accused by application to the court of criminal inquiry makes a

request to that effect before access to the scanned record by electronic

means is granted to the Attorney General in terms of the last preceding

sub-article.

(6) If from the report of the experts, it appears that the accused

was insane at the time of the inquiry, the court shall proceed with

the inquiry into the merits of the charge.

(7) In the cases referred to in sub-articles (5) and (6), the

inquiry may be continued in the absence of the accused, and if he is

not assisted by an advocate or legal procurator, the provisions of

article 519 shall apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 402A Terms under article 402(1) to run anew. — CRIMINAL CODE Open official source

Where in respect of a person charged before the Courts of

Magistrates as a court of criminal inquiry a court has made an order

for his temporary surrender to a foreign State requesting his

extradition or to any other foreign competent authority requesting

his surrender, the terms referred to in article 402(1) shall, from the

date of his return to Malta, recommence to run anew.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 403 When court is of opinion that offence is triable by the Court of Magistrates as court of criminal judicature. — CRIMINAL CODE Open official source

(1) If, on the conclusion of the inquiry, it appears to the

court that the offence is not one within the jurisdiction of the

Criminal Court but is one within the jurisdiction of the Court of

Magistrates as court of criminal judicature and for the prosecution

of which the complaint of the injured party is not required, the

court conducting the inquiry shall give judgment as provided in

article 377 and shall order that the record, together with a copy of

the judgment, be transmitted to the Attorney General, as provided

in article 401(3).

(2) The provisions of sub-article (1) shall apply also in the case

where the offence is one triable on the complaint of the injured

party and such party does not appear to waive the complaint.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 404 Duty of Executive Police to continue investigation after discharge of accused for want of evidence. — CRIMINAL CODE Open official source

In every case where the Court of Magistrates discharges an

accused for want of evidence, it shall be the duty of the Executive

Police to continue to make further and fuller investigation into the

case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 405 Re-examination of witnesses or examination of new witnesses upon demand of Attorney General. — CRIMINAL CODE Open official source

(1) The court shall, after ordering that the Attorney General

be granted access by electronic means to the record of the inquiry and to

all the exhibits in the case, after ordering the committal of the accused

for trial, and before the filing of the bill of indictment, upon the demand

in writing of the Attorney General, further examine any witness

previously heard or examine any new witness.

(2) The Attorney General shall, for such purpose, transmit to the

court the demand, stating therein the subject on which the examination

or re-examination is to take place.

(3) The witnesses shall be examined or re-examined in the

presence of the accused in order that he may have the opportunity

of cross-examining them, and, for such purpose, the court shall

order the accused, if in custody, to be brought up, and, if not in

custody, to be summoned to appear before it.

(4) If the accused fails to appear to the summons, the witness

shall be examined and his deposition shall be considered as if it had

been taken in the presence of the accused.

(5) The provisions of the preceding sub-articles shall apply in the

case of witnesses whom the accused may wish to examine or re-

examine. In such case, the demand shall be communicated to the

Attorney General. The court shall then cause the Attorney General or

the Commissioner of Police to be notified of the day appointed for the

hearing of the witnesses in order that they or any other officer under

their charge may if they so desire, appear and cross-examine the

witnesses.

(6) Access by electronic means to the depositions of witnesses

taken under this article shall, without delay, be transmitted to the

Attorney General.

(7) When the demand for the examination of witnesses is made by

the person charged, the term for the filing of the indictment shall

commence to run from the day on which access by electronic means to

the scanned record of the inquiry, together with access by electronic

means to the depositions of the witnesses so examined, shall be re-

transmitted to the Attorney General.

(8) The court shall proceed to take any other action or measure

relating to the inquiry as may be demanded in writing by the

Attorney General.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 406 — CRIMINAL CODE Open official source

(1) Where the indictment has already been filed, the

demand of the Attorney General or of the accused, referred to in the

last preceding article, shall be made by an application to the

Criminal Court. Such application shall contain a list of the

proposed witnesses and a clear indication of the subject on which

they are to be examined. The court, if it allows the application,

shall order the hearing of the witnesses, and shall, for this purpose,

direct that the application be transmitted to the Court of

Magistrates as a court of criminal inquiry, and the latter court shall

proceed in accordance with the provisions of the said article.

(2) The record of the proceedings shall be forwarded by the

registrar to the Court of Magistrates together with the said application.

(3) The Court of Magistrates shall send back the record, together

with the depositions taken, to the Criminal Court, and shall order that

the Attorney General be granted, within three (3) days, access by

electronic means to the scanned evidence of the witnesses if heard.

(4) The demand for the hearing of witnesses in the cases

referred to in this article shall not be granted, unless the court is

satisfied that the witnesses are about to leave Malta or are in danger

of life or are in such a condition as to be probably unable to attend

in court on the day appointed for the trial; and if the hearing of the

witnesses takes place after the lapse of the term fixed in article 438

for the filing of the list of the witnesses to be produced at the trial,

their depositions shall not be admissible except with the leave of

the Criminal Court to be granted only if the said court, having

regard to the circumstances of the case, is of opinion that the

evidence resulting therefrom is relevant.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 407 — CRIMINAL CODE Open official source

In the cases referred to in the first part of article 402(5)

a nd i n th e la st prec edi n g tw o articles, the in qu iry sh al l be

concluded within the term mentioned in article 401(1) to be

reckoned from the day on which the record is received by the court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 408 Access to accused during inquiry. — CRIMINAL CODE Open official source

(1) During the inquiry and until access by electronic means

of the scanned record is given to the Attorney General, no access to the

party accused, when in custody, shall be allowed except with the

permission of the inquiring magistrate..

(2) Such permission shall not be granted if the magistrate

deems it prejudicial to the ends of justice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 409 When inquiry may be held with closed doors. — CRIMINAL CODE Open official source

(1) It shall be lawful for the court to order the

proceedings to be conducted with closed doors, if it appears to it

that the ends of justice would be prejudiced if the inquiry were

conducted in open court.

(2) In any such case, the officials attached to the court and

taking part in the inquiry shall be bound not to disclose the

proceedings thereof under the penalty provided in article 257.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 409A Application by person in custody alleging unlawful detention. — CRIMINAL CODE Open official source

(1) Any person who alleges he is being unlawfully

detained under the authority of the Police or of any other public

authority not in connection with any offence with which he is

charged or accused before a court may at any time apply to the

Court of Magistrates, which shall have the same powers which that

court has as a court of criminal inquiry, demanding his release from

custody. Any such application shall be appointed for hearing with

urgency and the application together with the date of the hearing

shall be served on the same day of the application on the applicant

and on the Commissioner of Police or on the public authority under

whose authority the applicant is allegedly being unlawfully

detained. The Commissioner of Police or public authority, as the

case may be, may file a reply by not later than the day of the

hearing.

(2) On the day appointed for the hearing of the application the

court shall summarily hear the applicant and the respondents and

any relevant evidence produced by them in support of their

submissions and on the reasons and circumstances militating in

favour or against the lawfulness of the continued detention of the

applicant.

(3) If, having heard the evidence produced and the submissions

made by the applicant and respondents, the court finds that the

continued detention of the applicant is not founded on any

provision of this Code or of any other law which authorises the

arrest and detention of the applicant it shall allow the application.

Otherwise the court shall refuse the application.

(4) Where the court decides to allow the application, access by

electronic means to the scanned record of the proceedings, including a

scanned copy of the court’s decision, shall be transmitted to the

Attorney General by not later than the next working day and the

Attorney General may, within two (2) working days from receipt of the

access by electronic means of the scanned record and if he is of the

opinion that the arrest and continued detention of the person released

from custody was founded on any provision of this Code or of any

other law, apply to the Criminal Court to obtain the re-arrest and

continued detention of the person so released from custody.

G ENERAL P ROVISIONS APPLICABLE TO THE C OURT OF

M AGISTRATES WHETHER AS C OURT OF C RIMINAL J UDICATURE

OR AS C OURT OF C RIMINAL I NQUIRY

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 410 Right of complainant or his advocate or legal procurator to be present at the proceedings. — CRIMINAL CODE Open official source

(1) In any proceedings instituted by the Attorney General

or by the Executive Police on the complaint of the injured party, it

shall be lawful for the complainant to be present at the proceedings,

to engage an advocate or a legal procurator to assist him, to

examine or cross-examine witnesses and to produce, in support of

t h e c h a rg e , s u c h o t h e r e v i d e n c e a s t h e c o u r t m ay c o n s i d e r

admissible.

CRIMINAL CODE

(2) Where the complainant is to be heard on oath, his evidence

shall be taken before that of any other witness of the prosecution,

saving the case where, in the opinion of the court, his evidence

becomes necessary even at a later stage of the proceedings, or

where the accused applies for such evidence at any stage of the

proceedings, or where the court sees fit to vary the course of the

taking of the evidence.

(3) In any proceedings instituted by the Executive Police ex

officio, it shall be lawful for the Police and for the party injured to

engage an advocate or a legal procurator to assist them; such

advocate or legal procurator may examine or cross-examine

witnesses, produce evidence or make, in support of the charge, any

other submission which the court may consider admissible.

(4) Without prejudice to the provisions of sub-article (3) and

subject to the provisions of sub-article (6), any party injured having

an interest in being present during any proceedings instituted by the

Executive Police shall have the right to communicate that interest

to the police giving his or her particulars and residential address

whereupon that injured party shall be served with a notice of the

date, place and time of the first hearing in those proceedings and

shall have the right to be present in court during that and all

subsequent hearings even if he is a witness.

(5) Without prejudice to the provisions of sub-article (3) and

subject to the provisions of sub-article (6), any person not served

with the notice referred to in sub-article (4) and claiming to be an

injured party may apply to the court to be admitted into the

proceedings as an injured party and if his claim that he is an injured

party is allowed by the court that person shall thereupon have the

right to be present at all subsequent hearings even if he is a witness.

(6) The failure to serve the injured party with the notice of the

date of the first hearing after an attempt has been made to that

effect or the absence for any reason of the injured party at any

sitting shall not preclude the court from proceeding with the trial or

inquiry until its conclusion.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 411 Taxation of fees of advocate or legal procurator in proceedings instituted by the Police. — CRIMINAL CODE Open official source

(1) In the case of proceedings instituted by the Executive

Police, the fees of the advocate or legal procurator shall be taxed in

accordance with the scale in Schedule C annexed to this Code. The

taxed bill of such fees may be impugned and shall be enforceable in

the same manner as the taxed bills of judicial costs referred to in

article 253(c) of the Code of Organization and Civil Procedure.

(2) The registrar may, in connection with the taxation of any

fee, consult the magistrate by whom the offence was tried, with

regard to the im portance of th e charge, the duration of the

proceedings and other circumstances. The advocate or legal

procurator may also apply to the said magistrate for the re-taxing of

any fee within the scale in Schedule C annexed to this Code.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 412 Days on which the Court of Magistrates may hold sittings. — CRIMINAL CODE Open official source

(1) The Court of Magistrates shall hold its ordinary

sittings every day, except Saturdays, public holidays as provided in

the National Day and other Public Holidays Act, and Wednesday

and Thursday of Holy Week.

(2) Nevertheless, where the matter relates to the binding over

of the offender under articles 383 and 384, or to the performance of

any act in connection with any inquest or other inquiry referred to

in this Code or to any bail or to the issue of any urgent summons or

to the examination of any witness who is about to leave Malta or is

in danger of life, it shall be lawful for the magistrate to sit for the

despatch of business on the days mentioned in sub-article (1) and in

any place where it may be necessary.

(3) The Court of Magistrates (Malta) shall hold its sittings in

Valletta and the Court of Magistrates (Gozo) shall hold its sittings

in Victoria

Provided that it shall be lawful for the Minister responsible

for justice, by notice, to fix any other place where the said courts,

as courts of criminal judicature, may hold their sittings

Provided further that the Court of Magistrates, even as a

court of criminal judicature, may hold its sittings at the Lazaretto

or in any other place that it may deem proper, if the accused or any

witness is performing quarantine, and the court itself shall not

deem it expedient to adjourn the cause until the expiration of the

period of quarantine.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 412A Conditions on person charged or accused not in custody. — CRIMINAL CODE Open official source

(1) When the person charged or accused brought before

the Court of Magistrates, whether as a court of criminal judicature

or as a court of criminal inquiry, is not in custody the Attorney

General or the Police may thereupon or at any stage of the

proceedings thereafter request the court to impose conditions upon

the person charged or accused in order to ensure the appearance of

that person at the proceedings on the appointed time and place or to

otherwise ensure that that person will not in any way unlawfully

i n t e r f e r e i n t h e c o r r e c t a d m i n i s t r a t i o n o f j u s t i c e in those

proceedings

Provided that regulations made by the Minister responsible

for justice in accordance with the proviso to article 574(1) shall apply

in respect of the enforcement of the conditions imposed by the court

under this sub-article, also including insofar as they may provide for

the use of electronic or other systems for the management of bail.

(2) The court may require the giving of sufficient security by

the person charged or accused by the mere recognizance of the

same person charged or accused in order to ensure that he abides by

the conditions imposed upon him by the court and the provisions of

articles 576 and 584, shall apply to the security given under this

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sub-article.

(3) The sum given by way of security shall be forfeited to the

Government of Malta and a warrant of arrest shall be issued against

the person charged or accused where that person fails to observe

any of the conditions imposed by the court in pursuance of the

provisions of this article and in any of the other circumstances

mentioned in article 579 provided that the Court may decide not to

apply the provisions of this sub-article or not to apply them to their full

extent where the court considers that the infringement of the

condition imposed by the court is not of serious consequence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 412B Application by person in custody pending criminal proceedings alleging unlawful detention. — CRIMINAL CODE Open official source

(1) Any person in custody for an offence for which he is

charged or accused before the Court of Magistrates and who, at any

stage other than that to which article 574A applies, alleges that his

continued detention is not in accordance with the law may at any

time apply to the court demanding his release from custody. Any

such application shall be appointed for hearing with urgency and

together with the date of the hearing shall be served on the same

day of the application on the Commissioner of Police or, as the case

may be, on the Commissioner of Police and the Attorney General,

who may file a reply thereto by not later than the day of the

hearing.

(2) The provisions of article 574A(2) and (3) shall mutatis

mutandis apply to an application under this article.

(3) Where the application is filed in connection with proceedings

pending before the Court of Magistrates as a court of criminal inquiry

before a bill of indictment has been filed or if the term referred in sub-

article (3A) of article 401 is still running, the application shall be filed

in the Criminal Court and the foregoing provisions of this article shall

mutatis mutandis apply thereto.

(4) The provisions of article 409A(4) shall apply to a decision

of the Court of Magistrates under this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 412C Protection Orders. — CRIMINAL CODE Open official source

(1)Where a person (hereinafter in this article and in article

412D referred to as "the accused") has been charged or accused

with an offence before the Court of Magistrates whether as a Court

of inquiry or as a Court of criminal judicature, the Court may,

either ex officio or at the request of any party to the proceedings, on

2007. reasonable grounds, for the purpose of providing for the safety of

the injured person or of other individuals or for the keeping of the

public peace or for the purpose of protecting the injured person or

other individuals from harassment or other conduct which will

cause a fear of violence, issue a protection order against the

accused.

(2) Where a protection order is requested by any party to the

proceedings, such request shall be appointed for hearing to

determine whether there is sufficient prima facie evidence for it to

be issued by the Court within seven days from when such request is

made.

(3) Before issuing a protection order, the Court shall take into

account

(a) the need to ensure that the injured person or other

individual specified in the order is protected from

injury or molestation; and

(b) the welfare of any children or any dependants who

may be affected by the order; and

(c) the accommodation needs of all persons who may be

affected by the order, in particular of the injured

person, his children and his other dependants; and

(d) any hardship that may be caused to the accused or to

any other person as a result of making the order; and

(e) the accused’s willingness or otherwise to submit to

such treatment as the Court may deem appropriate; and

(f)

any other matter that, in the circumstances of the case,

the Court considers relevant

Provided that particular attention shall be given to the

matters in paragraphs (a), (b) and (e).

(4) The Court shall always issue a protection order in those

instances where, following a risk assessment of the injured party or

any other relevant person, it becomes apparent that such person is

at a very high risk.

(5) When issuing a protection order, the Court shall outline the

formal requirements of such order, and, if applicable, delineate any

prohibited areas and other prohibited conduct.

(6) When issuing a protection order under this article, the

Court shall immediately communicate such order to the

Commissioner of Police, who shall take all actions necessary to

ensure monitoring of the conditions of such order, including, if

appropriate, by electronic means.

(7) A protection order may impose any restrictions or

prohibitions on the accused that appear to the Court necessary or

desirable in the circumstances in order to give effect to any of the

purposes mentioned in sub-article (1).

(8) Without limiting the nature of the orders which may be

made under sub-article (1), a protection order may do all or any of

the following

(a) prohibit or restrict the accused from approaching or

following the movements of the injured person or any

other individual specified in the order; or

(b) prohibit or restrict access by the accused, to premises

in which the injured person, or any other individual

specified in the order, lives, works or frequents even if

the accused has a legal interest in those premises; or

(c) prohibit the accused from contacting or molesting the

injured person or any other individual specified in the

order.

(9) A protection order shall remain in force for a period, not

exceeding five years, specified by the Court, but can be revoked or

extended for further periods.

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(10) A party to the proceedings in which an order has been made

under this article or any other individual mentioned in the order,

may apply to the Court at any time for the extension, variation or

revocation of the order and after all the parties have had an

opportunity to be heard the Court shall, in determining whether to

extend, vary or revoke an order, have regard to the matters

specified in sub-article (3).

(11) If without reasonable excuse the accused 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.

(12) The Court may also order that any arm proper or arm

improper, as defined in article 64, be deposited with the Court’s

registrar.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 412D Treatment Orders. — CRIMINAL CODE Open official source

(1) Together with or separately from a protection order

under article 412C, and provided the court is satisfied that proper

arrangements have been made or can be made for treatment, the

court may make an order (hereinafter in this article referred to as a

"treatment order") requiring a person to submit to treatment subject

to the conditions which the court may deem appropriate to lay

down in the order

Provided that where any person is convicted with an

offence, a treatment order by the court may be made with or

without the consent of the convicted person and in the case of a

person accused with an offence, a treatment order may only be

made with the consent of the accused.

(2) The treatment may be of any of the kinds specified in

article 7(5) of the Probation Act.

(3) The provisions of article 412C(9) and (10) shall apply to an

order under this article.

(4) If at any time during the period that the order is in force it is

proved to the satisfaction of the court that the person has failed to

comply with any of the requirements or conditions of the order, the

court may impose on such person a fine (ammenda) not exceeding

one thousand and one hundred and sixty-four euro and sixty-nine

cents (€1164.69).

Sub-title III

O F A PPEALS FROM J UDGMENTS OF THE C OURT OF

M AGISTRATES AS C OURT OF C RIMINAL J UDICATURE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 413 Appeals from judgments of the Court of Magistrates as court of criminal judicature. — CRIMINAL CODE Open official source

(1) Any judgment of the Court of Magistrates may be

appealed against -

(a) by the party convicted;

(b) in cases relating to summary proceedings for offences

within the jurisdiction of the Court of Magistrates as a

Court of Criminal Judicature under article 370(1), by

the Attorney General, and, in the cases mentioned in

article 373, by the complainant where

(i)

the inferior court rules that it has no jurisdiction

to take cognizance of the offence;

(ii) the fact of which the party accused has been

convicted is liable to a punishment exceeding

the jurisdiction of that court as a court of

criminal judicature;

(iii) the punishment awarded by the inferior court, is,

by reason of its quality or quantity, different

from that prescribed by law for the offence for

which the party convicted has been sentenced;

(iv) the accused or defendant is acquitted on the

ground -

(i) that the fact does not contain the

ingredients of an offence,

(ii) of extinguishment of action,

(iii) of a previous conviction or acquittal;

(v) the defendant, in a case in which he has been

allowed to prove the truth of the fact attributed

to the complainant in accordance with the

provisions of article 253, is declared to be

exempt from punishment;

(vi) the Police, or, as the case may be, the

complainant has not been allowed at the trial to

produce, in support of the charge, some

indispensable evidence which was admissible

according to law;

(vii) the party accused was released from any of the

obligations referred to in article 321 of the Code

of Police Laws or in article 377 of this Code, or

from the observance of any of the prohibitions

made, or from the observance or execution of

any of the prohibitions or orders made or given,

by the Police or by any other public officer,

under the Code of Police Laws or any other law;

(viii) the judgement of the inferior court is null by

reason of lack of formality or procedural

requirements;

(c) in all other cases by the Attorney General.

(2) Where a judgement is given in respect of several offences

and a right of appeal under paragraph (c) of the preceding sub-

article, or under any other law, is competent in respect of one of

those offences, an appeal shall lie in respect of any other of those

CRIMINAL CODE

offences within the jurisdiction of the Court of Magistrates as a

court of criminal judicature under article 370(1) connected with

that offence.

There is connection between offences when -

(i)

the facts of the offences are substantially the same; or

(ii) an offence has served as a means for the commission

of another offence; or

(iii) the proof of an offence or of a circumstance thereof

has a bearing on the proof of another offence or of a

circumstance thereof.

(3) Where the accused or defendant is acquitted on any of the

grounds laid down in sub-article (1)(b) (iv), (v) and (vi), the court

shall clearly state such ground in the judgment, in default whereof

the decision shall be null, and such nullity shall constitute a ground

for appeal by the Attorney General, and, in the cases referred to in

article 373, by the complainant.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 414 Demand of Police for transmission of record of proceedings to Attorney General. — CRIMINAL CODE Open official source

(1) Where the proceedings have been instituted by the

Police, the court by which the judgment has been delivered shall,

on a demand in writing by the Police or by the injured party served

with the notice of first hearing or admitted into the proceedings as

provided in sub-articles (4) and (5) of article 410, to be made to it

not later than four (4) working days from the delivery of such

judgment, grant access by electronic means through the registrar,

within three (3) working days from such demand, to a scanned copy

of the judgment, together with a scanned copy of the record of the

proceedings and the notes of the depositions, if any would have

been noted in writing, to the Attorney General.

(2) In the case of judgments by the Court of Magistrates (Gozo),

the scanned copy of the judgment, together with the scanned copy of the

record of the proceedings and the notes of the depositions, if any would

have been noted in writing, shall be sent by electronic means.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 415 Appeal from interlocutory decrees. — CRIMINAL CODE Open official source

(1) An appeal from an interlocutory decree which does

not bar the continuation of the cause, may be entered only after the

definitive judgment and together with an appeal from such

judgment.

(2) If no appeal lies from the definitive judgment, no appeal

from any interlocutory decree shall be allowed.

(3) The voluntary execution of an interlocutory decree shall not

operate as to bar an appeal therefrom.

(4) An appeal from the merits shall include an appeal from the

interlocutory decrees, even though such decrees may not have been

specifically indicated.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 416 Stay of execution of judgment on appeal by party convicted when not in custody. — CRIMINAL CODE Open official source

(1) The party convicted who is not in custody for the

offence of which he has been convicted may, on making, even

orally, a declaration that he desires to enter an appeal against the

judgment, obtain from the inferior court a stay of execution of the

judgment, provided he gives sufficient security in terms of article

577(1) to appear at the proceedings before the superior court when

called upon by such court; and in such case t he p rovisions

contained in articles 579, 581, 583, 585, 586 and 587 shall apply.

(1A) Where the party convicted who is not in custody for the

offence of which that party has been convicted is sentenced to

imprisonment or detention and immediately prior to conviction that

party was on bail as provided in Title IV of Part II of Book Second

of this Code the conditions attaching to that bail, including the

mode of security and the sum or equivalent pledge, if any, specified

in the bail bond, shall continue to apply in addition to the security

required under sub-article (1) upon obtaining a stay of execution of

the judgement as provided in that sub-article either until the lapse

of the time for the filing of the appeal if no appeal is filed or if

otherwise until the determination of the appeal.

(2) The amount of the security shall be fixed by the inferior

court, in accordance with the rules set out in articles 576 and 584

Provided that where only a pecuniary penalty has been

awarded, the amount of the security shall be equal to the amount of

the penalty, and in such case the court may require that the security

shall be either in the form of a deposit of a sum equal to the said

amount or in the form of a bank guarantee, made out to its

satisfaction, for the said amount; but the security shall not be

required except on the demand of the prosecution and on good

cause being shown to the satisfaction of the court. In any such case,

the security shall be ordered by the inferior court, during the time

allowed for entering the appeal, or by the superior court after the

entering thereof.

(3) A declaration of appeal shall stay the execution of the

judgment in regard to the party convicted who is in custody, and

such party may obtain, during the time allowed for entering the

appeal and during the hearing of the appeal, his temporary release

in cases where bail may be granted under the provisions contained

in Title IV of Part II of Book Second of this Code.

(3A) The failure to make a declaration of appeal as provided in

su b-articl e (3 ) sh all n ot precl ude t he p arty conv icted from

appealing the judgement provided that such appeal is filed within

the time allowed for entering such appeal.

(4) In no case shall the appeal entered by the Attorney General

or by the complainant operate as a stay of execution of the

judgment.

(5) If the party convicted, after making the declaration that he

desires to enter an appeal, fails to give security as provided in the

preceding sub-articles of this article, he shall be kept in custody

until he gives security, or, otherwise, until the determination of the

appeal.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 417 Form of and time for entering appeal. — CRIMINAL CODE Open official source

(1) The appeal shall be brought before the Court of

Criminal Appeal by an application to be filed within twelve working

days, and, to run, for the person convicted and for the complainant,

from the day on which the definitive judgment is delivered, and, for

the Attorney General, from the day on which he is given access by

electronic means of the scanned record

Provided that in the case of an appeal from a judgment of

the Court of Magistrates (Gozo) the application of appeal may be

filed in the registry of that Court and transmitted through the

registrar to the registry of the Court of Criminal Appeal together

with a copy of the judgment, the record of the proceedings and the

notes of the depositions, if any, unless these have already been so

transmitted in pursuance of the provisions of sub-article (2) of

article 414; and provided also that in any case of an appeal from

such a judgment as aforesaid, all acts subsequent to the application

of appeal, whether such application was filed as aforesaid or in the

registry of the Court of Criminal Appeal, may also be filed in the

Court of Magistrates (Gozo) and transmitted to the registry of the

Court of Criminal Appeal as aforesaid.

(2) A person who has been discharged either absolutely or

conditionally or in whose case a probation order has been made by

the Court of Magistrates may appeal from his conviction, within the

time prescribed in sub-article (1), to run from the day on which the

order for discharge or the probation order is made. On any such

appeal, the Court of Criminal Appeal shall have, in addition to the

powers under this Sub-title, the power of amending, altering or

cancelling any of the conditions or requirements of the order for

discharge or the probation order.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 418 Constitution of Court of Criminal Appeal for appeals from judgments of the Court of Magistrates. — CRIMINAL CODE Open official source

(1) One of the judges ordinarily sitting in the Court of

Criminal Appeal or ordinarily sitting in the Criminal Court shall sit

without a jury in the Court of Criminal Appeal for the hearing and

determination of appeals from judgments of the Court of

Magistrates.

(2) For the hearing of appeals from decisions of the Court of

Magistrates (Gozo) as court of criminal judicature the Court of

Criminal Appeal shall hold its sittings in Gozo.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 419 Contents of application for appeal. — CRIMINAL CODE Open official source

(1) Besides the indications common to judicial acts, the

application shall, contain -

(a) a brief statement of the facts;

(b) the grounds of the appeal;

(c) a demand that the judgment of the inferior court be

reversed or varied.

(2) If the appeal is made by the Attorney General, the application

shall, under pain of nullity, be signed by him and shall be filed in the

the superior court.

(3)

Where the appellant is not the Attorney General, the

application shall be signed, under pain of nullity, by an advocate,

and shall be filed in the registry of the court which shall have

pronounced the judgment appealed from. The registrar shall, within

two working days from the receipt of the application, transmit the

same to the superior court, together with a copy of the judgment,

t h e n o t e s o f t h e d e p o s i t i o n s , i f a n y, a n d t h e r e c o r d o f t h e

proceedings.

(3A) When the appellant is not the Attorney General, the

application shall contain the address where the appellant usually

resides at the time of its filing in the registry of the court

Provided that where, in the course of the appeal, the appellant,

who is not the Attorney General, changes the address above, he shall

inform immediately the court by means of a note filed in the registry of

the same court.

(4) In case of appeals from the Court of Magistrates (Gozo),

the ap pli cat ion , t he co py o f t he j udgm ent, t he n otes of th e

depositions, if any, and the record of the proceedings, may be sent

by post.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 420 Free legal aid. — CRIMINAL CODE Open official source

The appellant as well as the respondent may be assisted

by the Advocate for Legal Aid and the provisions of article 570

shall apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 421 Notice of day appointed for hearing of appeal. — CRIMINAL CODE Open official source

(1) Notice of the day appointed by the superior court for

the hearing of the appeal shall be given to the parties and to the

injured party served with the notice of first hearing or admitted into

the proceedings as provided in article 410(4) and (5) by means of a

written order signed by the Registrar of Courts

Provided that the failure to serve the injured party with the

notice of the date of the first hearing after an attempt has been

made to that effect or the absence of the injured party for any

reason at any sitting shall not preclude the court from proceeding

with the appeal until final judgment

Provided further that if the service of the notice of the date of

the first hearing of the appeal is not delivered to the appellant in person,

the notice shall be effected at the address of the residence mentioned in

the application of appeal, or, if a note is filed in the court registry by the

appellant, who is not the Attorney General, in accordance with sub-

article (3A) of article 419, in the new indicated address in that note. If

the party at the time of service is not to be found at that residence, the

court marshal shall notify the party outside legal hours. If, even in this

case, the notice is not delivered, then the court marshal shall

immediately affix the notice on the outside door of that residence.

(2) Where the appellant is not the Attorney General, and the

proceedings before the inferior court have been instituted by the

Police, the said notice shall be given to the Attorney General for

the respondent.

(3) The injured party served with the notice of first hearing or

admitted into the proceedings as provided in article 410(4) and (5)

CRIMINAL CODE

may be present at any appeal hearing and may engage an advocate

to assist him although he might not have been served with the

notice referred to in sub-article (1) and although he may be a

witness in the proceedings; any advocate engaged by the injured

party may examine or cross-examine witnesses and make any other

submission which the court may consider admissible.

(4) Notice in writing, as provided in sub-article (1), shall also

be given to the party in whose absence the appeal shall have been

put off.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 422 Non-appearance of appellant. — CRIMINAL CODE Open official source

(1) If, on any day appointed for the hearing of the appeal,

the appellant fails to appear, his appeal shall be taken to have been

abandoned and the judgment appealed from shall be carried into

effect; but on an application by the appellant, filed within eight

days from the day above-mentioned, together with a declaration

sworn before the registrar by the appellant to the effect that he was,

on account of illness or for any other reason independent of his

will, to be expressly stated in the application, unable to attend on

the day appointed as aforesaid, the court shall appoint another day

for the hearing of the appeal, in which case the provisions of sub-

articles (1) and (2) of the last preceding article shall apply

Provided that the court may, in exceptional circumstances,

appoint another day for the hearing of the appeal even where the

application is filed after the term mentioned in sub-article (1) has

lapsed.

(2) If the respondent fails to appear, the court shall hear the

appellant, and shall deliver judgment according to law.

(3) Where the appellant was on bail as provided in article

416(1A) and (3) prior to the abandonment of the appeal, his request

for temporary release from custody may be made in the same

application mentioned in sub-article (1).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 423 Appearance of appellant when in custody. — CRIMINAL CODE Open official source

If, on the day appointed for the hearing of the appeal, the

appellant is in custody, the provision contained in article 443(1)

shall apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 424 When new witnesses are admissible. — CRIMINAL CODE Open official source

No new witnesses may be produced before the superior

court, except -

(a) when it is proved by oath or other evidence that the

party requesting the production of the new witnesses

had no knowledge of them, or could not, with the

means provided by law, have produced them before the

inferior court;

(b) when the evidence shall have been tendered before the

inferior court, and such court shall have wrongly

rejected it.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 425 Adjournment of cause on account of non- appearance of witnesses. — CRIMINAL CODE Open official source

If any witness duly summoned fails to appear, and the

court deems it necessary to hear such witness, the court may

adjourn the hearing of the appeal to another day, and the provisions

of article 441, in so far as applicable, shall apply. Unless the court

orders otherwise, witnesses shall be summoned by the Police in the

manner provided for in article 365.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 426 Expenses for summoning witnesses on behalf of party having free legal aid. — CRIMINAL CODE Open official source

Where, in the cases referred to in article 420, the party is

assisted by the Advocate for Legal Aid, or by another advocate

assigned by the court in his stead, the expenses for the summoning

of witnesses shall provisionally be defrayed by the Police.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 427 Order of hearing of cause. — CRIMINAL CODE Open official source

Saving the provision of article 422(2), the court shall hear

the appellant and the respondent, in the order which it shall deem

most convenient, regard being had to the circumstances of the case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 428 Powers of appellate court. — CRIMINAL CODE Open official source

(1) If the superior court finds that the fact attributed to

t h e o ff e n d e r c o n s t i t u t e s an o ff e n ce l i a b l e t o a p u n i s h m e n t

exceeding the jurisdiction of the Court of Magistrates as court of

criminal judicature, it shall quash the judgment, and shall transmit

the record to the Court of Magistrates to proceed according to law.

(2) If the court finds that the offence attributed to the offender

was not within the jurisdiction of the inferior court by which it was

tried, but that it was within the jurisdiction of another inferior

court, the superior court shall quash the judgment and refer the case

to the competent court. But in this case the plea to the jurisdiction

of the court shall not be allowed -

(a) if it was not raised before the inferior court;

(b) if, having been raised, it was expressly or tacitly

waived.

(3) If the superior court finds that the inferior court, being

competent to deal with the case, declared that it was not so

competent, it shall quash the judgment, and shall proceed to

determine the merits of the case. The same procedure shall be

followed where the superior court finds that a breach or an

omission of any of the formalities prescribed by the law under pain

of nullity, or otherwise substantial, has taken place.

(4) If the superior court finds that an appeal entered solely on

the ground of want of jurisdiction or of any breach or omission of

formalities, is groundless, it shall make a pronouncement to that

effect, and shall refer the case to the inferior court.

(5) If the appeal is entered on the ground of want of

jurisdiction or of any breach or omission of formalities, and also on

the ground of a wrong judgment on the merits, the superior court, if

it finds that the appeal, in so far as it is entered on the ground of

want of jurisdiction or of any breach or omission of formalities, is

without foundation, shall make a pronouncement to that effect and

shall decide on the merits in accordance with the following sub-

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article.

(6) If the appeal refers only to the merits, the superior court

shall pronounce judgment either affirming or varying or reversing

the judgment appealed from.

(7) If the appeal is made only by the party convicted, the

punishment may not be increased.

(8) The Registrar of Courts shall, within twelve working days,

transmit to the inferior court, a copy of the judgment affirming,

varying or reversing the judgment appealed from.

(9) Where the inferior court is the Court of Magistrates (Gozo),

the copy of the judgment may be sent by post.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 429 Decision as to costs by appellate court. — CRIMINAL CODE Open official source

(1) Where, under the provisions of article 380, an order

as to costs is to be made, the superior court shall also state the party

by whom the costs, both of the first court and of appeal, are to be

borne, and shall fix the fees due to the advocate for either party in

the appeal in the manner provided in sub-article (2) of the said

article in a sum varying from fifty-eight cents (€0.58) to one euro and

forty cents (€1.40) for every sitting. The payment of the said costs

may be enforced before the inferior court in the same manner as

2007. provided in article 381.

(2) In all cases it shall be lawful for the superior court, if it

considers the appeal to be frivolous, to sentence the appellant

besides to the payment of costs, where applicable, to the payment

of aa fine (ammenda) not exceeding two hundred and thirty-two euro

and ninety-four cents (€232.94).

(3) In default of payment of the fine (ammenda) referred to in

sub-article (2), the provision contained in article 13(2) shall apply.

(4) The fees payable in respect of appeals in cases of

proceedings where the prosecution lies with the injured party or

with the persons mentioned in article 542, as provided in article

373, shall be taxed in accordance with the scales in Schedules A

and B annexed to this Code, and shall in all cases be levied by the

Registrar of Courts.

Title III

O F THE A TTORNEY G ENERAL

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 430 Duties of Attorney General. — CRIMINAL CODE Open official source

(1) The Attorney General may, along with the Executive

Police, prosecute before the Court of Magistrates, and shall be the

prosecutor before the Criminal Court.

(2) The Attorney General shall indict in the name of the

Republic of Malta, and shall proceed ex officio independently of

a ny c o m p l a i n t o f t he in j u r e d p a r ty, e xc e p t in c a s e s w h e r e ,

according to law, no prosecution may be instituted without the

complaint of the injured party.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 431 Commencement of functions of Attorney General. — CRIMINAL CODE Open official source

(1) Unless otherwise provided in this Code or in any other

law, the functions of the Attorney General commence from the day on

which the record of the inquiry made by the Court of Magistrates is

transmitted by the court to the Attorney General by electronic means.

(2) From the day referred to in sub-article (1) and until the

indictment is filed, access to the person accused, if in custody, may

only take place with the permission of the Attorney General. The

provisions of article 408(2) shall apply to such permission.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 432 Term for filing indictment. — CRIMINAL CODE Open official source

(1) The Attorney General shall be allowed the term of

one month for the filing of the indictment, to run from the day the

Attorney General is granted access by electronic means to the record

referred to in the last preceding article. The said term shall, on the

demand of the Attorney General, be extended by the court to an

additional period of fifteen days, and, on the expiration of this

other period, by the President of Malta to a further additional

period of fifteen days, and, where the matter is such that the

determination of the true nature of the offence necessarily depends

upon the lapse of a longer period of time, to such longer period

Provided, however, that where such longer period extends

beyond forty days, the accused shall have the right to be released

on bail.

(2) If the record of inquiry is found to be defective through the

non-observance of any of the provisions of this Code or of any

other law relating to such inquiry, the Attorney General may file a

demand in writing that the court proceed afresh with the inquiry or

that the record be rectified, according to circumstances, pointing

out the defect and the relative provisions of this Code or of such

other law.

(3) The court shall, within the term of five (5) working days which

shall run from the day on which the demand is filed by the Attorney

General, which term may, upon a demand in writing by the court and

on a just cause being shown, may be extended by the President of

Malta to a further period of five (5) working days, conclude the fresh

inquiry or rectify the record, and shall grant the Attorney General

access by electronic means to the said record; and in such case the

term for filing the indictment shall commence to run from the day on

which the Attorney General shall have been given access to the record

of the fresh inquiry or the record as rectified.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 433 Power of Attorney General to discharge person accused, — CRIMINAL CODE Open official source

* (1) If the Attorney General is of opinion that there are not

sufficient grounds for the filing of an indictment against the

accused, he may, within the terms prescribed in the last preceding

article, by warrant under his signature, order the discharge of the

accused, filing a declaration to that effect in the Criminal Court.

(2) The Attorney General may also withdraw an indictment

already filed, by making in court a declaration to that effect.

(3) Finally, the Attorney General may, within one month from

the day on which he is granted access by electronic means to the

record of the inquiry, apply to the Criminal Court for the issue of a

warrant for the arrest of any person discharged by the Court of

Magistrates. The provisions of sub-articles (3A) and (3B) shall

apply to an application made under this sub-article.

(3A) The application shall be appointed for hearing and shall be

served on the person discharged together with a notice of the date

of the hearing.

(3B) Where the Criminal Court is of the opinion that there are

sufficient grounds for an indictment to be filed against the person

discharged it shall forthwith issue a warrant for the arrest of that

person; and in such case the term for filing the indictment shall

commence to run from the day of the arrest.

(3C) Where the person discharged fails to make an appearance

at the hearing without good cause the Court shall order his arrest in

order to appear for the hearing of the application.

(4) In all cases referred to in the preceding sub-articles of this

article, the Attorney General shall make a report to the President of

Malta stating the reasons for his action.

(5) Nevertheless, if, on account of the absence of

circumstances constituting an offence within the jurisdiction of the

Criminal Court, the Attorney General decides not to file an

indictment against the accused, but is of opinion that from the

inquiry there might result an offence within the jurisdiction of the

Court of Magistrates, he shall not discharge the accused, but shall

file a demand to the Court of Magistrates, and that court shall decide

upon the charge of such offence, independently of all other

circumstances.

(6) Before convicting or acquitting the accused or before

giving any other direction within its jurisdiction as court of

criminal judicature, the court shall have power, on the charge of

such offence, to hear further evidence whether against or on behalf

of the accused.

*See transitory provision in article 5 of Act VI of 2007 as regards the amendments to

this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 434 Liability to further proceedings on fresh evidence. — CRIMINAL CODE Open official source

Every accused person, whose arrest has not been ordered

by the Attorney General under the provision of sub-article (3) of

the last preceding article, or who has been discharged for want of

presentation of an indictment, shall always remain liable to fresh

proceedings, to be regularly commenced before the Court of

Magistrates, whenever fresh evidence becomes available.

The expression "fresh evidence" means evidence which at the

time of the discharge of the accused, did not exist, or was not

known to those who were entitled to prosecute.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435 Power of Attorney General on collection of further evidence. — CRIMINAL CODE Open official source

(1) It shall be lawful for the Attorney General to collect

and produce further evidence besides that resulting from the

inquiry

Provided that he may not include in the indictment any

charge for any offence, not founded on the said inquiry.

(2) Where as a result of such further evidence collected as

aforesaid, the Attorney General becomes aware of some other

offence not included in the inquiry, the Attorney General shall file a

demand to the Court of Magistrates, and such court shall continue the

inquiry and shall proceed in respect of such other offence. In any

s u c h c a s e t h e t e r m s f o r t h e c o n c l u s i o n o f t h e i n q u i r y, t h e

transmission of the record and the filing of the indictment shall

commence to run anew, the first term commencing from the day on

which the record is sent back to the Court of Magistrates.

(3) Where such other offence not included in the inquiry as

aforesaid shall be altogether separate and distinct from the offence

or offences included in the inquiry, a new and separate inquiry

shall, on the demand of the Attorney General, be held in regard to

such other offence.

(4) Any demand of the Attorney General under the provisions

of this article shall be made in writing.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435A Special powers of investigation. — CRIMINAL CODE Open official source

(1) The provisions of article 4 of the Act shall apply

mutatis mutandis where the Attorney General has reasonable cause

to suspect that a person is guilty of a relevant offence and the

provisions of the said article 4 shall apply to any investigation

order or attachment order applied for or issued by virtue of this

sub-article as if it were an investigation order or attachment order

applied for or issued under the same article 4 of the Act and in

particular, the provisions of sub-articles (12) and (13) of the said

article 4 shall also apply to any investigation for a relevant offence

by virtue of this sub-article.

(2) The provisions of article 5 of the Act shall apply mutatis

mutandis where any person is charged with a relevant offence and

the provisions of article 6 of the Act shall apply to any order issued

by virtue of this sub-article as if it were an order issued under the

said article 5.

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(3)

For the purposes of this article

"the Act" means the Prevention of Money Laundering Act; and

"relevant offence" shall have the same meaning as assigned to it in the

Proceeds of Crime Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435AA Issuing of monitoring order of banking operations. — CRIMINAL CODE Open official source

(1) Where the Attorney General has reasonable cause to

suspect that a person is guilty of a relevant offence (hereinafter

referred to as "the suspect") he may apply to the Criminal Court for

an order (hereinafter referred to as a "monitoring order") requiring

a bank to monitor for a specified period the transactions or banking

operations being carried out through one or more accounts in the

name of the suspect, or through one or more accounts suspected to

have been used in the commission of the offence or which could

provide information about the offence or the circumstances thereof,

whether before, during or after the commission of the offence,

including any such accounts in the name of legal persons. The bank

shall, on the demand of the Attorney General, communicate to the

person or authority indicated by the Attorney General the

information resulting from the monitoring.

(2) Where a monitoring order has been made or applied for,

whosoever, knowing or suspecting that the monitoring is taking

place or has been applied for, discloses that such monitoring is

taking place or has been applied for or makes any other disclosures

likely to prejudice the monitoring operation shall be guilty of an

offence and shall, on conviction, be liable to a fine (multa) not

exceeding twelve thousand euro (€12,000) or to imprisonment not

exceeding twelve months, or to both such fine and imprisonment

Provided that in proceedings for an offence under this sub-

article, it shall be a defence for the accused to prove that he did not

know or suspect that the disclosure was likely to prejudice the

monitoring operation.

(3) For the purposes of this article, "relevant offence" means an

offence, not being one of an involuntary nature, consisting of any

a c t or o m i s s i o n w hi c h i f c o m m i t t e d i n t h e s e i s l a n d s , o r i n

corresponding circumstances, would constitute an offence liable to

the punishment of imprisonment or of detention for a term of more

than one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435AB Temporary surrender of person in custody to foreign country. — CRIMINAL CODE Open official source

(1) Pursuant to and in accordance with any treaty,

convention, agreement or understanding to which Malta is a party

or which is otherwise applicable to Malta, the Attorney General

may, with the concurrence of the Minister responsible for Justice,

give his consent to the temporary surrender of a person in custody

for the purpose of an investigation to be carried out or being carried

out by a judicial, prosecuting or administrative authority of any

place outside Malta at the request of a judicial, prosecuting or

administering authority in Malta.

(2) The person surrendered shall be kept in custody in the place

outside Malta to which he has been surrendered.

(3)

Any time spent in custody in the place outside Malta shall

be deemed to be time spent in custody in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435B Powers of investigation in connection with offences cognizable by courts outside Malta. — CRIMINAL CODE Open official source

(1) Where the Attorney General receives a request made

by a judicial, prosecuting or administrative authority of any place

outside Malta or by an international court for investigations to take

place in Malta in respect of a person (hereinafter in this article and

in article 435BA referred to as "the suspect") suspected by that

authority or court of a relevant offence, the Attorney General may

apply to the Criminal Court for an investigation order or an

attachment order or for both and the provisions of article 24A of

the Dangerous Drugs Ordinance, hereinafter in this title referred to

as "the Ordinance", shall mutatis mutandis apply to that application

and to the suspect and to any investigation order or attachment

order made by the court as a result of that application.

(2) The phrase "investigation order" in sub-articles (2) and (5)

of the same article 24A of the Ordinance shall be read and

construed as including an investigation order made under the

provisions of this article.

(3) The phrase "attachment order" in article 24A(6A) of the

Ordinance shall be read and construed as including an attachment

order under the provisions of this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435BA Issuing of monitoring order of banking operations. — CRIMINAL CODE Open official source

(1) Where the request referred to in the preceding article

is made for the purpose of monitoring the transactions or banking

operations being carried out through one or more accounts of a

person suspected of a relevant offence within the meaning of article

435AA(3), or through one or more accounts suspected to have been

used in the commission of the offence or which could provide

information about the offence or the circumstances thereof,

whether before, during or after the commission of the offence,

including any such accounts in the name of legal persons the

Attorney General may apply to the Criminal Court for a monitoring

order and the provisions of article 435AA shall apply mutatis

mutandis.

(2) Where a person or authority has been indicated by the

Attorney General as provided under article 435AA, that person or

autho rit y shal l transm it t he in form at ion resul tin g from th e

monitoring operation to the Attorney General.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435BB Temporary surrender of person in custody to Malta. — CRIMINAL CODE Open official source

(1) Pursuant to and in accordance with any treaty,

convention, agreement or understanding to which Malta is a party

or which is otherwise applicable to Malta, the Attorney General

may, with the concurrence of the Minister responsible for Justice,

give his consent to the temporary surrender of a person in custody

in a foreign State for the purpose of investigations to be carried out

or being carried out in Malta at the request of a judicial,

prosecuting or administrative authority of that State.

(2) The provisions of article 30C of the Dangerous Drugs

Ordinance shall apply mutatis mutandis to a person temporarily

surrendered to Malta under sub-article (1).

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435BC Temporary surrender to foreign country of person in custody in Malta at request of foreign authority. — CRIMINAL CODE Open official source

(1) Pursuant to and in accordance with any treaty,

convention, agreement or understanding to which Malta is a party

or which is otherwise applicable to Malta, the Attorney General

may, with the concurrence of the Minister responsible for Justice,

give his consent to the temporary surrender of a person in custody

in Malta for the purpose of an investigation to be carried out or

being carried out by a judicial, prosecuting or administrative

authority of any place outside Malta at the request of the said

authority.

(2) The person surrendered shall be kept in custody in the place

outside Malta to which he has been surrendered.

(3) Any time spent in custody in the place outside Malta shall

be deemed to be time spent in custody in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435C Freezing of property of person accused with offences cognizable by courts outside Malta. — CRIMINAL CODE Open official source

(1) Where the Attorney General receives a request made

by a judicial, prosecuting or administrative authority of any place

outside Malta or by an international court for the temporary seizure

of all or any or the moneys or property, movable or immovable, of a

person (hereinafter in this article referred to as "the accused")

charged or accused in proceedings before the courts of that place or

before the international court of a relevant offence, the Attorney

General may apply to the Criminal Court for an order (hereinafter

in this title referred to as a "freezing order") having the same effect

as an order as is referred to in article 22A(1) of the Ordinance, and

the provision of the said article 22A shall, subject to the provisions

of sub-article (2), apply mutatis mutandis to that order.

(2) The provisions of article 24C(2) to (5) of the Ordinance

shall apply to an order made under this article as if it were an order

made under the said article 24C.

(3) Article 22B of the Ordinance shall also apply to any person

who acts in contravention of a freezing order under this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435D — CRIMINAL CODE Open official source

(1) A confiscation order made by a court outside Malta

providing or purporting to provide for the confiscation or forfeiture

of any property of or in the possession or under the control of any

person described in the order shall be enforceable in Malta in

accordance with the provisions of article 24D(2) to (11) of the

Ordinance.

(2) For the purposes of this article "confiscation order"

includes any judgement, decision, declaration, or other order made

by a court whether of criminal or civil jurisdiction providing or

purporting to provide for the confiscation or forfeiture of property

as is described in sub-article (1).

(3) For the purposes of this article and of articles 435B and

435C

"the Act" means the Prevention of Money Laundering Act;

"the Ordinances" means the Medical and Kindred Professions

Ordinance and the Dangerous Drugs Ordinance; and

"relevant offence" means an offence consisting of any act or

omission which if committed in these Islands, or in corresponding

circumstances, would constitute an offence, other than a crime

under the Ordinances or under the Act, liable to the punishment of

imprisonment or of detention for a term of more than one year.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 435E Controlled deliveries and joint investigations with the competent authorities of other countries. — CRIMINAL CODE Open official source

(1) Notwithstanding anything contained in any other law

it shall be lawful for the Attorney General to authorise the

Executive Police and, where appropriate, the Customs authorities

to allow a controlled delivery to take place with a view to

identifying persons involved in the commission of any criminal

offence under the laws of Malta or under the laws of another

country.

For the purposes of this sub-article a "controlled delivery"

shall mutatis mutandis have the same meaning assigned to it by

article 30B(2) of the Dangerous Drugs Ordinance sohowever that

the illicit or suspect consignment referred to in that sub-article may

for the purposes of this sub-article consist of anything whatsoever

and that the consignment may be intercepted and allowed to

continue with the original contents intact or removed or replaced in

whole or in part.

(2) With the same objective of identifying persons involved in

the commissions of a criminal offence under the laws of Malta or

under the laws of another country, it shall also be lawful for the

Attorney General to authorise the Executive Police or a person

under the supervision or direction of the Executive Police, to

acquire or procure an illicit or suspect consignment of anything

from any person or place.

(3) Pursuant to any arrangement, including any treaty,

convention, agreement or understanding, to which Malta is a party

or which is otherwise applicable to Malta, the Attorney General

may authorise the competent authorities of another country to

conduct in Malta, jointly with or under the supervision or direction

of the Executive Police, investigations into criminal offences by

officers acting under covert or false identity, provided that the

Attorney General is satisfied of the true identity and official

capacity of the officers in question and is fully informed of the

nature of any documents which purport to guarantee, certify or

authenticate the false identity assumed by any such officers.

Notwithstanding the provisions of any other law the making or use

of such documents by the said competent authorities or by such

officers for the purpose or in the course of such investigations

authorised as aforesaid shall be deemed to be lawful and shall not

entail any liability, civil, criminal or otherwise, on the part of such

authorities or officers.

(4) Any official from another country taking part in any of the

operations referred to in sub-articles (1) to (3), both inclusive,

shall, for the purpose of any criminal liability incurred under this

Code or any other law by that official or by others for conduct

against that official, be deemed to be a public officer.

(5) The provisions of sub-article (4) shall apply mutatis

mutandis to any official from another country taking part in any

operation in Malta of the kind referred to in sub-article (3) even if

CRIMINAL CODE

none of the officers taking part in the operation is acting under

covert or false identity.

(6) For purposes of this article "competent authorities of

another country" and "official from another country" shall be

construed as including officials of bodies set up pursuant to the

Treaty on European Union as defined in article 2 of the European

Union Act.

(7) Where the Attorney General has authorised the setting up of

a joint investigation team as provided in sub-article (3), the foreign

officials participating in the said investigation shall be entitled to

be present when investigative measures are being taken and, if so

authorised by the competent officer of the Executive Police, to take

investigative measures.

Title IV

O F THE CRIMINAL C OURT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 436 Constitution of Criminal Court. — CRIMINAL CODE Open official source

(1) The Criminal Court shall consist of one of the judges

sitting with a jury for the trial of every offence which may be

prosecuted according to law in Malta saving the provisions of

article 370.

(2) The jury shall decide on any matter touching the issue as to

whether the accused is guilty or not guilty and on any collateral

issue referred to in Title VII of Part II of Book Second of this Code;

and the court shall decide on the application of the law to the fact

as declared by the jury, as well as on all other points of law or of

fact relative to the proceedings.

(3) It shall also appertain to the court -

(a) to maintain good order during the sitting;

(b) to conduct the hearing;

(c) to do, in matters which are not prohibited or prescribed

by law under pain of nullity, whatever it may, in its

discretion, deem necessary for the discovery of the

truth.

(4) The court shall also be competent to try and determine

offences which, although of an inferior jurisdiction, are brought

before the court either because they are connected with a graver

offence preferred in the indictment or because they are committed

by the same person indicted for such graver offence.

(5) The court shall also be competent generally to try and

determine any offence of an inferior jurisdiction and to apply the

measures referred to in articles 377, 378, 383, 384 and 385 if, upon

trial, the accused is convicted of any minor offence whether

preferred or comprised or involved in the indictment, or if such

measures become necessary.

(6) Notwithstanding any other provision of this Code and

subject to the provisions of the following sub-articles of this

article, the accused may, not later than ten days after the date of

service of the notice referred to in article 438(6) or of the order

referred to in article 620(4), file a note in the registry of the court

opting that a jury be not impanelled for the trial or for the decision

of any collateral issue under Title VII of Part II of Book Second of

this Code, and an official copy of such note shall be served on the

Attorney General

Provided that this sub-article shall not apply for the trial of

the offence where the punishment demanded in the indictment is of

imprisonment for life other than an offence against the Medical and

Kindred Professions Ordinance or the Dangerous Drugs Ordinance.

(7) The provisions of sub-article (6) shall not apply to the

accused who has made the objection mentioned in article 370(3)(d).

(8) Where charges against two or more persons are joined in

the same indictment and not all the accused have filed the note

referred to in sub-article (6), the trial of the accused who has opted

that a jury be not impanelled for his trial shall take place after that

the trial of the cause of the other accused who has not filed such

note has become res judicata.

(9) Where the option is exercised as provided in sub-article (6)

the court shall consist of one of the judges sitting without a jury,

and the provisions of this Title and of Sub-title I of Title II and of

Title V of Part I of Book Second of this Code shall mutatis

mutandis apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 437 Access to accused. — CRIMINAL CODE Open official source

(1) After the filing of the indictment, access to the

accused shall not be allowed, except with the permission of the

court, or with the consent of the Attorney General.

(2) The court, before granting the permission applied for, shall

hear the Attorney General in the absence of the accused and with

closed doors. The court shall not grant permission unless it is

satisfied that such access will not be prejudicial to the ends of

justice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 438 Service of indictment on accused. — CRIMINAL CODE Open official source

(1) An official copy of the indictment and of the list

referred to in article 590(2) shall be served on the accused.

(2) The accused shall, by means of a note to be filed in the

registry of the court not later than fifteen working days from the

date of such service -

(i)

give notice of any pleas referred to in article 449

and any plea regarding the admissibility of

evidence which he intends to raise, and

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(ii) indicate the witnesses and produce the

documents and other exhibits which he intends

to use at the trial,

and an official copy of such note shall be served on the Attorney

General.

(3) The Attorney General shall, by means of a note filed in the

registry of the court not later than five days from the date of service

of the note filed by the accused, give notice of any plea regarding

the admissibility of evidence which he intends to raise.

(4) On the expiration of the time referred to in the preceding

sub-article, the court shall appoint a day for the hearing of all the

pleas and shall on that day direct the registrar to read out the

indictment, and shall then proceed to determine such pleas before

the accused pleads to the general issue of guilty or not guilty

Provided that the court may ex officio or on the application

of the Attorney General or the accused request that the proof

intended to be established by the witnesses, documents or exhibits

be stated.

(5) If no pleas have been raised as provided in sub-articles (2)

and (3), or after the determination of such pleas, the court shall

appoint a day for the hearing of the trial.

(6) The accused shall be served with a notice of such date

allowing a term of at least twenty days to prepare his defence. The

court may, on good cause being shown, and after hearing the

Attorney General, extend such term to any further period as it may

deem fit.

(7) If, on the day appointed for the hearing of the trial

according to sub-article (5), or on any other day thereafter

appointed for the same purpose, the trial is adjourned to another

day on account of the fact that the accused, without just cause, and

notwithstanding that he had been given notice according to law of

the day appointed, fails to appear, or on account of the fact that

although he appears, the trial cannot be heard for some cause

attributable to the accused and which the Court determines not to

be a just cause, all the expenses incurred shall be charged to the

accused, and it shall be lawful for the court, at the request of the

Attorney General, to compel the accused to pay the same.

(8)

The accused may waive his right to such term.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 439 Order of hearing of causes. — CRIMINAL CODE Open official source

Causes shall be tried in rotation, according to the date of

the filing of the indictment

Provided that it shall be lawful for the court, if it sees good

reason for so doing, to postpone the trial of a cause which is next in

rotation, and proceed to try another cause.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 440 Accessibility of record of inquiry, etc. — CRIMINAL CODE Open official source

(1) The record of the inquiry, documents and exhibits

filed in the registry of the court by the Attorney General or the

accused shall be accessible to the Attorney General and to the

accused or his advocate or legal procurator.

(2) The registrar shall take the necessary precautions for the

preservation of all the documents, exhibits, and record in the state

in which they are at the moment in which they are filed.

(3) No witness, document or exhibit, which is not indicated in

the lists or filed as provided in article 438, may be produced at the

trial, without special leave of the court.

(4) Leave shall only be granted if the evidence is considered to

be relevant, and the Attorney General or the party accused shall not

have been prejudiced by the omission from the said list or by the

default of filing within the term specified in article 438.

(5) Nevertheless, if in the course of the trial, the necessity or

utility shall arise of examining any witness or of having for actual

inspection any document or exhibit not indicated in the list of any

of the parties, the court may ex officio cause such witness to be

called and examined, or cause the document or exhibit which was

not indicated in the list, to be produced.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 441 Summoning of witnesses. — CRIMINAL CODE Open official source

(1) Witnesses shall be summoned by means of a subpoena

which shall be served on each witness not later than the day

preceding the trial

Provided that in the case referred to in sub-article (5) of the

last preceding article, a witness may be summoned to appear

forthwith or at a given time during the same day.

(2) A subpoena is served by the delivery of a copy thereof to

the witness, or if he cannot conveniently be met with, then by

leaving such copy at his usual place of abode.

(3) If the place of abode of the witness is in the Island of Gozo

or of Comino, the Registrar of Courts may send, even by post, the

copy of the subpoena to the officer in charge of the Court of

Magistrates (Gozo), for service on the witness; and the officer

effecting service, shall deliver a certificate of such service, duly

sworn, to the officer in charge of the Court of Magistrates (Gozo),

who shall transmit it, even by post, to the Registrar of Courts.

(4) Whosoever being duly subpoenaed to give evidence or to

give his opinion as an expert shall fail to appear in court at the time

fixed in the subpoena, or, having appeared, shall leave before he is

dismissed, shall be liable to be sentenced by the court to a fine

(ammenda) and shall be liable to be compelled to appear to give

evidence by means of a warrant of escort or of arrest.

(5) If, on account of the non-appearance of a witness, the trial

is adjourned to another day, all the expenses incurred shall be

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charged to the witness, and it shall be lawful for the court, at the

request of the Attorney General or the accused, to compel such

witness to pay the same

Provided that it shall be in the power of the court, at any

time, on just cause being shown, to remit the fine (ammenda) and

also the expenses.

(6) It shall be in the power of the court, if it is of opinion that

the evidence of the witness, who left before he had been dismissed,

is important for the ends of justice, to discharge the jury and

adjourn the trial to another day.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 442 Allowances to witnesses on behalf of accused admitted to free legal aid. — CRIMINAL CODE Open official source

Where the defence of the accused has been conducted by

the Advocate for Legal Aid, the allowances due to the witnesses

actually produced on behalf of the accused shall be paid by the

Government at the same rates fixed for witnesses for the

prosecution, provided the Advocate for Legal Aid shall affirm on

oath that, in his opinion, the evidence of the said witnesses was

relevant for the defence, and provided also that, in view of his

poverty, the accused has not the means of paying such allowances.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 443 Trial. Place of the accused in Court. — CRIMINAL CODE Open official source

(1) On the day and at the time appointed for the hearing

of the cause or of any question incidental thereto, the accused shall

be put, without any restraint, in the place appointed for the purpose.

(2) If the accused is not in custody, he shall be required to

appear by means of a summons, and, in case of his non-appearance,

an order shall be made for his arrest; if he is in custody, he shall be

brought to the said place in such manner as may be necessary in

order to prevent his escape.

(3) If the accused attempts acts of violence, all necessary

measures shall be taken to prevent such acts.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 444 Place of witnesses during the trial. — CRIMINAL CODE Open official source

During the trial, the witnesses shall be kept in a separate

place where the discussion cannot be heard. Witnesses shall not be

allowed to return to that place after their examination; but when it

will probably be necessary to re-examine them on some particular

circumstance, they shall be kept apart from the other witnesses not

yet examined

Provided that the court may, with the consent of the

Attorney General and the accused, permit any witness to remain in

court during the trial

Provided further that the court may, notwithstanding the

objection of either party, grant such permission to witnesses giving

professional or expert evidence, if the court itself deems it

expedient for the ends of justice that such witnesses should hear the

depositions of other witnesses.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 445 If accused appears without counsel. — CRIMINAL CODE Open official source

If the accused appears without counsel, the court shall

inform him that he has the right to be assisted by counsel.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 446 Challenge of judge. Plea to be raised and determined before the reading out of indictment. — CRIMINAL CODE Open official source

(1) Any objection to the judge shall be raised, and the

decision of the court shall be given thereon, before the reading out

of the indictment, when the accused has been placed at the bar, on

the day appointed for the hearing of the preliminary pleas, or, if no

such pleas have been raised, on the day appointed for the trial.

(2) The judge may not be objected to by the Attorney General

or by the accused, nor may he abstain from sitting in any case,

except for any of the causes referred to in article 734 of the Code of

Organization and Civil Procedure, or on the ground that the offence

was committed against himself, his spouse, or any person related to

him by consanguinity or affinity in any of the degrees referred to in

paragraphs (a) and (b) of the said article.

(3) The judge who, previously to the reading out of the

indictment, is aware of the existence in his respect of any of the

causes for which he might be objected to or might abstain from

sitting, shall make a declaration of his abstention stating the cause.

(4) The said declaration may be made in writing previously to

the day appointed for the hearing of the cause, in which case notice

thereof shall be given to the Attorney General and to the accused,

and the abstention shall be deemed to be by them accepted, if,

within two days from the said notice, neither of them shall make a

declaration, by means of a note, to the effect that he intends to

oppose the same.

(5) The said declaration may also be made orally on the day of

the hearing, in which case any objection thereto shall be raised

immediately after such declaration.

(6) Upon any challenge, or objection to abstention, as aforesaid

the court shall decide the issue previously to the reading out of the

indictment.

(7) After the reading out of the indictment, the judge may not

be challenged, nor may he abstain from sitting, except where the

cause for objection or abstention becomes known after the reading

of the said indictment.

(8) The judge, notwithstanding the existence in his respect of

any cause for objection, or notwithstanding his abstention, shall

nevertheless be competent, like the judge surrogated in his stead, to

issue and sign any summons or writ, and to give any decree or order

which may be required, previously to the reading out of the

indictment, or after judgment is delivered.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 447 Surrogation in the person of a judge. — CRIMINAL CODE Open official source

(1) Where the judge has been objected to, or has

abstained from sitting, another judge shall be surrogated by the

President of Malta in his stead.

(2) If every one of the judges is, for any of the causes referred

to in the last preceding article, precluded from sitting, it shall be

lawful for the President of Malta to surrogate acting judges.

(3) An acting judge shall, on being surrogated, take the oaths

prescribed in article 10 of the Code of Organization and Civil

Procedure.

(4) A judge surrogate may also be objected to for any of the

said causes.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 448 Reading out of indictment to accused. — CRIMINAL CODE Open official source

Where no pleas have been raised as provided in article

438, the court shall direct the registrar to read out the indictment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 449 Pleas to be raised and determined after the reading out of indictment. — CRIMINAL CODE Open official source

(1) The following pleas, that is to say

(a) plea to the jurisdiction of the court;

(b) plea of nullity of or defect in the indictment;

(c) plea of extinguishment of action;

(d) plea of "autrefois convict" or "autrefois acquit";

(e) plea of insanity of the accused at the time of the trial;

(f)

plea of insanity at the time of the offence or any plea

relating to any other point of fact which excludes the

imputability of the accused or in consequence of which

the trial should not take place at the time, or at any

future time; and

(g) saving the provisions of article 446(1), any other

preliminary plea,

may only be raised if notice thereof has been given as provided in

article 438(2)

Provided that the court may authorise such pleas to be

raised for a reason which arises after the time within which the note

referred to in article 438(2) is to be filed in the registry of the court.

(2)

Deleted by III.2002.107.

(3) Nevertheless, the pleas mentioned in sub-article (1), with

the exception of the plea of challenge of the judge or the plea of

defect in the indictment, may be raised after the verdict of the jury

and before judgment, if the necessity arises from any fact or

circumstance of fact expressly found by the jury.

(4) Any point of fact which, without excluding the imputability

of the accused or without excluding his capacity to plead, is a bar to

his undergoing punishment, may be raised even after the verdict of

the jury.

(5) The want of jurisdiction of the court and the nullity of the

indictment may also be raised by the court ex officio, either before

the accused answers to the charge, or after the verdict of the jury

Provided, however, that, after the verdict of the jury, the

indictment may only be annulled in either of the following cases

(a) if the indictment does not contain, in substance, a

statement or description of the offence as stated or

described in the law;

(b) if the fact stated in the indictment does not constitute,

in substance, the offence stated or described in such

indictment.

(6) Where it is decided that the court has no jurisdiction or that

the indictment is null, the accused shall be placed again in the

condi tio n in whi ch h e stood previou sl y t o th e fi lin g of th e

indictment. But where the plea of extinguishment of action or the

plea of "autrefois convict" or "autrefois acquit" is allowed, the

accused shall be acquitted.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 450 Question to accused on general issue. — CRIMINAL CODE Open official source

When the preliminary pleas have been determined, or if no

such pleas have been raised, the accused shall be asked whether he

is guilty of the offence charged in the indictment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 451 Rules respecting deaf-mutes, etc. — CRIMINAL CODE Open official source

(1) If the accused is a deaf-mute and is able to write, the

contents of the indictment shall be explained, and the question

prescribed under the last preceding article shall be made to the

accused in writing, and he shall answer in writing; and in this case,

the explanation, the question and the answer thereto, shall be

publicly read out by the registrar and laid before the court and the

jury, and then preserved in the records of the court.

(2) If the accused is a deaf-mute and is unable to write, the

court shall ex officio appoint as interpreter some person familiar

with him, or some other person able to understand him.

(3) If the accused is dumb, but not deaf, the explanation and

question shall be made to him in the same manner as to any other

accused. If he is able to write, he shall answer in writing; but if he

is unable to write, an interpreter shall be assigned to him.

(4) It shall be lawful for the court, whenever it shall deem it

expedient, to apply the said provisions, respecting deaf-mutes, to

an accused who is deaf only.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 452 Appointment of interpreter. — CRIMINAL CODE Open official source

(1) Save as otherwise expressly provided, an interpreter

shall not be chosen from among the jurors, counsel for the accused,

witnesses, referees, or other persons employed in the service of the

court or of the Attorney General, with the exception of the official

interpreter. It shall, however, be lawful for any of the parties to take

objection against the official interpreter or any other person

appointed to act as interpreter, before the same enters upon his

duties, and any such objection shall be determined by the court.

(2) Nevertheless, it shall be lawful for the court to appoint any

person employed in the service of the court to act as interpreter, if it

appears to its satisfaction that sufficient inquiries have been made

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and that no other person suitable to act as interpreter could be

found.

(3) The person appointed to act as interpreter, if he is not in the

building in which the court is sitting, shall be summoned by means

of a subpoena.

(4) Any person residing in Malta, who, being appointed to act

as interpreter, shall, without a just cause, fail to appear at the time

a n d p l a c e ap p o i n t e d b y t h e c o u r t , o r s h a l l r e f u s e t o a c t a s

interpreter, or shall leave the court before he is dismissed, may be

dealt with as a witness who fails to appear to give evidence, or

who, having appeared, refuses to give evidence, or leaves the court

before he is discharged.

(5) The provision contained in article 633(2) shall apply if the

interpreter is the spouse of the accused, or is related to the accused

by consanguinity in any of the degrees mentioned in that article, or

if other particular circumstances occur.

(6) The interpreter appointed by the court, if he is not a person

employed in the service of the Government, shall be entitled to a

remuneration to be fixed by the court according to circumstances.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 453 Admission of guilt by accused. — CRIMINAL CODE Open official source

(1) If the accused, in answer to the question prescribed

under article 450, states that he is guilty of the offence, the court

shall in the most solemn manner warn him of the legal

consequences of such statement, and shall allow him a short time to

retract it; but if the accused persists in his statement, such

statement shall be recorded and the court shall proceed to pass on

the accused such sentence as would according to law be passed on

an accused convicted of the offence.

(2) Nevertheless, if there is good reason to doubt whether the

offence has really taken place at all, or whether the accused is

g u i l t y o f t h e o ff e n c e , t h e c o u r t s h a l l , n o t w i t h s t a n d i n g t h e

confession of the accused, order the trial of the cause to be

proceeded with as if the accused had not pleaded guilty.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 453A Sentence at the request of the parties. — CRIMINAL CODE Open official source

(1) Before the accused pleads to the general issue as

provided in article 453, the accused and the Attorney General may

request the court, in the eventuality of a plea of guilty, to apply a

sanction or measure or, where provided for by law, a combination

of sanctions or measures, of the kind and quantity agreed between

them and to which the accused can be sentenced upon conviction

for the offence or offences with which he is accused.

(2) If the court is satisfied that the sanction or measure, or

combination of sanctions and measures, requested as provided in

sub-article (1) is one which it would have been lawful for it to

impose upon conviction for the offence to which the accused has

pleaded guilty and does not have cause to order the trial of the

cause to be proceeded with for a reason referred to in article 453(2)

or for any other reason to reject the request, and after explaining to

the accused in clear terms the consequences of his request, the

court shall, upon a plea of guilty by the accused, proceed to pass

the sentence indicated to it by the parties declaring in its judgement

that the sentence being awarded is being so awarded at the request

of the parties.

(3) Where the Attorney General and the accused agree that the

sentence to be imposed shall consist of a period of imprisonment

which is to be suspended in accordance with the provisions of

article 28A and the agreement is not rejected by the court as

provided in sub-article (2) such agreement shall not in any way

affect the court’s power to make an order under article 28G or 28H

or both.

(4) Where the Attorney General and the accused agree that a

measure provided for under the Probation Act is to be applied and

the agreement is not rejected by the court as provided in sub-article

(2) such agreement shall not in any way affect the court’s power to

make an order under article 11 of the said Act.

(5) A sentence imposed at the request of the parties as provided

in this article shall not affect any matter referred to in article

25(3)(a) to (h) of the Probation Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 454 Recording of plea of "not guilty". — CRIMINAL CODE Open official source

(1) If the accused pleads not guilty, such plea shall be

recorded.

(2) Where, under the provisions of the Judicial Proceedings

(Use of English Language) Act, the proceedings are to be

conducted in the English language, the court shall, if no pleas have

been raised as provided in article 438, or after the determination of

such pleas, appoint the day on which the cause shall be tried before

a special jury impanelled from the persons included in the list of

special jurors for the trial of English-speaking persons as provided

in article 605.

(3) On the day fixed for the trial the court shall impanel the

jury and shall then proceed with the trial.

(4) Where the accused does not simply answer that he is guilty,

any other answer, or his silence, shall be taken as a plea of not

guilty.

(5) It shall not be lawful for the court, the Attorney General or

the jury, during the trial, to put any other question to the accused

with regard to the facts with which he is charged.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 455 Reading out of indictment to jury. Amended by: V.1868.30. — CRIMINAL CODE Open official source

(1) As soon as the jury have been sworn, the registrar

shall read out the indictment, of which a copy shall be given to the

jury; and he shall also read out to the jury whatever shall have been

CRIMINAL CODE

recorded with reference to the question prescribed under article

450. (2) Where the court deems it expedient that two or more causes

be successively tried on the same day by the same jury, the jury

shall be sworn in the presence of all the accused whose trial is to

take place as aforesaid, previously to the commencement of the

trial which is to take place first.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 456 Address by the prosecution. — CRIMINAL CODE Open official source

The Attorney General shall then address the jury on the

facts constituting the offence preferred in the indictment; he shall

state the evidence which he proposes to produce in support of those

facts; and after making such submissions as he may think necessary

in order to make the case clear, he shall conclude by demanding a

declaration of guilt against the accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 457 Production of evidence for the prosecution. — CRIMINAL CODE Open official source

After making the address referred to in the last preceding

article, the Attorney General shall call his witnesses examining

them viva voce, and shall produce any other evidence he may have

to offer.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 458 Defence of accused. — CRIMINAL CODE Open official source

(1) When the case for the prosecution is concluded, the

accused shall be asked what he has to state in his defence. He shall

have the right to make his defence, either personally or by an

advocate, and to call and examine his witnesses in the manner

provided in the last preceding article, and to produce any other

evidence he may have to offer.

(2) If the accused is assisted by more than one advocate, such

advocates may divide the duties between them in such a manner

that one will make the defence and the other will make the

rejoinder, when this is allowed, or, that one will make the defence

and rejoinder and the other will examine the witnesses; but neither

of them may address the court or the jury after the defence or

rejoinder has been made by the other; and the provisions of this

sub-article shall apply to every other stage of the proceedings in

which the accused is assisted by more than one advocate.

(3) It shall also be lawful for the accused either to make his

own defence and leave to his advocate the rejoinder, when this is

allowed, or to make the rejoinder notwithstanding that his defence

was made by his advocate.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 458A Applicability of article 458. — CRIMINAL CODE Open official source

The provisions of article 458(2) shall apply mutatis

mutandis where the conduct of the prosecution is delegated by the

Attorney General to more than one counsel.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 459 Order of examination of witnesses. — CRIMINAL CODE Open official source

The order to be followed in the examination of witnesses

shall be as hereunder

The party calling the witness proceeds to examine him; then

the opposite party may, if he so desires, cross-examine him; any

juror may then put any question which he may deem necessary; and

the court, besides the questions which it may deem proper to put in

the course of the examination or cross-examination, may finally put

any other question which it shall deem necessary.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 459A Where accused takes stand to testify. — CRIMINAL CODE Open official source

(1) The accused who takes the stand to testify shall not be

asked, and if asked shall not be required to answer, any question

tending to show that he has committed or been convicted of or been

charged with any offence other than the one with which he is

accused, or is of bad character, unless -

(a) the proof that he has committed or been convicted of

such other offence is admissible evidence to show that

he is guilty of an offence with which he is accused; or

(b) he has personally or by his advocate asked questions

of the witnesses for the prosecution with a view to

establish his own good character, or has given

evidence of his good character, or the nature or

conduct of the defence is such as to involve

imputations on the character of the prosecutor or the

witnesses for the prosecution, or the deceased victim

of the alleged crime; or

(c) he has given evidence which involves in the

commission of the offence with which he is being

accused, any other person accused in the same

proceedings.

(2) In any of the circumstances mentioned in paragraphs (a) to

(c) above any record showing any previous convictions of the

person charged or accused may be produced in evidence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 460 Further questions after cross- examination only to be made through court. — CRIMINAL CODE Open official source

After the cross-examination of the witness, it shall not be

lawful for the parties to put any question directly to the witness.

They may, however, submit to the court any further question they

may desire to put to the witness, and any such question, if

considered by the court to be material to the case, shall be put to the

witness by the court itself.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 461 Rules as to the admissibility of evidence. — CRIMINAL CODE Open official source

(1) If the Attorney General or the accused desires to

prove facts upon the existence or non-existence of which depends

the admissibility of evidence for the production of which the

permission of the court has been obtained under the provisions of

article 440, he may adduce evidence of such facts at the stage of the

trial at which such permission has been obtained.

(2) The same shall apply with regard to evidence as to the

existence of the circumstances required under article 646 for the

admissibility of any of the depositions therein referred to, when the

request for the production of any such deposition is made during

the trial.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 462 Brief notes of depositions to be taken by court. — CRIMINAL CODE Open official source

Notes of the evidence of the witnesses shall be taken down

in brief by the court.

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* 463. (1) Shorthand notes shall be taken of the proceedings at

the trial on indictment of any person before the Criminal Court. A

transcript of the notes or any part thereof shall be made whenever

the Criminal Court or the Court of Criminal Appeal so directs

Provided that subject to the provisions of article 518, a

transcript shall be furnished to any party having an interest in the

proceedings upon the payment of such charges as may be fixed by

tariff.

(2) The Attorney General may also, if he thinks fit, in any case,

direct a transcript of the shorthand notes to be made and furnished

to him for his use.

(3) The cost of taking any such shorthand notes, and of any

transcript, where a transcript is directed to be made by the court or

by the Attorney General, shall be defrayed, in accordance with

scales of payment to be fixed from time to time, out of money

provided by the Government. Rules may be made by the Board

appointed under article 516(3), for securing the accuracy of the

notes to be taken and for the verification of the transcript.

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 463 Noti bl- istenografija tal- proċedimenti fil- kawża. Miżjud: VI.1947.13. Emendat: — KODIĊI KRIMINALI Open official source

(1) Għandhom jittieħdu noti bl-istenografija tal-

proċedimenti fil-kawża fuq att ta’ akkuża ta’ kull persuna quddiem

il-Qorti Kriminali. Traskrizzjoni tan-noti, jew ta’ xi sehem

minnhom, għandha ssir kull meta l-Qorti Kriminali jew il-Qorti tal-

Appell Kriminali hekk tordna

Iżda, bla ħsara tad-dispożizzjonijiet tal-artikolu 518,

traskrizzjoni għandha tingħata lil kull parti li jkollha nteress fil-

proċedimenti meta din titħallas dak li jista’ jkun iffissat b’tariffa.

(2) L-Avukat Ġenerali jista’ wkoll, jekk jidhirlu xieraq, f’kull

każ li jkun, jordna li ssir traskrizzjoni tan-noti bl-istenografija u li

tingħatalu għall-użu tiegħu.

(3) In-nefqa li ssir għat-teħid ta’ dawk in-noti bl-istenografija,

u għat-traskrizzjoni meta l-qorti jew l-Avukat Ġenerali jordnaw li

ssir traskrizzjoni, għandha tittieħed, fuq mieta ta’ ħlas li tkun

iffissata minn żmien għal żmien, minn flejjes li jaħseb għalihom il-

Gvern. Il-Bord maħtur bis-saħħa tal-artikolu 516(3) jista’ jagħmel

regoli sabiex jiżgura r-reqqa tan-noti li jittieħdu u għall-verifika

tat-traskrizzjoni.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 464 Reply and rejoinder. — CRIMINAL CODE Open official source

After the close of the defence, the Attorney General shall

be allowed to reply, if he so desires; but, in such case, the accused

shall have the right to a rejoinder

Provided that no fresh evidence may be produced, without

the special permission of the court, either in the reply or in the

rejoinder.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 465 Summing-up by judge. — CRIMINAL CODE Open official source

After the conclusion of the case for the prosecution and for

the defence, the judge shall address the jury, explaining to them the

n a t u r e a n d t h e i n g r e d i e n t s o f t h e o ff e n c e p r e f e r r e d i n t h e

indictment, as well as any other point of law which in the particular

case may be connected with the functions of the jury, summing up,

in such manner as he may think necessary, the evidence of the

witnesses and other concurrent evidence, acquainting them with the

powers which the jury may exercise in the particular case, and

making all such other remarks as may tend to direct and instruct the

jury for the proper discharge of their duties.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 466 Deliberation by the jury. — CRIMINAL CODE Open official source

On the conclusion of the address by the court, the jury

shall consider their verdict.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 467 Functions of the jury and rules connected therewith. — CRIMINAL CODE Open official source

(1) The jury shall in their deliberations consider, in the

first place, whether the accused is guilty of the offence charged

against him in the indictment, with all the aggravating

circumstances, if any, therein specified; and, if the jury shall be of

opinion that such guilt is proved, they shall, in the manner provided

in articles 468 and 469, find the accused "guilty".

(2) Where there is no proof that the accused, or any one of the

accused, was the principal or one of the principals in the offence

charged in the indictment, but there is proof that he was an

accomplice or of being guilty of conspiracy to commit that offence,

*Article 463 has not yet come into force. Vide article 13(2) of Ordinance No.VI of

1947. it shall be lawful for the jury to find him guilty of complicity in, or

of conspiracy to commit, such offence; conversely, where a person

is accused, in the indictment, of being an accomplice in an offence

it shall be lawful for the jury to find him guilty of conspiracy to

commit that offence or of being the principal, or one of the

principals, in that offence and if he is accused of conspiracy to

commit an offence he may be found guilty of being an accomplice

in that offence or of being a principal, or one of the principals, in

that offence, completed or attempted, if there is proof to that effect

Provided that where a person accused in the indictment of

conspiracy to commit an offence is found guilty as aforesaid of

b e i n g a p r i n c i p a l , or on e o f th e p r i n c i p a l s , i n t h e o ff e n c e ,

completed or attempted, the punishment shall not be more severe

than the punishment demanded in the bill of indictment.

(3) Where two or more individuals are indicted as principals in

an offence and there is proof that such offence was committed by

one or more of them, but there is no proof as to which one of them

or which of them committed the offence, it shall be lawful for the

jury to find all the accused guilty as accomplices in the offence, if

it is proved that all of them took in the offence a part sufficient to

render them accomplices.

(4) Where the offence is not proved in the terms in which it was

specified in the indictment, but it shall appear at the trial that either

the same offence but of a less aggravated character, or a lesser

offence, or an attempted offence only has been committed,

provided the same be included or involved in any part of the

indictment, the jury may either exclude the aggravating

circumstances or add those circumstances which make the offence

of a less aggravated character, or find the accused guilty of such

l e s s e r o ff e n c e o r o f a n a t t e m p t e d o ff e n c e , o r o f t h e f a c t s

constituting such lesser offence or attempted offence, as the case

may be. The jury may enter their verdict by saying "guilty, but

without the circumstance or circumstances of . . . . . . . . . . ,"

specifying the circumstance or circumstances which they want to

exclude; or, "guilty, but with the circumstance or circumstances of .

. . . . . . . . . . ," specifying the circumstance or circumstances which

make the offence of a less aggravated character; or, "guilty, but

only of . . . . . . . . . . ," specifying the offence or the attempted

offence (or the facts constituting such offence or attempted

offence) of which the jury may find the accused guilty as aforesaid.

(5) If the jury are of opinion that the accused is not guilty in

any form as aforesaid, they shall find the accused "not guilty".

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 468 Number of votes required for a legal verdict. — CRIMINAL CODE Open official source

For every verdict of the jury, whether in favour of, or

against the accused, there shall be necessary the concurrence of at

least six votes.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 469 Duties of foreman of jury. — CRIMINAL CODE Open official source

The foreman of the jury shall collect the votes of the other

jurors in respect of each verdict, noting down against the name of

each juror respectively the vote given by such juror, and shall

finally add his own vote; and after counting the votes, and

ascertaining the concurrence of at least six votes, he shall write

down the verdict to be returned, which he shall lay before the other

CRIMINAL CODE

jurors.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 470 Explanations required by jury from court. — CRIMINAL CODE Open official source

(1) The jury may apply to the court for any elucidation or

explanation they may require for the discharge of their duties. And

every such elucidation or explanation shall be given in open court.

(2) The jury may, for the purpose of considering their verdict,

withdraw to the place appointed for that purpose.

(3) When the jury shall have retired to deliberate, the registrar

shall be the means of communication between the jury and the

court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 471 Jurors not to absent themselves or communicate with unauthorized persons. — CRIMINAL CODE Open official source

(1) A juror once impanelled must not, until the recording

of the verdict of the jury, absent himself or communicate with any

one except with the court, the other jurors, or the officer authorized

to communicate with the jurors, save, in some special case, with

leave of the court.

(2) When a trial does not come to an end on the same day in

which the names of the persons to serve as jurors have been drawn,

the court may, unless it deems it prejudicial in the interests of

justice, allow the jurors to return to their respective home on

condition that they present themselves in court on the day and time

to which the trial has been adjourned, and on such other conditions

that the judge may deem fit to impose in the interests of justice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 472 — CRIMINAL CODE Open official source

After the jury shall have retired for their deliberation and

until their verdict is recorded, they shall not be allowed to have

food or drink without leave of the court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 473 Jury to inform court as soon as they are ready to return verdict. — CRIMINAL CODE Open official source

As soon as the jury are ready to return their verdict, they

shall cause the court to be informed, in order that it may hear the

delivery thereof in open court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 474 Reading out of verdict by the jury. — CRIMINAL CODE Open official source

The court shall, through the registrar, ask the jury,

"whether the accused is guilty of what is adduced against him in

the indictment", and the foreman, in the presence of all the other

jurors, shall read out in open court the verdict returned by the jury,

and such verdict shall be given to the registrar to be by him

recorded.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 475 Additional declaration by jury relative to facts amounting to an excuse. — CRIMINAL CODE Open official source

If, after the accused has been in any form found guilty, the

court is of opinion that, upon the submissions made by the defence

or as a result of the facts proved at the trial, there should be a

further declaration on the part of the jury as to whether some fact,

which the law expressly specifies as an excuse and of which no

mention was made in the indictment, has or has not been proved in

the case, the court shall refer the question for the determination of

the jury who shall answer affirmatively or negatively, as they shall

adjudge

Provided that nothing in this article shall prevent the jury,

when finding the accused guilty in any form as provided in article

467, if so satisfied from the evidence, from declaring on their own

initiative and without waiting for any question by the court to that

effect, that some particular fact, which the law expressly specifies

as an excuse, has been proved; in which case, the jury shall find the

accused guilty, and also that the facts constituting the excuse

specified in the law have been proved.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 476 Verdict by jury in case of infanticide. — CRIMINAL CODE Open official source

(1) If a woman tried for the murder of her child or for

infanticide is acquitted thereof, it shall be lawful for the jury, by

whose verdict such woman is acquitted, to find, in case it shall so

satisfactorily appear in evidence, that such woman had given birth

to a child and that, by secretly burying or otherwise disposing of

the dead body of such child, she endeavoured to conceal the birth

thereof.

(2) If a person tried for the theft, whether simple or aggravated,

of any object is found not guilty of that charge, it shall be lawful

for the jury to find him guilty of misappropriation of that object or

of the offence contemplated in article 334 with regard to that

object, if there is proof to that effect; and, conversely, a person

tried for misappropriation or for the offence contemplated in article

334 may be found guilty of theft, whether simple or aggravated, of

the object concerned if there is proof to that effect

Provided that in no case shall the punishment be more

severe than that demanded in the indictment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 477 Powers of court in case of incomplete or ambiguous verdict. — CRIMINAL CODE Open official source

It shall be in the power of the court to require the jury to

consider any question upon which they are empowered to enter a

verdict according to the provisions of article 467, and also to

consider whether any material circumstance which will serve to

complete or explain the first verdict, has or has not been proved.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 478 Riders on supplementary questions. — CRIMINAL CODE Open official source

Any other question which the court may deem necessary to

put to the jury in consequence of their first verdict, shall be made,

and the relative answer received, in the manner provided in article

474.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 479 Verdict not to be recorded before it is complete. — CRIMINAL CODE Open official source

In all cases where a further deliberation by the jury is

required in order to render their verdict complete, the court shall

order that the verdict be not recorded until it is complete.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 480 Questions to jury. — CRIMINAL CODE Open official source

(1) It shall be lawful for the court, in order to assist the

jury in the discharge of their functions, to give to the jury, through

the registrar, one or more written questions, which shall be by the

registrar signed and read out in open court, respecting the matters

upon which, in the various cases referred to in articles 467, 475,

477 and 488, the jury are empowered or bound to enter a verdict.

(2) It shall be lawful for the court to make, where necessary,

the said questions, either orally or in writing, even after the jury, in

answer to the question whether the accused is guilty of the offence

as stated in the indictment, have found the accused not guilty of

such offence or have found him guilty but not in terms of the

indictment.

CRIMINAL CODE

(3) If any doubt arises on any question of law upon the

determination of which might depend the finding of the jury as to

w h e t h e r t h e a c c u s e d i s g u i l t y o f t h e o ff e n c e s t a t e d i n t h e

indictment, or of any other offence as provided in article 467, or

whether the facts adduced in the defence constitute an excuse

according to law, it shall be in the power of the jury, if they so

desire, instead of finding the accused guilty or not guilty, or that an

excuse has or has not been proved, to find only, upon written

questions given to them by the court for the purpose, that the facts

or some of the facts adduced either against or in favour of the

accused have or have not been proved, and to leave to the court to

determine whether the facts found by the jury constitute the offence

stated in the indictment or any other offence under the provisions

of the said article 467 or an excuse according to law.

(4) The court shall pronounce judgment on any question so

referred to it by the jury on the same day or on any other day after

hearing the Attorney General and the accused or his advocate in the

manner provided in article 490.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 481 Separate verdict in respect of each offence and of each accused. — CRIMINAL CODE Open official source

If more offences are charged in the same indictment or if

the accused on trial are more than one, the jury shall give a separate

verdict in respect of each offence and of each accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 482 Number of votes to be stated in every verdict. — CRIMINAL CODE Open official source

Every verdict of the jury shall state the number of votes

which concurred in such verdict.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 483 Further deliberation in default of legal number of votes. — CRIMINAL CODE Open official source

Where, on the reading out in court of any verdict, the

absence of the concurrence of at least six votes in support of such

verdict is made to appear to the court by a number of jurors

sufficient to show such defect, the court shall require the jury to

retire for further deliberation under the direction of the foreman of

the jury or of any other juror whom the court shall appoint for that

purpose in order that a true verdict may be returned; and no verdict

shall be recorded so long as there is not the number of votes

required by law for a true verdict.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 484 Recommendatio n of accused to mercy of court. — CRIMINAL CODE Open official source

Any juror may recommend to the mercy of the court the

accused person found guilty, stating the reason for so doing; and

the court may take into consideration any such recommendation,

either in applying the law, or by communicating the same to the

President of Malta in a report made for the purpose, or in any of the

reports referred to in articles 493 and 494.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 485 Trial to go on without interruption. — CRIMINAL CODE Open official source

Once the jury has been impanelled, the trial of the cause

shall be continued without interruption up to the recording of the

verdict of the jury inclusively; and it shall not be adjourned, except

for such intervals as the court may think necessary for the rest of

the court itself, of the jurors, witnesses, or parties accused, or if a

Saturday, a Sunday or other public holiday intervenes

Provided that the court may, if it deems it expedient so to

do, continue the trial of the cause on any Saturday, Sunday or other

public holiday.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 486 Death or other impediment of juror. — CRIMINAL CODE Open official source

If, before the verdict of the jury is returned, a juror dies, or

becomes unable to discharge his duties, the court, where no

supplementary jurors as provided in article 610(2) have been

appointed, shall proceed to the appointment of a new juror, if this

can conveniently be done on the same day; otherwise it shall

adjourn the cause to another day to be tried by a new jury; and in

either case all proceedings which may have taken place before the

jury up to that time shall take place anew.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 487 Acquittal and discharge of accused if declared not guilty. — CRIMINAL CODE Open official source

If the jury find the accused not guilty in terms of article

467(5), the court shall acquit him, and shall order that he be set at

liberty, unless he is in custody for some other reason.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 488 Insanity and want of discretion as grounds for acquittal to be stated in verdict. — CRIMINAL CODE Open official source

(1) If the accused is found not guilty on the ground of his

insanity at the time of the offence, or if the accused, being under

fourteen years of age or a deaf-mute, is found not guilty on the

ground of want of discretion, such ground shall be stated in the

verdict of the jury.

(2) If such ground is not stated in the verdict, the court shall

put to the jurors a specific question on that point, and the jurors

shall answer affirmatively or negatively as they shall have

adjudged.

(3) If the majority of the jurors shall answer affirmatively, the

provisions of article 35(3) and (4), or of article 39(2), or of article

623(1), as the case may be, shall apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 489 Previous conviction not to be disclosed to jury. — CRIMINAL CODE Open official source

Where the law by reason of any previous conviction

prescribes an increase of punishment for a subsequent offence, the

trial shall proceed as if the previous conviction and sentence of the

accused had not been alleged in the indictment; and the allegation

of any such previous conviction and sentence shall not be

submitted to the jury until after and if the jury shall have declared

the accused guilty of such subsequent offence

Provided, however, that, if upon the trial in respect of such

subsequent offence or relapse, evidence is adduced as to the good

character of the accused, it shall be lawful for the Attorney

General, in answer thereto, to read out the indictment and to prove

the conviction of, and sentence passed on, the accused for the

previous offence, even before the jury shall have found the accused

guilty.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 490 Question by court to accused as to applicability of punishment. — CRIMINAL CODE Open official source

(1) The fact of the guilt of the accused having been

established, the court shall ask him if he has to say anything in

regard to the applicability of the punishment demanded by the

Attorney General. If no opposition is made, the court, if it is

satisfied that the punishment demanded is that prescribed by law,

shall pronounce sentence; but, in case of opposition, or of a doubt

expressed by the court itself, the court shall hear the Attorney

General, and, in answer, the accused or his advocate. After the

answer, the Attorney General may reply, and after the reply, the

accused or his advocate may put in a rejoinder.

CRIMINAL CODE

(2) After the submissions of the Attorney General and of the

accused or his advocate, the court shall decide whether the

punishment demanded is that which ought to be applied according

to law and, if it decides that it is not, it shall determine the

punishment applicable to the case, stating the reasons for its

decision.

(3) An injured party may, by application, request the Criminal

Court to be allowed, personally or through legal counsel, to make

submissions on the appropriate sentence to be passed on the

accused and if the court allows the application the injured party or

his legal counsel shall be given the opportunity to make such

submissions at the stage referred to in sub-article (1) and before the

court asks the accused if he has to say anything in regard to the

applicability of the punishment demanded by the Attorney General

Provided that the failure, for any reason, of the injured

party to make submissions on sentence as aforesaid shall not

preclude the court from proceeding with any hearing or from

pronouncing judgment as provided in article 491.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 491 Judgment. — CRIMINAL CODE Open official source

The court shall pronounce judgment as soon as possible.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 492 Court may award a lesser punishment when jury are not unanimous. — CRIMINAL CODE Open official source

(1) Where at any time before the constitution of the jury

the accused declares himself guilty and for the fact admitted by the

accused there is established the punishment of imprisonment for

life, the court may, instead of the said punishment, impose the

punishment of imprisonment for a term from twelve to forty years.

(2) It shall be lawful for the court to award a sentence of

imprisonment for a term of not less than twelve years in lieu of the

punishment of imprisonment for life if, in establishing a fact

involving the latter punishment, the jury shall not have been

unanimous.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 493 Court’s recommendation on passing sentence of imprisonment for life. — CRIMINAL CODE Open official source

After sentencing any person to imprisonment for life, the

court may recommend in writing to the Prime Minister within

twenty-four hours the minimum period which in its view should

elapse before the prisoner is released from prison. Such

recommendation shall be made available to the person sentenced,

and a copy thereof shall be kept by the registrar.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 494 Recommendatio n by judge for pardon or mitigation of punishment. — CRIMINAL CODE Open official source

It shall be lawful for any judge, who sat in a trial, to

recommend to the President of Malta, for pardon or mitigation of

punishment any person sentenced by making for this purpose a

report in writing stating the reason for such recommendation.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 495 Death or illness of judge, Attorney General or accused or his advocate. — CRIMINAL CODE Open official source

(1) If, during the trial, or after the jury have returned a

verdict of guilty, the sitting judge dies or becomes ill, another judge

shall be surrogated as provided by law, and all proceedings which

shall have taken place subsequently to the recording of the answer

given by the accused, shall take place anew, if the court shall so

deem fit.

(2) Whatever shall be the verdict of the jury after the

proceedings shall have taken place anew, it shall not be lawful to

a w a r d a p u n i s h m e n t h i g h e r t h a n t h a t t o w h i c h t h e o ff e n c e

previously found by the jury was liable.

(3) The proceedings which shall have already taken place shall

not take place anew if the accused had been found not guilty.

(4) The proceedings shall take place anew, if the Attorney

General or prosecuting counsel dies, or becomes ill, before he has

discharged the duties set out in articles 456, 457 and 464, or if the

advocate for the accused dies or becomes ill, or if the accused

himself becomes ill, before the defence as provided in article 458 is

terminated.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 496 Functions of registrar in the Criminal Court. Second part of sec.30 of Ord. VI of 1980 incorporated. — CRIMINAL CODE Open official source

The functions of the registrar in the Criminal Court may be

performed by any of the court executive officers referred to in article

57(3) of the Code of Organization and Civil Procedure.

Title V

T HE C OURT OF C RIMINAL A PPEAL

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 497 Interpretation. — CRIMINAL CODE Open official source

In this Title, unless the context otherwise requires, -

the expression "appellant" includes a person who has been

convicted and desires to appeal under this Title; and

the expression "sentence" includes any order of the court made

on conviction with reference to the person convicted and the power

of the Court of Criminal Appeal to pass a sentence includes a

power to make any such order.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 498 The Court of Criminal Appeal. — CRIMINAL CODE Open official source

(1) There shall be a Court of Criminal Appeal which shall

have jurisdiction to hear and determine appeals under this Title and

appeals from judgments of the Court of Magistrates as well as to

deal with other proceedings under this Title.

(2) Saving the provision of article 418 in regard to the

constitution of the said court for the hearing of appeals from

judgments of the Court of Magistrates, the Court of Criminal

Appeal shall consist of the Chief Justice, who shall be the President

of the Court and two other of the judges appointed by the President

of Malta

CRIMINAL CODE

Provided that, in the case of absence or lawful impediment

of any of the members of the court, the President of Malta shall

appoint another or others of the judges to sit instead.

(3) The determination of any question before the Court of

Criminal Appeal shall be according to the opinion of the majority

of the members of the court hearing the case and one judgment

shall be delivered as the judgment of the whole court.

(4) The Court of Criminal Appeal shall for the purposes of and

subject to the provisions of this Title have full power to determine,

in accordance with this Title, any questions necessary to be

determined for the purpose of doing justice in the case before the

court.

(5) The provisions contained in this Title shall not apply to

appeals from judgments of the Court of Magistrates.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 499 Appeal at the instance of Attorney General or of accused. — CRIMINAL CODE Open official source

(1) An appeal shall lie to the Court of Criminal Appeal at

the instance of the Attorney General or of the accused from any

decision given, after the reading out of the indictment and before

the accused pleads to the general issue of guilty or not guilty, on

any of the pleas referred to in article 449(1)(a), (b), (c), (d) and (g)

and from any decision regarding the admissibility of evidence.

(2) An appeal shall also lie at the instance of the accused from

any decision given, on an application of the Attorney General,

under article 402(5) or from any decision given, after the reading

out of the indictment and before the accused pleads to the general

issue of guilty or not guilty, on any of the pleas referred to in article

449(1)(e) and (f).

(3) Where the Attorney General or, as the case may be, the

accused desires to enter an appeal under sub-article (1) or (2) he

must give notice of appeal by means of a note immediately after the

decision of the court is pronounced and thereupon the court, if the

case so requires, shall stay further proceedings until the expiration

of the time allowed as hereinafter provided for the appeal or, if an

appeal is entered, until the determination thereof by the Court of

Criminal Appeal.

(4) An appeal under sub-article (1) or (2) shall be made by

application filed in the Court of Criminal Appeal within five

working days from the date of the decision appealed from.

(5) Any appeal made under this article by the Attorney General

shall not stay the execution of the decision appealed from.

(6) On any appeal under this article, the Court of Criminal

Appeal shall, if it allows the appeal, set aside the decision appealed

from and make such order for the discharge of the accused or the

further prosecution of the proceedings or make such other orders

including orders for the re-arrest or custody of the person accused

or give such other directions as the case may require.

(7) The default of the accused to make an appeal under this

article shall not preclude him from raising the question which he

could have raised by any such appeal in any appeal which he may

make under the next following article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 500 Appeals against conviction or sentence. — CRIMINAL CODE Open official source

(1) A person convicted on indictment may appeal to the

Court of Criminal Appeal against his conviction in all cases or

against the sentence passed on his conviction unless the sentence is

one fixed by law.

(2) The Attorney General may appeal to the Court of Criminal

Appeal against an acquittal or a wrong finding of guilt on the bill of

indictment or part thereof or against the sentence passed unless the

sentence is one fixed by law.

(3) Notwithstanding the provisions of article 28I(2) and of the

Probation Act, if it appears to him that the sentence was unduly

lenient the Attorney General may also appeal from any judgment

convicting a person for an offence liable to imprisonment for a term

exceeding two years if the sentence has applied the provisions of

article 21 or of articles 28A to 28H or the provisions of the

Probation Act.

(4) The Court of Criminal Appeal shall allow an appeal by the

Attorney General if it considers that there has been a grave

irregularity during the proceedings, or that the judgement is clearly

the result of a manifest misinterpretation or of a manifestly wrong

application of the law, which could have had a bearing on the

verdict

Provided that the Court may, notwithstanding that it is of

opinion that the point raised in the appeal under this sub-article

might be decided in favour of the Attorney General, dismiss the

appeal if it considers that no miscarriage of justice has actually

occurred.

(5) The Court of Criminal Appeal shall, upon an appeal made

in terms of sub-articles (2) or (4) affirm, vary or reverse the verdict

from which an appeal has been filed, or, if it considers that a

sentence of greater severity should have been passed, quash the

sentence passed at the trial and pass such sentence of greater

severity warranted in the law in substitution thereof as it considers

ought to have been passed, and in any other case shall dismiss the

appeal

Provided that if the court considers that it would be more just in

the circumstances to do so, the court shall quash the sentence and send

the case for retrial before the Criminal Court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 500A Submissions by injured party to Court of Criminal Appeal on sentence. — CRIMINAL CODE Open official source

On any appeal against sentence an injured party may, by

application, request the Court of Criminal Appeal to be allowed,

personally or through legal counsel, to make submissions on the

appropriate sentence to be passed on the accused and if the court

allows the application the injured party or his legal counsel shall be

given the opportunity to make such submissions after the court has

heard the appellant’s submissions in support of the appeal; the

person convicted and the Attorney General shall be given the

opportunity to respond to the submissions by the injured party or

his legal counsel

Provided that the failure, for any reason, of the injured

party or his legal counsel to make submissions on sentence as

CRIMINAL CODE

aforesaid on the appointed day shall not preclude the court from

proceeding with any hearing or from pronouncing judgement.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 500B References by the Attorney General. — CRIMINAL CODE Open official source

(1) Where a person tried on indictment has been acquitted

(whether in respect of the whole or part of the indictment) the

Attorney General may, if he desires the opinion of the Court of

Criminal Appeal on a point of law which has arisen in the case and

within the time laid down in article 504, refer that point to the

court, and the court shall, in accordance with this article, consider

the point and give their opinion on it.

(2) For the purpose of their consideration of a point referred to

them under this article the Court of Criminal Appeal shall hear

argument -

(a) by the Attorney General; and

(b) either by counsel for the defence, if the acquitted

person desires to present any argument to the court or,

in default, by the Advocate for Legal Aid.

(3) A reference under this article shall not affect the trial in

relation to which the reference is made or any acquittal in that trial.

(4) The Board referred to under article 516(3) may make rules

to regulate the form and contents of the reference by the Attorney

General under this article and to provide for all other matters

connected therewith or ancillary thereto.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 501 Determination of appeals in ordinary cases. — CRIMINAL CODE Open official source

(1) On any appeal against conviction by the person

convicted, the Court of Criminal Appeal shall allow the appeal -

(a) if it thinks that the appellant has been wrongly

convicted on the facts of the case; or

(b) if it thinks that there has been an irregularity during

the proceedings, or a wrong interpretation or

application of the law, which could have had a bearing

on the verdict

Provided that the court may, notwithstanding that it is of

opinion that the point raised in the appeal under paragraph (b)

might be decided in favour of the appellant, dismiss the appeal if it

considers that no miscarriage of justice has actually occurred.

(2) Subject to the provisions of the next following article and

of article 508(1), the Court of Criminal Appeal shall, if it allows an

appeal against conviction, quash the conviction and direct a

judgment and verdict of acquittal to be entered.

(3) On an appeal against sentence by the person convicted, the

Court of Criminal Appeal shall, if it thinks that a different sentence

should have been passed, quash the sentence passed at the trial, and

pass such other sentence warranted in law by the verdict (not being

a sentence of greater severity) in substitution therefor as it thinks

ought to have been passed, and in any other case shall dismiss the

appeal.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 502 Powers of Court of Criminal Appeal in special cases. — CRIMINAL CODE Open official source

(1) If it appears to the Court of Criminal Appeal that an

accused, though acquitted or not properly convicted on some count or

part of the indictment, has been properly convicted on some other

count or part of the indictment, the court may either affirm the

sentence passed on the accused at the trial or pass such sentence in

substitution therefor as it thinks proper and as may be warranted in

law by the verdict on the count or part of the indictment on which

the court considers that the accused has been properly convicted

Provided that where the appeal is filed by the person convicted

such other sentence shall not be of greater severity than the sentence

passed at the trial taken as a whole, whether or not the last

mentioned sentence was expressed to be passed on that part of the

indictment.

(2) Where an accused has been convicted of an offence and the

jury could on the indictment have found him guilty of some other

offence, and on the finding of the jury it appears to the Court of

Criminal Appeal that the jury must have been satisfied of facts

which proved him guilty of that other offence, the court may,

instead of allowing or dismissing the appeal, substitute for the

verdict found by the jury a verdict of guilty of that other offence,

and pass such sentence in substitution for the sentence passed at the

trial as may be warranted in law for that other offence which in the

case of an appeal filed by the person convicted shall not be a sentence of

greater severity.

(3) Where the jury have found a verdict falling within the

provisions of article 480(3), and the Court of Criminal Appeal

considers that a wrong conclusion has been arrived at by the

Criminal Court on the effect of that verdict, the Court of Criminal

Appeal may, instead of allowing the appeal, order such conclusion

to be recorded as appears to the court to be in law required by the

verdict, and pass such sentence (which, in the case of an appeal filed

by the person convicted shall not be a sentence of greater severity) in

substitution for the sentence passed at the trial as may be warranted

in law.

(4) Where on an appeal against conviction the Court of

Criminal Appeal is of opinion that although the appellant

committed the act or made the omission charged against him he was

insane at the time the act was done or omission made so as not to be

responsible according to law for his actions, the court may quash

the sentence passed at the trial and order the appellant to be kept in

custody in Mount Carmel Hospital in which case the provisions of

article 623(1), (2) and (3) shall apply.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 503 Appeal against verdict of not guilty on the ground of insanity. — CRIMINAL CODE Open official source

(1) A person in whose case a verdict of not guilty on the

ground of his insanity at the time of the act or omission charged is

returned, may appeal against the verdict and on any such appeal the

same provision as contained in article 501(1) shall mutatis

mutandis, subject as hereinafter provided, apply.

(2)

Where apart from this article -

(a) an appeal against a verdict such as is mentioned in

sub-article (1) would fall to be allowed, and

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(b) none of the grounds for allowing it relates to the

question of the insanity of the accused,

the Court of Criminal Appeal may dismiss the appeal if of opinion

that, but for the insanity of the accused, the proper verdict would

have been that he was guilty of an offence other than the offence

charged.

(3) In the case of an appeal under sub-article (1) the appeal

may be heard and determined in the absence of the appellant and, if

he is not assisted by an advocate, the provisions of article 519 shall

apply.

(4) Where in accordance with sub-article (1) an appeal is

allowed -

(a) if the ground, or one of the grounds, for allowing the

appeal is that the finding of the jury as to the insanity

of the accused ought not to stand and the Court of

Criminal Appeal is of opinion that he was guilty of an

offence (whether the offence charged or any other

offence of which the jury could have found him

guilty), the court shall substitute for the verdict of not

guilty on the ground of insanity a verdict of guilty of

that offence, and shall have the like powers of

punishing or otherwise dealing with the accused as the

court before which he was tried would have had if the

jury had come to the substituted verdict;

(b) in any other case, the Court of Criminal Appeal shall

substitute for the verdict of the jury a verdict of

acquittal

Provided that where the offence mentioned in paragraph (a)

is one for which the sentence is fixed by law, the sentence shall

(whatever the circumstances) be one of imprisonment for life or for

a term not less than twelve years.

(5) The term of any sentence passed by the Court of Criminal

Appeal in the exercise of the powers conferred by sub-article (4)(a)

shall, unless the court otherwise directs, begin to run from the time

when it would have begun to run if passed in the proceedings in the

Criminal Court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 504 Form and time for entering appeal. — CRIMINAL CODE Open official source

Any appeal under this Title shall be brought before the

Court of Criminal Appeal by an application to be filed in that court,

except where otherwise provided, within fifteen working days from

the date of the decision appealed from.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 505 Contents of application of appeal. — CRIMINAL CODE Open official source

(1) Besides the indications common to judicial acts, the

application shall contain a brief but clear statement of the facts of

the case, the grounds of the appeal and the relief sought by the

appellant.

(2) The application shall, on pain of nullity, be signed by an

advocate or by the appellant himself.

(3) The record of the proceedings of the Criminal Court shall

be lodged by the Registrar of Courts before the Court of Criminal

Appeal within two working days from the day when the application

is filed.

(4) A copy of the application shall be served on the Attorney

General or on the accused, as the case may require, at least eight

working days before the day appointed for the hearing of the

appeal, unless the court shall in any case of urgency direct service

with a shorter notice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 506 Supplemental powers of the Court of Criminal Appeal. — CRIMINAL CODE Open official source

The Court of Criminal Appeal may, if it thinks it

necessary or expedient in the interests of justice -

(a) order the production of any document, exhibit or other

thing connected with the proceedings, the production

of which appears to it necessary for the determination

of the case; and

(b) if it thinks fit order any witnesses who would have

been compellable witnesses at the trial to attend for

examination and be examined before the court,

whether they were or were not called at the trial, or

order the examination of any such witnesses to be

conducted in any manner provided by law; and

(c) if it thinks fit receive the evidence, if tendered, of any

witness (including the appellant) who is a competent

but not compellable witness, and, if the appellant

makes an application for the purpose, of spouse of the

appellant, in cases where the evidence of the spouse

could not have been given at the trial except on such

application, subject to the provisions of article 635.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 507 Duty to admit evidence. — CRIMINAL CODE Open official source

Without prejudice to the generality of the last preceding

article, where evidence is tendered to the court under that article,

the court shall, unless it is satisfied that the evidence if received

would not afford any ground for allowing the appeal, exercise its

power under that article of receiving it if -

(a) it appears to it that the evidence is likely to be credible

and would have been admissible at the trial on an issue

which is the subject of the appeal; and

(b) it is satisfied that it was not adduced at the trial, but

that there is a reasonable explanation for the failure so

to adduce it.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 508 Power of Court of Criminal Appeal to order new trial. — CRIMINAL CODE Open official source

(1) Where an appeal is allowed by reason only of

evidence received or available to be received by the Court of

Criminal Appeal under articles 506 and 507 or by reason of a point

raised under articles 500(4) or 501(1)(b) and in each case it appears to

the court that the interests of justice so require, the court may,

instead of directing the entry of a judgment and verdict of acquittal

as provided by articles 500(5), 501(2) or by article 503(4)(b), order

31. the appellant to be retried.

(2) An accused shall not be retried by virtue of this article for

any offence other than -

(a) the offence of which he was convicted or acquitted at the

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original trial and in respect of which the appeal is

allowed as aforesaid;

(b) any offence of which the accused could have been

convicted at the original trial on an indictment for the

first-mentioned offence; or

(c) any offence charged in an alternative count of the

indictment in respect of which the jury were

discharged from giving a verdict in consequence of

convicting the accused of the first-mentioned offence.

(3) An accused who is to be retried for an offence in pursuance

of an order under sub-article (1) shall be tried upon a fresh

indictment.

(4) The Court of Criminal Appeal may, upon ordering a retrial

under sub-article (1), make such orders as appear to the court to be

necessary or expedient for the custody or admission to bail of the

accused pending the retrial.

(5) Where a new trial is ordered under sub-article (1) in the

case of a person who, immediately before the determination of his

appeal, was liable to be detained in Mount Carmel Hospital in

pursuance of an order of the Criminal Court, the order shall

continue in force pending the retrial as if the appeal had not been

allowed and any order made by the Court of Criminal Appeal under

the last preceding sub-article of this article for his custody or

admission to bail shall have effect subject to the said order.

(6) On a retrial ordered under sub-article (1) a transcript of the

notes, in shorthand or otherwise, of the evidence given by any

witness at the original trial may, with the leave of the judge, be read

as evidence -

(a) by agreement between the prosecution and the

defence; or

(b) if the judge is satisfied that the witness is dead or unfit

to give evidence or to attend for that purpose, or that

all reasonable efforts to find him or to secure his

attendance have been made without success.

(7) Where a person ordered to be retried under sub-article (1) is

convicted on the retrial, the Criminal Court may pass in respect of

the offence any sentence authorized by law, which in the case of a

retrial ordered upon an appeal of the person convicted shall not be a

sentence of greater severity th a n t hat p a s s e d o n th e or ig in a l

conviction.

(8) Where the person convicted on retrial is sentenced to

imprisonment or detention, the sentence shall begin to run from the

time when a like sentence passed at the original trial would have

begun to run, but in computing the term of his sentence or the

period for which he may be detained thereunder, as the case may

be, there shall be disregarded any time during which he was at large

after being admitted to bail under sub-article (4).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 509 Stay of execution of judgment. — CRIMINAL CODE Open official source

(1) The Court of Criminal Appeal may, if it deems fit, on

the application of the appellant admit the appellant to bail pending

the determination of his appeal made under article 499 or 500.

(2) The power of the Court of Criminal Appeal under sub-

article (1) to admit an appellant to bail, may be exercised by any

judge of the court in the same manner as it may be exercised by the

court and subject to the same provisions; but, if the judge refuses

an application on the part of the appellant, the appellant shall be

entitled to have the application determined by the Court of

Criminal Appeal.

(3) The provisions of Title IV of Part II of Book Second of this

Code shall mutatis mutandis apply.

(4) The time during which an appellant, pending the determina-

tion of his appeal, is admitted to bail shall not count as part of any

term of imprisonment or detention under his sentence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 510 Challenge or abstention of judge. — CRIMINAL CODE Open official source

(1) Any objection to any judge sitting in the Court of

Criminal Appeal shall be raised, and the decision of the court

thereon shall be given, before the appellant begins to make his

submissions to the court on the merits of the appeal.

(2) The provisions of article 446(2), (3), (4), (5), (6), (7) and

(8) and the provisions of article 447 shall apply in any proceedings

before the Court of Criminal Appeal, so, however, that, for the

purpose of such proceedings, any reference in those provisions to

the reading out of the indictment shall be construed as a reference

to the commencement of the submissions by the appellant on the

merits of the appeal, the reference in the said sub-articles (2) and

(4) to the accused shall be construed as including the person

c o n vi c te d on i nd i c t m e n t w h o h a s a p p e a le d a n d a n y p e r s on

appealing in terms of article 503(1), and the reference in the said

sub-article (4) to the hearing of the cause shall be construed as a

reference to the hearing of the appeal.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 511 Death or illness of judge, Attorney General, or accused or his advocate. — CRIMINAL CODE Open official source

(1) If, during the hearing of the appeal, any of the sitting

judges dies or becomes ill, another judge shall be surrogated as

provided under article 498 and all proceedings shall take place

anew if the court, in the interests of justice, shall so deem fit or if

the accused makes a demand to that effect

Provided that the proceedings shall in any case take place

anew where the surrogated judges are two or more

Provided further that it shall not be lawful to raise again

any objection to a judge sitting in the court which has been already

decided or any question on which the court has already given

judgment before the surrogation of the judge or judges has taken

place.

(2) If the Attorney General or counsel delegated by him dies or

becomes ill or if the advocate for the appellant dies or becomes ill

or if the appellant himself becomes ill, during the hearing of the

appeal, it shall be within the discretion of the court as the interests

of justice may require to order that all proceeding shall take place

anew

CRIMINAL CODE

Provided that in the case of the death of the advocate for the

appellant or in the case of illness of such advocate and substitution

by another advocate, all proceedings shall always take place anew

if the appellant makes a demand to that effect.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 512 Provisions as to proceedings before Court of Criminal Appeal. — CRIMINAL CODE Open official source

(1) The provisions of article 420, article 421(1), articles

422, 423, 425, 427, 441, 442, 444 and 452 shall apply in any

proceedings before the Court of Criminal Appeal

Provided that, for the purpose of such proceedings, any

reference in those provisions to the superior court and to the

inferior court shall be construed as being a reference respectively to

the Court of Criminal Appeal and to the Criminal Court.

(2) Notwithstanding the provisions of article 420, where the

appellant who has made the declaration on oath referred to in that

2007. article, cannot be assisted by the Advocate for Legal Aid for the

reason stated in paragraph (a) of the same article and where he was

assisted before the Criminal Court by an advocate appointed in

terms of article 571, the Court of Criminal Appeal shall, in so far as

possible, appoint the same advocate to assist the appellant in the

proceedings of appeal, and the provisions of articles 571, 572 and

573 shall apply in respect of such appointment.

(3) The Court of Criminal Appeal may, if it considers an appeal

to be frivolous, sentence the appellant to a fine (multa) not

exceeding two hundred and thirty-two euro and ninety-four cents

(€232.94).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 513 Recommendatio n by judge sitting in the Court of Criminal Appeal. — CRIMINAL CODE Open official source

Any judge may exercise, in relation to any matter which

has been dealt with by the Court of Criminal Appeal while he was

sitting therein, the power of recommendation mentioned in article

494 in like manner as such power may be exercised by a judge

sitting in the Criminal Court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 514 Functions of registrar in the Court of Criminal Appeal. — CRIMINAL CODE Open official source

The functions of the registrar in the Court of Criminal Appeal

may be performed by any of the court executive officers referred to in

article 57(3) of the Code of Organization and Civil Procedure.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 515 Prerogative of mercy. — CRIMINAL CODE Open official source

(1) Nothing in this Title shall affect the prerogative of

mercy, but the Prime Minister on an application made to him by a

person convicted on indictment or without any such application

may, if he thinks fit, at any time either -

(a) refer the whole case to the Court of Criminal Appeal

and the case shall then be treated for all purposes as an

appeal to that court by the person convicted; or

(b) if he desires the assistance of the Court of Criminal

Appeal on any point arising in the case, refer that point

to that court for its opinion thereon, and the court shall

consider the point so referred and furnish the Prime

Minister with its opinion thereon accordingly.

(2) The power of the Court of Criminal Appeal to exercise its

functions under this article may be exercised notwithstanding that

the person concerned is for any reason not present.

P ROVISIONS APPLICABLE TO THE C OURTS OF

C RIMINAL J USTICE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 516 Language of the courts. — CRIMINAL CODE Open official source

(1) The Maltese language shall be the language of the

courts and, subject to the provisions of the Judicial Proceedings

(Use of English Language) Act, all the proceedings shall be

conducted in that language.

(2) Where any person charged does not understand the

language in which the proceedings are conducted or any evidence is

adduced, such proceedings or evidence shall be interpreted to him

either by the court or by a sworn interpreter.

(3) There shall be a Board composed of the Chief Justice, a

judge appointed by the President of Malta from among the judges

ordinarily sitting in the Criminal Court, the Attorney General, a

magistrate appointed by the Minister of Justice, and the president

of the Chamber of Advocates with power to make rules to be called

Rules of Court for any of the purposes referred to in article 29 of

the Code of Organization and Civil Procedure, in so far as

applicable, the reference to that Code in that article being construed

as a reference to this Code

Provided that nothing contained in such rules shall be

inconsistent with, or repugnant to, the provisions of this Code or

any other law.

(4) The Board may act notwithstanding any vacancy in its

membership but shall not act unless at least the Chief Justice and

two other members are present.

(5) Any rules made by the Board shall be subject to the

approval of the President of Malta and shall be published in the

Gazette.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 517 Prohibition of publication of proceedings. — CRIMINAL CODE Open official source

(1) Every court of criminal justice may, by an order to be

signed by the registrar and posted up at the door of the building in

which the court sits, prohibit the publication, before the

termination of the proceedings, of any writing, whether printed or

not, in respect of the offence to which the proceedings refer, or of

the party charged or accused; and any person who fails to comply

with the order, shall, for the mere default, be guilty of contempt of

the authority of the court, and be liable to punishment as provided

in article 686, saving always any other punishment to which the

offender may be liable according to law, in respect of any other

offence arising from the said writing or from its publication

Provided that in respect of such other offence separate

proceedings must be instituted, according to law.

(2) If any such order is made by the Court of Magistrates as

court of criminal inquiry, and is not repealed by such court before

the termination of the inquiry, it shall remain in force until it is

repealed by the Criminal Court, after the expiration of the term

allowed for the filing of the indictment by the Attorney General, by

another order signed by the registrar and affixed in the same place

where the first order was posted up.

(3) If the Attorney General or the Police become aware of the

publication of any writing in contravention of this article, they

shall inform the court by which the order of prohibition was made

and shall carry out such directions as the court shall give, orally or

in writing, for proceedings to be taken before the court against the

offender, either by summons or by arrest.

(4) The Criminal Court or Court of Criminal Appeal may

delegate to the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as court of criminal judicature, the cognizance

of the offence, in which case the latter court shall proceed as if the

order to which the offence relates had been made by itself.

(5) No objection may be taken against any judge or magistrate

on the ground that he was the sitting judge or magistrate when the

order, to which the offence relates, was made.

(6) Nevertheless, the publisher of any writing containing only a

true copy of the charge or of the indictment, or a mere indication of

the day appointed for the hearing of the cause, shall not be liable to

punishment, provided that nothing be thereto added, implying an

expression of opinion on the said cause, whether in regard to the

offence in general or in regard to the individual who committed the

offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 518 Accessibility of acts and documents of courts of criminal justice. — CRIMINAL CODE Open official source

The acts and documents of the courts of criminal justice

shall not be open to inspection, nor shall copies thereof be given,

without the special permission of the court, except by or to the

Attorney General, by or to the parties concerned or by or to any

advocate or legal procurator authorized by such parties; but any act,

which is pronounced in open court, shall be open to inspection by

any person, and copies thereof may be given on payment of the

usual fee

Provided that a procès-verbal and any depositions and

documents filed therewith shall be open to inspection, and copies

thereof shall be given, only at the discretion of the Attorney

General and on payment of such fees as may be prescribed by the

Minister responsible for justice as provided in article 695

Provided further that where the Attorney General grants his

consent that a procès-verbal be open to inspection and that copies

thereof may be given, a person who proves to the satisfaction of the

Attorney General that he is personally a victim or the heir of the victim

of the offence forming the merits of the procès-verbal, shall not be

requested any payment to be given an electronic copy of the same

procès-verbal

Provided further that any designated competent national

authority designated in terms of any Directive or Regulation of the

European Union which has access to the acts and documents of the

courts of criminal justice may, if the requirements established in the

Directive or Regulation of the European Union are fulfilled, transmit

copies of such acts and documents of the court of criminal justice to

the requesting authority

Provided further that the European Delegated Prosecutors

appointed in accordance with the provisions of Council Regulation

(EU) 2017/1939 of 12 October 2017 implementing enhanced

cooperation on the establishment of the European Public Prosecutor’s

Office ("the EPPO") shall have access to the acts and documents of the

courts of criminal justice and to any procès-verbal and to any

depositions and documents filed therewith, when these relate to

matters which fall within the competence of the European Public

Prosecutor’s Office in accordance with the said Regulation.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 519 Duty of court to provide for adequate defence of accused. — CRIMINAL CODE Open official source

It shall be the duty of the courts of criminal justice to see

to the adequate defence of the parties charged or accused; and it

shall not be necessary to appoint a curator in cases where the party

charged or accused has not attained his majority.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 520 Applicability of certain provisions of Code of Organization and Civil Procedure to courts of criminal justice. — CRIMINAL CODE Open official source

(1) Saving any other provisions of this Code, the

following provisions of the Code of Organization and Civil

Procedure shall, except in so far as it is otherwise provided in this

Code, apply mutatis mutandis to the courts of criminal justice

(a) articles 8, 10 to 12, 16 and 17, 23 to 30, 57 to 61, and

65 to 76 regarding the organisation of the courts;

(b) articles 97 to 106, 108 to 110, 113 and 114, 119A and

123 regarding judicial times;

(c) sub-articles (4), (5) and (6) of article 143, and articles

175 and 205;

(d) articles 558 to 662 relating to evidence in general; and

(e) articles 627 to 633, and articles 635 to 637 relating to

documentary evidence and the production of documents

which are in the possession of other persons.

(2) It shall be in the power of the said courts to exclude from

the evidence or pleadings, or from the defence, all matter which, in

the opinion of the court, may cause unnecessary delay, or which

may be irrelevant or extraneous to the nature of the case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 521 Registry and registrar. First part of sec. 30 of Ord. VI of 1880, incorporated. — CRIMINAL CODE Open official source

(1) The registry and the registrar mentioned in this Code

shall be designated by regulations made by the Minister responsible

for justice under this article.

(2) Saving the provisions of sub-article (1), and until

regulations are made under the said sub-article (1), the registry and

the registrar mentioned in this Code shall be the same as those

established or appointed by or under the Code of Organization and

Civil Procedure in respect of the courts of civil jurisdiction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 522 Power of court in case of prevaricating witnesses. — CRIMINAL CODE Open official source

(1) The court may in its discretion guide back to the truth

any witness, who shall prevaricate in his evidence, by warning him,

or by keeping him apart, or even by ordering his arrest.

(2) Any witness who refuses to be sworn or to depose when so

required by the court shall, on conviction, be liable to a fine (multa)

of not less than two thousand and three hundred euro (€2,300) and

not more than four thousand and six hundred euro (€4,600) or to

imprisonment for a term not exceeding three months, or to both

such fine and imprisonment.

(3) The court before whom a witness refuses to be sworn or to

depose shall order the arrest of the witness and shall order the

Police to bring the witness before the competent court within forty-

eight hours from arrest charged with an offence under sub-article

(2).

(4) Where the witness charged as mentioned in sub-article (3),

at any time before final judgement is given in his regard, gives his

deposition under oath before the court before whom it is required

and at a stage when it may still be received by the court, that

witness shall not be liable to the punishment of imprisonment but

shall be liable, on conviction, to the punishment of a fine (multa)

not exceeding one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69).

(5) Any criminal proceedings in pursuance of an order of the

court under sub-article (3) shall be conducted with urgency.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 523 Where false evidence is suspected. — CRIMINAL CODE Open official source

When there is a reasonable suspicion of any falsity of

evidence, the court may order the arrest of the person suspected to

be guilty thereof; if this takes place before the Criminal Court or

Court of Criminal Appeal, the court shall order such person to be

brought before the Court of Magistrates for the necessary inquiry;

and if it takes place before the Court of Magistrates, such court

shall proceed thereon ex officio.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 524 Misbehaviour of person charged or accused. — CRIMINAL CODE Open official source

If before any of the courts of criminal jurisdiction, the

party charged or accused shall so behave himself as to disturb the

good order of the sitting, and, after being admonished by the court,

shall persist in or repeat such behaviour, the court may order him to

be removed from the place of trial or, if he be in custody, to be

taken back to his place of custody, and may commence or continue

the trial with the assistance only of his advocate or legal procurator,

or, if he has no advocate or legal procurator, with the assistance of

the Advocate for Legal Aid or of any other advocate or legal

procurator appointed by the court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 525 Applicability of certain provisions to other courts of criminal justice. — CRIMINAL CODE Open official source

(1) The following provisions shall also apply to the Court

of Magistrates

(a) article 441

Provided that it shall be lawful for the court to proceed

ex officio without the instance of any party;

(b) articles 443, 444 and 445;

(c) article 451, in so far as it relates to the mode of

communicating with deaf-mutes, or dumb but not deaf

persons, or persons deaf only; and article 452.

(2) The provisions of articles 362, 363, 364, 383 to 387,

inclusively, of article 397(5) and of article 399 shall also apply to

the Criminal Court and to the Court of Criminal Appeal; and the

provisions of article 452 shall also apply to the Court of Criminal

Appeal in the hearing of appeals from judgments of the Court of

Magistrates.

(2A) The provisions of article 412B(1) and (2) shall also apply

mutatis mutandis to the Criminal Court with respect to a person in

custody for an offence for which a bill of indictment has been filed

as well as to the Court of Criminal Appeal with respect to a person

in custody who is a party to appeal proceedings before that court

Provided that with respect to the Criminal Court the

relevant decision shall in all cases be taken by the Court sitting

without a jury.

(3) The provisions of article 397, of sub-articles (2) to (4), both

inclusive, of articles 467 and 623 shall, mutatis mutandis, also be

applied by the Court of Magistrates in cases falling within its

jurisdiction as court of crimin al judicature under any other

CRIMINAL CODE

provision of this Code or of any other law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 526 Service of subpoena on witnesses. — CRIMINAL CODE Open official source

The subpoena on witnesses summoned to appear before

any court of criminal jurisdiction may be served by an officer of the

Executive Police and the provisions of articles 441 and 442 shall

apply to any person so summoned.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 526A Procedural documents. — CRIMINAL CODE Open official source

Pursuant to and in accordance with any treaty, convention,

agreement or understanding between Malta and another country or

which applies to both such countries or to which both such

countries are a party, procedural documents or any act of the

proceeding may be sent directly by post to a person who is in the

territory of the foreign country in a language which that person

understands

Provided that procedural documents shall be accompanied

by a report indicating to the said person the remedies available and

that information about his rights and obligations concerning the

document may be obtained from the issuing authority or from

another competent authority in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 527 Person cannot be tried more than once for the same fact. — CRIMINAL CODE Open official source

Where in a trial, judgment is given acquitting the person

charged or accused, it shall not be lawful to subject such person to

another trial for the same fact.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 528 — CRIMINAL CODE Open official source

Where the absolute innocence of a person accused is

established, it shall be lawful for the court, if there are grounds for

so doing, to order proceedings for calumnious accusation or false

evidence to be instituted against any informer, complainant,

witness, or other person responsible, observing the provisions

contained in article 523.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 529 Language in which register is to be kept. Its value as evidence of proceedings. — CRIMINAL CODE Open official source

The registrar shall keep a register recording therein the

proceedings of the court in the language in which such proceedings

are conducted, and such register shall constitute authentic evidence

of such proceedings.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 530 Places in hall for accused and witnesses. — CRIMINAL CODE Open official source

(1) The accused shall be placed at the bar provided for

the purpose in the hall where the court sits.

(2) The witnesses, during their examination, shall be placed in

the witness-box

Provided that this shall not apply in the case -

(a) of a witness of tender age who, if placed in the witness

box, might, from shyness or otherwise, become

confused or frightened in giving evidence and thereby

prejudice the ends of justice;

(b) of a witness who, by reason of old age, infirmity or

physical condition, would suffer great inconvenience

if he were to be placed in the witness-box.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 531 Sittings to be held in open court. Exceptions. — CRIMINAL CODE Open official source

(1) The court shall hold its sittings with open doors.

Nevertheless, the court may hold its sittings with closed doors in all

cases involving children below the age of eighteen (18) or in cases

where it is of opinion that the proceedings, if conducted in public,

might be offensive to modesty, or might cause scandal; in any such

case, the court shall previously make an order to that effect stating

the reasons for so doing.

(2) Where the sittings are held with closed doors, it shall not be

lawful to publish any report of the proceedings under the penalties

established for contempt of the authority of the court.

*

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 531A Subsequent notice. — CRIMINAL CODE Open official source

In proceedings before a court of criminal justice, where

the party charged or accused, having been notified with the date of

the first hearing in accordance with the provisions of this Code, has

appeared for the said hearing, no subsequent notice need be given

of any date to which a case which has been set down for hearing as

aforesaid or has started to be heard is put off and it shall be the

responsibility of the person charged or accused to verify such date

Provided that this provision shall also apply where the

person charged or accused, notwithstanding not having been

notified in accordance with the provisions of this Code, still

appears for the hearing.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 532 Power of court to regulate conduct and despatch of business, etc. — CRIMINAL CODE Open official source

Subject to the provisions of article 516(3), (4) and (5), the

court shall have power to give directions for the conduct and

despatch of business and for the enforcement and maintenance of

good order during its sittings, provided that nothing contained in

such directions shall be contrary to law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 532A Orders for payment of damages upon sentence. — CRIMINAL CODE Open official source

The provisions of article 24 of the Probation Act

concerning the power of the court to order the offender to pay

damages shall mutatis mutandis also apply whenever a person is

sentenced upon conviction for any crime.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 532B Payment of costs. — CRIMINAL CODE Open official source

Where a person is convicted of a crime punishable with

imprisonment he shall be liable to pay such amounts in respect of

costs as the Minister may by regulations prescribe. Such

regulations may specify the crimes and, or the proceedings in

respect of which the regulations shall apply as well as which part of

the costs may be converted into imprisonment and which part may

be recovered as a civil debt, or that the whole amount may be so

converted or so recovered, and the procedure applicable in every

case.

*this article is not yet in force.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 533 Power of court to sentence accused to the payment of costs incurred in the employment of experts. — CRIMINAL CODE Open official source

(1) In the case of proceedings instituted by the Attorney

General or by the Police ex officio, the court shall, in pronouncing

judgment or in any subsequent order, sentence the person convicted

or the persons convicted, jointly or severally, to the payment,

w h o ll y o r i n p a r t , to t h e r e g i s t r a r, of t h e c os ts i n c ur r e d i n

connection with the employment in the proceedings of any expert

or referee, including such experts as would have been appointed in

the examination of the process verbal of the inquiry, within such

period and in such amount as shall be determined in the judgment

or order.

(2) In default of payment of the costs as determined by the

court, the court shall, on the application of the registrar, issue a

warrant of arrest against the person sentenced ordering the

appearance of such person, and the court, upon ascertaining the

identity of such person, shall convert the amount so determined

into imprisonment at the rate of one day for every eleven euro and

sixty-five cents (€11.65) or fraction thereof and shall commit the

person convicted to imprisonment accordingly

Provided that a person committed to imprisonment for non-

payment of such costs may acquit himself of the substituted

punishment by paying the costs determined by the court with the

deduction of such amount thereof as corresponds to the part of the

punishment undergone at the rate laid down in this article.

(3) Nevertheless, it shall be lawful for the registrar to recover

the costs aforesaid as a civil debt by making a declaration to that

effect in the record of the case at any time until the costs have been

converted into imprisonment; and, on such declaration being made,

the provisions of sub-article (2) shall cease to apply.

(4) The recovery of the costs as a civil debt shall be obtained

by an application to the same court for the enforcement of the

s e n te nc e or o r de r, in th e m a n n e r la id d ow n i n t h e C o d e of

Organization and Civil Procedure.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 533A — CRIMINAL CODE Open official source

(1)

Without prejudice to the provisions of article 380, in

the case of proceedings instituted on the complaint of the injured or

aggrieved party, where the complainant waives the action, the court

shall in declaring the proceedings as extinguished or in any subsequent

order, sentence the complainant or complainants, jointly or severally,

to the payment, wholly or in part, to the registrar, of the costs incurred

in connection with the employment in the proceedings of any expert or

referee, including such experts as would have been appointed in the

examination of the procès -verbal of the inquiry, within such period

and in such amount as shall be determined in the judgment or order.

(2)

In default of payment of the costs as determined by the

court, it shall be lawful for the registrar to recover the costs aforesaid

as a civil debt, by making a declaration to that effect in the record of

the case at any time after the declaration of extinction of proceedings

is made.

(3) The recovery of the costs as a civil debt shall be obtained by

an application to the same court for the enforcement of the judgment

or order, in the manner laid down in the Code of Organization and

Civil Procedure.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534 Recovery of costs from owner of vehicle although he is not the person convicted. — CRIMINAL CODE Open official source

(1) In the case of an offence against the regulations

relating to motorcars or against any law or regulation relating to the

traffic of vehicles, the costs may, in the event of the declaration

referred to in sub-article (3) of the last preceding article, be

recovered as a civil debt from the owner of the vehicle although he

is not the person convicted

Provided that where the person convicted is not the owner

of the vehicle, the liability of the latter for the costs shall not

exceed the value of the vehicle.

(2) Where the owner of the vehicle was not a party to the

proceedings, the court shall, on the application of the registrar,

order the owner to appear and to show cause why he should not be

condemned to pay the said costs; and the court shall order that the

costs be paid by the owner unless the latter shall prove, to the

satisfaction of the court, that the vehicle was, at the time of the

offence, driven by or in the custody of the person guilty of the

offence, without his knowledge or consent, whether express or

implied.

(3) For the purposes of this article -

the expression "vehicle" has the same meaning as in article 2 of

the Code of Police Laws;

the expression "owner" means the person in whose name the

licence in respect of the vehicle has been issued.

Title VI

OF THE RIGHTS OF SUSPECTS AND ACCUSED

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534A Rights of suspect and accused. — CRIMINAL CODE Open official source

The provisions of this Title shall apply to a person from

the time that he is made aware by the Executive Police that he is

suspected of having committed an offence (hereinafter in this title

referred to as the "suspect") and to a person charged or accused of

having committed an offence (hereinafter in this title referred to as

the "accused") until the conclusion of the criminal proceedings,

including, where applicable, the passing of sentence and the

determination of an appeal

Provided that "criminal proceedings" shall include

investigations by the Executive Police and extradition proceedings

Provided further that the provisions of this Title shall also

apply to a person other than a suspect or an accused person who, in

the course of questioning by the police or by another law

enforcement authority, becomes a suspect or an accused person.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AB Right to information and Letter of Rights. — CRIMINAL CODE Open official source

(1) Saving the provisions of articles 355AC, 355AS, 392

and 445, it shall be the duty of the Police or of the Court, as the

case may be, to inform the suspect or the accused without undue

delay of the following procedural rights

(a) the right of access to a lawyer;

(b) any entitlement to free legal advice and the conditions

for obtaining such advice;

(c) the right to be informed, in such detail as is necessary

to safeguard the fairness of the proceedings and the

effective exercise of his rights of defence, of the

offence he is suspected or accused of having

committed

Provided that the suspect or accused shall be promptly

informed of any changes in the information given in

accordance with this article where this is necessary to

safeguard the fairness of the proceedings;

(d) the right to interpretation and translation;

(e) the right to remain silent;

(f)

the right to have a third party informed of the suspect’s

or the accused person’s deprivation of liberty;

(g) the right to communicate with third persons and with

consular authorities when the suspect or an arrested

person is deprived of his liberty;

(h) the right to be allowed to consult a medical

practitioner;

(i)

should the suspect or arrested person be illiterate, the

right to have the Letter of Rights read out and

explained to him.

(2) The information provided for under sub-article (1) shall be

given orally or in writing, in simple and accessible language, taking

into account any particular needs of vulnerable suspected or

accused persons within the meaning of 208AC(2).

(3) It shall be the duty of the Police to provide a person

arrested or detained promptly with the Letter of Rights set out in

Schedule E and the Police shall give the said person an opportunity

to read it and to retain same in his possession throughout the time

that he is detained. The Letter of Rights shall be written in a

language that the person understands

Provided that where the Letter of Rights is not available in

the appropriate language, the suspect or the accused shall be

informed of his rights orally in a language that he understands and

the Letter of Rights shall subsequently, and without undue delay, be

provided to him in a language that he understands.

(4) Information provided in accordance with this article shall

be recorded by the Police or by the Court, as the case may be.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AC Right to interpretation. — CRIMINAL CODE Open official source

(1) Saving the provisions of articles 355AC, 451 and

516(2) where the suspect does not speak or understand the language

of the criminal proceedings, as the case may be, he shall be

provided, without unreasonable delay, with interpretation in the

course of the said proceedings, including during police questioning.

(2) Interpretation shall be made available for communications

between the suspect or the accused and their legal counsel in direct

connection with any questioning or hearing during the proceedings

or with the lodging of an appeal or other procedural applications.

(3) The right to interpretation under sub-articles (1) and (2)

shall apply to persons suffering from hearing or speech

impediments.

(4) It shall be the duty of the Executive Police and of the Court,

as the case may be, to ascertain whether the suspect or the accused

speak and understand the language of the criminal proceedings and

whether they need the assistance of an interpreter.

(5) Nothing in this article shall be construed as precluding the

suspect or the accused to demand that any decision finding, at any

stage of the criminal proceedings, that there is no need for

interpretation be reviewed and, when interpretation has been

provided, the possibility to complain that the quality of the

interpretation is not sufficient to safeguard the fairness of the

proceedings.

(6) Interpretation provided under this article shall be of a

quality sufficient to safeguard the fairness of the proceedings, in

p a r t i c u l a r b y e n s u r i n g t h a t t he s u s p e c t o r t h e a c c u s e d h a s

knowledge of the case against him and is able to exercise his right

of defence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AD Right to translation of essential documents. — CRIMINAL CODE Open official source

(1) Where the suspect or the accused does not

understand the language of the criminal proceedings concerned, he

shall, within a reasonable period of time, be provided with a written

translation of all documents which are essential to ensure that he is

able to exercise their right of defence and to safeguard the fairness

of the proceedings.

(2) The decision determining what constitutes an essential

document shall be taken by the Executive Police or by the Court, as

the case may be, and the suspect or the accused or his legal counsel

may submit a reasoned request to that effect

Provided that essential documents shall include any

decision depriving a person of his liberty, any charge or indictment,

and any judgment

Provided further that it shall not be required to translate

passages of essential documents which are not relevant for the

purposes of enabling the suspect or the accused to have knowledge

of the case against him.

(3) Nothing in this article shall be construed as precluding the

suspect or the accused to demand that any decision finding, at any

stage of the criminal proceedings, that there is no need for the

translation of documents or passages thereof be reviewed and,

CRIMINAL CODE

when a translation has been provided, the possibility to complain

that the quality of the translation is not sufficient to safeguard the

fairness of the proceedings.

(4) Notwithstanding the preceding provisions of this article, an

oral translation or oral summary of essential documents may be

provided instead of a written translation on condition that such oral

translation or oral summary does not prejudice the fairness of the

proceedings.

(5) Where the suspect or the accused waives the right to

translation of documents referred to in this article such waiver shall

be recorded in writing and only after the Executive Police or the

Court, as the case may be, is satisfied that the suspect or accused

has received prior legal advice or has otherwise obtained full

knowledge of the consequences of such a waiver, and that the

waiver was unequivocal and given voluntarily.

(6) Translation provided under this article shall be of a quality

sufficient to safeguard the fairness of the proceedings, in particular

by ensuring that suspected or accused persons have knowledge of

the case against them and are able to exercise their right of defence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AE Costs and quality of interpretation and translation. — CRIMINAL CODE Open official source

(1) Notwithstanding the provisions of article 533, the

services of interpretation and translation resulting from the

application of articles 534AB to 534AD, both inclusive, shall be

free of charge.

(2) The registrar shall keep a register of translators and

interpreters who are appropriately qualified. Once established, such

register shall, where appropriate, be made available to legal

counsel and other relevant authorities.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AF Rights of access to the materials of the case. — CRIMINAL CODE Open official source

(1) Where a person is arrested and detained at any stage

of the criminal proceedings, any documents in the possession of the

Police which are related to the specific case and which are essential

to challenge effectively the lawfulness of the arrest or detention,

shall be made available to the arrested person or to his lawyer.

(2) The person suspected or accused shall have access, which

shall be free of charge, to all material evidence in the possession of

the Police, whether for or against the said suspect or the accused, or

to his lawyers in order to safeguard the fairness of the proceedings

and to prepare his defence.

(3) Without prejudice to sub-article (1), access to the material

evidence referred to in sub-article (2) shall be granted in due time

to allow the effective exercise of the rights of the defence and at the

latest upon submission on the merits of the accusation. Where

further material evidence comes into the possession of the Police,

access shall be granted to it in due time to allow for it to be

considered by the suspect or the accused or by his lawyer.

(4) Notwithstanding the provisions of sub-article (2) and (3)

and provided that this does not prejudice the right to a fair trial,

after hearing the prosecution, a court or magistrate may refuse

access to certain materials if such access may lead to a serious

threat to the life or the fundamental rights of another person or if

such refusal is strictly necessary to safeguard an important public

interest or where it could prejudice an ongoing investigation or

national security.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AG Records. — CRIMINAL CODE Open official source

When a suspect or an accused in any criminal

proceedings has been assisted by an interpreter or when an oral

translation or an oral summary of essential documents has been

provided in accordance with law, or when the said suspect or

accused has waived the right to translation of essential documents

as provided for in article 534AD(5), a record of this fact shall be

made in the acts of the relevant criminal proceedings.

Title VII

OF THE RIGHTS OF CHILDREN WHO ARE

SUSPECTS OR ACCUSED PERSONS

The measures in this Title provided for the transposition of Directive

(EU) 2016/800 of the European Parliament and of the Council of 11

May 2016 on procedural safeguards for children who are suspects or

accused persons in criminal proceedings.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGA Rules concerning certain rights of children. — CRIMINAL CODE Open official source

This Title lays down rules concerning certain rights of

children who are

(a)

suspects

or

accused

persons

in

criminal

proceedings; or

(b)

subject to European arrest warrant proceedings

pursuant to Framework Decision 2002/584/JHA (hereinafter

referred to as "requested persons").

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGB Scope. — CRIMINAL CODE Open official source

For the purpose of this Title, the expression

"child" means a person below the age of eighteen (18)

Provided that where it is uncertain whether a person has

reached the age of eighteen (18), that person shall be presumed to be a

child;

"holder of parental responsibility" means any person having

parental responsibility over a child;

"Minister" means the Minister responsible for justice;

"parental responsibility" means all rights and duties relating to the

person or the property of a child which are given to a natural or legal

person by judgment, by operation of law or by an agreement having

legal effects, including rights of custody and rights of access.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGC Interpretation. — CRIMINAL CODE Open official source

(1) This Title applies to children who are suspects or

accused persons in criminal proceedings, until the final determination

of the question on whether the suspect or accused person has

committed a criminal offence, including, where applicable, sentencing

and the resolution of any appeal.

(2)

This Title applies to children who are requested persons

from the time of their arrest in the executing Member State, in

accordance with article 534AGP.

(3)

With the exception of article 534AGE, article

534AGH(3)(b), and article 534AGN, insofar as those provisions refer

to a holder of parental responsibility, the provisions of this Title shall

apply to persons as referred to in sub-articles (1) and (2), where such

persons were children when they became subject to the proceedings

but have subsequently reached the age of eighteen (18), and the

application of this Title, or certain provisions thereof, is appropriate in

the light of all the circumstances of the case, including the maturity

and vulnerability of the person concerned

Provided that this Title shall not apply to persons who have

reached the age of twenty-one (21) at any stage of the proceedings.

(4)

Nothing in this Title shall

(a)

affect the application of the provisions in Title II,

Part I, Book First which determine the age of criminal

responsibility;

(b)

prejudice the right of access to a lawyer in

accordance with Sub-title IX of Title I of Part I, Book Second.

(5)

Sub-articles (4) and (5) of article 355AU shall apply mutatis

mutandis to this Title.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGD Right to information. — CRIMINAL CODE Open official source

(1) When children are made aware that they are

suspects or accused persons in criminal proceedings, they shall be

informed promptly of their rights in accordance with Title VI, Part I of

Book Second and in accordance with this Title, and about the general

aspects of the conduct of the proceedings.

(2)

The information referred to in sub-article (1) shall be

provided

(a)

promptly when children are made aware that they

are suspects or accused persons, in respect of

(i)

the right to have the holder of parental

responsibility informed, as provided for in article

534AGE;

(ii)

the right to be assisted by a lawyer, as

provided for in article 534AGF;

(iii) the right to protection of privacy, as

provided for in article 531;

(iv) the right to be accompanied by the holder

of parental responsibility during stages of the

proceedings other than court hearings, as provided for in

article 534AGN(4);

(b) at the earliest

appropriate

stage

in

the

proceedings, in respect of

(i)

the right to an individual assessment, as

provided for in article 534AGG;

(ii)

the right to a medical examination,

including the right to medical assistance, as provided for

in article 534AGH;

(iii) the right to limitation of deprivation of

liberty and to the use of alternative measures, including

the right to periodic review of detention, as provided for

in articles 534AGJ and 534AGK;

(iv) the right to be accompanied by the holder

of parental responsibility during court hearings, as

provided for in article 534AGN(1);

(v)

the right to appear in person at trial, as

provided for in article 534AGO;

(vi)

the right to effective remedies;

(c)

upon deprivation of liberty, in respect of the right

to specific treatment during deprivation of liberty, as provided

for in article 534AGL.

(3)

The information referred to in sub-articles (1) and (2) shall

be given in writing, orally or both, in simple and accessible language,

and such information shall be noted, using the recording procedure

permitted by law.

(4)

Where children are provided with a Letter of Rights

pursuant to Title VI, Part I, Book Second, such a Letter shall include a

reference to their rights under this Title.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGE Right of the child to have the holder of parental responsibility informed. — CRIMINAL CODE Open official source

(1) The Executive Police or any other law

enforcement or judicial authority, as the case may be, shall provide the

holder of parental responsibility, as soon as possible, with the

information that the child has a right to receive, in accordance with

article 534AGD.

(2)

The information referred to in sub-article (1) shall be

provided to another appropriate adult who is nominated by the child

and accepted as such by the Police or by any other law enforcement or

judicial authority, as the case may be, where providing that

information to the holder of parental responsibility

(a)

would be contrary to the child's best interests;

(b)

is not possible because, after reasonable efforts

have been made, no holder of parental responsibility can be

reached or his or her identity is unknown; or

(c)

could, on the basis of objective and factual

circumstances,

substantially

jeopardise

the

criminal

proceedings

Provided that where the child has not nominated another

appropriate adult, or where the adult who has been nominated by the

child is not acceptable to the Police or other law enforcement or

judicial authority, as the case may be, the latter shall, taking into

account the child's best interests, designate, and provide the

information to, another person. That person may also be the

representative of an authority or of another institution responsible for

the protection or welfare of children.

(3)

Where the circumstances which led to the application of

sub-article (2)(a), (b) or (c) cease to exist, any information that the

child receives in accordance with article 534AGD, and which remains

relevant in the course of the proceedings, shall be provided to the

holder of parental responsibility.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGF Assistance by a lawyer. — CRIMINAL CODE Open official source

(1) Children who are suspects or accused persons in

criminal proceedings shall have the right of access to a lawyer, in

accordance with the provisions of Sub-title IX of Title I of Part I of

Book Second. Nothing in this Title, in particular in this article, shall

affect that right.

(2)

Without prejudice to the generality of sub-article (1), the

rights referred to in articles 355AUA (1), (2), (8)(b), (c) and (e) and

355AUB shall mutatis mutandis apply to children who are suspects or

accused persons under this Title

Provided that where assistance by a lawyer is not

proportionate in the light of the circumstances of the case, taking into

account the seriousness of the alleged criminal offence, the complexity

of the case and the measures that could be taken in respect of such an

offence, the right to assistance by a lawyer may be derogated from

insofar as this complies with the right to a fair trial, it being understood

that the child’s best interests shall always be a primary consideration

Provided further that the derogation in the preceding

proviso shall not apply and children shall always be assisted by a

lawyer in the following cases

(a)

when they are brought before a competent court

or judge in order to decide on detention at any stage of the

proceedings within the scope of this Title; and

(b)

during detention

Provided further that deprivation of liberty shall not be

imposed as a criminal sentence, unless the child has been assisted by a

lawyer in such a way as to allow the child to exercise the right of

defence effectively and, in any event, during the trial hearings before a

court.

(3)

Where the child is to be assisted by a lawyer in accordance

with this Title but no lawyer is present, the Executive Police or any

other law enforcement or judicial authority, as the case may be, shall

postpone the questioning of the child, or other investigative or

evidence-gathering acts as provided for in article 355AUA(8)(e), for a

reasonable period of time in order to allow for the arrival of the lawyer

or, where the child has not nominated a lawyer, to arrange a lawyer for

the child.

(4)

In exceptional circumstances, and only at the pre-trial stage,

a temporary derogation from the application of the rights provided for

in article 355AUA(2), to the extent justified in the light of the

particular circumstances of the case, may be applied on the basis of

one of the following compelling reasons

(a)

where there is an urgent need to avert serious

adverse consequences for the life, liberty or physical integrity

of a person;

(b)

where immediate action by the investigating

authorities is imperative to prevent substantial jeopardy to

criminal proceedings in relation to a serious criminal offence

Provided that for the purposes of this sub-article the expression

"pre-trial stage" shall have the same meaning as is assigned to it in

article 355AUA(13).

(5)

In the application of sub-article (4) the child's best interests

shall be taken into account, and a decision to proceed with questioning

in the absence of a lawyer under sub-article (4) shall be taken on a

CRIMINAL CODE

strictly case-by-case basis either by the Police or by any other law

enforcement or judicial authority as the case may be

Provided that such decision may be appealed by the holder

of parental responsibility or another appropriate adult as referred to in

article 534AGE before the Court of Appeal (Inferior Jurisdiction)

within twelve (12) days from such a decision.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGG Right to individual assessment. — CRIMINAL CODE Open official source

(1) In the application of the provisions of this Title,

the specific needs of children concerning protection, education,

training and social integration shall be taken into account.

(2)

For the purposes of sub-article (1), children who are

suspects or accused persons in criminal proceedings shall be

individually assessed. The individual assessment shall, in particular,

take into account the child's personality and maturity, the child's

e c o n o m i c , s o c i a l a n d f a m i l y b a c kg r o u n d , a n d a n y s p e c i f i c

vulnerabilities that the child may have

Provided that the extent and detail of the individual

assessment may vary depending on the circumstances of the case, the

measures that can be taken if the child is found guilty of the alleged

criminal offence, and whether the child has, in the recent past, been the

subject of an individual assessment.

(3)

The individual assessment shall serve to establish and to

note, in accordance with the recording procedure permitted by law,

such information about the individual characteristics and

circumstances of the child as might be of use to the Court when

(a)

determining whether any specific measure to the

benefit of the child is to be taken;

(b)

assessing the appropriateness and effectiveness of

any precautionary measures in respect of the child;

(c)

taking any decision or course of action in the

criminal proceedings, including when sentencing.

(4)

The individual assessment shall be carried out at the earliest

appropriate stage of the proceedings and, subject to sub-article (5),

before the child is charged with a criminal offence.

(5)

In the absence of an individual assessment, a child may

nevertheless be charged with a criminal offence provided that this is in

the child's best interests and that the individual assessment is in any

event available at the beginning of the trial hearings before a court.

(6)

Individual assessments shall be carried out with the close

involvement of the child. They shall be carried out by qualified

personnel, following, as far as possible, a multidisciplinary approach

and involving, where appropriate, the holder of parental responsibility,

or another appropriate adult as referred to in articles 534AGE and

534AGN, and, or a specialised professional.

(7)

If the elements that form the basis of the individual

assessment change significantly in the course of the criminal

proceedings, the Court shall order that the individual assessment is

updated throughout the criminal proceedings.

(8)

The Executive Police or other law enforcement or judicial

authority, as the case may be, following consultation with the Director

of the Department for Social Welfare Standards, may derogate from

the obligation to carry out an individual assessment on a case by case

basis where such a derogation is warranted in the circumstances of the

case, provided that it is compatible with the child's best interests.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGH Right to a medical examination. — CRIMINAL CODE Open official source

(1) Children who are deprived of liberty shall have

the right to a medical examination without undue delay with a view, in

particular, to assessing their general mental and physical condition.

The medical examination shall be as non-invasive as possible and shall

be carried out by a physician or another qualified healthcare

professional.

(2)

The results of the medical examination shall be taken into

account when determining the capacity of the child to be subject to

questioning, other investigative or evidence-gathering acts, or any

measures taken or envisaged against the child.

(3)

The medical examination shall be carried out either on the

initiative of the Court, in particular where specific health indications

call for such an examination, or on a request by any of the following

(a)

the child;

(b)

the holder of parental responsibility or another

appropriate adult as referred to in articles 534AGE and

534AGN;

(c)

the child's lawyer.

(4)

The conclusion of the medical examination shall be

recorded in writing and, where required, medical assistance shall be

provided

Provided that another medical examination shall be carried

out where the circumstances so require.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGI Audiovisual recording of interrogation. — CRIMINAL CODE Open official source

(1) Questioning of children by the Executive Police or

other law enforcement or judicial authorities during criminal

proce edi ng s sh all be au di o-vi sual ly reco rd ed wh ere th is is

proportionate in the circumstances of the case, taking into account,

CRIMINAL CODE

inter alia, whether a lawyer is present or not and whether the child is

deprived of liberty or not, provided that the child's best interests are

always a primary consideration.

(2)

In the absence of audiovisual recording, questioning shall be

recorded in another appropriate manner, such as by written minutes

which are duly verified.

(3)

Any audiovisual recording or records of questioning of

children in any other manner shall be kept confidential and shall not be

publicly disseminated.

(4)

This article shall be without prejudice to the possibility to

ask questions for the sole purpose of the identification of the child

without audiovisual recording.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGJ Deprivation of liberty. — CRIMINAL CODE Open official source

(1) The deprivation of liberty of a child, in particular

detention, at any stage of the proceedings shall be imposed only as a

measure of last resort and shall be limited to the shortest appropriate

period of time, taking due account of the age and individual situation

of the child, and of the particular circumstances of the case.

(2) Any detention of a child shall be based on a reasoned

decision, which shall be subject to appeal.

(3)

The decision referred to in sub-article (2) shall be subject to

periodic review by the Court acting ex officio, commencing no later

than six (6) months after the decision imposing deprivation of liberty

was adopted and every six (6) months thereafter, for as long as the

decision remains in force

Provided that, without prejudice to judicial independence,

any decisions to be taken pursuant to this sub-article shall be taken

without undue delay.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGK Alternative measures. — CRIMINAL CODE Open official source

The Executive Police and any other law enforcement or

judicial authority, as the case may be, shall, where possible, have

recourse to measures alternative to detention.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGL Specific treatment in the case of deprivation of liberty. — CRIMINAL CODE Open official source

(1) Children who are detained shall be held separately

from adults, unless it is considered to be in the child's best interests not

to do so.

(2)

Children who are kept in police custody shall be held

separately from adults, unless

(a)

it is considered to be in the child's best interests

not to do so; or

(b)

in exceptional circumstances, it is not possible in

practice to do so, provided that children are held together with

adults in a manner that is compatible with the child's best

interests.

(3)

Without prejudice to sub-article (1), when a detained child

reaches the age of eighteen (18), that person may continue to be held

separately from other detained adults where warranted, taking into

account the circumstances of the person concerned, provided that this

is compatible with the best interests of children who are detained with

that person.

(4)

Without prejudice to sub-article (1), and taking into account

sub-article (3), children may be detained with young adults, unless this

is contrary to the child's best interests.

(5)

When children are detained, the detention authorities shall

take appropriate measures to

(a)

ensure and preserve their health and their physical

and mental development;

(b)

ensure their right to education and training,

including where the children have physical, sensory or learning

disabilities;

(c)

ensure the effective and regular exercise of their

right to family life;

(d)

ensure access to programmes that foster their

development and their reintegration into society; and

(e)

ensure respect for their freedom of religion or

belief

Provided that the measures taken pursuant to this sub-article

shall be proportionate and appropriate to the duration of the detention.

(6)

Paragraphs (a) and (e) of sub-article (5) shall also apply to

situations of deprivation of liberty other than detention. The measures

taken shall be proportionate and appropriate to such situations of

deprivation of liberty.

(7)

Paragraphs (b), (c), and (d) of sub-article (5) shall apply to

situations of deprivation of liberty other than detention only to the

extent that is appropriate and proportionate in the light of the nature

and duration of such situations.

(8)

Children who are deprived of liberty shall be allowed to

meet with the holder of parental responsibility as soon as possible,

where such a meeting is compatible with investigative and operational

requirements, without prejudice to the nomination or designation of

another appropriate adult pursuant to article 534AGE or article

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGN — CRIMINAL CODE Open official source

534AGM. (1) The Police and other law enforcement and

judicial authorities shall ensure that criminal proceedings involving

children are treated as a matter of urgency and with due diligence.

(2)

The Police and other law enforcement and judicial

authorities shall ensure that children are always treated in a manner

which protects their dignity and which is appropriate to their age,

maturity and level of understanding, and which takes into account any

special needs, including any communication difficulties, that they may

have.

534AGN. (1) Children shall have the right to be accompanied

by the holder of parental responsibility during court hearings in which

they are involved.

(2)

A child shall have the right to be accompanied by another

appropriate adult who is nominated by the child and accepted as such

by the Court where the presence of the holder of parental

responsibility accompanying the child during court hearings

(a)

would be contrary to the child's best interests;

(b)

is not possible because, after reasonable efforts

have been made, no holder of parental responsibility can be

reached or his or her identity is unknown; or

(c)

would, on the basis of objective and factual

circumstances,

substantially

jeopardise

the

criminal

proceedings

Provided that where the child has not nominated another

appropriate adult, or where the adult that has been nominated by the

child is not acceptable to the Court, the Court shall, taking into account

the child's best interests, designate another person to accompany the

child. That person may also be the representative of an authority or of

another institution responsible for the protection or welfare of

children.

(3)

Where the circumstances which led to an application of

paragraphs (a), (b) or (c) of sub-article (2) cease to exist, the child

shall have the right to be accompanied by the holder of parental

responsibility during any remaining court hearings.

(4)

In addition to the right provided for under sub-article (1),

children shall have the right to be accompanied by the holder of

parental responsibility, or by another appropriate adult as referred to in

sub-article (2), during stages of the proceedings other than court

hearings at which the child is present where the competent law

enforcement or judicial authority considers that

(a)

it is in the child's best interests to be accompanied

by that person; and

(b)

the presence of that person will not prejudice the

criminal proceedings.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGO Right of children to appear in person at, and participate in, their trial. — CRIMINAL CODE Open official source

(1) Children shall have the right to be present at their

trial and to participate effectively in the trial, including the opportunity

to be heard and to express their views.

(2)

Children who were not present at their trial shall have the

right to a new trial or to another legal remedy, in accordance with, and

under the conditions set out in Sub-title XII of Part I of Book Second.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 534AGP European arrest warrant proceedings. — CRIMINAL CODE Open official source

The rights referred to in articles 534AGD, 534AGE,

534AGF and 534AGH, articles 534AGJ to 534AGN and article 570

shall apply mutatis mutandis, in respect of children who are requested

persons, upon their arrest pursuant to European arrest warrant

proceedings in the executing Member State.

534AGQ.(1) The Minister responsible for home affairs shall

ensure that staff of law enforcement authorities and of detention

facilities who handle cases involving children, receive specific

training to a level appropriate to their contact with children with

regard to children's rights, appropriate questioning techniques,

child psychology, and communication in a language adapted to the

child.

(2)

Without prejudice to the independence of the judiciary,

the Minister responsible for justice shall take appropriate measures

to ensure that judges and prosecutors who deal with criminal

proceedings involving children have specific competence in that

field, effective access to specific training, or both.

(3)

The Minister responsible for justice shall take appropriate

measures to promote the provision of specific training as referred

to in sub-article (2) to lawyers who deal with criminal proceedings

involving children.

PART II

O F M ATTERS RELATING TO CERTAIN M ODES OF

P ROCEDURE AND TO CERTAIN T RIALS

Title I

O F R EPORTS, I NFORMATIONS AND C OMPLAINTS

Liġijiet ta' Malta — Kapitolu 9 — KODIĊI KRIMINALI

Art. 534AGQ Taħriġ. — KODIĊI KRIMINALI Open official source

(1) Il-Ministru responsabbli għall-affarijiet interni

għandu jiżgura li l-persunal tal-awtoritajiet tal-infurzar tal-liġi u tal-

faċilitajiet ta’ detenzjoni li jittrattaw kawżi li jinvolvu t-tfal, jirċievu

taħriġ speċifiku sa livell xieraq għall-kuntatt tagħhom mat-tfal fir-

rigward tad-drittijiet tat-tfal, it-tekniki adattati għall-interrogazzjoni, il-

psikoloġija tat-tfal u l-komunikazzjoni b’lingwaġġ adattat għat-tifel.

(2)

Mingħajr preġudizzju għall-indipendenza tal-ġudikatura, il-

Ministru responsabbli għall-ġustizzja għandu jieħu l-miżuri xierqa biex

jiżgura li l-imħallfin u l-prosekuturi li jittrattaw il-proċedimenti

kriminali li jinvolvu t-tfal ikollhom kompetenza speċifika f’dan il-

qasam, aċċess effettiv għal taħriġ speċifiku, jew it-tnejn li huma.

(3) Il-Ministru responsabbli għall-ġustizzja għandu jieħu l-miżuri

xierqa biex jippromwovi l-għoti ta’ taħriġ speċifiku kif imsemmi fis-

subartikolu (2) għall-avukati li jittrattaw proċedimenti kriminali li

jinvolvu t-tfal.

TAQSIMA II

FUQ ĦWEJJEĠ LI GĦANDĦOM X’JAQSMU MA XI

PROĊEDURI U XI KAWŻI

Titolu I

RAPPORTI, DENUNZJI U KWERELI

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 535 Information. Report. — CRIMINAL CODE Open official source

(1) Any person may give information to any officer of the

Executive Police of any offence liable to prosecution by the Police

ex officio, of which such person may have in any manner become

CRIMINAL CODE

aware.

(2) Nevertheless, no action shall be taken by the Police upon

any anonymous report or information, except in the case of a

flagrant offence or where the report or information refers to some

fact of a permanent nature. In any such case, it shall be lawful for

t h e P o l i c e t o p r o c e e d o n s u c h r e p o r t o r i n f o rm a t i o n , a f t e r

ascertaining the flagrancy of the offence or the permanent fact.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 536 Contents of information. — CRIMINAL CODE Open official source

The informer shall clearly state the fact with all its

circumstances and shall, as far as possible, furnish all such

particulars as may be requisite to ascertain the offence, to establish

the nature thereof as well as to make known the principals and the

accomplices.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 537 Form of information. — CRIMINAL CODE Open official source

An information may be laid either verbally or in writing

Provided that where an information is laid verbally, it shall,

except in cases which admit of no delay, be reduced to writing

forthwith and shall be signed by the informer, or, if he is unable to

write, by the Police officer by whom it is reduced to writing.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 538 Complaint. — CRIMINAL CODE Open official source

Every person who feels himself aggrieved by any offence

and desires to lodge a complaint for the punishment of the offender,

if known, or, if not known, in case he should be discovered, may

make such complaint to any Police officer, even by letter.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 539 Articles 536 and 537 to apply to complaints. — CRIMINAL CODE Open official source

Articles 536 and 537 shall apply also to complaints.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 540 Duty of Police on receipt of report, information or complaint. — CRIMINAL CODE Open official source

Upon the receipt of any report, information or complaint

requiring proceedings to be taken, the Executive Police shall as

soon as possible inform the Court of Magistrates (Malta), or the

Court of Magistrates (Gozo), or a magistrate, as the case may be, in

order to receive the necessary directions for such proceedings

Provided that if upon the report, information or complaint

the party concerned has been summoned or, in any case where the

Executive Police is authorized to proceed forthwith to the arrest of

the party concerned, such party has been actually arrested, it shall

be lawful for the Police to inform the court of such report,

information or complaint at the moment that the party summoned

or arrested is brought before it.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 540A Temporary protection orders. — CRIMINAL CODE Open official source

(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 professional, trained by the

designated agency in accordance with the Gender-Based Violence

a n d D o m es t i c Vi o l e n c e A c t , s h a l l i m m e d i a t e l y c o n d u c t a n

assessment of the risk of the injured person or of any other

individual, as the case may be

Provided that a Police officer shall also initiate an

investigation, during which investigation there shall be heard, amongst

others, the alleged offender, as the case may be

Provided also that if an assessment has been conducted by

a professional trained in accordance with the Gender-Based

Violence and Domestic Violence Act within the twenty-four hour

period immediately preceding the receipt of the report, information,

or complaint by the Executive Police, there shall be no need to

conduct that assessment after such receipt

Provided also that if in the cases mentioned under sub-article

(1) the alleged offender is to be taken before the court by arrest, and if

he remains arrested until his arraignment in court, the dispositions of

this article shall not apply.

(2) Where, following such investigation, and after the due

consideration of the results of the assessment, 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

o r d e r, t h e M a g i s t r a t e m a y r e q u i r e t h e p o l i c e o f f i c e r, t h e

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

pro tecti on ord er" shal l h ave 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

CRIMINAL CODE

(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.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 541 Procedure in cases where Executive Police refuses to take proceedings on report, information or complaint. — CRIMINAL CODE Open official source

(1) If, in cases where the exercise of the criminal action

is vested in the Executive Police, the Executive Police shall, upon

any information, report or complaint in regard to the commission of

a crime, refuse to institute proceedings, it shall be lawful for the

person who laid the information, or made the report or complaint,

to make an application to the Court of Magistrates for an order to

the Police to institute proceedings; and if, after hearing, where

n e c e s s a r y, t h e e vi de nc e te n d e r e d b y t he ap p li c a n t , an d t he

Commissioner of Police, the court is satisfied that the information,

report or complaint is prima facie justified, it shall allow the

a p p l i c a t i o n a n d s h a l l , t h r o u g h t h e r e g i s t r a r, n o t i f y t h e

Commissioner of Police of the order given thereon

Provided that, before any action is taken on any such

application, the applicant shall confirm on oath the information,

report or complaint, and shall enter into a recognizance in a sum to

be fixed by the court, to give his evidence at the trial, if so

required, or to furnish any such evidence at his disposal as may

lead to the conviction of the party accused

Provided further that where the Attorney General by a note

declares that agreement has been reached with the competent

authorities of another country that the courts of that country shall

exercise jurisdiction over the crime the Court of Magistrates shall

consider such declaration conclusive and shall forthwith dismiss

the application.

(2) The provisions of article 383(2), articles 386 and 387 shall,

in so far as applicable, apply to any recognizance under sub-article

(1).

(3) Any decision of the Court of Magistrates allowing, in whole

or in part, an application under sub-article (1) shall be served on the

Attorney General, together with the record of the proceedings,

within two working days from the date of the decision and the

Attorney General may within seven working days from the date of

service make an application to the Criminal Court for the reversal

or variation of the decision. The applicant may also make a similar

application to the Criminal Court within seven working days from

the date of the decision of the Court of Magistrates disallowing, in

whole or in part, the application. An application to the Criminal

Court under this sub-article shall operate as a stay of execution of

the decision of the Court of Magistrates.

(4)

(a)

In cases where for the exercise of the criminal action

the decision to prosecute is vested in the Attorney General, any injured

party may within a period of one month from when he knows or could

have known, whichever is the earlier, of the decision of the Attorney

General not to prosecute, request the Attorney General in writing, and

giving reasons, to reconsider the decision.

(b) If within one month from the request for re-

consideration referred to in paragraph (a) the Attorney

General either informs the injured party that he has

reconsidered the case and decided to confirm his

decision against the institution of criminal proceedings

or fails to reply to the injured party then the injured

party shall be entitled to seek judicial review of the

decision of the Attorney General not to prosecute in

accordance with the provisions of article 469B of the

Code of Organization and Civil Procedure

Provided that for the purposes of this sub-article, the Auditor

General, the Commissioner for Standards in Public Life, the Permanent

Commission Against Corruption and the Ombudsman shall be entitled

to make any claim and to exercise any action which according to this

sub-article pertains to the injured party when they shall have reported

any corrupt practice as defined in the Permanent Commission Against

Corruption Act to the Attorney General.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 542 Persons by whom complaint may be made. — CRIMINAL CODE Open official source

The complaint may be made by a spouse on behalf of the

other spouse, by an ascendant on behalf of a descendant, by a

descendant on behalf of an ascendant, by one of the siblings on

behalf of the other, by any person on behalf of another person under

his tutorship or care, by any administrator or representative of any

pious institution or other body corporate recognized by law, for any

offence committed to the prejudice of such institution or body

corporate, and by the immediate heirs for any offence committed

against the person under whom they claim.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 543 Cases in which Police may proceed ex officio. — CRIMINAL CODE Open official source

It shall be lawful for the Police to institute proceedings

even without the complaint of the private party in any of the

following cases

(a) in the case of crimes for which the law does not

expressly provide that the complaint of the private

party is requisite;

(b) in the case of any offence consisting in the carrying of

prohibited weapons, or in the case of any offence

against any law relating to fishing, vehicles, or boats,

or to any art or trade;

(c) in the case of any offence committed against a person

who, by reason of physical or mental infirmity, is

incapable of instituting criminal proceedings, even

though such offence be one in respect of which, if

committed against any other person, the complaint of

the private party would be requisite;

(d) in the case of any offence affecting public order or the

community in general;

(e) in the case of any offence involving domestic violence

Provided that for the purposes of this paragraph

"domestic violence" shall have the same meaning

assigned to it by article 2 of the Gender-Based

Violence and Domestic Violence Act

Provided further that it shall be lawful, after

proceedings have commenced before the court in

virtue of this article for an offence mentioned in this

paragraph, for an alleged victim of an offence

involving domestic violence to request the court to

stay proceedings against the alleged perpetrator, and

when such a request is made the court may decide and

direct the continuation of proceedings against the

alleged perpetrator, giving particular consideration to

the best interests of the complainant, any minors

involved, and any other relevant third parties, and shall

cause such request and decision to be registered in the

records of the case.

(f)

in the case of rape as defined in article 198

Provided that it shall be lawful, after proceedings have

commenced before the court in virtue of this article for an

offence mentioned in this paragraph, for an alleged

victim to request the court to stay proceedings against the

alleged perpetrator, however, if such request is made, the

court may decide to continue the proceedings against the

perpetrator, giving particular consideration to the best

interests of the complainant, any minors involved, and

any other relevant third parties.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 544 Cases in which complaint of private party is requisite. — CRIMINAL CODE Open official source

Criminal proceedings shall not be instituted except on the

complaint of the private party in the case of theft of electricity and

offences arising from article 326(1)(c), (e) and (f).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 545 Waiver of complaint. — CRIMINAL CODE Open official source

(1) When proceedings cannot be instituted except on the

complaint of the private party, the complainant may, at any time

before final judgment is delivered, waive his complaint.

(2) The party charged or accused may object to any such

waiver, in which case the trial shall be proceeded with as if the

complaint had not been waived.

(3) If the complaint is waived after the opening of the trial and

it appears that the complaint is frivolous or vexatious, or made with

the object of extorting money or other effects, or of making any

other gain, the court may, notwithstanding the waiver, proceed to

deliver judgment, acquitting the person charged or accused and

directing that proceedings be instituted against the complainant, in

accordance with the provisions of article 528

Provided that if the complaint does not amount to any of the

offences specified in the said article, it shall be lawful for the court

to sentence the complainant to detention or to a fine (multa or

ammenda), according to the gravity of the case.

TITLE II

O F I NQUIRIES RELATING TO THE " I N G ENERE",

I NQUESTS AND " R EPERTI"

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 546 Investigation relating to the "in genere". — CRIMINAL CODE Open official source

(1) Saving the provisions of the next following sub-

articles, upon the receipt of any report, information or complaint in

regard to any offence liable to the punishment of imprisonment

exceeding three years, and if the subject-matter of the offence still

exists, the state thereof, with each and every particular, shall, upon a

request which may only be made to the Magistrate by the Attorney

General or the Executive Police, be described, and the instrument, as

well as the manner in which such instrument may have produced

th e e ff e c t , s h a l l b e i n d ic a t e d . F or t h e p u r p o s e o f an y s u c h

investigation, an inquest on the spot shall be held

Provided that where it results that the fact in respect of

wh i c h a n i n v e s t i ga t io n wa s no t he ld u nd e r t h is s u b - a r t i c l e

constituted an offence liable to the punishment mentioned in this

sub-article the failure to hold an investigation under this sub-article

shall not, for that reason alone, prejudice in any way whatsoever

the institution or continuation of criminal proceedings for that

CRIMINAL CODE

offence or the admissibility of any evidence of that offence in those

proceedings.

(2) The holding of an inquest may be dispensed with by the

magistrate to whom the report, information or complaint referred to

in the last preceding sub-article is made, if the fact to be

investigated is breaking for the purpose of article 263(a) as defined

in the first paragraph of article 264(1) and if the theft to which the

breaking relates or may relate, is in respect of things whose value

does not exceed twenty-three euro and twenty-nine cents (€23.29),

although it may be aggravated as mentioned in article 261(a), (b),

(d), (e), (f) and (g), or any amongst them, even if the fact is likely

to constitute an offence liable to the punishment of imprisonment

exceeding three years

Provided that the decision of a magistrate not to hold an

inquest under this sub-article shall not preclude, in respect of the

fact or facts in relation to which such decision was taken, the

institution or continuation of criminal proceedings for an offence

which is more serious, either owing to its nature or to the amount

involved or for any reason whatsoever, than the offences referred to

in this sub-article.

(3) Where the offence to be investigated is theft, other than

theft with violence against the person, the magistrate may, instead

of holding in person an inquest on the spot, direct a Police officer

not below the rank of inspector to establish the relevant facts, and

the officer so appointed and any photographer or other expert

assisting him shall give evidence at the inquiry on the facts

inv estigated and established by them and shall prod uce all

photographs taken and all other articles or documents relevant to

their investigation.

(3A) (a) Where the principal factual elements are matters

relating to health and safety at work such as in the case of involuntary

homicide or involuntary bodily harm arising out of a fact which

happened at work and which are such that entitle the Occupational

Health and Safety Authority to carry out an investigation in accordance

with paragraph (g) of sub-article (3) of article 9 of the Health and

Safety at Work Act, the Magistrate shall as soon as practicable notify

the Authority of the inquest and shall allow the said Authority to

participate by delegating not more than two (2) of its officers so as to be

present during the inquest on the spot and during the hearing of

witnesses if and as may be decided by the Magistrate, and, or following

he inquest on the spot by the Magistrate to accede on site as may be

necessary after informing the Magistrate. If so requested by the

Magistrate, the officers shall file a report for the consideration of the

Magistrate which shall form part of the procès-verbal of the inquest.

(b) Any officer of the Occupational Health and Safety

Authority who participates in the inquest in accordance

with paragraph (a) shall abide only with the directions of

the Magistrate with regard to the execution of his functions

in the inquest and shall be bound by the duty of

confidentiality in the same manner as the persons who

assist the Magistrate in the inquest are so bound.

(c) In this sub-article

"Occupational Health and Safety Authority" or "Authority"

means

the Occupational

Health

and

Safety

Authority established by article 4 of the Health and

Safety at Work Act;

"work place" and "officer" shall have the same meaning

assigned to them in the Health and Safety at Work Act.

(3B) (a) Where

(i)

the functions of a public authority under any law

require that such authority shall or may be able

to investigate the site of an incident about which

an inquest is also held under this article; and

(ii)

such public authority is designated by the

Minister responsible for justice by order in the

Gazette as a public authority to which this sub-

article applies,

such designated public authority shall inform the

Magistrate of its need to execute its functions at

the place of the incident and it shall request to be

granted access to such place and to any exhibits,

documents or witnesses involved in the inquest,

as may be necessary for the proper execution of

its functions according to law.

(b) The Magistrate shall grant such access as may be

requested in accordance with paragraph (a), which

may be made subject to such conditions or limitations

as the Magistrate may determine to be necessary in the

circumstances, after giving due consideration to the

need to enable the requesting public authority to

perform its legal functions, with due regard to

maintaining the integrity and efficiency of the conduct

of the inquest and of any investigations carried out by

the said public authority.

(4) The report, the information or the complaint referred to in

sub-article (1) and in article 551(1) may be laid verbally before the

magistrate but in every case the same report, information or

complaint shall be laid in writing before the magistrate within the

period of two working days from the day on which they were laid

verbally

Provided that the magistrate may, when he deems it proper

so to do, proceed in accordance with the provisions of this Title

notwithstanding that the report, the information, or the complaint

are not laid in writing within the said period.

(4A) * (a) (i)

Any person who makes a report, information

or a complaint to the Executive Police in regard to an offence liable to

the punishment of imprisonment exceeding three years, and if the

*Vide Article 11 of Act VIII of 2025.

CRIMINAL CODE

subject matter of the offence still exists, may at the same time request

the opening of an inquest on the request of a private party on a

suspected person in accordance with the provisions of this sub-article;

(ii)

an inquest upon the request of a private party on

a suspected person shall only be carried out upon

the suspected person but it shall be regulated by

the provisions which regulate inquests

commenced in accordance with sub-article (1),

except as otherwise provided in this article;

(iii) any person making a request in accordance with

this sub-article for the opening of an inquest as

aforesaid shall confirm on oath in the report,

information or complaint who the person

suspected to have committed the offence

(hereinafter in this article referred to as "the

suspect") is, the act allegedly committed by the

suspect, which offences were allegedly

committed by the said person, and the

connection between the acts allegedly

committed by the suspect and the offence

allegedly committed, and shall together with the

report, information or complaint present any

evidence on the basis of which that person is

putting forward his request.

(b) Upon receiving a report, information or a complaint

accompanied by a request for the opening of an inquest

in accordance with paragraph (a), the Executive Police

shall investigate and shall decide if

(i)

there are grounds to initiate a prosecution;

(ii) there are no grounds for prosecution;

(iii) the case merits further investigation by the

Executive Police;

(iv) an inquest upon the request of a private party on a

suspected person should be opened in accordance

with the provisions of this sub-article.

(c) If following an investigation, the Executive Police

decide that there are grounds for initiating a

prosecution or that there are no grounds to initiate a

prosecution, it shall refer the case and the acts of its

investigation to the Attorney General for a decision

whether a prosecution should be commenced.

(d) Where the Attorney General decides that there are no

grounds to initiate a prosecution, the Attorney General

may

(i)

order the Executive Police to pursue the

investigation; or

(ii)

order that the person making the report,

information or the complaint and the person therein indicated as

the suspected person be notified of the decision not to prosecute,

and in that case the provisions of article 541(4) shall apply.

(e) The person who made the report, information or

complaint together with a request for the opening of an

inquest in accordance with paragraph (a), may at any

time after the lapse of six months from when he shall

have made the report, information or complaint and

provided that

(i)

a prosecution shall not have been initiated against

the suspected person; or

(ii)

a decision not to prosecute the suspected person

shall not have been taken; or

(iii) an inquest upon the request of a private party on a

suspected person under this sub-article shall not have been

opened,

file an application in the Criminal Court requesting that the

Court shall order the Executive Police to transmit the report,

information or complaint to the Magistrate for the commencement of

an inquest in terms of paragraph (a), which shall only be carried out on

the actions of the suspected person.

(f)

When it receives an application in terms of paragraph

(e), the Criminal Court shall consider the proof

admissible as evidence before a court of criminal

jurisdiction, and it shall for this purpose

(i)

hear the evidence of the Executive Police in court

behind closed doors about the investigation procedures; and

(ii) hear behind closed doors the person who made

the report, information or complaint, as well as every suspected

person and, any other witness that may be put forward by them

Provided that after considering the proof admissible as

evidence that was produced and the cross-examinations and

submissions of the interested parties, with the right to legal assistance

and all the safeguards resultin g from the law applicable to

investigations of a criminal nature, and whilst following the criteria

stipulated in paragraph (g), the Criminal Court shall proceed to decide

to

(i)

allow a further time for the conclusion of the

investigation of the Executive Police; or

(ii) terminate the proceedings by declaring the

investigation closed; or

CRIMINAL CODE

(iii) accede to the request of the person who made the

report, information or complaint for the opening of an inquest

upon the request of a private party on a suspected person

Provided further that if the Court allows a further time

period for the conclusion of the investigation of the Executive Police it

shall set a date for the continuation of the hearing and it may on that

date proceed in accordance with paragraphs (i), (ii) or (iii) of the first

proviso.

(g) The Criminal Court shall decide to order the opening

of an inquest in accordance with paragraph (a) of this

sub-article only if it results to it, on a balance of

probabilities on the basis of proof admissible as

evidence before a court of criminal jurisdiction, that

the alleged offences could have been committed by the

suspected person.

(h) If the Criminal Court orders that an inquest upon a request

of a private party on a suspected person be commenced,

the Executive Police shall within three working days from

when such order is given request the Registrar of Criminal

Courts and Tribunals to proceed for the opening of an

inquest, by the assignment of a Magistrate according to

sub-article (4C).

(i)

An inquest held under this sub-article which is

declared by a court to have been held, without the

appropriate applicable legal and factual pre-requisites

applicable to it at the time when it was opened having

been adhered to, shall be null and without effect.

(j)

On the termination of the inquest and upon the request

of the suspected person made within one year from the

closure of the inquest and of a copy of the procès-

verbal having been given to the parties concerned, if

the Magistrate considers that a suspected person was

placed under examination unjustly on the basis of a

report, information or complaint presented according

to this sub-article by reason of it having been either

unfounded, frivolous, vexatious or abusive of the

judicial process the Magistrate may decide to condemn

the person who filed the report, information or

complaint to pay the costs of the inquest, without

prejudice to any other direction which the Magistrate

may consider appropriate to give and to any other

action pertaining to the suspected person under any

other applicable law. The decision taken by the

Magistrate in accordance with this paragraph shall be

subject to an appeal by application to the Criminal

Court in accordance with paragraph (k).

(k) Any person who feels aggrieved by the decision of the

Magistrate taken in terms of paragraph (j) may, within

twelve working days from the day on which such

decision is notified to him, file an application to the

Criminal Court requesting that the decision of the

Magistrate be revoked or varied. For the purpose of

exercising its functions under this paragraph, the

Criminal Court shall proceed mutandis mutandis in

accordance with the provisions of this Code applicable to

appeals from decisions of the Court of Magistrates.

(4B) Decrees delivered by the Court and by the Magistrate in terms

of sub-article (4A) shall be notified to the Attorney General.

(4C) In every case where an inquest is to be held under the

provisions of sub-article (4A) the Magistrate who conducts the

inquest shall be chosen by lot from among the Magistrates mentioned

in article 367(3).

(5) A copy of the report, information or complaint referred to

in sub-article (1) or article 551(1) shall be transmitted by the

magistrate to the Attorney General within the period of three

working days from when the magistrate shall have received such

report, information or complaint in writing.

(6) The decision not to hold an inquest in terms of sub-article

(2) shall likewise be notified to the Attorney General within the

period of three working days from such decision.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 547 Inquest to be held by magistrate, — CRIMINAL CODE Open official source

(1) The inquest shall be held by a magistrate.

(2) * The functions of the Magistrate in the inquest are the

following

(a) to collect and preserve any proof admissible as

evidence before a court of criminal jurisdiction which

the Magistrate identifies personally or by means of

experts as relevant to the offence about which the

inquest is held;

(b) to reach a conclusion on whether from the admissible

proof gathered as evidence, it results that an offence

has been committed on a balance of probabilities;

(c) without confronting witnesses or expressing judgment

about which evidence should be believed, in the case

where he considers that a statement made during the

inquest cannot be truthful, to indicate that fact;

(d) without assuming the functions of a court of criminal

inquiry or of a court of criminal judicature, declare

whether or not there is sufficient admissible evidence

*Vide Article 11 of Act VIII of 2025.

CRIMINAL CODE

indicating that on a balance of probabilities, any

persons which in the case of an inquest opened in

terms of sub-article (4A) of article 546 shall be

persons from amongst those indicated as suspects in

the report, information or complaint, may be further

investigated by the Executive Police or by any other

competent authority in accordance to law, or in regard

to whom a decision shall be taken by the Attorney

General as to whether the criminal action should be

instituted.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 548 Procès-verbal of inquest. — CRIMINAL CODE Open official source

(1) The necessary experts shall be employed for the

purposes of the inquest, and a procès-verbal thereof shall be drawn

up

Provided that the magistrate may, where he deems it to be

so expedient, empower the experts to receive documents and to

examine witnesses on oath and to take down their depositions in

writing and the provisions of article 650(5) and of article 653(3)

shall, mutatis mutandis, apply

Provided further, however, that the "in genere" shall be

examined only by persons of the competent profession, whenever it

appears to be so expedient for reasons of decency

Provided further that, without prejudice to the provisions of

article 552(2), no expert shall be appointed solely for the purpose

of examining witnesses on oath and taking down their depositions

in writing and establishing the relevant facts, where the offence to

be investigated is one which carries a maximum term of

imprisonment of seven years or more.

(1a) * (a) An expert appointed by the court shall be a natural

person and not a juridical person. Before appointing an expert, the

Magistrate shall ensure that the expert has knowledge of the

criminal law of Malta up to the level required for him to fulfil his

assignment and, in the case where the expert is not a person

officially accredited to act as an expert in the Courts of Malta in

accordance with the proviso to article 650(2), he shall undertake a

due diligence process under the supervision of the Magistrate that

shall be carried out by the Department of Justice together with the

Court Services Agency and which shall concern the qualifications

and suitability of the person to perform that function. Following the

due diligence process the decision as to whether the expert should be

appointed shall vest within the discretion of the Magistrate.

(b) The decree appointing the expert shall explain the

assignment given to the expert and shall also make it clear that the

role of the expert is limited to the determination of matters of fact

relevant to the constitutive elements of the offence only, without

expressing an opinion with regard to the commission or otherwise

of the offence. The same decree may include other conditions of

appointment as the Magistrate considers appropriate.

(2)

Experts employed in the inquest for the purpose of collecting

*Vide Article 11 of Act VIII of 2025.

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.

For the purpose of this article

"dactyloscopic data" means fingerprint images, images of

fingerprint latents, palm prints, palm print latents, writers palm

prints and writers palm print latents; and

"DNA profile" means a letter or number code which represents a

set of identification characteristics of the non-coding part of an

analysed human DNA sample, that is the particular molecular

structure at the various DNA locations (loci).

(3) * (a) Experts shall be paid fees which are as much as possible

those normally applicable to payments made to professionals for

comparable work in Malta.

(b) The fees referred to in paragraph (a) shall be taxed by

the Registrar of Criminal Courts and Tribunals.

(c) Notwithstanding the other provisions of this Code or of

any other law, in the case where before an expert is

appointed or at any stage of the execution of his task there

is an expectation that the payment to be made to such

expert shall exceed the sum of fifty thousand euro

(€50,000), or such other higher sum as the Minister

responsible for justice may, from time to time, by order in

the Gazette establish, the Magistrate shall before making

such appointment or authorising the continuation of the

task consider whether the appointment should be made or

be continued taking into due consideration the gravity of

the offence investigated, the monetary value which the

offence may involve and the proportionality of the expense

and he shall explain his considerations in a record that

shall be communicated to the Chief Justice. The Chief

Justice shall authorise or refuse the appointment or the

continuation of the task after taking cognizance of the said

record.

†

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 549 Signatures to procès-verbal. — CRIMINAL CODE Open official source

(1) The Magistrate shall sign at the end of the procès-verbal

and a written or printed note shall be made on every document

produced during the inquest by the Registrar or by an officer of the

courts acting in his stead, as may be ordered by the Magistrate.

*Vide Article 11 of Act VIII of 2025.

†Vide Article 11 of Act VIII of 2025.

CRIMINAL CODE

(2) If the experts employed shall express their opinion in a

written report duly confirmed on oath, such report shall be annexed

to the procès-verbal and shall be deemed to form part thereof.

(3) The depositions of witnesses examined at the inquest shall

also be annexed to the procès-verbal.

(4) Such depositions shall be taken in the manner provided for

the examination of witnesses by the court of criminal inquiry, and

shall have the like effect.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 549A Guarantees for the suspect and the victim. — CRIMINAL CODE Open official source

* (1) When a person who is the suspect or is otherwise the

subject of an inquest is called as a witness at the inquest, he shall be

informed before commencing to give evidence that he is a suspect or is

the subject of the inquest and of the offence which it is considered that

he may have committed and the reasons therefor. Such person shall be

granted the right to be assisted by an advocate and shall have all the

safeguards that result from the law applicable to criminal

investigations including the right to access the materials of the case in

terms of article 534AF.

(2)

All the rights mentioned in the preceding sub-article shall

also apply to the victim of the offence who is called as a witness in the

inquest.

(3)

A person who is a suspect or a person who considers that he

is the subject of an inquest may by means of an application to the

Magistrate request to give his evidence in the inquest and indicate

witnesses and other proof to the Magistrate, and if it results to the

Magistrate that such a person is the suspect or the subject of the

inquest, the Magistrate shall accede to the request and shall within a

reasonable time before the date appointed for the giving of such

evidence, place at the disposal of such person such relevant evidence

as the Magistrate considers appropriate on the basis of which such

person is considered as the suspect or the subject of the inquest

Provided that the stage of the inquest when a person who

files an application in accordance with this sub-article shall be called

to give evidence and which witnesses and other proof indicated by him

shall be brought in the inquest shall be determined by the Magistrate.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 550 Probatory force of procès- verbal. — CRIMINAL CODE Open official source

(1) The procès-verbal, if regularly drawn up, shall be

received as evidence in the trial of the cause, and the witnesses,

experts or other persons who took part or gave evidence during the

Magisterial inquest shall not be produced to give evidence in the

inquiry before the Court of Magistrates as court of criminal inquiry

during the compilation stage.

(2) Nevertheless during the period for the conclusion of

compilation of evidence referred to in article 401(1) up to the time

when the court decides whether there exist enough reasons for the

accused to be indicted for an offence as referred to in article 401(2)

*Vide Article 11 of Act VIII of 2025.

or not, it shall be lawful for the Attorney General or the Police,

with the special permission of the Court of Magistrates as a court of

criminal inquiry to call upon any person referred to in sub-article

(1) to give evidence during the compilation proceedings before the

same court on matters which are duly specified and mentioned by

the court in its special permission; so however that after the

conclusion of the compilation stage in accordance with article

402(1) and after the court will have decided whether there are

enough reasons for the accused to be indicted for an offence as

referred to in article 401(2) or not, the Attorney General may

require the presence of any of those persons in accordance with the

provisions of article 405 in order for them to give replies on

specific matters indicated by the Attorney General in his written

request. The person summoned may also request the presence of

any one of those persons for the purpose of the cross-examination.

(3) The court shall also, for the like effect, have power to order

the production of any expert or other witness who shall appear from

the procès-verbal to have been examined at the inquest; and for

such purpose any such expert or witness shall, in all cases within

the jurisdiction of the Criminal Court, be included in the list of the

witnesses of the Attorney General, to be, if necessary, examined.

(4) All documents, however, and any other material object, in

respect of which a procès-verbal has been drawn up, and which can

be preserved and conveniently exhibited, shall always be produced

at the trial, together with the procès-verbal.

(5) The procès-verbal shall be deemed to have been regularly

drawn up if it contains a short summary of the report, information

or complaint, a list of the witnesses heard and evidence collected,

and a final paragraph containing the findings of the inquiring

magistrate.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 550A Magistrate to inform Attorney General of delay. — CRIMINAL CODE Open official source

(1) Where the procès-verbal is not drawn up within sixty

days from the report, information or complaint referred to in article

546(1) or in article 551(1), or where the "repertus" referred to in

article 558(1) is not drawn up within sixty days from the discovery

of the document, the magistrate shall draw up a report stating the

reason for the delay, and this report shall be transmitted by the

magistrate to the Attorney General not later than three working

days from the lapse of the sixty days.

(2) * At the end of every two months after the first report shall

have been drawn up, the magistrate shall draw up another report

stating again the reason for the delay, and every such subsequent

report shall be transmitted by the magistrate to the Attorney

General not later than three working days from the lapse of the two

months.

(3) After the lapse of the period of sixty days referred to in sub-

article (1) every interested person may by application request the

magistrate to be heard as a witness, or to hear as witnesses the

persons indicated in the application. The application shall be served

*Vide Article 11 of Act VIII of 2025.

CRIMINAL CODE

on the Attorney General who may reply within four days.

(4) The Magistrate shall communicate to the Attorney General

such information about the inquest as may be requested by the

Attorney General who moreover shall, at all times, have access to

the record of the proceedings of the inquest and to all documents

and material objects exhibited in the course of the inquest including

the reports of experts and depositions of witnesses.

(5) The Magistrate may, upon a request made by the Financial

Intelligence Analysis Unit, on a case by case basis and where the

i n f o r m a t i o n i s n e c e s s a r y f o r t h e p r e v e nt i o n , de t e c t io n a n d

combating of money laundering, associate predicate offences and

terrorist financing, give access to the record of the proceedings of

the inquest and to all documents and material objects exhibited in

the course of the inquest including the reports of the experts and

deposition of witnesses

Provided that this information shall only be used by the

Financial Intelligence Analysis Unit for the purpose for which it was

provided.

(6) * The inquest shall be concluded within six months from

when it is opened. In any case where the inquest is not concluded

within two years from when it was opened the Magistrate shall,

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

conclude the report of the inquest upon the acts available, and the acts

of the inquest shall be transmitted to the Attorney General within thirty

days from the lapse of the said period of two years. The closure of the

inquest in accordance with this sub-article shall be without prejudice

to the exercise of the power of the Attorney General in accordance

with sub-article (2) of article 569 and to the right of the Police to

continue the investigation, as the case may be

Provided that if the Attorney General exercises his power in

accordance with sub-article (2) of article 569, the time periods

provided in this sub-article shall commence to run again.

(7) † The Attorney General shall upon the request of the victim of

the offence within six months from when an inquest is opened and

unless the inquest has been terminated, and upon the lapse of every

subsequent six months, shall inform the victim of the stage of the

proceedings of the inquest. For the purpose of fulfilling the

requirements of this sub-article, the Attorney General may either rely

on the information provided to him by the Magistrate under the other

provisions of this article or request from the Magistrate such further

information which he considers to be relevant in the particular case for

informing the victim. The Attorney General shall, upon the victim’s

request, inform the victim when the inquest is concluded and when a

*Vide Article 11 of Act VIII of 2025.

†Vide Article 11 of Act VIII of 2025.

copy of the procès-verbal will be given to him, or if exceptional

circumstances exist for which the procès-verbal should not be

published.

(8) * The victim shall have the right to request the Attorney General

to inform him in the case that a decision not to prosecute is taken

following the conclusion of an inquest.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 551 Inquest on body in cases of sudden death, etc. — CRIMINAL CODE Open official source

(1) In cases of sudden or violent or suspicious death or of

death whereof the cause is unknown, a report thereof shall be made

by the Executive Police to a magistrate; the magistrate shall hold an

inquest on the body for the purpose of ascertaining the cause of

death and shall, for that object, take all such evidence as may be

possible for him to procure; after taking all the evidence, the

magistrate shall draw up and sign a procès-verbal stating his

finding as to the cause of death.

(2) Whenever a person dies while he is imprisoned or detained

in any place of confinement contemplated in the Prisons Act, or

while he is in Police custody, an inquest shall be held and a procès-

verbal shall be drawn up for the purposes of and in accordance with

the provisions of sub-article (1).

(3) The provision of the last preceding sub-article shall also

apply whenever a person dies in Mount Carmel Hospital while he is

kept there under an order of a court made pursuant to sub-article (3)

of article 525 or to article 623(1) or for the purpose of his being

examined by experts appointed by the court to report on the plea of

insanity.

(4) Notwithstanding the provisions of sub-article (1), in cases

of sudden death or of death the cause whereof is unknown, the

magistrate may, instead of holding in person an inquest on the

body, and without prejudice to his powers under article 552, act as

provided in article 546(3), and where he so acts the provisions of

that sub-article shall, mutatis mutandis, apply.

(5) The provisions of article 547(2) shall apply to inquests held

for the purpose of this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 552 Autopsy. — CRIMINAL CODE Open official source

(1) The magistrate may, where necessary, order the

dissection and the internal examination of the body.

(2) For the purposes of this article and of article 551(1), the

magistrate may appoint a medical expert or experts and he may also

empower such expert or experts to hear evidence on oath for

establishing the identity of the body and to ascertain the cause of

death.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 553 Exhumation of body. — CRIMINAL CODE Open official source

If the body has been buried, it shall be lawful for the

magistrate to order the disinterment thereof with all due

precautions, if such disinterment can be effected without prejudice

to the public health.

*Vide Article 11 of Act VIII of 2025.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 554 Powers of magistrate holding inquest. — CRIMINAL CODE Open official source

(1) It shall be lawful for the magistrate to order the arrest

of any person whom, at any inquest, he discovers to be guilty, or

against whom there is sufficient circumstantial evidence, as well as

to order the seizure of any papers, effects, and other objects

generally, which he may think necessary for the discovery of the

truth. It shall also be lawful for the magistrate to order any search

into any house, building or enclosure, although belonging to any

other person, if he shall have collected evidence leading him to

believe that any of the above objects may be found therein.

(2) It shall also be lawful for the magistrate to order that any

suspect be photographed or measured or that his fingerprints be

taken or that any part of his body or clothing be examined by

experts appointed by him for the purpose

Provided that where the magistrate is of the opinion that

such photographs (negatives and prints), fingerprint impressions,

records of measurements and any other thing obtained from the

body or clothing as aforesaid are no longer required for the purpose

of the inquiry relating to the "in genere", he shall order their

destruction or shall order that they be handed over to the person to

whom they refer.

(3) In any proceedings under this Title the magistrate shall

have the same powers and privileges of a magistrate presiding the

Court of Magistrates as court of criminal inquiry.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 555 Procedure to be followed in cases where material object no longer exists, etc. — CRIMINAL CODE Open official source

If the subject-matter of the offence no longer exists, or for

some cause cannot be viewed, or if the nature of the offence is such

that it could not leave any permanent traces, or if the traces shall

have been in any manner destroyed, then there shall be ascertained

in the inquiry, the actual state of the object, and, as far as possible,

the state in which it was before it became the subject-matter of the

offence; and any evidence on these points shall be taken down in

writing and shall form part of the inquiry

Provided that where the traces shall have been destroyed,

there shall also be ascertained, as far as practicable, the mode and

the cause of their disappearance, and all evidence, tending to prove

that the offence was actually committed, shall also be collected.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 556 Formalities to be observed at inquiry into forgery of writings. — CRIMINAL CODE Open official source

(1) In every inquiry into cases of forgery of writings, the

document averred to be false, shall, as soon as it is produced, be

numbered on every page, and there shall be drawn up a procès-

verbal of the material state of such document and of its production.

(2) The procès-verbal shall describe every cancellation,

addition or interlineation contained in any such document, and any

other circumstance which may point to the alteration of the

document.

(3) The document averred to be false as well as the procès-

verbal when it has been drawn up, shall be signed, and on every

page countersigned by the inquiring magistrate, by the registrar,

and also, where practicable, by the witnesses and experts employed

at the inquiry.

(4)

The inquiring magistrate may, instead of drawing up the

procès-verbal referred to in this article, order that a photostatic

copy of the document averred to be false be made by a person

appointed by him for such purpose which copy shall be kept in the

custody of the registrar. The registrar shall produce such copy

whenever requested by any court of criminal justice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 557 Procedure to be followed in connection with the production of the document averred to be false. — CRIMINAL CODE Open official source

(1) When the document averred to be false is deposited in

any public off ice o r with any private person, th e i nquiring

magistrate shall order such document to be produced in court

without delay.

(2) The person with whom the document is deposited is bound,

under pain of arrest, to produce it, and in default of production, it

shall be lawful to effect a search for the document and to detain

s u c h p e r s on u n t i l h e pr od u c e s t h e d o c u m e n t , o r u n t i l s u c h

document is seized, or until such time as the court may think

proper, regard being had to his disobedience and to the importance

of the case.

(3) Nevertheless, any private person, who is in possession of

any private writing averred to be false, may not be compelled to

produce such writing, unless he shall have been previously

summoned to produce it before the court or to state the reason for

his refusal to do so.

(4) If the reason for the refusal is not accepted, the court shall

order that the said person be compelled to produce the private

writing, even by arrest or search, and by detaining such person until

he produces the private writing, or until the private writing is

seized, or until such time as the court may think proper, regard

being had to his disobedience and to the importance of the case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 558 "Repertus". — CRIMINAL CODE Open official source

(1) On the discovery of any document relating to any

offence, steps shall be taken to secure the existence and

p r e s e r v a t i o n t h e r e o f , a n d a p ro c è s- v e r b a l , t o b e k n o w n a s

"repertus", shall be drawn up.

(2) The expression "document" includes any paper and any

material object which may furnish information, explanation, or

other evidence about the offence, or about the guilt or innocence of

the accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 559 Procedure in investigations relating to the "in genere" or in the drawing up of a "repertus''. — CRIMINAL CODE Open official source

For the purpose of any inquiry relating to the "in genere" or

in the case of any "repertus", there shall be brought or summoned

to attend on the spot qualified persons in any art or trade who may

be competent to ascertain the traces left by the offence, the

condition and particulars of the permanent fact, the material means

by which probably the offence was committed, the effects produced

by the offence, the further effects which the offence might produce,

and their probable duration.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 560 Employment of experts. — CRIMINAL CODE Open official source

For the purpose of any "repertus" relating to any weapon or

other thing which appears to have served for the commission of the

offence or to have been intended for use in the commission of the

offence or to be the result of the offence, or relating to any paper or

other document which may be useful for the discovery of the truth,

there shall be brought or summoned to attend on the spot persons

CRIMINAL CODE

qualified in the particular art or trade, in order to establish the

nature, the condition or use of the thing forming the subject-matter

of the "repertus".

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 561 Opinion of experts. — CRIMINAL CODE Open official source

The experts shall, in connection with any thing forming the

subject-matter of the "repertus", make all such observations and

experiments as their art or trade may suggest. They shall state the

facts on which their observations are based and shall give their

opinion as provided in the last two preceding articles.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 562 Time allowed to experts to prepare opinion. — CRIMINAL CODE Open official source

If the expert is unable to give his opinion on the spot, or if

the matter requires some chemical experiment or other scientific

process, he shall be allowed a short time for preparing his statement

or report, care being always taken to secure the proof of the identity

of the things.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 563 Ascertainment of circumstances relating to permanent fact. — CRIMINAL CODE Open official source

In the case of any permanent fact, every circumstance

constituting the "in genere" shall be ascertained by one or more

experts. Any such circumstance may, however, be ascertained by

other witnesses, if their examination be sufficient to discover and

establish the permanent fact the proof whereof it is necessary to

secure.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 564 Opinion of experts to be confirmed on oath. — CRIMINAL CODE Open official source

(1) Every statement of the experts shall be made or

confirmed on oath to be taken before the inquiring magistrate.

(2) Subject to the provisions of article 650, the experts shall in

all cases be appointed by the inquiring magistrate.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 565 Rules regarding the "repertus". — CRIMINAL CODE Open official source

(1) Saving the provisions relating to the statements made

by the experts, the following rules shall be observed in connection

with any "repertus"

(a) if the thing is by its nature liable to alteration or decay,

the requisite surveys and the most accurate

descriptions thereof shall be made in terms of the

preceding articles of this Title; such part of the thing

as may be preserved, shall be kept;

(b) if the thing or part of the thing kept, is such that it can

be written upon, it shall be marked with the name of

the officer and all other persons taking part in the

proceedings, and it shall be then wrapped up in a paper

or cloth;

(c) if the thing is not such as can be written upon, it shall

be placed into a proper receptacle, or into a room, and

then made secure in the presence of all the persons

taking part in the proceedings;

(d) the wrapper, receptacle, or door of the room, shall be

made secure with strips of paper or cloth, which shall

be sealed and then signed by the officer and all other

persons taking part in the proceedings;

(e) if it becomes necessary, for the ends of justice, to

reopen the wrapper, receptacle, or room, it shall be

reopened, where possible, in the presence of the

persons who had previously taken part in the

proceedings, and be again made secure in the presence

of the same, or, where this cannot be conveniently

done, in the presence of other persons, steps being

taken to secure it as far as practicable in its former

condition.

(2)

In all cases, a procès-verbal shall be drawn up.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 566 Powers of magistrate during the collection of evidence relating to the "in genere" or "repertus". — CRIMINAL CODE Open official source

In collecting evidence in connection with any inquiry

relating to the "in genere" or with any "repertus", it shall be lawful

for the magistrate to order, if he deems it expedient so to do, that no

person shall leave the place where the investigation is being held.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 567 Court may order closed doors to be forced open. — CRIMINAL CODE Open official source

If the door of the place where any inquiry relating to the

"in genere" or any "repertus" is to take place, is found closed, and

no one shall appear to open it, it shall be lawful for the magistrate

to order the said door to be forced open.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 568 Discretion of investigating officer in certain cases. — CRIMINAL CODE Open official source

(1) When any of the precautions and formalities

prescribed under this Title for ascertaining or establishing any fact,

cannot be conveniently taken or observed, it shall be left to the

discretion of the officer charged therewith to take any other

measures which he considers best in the circumstances.

(2) Nevertheless, the omission of any such precaution or

formality shall be no bar to proving, at the trial, in any manner

allowed by law, the facts to which such precaution or formality

relates.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 569 Transmission of record of investigation to Attorney General. — CRIMINAL CODE Open official source

(1) The record of any proceedings under this Title shall,

where no criminal inquiry has taken place thereon, be transmitted

by the magistrate to the Attorney General within the period of three

working days.

(2) The Attorney General shall return any such record to the

mag is t rat e or t o th e in qu ir ing m a gi s tr a te wh e n a ny fu rt her

investigation is to be held.

(3) Where such record is returned to the magistrate, the

provisions of article 550A shall, mutatis mutandis, apply.

(4) For the purpose of sub-article (2), such record shall be

returned by means of a note filed in the Court of Magistrates, and,

notwithstanding anything contained in this Code, the Attorney

General shall not be subpoenaed to exhibit such record.

(5) Where in the procès-verbal the magistrate shall have

indicated a person about whom a decision whether the criminal action

shall be instituted should be taken on any one or more charges, the

magistrate shall order that a copy of the same procès-verbal shall

be transmitted by the registrar to the Commissioner of Police who,

saving the provisions of sub-article (6), shall proceed accordingly.

(6) Notwithstanding the provisions of sub-article (5), the

Commissioner of Police may consult with the Attorney General who

shall either determine the charge or charges on the basis of which the

CRIMINAL CODE

criminal action is to be instituted or direct that no proceedings are to

be taken, without prejudice to the right of the Attorney General to

direct otherwise whenever fresh evidence becomes available

Provided that where the Attorney General shall have directed

that no proceedings are to be taken, the provisions of sub-article (4) of

article 541 shall apply.

Title III

O F C OUNSEL FOR THE A CCUSED

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 570 Duties of Advocate for Legal Aid. — CRIMINAL CODE Open official source

(1) The Advocate for Legal Aid shall gratuitously

undertake the defence of any accused who has briefed no other

advocate or who has been admitted to sue or defend with the

benefit of legal aid in any court mentioned in this Code.

(2) The request for the assistance of the Advocate for Legal

A i d o r f o r t h e b e n e f it o f l e g a l a i d s h a l l b e m a d e e i t h e r b y

application or orally to the Advocate for Legal Aid.

(3) Article 911(4), (5) and (6) of the Code of Organization and

Civil Procedure shall mutatis mutandis apply to the Advocate for

Legal Aid.

(4) Where any court is informed by the accused that he has

been unable to brief any advocate or that he wishes to avail himself

of the benefit of legal aid that court shall cause the declaration

made by the accused to be registered in the records of the case and

shall order that such declaration, together with the details of the

accused, be served on the Advocate for Legal Aid who within two

working days shall file a reply indicating if the request of the

accused has been accepted and if so the name of the Advocate for

Legal Aid who will be representing the accused

Provided that in the case of summary proceedings before

the Court of Magistrates acting as a Court of Criminal Judicature

the Court shall appoint the advocate whose turn it is from the panel

of advocates mentioned in article 91 of the Code of Organization

and Civil Procedure to assist the accused in those proceedings as

well as in any appeal from any decision given in those proceedings

provided that before filing any such appeal he shall consult the

Advocate for Legal Aid who may, at any time, decide to take over

the appeal.

(5) The Advocate for Legal Aid may only decline his aid on

any ground which, in the opinion of the court, prima face justifies

the refusal of his aid. In such event the Court shall order that the

accused be represented by another advocate, who is not himself

excusable, to be appointed by the Court on the recommendation of

the Advocate for Legal Aid from the panel of advocates mentioned

in article 91 of the Code of Organization and Civil Procedure

provided that the court may in exceptional circumstances to be

stated in its decree order any other advocate to take up the defence

of the accused.

(6) The advocate appointed by the court in the exceptional

circumstances referred to in sub-article (5) shall render his services

gratuitously.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 571 Incompatibility of defence of more than one accused. — CRIMINAL CODE Open official source

(1) If an advocate who has undertaken the defence of

more than one accused finds that the defence of one or more of the

accused is incompatible with the interests of one or more of the

other accused, he shall be bound to give up forthwith the defence of

that or those accused which may be incompatible with the defence

of that or those of the other accused which he intends to retain.

(2) The provisions of sub-article (1) shall apply in the case

where the Advocate for Legal Aid, by reason of any lawful

impediment, is unable to undertake, or to undertake alone, the

necessary defence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 572 Communication of appointment to advocate concerned. — CRIMINAL CODE Open official source

Any appointment made in terms of article 570(4), shall be

communicated to the advocate concerned by the registrar. The

appointment must be accepted or declined in writing; in the latter

case, the reasons for the refusal must be stated.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 572A Advocate assigned to be replaced. — CRIMINAL CODE Open official source

The court may upon the request of a suspect, accused

persons or of a requested persons referred to in article 355AT(2)(c),

where the circumstances so justify, order that the advocate assigned to

them be replaced.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 572B Vulnerable suspects, vulnerable accused persons and vulnerable persons. — CRIMINAL CODE Open official source

(1) The Executive Police and any other law enforcement

or judicial authority shall ensure that the particular needs of vulnerable

suspects, vulnerable accused persons and vulnerable persons who are

the subject of European arrest warrant proceedings pursuant to

Framework Decision 2002/584/JHA are taken into account in the

application of the provisions of this Sub-title.

(2) For the purposes of this Sub-title, the expression "vulnerable

person" shall have the same meaning as is assigned to it by article

208AC(2).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 573 Where advocate declines appointment. — CRIMINAL CODE Open official source

(1) If the advocate appointed by the court declines to

accept the appointment, the court shall examine the reasons of the

refusal and, if found sufficient, shall proceed to the appointment of

another advocate; otherwise, it shall declare that there are no

grounds for the refusal.

(2) If the advocate persists in his refusal, the court shall,

according to circumstances, by way of a disciplinary measure,

either admonish him with closed doors, or reprimand him in open

court, or suspend him from the exercise of his profession for a

period not exceeding one month. It shall also be in the power of the

court to inflict the said disciplinary penalties cumulatively.

Title IV

O F B AIL

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 574 Bail. — CRIMINAL CODE Open official source

(1) Any person charged or accused who is in custody for

any crime or contravention may, on application or as provided in

article 574A, be granted temporary release from custody, upon

giving sufficient security to appear at the proceedings at the

appointed time and place under such conditions as the court may

consider proper to impose in the decree granting bail which decree

shall in each case be served on the person charged or accused

Provided that the Minister responsible for justice may by

regulations provide for any systems of bail management whether

electronic or otherwise, and for procedures, formalities or modalities

which are to apply in order to ensure that the person charged or

accused abides by the conditions imposed upon him by the court when

release from custody on bail of the person charged or accused is

granted subject to the condition that the person charged or accused

attends at a place on specified days and times. Such regulations may

also provide for the taking and use of fingerprints, and the processing

of any data derived from such fingerprints by electronic means.

(2) It shall also be lawful for the President of Malta, in special

cases, to grant temporary release to any accused person who is in

custody for any crime or contravention, subject to such conditions

as the President of Malta may think fit to impose. In default of

observance by the accused of any of such conditions he shall be

liable to be re-arrested forthwith.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 574A Proceedings where a person is first brought before the Court of Magistrates. — CRIMINAL CODE Open official source

(1) When the person charged or accused who is in

custody is first brought before the Court of Magistrates, whether as

a court of criminal judicature or as a court of criminal inquiry, the

Court shall have the charges read out to the person charged or

accused and, after examining the person charged as provided in

article 392 as the proceedings may require, shall summarily hear

the prosecuting or arraigning officer and any evidence produced by

that officer on the reasons supporting the charges and on the

reasons and circumstances, if any, militating against the release of

the person charged or accused.

(2) After hearing the prosecuting or arraigning police officer

and any evidence produced as provided in sub-article (1) the court

shall in form t he person ch arged or accu sed that he m ay be

temporarily released from custody on bail by the court under

conditions to be determined by it and shall ask him what he has to

say with respect to his arrest and his continued detention and with

respect to the reasons and the circumstances militating in favour of

his release.

(3) Where any of the offences charged consists in any of the

offences mentioned in article 575(2) the court shall, after hearing

the person charged or accused as provided in sub-article (2) of this

article, ask the prosecuting or arraigning officer whether he has any

submissions to make on the question of temporary release from

custody on bail of the person charged or accused and the latter shall

be allowed to respond.

(4) Where none of the offences charged consists in any of the

offences mentioned in article 575(2) the court shall, after hearing

the person charged or accused as provided in sub-article (2) of this

article, ask the prosecuting or arraigning officer whether he and the

Attorney General and if applicable, the injured party have any

submissions, in writing or otherwise, to make on the question of the

temporary release from custody of the person charged or accused

and the latter shall be allowed to respond.

(5) At the end of submissions as provided in the preceding sub-

articles of this article the court shall review the circumstances

militating for or against detention.

(6) If the court finds that the continued detention of the person

charged or accused is not founded on any provision of this Code or

of any other law which authorises the arrest and detention of the

person in custody it shall unconditionally release that person from

custody.

(7) If the court does not find cause to release unconditionally

the person charged or accused under the provisions of sub-article

(6) it may nevertheless, saving the provisions of article 575(1) and

unless release is prohibited by any provision of law, release that

person from custody on bail subject to such conditions as it may

deem appropriate.

(8) If the court does not find cause to release unconditionally

the person charged or accused and refuses to grant that person bail

the court shall remand that person into custody and the provisions

of article 575(11) shall apply.

(9) Where the court orders the release from custody of the

person charged or accused, whether unconditionally or on bail

subject to conditions, under any of the provisions of this article the

decision of the court to that effect shall be served on the Attorney

General by not later than the next working day and the Attorney

General may apply to the Criminal Court to obtain the re-arrest and

continued detention of the person so released or to amend the

conditions, including the amount of bail, that may have been

determined by the Court of Magistrates.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 575 Crimes in respect of which bail is not granted. — CRIMINAL CODE Open official source

(1) Saving the provisions of article 574(2), in the case

of -

(i)

a person accused of any crime against the safety

of the Government, or

(ii) a person accused of any crime liable to the

punishment of imprisonment for life,

the court may grant bail, only if, after taking into consideration all

the circumstances of the case, the nature and seriousness of the

offence, the character, antecedents, associations and community

ties of the accused, as well as any other matter which appears to be

relevant, it is satisfied that there is no danger that the accused if

released on bail -

(a) will not appear when ordered by the authority

specified in the bail bond; or

(b) will abscond or leave Malta; or

CRIMINAL CODE

(c) will not observe any of the conditions which the court

would consider proper to impose in its decree granting

bail; or

(d) will interfere or attempt to interfere with witnesses or

otherwise obstruct or attempt to obstruct the course of

justice in relation to himself or to any other person; or

(e) will commit any other offence.

(2) At any stage other than that referred to in article 574A, the

demand for bail or any demand for the variation of the conditions

of bail after bail has been granted, shall be made by an application,

a copy whereof shall be communicated to the Attorney General on

the same day, whenever it is made by -

(a) persons accused of fraudulent bankruptcy;

(b) persons accused of any crime under Sub-title III of

Title III of Part II of Book First of this Code, if such

crime is punishable with more than one year’s

imprisonment;

(c) persons accused of any crime punishable with more

than three years’ imprisonment.

(3) The Attorney General may, within the next working day, by

a note, oppose the application, stating the reasons for his

opposition.

(4) Bail shall always be granted in the case referred to in the

proviso to article 432(1).

(4A) Where the Court of Magistrates, whether as a court of

criminal judicature or as a court of criminal inquiry, grants bail to

the person in custody or subsequently amends the bail conditions,

the decision of the court to that effect shall be served on the

Attorney General by not later than the next working day and the

Attorney General may apply to the Criminal Court to obtain the re-

arrest and continued detention of the person so released or to

amend the conditions, including the amount of bail, that may have

been determined by the Court of Magistrates.

(5) Where in the case of a person accused of a crime in respect

of which the Court of Magistrates has proceeded to the necessary

inquiry, the Attorney General has not either -

(a) filed the indictment, or

(b) sent the accused to be tried by the Court of Magistrates

as provided in paragraph of article 370(3)(a) or in

article 433(5) or in similar provisions in any other law

within the terms specified in sub-article (6), to run from the day on

which the person accused is brought before the said court, or from

the day on which he is arrested as provided in article 397(5), that

person shall be granted bail.

(6) (a) The terms referred to in the preceding sub-article are

(i)

twelve months in the case of a crime liable to the

punishment of imprisonment of less than four

years;

(ii) sixteen months in the case of a crime liable to

the punishment of imprisonment of four years or

more but less than nine years; and

(iii) twenty months in the case of a crime liable to the

punishment of imprisonment of nine years or

more.

(b) The terms mentioned in paragraph (a) shall be held in

abeyance for the corresponding period during which

the terms referred to in articles 401, 407 and in article

432(3) are held in abeyance for any of the reasons

mentioned in article 402(1) and (2), as well as for such

period during which the court is unable to proceed

with the inquiry except after the determination of any

issue before any other court.

(c) The terms mentioned in paragraph (a) shall also be

held in abeyance for the corresponding period during

which the record of the inquiry is with the Court of

Magistrates for the examination of witnesses as

provided in article 405(5).

(7) Bail shall also always be granted to a person accused of an

offence unless, within the terms specified in sub-article (9), to run

as provided in sub-article (8), there has been a final judgment

acquitting, convicting or sentencing the person so accused.

(8)

The terms specified in sub-article (9) shall run

(a) where no inquiry has taken place, from the day when

the person accused has been brought before the Court

of Magistrates or from the day on which he has been

arrested as provided in article 397(5);

(b) where there has been an inquiry, from the day that the

Attorney General sends the accused to be tried by the

Court of Magistrates as provided in article 370(3)(a)

or in article 433(5) or in similar provisions in any

other law, or from the day of the filing of the

indictment

Provided that where the accused makes objection to the

case being dealt with summarily as provided in article 370(3)(d),

the term shall commence to run from the date of the filing of the

indictment.

(9) (a) The terms referred to in sub-articles (7) and (8) are

(i)

four months in the case of a contravention or of

a crime liable to the punishments established for

contraventions or to imprisonment for a term not

exceeding six months;

(ii) eight months in the case of a crime liable to the

punishment of imprisonment for a term

exceeding six months but not exceeding four

years;

(iii) twelve months in the case of a crime liable to the

punishment of imprisonment for a term

CRIMINAL CODE

exceeding four years but not exceeding ten

years;

(iv)

twenty-four months in the case of a crime liable

to the punishment of imprisonment for a term

exceeding ten years but not exceeding fifteen

years;

(v)

thirty months in the case of a crime liable to the

punishment of imprisonment for a term

exceeding fifteen years.

(b) The terms mentioned in paragraph (a) shall be held in

abeyance -

(i)

for such period during which the court is unable

to proceed with the hearing of the cause except

after the determination of any issue before any

other court of for any of the reasons mentioned

in article 402(1) and (2);

(ii) for the corresponding period during which the

record of the inquiry is with the Court of

Magistrates for the examination of witnesses

demanded by the accused as provided in article

406;

(iii) for such period as the case is before the Court of

Criminal Appeal on an appeal entered by the

accused from an interlocutory decree or on an

appeal entered by the accused or by the Attorney

General as provided in article 499;

(iv) where the cause has been adjourned at the

request of the accused or his counsel, for the

period from the date of the request to the date of

the next hearing.

(v) for such period during which the court cannot

hear the case due to circumstances regarding the

health of the accused resulting from self-harm

by the accused

Provided that a period of suspension under this

sub-paragraph shall in any case last for two

months or be equivalent to the time during

which the effects of the self-harm inflicted by

the accused persist, whichever is the longer;

(vi) without prejudice and subordinately to the

application of the preceding sub-paragraphs,

when the court, after having appointed the case

for hearing shall have cancelled that

appointment for a reason exclusively attributable

to the accused or to one or more of the accused,

for such period until the case is heard

Provided that a period of suspension under this

sub-paragraph shall not exceed two months every

time and in any case it shall not exceed a maximum

of six months in respect of all instances when this

sub-paragraph is applied in the same case.

(10) The provisions of sub-articles (5) and (7) shall not apply if

at the time the request for bail is made or within a week thereafter

the indictment shall have been filed, or when a warrant of arrest

against the person accused has been issued as provided in article

579, whether in the same or in any other cause still pending against

him before any court of criminal justice.

(11) In refusing to grant bail the court shall state the reasons for

such refusal in its decree refusing bail which decree shall be served

on the person accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 575A Bail in respect of scheduled offences. — CRIMINAL CODE Open official source

(1) Saving the provisions of article 574A(6) but

notwithstanding any other provision of this Code or of any other

law, where the Court of Magistrates at any time orders the

temporary release from custody of a person who -

(a) is charged with a scheduled offence and with being a

recidivist in terms of articles 50 and 51; and

(b) has been previously found guilty of a scheduled

offence by means of a judgment which has become res

judicata,

the order of the Court shall be given in open court on a date

previously notified to the prosecution and the person charged and

shall be served on the Attorney General by not later than the next

working day.

(2) The Attorney General may, not later than the next working

day following the date of service of the order of the Court of

Magistrates, apply to the Criminal Court for the revocation or

amendment of the order and the Criminal Court shall appoint the

application for hearing not later than two working days from the

filing of the application. The Criminal Court shall give its decision

on the application with urgency.

(3) The execution of the order of the Court of Magistrates

ordering the temporary release of the person charged shall be

suspended during the period allowed to the Attorney General to

apply to the Criminal Court under this article and, following such

application, until the Criminal Court gives its decision thereon.

(4) The provisions of article 575(1) shall apply also in the case

of a person charged with a scheduled offence.

(5) For the purposes of this article "scheduled offence" means

any offence listed in the Schedule D.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 576 Amount of security. — CRIMINAL CODE Open official source

The amount of the security shall be fixed within the limits

established by law, regard being had to the condition of the accused

person, the nature and quality of the offence, and the term of the

punishment to which it is liable.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 577 Different modes of security. — CRIMINAL CODE Open official source

(1) Security for bail is given by the production of a

sufficient surety who shall enter into a written recognizance in the

sum fixed.

(2) It may also be given, whenever the court shall deem it

proper, by the mere deposit of the sum or of an equivalent pledge,

or by the mere recognizance of the person accused.

CRIMINAL CODE

(3) Nevertheless, in cases of contraventions or of crimes within

the jurisdiction of the Court of Magistrates as court of criminal

judicature in terms of article 370(1) and article 371(2), it shall be

lawful for the court, if it deems it expedient so to do, to exempt the

accused, while the case is pending, from any of the modes of

security mentioned in this article.

(4) Persons accused of any crime outside the jurisdiction of the

Court of Magistrates as court of criminal judicature may, in the

absence of opposition on the part of the Attorney General, be

exempted from any of the modes of security mentioned in this

article, where it appears from a certificate under the hand of the

Commissioner of Police that they are poor and of good moral

character.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 578 Effect of security. — CRIMINAL CODE Open official source

The effect of the security for bail shall be the temporary

release from custody of the person charged or accused

Provided that it shall be lawful for the court, at any

subsequent stage of the proceedings, on the demand of the Police or

the Attorney General, as the case may be, on good cause being

shown, and after hearing the person charged or accused, to deprive

him of the benefit of such temporary release, and to order his re-

arrest.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 579 Consequences of default of appearance of person admitted to bail, etc. — CRIMINAL CODE Open official source

(1) If the person charged or accused fails to appear when

ordered by the authority specified in the bail bond, or fails to

observe any of the conditions imposed by the court in its decree

granting bail, or absconds or leaves Malta, or while on bail

commits any crime not being one of an involuntary nature, or

interferes or attempts to interfere with witnesses or otherwise

obstructs or attempts to obstruct the course of justice whether in

relation to himself or any other person, the sum stated in the bail

bond shall be forfeited to the Government of Malta, and, moreover,

a warrant of arrest shall be issued against him

Provided that the Court may decide not to apply the provisions

of this sub-article or not to apply them to their full extent where the

court considers that the infringement of the condition imposed in

the decree granting bail is not of serious consequence.

(2) Any person who fails to observe any of the conditions

imposed by the court in its decree granting bail shall be guilty of an

offence and shall, on conviction, be liable to the punishment of a

fine (multa) or to a term of imprisonment from four months to two

years, or to both such fine and imprisonment and the Court shall

order that the sum stated in the bail bond shall be forfeited in full or in

part to the Government of Malta according to the Court’s assessment

of the gravity of the offence.

(3) Notwithstanding the provisions of any law, any person

charged with any offence as mentioned in sub-article (2) shall be

arraigned in Court under arrest, and it shall be lawful for the Police

to request in the same proceedings the revocation of bail and the re-

arrest of such person. The proceedings for an offence under sub-

article (2) shall be taken by the Police and shall be decided by the

Court with urgency.

(4) It shall be lawful for the Police to enter into any premises in

order to ensure that the conditions imposed by the court as

mentioned in sub-article (1) are being observed. It shall also be

lawful for the Police to arrest without warrant any person suspected

of an offence under sub-article (2).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 580 Court by which bail is granted. — CRIMINAL CODE Open official source

(1) The person charged or accused shall be admitted to

bail by the Court of Magistrates or by the Criminal Court, under the

authority of which, as the case may be, he is or is to be detained.

(2) The demand for bail may be made at any stage of the

proceedings subsequent to the taking down in writing of the

complaint or report and the examination referred to in article 390,

and any such demand may be made not only during the inquiry, but

also to the judge sitting in the Criminal Court after the accused has

been committed for trial or after the filing of the indictment, even

though bail had not been granted to him by the Court of

Magistrates.

(3) The demand for bail before the Criminal Court shall be

made by an application whereupon the court shall, if the

application, is opposed by the Attorney General, appoint a day for

hearing the applicant and the Attorney General, causing them to be

served with a copy of the decree.

(4) Except as provided in article 575(2), the demand for bail

before the Court of Magistrates shall be made orally.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 581 Party bailed arrested for default, not to be re-admitted to bail. — CRIMINAL CODE Open official source

In the case referred to in article 579, the party arrested

shall not be admitted to bail a second time in the same cause.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 582 Bail not to be granted by the court ex officio. — CRIMINAL CODE Open official source

(1) The court may not ex officio grant bail, unless it is

applied for by the person charged or accused.

(2) The court may require a previous notice of twenty-four

hours of the proposed surety.

(3) It shall be lawful for the court, on just cause being shown,

to extend the time originally appointed for the appearance of the

person charged or accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 583 Right of surety to be released from his recognizance in certain cases. — CRIMINAL CODE Open official source

If a surety has reason to suspect that the person charged or

accused is about to escape, he may, on showing to the Executive

Police sufficient grounds for his suspicion, cause the person

charged or accused to be again arrested, and thereby release himself

from his bond

Provided that the person charged or accused may again be

bailed, if he gives new security.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 584 Mode of regulating the amount of bail. — CRIMINAL CODE Open official source

The amount of the security shall be regulated as follows

In the case of contraventions, other than the contravention referred

to in article 338(t), the amount of the security shall be from four euro

and sixty-six cents (€4.66) to nine euro and thirty-two cents (€9.32);

in the case of the contravention referred to in article 338(t) or of any

crime punishable with detention, or with less than one year ’s

imprisonment, the amount of the security shall be from forty-six euro

2007. and fifty-nine cents (€46.59) to twenty-three thousand and two

hundred and ninety-three euro and seventy-three cents (€23,293.73);

and in any other case the amount of the security shall be such sum,

being not less than one hundred and sixteen euro and forty-seven

cents (€116.47), as the court shall deem, in the circumstances,

sufficient to ensure as far as possible that the person charged or

accused will appear as provided by law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 585 Recovery of bail. Amended by: VIII.1857.18. — CRIMINAL CODE Open official source

(1) For the recovery of the sum fixed in the bail bond in

the case referred to in article 579, the court before which the person

charged or accused was bound to appear, shall, as the case may be,

either issue and enforce a warrant of seizure or of arrest against the

surety until payment is effected, or declare the deposit to be

forfeited in favour of the Government of Malta, or, in case of

pledge, order the sale thereof.

(2) The provisions of sub-article (1) shall also apply to the

party charged or accused if such party was bound together with his

surety, whether jointly and severally or otherwise, or if the

recognizance was entered into by the party charged or accused

alone, notwithstanding that such party was arrested, sentenced, or

acquitted in respect of the offence for which he had been bailed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 586 Detention for non-payment of sum of recognizance. — CRIMINAL CODE Open official source

(1) Any person who is arrested for non-payment of the

sum in which he bound himself, shall be detained for a period not

exceeding one day for every eleven euro and sixty-five cents (€11.65)

of that sum, whether such person is the person charged or accused

or the surety

Provided that in no case shall detention for non-payment of

the sum in which a person has bound himself exceed six months if

the amount is not higher than seven thousand euro (€7,000), one

year if the amount is not higher than thirty thousand euro

(€30,000), eighteen months if the amount is not higher than eighty

thousand euro (€80,000) and two years if it is higher than eighty

thousand euro (€80,000).

(2) If the person so detained has no means of his own with

which to maintain himself, he shall be maintained by the

Government, in which case he may be compelled to work like other

prisoners subjected to work, and may be kept in any prison.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 587 Substitution of surety in certain cases. — CRIMINAL CODE Open official source

If the surety dies or leaves Malta, even temporarily, or

becomes bankrupt, the person charged or accused must find a new

and sufficient surety. In default, he shall be arrested.

Title V

O F THE I NDICTMENT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 588 Form of indictment. — CRIMINAL CODE Open official source

In the case of offences within the jurisdiction of the

Criminal Court, the indictment shall be drawn up in writing and

signed by the Attorney General.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 589 Contents of indictment. — CRIMINAL CODE Open official source

The indictment shall be made in the name of the

Republic of Malta and shall -

(a) specify the court before which it is preferred;

(b) contain a clear indication of the person accused;

(c) state the facts constituting the offence with such

particulars as can be given relating to the time and

place in which the facts took place and to the person

against whom the offence was committed, together

with all such circumstances as, according to law and in

the opinion of the Attorney General, may increase or

diminish the punishment for the offence; and

(d) end with a summary in which the accused shall be

charged with the offence as specified or described by

the law, and with the demand that the accused be

proceeded against according to law, and that he be

sentenced to the punishment prescribed by law

(quoting the article of the law creating the offence) or

to any other punishment applicable according to law to

the declaration of guilty of the accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 590 Filing of indictment. — CRIMINAL CODE Open official source

(1) The indictment shall be filed in the registry of the

court, and the registrar shall note down at the foot thereof the day

on which it is filed.

(2) With the indictment the Attorney General shall also file a

list of the witnesses, documents and other exhibits which he intends

to produce at the trial.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 591 Joinder of charges in the same indictment. — CRIMINAL CODE Open official source

Charges against two or more persons as principals or

accomplices in the same offence or as guilty of divers offences

connected with each other, may be joined in the same indictment

and tried at the same trial, even though some one of such offences

is of an inferior jurisdiction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 592 When offences are said to be connected. — CRIMINAL CODE Open official source

Offences are said to be connected -

(a) if they are committed at the same time by several

persons together;

(b) if they are committed at different times, in different

places, and by divers persons, in pursuance of a pre-

concerted plan;

(c) if an offence is committed with the object of procuring

the means for the commission of another offence;

CRIMINAL CODE

(d) if an offence is committed with the object of

facilitating the commission or completion of another

offence, or of ensuring impunity for another offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 593 One indictment against the same person for more offences although not connected. — CRIMINAL CODE Open official source

(1) Several offences committed by the same person,

although not connected with each other, may be joined in the same

indictment and tried at the same trial, even if some one of such

offences is of an inferior jurisdiction; in any such case, the

indictment shall be divided in different counts, in respect of each of

which the provisions contained in article 589 shall be observed.

(2) Nevertheless the court may, upon the demand of the

Attorney General, order that such offences be tried separately.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 594 Other cases where court may order separate trial. — CRIMINAL CODE Open official source

The court may also, upon the demand of the Attorney

General, order a separate trial for each accused, when two or more

are joined in the same indictment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 595 Court may order joinder of indictments. — CRIMINAL CODE Open official source

In the cases referred to in articles 591 and 593, if two or

more indictments have been filed at the same time or at different

times, the court may, upon the demand of the Attorney General,

direct that they be joined with a view to their being taken together.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 596 Attorney General may include excuse in the indictment. — CRIMINAL CODE Open official source

Where, by reason of any excuse, the decrease of

punishment is to be made within a latitude including two or more

d e gr e e s , i t s h a l l b e l a w f u l f o r th e A tt o r n e y G e ne r a l i n t he

indictment to demand any of the lesser punishments within such

latitude, which, according to the evidence before him, he may deem

applicable to the offence; and in any such case, the Attorney

General shall also specify in the indictment the excuse, and no

higher punishment than that demanded in the indictment may be

awarded by the court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 597 Amendment of indictment by court ex officio or upon plea of accused, — CRIMINAL CODE Open official source

(1) It shall be in the power of the court, either ex officio,

or upon the plea of the accused, to make an order for the

amendment of the indictment, provided this is done before the

accused pleads to the general issue of guilty or not guilty: but

nothing shall be added which might render the offence of a graver

character.

(2) Any such order may also be made upon the demand of the

A t t o r n e y G e n e r a l i n t h e c a s e of a n y e r r o r o r d e f e c t i n t h e

indictment, even though, on the ground of such error or defect, the

accused has set up the plea, or the court ex officio has raised the

question, of the nullity of the indictment.

(3) Where an amendment of the indictment has been ordered by

the court either ex officio or upon the demand of the Attorney

General, it shall be lawful for the accused to demand the

adjournment of the trial in order that he may prepare his defence.

(4) The indictment cannot be impugned on the ground of any

defect in the record of inquiry, nor can the accused demand that, on

the ground of any such defect, the trial on the said indictment be

not proceeded with, unless such defect consists in the total absence

of the charges being read or of the examination of the accused or of

the order committing the accused for trial, or in the refusal of the

court of criminal inquiry, without just cause, to hear the evidence

produced by the accused; saving always the right of the accused

and the Attorney General to oppose the production, at the trial, of

any act tendered in evidence which is not according to law.

(5) Nor can an indictment be impugned for want of jurisdiction

of the court which held the inquiry, on the ground that the inquiry

should have been held by the Court of Magistrates (Malta) and not

by the Court of Magistrates (Gozo) or by the Court of Magistrates

(Gozo) and not by the Court of Magistrates (Malta).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 598 Correction of error in name of accused. — CRIMINAL CODE Open official source

(1) It shall be lawful, by leave of the court, to correct any

error in the name of or other particulars relating to the person

accused.

(2) If the accused shall not take exception to any such error

before pleading to the general issue of guilty or not guilty, the trial

shall be proceeded with as if the name and particulars stated in the

indictment were truly those of the accused

Provided that the court shall have power to make, at any

su bseq uent stage, the add itio n of the r eal name or t he true

particulars, should these become known; in which case, the fact

shall be noted down in the proceedings.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 599 Correction of errors in indictment resulting from evidence produced at trial. — CRIMINAL CODE Open official source

(1) Any error which from the evidence produced at the

trial appears to have been made in the indictment as to the

circumstances of time, place and person, when, where, and against

whom the offence was committed, or as to the indication or

description of the things on which the offence was committed, may

be ordered by the court to b e corrected at any stage of the

proceedings up to the time of the verdict of the jury

Provided that, in such case, no account shall be taken of any

aggravation of the offence which might result from such correction

unless such aggravation was expressly stated in the indictment; and

the co urt, i f it i s sat isfied t hat suc h c orrect io n mi gh t hav e

prejudiced the accused in his defence, may, upon his demand,

discharge the jury, and adjourn the cause to another day, for the

purpose of giving him time to prepare his defence on the indictment

as amended, provided the accused makes his demand at any stage

previous to the summing-up referred to in article 465 or, if the

amendment of the indictment is made after the said summing-up,

CRIMINAL CODE

before the verdict of the jury.

(2) Any error in the reference to the article of this Code or of

any other law prescribing the punishment the application of which

is demanded in the indictment, may be corrected at any stage up to

the delivery of the judgment.

(3) Any defect or error referred to in this article may be pointed

out by the Attorney General or by the accused or his advocate or by

the court ex officio.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 600 Withdrawal of indictment, — CRIMINAL CODE Open official source

(1) It shall be lawful for the Attorney General to

withdraw any indictment which he may have filed, provided this is

done before the accused pleads to the general issue of guilty or not

guilty, and in any such case all further proceedings shall be stayed,

and the accused shall be discharged; but when the accused shall

have pleaded to the general issue of guilty or not guilty, the

indictment may not be withdrawn without the consent of the

accused.

(2) In either case, the withdrawal of the indictment shall not

operate so as to bar the taking of entirely new proceedings against

the accused, on the discovery of fresh evidence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 601 Accused may not be found guilty of offence not charged in the indictment. — CRIMINAL CODE Open official source

No person accused may be found guilty of an offence

which is not expressly stated in the indictment, or which is not

comprised or involved in the indictment in terms of article 467.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 602 Default of filing indictment within prescribed time. — CRIMINAL CODE Open official source

Where the indictment is not filed within the prescribed

time, the court may, at the request of the accused, and after hearing

the Attorney General, order the discharge of the accused, and the

provisions of article 434 shall, mutatis mutandis, apply

Provided that this provision shall not apply if at the time the

request is made the indictment shall have been filed.

Title VI

O F J URORS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 603 Qualifications to serve as juror. — CRIMINAL CODE Open official source

(1) Every person of the age of twenty-one years or

upwards, residing in Malta and being a citizen of Malta, shall be

qualified to serve as a juror provided such person has an adequate

knowledge of the Maltese language, is of good character and is

competent to serve as a juror.

(2) Nevertheless no person who has been found guilty by any

competent court in Malta of any crime liable to imprisonment for a

term exceeding one year, or of any of the crimes referred to in Sub-

title II of Title VII of Part II of Book First of this Code shall be

qualified to serve as a juror

Provided that this provision shall not apply to any such

person who has obtained a free pardon or to any person convicted

of involuntary homicide or of any other crime against the person,

excusable on any of the grounds referred to in article 227, and in

article 230(a) and (b).

(3) The provisions of sub-article (2) shall apply to any person

who has been found guilty by a competent court of any other

country of any of the crimes mentioned in the said sub-article or of

any crime which, however described in the law of that country, falls

within the description of any of the said crimes.

(4)

The following persons shall not be competent to serve as

jurors

(a) persons who are interdicted or incapacitated;

(b) undischarged bankrupts;

(c) persons who, owing to any notorious physical or

mental defect, are reputed to be unfit to serve as

jurors;

(d) persons who are under trial for any crime, until the

trial has terminated.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 604 Exemptions. — CRIMINAL CODE Open official source

(1) The following persons are exempt from serving as

jurors

Members of the House of Representatives, Mayors and Executive

Secretaries of Local Councils, judges, honorary consuls,

clergymen, members of the Armed Forces of Malta, persons

holding the office of Head of a Government Department and their

deputies, the magistrates, the Registrar of Courts, officers of the

E x e c u t i v e P o l i c e , p r o f e s s o r s an d f u l l - t i m e t e a c h e r s o f t h e

University, headmasters and teachers of the secondary, primary and

technical schools, District Medical Officers, health inspectors, the

Principal Probation Officer and Probation Officers and any other

persons of such a description as the Minister responsible for justice

may, from time to time, prescribe by Order in the Gazette.

(2) Moreover the court may, on an application to that effect,

exempt from serving as a juror, any apothecary of a village and any

p h y s i c i a n , s u rg e o n o r o b s t e t r i c i a n a c t u a l l y p r a c t i s i n g h i s

profession, and, in general, any person who has completed the

sixtieth year of his age, unless, in some particular case, the court

deems otherwise for the ends of justice.

(3) A person who has the care of a family or of a person who

suffers from any physical or mental infirmity shall also be exempt

from serving as a juror.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 605 Compilation of lists of jurors. — CRIMINAL CODE Open official source

(1) The Commissioner of Police or his representative, the

Senior Magistrate, the Attorney General or his representative, the

President of the Chamber of Advocates and the President of the

Chamber of Legal Procurators shall, twice a year, attend a meeting

called by the Director, Criminal Courts and Tribunals, to draw up to

the best of their knowledge -

(a) a list of persons duly qualified and sufficiently

competent to serve as jurors for the trial of Maltese-

speaking persons;

(b) a list of persons who, being duly qualified to serve as

jurors in all respects other than a competent

knowledge of the Maltese language, are competently

versed in the English language so as to be able to

understand and follow the proceedings conducted in

that language.

(2) The lists shall be called the "List of Jurors for the trial of

Maltese-speaking persons" and the "List of Special Jurors for the

trial of English-speaking persons" respectively. The lists shall be

drawn up in alphabetical order of surnames and shall contain the

name, surname, profession and residence of each juror.

(3) From the entire number of persons shown on the said lists a

further list shall be drawn up containing the names of persons

competent to serve as foremen. The number of foremen shall not

exceed one-sixth of the entire number in each list.

(4) The foremen shall possess the further qualification of

having actually served on a jury in the Criminal Court.

(5) The lists shall be published in the Gazette in the month of

August of each year.

(6) Within fifteen days from the publication of the lists, any

person who, possessing the qualifications required by law to serve

as a juror or special juror, may desire to be registered, or who, not

possessing the qualifications required by law to serve as a juror or

special juror, may desire to be struck off the list, shall make an

application to that effect to the Criminal Court.

(7)

The court shall proceed summarily on the application.

(8) The registrar shall note on the lists any corrections which

the court may order.

(9) Within the first fifteen days in the month of November of

each year, the amended lists of jurors and of special jurors liable to

serve in the following year, shall be published in the Gazette

Provided, however, that it shall be lawful for the officials

referred to in sub-article (1) at any time to add to the said lists the

name of any other qualified juror or special juror, and, in any such

case, any name so added shall be published in the Gazette and the

provisions of sub-articles (6), (7) and (8) shall apply.

(10) Supplementary amended lists of jurors and of special jurors

with such corrections as may be ordered by the court shall be

published in the Gazette.

(11) Upon the publication of the lists referred to in sub-articles

(9) and (10), the names of the persons entered on the lists shall be

written on separate ballots of parchment or paper as nearly as may

be equal in shape and size. The names of the jurors and of the

foremen of jurors shall be put in two separate boxes and the names

of the special jurors and of the special foremen of jurors shall be

put in two other separate boxes.

(12) The boxes shall be kept by the registrar under lock and key

and shall be opened in the presence of the judge or judges in open

court.

(13) It shall be lawful for the judges of the Criminal Court or

for any two of such judges to cause the names of the persons whom

the said judges shall deem to be incompetent to serve as jurors to be

struck off the lists.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 606 Monthly drawing of ballots. — CRIMINAL CODE Open official source

(1) Every month, the registrar shall open the boxes and

draw ten ballots from the box containing the names of the foremen

and forty ballots from the box containing the names of the common

jurors

Provided that the Minister responsible for justice may, by

means of an Order in the Gazette, establish different methods of

selection based on a computerised mechanism.

(2) The ballots drawn shall be kept by the registrar and the

boxes shall be again closed and sealed.

(3) If, before the end of the year, in each of the boxes there

shall not remain a number of ballots corresponding to one-sixth

part of the registered jurors, the registrar shall replace in the boxes

the ballots drawn during the year, bearing the names of the jurors

who did not serve during that year.

(4) In the drawing of the ballots, the names of those who have

died or are under any of the disqualifications or disabilities referred

to in article 603(2), (3) and (4) or are exempt under article 604,

shall not be taken into account and shall be considered as if they

had not been drawn. The ballots referring to such persons shall be

taken away from the boxes.

(5) The registrar shall cause the list of names so drawn to be

published in the Gazette.

(6) Whenever two or more judges are appointed to sit

separately in the court, or whenever the registrar is for any other

reason so authorised by the court, the registrar may draw and

publish two or more separate lists of names of persons who are to

serve as jurors, each list being drawn and published in accordance

with the foregoing provisions of this article, and all the provisions

of the law shall apply to each and every one of such lists separately.

(7) Whenever in the opinion of the court the number of

foremen or of common jurors, or of both, to be drawn in any month

or for the purpose of any particular trial (including a trial that has

been adjourned for any of the reasons referred to in article 613)

should be greater than the number prescribed in sub-article (1) or in

article 618, the court may order such number of ballots to be drawn

CRIMINAL CODE

from the boxes containing the names of the foremen or of the

common jurors, or of both, as it may deem appropriate.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 607 Application for exemption from serving as juror. — CRIMINAL CODE Open official source

(1) Any person who is not qualified or liable to serve as a

juror, or who may have special reasons for asking to be exempted

from serving as a juror, may bring the matter before the court, by

means of an application to be filed within four days after the

service of the writ mentioned in the next following article.

(2) The court shall examine the application and, if it deems the

reason alleged to be good, shall order the registrar to cancel the

name of such person, and to substitute therefor the name of another

person.

(3) Any other person who, on account of absence or for any

other reason, cannot be summoned shall be substituted by another.

(4) A list containing the names of the substituted persons shall

be posted up at the door of the hall in which the court sits at least

twenty-four hours before the trial for which such persons shall have

been summoned, either as foremen or as common jurors.

(5) Any application by any such substituted person who is not

qualified or liable to serve as juror or has a good reason to be

exempted from serving as a juror shall be determined by the court

on the day of the hearing of the cause before the reading out of the

indictment.

(6) In the case of a person referred to in article 604, a request

not to serve as a juror may be made by means of a letter addressed

to the registrar, and such letter shall be deemed to be an application

for all purposes of this article.

(7) Before exempting a person from serving as a juror as

provided in sub-articles (2) and (5) and in article 611(5), the court

may require to hear on oath the person requesting such exemption.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 608 Summoning of jurors. — CRIMINAL CODE Open official source

(1) Every person whose name is drawn in the manner

provided in article 606, shall be summoned by means of a writ, to

be delivered to the person himself, or, if he cannot conveniently be

met with, left at his usual place of abode at least four days before

the day of the trial.

(2) Any person substituted in accordance with the provisions of

the last preceding article shall be summoned in the same manner as

provided in sub-article (1) at least two days before the day of the

trial.

(3) The provisions contained in article 441(3) shall apply to the

summoning of jurors.

(4) Regulations made under article 362(2) for service by post

shall also apply to the service of the writ referred to in sub-article

(1) of this article and the provisions of sub-articles (3) and (4) of

the said article 362 shall mutatis mutandis apply to the service of a

writ under this article. A person served with the said writ as

provided in the said regulations or as provided in this sub-article

shall be deemed to have been summoned in the manner provided in

this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 609 Non-appearance of jurors. — CRIMINAL CODE Open official source

Any person summoned in the manner provided in the last

preceding article who, without good cause to the satisfaction of the

court, fails to appear at the time stated in the writ, or who, having

appeared, withdraws before he is dismissed by the court, shall be

forthwith sentenced by the court to a fine (multa), and shall be

liable to be compelled to appear to serve as juror by means of a

warrant of escort or of arrest

Provided that the court may, on an application to that effect,

remit the fine, if it is satisfied that there was good cause for the

non-appearance or withdrawal.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 610 Constitution of jury. — CRIMINAL CODE Open official source

(1) The jury shall be composed of a foreman and eight

common jurors.

(2) Nevertheless, if the cause should appear to be of such

nature as to require a long hearing, the court may, before the ballot

of the jurors, order the drawing of not more than six other names,

and the jurors whose names shall be drawn after the names of the

first eight common jurors have been drawn, shall be supplementary

jurors, and shall attend at the trial of the cause.

(3) All the provisions of the law relating to the jury and to the

jurors forming the jury, shall apply to such supplementary jurors,

but such supplementary jurors shall not be present at nor take part

in any deliberation, save in the case of death or any impediment of

any of the other jurors.

(4) The court shall decide as to the lawfulness of the

impediment, and any substitution shall be made in the same order

in which the names of the supplementary jurors shall have been

drawn.

(5) In the case of death or impediment of the foreman, his

duties shall be discharged by one of the other jurors to be appointed

by the court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 611 Formation of jury. — CRIMINAL CODE Open official source

(1) The jury shall be formed in the following manner

The names of the persons summoned to serve as jurors shall be

written on separate ballots of parchment or paper as nearly as may

be equal in shape and size. The registrar shall read aloud in court

first the ballots bearing the names of the foremen and shall put

them into a box, then those bearing the names of the common

jurors, which he shall put into another box. Afterwards, having

shaken the box containing the ballots with the names of the

foremen, he shall draw one ballot and shall read aloud the name

written thereon. The person whose name is so drawn, shall come

forward, and the registrar shall ask first the Attorney General and

then the party accused whether they intend to challenge such

person.

(2) Challenges may be either peremptory or for cause.

Challenges are peremptory when made without reason assigned,

and their effect shall be that the person challenged shall be

excluded from serving as a juror at the trial. Challenges are for

cause when made by assigning a reason, and their effect shall be

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that, if such reason is approved by the court, the challenge shall be

allowed and the person shall be excluded; but if the reason assigned

is not so approved, the challenge shall be disallowed and the person

admitted

Provided that for the purpose of challenging a juror for

cause the Attorney General or the accused may request that the

juror be called to reply on oath to questions to be put to the juror to

establish the reason for the challenge.

(3) The number of peremptory challenges allowed to the

Attorney General and to each of the accused is three; but, where the

accused in one cause are more than three, each of them has a right

to two peremptory challenges only.

(4) A challenge made by one accused shall have effect also in

respect of the other accused that are to be either contemporaneously

or successively tried by the same jury, notwithstanding that such

other accused may not wish to make such challenge.

(5) Any person may, on good cause being shown, either before

or after his name is drawn, be exempted by the court from serving

as a juror.

(6) If any person whose name is drawn does not appear or,

having appeared, is challenged or exempted from serving, other

names shall be drawn in the same order, until a foreman is

approved.

(7) The drawing of the ballots from the box containing the

names of the common jurors shall then take place in the same

manner provided for the drawing of the foreman until eight

common jurors and, if the court shall have so ordered, the number

of supplementary jurors ordered by the court are approved.

(8) The nine jurors whose names shall have been thus drawn

and approved shall constitute the jury.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 612 Form of oath of jurors. — CRIMINAL CODE Open official source

In the swearing in of the jury the following form shall be

observed

The registrar, addressing himself to the jury, shall say

You do swear and promise before God and man that you will

examine with the most scrupulous attention the charges which shall

be brought against A. B.; that you will not betray either the

interests of the accused or those of the Republic of Malta in whose

name he stands accused; that you will not hold communication,

without leave of the Court, with any person until your verdict shall

be given; that you will not give way either to hatred or malice, or to

fear or affection; that you will decide, upon the charges and the

defence, according to your conscience and intimate conviction,

with the impartiality and firmness that become honest and free

men. So help you God.

Whereupon each of the jurors shall take the oath.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 613 Where panel of foremen of jurors or panel of common jurors is exhausted. — CRIMINAL CODE Open official source

(1) Where, owing to default of attendance, or by reason

of challenges or exemptions, the whole panel of foremen of jurors

is exhausted, it shall be lawful for the court either to adjourn the

trial or to order that a ballot be drawn from the box containing the

names of common jurors, in addition to the number prescribed in

article 610(1) and (2), and to depute one of the jurors whose names

are drawn to perform the duties of foreman of the jury.

(2) Where, for any of the reasons stated in sub-article (1), the

panel of common jurors is exhausted, it shall be lawful for the court

either to adjourn the trial or to appoint to act as juror any other

person who may be present in the hall and whom the court

considers qualified to act as juror; and such person may only be

challenged for cause. The duties of foreman of the jury may also, if

necessary, be delegated to any person so appointed.

(3) Nevertheless in any of the cases referred to in sub-articles

(1) and (2), it shall be lawful for the court, for the purpose of

completing the jury and with a view to avoiding the adjournment of

the trial, to permit the parties to withdraw one or more of the

peremptory challenges made by them.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 614 Objection to juror for want of qualifications. — CRIMINAL CODE Open official source

The absence in any person of the necessary qualifications

to serve as a juror, must be raised by the Attorney General or by the

accused. It may also be submitted by the person himself or, if it is

notorious, declared by the court. If, however, the absence of such

qualifications is not so raised, submitted or declared, and the

person is approved as fit to be sworn, no opposition can afterwards

be made on account of his want of qualifications.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 615 Benefit of exemption may not be claimed if not alleged before approval of juror. — CRIMINAL CODE Open official source

Any person exempt by law from serving as a juror who,

being summoned, fails to declare that he desires to avail himself of

such exemption before he is approved as a fit person to be sworn,

may not, after such approval, claim the benefit of such exemption.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 616 Maintenance of jury. — CRIMINAL CODE Open official source

(1) The expense for the maintenance of the jurors while

performing their duties and during the time in which they are

permi tted to have food and drink, sh al l be defrayed by t he

Government.

(2) Jurors are entitled to all travelling expenses, in the same

cases and in the same manner as witnesses.

(3) The Minister responsible for justice may by regulations

provide for the payment of fees to jurors for their service.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 617 Exemption of juror from arrest for debt. — CRIMINAL CODE Open official source

(1) It shall not be lawful to arrest for debt any person

summoned to serve as a juror, while he is proceeding directly to

court from his own abode, or returning directly from court to his

own abode.

(2) Whosoever shall, in any manner whatsoever, knowingly

communicate or attempt to communicate with any person whose

name has been drawn to serve as a juror and published as provided

in article 606(5) and in article 607(4), with intent to influence such

person, whether in favour of or against the accused, shall be guilty

of an offence and shall, on conviction, be liable to imprisonment

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for a term from three to nine months

Provided that when such crime is committed by a public

o ff i c e r w h o s e d u t y i s t o p r e v e n t s u c h c o m m u n i c a t i o n , t h e

applicable punishment shall be increased by one degree.

(3) The foregoing provisions of this article shall, mutatis

mutandis, apply in relation to the members of the empanelled jury

as they apply in relation to the persons summoned to serve as jurors

or whose name has been published as mentioned in sub-article (2).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 618 Drawing of special jurors. — CRIMINAL CODE Open official source

Where, in accordance with the provisions of article 516,

the proceedings in any cause are to be conducted in the English

l a ng u a g e , t he r e g i s t r a r s ha l l w i t h ou t d e l a y o p e n t he bo x e s

containing the names of the special jurors and draw ten ballots from

the box containing the names of the foremen and forty ballots from

the box containing the names of common jurors, to serve at the trial

of such case.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 619 Applicability to special jury of provisions relating to jury. — CRIMINAL CODE Open official source

All the provisions of the law relating to the jury shall be

applicable to the special jury.

Title VII

A LLEGATION OF I NSANITY AND OTHER C OLLATERAL

I SSUES BEFORE THE C RIMINAL C OURT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 620 Allegation of insanity or other points of fact. — CRIMINAL CODE Open official source

(1) Any allegation of insanity, or of any point of fact, by

reason of which, if true, the person accused would not, at the time

or at any future time, be called upon to plead to the indictment, or

be put on trial, or made to undergo punishment, shall first be

determined by a jury.

(2) Where any person after having obtained a conditional

commutation of his sentence is, by the Executive Police, on

account of the violation of the condition for the commutation of

such sentence, again taken to prison or placed in the same state in

which he was prior to such commutation, in order to undergo or

continue to undergo his sentence, any allegation of fact made by

such person by reason of which, if true, the said condition as

literally expressed in the act of pardon would not be deemed to be

broken, shall also be determined by a jury.

(3) Any allegation referred to in this article shall be brought

before the Criminal Court by an application.

(4) On any such application, the court shall make an order,

appointing a day for hearing the applicant and the Attorney

General, causing them to be served with a copy of such order.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 621 Contestation by Attorney General to be made in writing. — CRIMINAL CODE Open official source

Where the Attorney General intends to contest any

allegation made under the last preceding article, he shall do so in

writing.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 622 Power of court to refer determination of allegation to the trial jury. — CRIMINAL CODE Open official source

The court may refer the determination of any such

allegation to the jury already impanelled for the trial of the offence.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 623 Place of custody of insane person. — CRIMINAL CODE Open official source

(1) Where, upon the allegation referred to in sub-article

(1) of article 620, the accused is found to be insane, the court shall

order the accused to be kept in custody in Mount Carmel Hospital

there to remain in custody and detained according to the provisions

of the Mental Health Act, or any other provision of law or

enactment applicable to the case, and those provisions shall apply

to the accused accordingly.

(2) The expense for the maintenance and care of such insane

person shall be defrayed by the Government, saving the right of the

Government to recover such expense from the property belonging

to such person, or, in default, from any person liable for the

maintenance of such insane person.

(3) The said expense shall be charged at the rates laid down in

the regulations for Mount Carmel Hospital, for the time being in

force.

(4) The provisions of sub-articles (2) and (3) shall likewise

apply in the case of accused persons remitted to Mount Carmel

Hospital on an order of the Court of Magistrates, under the

provisions of articles 402 and 525.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 624 Powers of court with regard to conditions of pardon. — CRIMINAL CODE Open official source

If any fact is found by the jury whereby the condition

attached to a pardon should not be deemed to have been broken, the

court shall give the necessary directions in order to prevent the

violation of the said condition after such finding; and it shall be

lawful for the court for such purpose to order that the individual

who had been granted the pardon be kept in custody in any of the

public prisons where he can conveniently be detained.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 625 Non- contestation of allegation by Attorney General. — CRIMINAL CODE Open official source

Where the Attorney General does not contest any

allegation under this Title, the court shall proceed as if the truth of

the allegation had been proved.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 626 Resumption of trial on cessation of impediment. — CRIMINAL CODE Open official source

In all cases where, upon any allegation under this Title

being proved, the trial cannot take place or is interrupted or the

execution of the sentence is stayed, the trial shall be resumed or the

sentence carried into effect, as soon as the impediment shall cease.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 627 Jury to be impanelled according to general rules. — CRIMINAL CODE Open official source

In all cases where it shall be necessary to impanel a new

jury for the determination of any allegation referred to in the

preceding articles of this Title, such jury shall be impanelled and

shall proceed according to the rules established in this Code

relating to juries.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628 — CRIMINAL CODE Open official source

In all cases referred to in the preceding articles of this

Title, any allegation shall be determined by the jury by a majority

of votes.

Title VIII

OF MUTUAL ASSISTANCE IN CRIMINAL MATTERS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628A Regulations. — CRIMINAL CODE Open official source

(1) The Minister responsible for justice may make

regulations to give effect to any arrangement, including any treaty,

convention, agreement or understanding, to which Malta is a party

or is otherwise applicable to Malta and which makes provision for

mutual assistance in criminal matters.

(2) Regulations made under this article may make provision as

the Minister may deem appropriate in the circumstances, including

the application, with any appropriate modifications, of any of the

provisions of this Code or of any other law.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628B Conditions and procedures for the execution of request for assistance. — CRIMINAL CODE Open official source

(1) Without prejudice to the generality of the power

conferred on the Minister by article 628A the Minister may, in

particular, make regulations designating the competent person,

body corporate or unincorporated, authority or agency for the

purpose of providing the assistance that may be requested under

any arrangement referred to in article 628A(1) and prescribing the

conditions and procedures for the execution of any request for such

assistance for all or any of the following purposes –

(a) the questioning of persons being investigated or

prosecuted for a criminal offence;

(b) the taking or production of evidence;

(c) the service of any document or act;

(d) the interception of communications;

(e) the temporary transfer of a prisoner for the purposes of

identification or for obtaining testimony or other

assistance;

(f)

the entry into and search of any premises and the

seizure of any item;

(g) the taking of fingerprints or of intimate or non-

intimate samples;

(h) the exhumation of any body;

(i)

the provision of records and documents;

(j)

the investigation of proceeds of criminal offences;

(k) the monitoring, freezing or seizing of assets of any

kind including bank accounts;

(l)

the verification of any evidence or other material.

(2) Any regulations made under this article and article 628A

shall contain a reference to the arrangement which those

regulations are meant to implement.

Title IX

OF COOPERATION BETWEEN THE NATIONAL AUTHORITIES

AND THE OFFICE OF THE EUROPEAN PUBLIC PROSECUTOR

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628C Scope and applicability. — CRIMINAL CODE Open official source

(1) The measures in this Title implement the provisions

of C o u n c i l R e g u l a t i on ( E U ) 2 0 1 7/ 1 9 3 9 of 12 October 2017

implementing enhanced cooperation on the establishment of the

European Public Prosecutor’s Office ("the EPPO").

(2)

This Title establishes rules concerning the cooperation

between the national authorities and the European Public Prosecutor’s

Office in the performance of the functions of the European Public

Prosecutor’s Office on the territory of Malta in relation to the crimes

within the jurisdiction of the European Public Prosecutor’s Office.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628D Exercise of prosecutorial functions by European Delegated Prosecutors. — CRIMINAL CODE Open official source

(1) The European Delegated Prosecutors shall, whenever

exercising the powers to investigate offences in accordance with

Council Regulation (EU) 2017/1939, instruct the Police or any other

law enforcement agency to conduct an investigation relative to

offences falling within the competence of the European Public

Prosecutor’s Office.

(2)

The European Delegated Prosecutors shall, when

prosecuting offences, have the same powers as the Attorney General

and the Executive Police.

(3)

The European Delegated Prosecutors shall prosecute in the

name of the Republic of Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628E Investigation measures of the European Delegated Prosecutors. — CRIMINAL CODE Open official source

The European Delegated Prosecutors may order the

following investigative measures

(a)

request the assistance of the Police to search any

premises, land, means of transport, private home, clothes and

any other personal property or computer system and to take

measures necessary to preserve the integrity or to avoid the loss

or contamination of evidence;

(b)

request the assistance of the Police to obtain the

production of any relevant object or document either in its

original form or in some other specified form;

CRIMINAL CODE

(c)

request the assistance of the Police to obtain the

production of stored computer data, encrypted or decrypted,

either in their original form or in some other specified form,

including banking account data and traffic data in compliance

with the Data Protection Act;

(d)

request the courts to issue monitoring orders,

investigation orders, attachment orders and freezing orders

where there is reason to believe that the owner, possessor or

controller of the proceeds will seek to frustrate the judgment

ordering confiscation;

(e)

request the competent authority to intercept

electronic communications to and from the suspect or accused

person, over any electronic communication means that the

suspect or accused person is using relative to the offences

established in articles 190C, 190E and 190G; and

(f)

request the Police to track and trace an object by

technical means including the conduct of a controlled delivery

relative to offences established in articles 190C, 190E and

190G.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628F Pre-trial arrest or detention of suspect. — CRIMINAL CODE Open official source

The European Delegated Prosecutor may request the Police

to arrest or retain in pre-trial detention the suspect or accused person.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628G Powers of the European Prosecutor. — CRIMINAL CODE Open official source

The powers referred to in articles 628D, 628E and 628F

may be exercised by the European Prosecutor in exceptional cases as

referred to in Article 28(4) of Council Regulation (EU) 2017/1939.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628H Competent national authority. — CRIMINAL CODE Open official source

The Police shall act as competent national authority to

(a)

receive the information in accordance with

Article 24(8) of Council Regulation (EU) 2017/1939;

(b)

be consulted in accordance with Article 25(2) and

(3) of Council Regulation (EU) 2017/1939; and

(c)

give consent in accordance with Article 25(4) of

Council Regulation (EU) 2017/1939.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628I Magistrate to inform European Delegated Prosecutors of relevant inquests. — CRIMINAL CODE Open official source

(1)

In every case where an inquest is to be held in

accordance with the provisions of Title II of Part II of Book Second on

a matter which the European Public Prosecutor’s Office is competent

to investigate in accordance with Council Regulation (EU) 2017/1939

of 12 October 2017 implementing enhanced cooperation on the

establishment of the European Public Prosecutor’s Office ("the

EPPO"), the Magistrate conducting the inquest shall, unless the

inquest is not going to be held following a report, information or

complaint by the European Delegated Prosecutors, transmit the report,

information or complaint on the basis of which the inquest is going to

be held to the European Delegated Prosecutors within three (3)

working days from the decision to hold the inquest.

(2)

In the case of inquests commenced before the coming into

force of this article to which sub-article (1) would have applied had it

been in force at the time when the decision to hold the inquest was

taken, the Magistrate conducting the said inquest shall inform the

European Delegated Prosecutors of the inquest as provided in sub-

article (1) as soon as practicable but by not later than sixty (60) days

after the coming into force of this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 628J Disagreement upon which authority is to investigate. — CRIMINAL CODE Open official source

For the purposes of Article 25(6) of Council Regulation

(EU) 2017/1939 of 12 October 2017 implementing enhanced

cooperation on the establishment of the European Public

Prosecutor ’s Office ("the EPPO"), the Criminal Court shall be

competent to decide upon any disagreement between the European

Public Prosecutor’s Office and the Commissioner of Police on any

question as to whether the criminal conduct falls within the scope

of Article 22(2) or (3) or of Article 25(2) or (3) of the said Council

R e g ul a t io n ( E U) 20 17 /1 9 39 , an d o n an y qu e s t io n a s to th e

determination of the authority by which the case is to be

investigated.

PART III

O F M ATTERS APPLICABLE TO ALL C RIMINAL T RIALS

Title I

O F W ITNESSES AND E XPERTS

Sub-title I

OF W ITNESSES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 629 Competency of witnesses. — CRIMINAL CODE Open official source

(1) Every person of sound mind is admissible as witness,

unless there are objections to his competency.

(2) The court shall explain to the witness the obligation of the

oath if, on account of his age or for other reasons, it appears

doubtful whether he understands such obligation; and if,

notwithstanding such explanation, the court shall deem it necessary

that the witness, before giving evidence, be further instructed as to

the consequences of false testimony, the court may, if it considers

the deposition of such witness to be important for the ends of

justice, adjourn the trial to another day, and, should the case be

before the Criminal Court, discharge the jury.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 630 No particular age required for competency of witness. — CRIMINAL CODE Open official source

No person shall be excluded from giving testimony for

want of any particular age; it shall be sufficient that the court be

satisfied that the witness, though not of age, understands that it is

wrong to give false testimony.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 631 Swearing in of witness. — CRIMINAL CODE Open official source

(1) A witness professing the Roman Catholic faith shall

be sworn according to the custom of those who belong to that faith;

and a witness not professing that faith shall be sworn in the manner

which he considers most binding on his conscience.

(2) The provisions of this article shall apply in all cases in

which an oath is administered.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 632 Form of oath. — CRIMINAL CODE Open official source

The form of oath to be administered to witnesses shall be

the following

You A. B. do swear (or do solemnly affirm) that the evidence

which you shall give, shall be the truth, the whole truth, and

nothing but the truth. So help you God.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 633 Interest of witness. — CRIMINAL CODE Open official source

(1) No objection to the competency of any witness shall

be admitted on the ground that he was the party who laid the

information or made the complaint, or that he was the party who

made the report or the application in consequence of which

proceedings were instituted, or that he is, by consanguinity or

affinity, or by reason of any contract, employment or otherwise, in

any manner related to or connected with the party above referred

to, or with the person charged or accused; but in every such case,

the witness shall be heard, and those who have to judge of the facts,

being fully persuaded and convinced of the veracity of the

testimony, shall act upon such testimony in the same full and ample

manner, as if such facts had been proved by an extraneous person

not related or connected as aforesaid.

(2) Nevertheless, it shall lie in the discretion of the court,

regard being had to the degree of consanguinity, the reluctance to

give evidence against the husband or wife, his civil union partner or

against his cohabitant, against an ascendant or a descendant, or

against a brother, sister, uncle, or nephew, and to other particular

circumstances of the case, not to compel a witness to give evidence

if he be unwilling to depose against a person related to him in any

of the said degrees.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 634 Party accused may give evidence. — CRIMINAL CODE Open official source

(1) The party charged or accused shall, at his own

request, be admitted to give evidence on oath immediately after the

close of the prosecution, saving the case where the necessity of his

evidence shall arise also at a subsequent stage, or the court sees fit

to vary the order of the evidence; and such party may be cross-

examined by the prosecution, notwithstanding that such cross-

examination would tend to incriminate him as to the offence

charged

Provided that the failure of the party charged or accused to

give evidence shall not be made the subject of adverse comment by

the prosecution.

(2) The provisions of the law relating to witnesses shall apply

to the accused who gives evidence on oath.

(3) The provisions of sub-article (1) shall not apply to cases on

appeal.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 635 When husband or wife of accused may give evidence. — CRIMINAL CODE Open official source

(1) Notwithstanding the provisions of article 633, spouse,

civil union partner or cohabitant of the party charged or accused

cannot be admitted to give evidence either in favour of or against

such party, except -

(a) in the case of offences committed against the witness,

or against his or her ascendants or descendants;

(b) in the case of offences against the provisions of the

White Slave Traffic (Suppression) Ordinance, where

the spouse the civil union partner or the cohabitant of the

party charged or accused is a person on whom or in

respect of whom the offence is committed or is a

person on the earnings of whose prostitution the party

charged or accused has lived;

(c) at the request of the party charged or accused for the

evidence of his spouse, civil union partner or cohabitant,

if such party is himself or herself admitted to give

evidence on oath according to the provisions of the last

preceding article.

(2) The provisions of this article shall also apply where spouse,

civil union partner or cohabitant of the party charged or accused is a

witness for or against any other person who is tried jointly with

such party.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 636 No objection to competency of witness on ground of previous conviction, etc. — CRIMINAL CODE Open official source

No objection to the competence of any witness shall be

admitted on the ground -

(a) that from his own confession or otherwise it appears

that he has been guilty of an offence or that he has

been in any manner convicted, sentenced, censured or

punished by any court or other authority; or

(b) that he was charged with the same offence in respect of

which his deposition is required, when impunity was

promised or granted to him by the Government for the

purpose of such deposition; or

(c) that he is interested either in the issue in regard to

which his deposition is required or in the event of the

suit; or

(d) that, in the case of a witness who has been admitted to

benefit under a witness protection programme set up in

terms of Title IV of Part III of the Police Act, the

witness was either charged with the same offence in

respect of which his deposition is required or that he is

liable to be prosecuted in the future in respect of the

said offence or of a related offence.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 637 Objections affecting the credibility of witness. — CRIMINAL CODE Open official source

Any objection from any of the causes referred to in articles

630, 633 and 636, shall affect only the credibility of the witness, as

to which the decision shall lie in the discretion of those who have to

judge of the facts, regard being had to the demeanour, conduct, and

character of the witness, to the probability, consistency, and other

features of his statement, to the corroboration which may be

forthcoming from other testimony, and to all the circumstances of

the case

Provided that particular care must be taken to ensure that

evidence relating to the sexual history and conduct of the victim shall

not be permitted unless it is relevant and necessary.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 638 Production of fullest evidence available. — CRIMINAL CODE Open official source

(1) In general, care must be taken to produce the fullest

and most satisfactory proof available, and not to omit the

production of any important witness.

(2) Nevertheless, in all cases, the testimony of one witness if

believed by those who have to judge of the fact shall be sufficient

to constitute proof thereof, in as full and ample a manner as if the

fact had been proved by two or more witnesses.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 639 When a single witness is not sufficient. — CRIMINAL CODE Open official source

(1) Notwithstanding the provisions of the last preceding

article, a person may not be convicted of calumnious accusation,

perjury or false swearing, solely upon the evidence of one witness

contradicting the fact previously stated on oath by the person

charged or accused; but such person charged or accused may be

convicted on the evidence of a single witness, when such evidence

is corroborated in some circumstance which is material to establish

the alleged crime by any other proof duly adduced.

(2) Nor may a person be convicted of a crime against the safety

of the Government, other than a crime under article 55, solely upon

the evidence of one witness; but in such case it shall be sufficient if

one witness proves one fact and another witness proves another

fact, both such facts being material to establish the crime.

(3) Where the only witness against the accused for any offence

in any trial by jury is an accomplice, the Court shall give a

direction to the jury to approach the evidence of the witness with

caution before relying on it in order to convict the accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 640 Examination of deaf and dumb, deaf or dumb witness. — CRIMINAL CODE Open official source

In the examination of a witness who is deaf and dumb, or

deaf only, or dumb only, the rules established in article 451 as to

the manner of communicating with an accused person who is deaf

and dumb, or dumb only, or deaf only, shall be observed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 641 Person present in court not to be produced as witness. — CRIMINAL CODE Open official source

In general, no person who has been present in court during

the hearing of a cause may be produced as a witness in such cause

Provided the court may in its discretion dispense with this

rule in particular cases, if it sees sufficient reason for so doing.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 642 Professional secret. — CRIMINAL CODE Open official source

(1) Advocates and legal procurators may not be

compelled to depose with regard to circumstances knowledge

whereof is derived from the professional confidence which the

parties themselves shall have placed in their assistance or advice.

(2) The same rule shall apply in regard to those persons who

are by law bound to secrecy respecting circumstances on which

evidence is required.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 643 Incriminating questions. — CRIMINAL CODE Open official source

No witness may be compelled to answer any question which

tends to expose him to any criminal prosecution.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 644 Degrading questions. — CRIMINAL CODE Open official source

It is left to the discretion of the court to determine, in each

particular case, whether a witness is bound or not to answer some

particular question, on the ground that the answer to such question

might tend to expose his own degradation.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 645 Applicability of certain provisions of Code of Organization and Civil Procedure. — CRIMINAL CODE Open official source

The provisions of articles 570, 574, 578, 579, 580, 583,

584, 585, 586, 590, 592, 598, 599, article 602(1) and article 605 of

the Code of Organization and Civil Procedure shall also apply to

the courts of criminal justice and the said articles 570, 574, 583,

590, and 592 shall moreover apply to any proceedings under Title

II of Part II of Book Second of this Code.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 646 Examination of witnesses to take place in court and viva voce. — CRIMINAL CODE Open official source

(1) Subject to the ensuing provisions of this article,

witnesses shall always be examined in court and viva voce.

(2) The deposition of witnesses, whether against or in favour of

the person charged or accused, if taken on oath in the course of the

inquiry according to law, shall be admissible as evidence

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)

Provided further that where the witness is a minor under

eighteen (18) years of age and an audio and video-recording of the

testimony of the minor is produced in evidence the minor shall not

be produced to be examined viva voce.

(3) Any declaration shall be admissible as evidence whenever

the same is made by any person who is about to die and who is

conscious of the nearness of death, except where the declarant dies

under a sentence of the law.

(3A)

An audio-visually recorded interview or statement of a

CRIMINAL CODE

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.

(4) Any procès-verbal may be produced as evidence in terms of

article 550.

(5) The deposition of any parish priest or of any other

clergyman acting in his stead, or of any other witness examined in

the course of the inquiry, as to the authenticity of parochial acts or

registers made or kept by such parish priest or clergyman, and

relating to births, marriages, or deaths, or as to the authenticity of

copies of such acts or registers, or of extracts therefrom, or as to the

fact that the accused is the person mentioned in such acts, registers,

copies or extracts, may also be produced as evidence.

(6) The deposition of any notary in Malta or of any other

witness examined in the course of the inquiry, as to the authenticity

of the acts or registers made or kept by such notary, or as to the

a u t h e n t i c i t y o f c op i e s o f s u c h ac t s o r r e g i s t e r s o r e x t r a c t s

therefrom, or as to the fact that the accused is the person mentioned

in such acts, registers, copies or extracts, is also admissible as

evidence.

(7) Notwithstanding the provisions of this Code or of any other

law, a certificate purporting to be issued by a registered medical

practitioner or registered dental surgeon concerning his

examination of any person, whether alive or dead, or concerning

any bodily harm suffered by, or any physical or mental infirmity

afflicting, any person, shall be admissible as evidence and shall,

until the contrary is proved, be evidence of its contents, provided

the certificate bears the clearly legible stamp of the medical

practitioner or registered dental surgeon issuing it showing his

name, professional qualifications, expertise and address and

provided that such certificate is confirmed by the affidavit of the

medical practitioner or the dental surgeon, as the case may be

provided further that it shall be lawful for either of the parties to

produce the said medical practitioner or the said dental surgeon, as

the case may be, for the purpose of examining him in court and viva

voce, as well as for the court ex officio to require such examination.

(8) The deposition of any registered medical practitioner or

registered dental surgeon annexed to a procès-verbal, or of any

such medical practitioner or dental surgeon examined in the course

of the inquiry, in relation to his examination of any person, whether

alive or dead, or in relation to any bodily harm suffered by, or any

physical or mental infirmity afflicting, any person, shall be

admissible as evidence without the need of producing the said

medical practitioner or dental surgeon in court as provided in the

proviso to sub-article (2): provided that, unless the witness is dead,

absent from Malta or cannot be found, it shall be lawful for either

of the parties to demand, or for the court ex officio to require, that

such witness be again examined in court and viva voce.

(9) The validity of the said acts and their admissibility may not

be impugned on the ground that it does not appear from the acts

themselves that they have been made or received on oath or with

any other formality prescribed by law, if the taking of any such oath

or the observance of any such formality be proved in some other

manner.

(10) It shall be lawful for the Attorney General, as well as for

the accused, to demand that a ruling be given by the court, before

the hearing of the case commences, as to whether the deposition of

any witness is to be admitted, in terms of the provisions of sub-

article (2).

(11) Where it is alleged that a witness is dead, absent or cannot

be found, it shall be lawful for the court to consider the allegation

proved by the sworn report of the marshal or other executive officer

to the effect that he has ascertained that such witness is dead or

absent, or that he has made the necessary inquiries and has been

unable to find him.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 647 Examination of infirm or aged witness in his place of abode. — CRIMINAL CODE Open official source

(1) If it shall be necessary to examine any person who

either through infirmity or old age is unable to appear in court, such

person shall be examined by the court, or, if the court so orders, by

a member of the court, in the place of his or her abode

Provided that the court may delegate the taking of the

evidence of any such witness to one of the magistrates for the

Island in which the witness resides, or to a judicial assistant.

(2) When the evidence required is that of a person who does

not reside in the Island in which the proceedings are taking place

and it is represented to the court that such person is about to leave

Malta, the court may delegate the taking of the evidence to one of

the persons to whom the taking of evidence may be delegated under

sub-article (1); and in the case of a witness who is to be examined

in Gozo or Comino, the court may also, if the circumstances so

warrant and the Attorney General does not object, authorise the

registrar to take such evidence and administer the necessary oath.

(3) The party charged or accused is entitled to be present at the

examination.

(4) The evidence taken in accordance with the provisions of

this article shall be read out in court, and a note to that effect shall

be entered in the record.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 647A Audio-recording or video- recording of evidence. — CRIMINAL CODE Open official source

(1) Without prejudice to the provisions of articles 646

and 647, the court may, if it deems it proper so to act, allow for the

audio-recording or for the video-recording of any evidence

required from a witness as aforesaid or a witness residing outside

Malta, in accordance with such codes of practice as the Minister

responsible for justice may, by regulations, prescribe.

(2) The Court may also allow for the testimony of any witness

even if present in Malta to be given by video conference or by

CRIMINAL CODE

teleconference from such place as the Court may order and subject

to such conditions and directions as the Court may deem necessary

Provided that the Minister responsible for justice may, by

regulations, provide for any procedures, formalities, modalities or

restrictions which are to apply to the taking of evidence in Malta in

respect of proceedings in Malta by video conference or by

teleconference and where the Minister makes such regulations the

said regulations shall apply and any conditions or directions given

by the Court under this sub-article shall not conflict with such

regulations.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 647B Sending of documents or any act to person in a foreign country. — CRIMINAL CODE Open official source

Pursuant to and in accordance with any treaty, convention,

agreement or understanding between Malta and another country or

which applies to both such countries or to which both such

countries are a party, procedural documents or any act of the

proceeding may be sent directly by post to a person who is in the

territory of the foreign country in a language which that person

understands

Provided that procedural documents shall be accompanied

by a report indicating to the said person the remedies available and

that information about his rights and obligations concerning the

document may be obtained from the issuing authority or from

another competent authority in Malta.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 647C Cross-border cooperation, particularly in combating terrorism and cross-border crime. — CRIMINAL CODE Open official source

(1) Where the Attorney General receives a request made

by a judicial, prosecuting or administrative authority of any place

outside Malta or by an international court for -

(a) the taking of and supply of dactyloscopic data; or

(b) the taking and examination of a non-intimate sample;

or

(c) the DNA profile of a person suspected in that place of

a relevant offence or of a person accused, in

proceedings before the courts of that place or

international tribunal, of a relevant offence,

the Attorney General shall communicate the request to a

Magistrate, who shall, upon receiving the request, order the arrest

of the requested person and the provisions of article 355AV(c)

shall, mutatis mutandis, apply in the execution of a request

communicated under this article.

(2) The Magistrate shall transmit the said data, sample or

profile, together with any report or result of the examination, to the

Attorney General.

(3) For the purposes of this article the terms "DNA profile" and

"dactyloscopic data" shall have the meaning respectively assigned

to them in article 548; "relevant offence" shall have the meaning

assigned to it in article 435D.

(4) The provisions of article 649(2) and (5) shall mutatis

mutandis apply to a request made under this article.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 648 Identification of person or object. — CRIMINAL CODE Open official source

In order to identify any person whose identity is required

to be proved, or in order to identify any object to be produced in

evidence, it shall not, as a rule, be necessary that the witness should

recognize such person from among other persons, or pick out such

object from among other similar objects, unless the court, in some

particular case, shall deem it expedient to adopt such course for the

ends of justice.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 649 — CRIMINAL CODE Open official source

(1) Where the Attorney General communicates to a

magistrate a request made by a judicial, prosecuting or

administrative authority of any place outside Malta or by an

international court for the examination of any witness present in

M a l t a , o r f o r an y i n v e s t i g a t i o n , se a r c h o r / a n d s e i z u r e , t h e

magistrate shall examine on oath the said witness on the

inter ro ga to ries f or wa rd ed by th e sa id a u tho rit y o r co urt or

otherwise, and shall take down the testimony in writing, or shall

conduct the requested investigation, or order the search or/and

seizure as requested, as the case may be. The order for search or/

and seizure shall be executed by the Police. The magistrate shall

comply with the formalities and procedures indicated in the request

of the foreign authority unless these are contrary to the public

policy or the internal public law of Malta.

(2) The provisions of sub-article (1) shall only apply where the

request by the foreign judicial, prosecuting or administrative

authority or by the international court is made pursuant to, and in

a c c o r d a n c e w i t h , a n y t r e a t y, c o n v e n t i o n , a g r e e m e n t o r

understanding between Malta and the country, or between Malta

and the court, from which the request emanates or which applies to

both such countries or to which both such countries are a party or

which applies to Malta and the said court or to which both Malta

and the said court are a party. A declaration made by or under the

authority of the Attorney General confirming that the request is

made pursuant to, and in accordance with, such treaty, convention,

agreement or understanding which makes provision for mutual

assistance in criminal matters shall be conclusive evidence of the

matters contained in that certificate. In the absence of such treaty,

convention, agreement or understanding the provisions of sub-

article (3) shall be applicable.

(3) Where the Minister responsible for justice communicates to

a magistrate a request made by the judicial authority of any place

outside Malta for the examination of any witness present in Malta,

touching an offence cognizable by the courts of that place, the

magistrate shall examine on oath the said witness on the

interrogatories forwarded by the said authority or otherwise,

notwithstanding that the accused be not present, and shall take

down such testimony in writing.

(4) The magistrate shall transmit the deposition so taken, or the

result of the investigation conducted, or the documents or things

found or seized in execution of any order for search or/and seizure,

to the Attorney General.

(5) For the purposes of sub-articles (1) and (3) the magistrate

shall, as nearly as may be, conduct the proceedings as if they were

an inquiry relating to the in genere but shall comply with the

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formalities and procedures indicated by the requesting foreign

authority unless they are contrary to the fundamental principles of

Maltese law and shall have the same powers, or as nearly as may

be, as are by law vested in the Court of Magistrates as court of

criminal inquiry, as well as the powers, or as nearly as may be, as

are by law conferred upon him in connection with an inquiry

relating to the "in genere": provided that a magistrate may not

arrest any person, for the purpose of giving effect to an order made

or given under article 554(2), or upon reasonable suspicion that

such person has committed an offence, unless the facts amounting

to the offence which such person is accused or suspected to have

committed amount also to an offence which may be prosecuted in

Malta.

(5A) If the request cannot, or cannot fully, be executed in

accordance with the formalities, procedures or deadlines indicated

by the requesting foreign authority, the requesting authority shall

be informed indicating the estimated time within which or the

conditions under which execution of the request may be possible.

(5B) The proceedings referred to in this article shall, as nearly as

may be, be conducted as if they were an inquiry relating to the "in

genere".

(6) Where the request of the foreign authority is for the hearing

of a witness or expert by video-conference, the provisions of sub-

articles (7) to (12), both inclusive, shall apply.

(7) The magistrate shall summon the person to be heard to

appear at the time and place equipped with video-conference

faci liti es app ointed for the p urpo se b y th e magistrate. The

magistrate shall give effect to any measures for the protection of

the person to be heard which the Attorney General may declare to

have been agreed upon with the requesting foreign authority.

(8) The magistrate shall conduct the hearing and where

necessary the magistrate shall appoint an interpreter to assist during

the hearing. The magistrate present shall ensure that the person to

be heard is identified and that the proceedings take place and

continue at all times in conformity with the fundamental principles

of the law of Malta.

(9) The person to be heard may claim the right not to testify

which would accrue to him or her under the law of Malta or under

the law of the country of the requesting foreign authority.

(10) Subject to any measures for the protection of the person to

be heard referred to in sub-article (7), the magistrate shall on the

conclusion of the hearing draw up minutes indicating the date and

place of the hearing, the identity of the person heard, the identities

and functions of all other persons participating in the hearing, any

oaths taken and the technical conditions under which the hearing

took place. The document containing the record of the minutes

shall be transmitted to the Attorney General to be forwarded to the

requesting foreign authority.

(11) The following shall mutatis mutandis apply to the person to

be heard under the provisions of sub-article (6)

(a) the provisions of article 522, where the person to be

heard refuses to testify when required to do so by the

magistrate;

(b) the provisions of articles 104, 105, 107, 108 and 109,

as the case may be, where the person to be heard does

not testify to the truth, for this purpose the proceedings

before the foreign authority shall be deemed to be

proceedings taking place in Malta and the person to be

heard shall be deemed to be a person testifying in

those proceedings. For the purpose of determining the

applicable punishment as may be necessary in

proceedings for perjury under this sub-article the

criminal fact being inquired into or adjudicated by the

requesting foreign authority shall be deemed to be

liable to the punishment to which it would have been

liable had the same fact taken place in Malta or within

the jurisdiction of the same Maltese criminal courts.

(12) The provisions of sub-articles (6) to (11), both inclusive,

shall apply where the person to be heard is a person accused in the

country of the requesting foreign authority provided that the

hearing shall only take place with the consent of the person to be

heard and that all the rules of evidence and procedure which would

apply to the testimony of a person accused in criminal proceedings

in Malta would also apply to the testimony of the person accused to

be heard under this article.

(13) The provisions of this article shall also apply mutatis

mutandis where the request of the foreign authority is for the

hearing of a witness or expert by telephone conference: provided

that the witness or expert consents to the hearing.

(14) Where the Attorney General has made a declaration as

provided in sub-article (2), foreign officials designated by the

foreign authority or international court which made the request

shall be entitled to be present for the examination of witnesses or

when investigative measures are being taken.

Sub-title II

O F E XPERTS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 650 Reference to experts. — CRIMINAL CODE Open official source

(1) In all cases where for the examination of any person

or thing special knowledge or skill is required, a reference to

experts shall be ordered.

CRIMINAL CODE

(2)

The experts shall be chosen by the court

Provided that the Minister responsible for Justice may, after

consultation with the Chief Justice, appoint one or more persons as

official experts for the purpose of reporting on matters required by

other provisions of this Code requiring special technical skill or

knowledge, and when such persons are appointed, the court shall

choose such experts from among those persons who may be on a

roster system.

(3) For the purposes of article 533, the fees of the official

experts for services rendered in any particular case shall be taxed

by the registrar in the same manner provided for the taxation of the

fees due to other experts.

(4) As a rule the experts shall be appointed in an uneven

number.

(5) The court shall, whenever it is expedient, give to the

experts the necessary directions, and allow them a time within

which to make their report.

The Court of Magistrates, whether sitting as a court of criminal

judicature or as a court of inquiry, may moreover empower the

expert or the experts, if more than one expert have been appointed,

to receive documents and to examine witnesses on oath in the

presence of the accused and, in any such case, the court shall not

require further evidence in respect of the documents so produced or

further examine the witnesses so examined, unless the court deems

it necessary or unless the accused makes a request to that effect.

Where more than one expert have been appointed, the court shall

designate the expert who is empowered to administer the oath.

(6) The Court’s decision to appoint experts shall be reduced to

writing and shall be served on the experts so appointed.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 651 Challenge of experts. — CRIMINAL CODE Open official source

(1) The experts may be challenged only on the same

grounds on which a judge may be challenged.

(2) The challenge shall be made in the manner and within the

terms laid down in the Code of Organization and Civil Procedure

for the challenge of experts in civil causes.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 652 Summoning and oath of experts. — CRIMINAL CODE Open official source

The experts shall be summoned in the manner provided for

the summoning of witnesses. They shall swear to perform faithfully

and honestly the duties assigned to them.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 653 Report. — CRIMINAL CODE Open official source

(1) On terminating the work and the experiments which

their profession or art may suggest, the experts shall make their

report, either orally or in writing, according to the directions of the

court.

(2) The report shall in every case state the facts and the

circumstances on which the conclusions of the experts are based.

(3) If in the course of their work, the experts shall obtain from

any person information on circumstances of fact, such person shall

be mentioned in the report, and shall be examined in court in the

same manner as any other witness

Provided that the above provision of this sub-article shall

not apply in regard to any person whom the experts will have

examined on oath under article 650(5), saving, however, the re-

examination of any such person by the court as provided for in the

said sub-article.

(4) In matters within the jurisdiction of the Court of

Magistrates, any such person may be examined on oath by the

court, even in the course of the work of the experts.

(5) If the report is made orally, it shall be reduced into writing

by the registrar or by the person acting in his stead.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 654 Official expert may advise the court during the sitting. — CRIMINAL CODE Open official source

In cases within the jurisdiction of the Court of Magistrates

as court of criminal judicature, the expert may be called upon by

the court to be present at the hearing of the cause in order to advise

the court, provided that the advice is given in the presence of the

accused.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 655 Further elucidations by experts. — CRIMINAL CODE Open official source

The parties, the court, and, in cases within the jurisdiction

of the Criminal Court, the jurors, may require the experts to give

further elucidations on their report as well as on any other point

which they may consider useful in order to make the opinion of the

experts clearer.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 656 Those who are to judge not bound by conclusions of experts. — CRIMINAL CODE Open official source

Those who are to judge are not bound to abide by the

conclusions of the experts against their own conviction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 657 Applicability of certain provisions to experts. — CRIMINAL CODE Open official source

The provisions of article 452(4) and (5) shall apply to

experts.

Title II

O F C ONFESSIONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 658 Confession by accused. — CRIMINAL CODE Open official source

Any confession made by the person charged or accused,

whether in writing, orally, by audiovisual means or by other means,

may be received in evidence against or in favour of the person, as

the case may be, who made it, provided it appears that such

confession was made voluntarily, and not extorted or obtained by

means of threats or intimidation, or of any promise or suggestion of

favour.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 659 Production of written confession. — CRIMINAL CODE Open official source

(1) Where it is not possible to record a confession by

audiovisual means in terms of article 355AUA(8)( e ), if a

confession is reduced to writing at the time it is made, the writing

shall be produced; and only if it is proved that the writing has been

destroyed or lost, may oral evidence, in lieu of such writing, be

admitted for the purpose of proving the substance of such

confession.

CRIMINAL CODE

(2) Nothing in this article shall operate as a bar to the

admissibility in evidence of any other confession verbally made

before or after.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 660 Confession to be produced in full. — CRIMINAL CODE Open official source

It shall not be permissible to give in evidence only a part of

an audiovisual recording or of a written or oral statement against

the accused except in extraordinary circumstances which the court

may allow.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 661 Confession not to prejudice third parties. — CRIMINAL CODE Open official source

A confession shall not be evidence except against the

person making the same, and shall not operate to the prejudice of

any other person.

Title III

O F D ECISIONS AND THEIR E XECUTION

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 662 Definition of "decision". — CRIMINAL CODE Open official source

(1) The general expression "decision" includes every

v e r d i c t o f th e j ur y on th e f a c ts , e ve r y j ud g m e n t o f a c o ur t

acquitting, convicting or sentencing the person charged or accused,

every procès-verbal drawn up in connection with any inquest or

other inquiry held under the provisions of this Code (other than an

inquest for the purpose of an inquiry relating to the "in genere"),

and, in general, every decree or other definitive order of a court.

(2) Any decision of the Court of Criminal Appeal and of the

Criminal Court by which any question of law is determined shall be

preceded by the reasons which led the court to the decision

Provided that as regards the Court of Criminal Appeal, the

court may, if the appellant is in custody and it is of opinion that the

appeal should be allowed and the appellant discharged, pronounce

forthwith its decision discharging the appellant and reserve to give

its reasons at a later date even in the absence of the person

concerned.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 663 Delivery of decision in open court. — CRIMINAL CODE Open official source

(1) Every decision of the court shall be delivered by the

judge or magistrate in open court: provided that a decision granting

or refusing bail may be given in camera.

(2) With regard to any verdict of the jury on the facts, the

provisions of articles 474 and 478 shall apply.

(3) Every decision of the Criminal Court shall be recorded by

the registrar, and such record shall constitute the authentic proof of

such decision.

(4) The reasons referred to in sub-article (2) of the last

preceding article shall be recorded together with the decision.

(5) The decisions of the Court of Magistrates, if reduced to

writing by the sitting magistrate, shall be kept in their original, and

the provisions of article 518 shall be applicable thereto. In every

case, a summary of the decision shall be recorded in a special

register, and such summary shall constitute authentic proof of such

decision in the same manner as a certified copy thereof. Such

summary shall indicate the court by which the decision was

delivered, the names of the parties, the date of the decision, and the

particulars referred to in article 382, or, in the case of any decree,

the substance of the order contained therein.

*

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 664 Delivery of decision with closed doors. — CRIMINAL CODE Open official source

Decisions may be delivered with closed doors only in the

cases referred to in articles 409 and 531

Provided that the order referred to in article 531, the

decisions referred to in article 620, the verdict on the facts, the

judgment acquitting, convicting or sentencing the person charged

or accused, and the decision as to whether there are or not

sufficient grounds to commit the accused for trial, shall be

delivered in open court.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 665 Execution of decisions. — CRIMINAL CODE Open official source

Subject to the provisions of article 28A and the provisions

of this Code relating to the payment of pecuniary penalties, every

decision shall be enforceable as soon as delivered.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 666 Decisions of Criminal Court to be enforced by marshal. — CRIMINAL CODE Open official source

(1) The decisions of the Criminal Court and of the Court

of Criminal Appeal shall be carried into effect by the marshal or by

any other person authorized by the Minister responsible for justice

in that behalf.

(2) For the purposes of this article, a decision of the Court of

Magistrates or of the Criminal Court shall be deemed to be a

decision of the Court of Criminal Appeal, if an appeal is entered

against such decision and such appeal is subsequently waived or

declared null and void or taken to be abandoned under article 422.

Title IV

O F P ROPERTY BELONGING TO THE P ERSON C HARGED OR

A CCUSED OR TO OTHER P ERSONS AND CONNECTED

WITH CRIMINAL P ROCEEDINGS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 667 Property to be held by registrar. — CRIMINAL CODE Open official source

Any property connected with criminal proceedings shall,

subject to the following provisions of this Title, be held by the

registrar until the conclusion of such proceedings including any

proceedings of appeal.

*See also s.24 of the Official Secrets Act (Cap.50).

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 668 Record of property. — CRIMINAL CODE Open official source

(1) All property connected with criminal proceedings

shall be delivered by the court to the registrar and shall, subject to

the following provisions of this Title, remain in the custody of the

registrar except when required by the court for the hearing of such

proceedings.

(2) The Minister responsible for justice may make regulations

providing for the registration and preservation of any property

connected with criminal proceedings and for the manner in which a

record is to be kept of the movements of any such property.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 669 Preservation of property. — CRIMINAL CODE Open official source

(1) The registrar shall ensure that all property delivered

to him is properly catalogued, stored and preserved and kept in a

secure place to be determined by the registrar.

(2) For the purposes of this article, the registrar may, with the

approval of the Minister responsible for justice, appoint other

persons to hold property or classes of property on his behalf under

such terms and conditions as the Minister may think fit provided

that the names of such persons shall be published in the Gazette.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 670 Procès verbal to be drawn up when property is released. — CRIMINAL CODE Open official source

(1) Any property which is to be released by the registrar

to any person or which is to be destroyed or otherwise disposed of

in accordance with the provisions of this Title shall only be

released, destroyed or otherwise disposed of following the drawing

up of a procès verbal containing an accurate description of the

property released, the quantity and quality thereof and any

photographs, video recordings and computer images of such

property as the magistrate or the registrar may deem fit should be

taken.

(2) The procès-verbal shall be signed by the registrar and if the

property is to be released, destroyed or disposed of during in

genere proceedings or during the inquiry it shall also be signed by

the magistrate. In every case where the property is to be released in

favour of any person in the course of criminal proceedings which

have not been finally determined that property shall only be so

released after the person to whom the property is to be released

gives an undertaking in writing to produce again such property on

the order of a court.

(3) Notwithstanding any other provision of this Code or of any

other law, any process-verbal drawn up in accordance with the

provisions of this article including any photographs, video

recordings and computer images shall be admissible in evidence in

any criminal proceedings as if it were the property itself described

in the procès-verbal.

(4) The provisions of this Title shall also mutatis mutandis

apply to any property exhibited in the course of any proceedings

under the provisions of Title II of Part II of Book Second of this

Code even during such period that the relative procès-verbal is

with the Attorney General.

(5) The provisions of this article shall mutatis mutandis apply

to property disposed of in accordance with the provisions of

articles 671, 672 and 673.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 671 Prohibited property. — CRIMINAL CODE Open official source

(1) Saving the provisions of sub-article (2), where the

Comptroller of Customs certifies that any property in the custody

of the registrar is property which may not be imported into Malta

the registrar shall apply to the competent criminal court and request

it to order the disposal of the said property. The court shall allow

the application where it is satisfied that the property in question is

in Malta in contravention of the law.

(2) Where the property certified by the Comptroller of Customs

as provided in sub-article (1) is property which has been exhibited

as evidence in the course of criminal proceedings which have not

been finally determined, the application by the registrar shall be

served on the party charged or accused and on the Attorney General

or the Commissioner of Police as the case may be for their

submissions and the court shall not allow the application unless it

is satisfied that the property itself is not or is no longer necessary as

evidence in the proceedings.

(3) Where the court has ordered the disposal of the property in

accordance with the provisions of this article the registrar shall

dispose of such property by destroying it provided that the Minister

responsible for justice may order that the property is to be disposed

of in any other manner whatsoever for special reasons to be

expressly stated in the order.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 672 Property exhibited in certain proceedings. — CRIMINAL CODE Open official source

Notwithstanding any other provision of this Code or of any

other law, where the property has been exhibited in court in the

co u r se o f p r o c e ed i n g s f o r a n o ff e n c e a g ai n st t h e C u s t o m s

Ordinance, the Excise Duty Act or against the External

Transactions Act and the property has been forfeited in favour of

the Government by virtue of the operation of any provision of this

Code or of any other law such property shall be released in favour

of the Comptroller of Customs. In any other case the property

exhibited as aforesaid shall not be released, except in execution of

a final judgment of the competent civil court, if the Comptroller of

Customs objects to such release.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 673 Disposal of property connected with criminal proceedings. — CRIMINAL CODE Open official source

(1) Notwithstanding the foregoing provisions of this Title

and subject to the provisions of article 671 the court shall, on the

application of the Attorney General made at any time of the

proceedings or, where the author of the crime is absent or unknown,

before any proceedings are commenced, order the registrar to

dispose of any property connected with criminal proceedings or

with a crime, whether such property is liable to forfeiture or not, in

any of the following cases

(a) where, owing to the nature, quantity or dimensions of

such property, considerable space is necessary to keep

it;

(b) where such property is subject to deterioration or

depreciation or the cost of its upkeep is out of

proportion to its value;

(c) where it is not practicable or convenient for any other

reason to keep such property in custody;

(d) where, owing to the absence of the party accused, the

CRIMINAL CODE

trial is not concluded within two years from the day on

which such property was first brought before the court;

(e) in any other case where the court deems it so proper.

(2) The application for an order as is referred to in sub-article

(1) and in the same circumstances mentioned in that sub-article

may also be made by the registrar in which case the application

shall be served on the Attorney General for his reply within such

time, being not less than two working days, as may be determined

by the court and the application shall not be allowed where the

Attorney General objects to the application

Provided that, where the Attorney General objects to the

application, the court may impose on the accused that the costs for

the deposit and upkeep of the property, held by the Director of the

Asset Recovery Bureau, connected with criminal proceedings or

with the crime, be borne by the accused.

(2A) Notwithstanding the provisions of sub-article (2), where

property connected with criminal proceedings or with the crime is

held by the Registrar, the owner of that property may request the

court that he be allowed to effect such maintenance works as may

be required on the property; if the owner of the property does not

make the request mentioned in this sub-article or, having made the

request, and the request having been granted by the court, does not

effect such maintenance works, the responsibility for any loss or

damages suffered by the said property shall be borne by the said

owner.

(3) The provisions of sub-articles (1) and (2) shall apply

notwithstanding that the property is attached by a garnishee order.

(4) Where the court allows an application made under this

article the order of the court shall be served on all the persons

identified by the registrar to have an interest in the property, if their

whereabouts are known, sohowever that the order of the court shall

not be subject to revocation or modification except on the demand

of the Attorney General.

(5) If the property is sold the proceeds shall be deposited in

court and shall be disposed of on the conclusion of the proceedings

in the same manner as if they were the property of which they are

the proceeds.

(6) If the property is not sold the property may be disposed of

as the registrar may deem fit subject to the payment of such

indemnity as may be due to the owner of the property disposed of.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 674 Release of property in the course of proceedings. — CRIMINAL CODE Open official source

(1) Notwithstanding any other provision of this Code or

of any other law but subject to the provisions of article 671, where

any property which is exhibited in court during the proceedings

b e lo n g s t o a pe r s o n wh o i s n ot i n vo l v e d a s a p r in c i pa l , a n

accomplice or a conspirator in the criminal offence which is the

subject of such proceedings, that person shall, upon proving in a

satisfactory manner his title to the property and satisfying the court

that there was no longer any need that the property remains

materially exhibited in the record of the proceedings, be entitled to

have such property released in his favour by order of the Court

under such terms and conditions as the Court may deem fit, saving,

following such release, any right of the person charged or accused

or of any other person according to law.

(2) The order referred to in sub-article (1) may be given either

on the Court’s own motion or following an application by the

person claiming the property. Where the Court acts upon its own

motion it shall announce its intention to make such an order by

means of a decree. Any such decree or any application made by the

person claiming the property in terms of this sub-article shall be

served on the Attorney General or on the Commissioner of Police

as the case may be, and on the person charged, or accused, each of

whom shall be allowed five working days for a reply.

(3) Subject to the provisions of sub-article (4), if the property

belongs to the party charged or accused and is in no manner

connected with the offence or in any way required for the purpose

of any criminal proceedings the court shall, after hearing the

Attorney General or the Commissioner of Police, as the case may

be, restore the property to the person charged or accused to whom

the property belongs or deliver it to the person appointed by him in

that behalf or to his lawful representative.

(4) Notwithstanding the provisions of sub-article (3), the court

may abstain from ordering the restoration of the property to the

person charged or accused -

(a) when the value of the thing is considerable and the

person charged or accused is poor or of dubious

means; or

(b) when the person charged or accused is tried for forgery

with intent to misappropriate the property of another

person, or for theft, or for any other offence against

property

Provided that the provisions of this sub-article shall not

apply where the accused shall give sufficient security.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 675 Disposal of property on conclusion of proceedings. — CRIMINAL CODE Open official source

(1) Saving the provisions of article 671 and of the

following sub-articles of this article, where the court on the

conclusion of any criminal proceedings has not provided how

property exhibited during the proceedings is to be disposed of

according to law, any property so exhibited shall be preserved by

the registrar.

(2) Where the Court of Magistrates as court of criminal inquiry

discharges the person charged as provided in article 401(2) and the

Court decides how the property exhibited before it is to be disposed

of such decision shall not be given effect to before the lapse of the

period of one month referred to in article 433(3) and if the Attorney

General, within that period, issues a warrant for the arrest of the

person discharged the said decision shall remain without effect.

(3) Where the Court of Magistrates as court of criminal inquiry

discharges the person charged but does not decide how the property

exhibited in the proceedings is to be disposed of, and the Attorney

CRIMINAL CODE

General does not issue a warrant for the arrest of the person

discharged, such property shall be preserved by the registrar and if

within one year from the date of discharge no fresh proceedings are

instituted as provided in article 434 and the property has not been

released in accordance with the provisions of this title the registrar

may apply to the court for an order authorising the return of the

property to the person to whom it belongs, if known, or declaring

the property forfeited in favour of the Government of Malta where

the person to whom the property belongs is not known.

(4) Where in any final judgment of any court of criminal

jurisdiction no provision is made for the disposal of any property

exhibited in the proceedings and no claim is made for the release of

such property within one month from the date of such judgment

such property, unless forfeited by virtue of the provisions of article

23 or any other provision of this Code or of any other law, shall be

forfeited and the court shall, on the application of the registrar and

subject to the provisions of sub-article (5), order the release of such

property in favour of the Government of Malta.

(5) Any person who immediately before the forfeiture had a

legal title to the property forfeited as aforesaid, or the lawful heirs

thereof, shall be entitled to compensation for the property forfeited

provided that where the property has been sold such compensation

shall not exceed the amount realised by the Government from the

sale of the property and provided also that compensation is

demanded by an application to the competent court within six

months from the date of the order mentioned in sub-article (2).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 676 Forfeited property. — CRIMINAL CODE Open official source

Any property forfeited in favour of the Government in

terms of the provisions of this Code or of any other law may be

disposed of immediately by the Director of the Asset Recovery

Bureau unless the property has been exhibited in the course of a

criminal prosecution in which case that property shall not be

disposed of before final judgment and not without the prior consent

of the Commissioner of Police or of the Attorney General as the

case may be.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 677 When property is to be returned by order of the court in its final judgment. — CRIMINAL CODE Open official source

(1) Any property which is to be returned to any person in

pursuance of an order made by the court in its final judgment shall

be retained by the registrar for a period of six months within which

period it shall be incumbent on that person, or his lawful heirs, to

claim from the registrar the said property. Within the same period

the registrar shall be under an obligation to make all efforts to trace

and notify with the court’s order the person to whom the property is

to be returned.

(2) Where the person to whom the property is to be returned, or

his lawful heirs, either spontaneously or after being notified with

the court’s order, fails to claim the property within the period laid

down in sub-article (1) or where the registrar within the same

period fails to trace that person, or his lawful heirs, and no claim as

aforesaid is spontaneously made for the property, that property

shall be forfeited in favour of the Government.

(3) In the event that the property is owned by co-owners the

registrar shall be deemed to have complied with his obligations

according to law if he delivers the property to any one of the

owners.

(4) The registrar shall by application refer to the court which

delivered judgment any dispute regarding the title to the property.

The application shall be served on all the parties who shall be

allowed a period of five working days within which to reply and

after the lapse of the said period the court shall appoint the

application for hearing and after hearing the parties shall decide on

the disposal of the property. No appeal shall lie from the decision

of the court.

(5) If the person to whom the property is to be returned, or his

lawful heirs, claim the property within the period mentioned in sub-

article (1) such property shall, in the absence of a lawful obstacle,

be returned by the registrar free of charge.

(6) If the property has been forfeited in terms of this article and

was subsequently sold by auction following the publication of

advertisements, the person to whom the property was to be returned

in accordance with the order of the court, or his lawful heirs, may

claim the amount realised from the sale after subtracting any costs

and fees incurred by the registrar provided that such claim is made

within two years of the property having been disposed of.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 678 When owner is unknown. When property is to be returned by order of the court in its final judgment. — CRIMINAL CODE Open official source

(1) Where the court in its final judgment has ordered that

any property is to be returned but does not name the person to

whom the property is to be so returned and the identity of that

person is unknown that property shall be retained by the registrar

for a period of six months within which period any person claiming

to have a legal title to the property may come forward and claim the

property.

(2) Where the person having a legal title to the property fails to

claim the property within the period specified in sub-article (1), or

where the claims made in that period have been rejected by the

court, the property shall be forfeited in favour of the Government.

(3) Any claim under sub-article (1) shall be made by

application to the court before which the property was exhibited

and shall be served on the registrar and on the Commissioner of

Police or on the Attorney General, as the case may be, who shall

have ten working days within which to file a reply. On the lapse of

the time for the filing of a reply the court shall give its decision on

the application and no appeal shall lie from that decision.

(4) If the court allows the application the property shall be

delivered to the claimant free of charge.

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Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 679 — CRIMINAL CODE Open official source

In disposing of property forfeited in favour of the

Government in terms of this Code or of any other law the Director

of the Asset Recovery Bureau shall observe the following rules

(a) property which is of no or of little value may be

disposed of at the discretion of the Asset Recovery

Bureau provided that proper record of such disposal is

kept;

(b) firearms, ammunition, explosives or other chemical or

dangerous substances, excluding collectibles, shall be

consigned to the proper authorities designated by the

Minister responsible for justice for destruction by

them;

(c) other property which is of value shall be sold by

auction by the Director of the Asset Recovery Bureau

following the publication of at least three

advertisements in a daily newspaper and any moneys

deriving therefrom shall accrue to the Government

unless the Director of the Asset Recovery Bureau

deems it more beneficial to Government to dispose of

such property otherwise.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 680 Restoration of property to accused on termination of trial. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 681 Restoration of property to owner when accused is absent or offender unknown. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 682 Procedure on restoration of property to owner. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 683 Sale by auction of property connected with criminal proceedings. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 683A Sale by auction of property unclaimed by owner. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 684 Sale, publication and restoration to be effected upon order of court. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 685 When proceeds of sale are adjudged in favour of Government. — CRIMINAL CODE Open official source

Deleted by: III.2002.155.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 685A Definition of property. — CRIMINAL CODE Open official source

For purposes of this Title "property" shall have the same

meaning assigned to it by article 23B.

Title V

O F THE R ESPECT DUE TO THE C OURT

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 686 — CRIMINAL CODE Open official source

The provisions of the Code of Organization and Civil

Procedure relating to the respect due to the court, are applicable to

the courts of criminal jurisdiction.

Title VI

OF PRESCRIPTION

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 687 Sentences not barred by prescription. — CRIMINAL CODE Open official source

(1) Sentences awarding punishment shall not be barred

by prescription notwithstanding the lapse of any time.

(2) The period of prescription in respect of all criminal

offences shall be suspended from the moment a charge and, or bill

of indictment is served on the person charged or accused until such

t im e a s a f i n a l a n d d e f i n i t i v e j u d g m e n t i s d e l i v e r e d i n t h e

proceedings which commenced as a result of such charge or bill of

indictment.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 688 Prescription barring criminal actions. — CRIMINAL CODE Open official source

Save as otherwise provided by law, criminal action is

barred-

(a) by the lapse of twenty years in respect of crimes liable

to the punishment of imprisonment for a term of not

less than twenty years;

(b) by the lapse of fifteen years in respect of crimes liable

to imprisonment for a term of less than twenty but not

less than nine years;

(c) by the lapse of ten years in respect of crimes liable to

imprisonment for a term of less than nine but not less

than four years;

(d) by the lapse of five years in respect of crimes liable to

imprisonment for a term of less than four years but not

less than one year;

(e) by the lapse of two years in respect of crimes liable to

CRIMINAL CODE

imprisonment for a term of less than one year, or to a

fine (multa) or to the punishments established for

contraventions;

(f)

by the lapse of three months in respect of

contraventions, or of verbal insults liable to the

punishments established for contraventions.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 689 — CRIMINAL CODE Open official source

For the purposes of prescription, regard shall be had to the

punishment to which the offence is ordinarily liable, independently

of any excuse or other particular circumstance by reason of which

the offence is, according to law, liable to a lesser punishment; nor

shall any regard be had to any increase of punishment by reason of

any previous conviction.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 690 Reckoning of time according to calendar. — CRIMINAL CODE Open official source

In computing the period established for prescription, the

months and years shall be reckoned according to the ordinary

calendar.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 691 Commencement of prescription. — CRIMINAL CODE Open official source

(1) With regard to a completed offence, the period of

prescription shall run from the day on which the offence was

completed; with regard to an attempted offence, from the day on

which the last act of execution was committed; with regard to a

continuous offence, from the day on which the last violation took

place; and with regard to a continuing offence from the day on

which the continuance ceased.

(2) Where the criminal action cannot be instituted or proceeded

with except on a special authorization, or after the determination of

any issue upon separate proceedings, the period of prescription

shall be suspended, and shall continue from the day on which the

authorization is granted or the issue is determined.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 692 Prescription not to run when offender is unknown. — CRIMINAL CODE Open official source

The period of prescription in respect of crimes shall not

commence to run when the offender is unknown.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 693 Interruption of prescription. — CRIMINAL CODE Open official source

(1) The period of prescription is interrupted by any act of

the proceedings served on the party charged or accused in respect

of the fact with which he is charged.

(2) The period of prescription is also interrupted by the warrant

of arrest or, where there are no grounds for the arrest, by the

summons, although the warrant of arrest or the summons shall have

had no effect on account of the fact that the party charged or

accused had absconded or left Malta.

(3) Where the period of prescription has been interrupted, it

shall recommence to run from the day of the interruption.

(4) The interruption of prescription shall operate in regard to

all persons who took part in the offence, even though the act of

interruption takes place against one person only.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 694 Application of prescription ex officio. — CRIMINAL CODE Open official source

Prescription shall be applied ex officio, and it shall not be

lawful for the party charged or accused to waive prescription.

Title VII

OF FEES

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 695 Power of Minister responsible for justice to fix fees. Added by: XXX.1934.27. — CRIMINAL CODE Open official source

(1) The Minister responsible for justice shall have power

to amend or add to the scales of fees in the Schedules annexed to

this Code and to fix other fees in substitution for those in the said

Schedules.

(2) Any such amendment, addition or substitution shall come

into force on the day of its publication in the Gazette.

Title VIII

GENERAL PROVISIONS

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 696 Interpretation. — CRIMINAL CODE Open official source

In this Code the phrase "working days" does not include

Saturdays.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 697 Regulations. — CRIMINAL CODE Open official source

The Minister responsible for justice may make regulations

for the implementation of the provisions of this Code and, in

general, to bring the provisions of this Code into effect.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 698 Compensation of victims of crime. — CRIMINAL CODE Open official source

(1) The Minister may make regulations to establish a

scheme for the compensation of victims of crime under such

conditions and restrictions and subject to such considerations and

qualifications as the Minister may provide and to establish a fund

to finance such a scheme.

(2) Without prejudice to the generality of sub-article (1), any

scheme established under this article

(a) may be of general application extending to all crimes

or may be limited to such crimes as may be specified

in the regulations;

(b) may provide that compensation by Government to the

victim shall only be payable when the victim has

exhausted all remedies available to him against the

offender for the payment of damages suffered by the

victim;

(c) may provide for a ceiling on the amount payable to any

individual victim or group of victims by way of

compensation under the scheme.

(3) The Government shall be subrogated in the rights of the

victim against the offender for the payment of any sums received

by the victim from the Government in accordance with any scheme

established by regulations under this article.

CRIMINAL CODE

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 699 Power to make regulations. — CRIMINAL CODE Open official source

Notwithstanding other provisions of this Code and of any

other law, the Minister responsible for Justice may make regulations to

regulate

(a) the methods of service of judicial acts under this Code;

and

(b) the right of access by electronic means, by the

Prosecution and by any advocate or legal procurator

representing the charged or accused, the victim, or any

other interested party, to the record of proceedings and

other documents of courts of criminal jurisdiction; and

(c) in respect of any other matter which in the opinion of the

Minister responsible for Justice is incidental and, or

consequential to any matter provided for in paragraphs (a)

and (b).

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 699A Transfer and receipt of record by electronic means not to give rise to a procedural defect. — CRIMINAL CODE Open official source

* Any reference in this Code to the receipt of the record of

a case by a court or by the Attorney General or to the transfer of the

record of a case from a court to another court or to the Attorney

General shall be deemed to include a reference to the granting of

access to the said record by electronic means and to the transfer or

receipt of a scanned copy of the record by electronic means and no

nullity or other defect in the procedure followed shall arise when

the transfer or the receipt of the record is made by one (1) of the

electronic means referred to in this article instead of by physical

transfer or when it is made by physical transfer instead of by

electronic means.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 700 Asset Recovery Bureau. — CRIMINAL CODE Open official source

(1) The Minister may, by regulations, provide for the

setting up of an Office to be known as the Asset Recovery Bureau,

to provide for its structure, powers, distribution of duties, liability

for damages, administrative and operational procedures including

internal proceedings, the legal and judicial representation of the

Office, its funding and anything ancillary or incidental thereto.

(2) The Office, shall be a body corporate having a distinct legal

personality and may also be established as a Government Agency.

T h e O ff i c e s h a l l b e c a p a b l e o f e n t e r i n g i n t o c o n t r a c t s , o f

concluding memoranda of understanding or other agreements with

any foreign body, authority or agency, of acquiring, holding and

disposing of any kind of property for the purposes of its functions,

of suing and being sued, and of doing all such things and entering

into all such transactions as are incidental or conducive to the

exercise or performance of its functions under this Act including

the borrowing of money.

(3) The Minister may by regulations further provide for the

functions and powers of the Office which shall be responsible for

the tracing, identification, freezing, confiscation and management

of assets and property related, directly and indirectly, to criminal

activity with a view to combating crime and for this purpose may

authorise the Office to exercise any such powers as may be

exercised by the Commissioner of Police, by the Commissioner for

*Vide Act XIX of 2023.

Revenue or any other public authority established by law.

(4) The Minister may by virtue of the said regulations direct

that this Code or any other law shall have effect in relation to the

functions, powers and operations of the Office and its officers and

staff subject to such conditions, exceptions, adaptations or

modifications as may be specified in the said regulations.

(5) Without prejudice to the generality of the foregoing the

Minister may make regulations for anything incidental,

consequential or ancillary to the matters provided in this article.

(6) For purposes of this article

"Commissioner of Police" shall have the meaning assigned to it

under the Police Act;

"Commissioner for Revenue" shall have the meaning assigned to

it under the Commissioner for Revenue Act.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 701 Filing of judicial documents by electronic means. — CRIMINAL CODE Open official source

The Minister responsible for justice may make

regulations providing for or permitting the

(a) filing of judicial acts by electronic means,

(b) transmission and notification by electronic means of

judicial acts, court proceedings, documentation and

notifications, and without prejudice to the generality

of the foregoing, those regulations may provide for

(i)

the form of judicial acts performed by electronic

means;

(ii) the transmission, filing and service of

documents by electronic equipment;

(iii) keeping court records by electronic means and

the way that such records are to be authenticated

and how copies are to be issued and

authenticated;

(iv) the fees that may be charged in respect of the use

of those electronic means in connection with the

making, transmission, filing or service of

judicial acts, and for the making of copies of

records of the court; and

(v) anything consequential or incidental thereto

including such transitional provisions as the

Minister may deem necessary or expedient and

relating thereto.

Laws of Malta — Chapter 9 — CRIMINAL CODE

Art. 702 Power of the Minister to make regulations. — CRIMINAL CODE Open official source

The Minister responsible for justice may make regulations

to give effect to any arrangement, including any treaty, convention,

agreement or understanding, to which Malta is a party or is

otherwise applicable to Malta and which make provision for

sharing of information between competent authorities.

CRIMINAL CODE

TARIFF *

FEES PAYABLE TO THE REGISTRY OF THE COURTS OF

CRIMINAL JURISDICTION, MALTA AND GOZO

For the filing of an application of an appeal from

€25

judgements of the Courts of Magistrates .........................

For the filing of an application of an appeal from

€50

judgements of the Criminal Courts ..................................

For the opening of the registry outside working hours

€75

but no fee is payable if request is according to sections

409(A) or 412(B) of the Criminal Code (Cap. 9).

For every notification of witnesses in the Criminal

€7

Court ..............................................................................

For photocopies from any criminal proceeding

i.

For every page not authenticated ........................

€0.10

ii.

For every page authenticated ..............................

€0.35