Chapter 9 – Criminal Code

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 ARRANGEMENT OF CODE Articles 2-6A Title Preliminary Provisions 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 7-32 Sub-title I Of Punishments to which Offences are subject 7-15 Sub-title II General Provisions respecting the Infliction and Execution of Punishments 16-30 Sub-title III Of the Ascent and Descent from one Punishment to another 31-32

Title II

Of the Will and Age of the Offender 33-40

Title III

Of Attempted Offence

Title IV

Of Accomplices 42-48

Title IV Bis

Of Conspiracy 48A

Title V

Of Recidivists 49-54

PART II

OF CRIMES AND PUNISHMENTS

Title I

Title I Bis

Title II

Title III

Sub-title I Sub-title II Sub-title III Sub-title IV Of Genocide, Crimes against Humanity and War Crimes Of Crimes against the Safety of the Government Of Crimes against the Public Peace General Provision applicable to Offences which are racially aggravated or motivated by Xenophobia Of Crimes against the Administration of Justice and other Public Administrations Of the Usurpation of Public Authority and of the Powers thereof Of the Usurpation of Functions Of the Unlawful Assumption by Private Persons of Powers belonging to Public Authority Of Outrage and Violence against Public Officers Of Calumnious Accusations, of Perjury and of False swearing Of Abuse of Public Authority Of Unlawful Exaction, of Extortion and of Bribery 54A-54I 55-62 63-83A 83B-83C 84-162 84-90 85-90 91-99A 100-111 112-141 112-121E CRIMINAL CODE Sub-title V

Title IV

Title V

Sub-title I Sub-title II Sub-title III Sub-title III

Title VI

Title VII

Sub-title I Sub-title II Sub-title III

Title VIII

Sub-title I Sub-title II Sub-title III Sub-title IV Sub-title V Sub-title VI Sub-title VII Sub-title VIII Sub-title VII Bis Of Abuses committ ed by Advocates and L egal Procurators Of Malversation by Public Officers and Servants Of Abuses relating to Prisons Of the Refusal of a Service lawfully due Of Abuse of Authority, and of Breach of Duties pertaining to a Public Office General Provision applicable to Public Officers Of the Violation of Public Archives, Public Offices, Public Places of Confinement, and Public Monuments Of the Breaking of Seals, and of the Purloining of Documents or Deposits from the Public Archives or other Public Offices Of the Violation of Public Places of Confinement, of the Escape of Persons in Custody or Suspected or Sentenced, and of the Harbouring of Offenders Of the Violation of Public Monuments Of Crimes against the Religious Sentiment Of Crimes affecting Public Trust Of Forgery of Papers, Stamps and Seals Of Forgery of other Public or Private Writings Of Counterfeiting Of Currency General Provisions applicable to this Title Of Fraud Against The European Union’s Financial Interests Of Crimes against Public Trade Of Bankruptcy Offences Of Crimes affecting the Dignity of Persons Of Crimes relating to the Reciprocal Duties of the Members of a Family Of Sexual Offences Of Crimes tending to Prevent or Destroy the Proof of the Status of a Child Of Crimes against the Person Of Wilful Homicide Of Wilful Offences against the Person Of Justifiable Homicide or Bodily Harm Of Involuntary Homicide or Bodily Harm Of Excuses for the Crimes referred to in the foregoing Sub-titles of this Title Of the Concealment of Homicide or Bodily Harm, and of the Concealment of Dead Bodies Of Abortion, of the Administration or Supplying of Substances Poisonous or Injurious to Health, and of the Spreading of Disease Of Infanticide and of the Abandonment, Exposure and Ill-treatment of Children Of the Traffic of Persons 122-123 124-127 128-130 131-132 133-140 142-162 142-150 151-160 161-162 163-165 166-190 166-178 179-188 188A-188I 189-190 190A-190K 191-195 191-195 196-210 196-197 198-209A 211-257 211-213 214-222A 223-224 225-226B 227-238 239-240 241-244A 245-248 Bis 248A-248G Sub-title IX Sub-title X Sub-title XI

Title IX

Sub-title I Sub-title II Sub-title III Sub-title IIIA Sub-title IV Sub-title IV A Sub-title IV B Sub-title V CRIMINAL CODE Of Threats, Private Violence and Harassment Of Disclosure Of Information Received in Confidence Of Abuse on Elderly or Dependant Persons Of Crimes against Property and Public Safety Of Theft Of Aggravated Theft Of Simple Theft General Provision applicable to this Sub-title Of other Offences relating to Unlawful Acquisition and Possession of Property Of Fraud General Provision Applicable To Offences Under Sub-titles I, II and III Of Fraud And Counterfeiting of Non-cash Means of Payment Of Crimes against Public Safety, and of Injury to Property Of Acts of Terrorism, Funding of Terrorism and Ancillary Offences Of Piracy General Provisions applicable to this Title Of Computer Misuse 249-251I 252-257 257A-260 261-337H 261-289 261-283A 284-288 290-292 293-310BA 310C 310D-310K 311-328 328A-328MA 328N-328O 329-337AA 337B-337H

PART III

OF CONTRAVENTIONS AND PUNISHMENTS

Title I

Sub-title I Sub-title II Sub-title III

Title II

Of Contraventions Of Contraventions affecting Public Order Of Contraventions against the Person Of Contraventions against Property Of the Punishments for Contraventions General Provision 338-340 341-344 BOOK SECOND LAWS OF CRIMINAL PROCEDURE

PART I

Title I

Sub-title I Sub-title II Sub-title III OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICEIS ENTRUSTED Of the Powers and Duties of the Attorney General and the Executive Police in respect of Criminal Prosecutions General Power to Stop and Search Road Checks Powers of Entry, Search and Seizure under Warrant 346-366 346-350 351-354 355-355D 355E-355J CRIMINAL CODE Sub-title IV Sub-title V Sub-title VI Sub-title VII Sub-title VIII Sub-title IX Sub-title X Sub-title XI Sub-title XII

Title II

Sub-title I Sub-title II Sub-title III

Title III

Title IV

Title V

Title VI

Title VII

Powers of Entry and Search without Warrant 355K-355O Seizure and Retention 355P-355U Powers of Arrest and Detention 355V-355AF Warrants 355AG-355AK Detention 355AL-355AR Right to Legal Assistance and other Rights during Detention 355AS-355AUK Ta k i n g o f S a m p l e s , F i n g e r p r i n t i n g a n d o t h e r Investigative Procedures 355AV-BD Powers and Duties of the Police in respect of Court Proceedings 356-366 Of the Presumption of Innocence 366A-366F Of the Court of Magistrates 367-429 Of the Court of Magistrates as Court of Criminal Judicature 370-388 Of the Court of Magistrates as Court of Criminal Inquiry 389-409A General Provisions applicable to the Court of Magistrates, whether as Court of Criminal Judicature or as Court of Criminal Inquiry 410-412D Of Appeals from Judgments of the Court of Magistrates as Court of Criminal Judicature 413-429 Of the Attorney General 430-435E Of the Criminal Court 436-496 The Court of Criminal Appeal 497-515 Provisions applicable to the Courts of Criminal Justice 516-534 Of the Rights of Suspects and Accused 534A-534AG Of the Rights of Children who are Suspects or Accused Persons 534AGA-534AFQ

PART II

OF MATTERS RELATING TO CERTAIN MODES OF PROCEDURE AND TO CERTAIN TRIALS

Title I

Title II

Title III

Title IV

Title V

Title VI

Title VII

Title VIII

Title IX

Of Reports, Informations and Complaints Of Inquiries relating to the ''In genere'', Inquests and ''Reperti'' Of Counsel for the Accused Of Bail Of the Indictment Of Jurors Allegation of Insanity and other Collateral Issues before the Criminal Court Of Mutual Assistance in Criminal Matters Of Cooperation between the National Authorities and the Office of the European Public Prosecutor 535-545 546-569 570-573 574-587 588-602 603-619 620-628 628A-628B 628C - 628H CRIMINAL CODE

PART III

Title I

Sub-title I Sub-title II

Title II

Title III

Title IV

Title V

Title VI

Title VII

Title VIII

OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS Of Witnesses and Experts Of Witnesses Of Experts Of Confessions Of Decisions and their Execution Of Property belonging to the Person Charged or Accused or to other Persons and connected with Criminal Proceedings Of the Respect due to the Court Of Prescription Of Fees General Provisions 629-657 629-649 650-657 658-661 662-666 667-685A 687-694 696-702 CRIMINAL CODE l.

The title of this Code is Criminal Code.

Title.

PRELIMINARY PROVISIONS 2.

Offences are divided into crimes and contraventions.

Every offence gives rise to a criminal action and a civil

Classification of offences.

Amended by:

XI.1900.1.

Actions arising from an offence.

Amended by:

VI.1871.1.

Nature of criminal action.

Amended by:

L.N. 46 of 1965;

LVIII.1974.68;

XXVII.1975.2;

III.2002.2.

Prosecution.

Amended by:

VI.1899.1;

XI.1899.107;

I.1903.1;

XXXI.1966.2;

XXXIII.1972.2;

XI.1973.377;

XXIV.1975.2;

XXIX.1990.2;

XVII.1996.19;

III.2002.3;

XIII.2002.10;

XXIV.2002.13;

XXIV.2014.3;

XLIX.2016.8. (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 CRIMINAL CODE 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.

Exception.

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 intergovernmental 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.

Extension of applicability to exclusive economic zone area or environment protection area.

Added by:

XXXV.2023.3.

Criminal and civil actions are independent of each other.

Criminal actions to be resolved without unreasonable delay.

Added by:

XIII.2018.24.

5A. 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.

6.

The criminal action and the civil action are prosecuted independently of one another.

6A. Criminal actions shall be resolved without any unreasonable delay having due regard to the need to protect the safety and wellbeing of the injured party.

CRIMINAL CODE 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 7. (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).

Amended by:

II.1886.1;

XVI.1888.1;

XI.1900.2;

IX.1911.1;

XXI.1971.2;

XLIX.1981.4;

II.2015.2. (a) detention; (b) fine (ammenda); (c) reprimand or admonition.

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.

Imprisonment.

Solitary confinement.

Amended by:

XLIX.1981.4;

III.2002.4.

Duration of each term of solitary confinement.

Rules to be observed.

Interdiction.

Amended by:

XI.1900.3;

VIII.1909.1;

VI.1947.3.

General interdiction.

Special interdiction.

Duration of interdiction.

Provided that in no case (save as provided in article 17(g) and in article 29(1)) shall imprisonment in substitution of a fine Publication of sentence of interdiction.

Penalty for nonfulfilment of obligations.

Fine (multa).

Amended by:

XI.1900.4;

XII.1914.1;

XXII.1934.2;

XXVII.1938.2;

V.1956.2;

III.1971.2;

XXXIII.1972.3;

XXII.1976.4.

Substituted by:

XIII.1980.2.

Amended by:

XIII.1983.5;

III.2002.5;

L.N. 407 of 2007;

XXI.2011.45.

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).

Detention.

Amended by:

IV.1874.1;

II.1886.2:

XVI.1888.2;

XXV.1962.3;

L.N.4 of 1963;

L.N.46 of 1965;

XXXI.1966.2.

Substituted by:

III.2002.6.

Fine (ammenda).

Amended by:

II.1886.3;

XVI.1888.3;

XI.1900.5;

IX.1911.2;

XII.1914.2,3;

XXII.1934.3;

V.1956.3;

III.1971.3;

XIII.1980.3;

XIII.1983.5;

L.N. 407 of 2007.

Conversion of fine (ammenda) into detention.

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.

Time for payment of fine (multa or ammenda).

Added by:

XXII.1934.4.

Amended by:

XIV.1936.2:

VI.1947.4;

V.1956.4;

III.2002.7;

L.N. 407 of 2007.

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 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 CRIMINAL CODE 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.

15A. (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.

Reprimand or admonition.

Repealed by:

II.1886.4. and re-enacted by:

XVI.1888.4.

Compensation for victims of crime.

Added by:

XIII.2018.24.

Amended by:

XXXII.2018.3.

CRIMINAL CODE the victim or any of the victim’s dependants.

Sub-title II G ENERAL P ROVISIONS RESPECTING THE INFLICTION AND E XECUTION OF P UNISHMENTS Reckoning of punishment.

Concurrent offences and punishments.

Amended by:

IX.1859.1;

XI.1900.6;

IX.1911.3,4;

XII.1914.4;

XXXIII.1972.4;

XXXVIII.1973.2;

XLIX.1981.4,6;

XVI.1996.6;

XXIV.2014.4.

17.

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 onehalf 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 CRIMINAL CODE 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.

Continuous offence.

Amended by:

XI.1900.6;

XIII.2018.24;

XXIV.2019.3.

Punishment below prescribed minimum.

Added by:

XII.1944.2.

Amended by:

XXI.1971.4;

V.2024.2.

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 Rules respecting the award of punishments.

Punishment not awardable in its minimum.

Amended by:

XI.1900.7;

IX.1911.5;

XLIX.1981.6.

Computation of sentences of imprisonment.

Added by:

VI.1947.6.

Substituted by:

III.2002.8.

CRIMINAL CODE may, upon conviction, decide not to impose any punishment on the person convicted.

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.

Forfeiture of corpus delicti.

Amended by:

VI.1947.7;

XXXI.2007.3.

Freezing of property of person accused.

Added by:

III.2002.9.

Amended by:

III.2004.69;

VII.2010.3.

Substituted by:

VI.2024.3.

23A. (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:

CRIMINAL CODE 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.

23B. (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.

Forfeiture of proceeds.

Added by:

III.2002.9.

Amended by:

XXXI.2007.4;

VIII.2015.2;

XLII.2018.3.

Forfeiture of property derived from criminal activity.

Added by:

XXXI.2007.5.

Amended by:

XXIV.2014.5;

VIII.2015.3;

VI.2024.5.

CRIMINAL CODE

23C. (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.

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.

23D. (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).

The Director of the Asset Recovery Bureau to conduct enquiries.

Added by:

VII.2010.5.

Amended by:

IV.2014.3;

XXXI.2019.3.

Liability of person having the charge of another, in case of contravention.

Added by:

VIII.1909.2.

Right of civil action unaffected.

Amended by:

VIII.1909.3.

Abolition of disabilities arising out of punishments.

Amended by:

VI.1871.2;

XXI.1971.5.

CRIMINAL CODE Difference between punishment at the time of the offence and that at the time of trial.

Rules as to the serving of punishments.

Amended by:

XII.1914.5.

Suspended sentence of imprisonment.

Added by:

XXIX.1990.3.

Amended by:

III.2002.10.

28A. (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.

28B. (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.

Added by:

XXIX.1990.3.

CRIMINAL CODE years from the date of the variation:

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

Competent court for dealing with suspended sentence.

Added by:

XXIX.1990.3.

Amended by:

VIII.1990.3;

III.2002.11.

28C. (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.

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.

Suspended sentence not dealt with on conviction of further offence.

Added by:

XXIX.1990.3.

Amended by:

VIII.1990.3;

III.2002.12.

28D. (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.

CRIMINAL CODE

28E. (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.

Concurrent offences and punishments in relation to suspended sentence.

Added by:

XXIX.1990.3.

Amended by:

VIII.1990.3;

III.2002.13.

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.

28F. 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.

28G. (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.

Recidivists.

Added by:

XXIX.1990.3.

Suspended sentence supervision order.

Added by:

XXIX.1990.3.

Amended by:

III.2002.14;

L.N. 407 of 2007;

XXIV.2014.6.

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.

CRIMINAL CODE

28H. (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.

Added by:

XXIX.1990.3.

Amended by:

XIII.2018.24;

XXXII.2018.4.

CRIMINAL CODE the direction.

Appeals.

Added by:

XXIX.1990.3.

28I. (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.

Procedure in default of payment of fine (ammenda or multa).

Amended by:

IV.1856.2;

II.1886.5;

XVI.1888.5;

XII.1914.6;

XXII.1934.5;

I.1939.2;

III.2002.15.

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.

CRIMINAL CODE

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.

Disqualification s in case of convictions.

Added by:

XXIV.1938.2.

Substituted by:

V.1956.6.

Amended by:

III.2002.16.

XXVIII.2021.2.

CRIMINAL CODE Sub-title III O F THE A SCENT AND D ESCENT FROM ONE PUNISHMENT TO ANOTHER Scale of punishments.

Amended by:

IV.1856.3,4,5;

V.1868.2, 3;

VI.1871.3;

II.1886.6;

XVI.1888.6;

XI.1900.9;

IX.1911.6;

XXI.1971.6;

XLIX.1981.4;

XVI.1996.6;

XXIV.2014.7.

CRIMINAL CODE (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.

Gradation in the scale of punishments.

Amended by:

XI.1900.9.

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 33. 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.

33A. (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.

Amended by:

XI.1900.10;

V.1956.7;

XVIII.1976.52.

Increase in punishment for offences committed by prisoners in prison.

Added by:

XIII.2005.3.

Intoxication.

Added by:

XIII.1935.2.

Amended by:

V.1956.8.

CRIMINAL CODE act or omission.

Minors under fourteen years of age.

Amended by:

III.1899.10;

XI.1900.11;

XII.1913.1.

Substituted by:

V.1956.9.

Amended by:

XVIII.1980.15;

XIII.1983.5;

XXIX.1990.4;

L.N. 407 of 2007.

Substituted by:

III.2014.2.

Powers of the court.

CRIMINAL CODE 36. (Repealed by Act III.2014.3.).

38.

Minors under fourteen but over nine years acting with discretion.

Amended by:

IV.1856.6,7;

VI.1871.4;

II.1886.7;

XVI.1888.7;

XI.1900.12.

Substituted by:

V.1956.10.

Amended by:

XVIII.1980.15.

Substituted by:

III.2002.17.

Minors under sixteen years of age acting without mischievous discretion.

Added by:

XI.1900.12.

Amended by:

XII.1913.2.

Substituted by:

V.1956.11.

Amended by:

XVIII.1980.15.

Substituted by:

III.2014.4.

Repealed by: XVIII.1980.15.

Definition of "Approved Institution".

Amended by:

XII.1913.3.

Substituted by:

V.1956.12.

Amended by:

L.N. 4 of 1963;

XXXI.1966.2.

Rules concerning deafmutes.

Added by:

III.1899.13.

Amended by:

XI.1900.13.

Other rules concerning deafmutes.

Added by:

III.1899.13.

Amended by:

XI.1900.13;

XXI.1971.7;

XLIX.1981.4.

CRIMINAL CODE (iii) in the case of contraventions, they shall be liable to the punishments established for contraventions.

TITLE III

O F ATTEMPTED O FFENCE Attempted crime.

Attempted contravention. (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.

TITLE IV

O F A CCOMPLICES Complicity in crime.

Amended by:

VIII.1909.4.

Personal circumstances not communicable.

Real circumstances when communicable. (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.

47.

Any person who (a) constrains another person by an external force which such other person could not resist, to commit an offence; or Accomplice liable to punishment independently of the principal.

Constraint to commit offence, etc.

Added by:

V.1956.13. (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.

Complicity in contraventions.

TITLE IV BIS

Added by:

III.2002.18.

OF CONSPIRACY 48A. (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.

Added by:

III.2002.18.

Amended by:

XI.2018.25 CRIMINAL CODE planned or agreed upon between such persons.

TITLE V

O F RECIDIVISTS Definition of recidivist.

Amended by:

IV.1856.8;

XI.1900.14;

XXXI.2007.6.

Substituted by:

XXIV.2014.8.

Effect of previous conviction for crime.

Amended by:

XI.1900.14.

CRIMINAL CODE 51. 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.

Solitary confinement in the case of relapsers serving a life sentence.

Amended by:

XI.1900.14.

Exceptions.

Amended by:

XI.1900.14.

Effect of pardon in respect of recidivists.

Amended by:

XI.1900.14.

Effect of previous conviction for contravention.

Amended by:

XI.1900.14;

IX.1911.7;

XLIX.1981.4.

PART II

O F CRIMES AND P UNISHMENTS

Title I

OF GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES AND CRIMES OF AGGRESSION 54A. (1) It is a crime for a person to commit genocide, a crime against humanity, a war crime or a crime of aggression.

Substituted by:

XXIV.2014.9.

General.

Added by:

XXIV.2002.13.

Amended by:

XXIV.2014.10.

CRIMINAL CODE

Genocide.

Added by:

XXIV.2002.13.

54B. (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.

CRIMINAL CODE 54C. (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.

Crimes against humanity.

Added by:

XXIV.2002.13.

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.

War crimes.

Added by:

XXIV.2002.13.

Amended by:

XXIV.2014.11.

54D. 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) (vi) compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; 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;

CRIMINAL CODE (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 CRIMINAL CODE 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.

54DA. (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.

Added by:

XXIV.2014.12.

CRIMINAL CODE against a third State; and Responsibility of commanders and other superiors.

Added by:

XXIV.2002.13. (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.

54E. (1) This article applies in relation to offences under this Part.

CRIMINAL CODE 54F. (1) References in this Part to a person committing (a) genocide, Mental element.

Added by:

XXIV.2002.13. (b) a crime against humanity, or (c) a war crime, shall be construed in accordance with this article.

54G. (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.

Jurisdiction.

Added by:

XXIV.2002.13;

VIII.2015.4.

Protection of victims and witnesses.

Added by:

XXIV.2002.13.

Supplementary provisions for offences under this Title.

Added by:

XXIV.2002.13.

CRIMINAL CODE 54H. 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.

54I. (1) The following provisions apply in relation to offences under this Title.

Title I Bis

OF CRIMES AGAINST THE SAFETY OF THE GOVERNMENT Attempts against the President of Malta.

Amended by:

XXI.1971.8.

Substituted by:

XXVII.1975.3.

Amended by:

XLIX.1981.4.

Incitement to take away the life and liberty of the President of Malta or of any Minister Added by:

XI.2018.25.

55A. 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.

Insurrection or coup d’état.

Substituted by:

XXI.1971.9.

Amended by:

XXVII.1975.4;

XLIX.1981.4.

CRIMINAL CODE (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.

Extenuating circumstances.

Conspiracy against the State.

Amended by:

V.1868.4;

XLIX.1981.4.

Commencement of conspiracy.

Aggravating circumstance.

Provocation to perpetrate crimes against the safety of the Government.