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Chapter 9

Fil-qosor

Din il-liġi hija dwar il-Kodiċi Kriminali, li temenda u tikkonsolida l-Liġijiet Penali u l-Liġijiet tal-Proċedura Kriminali.

X'tirregola

Min tikkonċerna

Punti ewlenin

Legal text

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

  1. Incorporating also Article 3 of Ordinance II of 1867, Ordinance IV of 1872, Article 30 of Ordinance VI of 1880 and Ordinance XXXVII of
  2. 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
  3. 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
  4. Offences are divided into crimes and contraventions. 3.

(1)action. Every offence gives rise to a criminal action and a civil
(2)The criminal action is prosecuted before the courts of criminal jurisdiction, and the punishment of the offender is thereby demanded. Classification of offences. Amended by: XI.1900.1. Actions arising from an offence. Amended by: VI.1871.1.
(3)The civil action is prosecuted before the courts of civil jurisdiction, and compensation for the damage caused by the offence is thereby demanded. 4.
(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. Nature of criminal action. Amended by: L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.2; III.2002.2.
(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. Prosecution. 5.
(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 - Persons subject to 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. (
  1. a)against any person who commits an offence in Malta, or on the sea in any place within the territorial jurisdiction of Malta; (
  2. b)against any person who commits an offence on the sea beyond such limits on board any ship or vessel belonging to Malta; (
  3. 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; (
  4. 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); (
  1. e)against any person who being in Malta (
  2. 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 (
  1. 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 (
  2. i)of this paragraph it shall be immaterial whether the offender knew that the person was a protected person; (
  3. f)against any person who (
  4. 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 (
  5. ii)commits an offence in a place outside Malta when such person enjoys diplomatic immunity by virtue of such service; (
  6. 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 (
  1. d)or (
  2. e)of this sub-article, or in a crime which is committed by any act as is mentioned in paragraph (e)(
  3. 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; (
  4. 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; (
  5. 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: (
  1. 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; Exception. CRIMINAL CODE (
  2. 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; (
  3. 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 (
  4. i)if the other person is mentioned in paragraph (
  5. a)above, is accompanying him, (
  6. ii)if the other person is mentioned in paragraph (
  7. 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 (
  1. a)imprisonment; (
  2. b)solitary confinement; (
  3. c)interdiction; (
  4. 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 - Punishments to which crimes and contraventions are subject. 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.
(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 Punishment restrictive of personal liberty. 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. Imprisonment. 8.
(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. Solitary confinement. Amended by: XLIX.1981.4; III.2002.4. Duration of each term of solitary confinement. Rules to be observed. 9.
(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 CRIMINAL CODE 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. 10.
(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. Interdiction. Amended by: XI.1900.3; VIII.1909.1; VI.1947.3. General interdiction. Special interdiction. Duration of interdiction.
(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). 11.
(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 twentynine 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 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.
  1. Substituted by: XIII.1980.
  2. Amended by: XIII.1983.5; III.2002.5; L.N. 407 of 2007; XXI.2011.
  3. 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.
  4. Substituted by: III.2002.
  5. 12.
(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. 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. 13.
(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). Conversion of fine (ammenda) into detention.
(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:
(2)Where it is not otherwise specifically provided, no term of detention shall exceed two months. 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. 14.
(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 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.
(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. 15.
(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). 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.
(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 Power of court to fix other period of detention or imprisonment. 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. 16. 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. 17. In the case of concurrent offences and punishments, the following provisions shall apply: (
  1. 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; (
  2. 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; (
  3. 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; (
  4. 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; (
  5. 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; (
  6. 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); (
  7. 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; (
  8. 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. 18. 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. 19. 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. 20. 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. Continuous offence. Amended by: XI.1900.6; XIII.2018.24; XXIV.2019.3. 21. 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: 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.
  1. Computation of sentences of imprisonment. Added by: VI.1947.
  2. Substituted by: III.2002.
  3. CRIMINAL CODE may, upon conviction, decide not to impose any punishment on the person convicted.
  4. 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. Forfeiture of corpus delicti. Amended by: VI.1947.7; XXXI.2007.
  5. 23.
(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. 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.
(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. 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
(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. 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.
(2)(
  1. 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)(
  2. 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 CRIMINAL CODE 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. 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.
(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.
  1. 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.
  2. All disabilities arising, under the provisions of any law whatsoever, out of any punishment, are abolished. Liability of person having the charge of another, in case of contravention. Added by: VIII.1909.
  3. 26.
(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. Right of civil action unaffected. Amended by: VIII.1909.3.
(2)A pardon commuting or remitting a punishment lawfully awarded shall not operate so as to bar the civil action. Abolition of disabilities arising out of punishments. Amended by: VI.1871.2; XXI.1971.
  1. CRIMINAL CODE Difference between punishment at the time of the offence and that at the time of trial.
  2. 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. Rules as to the serving of punishments. Amended by: XII.1914.
  3. 28.
(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. 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.
(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 CRIMINAL CODE in this article shall be deemed to effect (
  1. 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 (
  2. 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 (
  1. a)where the person sentenced is already serving a sentence of imprisonment; (
  2. b)where the person sentenced is a recidivist within the terms of article 50; (
  3. 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. 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.
(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 Commission of an offence during the operational period. 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
(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). 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.
(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 (
  1. 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; (
  2. 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. 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
(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. 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.
(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: Concurrent offences and punishments in relation to suspended sentence. Added by: XXIX.1990.
  1. Amended by: VIII.1990.3; III.2002.
  2. 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). 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.
  1. Suspended sentence supervision order. Added by: XXIX.1990.
  2. Amended by: III.2002.14; L.N. 407 of 2007; XXIV.2014.
  3. 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 (
  1. a)a court orders that the suspended sentence passed in the proceedings in which the supervision order was made shall have effect; or (
  2. 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). CRIMINAL CODE
(10)Any reference to a supervision order shall be deemed to include a community service order. 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.
(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 timelimit, 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 Court direction for restitution or compensation. Added by: XXIX.1990.3. Amended by: XIII.2018.24; XXXII.2018.4. 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 timelimit 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. 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.
(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. 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. 29.
(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. CRIMINAL CODE
(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). 30.
(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 (
  1. 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 (
  2. 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. 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. 31.
(1)The ascent or descent from one degree of punishment to another shall be as follows: (
  1. 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); (
  2. b)subject to any special provision contained in this Code, the following shall be the scale of punishments of imprisonment: (
  3. i)from ten years to forty years; (
  4. ii)from eight years to thirty years, (iii) from seven to twenty years, (
  5. iv)from six to twelve years, (
  6. v)from five to nine years, (
  7. vi)from four to six years, (vii) from three to five years, (viii) from two to four years, (
  8. ix)from eighteen months to three years, (
  9. x)(
  10. xi)from thirteen months to two years, from nine to eighteen months, (xii) (xiii) (xiv) (
  11. xv)from seven months to one year, from five to nine months, from two to six months, from one to three months; (
  12. 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); (
  13. d)in the ascent from one degree to another, the order shall be inverted, commencing from the fifteenth degree; (
  14. 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; (
  15. 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; CRIMINAL CODE (
  16. 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. 32.
(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: Gradation in the scale of punishments. Amended by: XI.1900.
  1. 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
  2. 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.
(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. 34.
(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 (
  1. 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 (
  2. b)the person charged was by reason of the intoxication insane, temporarily or otherwise, at the time of such Defect of will. 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.
(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. 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. 35.
(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. Powers of the court.
(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. CRIMINAL CODE 36. (Repealed by Act III.2014.3.). 37.
(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. 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. 39. (Repealed by Act III.2014.5.). Rules concerning deafmutes. Added by: III.1899.13. Amended by: XI.1900.13. 40. The following rules shall be observed in the case of deafmutes who have acted with a mischievous discretion: (
  1. 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; (
  2. b)if at the time of the offence they have attained the age of eighteen years (
  3. 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; (
  4. ii)in the case of any other crime, they shall be liable to the punishment established by law diminished by one-third; 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. 41.
(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 (
  1. 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; Attempted contravention. (
  2. 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 Complicity in crime. Amended by: VIII.1909.4. 42. if he - A person shall be deemed to be an accomplice in a crime (
  1. a)commands another to commit the crime; or (
  2. 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 (
  3. c)procures the weapons, instruments or other means used in the commission of the crime, knowing that they are to be so used; or (
  4. d)not being one of the persons mentioned in paragraphs (a), (
  5. 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 (
  6. e)incites or strengthens the determination of another to commit the crime, or promises to give assistance, aid CRIMINAL CODE or reward after the fact. 43. 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. 44. 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. 45. 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 - Punishment for complicity. Personal circumstances not communicable. Real circumstances when communicable. (
  7. a)to the person who commits the act; (
  8. b)to the person with whose previous knowledge the act is committed; and (
  9. 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. 46. 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. 47. Any person who (
  10. 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. (
  11. 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. 48. The provisions contained in this Title shall also apply to contraventions. 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.
(2)The conspiracy referred to in sub-article
(1)shall subsist from the moment in which any mode of action whatsoever is Conspiracy. Added by: III.2002.18. Amended by: XI.2018.25 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 RECIDIVISTS Definition of recidivist. Amended by: IV.1856.8; XI.1900.14; XXXI.2007.6. Substituted by: XXIV.2014.8. 49.
(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: (
  1. a)it purports to be signed by a judge, magistrate or officer of the sentencing State; or (
  2. 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 (
  3. 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. Effect of previous conviction for crime. Amended by: XI.1900.
  2. 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. CRIMINAL CODE
  3. 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.
  5. 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.
  6. 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. Exceptions. Amended by: XI.1900.
  8. 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. Effect of pardon in respect of recidivists. Amended by: XI.1900.
  9. Effect of previous conviction for contravention. Amended by: XI.1900.14; IX.1911.7; XLIX.1981.
  10. 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.
(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. Substituted by: XXIV.2014.9. General. Added by: XXIV.2002.13. Amended by: XXIV.2014.10. 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 (
  1. a)any relevant Elements of Crimes adopted accordance with article 9 of the ICC Treaty, and in (
  2. 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. 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 (
  1. a)killing members of the group; (
  2. b)causing serious bodily or mental harm to members of the group; (
  3. c)deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (
  4. d)imposing measures intended to prevent births within the group; (
  5. 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. 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: (
  1. a)murder; (
  2. b)extermination; (
  3. c)enslavement; (
  4. d)deportation or forcible transfer of population; (
  5. e)imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (
  6. f)torture; (
  7. g)rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (
  8. 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; (
  1. i)enforced disappearance of persons; (
  2. j)the crime of apartheid; (
  3. 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; (
  1. 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; (
  2. 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; (
  3. 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; Crimes against humanity. Added by: XXIV.2002.13. CRIMINAL CODE (
  4. 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; (
  5. 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; (
  6. 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; (
  7. 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. 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: (
  1. 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: (
  2. i)wilful killing; (
  3. ii)torture or inhuman treatment, including biological experiments; (iii) wilfully causing great suffering, or serious injury to body or health; (
  4. iv)extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; CRIMINAL CODE (
  5. v)(
  6. 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; (
  7. 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: (
  8. i)intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (
  9. 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; (
  10. 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; (
  11. v)attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; (
  12. 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; (
  13. 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; (
  14. 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; (
  15. 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; (
  16. 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; (
  1. 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: (
  2. i)violence to life and person, in particular murder of all kind, mutilation, cruel treatment and torture; (
  3. ii)committing outrages upon personal dignity, in particular humiliating and degrading treatment; (iii) taking of hostages; (
  4. 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; (
  5. d)paragraph (
  6. 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; (
  7. 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: (
  8. i)intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (
  9. 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; (
  10. 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; (
  11. v)pillaging a town or place, even when taken by assault; (
  12. 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; (
  1. ix)killing or wounding treacherously a combatant adversary; (
  2. x)declaring that no quarter will be given; (
  3. 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; (
  4. 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; (
  5. f)paragraph (
  6. 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.
(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: (
  1. 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; (
  2. 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; (
  3. c)the blockade of the ports or coasts of a State by the armed forces of another State; (
  4. 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; (
  5. 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; (
  6. 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 Crime of aggression. Added by: XXIV.2014.12. CRIMINAL CODE against a third State; and Responsibility of commanders and other superiors. Added by: XXIV.2002.13. (
  7. 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.
(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
  1. be)his effective authority and control, as a result of his failure to exercise control properly over such forces where (
  2. 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 (
  3. 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 (
  1. a)he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences, (
  2. b)the offences concerned activities that were within his effective responsibility and control, and (
  3. 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 (
  1. a)any liability of the commander or superior apart from this article, or (
  2. b)the liability of persons other than the commander or superior. CRIMINAL CODE 54F.
(1)References in this Part to a person committing (
  1. a)genocide, Mental element. Added by: XXIV.2002.13. (
  2. b)a crime against humanity, or (
  3. 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)(
  1. a)to (
  2. 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 (
  1. a)a person has intent (
  2. i)in relation to conduct, where he means to engage in the conduct, and (
  3. 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 (
  4. 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. 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 (
  1. 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 (
  2. 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). Jurisdiction. Added by: XXIV.2002.13; VIII.2015.
  1. Protection of victims and witnesses. Added by: XXIV.2002.
  2. Supplementary provisions for offences under this Title. Added by: XXIV.2002.
  3. 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.
(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 Attempts against the President of Malta. Amended by: XXI.1971.
  1. Substituted by: XXVII.1975.
  2. Amended by: XLIX.1981.
  4. 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. Incitement to take away the life and liberty of the President of Malta or of any Minister Added by: XI.2018.
  5. 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.
  6. Amended by: XXVII.1975.4; XLIX.1981.
  7. 56.
(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: (
  1. a)taking up arms against the Government of Malta for the purpose of subverting it; (
  2. b)bearing arms in the service of any foreign Power against the Republic of Malta; (
  3. c)aiding the enemies of the Republic of Malta in any other manner whatsoever against the said Republic; (
  4. d)usurping or unlawfully assuming any of the executive powers of the Government of Malta, for the purpose of subverting it; CRIMINAL CODE (
  5. 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. Extenuating circumstances. 57.
(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. Conspiracy against the State. Amended by: V.1868.4; XLIX.1981.4. 58. A conspiracy shall subsist from the moment in which any mode of action whatsoever is planned or agreed upon between two or more persons. 59.
(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. Commencement of conspiracy. Aggravating circumstance. Provocation to perpetrate crimes against the safety of the Government.
(2)If the provocation shall produce no effect, the punishment shall b

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