shall be decreased from one to three degrees.
\n
60.In the crimes referred to in the preceding articles of this Title, any of the offenders who shall, before the commission of the crime or before any attempt to commit the crime, and prior to the commencement of any proceedings, give information thereof to the Government or to the authorities of the Government, shall be exempted from punishment.
\n
61.Whosoever, knowing that any of the crimes referred to in the preceding articles of this Title is about to be committed, shall not, within twenty-four hours, disclose to the Government or to the authorities of the Government, the circumstances which may have come to his knowledge, shall, for the mere omission, be liable, on conviction, to imprisonment for a term from nine to eighteen months.
\n
62.The provisions of the last preceding article shall not apply to the spouse, the ascendants or descendants, the brother or sister, parents of either spouse, spouses of either child, the uncle or aunt, the nephew or niece, and the brother-in-law or sister-in-law of a principal or an accomplice in the crime so not disclosed.
\n
Exemption from punishment.
\n
Failure to disclose.
\n
Exemptions.
\n
Amended by:
\n
XXIII.2017.3.
\n
CRIMINAL CODE
\n
TITLE II
\n
O F CRIMES AGAINST THE P UBLIC P EACE When offence is deemed to be accompanied with public violence.
\n
Amended by:
\n
IX.1859.2.
\n
63.Any offence committed by three or more persons assembled with intent to commit an offence, and two of whom carry arms proper, shall be deemed to be accompanied with public violence.
\n
Definition of \"arms proper\" and \"arms improper\".
\n
Amended by:
\n
XI.1900.15.
\n
64.(1) Arms proper are all fire-arms and all other weapons, instruments and utensils which are mainly intended for defensive or offensive purposes.
\n
Punishment for offences accompanied with public violence.
\n
Amended by:
\n
IX.1859.3.
\n
65.(1) The punishment for an offence accompanied with public violence, shall be higher by one degree than the punishment provided for the same offence when not accompanied with public violence.
\n
(2)All other weapons, instruments or utensils are not considered as arms, except when they are actually made use of for any offensive or defensive purpose, in which case they are called arms improper.
\n
(2)In no case shall the punishment be less than that provided in article 66.
\n
Assembly under arms.
\n
Amended by:
\n
IX.1859.4.
\n
66.The persons assembled as provided in article 63 shall, for the mere fact of having so assembled, be liable to imprisonment for a term from one to three months.
\n
Conspiracy.
\n
67.Any crime committed by any of the persons mentioned in article 63, shall, for the purposes of punishment, be considered as being accompanied with public violence if in the commission of the crime such persons shall have acted in pursuance of a common design.
\n
68.(1) Whosoever shall incite an assembly of persons, who when so incited shall be ten or more in number, for the purpose of committing an offence, shall, for the mere fact of the incitement, be liable, on conviction, to imprisonment for a term from one to three months or to a fine (multa).
\n
Unlawful assembly.
\n
Amended by:
\n
IX.1859.5;
\n
VIII.1909.5.
\n
(2)Whosoever shall take an active part in an assembly of ten or more persons for the purpose of committing an offence, although the said assembly may not have been incited by any one in particular, shall, on conviction, be liable to imprisonment for a term from three days to three months or to a fine (multa).
\n
(3)Where the offence which such assembly of persons intended to commit is committed, then, if the punishment established for the offence is less than the punishments aforesaid, these punishments shall be applied with an increase of one degree; if, however, the punishment established for the offence is greater than, or equal to, the punishments aforesaid, then that punishment shall be applied with an increase of one degree.
\n
CRIMINAL CODE 69.
\n
Whosoever shall publicly instigate any other person to commit an offence, shall, for the mere fact of the instigation, be liable, on conviction, to (a) imprisonment for a term from two to five years, in the case of a crime liable to a punishment higher than the punishment of imprisonment for a term of three years; or Instigation to commit an offence.
\n
Amended by:
\n
XLIX.1981.4. (b) imprisonment for a term not exceeding two years, in the case of a crime liable to the punishment of imprisonment for a term not exceeding three years; or (c) a fine (multa) or detention, in the case of any other offence.
\n
70.Whosoever shall publicly incite any other person to disobey the law, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa), or, in minor cases, to detention or to a fine (ammenda).
\n
71.Whosoever shall, by any unlawful means not amounting to the crime referred to in article 56, endeavour to compel the President of Malta or the Government of Malta, to change his or their measures or counsels, shall, on conviction, be liable to imprisonment for a term from six months to two years.
\n
72.
\n
Deleted by XI.2018.25.
\n
73.If three or more persons shall unlawfully assemble, or being unlawfully assembled, shall continue so together, with intent, by public speeches, exhibition of flags, inscriptions, or other means or devices whatsoever, to excite other persons to attempt to alter any matter established by law, by violent means, every person so offending shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
\n
74.If two or more persons shall conspire to incite other persons to attempt the alteration of any matter established by law, by violent means, every person so offending shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
\n
75.
\n
Deleted by XI.2018.25.
\n
76.(1) Whosoever shall administer, or cause to be administered or taken, any oath or engagement intended to bind the person taking the same to engage in any mutinous or seditious purpose, or to disturb the public peace, or to be of any association, society or confederacy formed for any such purpose, shall, on conviction, be liable to imprisonment for a term from seven months to two years.
\n
Incitement to disobey the law.
\n
Unlawful endeavour to compel Government to alter measures or counsels.
\n
Amended by:
\n
XXI.1971.10;
\n
XXVII.1975.5.
\n
Contempt of the President.
\n
Amended by:
\n
XXVII.1975.6.
\n
Unlawful assembly with seditious violent intent.
\n
Amended by:
\n
XXI.1971.11;
\n
XXVII.1975.7;
\n
XLIX.1981.4;
\n
XI.2018.25.
\n
Seditious conspiracy.
\n
Amended by:
\n
XXVII.1975.8;
\n
XLIX.1981.4;
\n
XI.2018.25.
\n
False imputation of misconduct in the administration of the Government.
\n
Amended by:
\n
XXVII.1975.9.
\n
Administering unlawful oath.
\n
CRIMINAL CODE
\n
(2)The punishment established in sub-article (1) shall also apply, where the oath or engagement is intended to bind the person taking the same in any of the modes following: (a) to obey the orders of any committee or body of men not lawfully constituted, or of any leader or other person not having authority by law for that purpose; (b) not to inform or give evidence against any associate or other person, or not to reveal or discover any illegal act done, attempted, or intended to be done by such person or any other.
\n
Person taking unlawful oath.
\n
Amended by:
\n
IX.1982.2.
\n
77.The punishment established in the last preceding article shall apply to any person who shall take any such oath or engagement as provided in that article, unless he shall have been compelled thereto:
\n
Provided that compulsion shall not justify or excuse any person taking such oath or engagement, unless he shall, within four days after such compulsion shall cease, report the fact to the public authorities.
\n
Inciting to sedition or to mutiny.
\n
Amended by:
\n
XXVII.1975.10;
\n
XLIX.1981.4.
\n
Tumultuous assembly.
\n
Amended by:
\n
XXVII.1975.10;
\n
XLIX.1981.4.
\n
Aggravating circumstance.
\n
Disobedience of order for dispersal.
\n
Assembly when not unlawful.
\n
Amended by:
\n
XXVII.1975.12.
\n
78.Whosoever shall endeavour to seduce any person serving in the Armed Forces of Malta from his duty and allegiance to the Republic of Malta, or to incite or stir up any such person to commit any act of mutiny, or to make or endeavour to make any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, shall, on conviction, be liable to imprisonment for a term from nine months to three years.
\n
79.(1) If three or more persons shall assemble or shall continue together, for any purpose whatsoever, in such manner and under such circumstances of violence, threats, tumults, numbers, display of arms or otherwise, as are calculated to create terror and alarm among persons in Malta, every such assembly shall be deemed unlawful, and every person forming part of such assembly shall, on conviction, be liable to imprisonment for a term from four to twelve months.
\n
(2)Where the unlawful assembly shall proceed, either wholly or in part, to execute their common design, or shall attempt so to do, any person so assembling shall, on conviction, be liable to imprisonment for a term from six to eighteen months.
\n
80.If twelve or more persons being unlawfully assembled together to the disturbance of the public peace, and being formally warned or required by any competent authority to disperse themselves and peaceably to depart to their habitations or to their lawful business, shall, to the number of twelve or more, unlawfully remain or continue together for the space of one hour after such public warning shall have been given, every such offender shall, on conviction, be liable to imprisonment for a term from nine months to three years.
\n
81.There shall not be deemed to be an unlawful assembly under the provisions of the preceding articles, where three or more persons shall assemble for the common purpose of assisting in the CRIMINAL CODE defence of the possession of the dwelling-house or other property of any one of them or in the defence of the person of any one of them although they may execute or endeavour to execute such purpose, or otherwise conduct themselves violently and tumultuously, or in such manner and under such circumstances as are calculated to create terror and alarm among persons in Malta.
\n
82.Whosoever shall maliciously spread false news which is likely to alarm public opinion or disturb public good order or the public peace or to create a commotion among the public or among certain classes of the public, shall, on conviction, be liable to imprisonment for a term from one to three months:
\n
Provided that if any disturbance ensues in consequence of the offence, or if the offence has contributed to the occurrence of any disturbance, the offender shall be liable to imprisonment for a term of not less than one month but not exceeding six months and to a fine (multa) not exceeding one thousand euro (€1,000) or both such fine and imprisonment.
\n
82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion or whereby s u c h v i o l e n c e o r h a t r e d i s l i k e l y, h a v i n g r e g a r d t o a l l t h e circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six (6) to eighteen (18) months:
\n
Provided that, for the purposes of this Code, unless the context otherwise requires, \"disability\" means the same as the meaning assigned to it in article 2 of the United Nations Convention on the Rights of Persons with Disabilities Act.
\n
(2)For the purposes of sub-article (1) \"violence or hatred\" means violence or hatred against a person or against a group of persons in Malta defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion.
\n
82B. Whosoever publicly condones, denies or grossly trivialises genocide, crimes against humanity and war crimes directed against a group of persons or a member of such a group defined by reference to race, colour, religion, citizenship, descent or national or ethnic origin when the conduct is carried out in a manner (a) likely to incite to violence or hatred against such a group or a member of such a group; (b) likely to disturb public order or which is threatening, abusive or insulting, shall, on conviction, be liable to imprisonment for a term from eight months to two years:
\n
Spreading of false news.
\n
Added by:
\n
VI.1933.2.
\n
Amended by:
\n
XI.2018.25.
\n
Incitement to racial hatred, etc.
\n
Added by:
\n
III.2002.19.
\n
Amended by:
\n
XI.2009.2;
\n
VIII.2012.2;
\n
XXIV.2014.13;
\n
XXXVII.2016.2.
\n
Substituted by:
\n
LXV.2021.2.
\n
Condoning, denying or trivialising genocide, etc., against a group.
\n
Added by:
\n
XI.2009.3.
\n
Amended by:
\n
XXIV.2014.14.
\n
CRIMINAL CODE Provided that for the purposes of this article \"genocide\", \"crimes against humanity\" and \"war crimes\" shall have the same meaning assigned to them in article 54A.
\n
Condoning, denying or trivialising crimes against peace against a group.
\n
Added by:
\n
XI.2009.3.
\n
Amended by:
\n
VIII.2012.3;
\n
XXIV.2014.15;
\n
LXV.2021.3.
\n
82C. (1) Whosoever publicly condones, denies or grossly trivialises crimes against peace directed against a person or a group of persons defined by reference to gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion when the conduct is carried out in a manner(a) likely to incite to violence or hatred against such a person or group; or (b) likely to disturb public order or which is threatening, abusive or insulting, shall, on conviction, be liable to imprisonment for a term from eight months to two years.
\n
(2)For the purposes of this article a crime against peace means conduct consisting of: (a) the planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances; (b) participation in a common plan or conspiracy for the accomplishment of any of the acts referred to in paragraph (a).
\n
Aiding, abetting or instigating offences under articles 82A to 82C.
\n
Added by:
\n
XI.2009.3.
\n
82D. Whosoever aids, abets or instigates any offence under articles 82A to 82C, both inclusive, shall be guilty of an offence and shall be liable on conviction to the punishment laid down for the offence aided, abetted or instigated.
\n
Applicability of articles 121D, 208B(5), 248E(4) and 328.
\n
Added by:
\n
XI.2009.3.
\n
82E. (1) The provisions of articles 121D, 208B(5) and 248E(4) shall apply mutatis mutandis to an offence under articles 82A to 82D, both articles inclusive.
\n
Promotion of political object by use or display of physical force.
\n
Added by:
\n
XV.1959.2.
\n
Substituted by:
\n
XV.1973.2.
\n
Amended by:
\n
XIII.1983.5;
\n
L.N. 407 of 2007;
\n
XXIV.2014.16.
\n
(2)The provisions of article 328K shall also apply mutatis mutandis to any offence under articles 82A to 82D, both articles inclusive, as if the reference to article 328J in article 328K were a reference to article 121D.
\n
83.Any person who establishes, maintains on his own or with other persons or belongs to any association of persons who are organised and trained or organised and equipped for the purpose of enabling them to be employed for the use or display of physical force in promoting any political object shall be guilty of an offence and liable, on conviction, to a fine (multa) not exceeding five thousand euro (€5,000) or to imprisonment for a term from nine months to five years, or to both such fine and imprisonment.
\n
CRIMINAL CODE 83A. (1) Any person who (a) promotes, constitutes, organises or finances an organization with a view to commit criminal offences liable to the punishment of imprisonment for a term of four years or more; or (b) knowing or having reasonable cause to suspect the aim or general activity of the organization set up for the purpose mentioned in paragraph (a), actively takes part in the organisation’s criminal activities, including but not limited to the provision of information or material means or the recruitment of new members, shall be guilty of an offence and shall liable, on conviction, to the punishment of imprisonment for a term from four to nine years.
\n
(2)Any person who belongs to an organisation referred to in sub-article (1) shall for that mere fact be liable to the punishment of imprisonment for a term from two to seven years.
\n
(3)Where the number of persons in the organisation is ten or more the punishment in the preceding sub-articles shall be increased form one to two degrees.
\n
(4)Where the person found guilty of an offence under this title is the director, manager, secretary or other principal officer of a body corporate or is a person having a power of representation of such a body or having an authority to take decisions on behalf of that body or having authority to exercise control within that body and the offence of which that person was found guilty was committed for the benefit, in part or in whole, of that body corporate, the said person shall for the purposes of this title be deemed to be vested with the legal representation of the same body corporate which shall be liable as follows: (a) where the offence of which the person was found guilty is the offence in sub-article (1), to the payment of a fine (multa) of not less than thirty-four thousand and nine hundred and forty euro and sixty cents (€34,940.60) and not more than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67); (b) where the offence of which the person was found guilty is the offence in sub-article (2), to the payment of a fine (multa) of not less than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) and not more than sixty-nine thousand and eight hundred and eighty-one euro and twenty cents (€69,881.20); (c) where the offence of which the person was found guilty is punishable as provided in sub-article (3) of this article (i) where the offence is that provided in sub-article
\n
(1), to the punishment of a fine (multa) of not less than forty-six thousand and five hundred and eighty-seven euro and forty-seven cents Promoting, etc., an organization of two or more persons with a view to commit criminal offences.
\n
Added by:
\n
III.2002.20.
\n
Amended by:
\n
L.N. 407 of 2007;
\n
XXIV.2014.17;
\n
VIII.2015.5.
\n
CRIMINAL CODE (€46,587.47) and not more than one million and one hundred and sixty-four thousand and six hundred and eighty-six euro and seventy cents (€1,164,686.70); (ii) where the offence is that provided in sub-article
\n
(2), to the punishment of a fine (multa) of not less than thirty-four thousand and nine hundred and forty euro and sixty cents (€34,940.60) and not more than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67).
\n
(5)The criminal action for an offence against the provisions of this article may be prosecuted in Malta notwithstanding that the organization of persons is based or pursues its criminal activities outside Malta.
\n
Amended by:
\n
XXIV.2014.18;
\n
LXV.2021.4.
\n
General provision.
\n
Added by:
\n
XI.2009.4.
\n
Amended by:
\n
VIII.2012.4;
\n
XXIV.2014.19;
\n
LXV.2021.5.
\n
GENERAL PROVISION APPLICABLE TO OFFENCES WHICH ARE RACIALLY OR DISABILITY OR AGE AGGRAVATED OR MOTIVATED BY XENOPHOBIA OR HOMOPHOBIA 83B. The punishment established for any offence shall be increased by one to two degrees when the offence is aggravated or motivated, wholly or in part by hatred against a person or a group, on the grounds of gender, gender identity, sexual orientation, race, colour, language, national or ethnic origin, age, disability, citizenship, religion or belief or political or other opinion within the meaning of sub-articles
\n
(3)to (6), both inclusive, of article 222A:
\n
Provided that the provisions of this article shall not apply where an aggravation of punishment in respect of the motives mentioned in this article is already provided for under this Code or any other law.
\n
Offences committed by a body corporate.
\n
Added by:
\n
XXIV.2014.20.
\n
Amended by:
\n
VIII.2015.6.
\n
83C. Whenever an offence is committed for the benefit, in part or in whole, of a body corporate by a person who has the power of representation of the body corporate, authority to take decisions on behalf of the body corporate, or authority to exercise control of the body corporate, without prejudice to any other punishment to which the body corporate may be liable under any other provision of this Code or of any other law, the said body corporate may be subject to: (a) exclusion from entitlement to public benefits or aid; (b) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity; (c) placing under judicial supervision; (d) the compulsory winding up of the body corporate; or (e) the temporary or permanent closure of any establishment which may have been used for the commission of the offence:
\n
Provided that the provisions of this article shall not apply CRIMINAL CODE where the punishment mentioned in this article is already provided for under this Code or any other law.
\n
TITLE III
\n
O F CRIMES AGAINST THE A DMINISTRATION OF JUSTICE AND OTHER PUBLIC ADMINISTRATIONS Sub-title I O F THE U SURPATION OF P UBLIC AUTHORITY AND OF THE P OWERS THEREOF O F THE U SURPATION OF FUNCTIONS 84. Whosoever shall assume any public function, whether civil or military, without being entitled thereto, and shall perform any act thereof, shall, on conviction, be liable to imprisonment for a term from four months to one year.
\n
Unlawful exercise of public functions.
\n
O F THE U NLAWFUL A SSUMPTION BY P RIVATE P ERSONS OF P OWERS BELONGING TO P UBLIC A UTHORITY 85. (1) Whosoever, without intent to steal or to cause any wrongful damage, but only in the exercise of a pretended right, shall, of his own authority, compel another person to pay a debt, or to fulfil any obligation whatsoever, or shall disturb the possession of anything enjoyed by another person, or demolish buildings, or divert or take possession of any water-course, or in any other manner unlawfully interfere with the property of another person, shall, on conviction, be liable to imprisonment for a term from one to three months:
\n
Provided that the court may, at its discretion, in lieu of the above punishment, award a fine (multa):
\n
Provided further that it shall be a defence for the person accused of this offence to prove that such disturbance was done as a temporary measure imposed by actual necessity either in lawful selfdefence or in the lawful defence of another person:
\n
Provided further that in cases of arbitrary or forced evictions of an occupant from the property which he occupies as his primary residence, including any unpermitted entry into the property, removal of furniture, appliances or personal belongings from the property, or the suspension or interruption of water and electricity services, in whichever manner, including the installation of devices which enable the owner to suspend the direct supply of water and electricity services Arbitrary exercise of pretended rights.
\n
Amended by:
\n
XVI.2006.2.
\n
XIII.2018.24;
\n
XXVIII.2019.35.
\n
CRIMINAL CODE to the property, the fine (multa) shall not be less than one thousand five hundred euro (€1,500) and not more than four thousand euro (€4,000).
\n
Illegal arrest, detention or confinement.
\n
Amended by:
\n
XLIX.1981.4.
\n
(2)The provisions of article 377(5) shall apply in the case of any conviction under sub-article (1) and when the conduct of the offender has resulted in a person being despoiled the Court shall apply the provisions of that sub-article in order to ensure that the person despoiled is fully revested in the position before he was despoiled.
\n
86.Whosoever, without a lawful order from the competent authorities, and saving the cases where the law authorizes private individuals to apprehend offenders, arrests, detains or confines any person against the will of the same, or provides a place for carrying out such arrest, detention or confinement, shall, on conviction, be liable to imprisonment for a term from seven months to two years:
\n
Provided that the court may, in minor cases, award imprisonment for a term from one to three months or a fine (multa).
\n
Aggravating circumstances.
\n
Amended by:
\n
XLIX.1981.4;
\n
IV.1994.2;
\n
XVII.1996.19;
\n
XX.2005.10;
\n
LII.2020.2;
\n
LXIV.2021.3.
\n
87.(1) The punishment for the crime referred to in the last preceding article, shall be imprisonment for a term from thirteen
\n
(13)months to six (6) years if any one or more of the following circumstances results: (a) if the detention or confinement continues for more than twenty days; (b) if the arrest is effected with the unauthorized use of a uniform, or under an assumed name, or under a warrant falsely purporting to be issued by a public authority; (c) if the individual arrested, detained or confined, is subjected to any bodily harm, or is threatened with death; (d) if the detention or confinement is continued by the offender notwithstanding his knowledge that a writ or warrant for the release or delivery of the person detained or confined has been issued by the competent authority; (e) if the crime is committed with the object of extorting money or effects, or of compelling any other person to agree to any transfer of property belonging to such person; (f) if the crime is committed for the purpose of forcing another person to do or to omit an act, which, if voluntarily done or omitted, would be a crime; (g) if the crime is committed as a means of compelling a person to do an act or to submit to treatment injurious to the modesty of that person’s sex; (h) if the crime is committed on the person of the father, mother or on any person mentioned in article 202(h).
\n
(2)Where a person who commits the crime referred to in the CRIMINAL CODE last preceding article threatens to kill, to injure or to continue to detain or confine the person arrested, detained or confined, with the object of compelling a state, an international governmental organisation or person to do or to abstain from doing an act he shall be liable to the punishment of imprisonment from seven years to life.
\n
88.Where the bodily harm referred to in paragraph (c) of the last preceding article is liable to a punishment higher than the pun ish me nt of i m priso nm ent for a term o f two years, or is committed or accompanied with any kind of torture, the punishment shall be imprisonment for a term from four to six years.
\n
89.The punishment for the illegal arrest, detention or confinement of a person, without the concurrence of any of the circumstances mentioned in article 87(b), (c), (d), (e), (f) and (g), and in the last preceding article, shall be imprisonment for a term from seven months to one year, where the offender, before the commencement of any proceedings at law, restores to liberty the person arrested, detained or confined, within twenty-four hours after the arrest, detention or confinement, provided that during this interval the offender has not attained the object for which such person has been arrested, detained or confined.
\n
89A. (1) Whosoever removes from Malta or retains a minor under the age of sixteen (16) years abroad in breach of an order given by the Maltese court or in breach of a care order issued by a competent authority in accordance with the Minor Protection (Alternative Care) Act shall, on conviction, be liable to imprisonment from thirteen (13) months to three (3) years.
\n
(2)Punishment for illegal arrest, etc., accompanied with bodily harm. Amended by:
\n
XLIX.1981.4.
\n
Extenuating circumstance.
\n
Removal from Malta of a minor in breach of an order of any authority.
\n
Added by:
\n
LXIV.2021.4.
\n
For the purposes of this article: (a) \"removes from Malta\" means the removal from Malta of a minor, even if by deceit or fraud and even if by a person having parental authority over the minor in breach of a court order or of a care order as referred to in sub-article
\n
(1); (b) \"retain\" means the retention outside Malta for a period of more than three (3) days of a minor, even if by deceit or fraud and even if by a person having parental authority over the minor in breach of a court order or of a care order as referred to in sub-article (1).
\n
90.Whosoever unlawfully and forcibly removes any person to any other country, or wrongfully detains, arrests or confines any citizen of Malta in any other country, shall, on conviction, be liable to the punishment laid down in article 87.
\n
Unlawful removal of persons to a foreign country or unlawful confinement therein.
\n
Amended by:
\n
XXVII.1975.13.
\n
CRIMINAL CODE Sub-title II O F O UTRAGE AND V IOLENCE AGAINST PUBLIC O FFICERS Violence and threats against public officers.
\n
Amended by:
\n
V.2014.2.
\n
Definition of \"public officer\".
\n
Reviling or threatening judge, Attorney General, magistrate or juror.
\n
Amended by:
\n
VI.1871.6;
\n
XI.1900.16;
\n
L.N. 46 of 1965;
\n
LVIII.1974.68;
\n
V.2014.3.
\n
Aggravating circumstance.
\n
91.Whosoever by violence or threats compels a public officer to do or not to do any act appertaining to his office, shall, on conviction, be liable to imprisonment for a term from one to five years and to a fine (multa) of not less than four thousand euro (€4,000) and not more than ten thousand euro (€10,000).
\n
92.The general expression \"public officer\", includes not only the constituted authorities, civil and military, but also all such persons as are lawfully appointed to administer any part of the executive power of the Government, or to perform any other public service imposed by law, whether it be judicial, administrative or mixed.
\n
93.(1) Whosoever reviles or threatens a judge, or the Attorney General, or a magistrate or a juror, while in the exercise of his functions or because of his having exercised his functions, or with intent to intimidate or unlawfully influence him in the exercise of his functions, shall, on conviction, be liable to imprisonment for a term from nine to eighteen months and to a fine (multa) of not less than five hundred euro (€500) and not more than one thousand five hundred euro (€1,500).
\n
(2)If the object of the vilification is that of damaging or diminishing the reputation of the person against whom it is directed, the punishment shall be imprisonment for a term from twelve months to two years and to a fine (multa) of not less than seven hundred euro (€700) and not more than two thousand and five hundred euro (€2,500).
\n
(3)Where the threat is of a crime, the punishment shall be imprisonment for a term from eighteen months to three years and to a fine (multa) of not less than one thousand five hundred euro (€1,500) and not more than four thousand euro (€4,000), and if the threat be made by means of any writing, whether anonymous or signed in one’s own name or in a fictitious name, the punishment shall be increased by one degree, and in either case, the offender may be required to enter into a recognizance as provided in articles 3 8 3 , 3 8 4 a n d 3 8 5 , w i t h o r w i t h o u t s u r e t y, a c c o r d i n g t o circumstances.
\n
(4)Where the offences referred to in this article are committed against an officer of the Attorney General’s office, when acting under the direction of the Attorney General in anything in which the Attorney General is to act in his own individual judgement or in connection with his office, the offender shall be liable to the same punishment established in the preceding sub-articles.
\n
CRIMINAL CODE 94. (1) Whosoever shall cause a bodily harm to any of the persons mentioned in the last preceding article, while in the exercise of his functions or because of his having exercised his functions, or with intent to intimidate or unduly influence him in the exercise of his functions, shall, on conviction, be liable to imprisonment for a term from four to seven years and to a fine (multa) of not less than five thousand euro (€5,000) and not more than twenty five thousand euro (€25,000).
\n
Bodily harm caused to judge, Attorney General, magistrate or juror.
\n
Amended by:
\n
IX.1859.6;
\n
XI.1900.I7;
\n
XLIX.1981.4;
\n
V.2014.4.
\n
(2)Where the bodily harm is of such a nature that, if caused to any person other than those mentioned in the last preceding article, it would render the offender liable to a higher punishment, such higher punishment shall be awarded, with an increase of one degree.
\n
95.Whosoever, in any other case not referred to in the last preceding two articles, reviles, or threatens, or causes a bodily harm to any person lawfully charged with a public duty, including a public officer and a public employee as defined in article 2 of the Public Administration Act, while in the act of discharging his duty or because of his having discharged such duty, or with intent to intimidate or unduly influence him in the discharge of such duty, shall on conviction be liable to the punishment established for the vilification, threats, or bodily harm, when not accompanied with the circumstances mentioned in this article, increased by two degrees and to a fine (multa) of not less than one thousand and two hundred euro (€1,200) and not more than seven thousand and five hundred euro (€7,500).
\n
96.
\n
Whosoever assaults or resists by violence or active force not amounting to public violence, any person lawfully charged with a public duty, including a public officer and a public employee as defined in article 2 of the Public Administration Act, when in the execution of the law or of a lawful order issued by a competent authority, shall on conviction be liable:
\n
Vilification, threats or bodily harm against any person lawfully charged with a public duty, including public officers and public employees.
\n
Cap. 595. Amended by:
\n
IV.1856.10;
\n
XI.1900.18, 19;
\n
XLIX.1981.4;
\n
V.2014.5.
\n
Substituted by:
\n
IV.2025.2.
\n
Assault or resistance.
\n
Amended by:
\n
XLIX.1981.4;
\n
V.2014.6.
\n
Substituted by:
\n
IV.2025.3. (a) where the assault or resistance is committed by one
\n
(1)or two (2) persons, to imprisonment for a term from one (1) year to four (4) years and to a fine (multa) of not less than six thousand euro (€6,000) and not more than fifteen thousand euro (€15,000); (b) where the assault or resistance is committed by three (3) or more persons, to imprisonment for a term from eighteen (18) months to six (6) years and to a fine (multa) of not less than seven thousand and five hundred euro (€7,500) and not more than twenty-two thousand and five hundred euro (€22,500).
\n
97.If any of the offenders mentioned in the last preceding article shall use any arm proper in the act of the assault or resistance, or shall have previously provided himself with any such arm with the design of aiding such assault or resistance, and shall, on apprehension, be found in possession of any such arm, he shall be liable to imprisonment for a term from eighteen months to six years and to a fine (multa) of not less than twelve thousand euro (€12,000) Aggravating circumstance.
\n
Amended by:
\n
IX.1859.7;
\n
V.1956.14;
\n
XLIX.1981.4;
\n
V.2014.7;
\n
IV.2025.4.
\n
Assault or resistance accompanied with public violence.
\n
Amended by:
\n
XLIX.1981.4.
\n
Substituted by:
\n
IV.2025.5.
\n
CRIMINAL CODE and not more than thirty thousand euro (€30,000).
\n
98.Where any of the crimes referred to in article 96 is accompanied by public violence, the punishment shall be imprisonment for a term from three years to seven years and to a fine (multa) of not less than ten thousand euro (€10,000) and not more than twenty-five thousand euro (€25,000).
\n
Non-applicability of articles 28A, 28B, 28C, 28D, 28E, 28F, 28G, 28H, 28I and article 22 of the Probation Act.
\n
Added by:
\n
IV.2025.6.
\n
98A. The provisions of articles 28A, 28B, 28C, 28D, 28E, 28F, 28G, 28H, 28I of this Code and article 22 of the Probation Act shall not apply to articles 96, 97 and 98 of this Code.
\n
Exemption from punishment in case of desistance.
\n
99.No punishment shall be awarded for the mere act of the assault or resistance mentioned in articles 96 and 98 against any person who, although he shall have attempted to commence or shall have actually commenced to act, shall, at the first warning given by the person assaulted or to whom resistance is offered, or by any public authority, desist from the further commission of the crime.
\n
99A. (1) The following provisions shall apply to the offences under this Sub-title.
\n
General provisions.
\n
Added by:
\n
V.2014.8.
\n
(2)The provisions of article 21 shall not apply in respect of any person convicted of an offence under this Sub-title.
\n
(3)Any fine (multa) to which the person convicted has been sentenced to pay may be recovered as a civil debt and the sentence of the Court shall constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure.
\n
Sub-title III Amended by:
\n
IV.1856.11.
\n
O F CALUMNIOUS A CCUSATIONS, OF P ERJURY AND OF FALSE SWEARING Interpretation.
\n
Added by:
\n
XXI.1971.13.
\n
Substituted by:
\n
III.2002.21.
\n
100.In this Sub-title \"criminal proceedings\" includes the inquiry referred to in Sub-title II of Title II of Part I of Book Second of this Code and any proceedings under the Malta Armed Forces Act.
\n
Calumnious accusations.
\n
Amended by:
\n
IX.1859.8;
\n
V.1956.15;
\n
XLIX.1981.4.
\n
101.(1) Whosoever, with intent to harm any person, shall accuse such person before a competent authority with an offence of which he knows such person to be innocent, shall, for the mere fact of having made the accusation, on conviction, be liable (a) to imprisonment for a term from thirteen to eighteen months, if the false accusation be in respect of a crime liable to a punishment higher than the punishment of imprisonment for a term of two years; (b) to imprisonment for a term from six to nine months, if the false accusation be in respect of a crime liable to a CRIMINAL CODE punishment not higher than the punishment of imprisonment for a term of two years, but not liable to the punishments established for contraventions; (c) to imprisonment for a term from three days to three months, if the false accusation be in respect of any other offence.
\n
(2)Where the crime is committed with intent to extort money or other effects, the punishment shall be increased by one degree.
\n
102.Whosoever, in any civil or criminal proceedings, suborns a witness, a referee, or an interpreter, to give false evidence or to make a false report or a false interpretation, shall, on conviction, be liable (a) where the false evidence, report or interpretation has been given or made, to the punishment to which a person giving false evidence would be liable;
\n
Aggravating circumstances.
\n
Subornation or attempted subornation of witness, referee or interpreter.
\n
Amended by:
\n
XI.1900.20;
\n
III.2002.22;
\n
XXXI.2007.7. (b) where there has only been an attempt of subornation of a witness, a referee, or an interpreter, to the same punishment decreased by one or two degrees; (c) where the subornation has been committed by the use of force, threats, intimidation or by promising, offering or giving of an undue advantage to induce false testimony, to the punishment mentioned in paragraph (a) increased by one or two degrees.
\n
103.Whosoever, in any civil or criminal proceedings, shall cause a false document to be prepared or shall knowingly produce a false document, shall be liable to the same punishment as the forger thereof.
\n
104.(1) Whosoever shall give false evidence in any criminal proceedings for a crime liable to a punishment higher than the punishment of imprisonment for a term of two years, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from two to five years.
\n
(2)Where, however, the person accused shall have been sentenced to a punishment higher than that of imprisonment for a term of five years, the witness who shall have given false evidence against such person in the trial, or of whose evidence use shall have been made against such person in the trial, shall be liable to such higher punishment.
\n
105.Whosoever shall give false evidence in any criminal proceedings for an offence not referred to in the last preceding article, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from nine months to two years.
\n
106.(1) Whosoever shall give false evidence in civil matters, shall, on conviction, be liable to imprisonment for a term from seven months to two years.
\n
(2)The provisions of sub-article (1) shall apply to any person who, being a party to a civil action, shall make a false oath.
\n
Preparation or production of false documents.
\n
Perjury in certain criminal trials.
\n
Amended by:
\n
VIII.1909.6;
\n
XXI.1971.12;
\n
XLIX.1981.4;
\n
XIV.1983.2;
\n
III.2002.23;
\n
XVI.2006.3.
\n
Perjury in other criminal trials.
\n
Amended by:
\n
IX.1859.9;
\n
XLIX.1981.4;
\n
III.2002.24.
\n
Perjury in civil proceedings.
\n
Amended by:
\n
XII.1914.7;
\n
XLIX.1981.4;
\n
III.2002.25.
\n
CRIMINAL CODE
\n
(3)Whosoever shall make a false affidavit, whether in Malta or outside Malta, knowing that such affidavit is required or intended for any civil proceedings in Malta, shall, on conviction, be liable to the punishment mentioned in sub-article (1).
\n
Perjury by referee or interpreter.
\n
107.(1) Any referee who, in any civil or criminal proceedings, shall knowingly certify false facts, or maliciously give a false opinion, shall, on conviction, be liable to the punishment to which a false witness is liable under the preceding articles of this Sub-title.
\n
(2)The same punishment shall apply to any person who, when acting as interpreter in any judicial proceedings and upon oath, shall knowingly make a false interpretation.
\n
False swearing.
\n
Amended by:
\n
XI.1900.21,22;
\n
XLIX.1981.4;
\n
III.2002.26.
\n
108.(1) Whosoever, in any other case not referred to in the preceding articles of this Sub-title, shall make a false oath before a judge, magistrate or any other officer authorized by law to administer oaths, shall, on conviction, be liable (a) to imprisonment for a term from four months to one year, if the oath be required by law, or ordered by a judgment or decree of any court in Malta; (b) to imprisonment for a term not exceeding three months, if the oath be not so required or ordered.
\n
Interdiction in sentences for calumnious accusations, perjury and false swearing.
\n
(2)The provisions of this article shall not apply to promissory oaths.
\n
109.(1) The court shall, in passing sentence against the offender for any crime referred to in this Sub-title, expressly award the punishment of general interdiction, as well as interdiction from acting as witness, except in a court of law, or from acting as referee in any case whatsoever.
\n
(2)Such interdiction shall be for a term from five to ten years in the cases referred to in the last preceding article, and for a term from ten to twenty years in any other case referred to in the other preceding articles of this Sub-title.
\n
Fabrication of false evidence.
\n
Amended by:
\n
IX.1911.9;
\n
XLIX.1981.4.
\n
Simulation of offence.
\n
110.(1) Whosoever shall fraudulently cause any fact or circumstance to exist, or to appear to exist, in order that such fact or circumstance may afterwards be proved in evidence against another person, with intent to procure such other person to be unjustly charged with, or convicted of, any offence, shall, on conviction, be liable to the punishment established for a false witness, in terms of the preceding articles of this Sub-title.
\n
(2)Whosoever shall lay before the Executive Police an information regarding an offence knowing that such offence has not been committed, or shall falsely devise the traces of an offence in such a manner that criminal proceedings may be instituted for the ascertainment of such offence, shall, on conviction, be liable to imprisonment for a term not exceeding one year.
\n
CRIMINAL CODE 111. (1) Whosoever shall hinder any person from giving the necessary inform ati on or ev id ence in any ci vil o r cri mi nal proceedings, or to or before any competent authority, shall, on conviction, be liable to imprisonment for a term from four months to one year or to a fine (multa).
\n
Hindering person from giving necessary information or evidence.
\n
Amended by:
\n
VIII.1909.7;
\n
XLIX.1981.4;
\n
XIII.1983.5;
\n
L.N. 407 of 2007.
\n
(2)Whosoever, in any case not otherwise provided for in this Code, shall knowingly suppress, or in any other manner destroy or alter the traces of, or any circumstantial evidence relating to an offence, shall, on conviction, be liable - Suppression, destruction or alteration of traces of crime. (a) if the offence is a crime liable to a punishment not less than that of imprisonment for a term of one year, to the punishment laid down in sub-article (1); (b) in the case of any other offence, to imprisonment for a term not exceeding three months or to detention or to a fine (ammenda) of not less than two euro and thirty- three cents (€2.33).
\n
Sub-title IV O F A BUSE OF P UBLIC A UTHORITY O F U NLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY 112.
\n
Any officer or person employed in any public administration, or any person employed by or under the Government, whether authorized or not to receive moneys or effects, either by way of salary for his own services, or on account of the Government, or of any public establishment, who shall, under colour of his office, exact that which is not allowed by law, or more than is allowed by law, or before it is due according to law, shall, on conviction, be liable to imprisonment for a term from three months to one year.
\n
113.Where the unlawful exaction referred to in the last preceding article, is committed by means of threats or abuse of authority, it shall be deemed to be an extortion, and the offender shall, on conviction, be liable to imprisonment for a term from thirteen months to three years.
\n
114.Where the crimes referred to in the last two preceding articles are accompanied with circumstances which render such crimes liable also to other punishments, the higher punishment shall be applied with an increase of one degree.
\n
Unlawful exaction.
\n
Amended by:
\n
XLIX.1981.4.
\n
Extortion.
\n
Amended by:
\n
XLIX.1981.4.
\n
Aggravating circumstances.
\n
Bribery.
\n
Amended by:
\n
XII.1914.8, 9;
\n
IV.1974.2;
\n
XLIX.1981.4;
\n
III.2002.27;
\n
III.2004.70;
\n
IV.2013.2.
\n
CRIMINAL CODE 115. (1) Any public officer or servant who, in connection with his office or employment, requests, receives or accepts for himself or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage to which he is not entitled, shall, on conviction, be liable to punishment as follows: (a) where the object of the reward, promise or offer, be to induce the officer or servant to do what he is in duty bound to do, the punishment shall be imprisonment for a term from six months to three years; (b) where the object be to induce the officer or servant to forbear from doing what he is in duty bound to do, the punishment shall, for the mere acceptance of the reward, promise or offer, be imprisonment for a term from nine months to five years; (c) where, besides accepting the reward, promise, or offer, the officer or servant actually fails to do what he is in duty bound to do, the punishment shall be imprisonment for a term from one year to eight years.
\n
(2)Notwithstanding any other provision of this Code or of any other law, when the offence against the provisions of this article is committed by a person who, at the time when the offence was committed, held the office of Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local Councillor and the offence involved the abuse of such office, the provisions of Title VI of Part III of Book Second of this Code shall not apply to the said person or to any accomplice.
\n
Where failure of duty consists in passing sentence on defendant or person accused.
\n
Amended by:
\n
XXI.1971.14;
\n
IV.1974.3;
\n
XLIX.1981.4;
\n
X.2000.11;
\n
III.2004.71.
\n
Where failure of duty consists in releasing a person charged or in discharging a defendant or person accused.
\n
Amended by:
\n
IV.1974.4;
\n
XLIX.1981.4;
\n
III.2004.72;
\n
IV.2013.3.
\n
116.(1) Where the crime referred to in paragraph (c) of the last preceding article consists in sentencing a defendant or person accused, the punishment shall be imprisonment for a term from eighteen months to ten years:
\n
Provided that in no case shall the punishment be lower than that to which the defendant or person accused has been sentenced.
\n
(2)Where the punishment to which the defendant or person accused is sentenced is higher than the punishment of imprisonment for ten years, such higher punishment shall be applied.
\n
117.
\n
Where the crime referred to in article 115(c) consists in the release of a person charged with an offence, or in the discharge of a defendant or person accused, the punishment shall be as follows: (a) where the charge, complaint, or indictment be in respect of a crime liable to a punishment higher than that of imprisonment for a term of two years, the punishment shall be imprisonment for a term from three years to nine years; (b) where it be in respect of an offence liable to a punishment not higher than that of imprisonment for a CRIMINAL CODE term of two years, but not falling in the class of contraventions, the punishment shall be imprisonment for a term from eighteen months to five years; (c) where it be in respect of a contravention, the punishment shall be imprisonment for a term from nine months to two years.
\n
118.(1) Any member of the House of Representatives who requests, receives or accepts, for himself or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage given or made with the object of influencing him in his conduct as a member of the House shall, on conviction, be liable to imprisonment for a term from one year to eight years.
\n
(2)Notwithstanding any other provision of this Code or of any other law the provisions of Title VI of Part III of Book Second of this Code shall not apply to an offence under this article in respect of the said Member of the House of Representatives or any accomplice.
\n
119.The punishment of perpetual general interdiction or perpetual special interdiction, or both, as the case may be, shall be added to the punishments established in the preceding articles of this Sub-title when the maximum of such punishments exceeds two years’ imprisonment; when the maximum of the said punishments does not exceed two years’ imprisonment, then the punishment of temporary general interdiction or temporary special interdiction, or both, as the case may be, shall be added.
\n
120.(1) In the cases referred to in articles 115, 116, 117 and 118, the person who bribes the public officer or servant or the member of the House of Representatives, or the person to whom any of the said articles applies in accordance with any provision under this Code or under any other law, as the case may be, shall be deemed to be an accomplice.
\n
(2)Where the public officer or servant or other person does not commit the crime, the person who attempts to induce such officer or servant or other person to commit the crime shall, on conviction, be liable to imprisonment for a term from six months to three years:
\n
Provided that when the crime is that referred to in article 11 7 ( c ) , t h e p u n i s h m e n t s h a l l n o t e x c e e d e i g h t e e n m o n t h s imprisonment.
\n
(3)Where the member of the House of Representatives does not commit the crime, the person who attempts to induce such member to commit the crime shall, on conviction, be liable to imprisonment for a term from six months to four years.
\n
Bribery of member of House of Representatives.
\n
Added by:
\n
IV.1974.5.
\n
Amended by:
\n
XLIX.1981.4;
\n
XIII.2002.10;
\n
III.2004.73;
\n
IV.2013.4.
\n
Cases in which punishment of general interdiction is applied.
\n
Amended by:
\n
XLIX.1981.4;
\n
VII.2010.6.
\n
Punishment for persons bribing public officers or servants.
\n
Added by:
\n
I.1903.3.
\n
Substituted by:
\n
IV.1974.6.
\n
Amended by:
\n
XLIX.1981.4;
\n
III.2004.74;
\n
IV.2013.5.
\n
Embracery and corruption of other persons.
\n
Amended by:
\n
VI.1871.7.
\n
Substituted by:
\n
IV.1974.7.
\n
Amended by:
\n
III.2002.28;
\n
XIII.2002.10;
\n
III.2004.75;
\n
VII.2010.7.
\n
CRIMINAL CODE 121. (1) The provisions of this Sub-title shall apply to and in relation to any person who is entrusted with or has functions relating to the administration of a statutory or other corporate body having a distinct legal personality, or who is employed with such a body, as they apply to or in relation to an officer or person referred to in article 112 or a public officer or servant referred to in article 115.
\n
(2)Articles 115 to 117, article 119 and article 120(1) and (2) shall apply to and in relation to jurors as they apply to or in relation to a public officer or servant referred to in article 115:
\n
Provided that the term \"juror\" shall in any case include a lay person acting as a member of a collegial body which has the responsibility of deciding on the guilt of an accused person in the framework of a trial within the judicial system of a state other than Malta.
\n
(3)The provisions of this Sub-title in relation to an officer or person referred to in article 112 or a public officer or servant referred to in article 115 shall also apply to and in relation to any employee or other person when directing or working in any capacity for or on behalf of a natural or legal person operating in the private sector who knowingly, in the course of his business activities, directly or through an intermediary and in breach of his duties, conducts himself in any manner provided for in those articles:
\n
Provided that for the purposes of this sub-article the expression \"breach of duty\" includes any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business in question.
\n
(4)The provisions of this Sub-title shall also apply to any conduct falling within the descriptions set out in the provisions of this Sub-title and in which is involved: (a) a public officer or servant of any foreign State including any member of a domestic public assembly of any foreign State which exercises legislative or administrative powers; or (b) any officer or servant, or any other contracted employee, of any international or supranational organization or body or of any of its institutions or bodies, or any other person carrying out functions corresponding to those performed by any said officer, servant or contracted employee; or (c) any member of a parliamentary assembly of any international or supranational organisation; or (d) any holder of judicial office or any official of any international court; or (e) any member, officer or servant of a Local Council; or (f) any person mentioned in the preceding paragraphs and the offence was committed outside Malta by a Maltese CRIMINAL CODE citizen or by a permanent resident in Malta;
\n
For the purposes of this paragraph, the phrase \"permanent resident\" shall have the same meaning assigned to it by article 5(1)(d); or (g) as the person who committed the offence, any person mentioned in paragraph (b) and the organisation, institution or body in question has its headquarters in Malta; (h) any person: (i) called upon to act as arbitrator in accordance with the provisions of the Arbitration Act, whether such arbitration is domestic or international; (ii) who by virtue of an arbitration agreement is called upon to render a legally binding decision in a dispute submitted to such person by the parties to the agreement; and (iii) who is an arbitrator exercising his functions under the national legislation of any state other than Malta:
\n
Provided that: (i) where the person involved is any person mentioned in paragraphs (a), (b), (d) or (e) the provisions of articles 115, 116, 117 and 120 shall apply; and (ii)where the person involved is any person mentioned in paragraph (c) the provisions of articles 118 and 120 shall apply.
\n
121A. (1)Any person who promises, gives or offers, directly or indirectly, any undue advantage to any other person who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in the preceding articles of this Sub-title and of any other person, in order to induce such other person to exercise such influence, whether such undue advantage is for such other person or anyone else, shall on conviction be liable to the punishment of imprisonment for a term from three years to six years.
\n
(2)Any person who requests, receives or accepts any offer or promise of any undue advantage for himself or for anyone else with the object of exercising any improper influence as is referred to in sub-article (1) shall on conviction be liable to the punishment laid down in that sub-article.
\n
(3)The offences referred to in sub-articles (1) and (2) shall be complete whether or not the alleged ability to exert an improper influence existed, whether or not the influence is exerted and whether or not the supposed influence leads to the intended result.
\n
Trading in influence.
\n
Added by:
\n
III.2002.29.
\n
Amended by:
\n
VI.2007.2;
\n
XXXI.2007.8;
\n
IV.2013.6.
\n
Accounting offences.
\n
Added by:
\n
III.2002.29.
\n
Amended by:
\n
VI.2007.3;
\n
IV.2013.7.
\n
Jurisdiction.
\n
Added by:
\n
III.2002.29.
\n
Amended by:
\n
XIII.2002.10;
\n
VIII.2015.7.
\n
CRIMINAL CODE 121B. Whosoever, with intent to commit, conceal or disguise any offence, creates or uses an invoice or any other accounting document or record containing false or incomplete information or unlawfully omits to make a record of payment, shall on conviction be liable to the punishment of imprisonment from three months to eighteen months without prejudice to any other punishment to which he may be liable under any other provision of this Code or of any other law.
\n
121C. Without prejudice to the provisions of article 5, the Maltese courts shall also have jurisdiction over the offences laid down in this Sub-title where: (a) only part of the action giving execution to the offence took place in Malta; or (b) the offender is a Maltese national or permanent resident in Malta within the meaning of article 5(1)(d), a public officer or servant of Malta or a member of the House of Representatives or of a Local Council; or (c) the offence involves a public officer or servant of Malta or is a member of the House of Representatives or of a Local Council; or Corporate liability for offences under this title.
\n
Added by:
\n
III.2002.29.
\n
Amended by:
\n
L.N. 407 of 2007.
\n
Substituted by:
\n
VIII.2015.8. (d) the offence involves any of those persons to whom reference is made in article 121(4)(b), (c) or (d) and that person is at the same time a citizen or permanent resident in Malta within the meaning of article 5(1)(d).
\n
121D. Where an offence under this title has been committed by a person who at the time of the said offence is the director, manager, secretary or other principal officer of a body corporate or is a person having a power of representation of such a body or having an authority to take decisions on behalf of that body or having authority to exercise control within that body and the said offence was committed for the benefit, in part or in whole, of that body corporate, the said person shall for the purposes of this title be deemed to be vested with the legal representation of the same body corporate which shall be liable to the payment of a fine (multa) of not less than twenty thousand euro (€20,000) and not more than two million euro (€2,000,000), which fine may be recovered as a civil debt and the sentence of the Court shall constitute an e x e c ut i v e t i t l e f o r al l i n t e n t s a nd p u r p os e s o f t h e C o d e o f Organization and Civil Procedure:
\n
Provided that where legal representation no longer vests in the said person, for purposes of this article, legal representation shall vest in the person occupying the office in his stead or in such person as is referred to in this article.
\n
Applicability of article 248E(4) of the Code.
\n
Added by:
\n
XXXI.2007.9.
\n
121E. The provisions of article 248E(4) shall apply mutatis mutandis to any person found guilty of any of the offences under this Sub-title.
\n
O F A BUSES COMMITTED BY A DVOCATES AND CRIMINAL CODE LEGAL PROCURATORS 122. Any advocate or legal procurator who, having already commenced to act on behalf of one party, shall, in the same lawsuit, or in any other involving the same matter and interest, in opposition to such party or to any person claiming under him, change over, without the consent of such party or person, and act on behalf of the opposite party, shall, on conviction, be liable to a fine (multa), and to temporary interdiction from the exercise of his profession for a term from four months to one year.
\n
123.Any advocate or legal procurator who shall betray the interests of his client in such a manner that, in consequence of his betrayal or deceitful omission, the client shall lose the cause, or any right whatsoever shall be barred to his prejudice, shall, on conviction, be liable to imprisonment for a term from seven to eighteen months, and to perpetual interdiction from the exercise of his profession.
\n
Prevarication by advocate or legal procurator.
\n
Betrayal of interests of client.
\n
Amended by:
\n
XLIX.1981.4.
\n
O F MALVERSATION BY PUBLIC O FFICERS AND SERVANTS 124. Any public officer or servant who shall overtly or covertly o r t h r o u g h an o t h er p e r s o n t a k e a n y p r i v a t e i n t e r e s t i n a n y adjudication, contract, or administration, whether he holds wholly or in part the direction or superintendence thereof, or held such direction or superintendence at the time when such adjudication, contract, or administration commenced, shall, on conviction, be liable to imprisonment for a term from one to six months and to perpetual interdiction from his public office or employment.
\n
125.Any public officer or servant who takes any private interest in any matter in respect of which he is entrusted with the issuing of orders, the winding up of accounts, the making of arrangements or payments of any sort, shall, on conviction, be liable to the punishments laid down in the last preceding article.
\n
126.Whenever, in the cases referred to in the last two preceding articles, any loss is fraudulently caused to the administration to which the matter belongs, the punishment shall be imprisonment for a term from eighteen months to three years, with interdiction as provided in those articles.
\n
127.(1) Any public officer or servant who for his own private gain or for the benefit of another person or entity, misapplies or purloins any money, whether belonging to the Government or to private parties, credit securities or documents, bonds, instruments, or movable property, entrusted to him by virtue of his office or employment, shall, on conviction, be liable to imprisonment for a term from two to six years, and to perpetual general interdiction.
\n
(2)The provisions of sub-article (1) shall, mutatis mutandis, also apply to and in relation to any employee or other person when directing or working in any capacity for or on behalf of a natural or legal person operating in the private sector who knowingly, in the course of his business activities, directly or through an Private interest in adjudications, etc.
\n
Private interest in the issuing of orders, etc.
\n
Aggravating circumstance.
\n
Amended by:
\n
XLIX.1981.4.
\n
Embezzlement.
\n
Amended by:
\n
XLIX.1981.4;
\n
XXXI.2007.10;
\n
IV.2013.8.
\n
CRIMINAL CODE intermediary and in breach of his duties, conducts himself in any manner provided for in the said sub-article.
\n
O F A BUSES RELATING TO P RISONS Turnkey or gaoler taking person in custody without warrant.
\n
Arbitrary acts or restrictions by turnkeys or gaolers.
\n
Aggravating circumstance.
\n
Detention of persons under arrest in place other than a public prison.
\n
128.Any turnkey or gaoler who shall take any prisoner in custody without a lawful warrant or order from a person authorized by law to issue such warrant or order, shall, on conviction, be liable to imprisonment for a term from one to three months.
\n
129.(1) Any turnkey or gaoler who shall subject any person under his custody to any arbitrary act or restriction not allowed by the prison regulations, shall, on conviction, be liable to the punishment established in the last preceding article.
\n
(2)Where the restriction or arbitrary act aforesaid of itself constitutes a crime liable to an equal or a higher punishment, such punishment shall be applied with an increase of one degree.
\n
130.Any public officer or servant who, without authority or necessity, detains or causes to be detained, any person under arrest, in any place other than a place appointed as a public prison, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).
\n
O F THE REFUSAL OF A S ERVICE LAWFULLY DUE Refusal to perform a lawful duty.
\n
Allegation of false excuse by juror, witness or referee.
\n
131.Any public officer or servant who has under his orders the civil police force and who, on a lawful request made by any competent authority, fails to afford the assistance of such force, shall, on conviction, be liable to imprisonment for a term from four to six months.
\n
132.Any juror, witness or referee who, with the object of not affording assistance to the competent authority lawfully requiring such assistance, or of explaining his non-appearance before such authority, alleges an excuse which is shown to be false, shall, in addition to the punishment established for his non-appearance, be liable, on conviction, to imprisonment for a term from one to three months.
\n
Amended by:
\n
VI.1899.3.
\n
O F A BUSE OF A UTHORITY, AND OF BREACH OF D UTIES PERTAINING TO A PUBLIC O FFICE Disclosing official secrets.
\n
Added by:
\n
VI.1899.4.
\n
Amended by:
\n
I.1903.4.
\n
133.Any public officer or servant who communicates or publishes any document or fact, entrusted or known to him by reason of his office, and which is to be kept secret, or who in any manner facilitates the knowledge thereof, shall, where the act does not constitute a more serious offence, be liable, on conviction, to CRIMINAL CODE imprisonment for a term not exceeding one year or to a fine (multa).
\n
134.Any public officer or servant who, having been dismissed, interdicted, or suspended, and having had due notice thereof, continues in the exercise of his office or employment, shall, on conviction, be liable to imprisonment for a term from one to six months.
\n
135.Any person vested with public authority who, by any unlawful measures devised with o ther persons, hinder s the e x e c u t i o n o f t h e l a w, s h a l l , o n c o n v i c t i o n , b e l i a b l e t o imprisonment for a term from eighteen months to three years.
\n
135A. Any public officer or servant who, under colour of his office, creates or assumes leadership of a group which promotes violence or racial hatred within the meaning of sub-articles (3) to
\n
(6), both inclusive, of article 222A, shall, where the act committed does not constitute a more serious offence, be liable to the punishment of imprisonment for a term from one to five years.
\n
136.(1) Any public officer or servant who, under colour of his office, shall, in cases other than those allowed by law, or without the formalities prescribed by law, enter any house, or other building or enclosure belonging to any person, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa or ammenda).
\n
(2)Where it is proved that the entry has taken place for an unlawful purpose or for a private advantage, the offender shall, on conviction, be liable to imprisonment for a term from one to twelve months.
\n
137.Any magistrate who, in a matter within his powers, fails or refuses to attend to a lawful complaint touching an unlawful detention, and any officer of the Executive Police, who, on a similar complaint made to him, fails to prove that he reported the same to his superior authorities within twenty-four hours, shall, on conviction, be liable to imprisonment for a term from one to six months.
\n
138.Any public officer or servant who shall maliciously, in violation of his duty, do or omit to do any act not provided for in the preceding articles of this Title, to the oppression or injury of any other person, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa):
\n
Provided that the court may, in minor offences, award any of the punishments established for contraventions.
\n
139.Where the injurious or oppressive act is one of those mentioned in articles 86, 87, 88 and 89, the offender shall, on conviction, be liable to the punishment laid down in those articles respectively, increased by one degree.
\n
Unlawful continuance in office or employment.
\n
Obstruction of execution of law by public functionaries.
\n
Amended by:
\n
XLIX.1981.4.
\n
Promotion of violence or racial hatred by public officers.
\n
Added by:
\n
XXIV.2014.21.
\n
Unlawful domiciliary entry by public officials.
\n
Amended by:
\n
VI.1871.8.
\n
Aggravating circumstances.
\n
Failure or refusal of magistrates or Police to perform certain duties.
\n
Malicious violation of official duties.
\n
Amended by:
\n
V.1868.5;
\n
VI.1871.9;
\n
I.1903.5.
\n
Aggravating circumstance.
\n
Torture and other cruel, inhuman or degrading treatment or punishment.
\n
Added by:
\n
XXIX.1990.5.
\n
CRIMINAL CODE 139A. Any public officer or servant or any other person acting in an official capacity who intentionally inflicts on a person severe pain or suffering, whether physical or mental (a) for the purpose of obtaining from him or a third person information or a confession; or (b) for the purpose of punishing him for an act he or a third person has committed or is suspected of having committed; or (c) for the purpose of intimidating him or a third person or of coercing him or a third person to do, or to omit to do, any act; or (d) for any reason based on discrimination of any kind, shall, on conviction, be liable to imprisonment for a term from five to nine years:
\n
Provided that no offence is committed where pain or suffering arises only from, or is inherent in or incidental to, lawful sanctions or measures:
\n
Provided further that nothing in this article shall affect the applicability of other provisions of this Code or of any other law providing for a higher punishment.
\n
Additional punishment of interdiction.
\n
140.In the cases referred to in articles 133 to 139 inclusively, the court may, in addition to the punishment therein laid down, award the punishment of temporary or perpetual general interdiction.
\n
Substituted by:
\n
III.2002.30.
\n
G ENERAL P ROVISION APPLICABLE TO PUBLIC O FFICERS General provision.
\n
Amended by:
\n
IX.1859.10.
\n
141.Saving the cases where the law specifically prescribes the punishment to which offences committed by public officers or servants are subject, any public officer or servant who shall be guilty of any other offence over which it was his duty to watch or which by virtue of his office he was bound to repress, shall, on conviction, be liable to the punishment laid down for such offence, increased by one degree.
\n
Sub-title V O F THE V IOLATION OF P UBLIC A RCHIVES, PUBLIC O FFICES, P UBLIC P LACES OF C ONFINEMENT, AND P UBLIC M ONUMENTS O F THE B REAKING OF SEALS, AND OF THE P URLOINING OF D OCUMENTS OR D EPOSITS FROM THE PUBLIC A RCHIVES OR OTHER P UBLIC O FFICES Breaking of seals.
\n
142.(1) Whosoever shall be guilty of breaking any seal CRIMINAL CODE affixed by order of a public authority, shall, on conviction, be liable to imprisonment for a term from one to three months.
\n
(2)Where there has been negligence on the part of the person in charge, such person shall, for the mere negligence, be liable to the same punishment laid down in sub-article (1).
\n
Negligence of person in charge.
\n
(3)In either case, the court may, in lieu of the said punishment, award a fine (multa).
\n
143.Every theft committed by means of the breaking of any seal affixed by order of a public authority shall be deemed to be a theft aggravated by \"breaking\".
\n
144.(1) In cases of embezzlement, destruction, mutilation or purloining of documents, records or other papers, registers, acts or any effects whatsoever existing in the public archives, or in any other public offices, or delivered to any public depositary or functionary whatsoever in virtue of his office, the offender shall, on conviction, be liable to a fine (multa) of not less than four hundred and sixty-five euro and eighty-seven cents (€465.87) and not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) or to imprisonment for a term from thirteen months to seven years or to both such fine and imprisonment.
\n
(2)Where there has been negligence on the part of the archivist, registrar, recording officer, notary, or other functionary, su ch archivist, registrar, r ecording officer, notary or o ther functionary shall, for the mere negligence, be liable, on conviction, to imprisonment for a term from four to six months or to a fine (multa).
\n
Theft aggravated by \"breaking\".
\n
Embezzlement, etc., of documents, etc., from places of public deposit.
\n
Amended by:
\n
XLIX.1981.4;
\n
V.2005.37;
\n
L.N. 407 of 2007.
\n
Negligence of functionaries.
\n
(3)Where the destruction, mutilation, damage, or alteration of any thing referred to in sub-article (1) is caused through imprudence, negligence, unskilfulness in an art or profession or through non-observance of any regulation the offender shall be liable to a fine (multa) of not more than nine thousand and three hundred and seventeen euro and forty-nine cents (€9,317.49) or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.
\n
145.Where any of the crimes referred to in the preceding articles of this Sub-title is committed with violence against the person, the offender shall, on conviction, be liable to imprisonment for a term from two to six years.
\n
146.Repealed by: XVII.1996.19.
\n
Aggravating circumstance of \"violence\".
\n
Amended by:
\n
XLIX.1981.4.
\n
Fraudulent withdrawal of letters or packets.
\n
Amended by:
\n
XLIX.1981.4.
\n
CRIMINAL CODE Fraudulent retention, etc., of postal packets or parcels.
\n
Amended by:
\n
V.1868.6;
\n
XVI.1900.136;
\n
XLIX.1981.4.
\n
147.Repealed by: XVII.1996.19.
\n
Unlawful opening of letters, etc., by post office officials.
\n
Amended by:
\n
XLIX.1981.4.
\n
148.Repealed by: XVII.1996.19.
\n
Suppression of letters, etc., by post office officials.
\n
Amended by:
\n
XLIX.1981.4.
\n
149.Repealed by: XVII.1996.19.
\n
Aggravation of punishment in the case of public officers.
\n
150.Saving the cases of negligence referred to in articles 142 and 144, any public officer or servant who shall, in the execution of his office, commits or connives at any of the crimes mentioned in the preceding articles of this Sub-title, shall, on conviction, be liable to the punishment established for the crime, increased by one degree, and to the punishment of perpetual general interdiction.
\n
O F THE V IOLATION OF P UBLIC PLACES OF CONFINEMENT, OF THE E SCAPE OF P ERSONS IN C USTODY OR SUSPECTED OR SENTENCED, AND OF THE H ARBOURING OF O FFENDERS Simple escape of a person sentenced.
\n
Substituted by:
\n
VII.1999.6.
\n
151.Any person under sentence and any other prisoner who shall be guilty of simple escape or who escapes from the custody of t h e p e r s o n o r p e r s o n s c h a rg e d w i t h h i s c u s t o d y, s h a l l , o n conviction, be liable to imprisonment for a term of not less than six months but not more than one year.
\n
In this article ''prisoner'' means any person who is confined in prison and includes a prisoner while he is being moved to or from a prison or from one prison to another or while he is under treatment or observation in any hospital.
\n
Prison breaking.
\n
Substituted by:
\n
VII.1999.6.
\n
152.Any prisoner who shall be guilty of escape from any place of confinement or of punishment, or from a hospital where he is under treatment or observation, or from the custody of the person or persons charged with his custody, shall, when the escape has been effected by violence on the person, or with breaching the places mentioned, be liable, on conviction, to imprisonment for a term from two years to four years saving any other punishment to which he may be subject under any other provision of this Code or any other law.
\n
In this article ''prisoner'' has the same meaning assigned to it in article 151.
\n
CRIMINAL CODE 153. Where the escape of any person under arrest or sentence is effected in consequence of the negligence or imprudence of the person charged with his custody, care or conveyance, the person so charged shall, on conviction, be liable (a) if the party escaping is accused of, or sentenced for any crime liable to a punishment not exceeding two years’ imprisonment, or if he is in lawful custody for any cause other than a crime, to imprisonment for a term from one to three months;
\n
Negligence or imprudence of person charged with the custody, etc., of person escaping.
\n
Amended by:
\n
XXI.1971.15;
\n
XLIX.1981.4. (b) if the party escaping is accused of, or sentenced for any crime liable to a punishment exceeding two years but not exceeding five years’ imprisonment, to imprisonment for a term from four to six months; (c) if the party escaping is accused of, or sentenced for any crime liable to a punishment exceeding five years’ imprisonment, to imprisonment for a term from seven months to one year.
\n
154.Where the escape of any person under arrest or sentence is effected with the connivance of or by bribing the person charged with his custody, care, or conveyance, the person so charged shall, in the cases referred to in paragraphs (a), (b) and (c) of the last preceding article, be liable, on conviction, to imprisonment for the term as respectively fixed in the said paragraphs, increased by one degree and to the punishment of perpetual general interdiction.
\n
155.The punishment laid down in the last two preceding articles shall be increased by one degree, where the escape is effected by any of the means mentioned in article 152, or by conveying into the place of confinement or of punishment any instrument or weapon to facilitate the escape.
\n
156.Whosoever, not being charged with the custody, care, or conveyance of any person under arrest or sentence, shall facilitate or be an accomplice in the escape of such person, shall, on conviction, be liable to the punishment established for the person so charged and conniving, decreased by one degree:
\n
Provided that in the cases referred to in the last preceding article, the offender shall be liable to the same punishment established for the person so charged and conniving.
\n
157.
\n
Whosoever shall knowingly provide the means for effecting an escape from Malta, whether of a person accused of a crime or of a person under arrest or sentence for a crime, or of a person under warrant of arrest for a crime, or of a person who has committed a crime although not yet sentenced nor under arrest or warrant of arrest, shall, on conviction, be liable (a) where the said crime as regards the fugitive is not liable to a punishment exceeding two years’ imprisonment, to imprisonment for a term from one to three months; (b) where the said crime as regards the fugitive is liable to a punishment exceeding two years’ but not five years’ Connivance, etc., of person charged with the custody, etc., of person escaping.
\n
Amended by:
\n
XXI.1971.16;
\n
XLIX.1981.4, Aggravating circumstances.
\n
Aiding and abetting on the part of person not charged with the custody, etc., of person escaping.
\n
Amended by:
\n
IX.1982.2.
\n
Assisting criminals to escape from Malta.
\n
Amended by:
\n
XXI.1971.17;
\n
II.1973.2;
\n
XLIX.1981.4.
\n
CRIMINAL CODE imprisonment, to imprisonment for a term from four to six months; (c) where the said crime as regards the fugitive is liable to a punishment exceeding five years’ imprisonment, to imprisonment for a term from seven months to one year.
\n
Harbouring of criminals.
\n
Amended by:
\n
VIII.1857.1;
\n
XXI.1971.18;
\n
XLIX.1981.4.
\n
Exemptions.
\n
Amended by:
\n
XXIII.2017.4.
\n
Escape from places of custody.
\n
Added by:
\n
I.1903.6.
\n
158.Whosoever shall knowingly harbour or cause to be harboured any person against whom there is a warrant of arrest for any offence liable to imprisonment for a term exceeding three months, or for whom the Executive Police is searching for the purpose of arresting him for any such offence, or who has escaped from arrest for any such offence, shall, on conviction, be liable to imprisonment for a term from three days to three months.
\n
159.Nevertheless, the spouse, the ascendant or descendant, the brother or sister, parents of either spouse, spouses of either child, the uncle or aunt, the nephew or niece and the brother-in-law or sisterin-law of any fugitive or person so harboured, shall be exempted from the punishments laid down in the last two preceding articles.
\n
160.The provisions of articles 151 to 159 inclusively shall apply in the case of escape of any person lawfully confined from any place appointed for his custody.
\n
O F THE V IOLATION OF PUBLIC MONUMENTS Damage to monuments, etc.
\n
Amended by:
\n
III.2002.31;
\n
L.N. 407 of 2007;
\n
XXIV.2014.22.
\n
161.Whosoever shall destroy, throw down, deface, or otherwise damage any monument, statue, or other object of art, destined for public utility or public embellishment, and erected by, or with the permission of the public authority, shall, on conviction, be liable to imprisonment for a term from six to eighteen months or to a fine (multa) not exceeding three thousand and five hundred euro (€3,500):
\n
Provided that the court may, in minor cases, apply any of the punishments established for contraventions.
\n
Violation of tombs.
\n
Amended by:
\n
III.2002.32;
\n
L.N. 407 of 2007;
\n
XXIV.2014.23;
\n
XVII.2019.39.
\n
162.Whosoever shall violate any tomb or burial place, burial place, or columbarium publicly acknowledged as such, shall, on conviction, be liable to imprisonment for a term from nine months to two years or to a fine (multa) not exceeding five thousand euro (€5,000).
\n
CRIMINAL CODE
\n
Title IV
\n
OF CRIMES AGAINST THE RELIGIOUS SENTIMENT Added by:
\n
XXVIII.1933.1.
\n
163.Repealed by Act XXXVII.2016.3.
\n
Vilification of the Roman Catholic Apostolic Religion.
\n
Added by:
\n
XXVIII.1933.2.
\n
164.Repealed by Act XXXVII.2016.3.
\n
Vilification of other cults tolerated by law.
\n
Added by:
\n
XXVIII.1933.2.
\n
165.(1) Whosoever impedes or disturbs the performance of any function, ceremony or religious service of any religion tolerated by law, which is carried out with the assistance of a minister of religion or in any place of worship or in any public place or place open to the public shall, if the impediment or disturbance causes no serious danger to public order be liable to a punishment of up to six months imprisonment and if such a serious danger results the punishment shall be increased by one degree.
\n
Obstruction of religious services.
\n
Added by:
\n
XXVIII.1933.2.
\n
Amended by:
\n
XXXVII.2016.4.
\n
(2)If any act amounting to threat or violence against the person is committed, the punishment shall be imprisonment for a term from six months to two years.
\n
Title V
\n
O F CRIMES AFFECTING PUBLIC TRUST Sub-title I O F F ORGERY OF PAPERS, S TAMPS AND S EALS 166. (1) Whosoever shall forge any Government debenture for sums advanced on loan to the Government, shall, on conviction, be liable to imprisonment for a term from three to five years, with or without solitary confinement.
\n
(2)The same punishment shall apply where the forgery consists in opening a credit relative to such loan in the books of the Government Treasury.
\n
(3)Where the forgery consists in the endorsement of a genuine Government debenture, the offender shall, on conviction, be liable Forgery of Government debentures.
\n
Amended by:
\n
XII.1913.4;
\n
XLIX.1981.4.
\n
CRIMINAL CODE to imprisonment for a term from thirteen months to four years, with or without solitary confinement.
\n
Forgery of documents.
\n
Amended by:
\n
XII.1913.5;
\n
XLIX.1981.4.
\n
167.(1) Whosoever shall forge any schedule, ticket, order or other document whatsoever, upon the presentation of which any payment may be obtained, or any delivery of goods effected, or a deposit or pledge withdrawn from any public office or from any bank or other public institution established by the Government, or recogniz ed by any public act of t he Go ve rn m ent , sh al l, on conviction, be liable to imprisonment for a term from thirteen months to four years, with or without solitary confinement.
\n
(2)The same punishment shall apply where the crime consists in the forgery of any entry in the books of any such office, bank or other institution, relating to any such payment, goods, deposit, or pledge.
\n
(3)Where the forgery consists only in the endorsement of a genuine schedule, ticket, order, or document, the offender shall, on conviction, be liable to imprisonment for a term from nine months to three years, with or without solitary confinement.
\n
Forgery of Government debentures and documents by public officers.
\n
Amended by:
\n
IV.1882.1.
\n
168.(1) Any public officer or servant who, by abuse of his office or employment, becomes guilty of any of the crimes referred to in the last two preceding articles, shall, on conviction, be liable to the punishment therein prescribed for any such crime, increased by one degree.
\n
(2)The same punishment shall apply to any public officer or servant who shall knowingly re-issue any order for payment of money or any of the documents mentioned in the last preceding article, after the payment or the delivery of the goods obtainable upon the presentation of such order or document has been effected.
\n
Use of forged debentures or documents.
\n
Forgery of Government, judicial or official acts.
\n
Amended by:
\n
XXVII.1975.14;
\n
XLIX.1981.4.
\n
Making use of forged acts.
\n
Forgery of acts or use of forged acts by public officer or servant.
\n
169.Whosoever shall knowingly make use of any of the instruments specified in articles 166, 167 and 168 shall, on conviction, be liable to the same punishment as the principal offender.
\n
170.(1) Whosoever shall forge any act containing an order or resolution of the Government of Malta, and whosoever shall forge any judgment, decree, or order of any court, judge, magistrate, or public officer, whereby any obligation is imposed or terminated, or any claim allowed or disallowed, or whereby any person is acquitted or convicted on any criminal charge, shall, on conviction, be liable to imprisonment for a term from two to four years, with or without solitary confinement.
\n
(2)Whosoever shall knowingly make use of any such forged act, judgment, decree or order, shall, on conviction, be liable to the same punishment as the principal offender.
\n
(3)Where the person guilty of any of the crimes referred to in this article is a public officer or servant specially charged with the drawing up, registration, or custody of any such act, judgment, decree or order, the punishment shall be increased by one degree.
\n
CRIMINAL CODE 171. Whosoever shall counterfeit the Public Seal of Malta, or shall knowingly make use of such counterfeited seal, shall, on conviction, be liable to imprisonment for a term from three to five years, with or without solitary confinement.
\n
Counterfeiting the Public Seal of Malta.
\n
Amended by:
\n
XV.1937.3;
\n
XXVII.1975.15;
\n
XLIX.1981.4.
\n
172.(1) Whosoever, except in the cases referred to in the last preceding article, shall counterfeit any seal, stamp, or other mark, used for sealing, stamping, marking, authenticating or certifying, in the name of the Government or of any of the authorities thereof, documents or effects, whether public or private property, or which are under the public guarantee, shall, on conviction, be liable to imprisonment for a term from thirteen months to three years, with or without solitary confinement.
\n
(2)Whosoever shall knowingly make use of any such seal, stamp, or mark and whosoever shall knowingly and without lawful authority be in possession of the said objects, shall be liable to the same punishment.
\n
Counterfeiting of seals, stamps, or other Government marks.
\n
Amended by:
\n
XLIX.1981.4;
\n
III.2002.33.
\n
173.Whosoever shall counterfeit postage stamps, or shall knowingly make use of counterfeited postage stamps, shall, on conviction, be liable to imprisonment for a term not exceeding two years, with or without solitary confinement.
\n
Counterfeiting postage stamps, and making use of same.
\n
Added by:
\n
XVI.1900.137.
\n
Amended by:
\n
XLIX.1981.4.
\n
174.(1) Whosoever, without the special permission of the Government, shall knowingly keep in his possession counterfeited postage stamps, dies, machines or instruments intended for the manufacture of postage stamps, shall, on conviction, be liable to the punishment established in the last preceding article.
\n
Possessing counterfeited postage stamps, dies, etc.
\n
Added by.
\n
XVI.1900.137.
\n
Amended by:
\n
XXVII.1975.16.
\n
(2)The provisions contained in this and in the last preceding article shall also apply in regard to any stamp denoting a rate of postage of any foreign country.
\n
175.The same punishment established in article 173 shall apply to any person who, without lawful authority or excuse, (the proof whereof shall lie on the person accused), knowingly purchases or receives, or takes or has in his custody or possession any paper exclusively manufactured or provided by or under the authority of the Government of Malta, for use as envelopes, wrappers or postage stamps, and for receiving the impression of stamp dies, plates or other instruments provided, made or used by or under the authority of the Government for postal purposes, before such paper has received such impression and has been issued for public use.
\n
176.There shall be forgery within the meaning of articles 171 and 172, not only if a false instrument is made or affixed but also if the genuine instrument is fraudulently affixed.
\n
Making use of counterfeited seal, stamp, or mark.
\n
Purchasing or having in possession certain paper before it has been duly stamped and issued.
\n
Added by:
\n
XVI.1900.137.
\n
Amended by:
\n
VIII.1909.9.
\n
Act of counterfeiting Public Seal of Malta, stamps, etc., defined.
\n
CRIMINAL CODE Punishment for counterfeiting Public Seal of Malta, stamps, etc., when committed by public officers.
\n
177.Where the person guilty of any of the crimes referred to in articles 171, 172 and 176 is a public officer or servant charged with the direction, custody, or proper application of the seals, stamps, or other instruments, the punishment shall be increased by one degree.
\n
Exemption from punishment.
\n
Substituted by:
\n
IX.1982.2.
\n
178.Any person guilty of any of the crimes referred to in articles 166 to 177 inclusively, shall be exempted from punishment if, before the completion of such crime and previously to any proceedings, he shall have given the first information thereof and revealed the offenders to the competent authorities.
\n
Sub-title II O F F ORGERY OF OTHER P UBLIC OR P RIVATE W RITINGS Forgery of acts by public officer.
\n
Amended by:
\n
XLIX.1981.4.
\n
Fraudulent alteration of acts by public officer.
\n
Amended by:
\n
XLIX.1981.4.
\n
Delivery of writings falsely purporting to be copies of public acts which do not exist.
\n
Amended by:
\n
XLIX.1981.4.
\n
Delivery of copies of acts differing from the original.
\n
Penalty in case of negligence.
\n
179.Saving the cases referred to in the preceding Sub-title, any public officer or servant who shall, in the exercise of his functions, commit forgery by any false signature, or by the alteration of any act, writing, or signature, or by inserting the name of any supposititious person, or by any writing made or entered in any register or other public act, when already formed or completed, shall, on conviction, be liable to imprisonment for a term from two to four years, with or without solitary confinement.
\n
180.Any public officer or servant who, in drawing up any act within the scope of his duties, shall fraudulently alter the substance or the circumstances thereof, whether by inserting any stipulation different from that dictated or drawn up by the parties, or by declaring as true what is false, or as an acknowledged fact a fact which is not acknowledged as such, shall, on conviction, be liable to the punishment established in the last preceding article or to imprisonment for a term from eighteen months to three years, with or without solitary confinement.
\n
181.Any public officer or servant who shall give out any writing in a legal form, representing it to be a copy of a public act when such act does not exist, shall, on conviction, be liable to imprisonment for a term from thirteen months to two years, with or without solitary confinement.
\n
182.(1) The punishment laid down in the last preceding article shall be applied where the forgery is committed by the public officer or servant on a legal and authentic copy, by giving out the same in virtue of his office, in a manner contrary to or d i ff e r e n t f r o m t h e o r i g i n a l , w i t h o u t t h i s b e i n g a l t e r e d o r suppressed.
\n
(2)Where such copy is so given out by the mere negligence of the public officer or servant, he shall, on conviction, be liable to a fine (multa).
\n
CRIMINAL CODE 183. Any other person who shall commit forgery of any authentic and public instrument or of any commercial document or private bank document, by counterfeiting or altering the writing or signature, by feigning any fictitious agreement, disposition, obligation or discharge, or by the insertion of any such agreement, disposition, obligation or discharge in any of the said instruments or documents after the formation thereof, or by any addition to or alteration of any clause, declaration or fact which such instruments o r d o c u m e n t s w e r e i n t e n d e d t o co n t a i n o r p r o v e , s h a l l , o n conviction, be liable to imprisonment for a term from thirteen months to four years, with or without solitary confinement.
\n
184.Any person who shall knowingly make use of any of the false acts, writings, instruments or documents mentioned in the preceding articles of this Sub-title, shall, on conviction, be liable to the punishment established for the forger.
\n
185.(1) Saving the cases referred to in the preceding articles of this Title, where any public officer or servant who, by reason of his office, is bound to make or issue any declaration or certificate, shall falsely make or issue such declaration or certificate, he shall, on conviction, be liable to imprisonment for a term from nine months to three years.
\n
Forgery of public, commercial or private bank documents by person not being a public officer.
\n
Amended by:
\n
VI.1871.10;
\n
XLIX.1981.4.
\n
Malicious use of false documents.
\n
Issue of false declarations or certificates.
\n
Amended by:
\n
VI.1871.11;
\n
XLIX.1981.4.
\n
(2)Where the falsification is committed by any person, other than a public officer or servant acting with abuse of authority, the punishment shall be imprisonment for a term from seven months to two years.
\n
186.Whosoever shall knowingly make use of any of the documents mentioned in the last preceding article, shall, on conviction, be liable to the same punishment established for the author thereof.
\n
187.(1) Whosoever shall, by any of the means specified in article 179, commit forgery of any private writing tending to cause injury to any person or to procure gain, shall, on conviction, be liable to imprisonment for a term from seven months to three years, with or without solitary confinement.
\n
(2)Whosoever shall knowingly make use thereof, shall be liable to the same punishment.
\n
Malicious use of false declarations or certificates.
\n
187A. Whosoever fraudulently breaches an agreement with a Government department referring to this article and made in terms of a specific law providing for the extinction or postponement of any criminal action apart from providing for the delayed payment of any sum due or for any other concession, exemption or advantage shall on conviction, be liable to the punishment of imprisonment for a period not exceeding four (4) years, or to a fine (multa) not exceeding two million and five hundred thousand euro (€2,500,000), or to both such fine and imprisonment.
\n
Fraudulent breach of particular agreement with a Government department.
\n
Added by:
\n
XXX.2025.3.
\n
Forgery of private writings.
\n
Amended by:
\n
XLIX.1981.4.
\n
Malicious use of forged private writings.
\n
Breaching the conditions of a particular agreement with a Government department without just cause.
\n
Added by:
\n
XXX.2025.3.
\n
CRIMINAL CODE 187B. Whosoever, after entering into an agreement with a Government department referring to this article and made in terms of a specific law providing for the extinction or postponement of any criminal action apart from providing for the delayed payment of any sum of money due or for any other concession, exemption or advantage, breaches without a reasonable cause the conditions of the agreement shall on conviction, be liable to the punishment of imprisonment for a term not exceeding two (2) years, or to a fine (multa) not exceeding five hundred thousand euro (€500,000), or to both such fine and imprisonment.
\n
Institution of action under articles 187A and 187B and consequence of conviction.
\n
Added by:
\n
XXX.2025.3.
\n
187C. Proceedings under articles 187A and 187B may only be instituted upon the complaint of the Commissioner for Tax and Customs and upon conviction for any offence provided in article 187A, any material advantage or benefit obtained by the accused through the agreement shall be deemed to constitute proceeds of crime.
\n
False declarations or information to a public authority.
\n
Added by:
\n
XIII.1980.4.
\n
Amended by:
\n
VII.2010.8.
\n
188.(1) Whosoever, in order to gain any advantage or benefit for himself or others, shall, in any document intended for any public authority, knowingly make a false declaration or statement, or give false information, shall, on conviction, be liable to the punishment of imprisonment for a term not exceeding two years or to a fine (multa):
\n
Provided that nothing in this article shall affect the applicability of any other law providing for a higher punishment.
\n
(2)Where the document referred to in sub-article (1) is not one intended for any public authority the punishment shall be that of imprisonment not exceeding one year or a fine (multa).
\n
Added by:
\n
XLIX.2016.9.
\n
Reference to currency.
\n
Added by:
\n
XLIX.2016.9.
\n
Forgery and uttering of currency.
\n
Added by:
\n
XLIX.2016.9.
\n
Sub-title III OF COUNTERFEITING OF CURRENCY 188A. For the purposes of the following provisions of this Subtitle, any reference to the term \"currency\" shall be a reference to euro banknotes or euro coins or any other note or coin by whatever name called, which is legal tender in the country outside Malta in which it is issued and which is designated for circulation as legal tender, even if it has not been issued yet.
\n
188B. (1) Whosoever fraudulently makes, alters, or forges any currency or utters any forged currency knowing the same to be forged shall be liable, on conviction, to imprisonment for a term of not less than two years and not exceeding nine years:
\n
Provided that where the forged currency is uttered by a person who proves that at the time at which it came into his custody o r p o s s e s s i o n h e d i d n o t k n o w t h e s a m e t o b e f o rg e d , t h e punishment shall be reduced to a term of imprisonment of not less than two months and not exceeding three years.
\n
(2)Whosoever makes use of legal facilities or materials to CRIMINAL CODE manufacture any currency in violation of the rights and conditions under which such facilities or materials are to be used shall be liable, on conviction, to imprisonment for a term of not less than two years and not exceeding ten years.
\n
188C. Whosoever without lawful authority imports, exports, transports, purchases, receives, obtains, or has in his custody or possession forged currency knowing the same to be forged shall be liable, on conviction, to imprisonment for a term of not less than thirteen months and not exceeding five years.
\n
188D. Whosoever without lawful authority (a) makes, receives, obtains, uses or knowingly has in his custody or possession, any paper intended to resemble and pass as special paper such as is provided and used for the making of any currency note, or any such special paper; (b) makes, receives, obtains, uses or knowingly has in his custody or possession, any frame, mould or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines, or devices, peculiar to and used in or on any such paper; (c) engraves or in any way makes upon any plate, wood, stone, or other material, or produces in electronic or digital form, any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part the words, figures, letters, marks, lines or devices, peculiar to and used in or on any currency; (d) makes, receives, obtains, uses or knowingly has in his custody or possession any plate, wood, stone or other material, or any other electronic or digital storage device upon which any such words, letters, figures, marks, lines, or devices, have been engraved, produced or stored in electronic or digital form, or in any way made as aforesaid; (e) makes, receives, obtains, uses or knowingly has in his custody or possession any paper or other material whatsoever made upon which any such words, figures, letters, marks, lines, devices, holograms or other components or security features which serve to protect against counterfeiting, have been printed or in any way made as aforesaid; (f) makes, receives, obtains, uses or knowingly has in his custody or possession instruments, articles, computer programmes and data, and any other means specifically adapted for the counterfeiting or altering of currency; (g) makes, receives, obtains, uses or knowingly has in his custody or possession any die or other instrument or machine exclusively intended for coinage, shall be liable, on conviction, to imprisonment for a term of not Import, export, transportation and possession of forged currency.
\n
Added by:
\n
XLIX.2016.9.
\n
Making, receiving, obtaining or having in possession paper or implements for forgery.
\n
Added by:
\n
XLIX.2016.9.
\n
CRIMINAL CODE less than thirteen months and not exceeding five years.
\n
Mutilation and defacement of currency.
\n
Added by:
\n
XLIX.2016.9.
\n
188E. Whosoever without lawful authority or lawful or reasonable excuse mutilates, cuts, tears, melts down, impairs, or perforates with holes, any currency or in any way defaces any currency by writing, printing, drawing, or by any means whatsoever, or stamping thereon, or by attaching or affixing thereto anything in the nature or form of an advertisement, shall be liable, on conviction, to a fine (multa) not exceeding one hundred and fifteen euro (€115).
\n
Consultation with the Central Bank of Malta.
\n
Added by:
\n
XLIX.2016.9.
\n
Amended by:
\n
IX.2021.2.
\n
188F. (1) If, in the course of criminal proceedings, the court deems it necessary to order the destruction of counterfeit currency, it shall consult with the Central Bank of Malta beforehand and shall, if and as the Central Bank of Malta may require, refrain from ordering their destruction and proceed to consign such currency to the Central Bank of Malta for examination.
\n
(2)If, in the course of criminal proceedings, the need arises for the analysis, identification and detection of further counterfeits, upon request by the prosecution, the Court shall without delay, transmit any exhibited samples to the Central Bank of Malta for furt her examination, provided that a report by an expert appointed by that Court is made and presented beforehand containing copies of such samples and all material facts relating to such sample or samples.
\n
Medals and tokens similar to euro coins.
\n
Added by:
\n
XLIX.2016.9.
\n
188G. (1) In accordance with the provisions of Council Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins, and as subsequently amended, whosoever, unless authorised by the Commission of the European Union, produces, sells, imports or distributes fo r sale or f or other commercial purposes medals and tokens, other than exempted medals and tokens as provided in the said Regulation, similar to euro coins, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding twenty-three thousand euro (€23,000), or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
\n
(2)The provisions of sub-article (1) shall not apply to medals and tokens issued before 6 December 2004.
\n
Liability of legal persons.
\n
Persons against whom criminal action may be brought under this sub-title.
\n
Added by:
\n
IX.2021.2.
\n
188H. The provisions of articles 121D and 248E(4) shall apply mutatis mutandis to offences under articles 188B to 188D.
\n
188I. Saving the provisions of article 5 and any other provisions of this Code or of any other law conferring jurisdiction upon the courts of Malta to try offences, the criminal action referred to in this sub-title of this Code may be prosecuted in Malta according to the provisions of this sub-title: (a) against any person who commits an offence in Malta, or on the sea in any place within the territorial jurisdiction of Malta, both if the offence takes place wholly or partly in the territory of Malta; (b) against any person who commits the offences referred to in CRIMINAL CODE articles 188B and 188C, where counterfeit euro banknotes or euro coins are detected in the territory of Malta and also if the counterfeiting has taken place outside of Malta.
\n
G ENERAL P ROVISIONS APPLICABLE TO THIS TITLE 189. Whosoever shall commit any other kind of forgery, or shall knowingly make use of any other forged document, not provided for in the preceding articles of this Title, shall be liable to imprisonment for a term not exceeding six months, and if he is a public officer or servant actin g with abuse of his office or employment, he shall be punishable with imprisonment for a term from seven months to one year.
\n
189A. For the purposes of this Title, \"document\", \"instrument\", \"writing\" and \"book\" include any card, disc, tape, soundtrack or other device on or in which information is or may be recorded or stored by mechanical, electronic or other means.
\n
190.In all crimes of forgery when committed by public officers or servants, the punishment of perpetual general interdiction shall always be added to the punishment laid down for the crime.
\n
Other kinds of forgery and use of forged documents.
\n
Amended by:
\n
IX.1911.10.
\n
Substituted by:
\n
V.1956.16.
\n
Sub-title III Added by:
\n
XVIII.2020.2.
\n
Definition of document, etc.
\n
Added by:
\n
III.2002.34.
\n
Additional punishment of perpetual general interdiction.
\n
OF FRAUD AGAINST THE EUROPEAN UNION’S FINANCIAL INTERESTS The measures in this Sub-title transpose the provisions of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law.
\n
190A. (1) This Sub-title establishes rules concerning the combating of fraud and other illegal activities affecting the European Union’s financial interests.
\n
(2)In respect of revenue arising from VAT own resources, this Sub-title shall apply only in cases of serious offences against the common VAT system. For the purposes of this Sub-title, offences against the common VAT system shall be considered to be serious where the intentional acts or omissions defined in paragraph (d) of article 190C are connected with the territory of Malta and another Member State or Member States of the European Union and involve a Scope and applicability.
\n
CRIMINAL CODE total damage of at least ten million euro (€10,000,000).
\n
(3)Nothing in this Sub-title shall affect the structure and functioning of the tax administration of Malta.
\n
(4)The sanctions for the offences under this Sub-title shall be without prejudice to the exercise of disciplinary powers by the competent authorities against public officers.
\n
(5)The application of administrative measures, penalties and fines as laid down in European Union law, in particular those within the meaning of Articles 4 and 5 of Regulation (EC, Euratom) No.
\n
2988/95, or in national law adopted in compliance with a specific obligation under European Union law, shall be without prejudice to this Sub-title. Any criminal proceedings initiated on the basis of this Sub-title shall not unduly affect the proper and effective application of administrative measures, penalties and fines that cannot be equated to criminal proceedings, laid down in European Union or national law.
\n
Interpretation.
\n
Amended by:
\n
XIV.2023.2.
\n
190B. For the purposes of this Sub-title the following definitions, unless the context otherwise requires, shall apply: \"public officer\" shall have the same meaning as is assigned to it in article 92 and shall also include a Union official or a national official of a Member State of the European Union and any national official of a third country; (i) \"Union Official\" means a person who is: an official or other servant engaged under contract by the European Union within the meaning of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No. 259/68 (the ‘Staff Regulations’), or seconded to the European Union by a Member State or by any public or private body, who carries out functions equivalent to those performed by Union officials or other servants:
\n
Provided that, without prejudice to the provisions on privileges and immunities contained in Protocols No. 3 and No. 7 annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Members of the European Union institutions, bodies, offices and agencies, set up in accordance with the Treaties and the staff of such bodies shall be assimilated to Union officials, inasmuch as the Staff Regulations do not apply to them;
\n
CRIMINAL CODE (ii) \"national official\" shall include any person holding an executive, administrative or judicial office at national, regional or local level. Any person holding a legislative office at national, regional or local level shall be assimilated to a national official; (iii) any other person assigned and exercising a public service function involving the management of or decisions concerning the Union’s financial interests in Member States or third countries; \"European Union’s financial interests\" shall mean all revenues, expenditure and assets covered by, acquired through, or due to: (a) the European Union budget; (b) the budgets of the European Union institutions, bodies, offices and agencies established pursuant to the Treaties or budgets directly or indirectly managed and monitored by them.
\n
190C. (1) Whosoever intentionally commits fraud affecting the European Union’s financial interests shall be liable, on conviction, to imprisonment for a term of six (6) months to four (4) years.
\n
(2)For the purposes of this Sub-title, the following shall be regarded as fraud affecting the European Union’s financial interests: (a) in respect of non-procurement-related expenditure, any act or omission relating to: (i) the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds or assets from the European Union budget or budgets managed by the European Union, or on its behalf; (ii) non-disclosure of information in violation of a specific obligation, with the same effect; or (iii) the misapplication of such funds or assets for purposes other than those for which they were originally granted; (b) in respect of procurement-related expenditure, at least when committed in order to make an unlawful gain for the perpetrator or another by causing a loss to the European Union's financial interests, any act or omission relating to: (i) the use or presentation of false, incorrect Fraud affecting the Union’s financial interests.
\n
CRIMINAL CODE or incomplete statements or documents, which has as its effect the misappropriation or wrongful retention of funds or assets from the European Union budget or budgets managed by the European Union, or on its behalf; (ii) non-disclosure of information in violation of a specific obligation, with the same effect; or (iii) the misapplication of such funds or assets for purposes other than those for which they were originally granted, which damages the European Union's financial interests; (c) in respect of revenue other than revenue arising from VAT own resources referred to in paragraph (d), any act or omission relating to: (i) the use or presentation of false, incorrect or incomplete statements or documents, which has as its effect the illegal diminution of the resources of the European Union budget or budgets managed by the European Union, or on its behalf; (ii) non-disclosure of information in violation of a specific obligation, with the same effect; or (iii) misapplication of a legally obtained benefit, with the same effect; (d) in respect of revenue arising from VAT own resources, any act or omission committed in cross-border fraudulent schemes in relation to: (i) the use or presentation of false, incorrect or incomplete VAT-related statements or documents, which has as an effect the diminution of the resources of the European Union budget; (ii) non-disclosure of VAT-related information in violation of a specific obligation, with the same effect; or (iii) the presentation of correct VAT-related statements for the purposes of fraudulently disguising the non-payment or wrongful creation of rights to VAT refunds.
\n
Penalties.
\n
190D. (1) Any public officer who, directly or through an intermediary, requests or receives advantages of any kind for himself or for a third party, or accepts a promise of such an advantage, to act or CRIMINAL CODE to refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the European Union's financial interests shall be liable, on conviction, to imprisonment for a term of six (6) months to four (4) years.
\n
(2)Whosoever promises, offers or gives, directly or through an intermediary, an advantage of any kind to a public officer for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the European Union's financial interests shall on conviction be liable to a term of imprisonment of six
\n
(6)months to four (4) years.
\n
190E. Any public officer who is directly or indirectly entrusted with the management of funds or assets, and who commits or disburses funds or appropriates or uses assets contrary to the purpose for which they were intended in any way which damages the European Union’s financial interests shall be liable, on conviction, to imprisonment, for a term of three (3) to eighteen (18) months.
\n
Misappropriation against the European Union’s financial interests.
\n
190F. Whosoever incites, aids, abets or attempts any offence under articles 190C, 190D or 190E shall be guilty of an offence and shall be liable on conviction to the punishment laid down for the offence aided, abetted or instigated.
\n
Incitement, aiding and abetting and attempts.
\n
190G. (1) Where any offence under this Sub-title is committed for the benefit, in part or in whole, of a body corporate by a person acting individually or as part of an organ of the body corporate, and having a leading position within the body corporate, based on:
\n
Corporate liability for offences under this Sub-title. (a) a power of representation of the body corporate, (b) an authority to take decisions on behalf of the body corporate, or (c) corporate, an authority to exercise control within the body such body corporate shall be liable to the payment of a fine (multa) of not less than twenty thousand euro (€20,000) and not more than two million euro (€2,000,000), which fine may be recovered as a civil debt and the sentence of the Court shall constitute an executive title for all intents and purposes of the Co de o f O rga ni zat i on and Ci vi l Procedure.
\n
(2)A body corporate shall also be held liable for an offence under this Sub-title where the lack of supervision or control by a person referred to in sub-article (1) has made possible the commission of the offence, by any person under its authority, for the benefit of that body corporate, which shall upon conviction be liable to the punishment laid down in sub-article (1).
\n
CRIMINAL CODE
\n
(3)Corporate liability pursuant to sub-articles (1) and (2) shall not exclude the possibility of criminal proceedings against natural persons who are perpetrators of the criminal offences referred to in articles 190C, 190D or 190E or who are criminally liable under article 190F.
\n
(4)Without prejudice to the application of the punishments under sub-articles (1) and (2), where a body corporate is held liable pursuant to this article the following sanctions may simultaneously be applied: (a) exclusion from entitlement to public benefits or aid; (b) temporary or permanent exclusion from public tender procedures; (c) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity; (d) placing under judicial supervision; (e) the compulsory winding up of the body corporate; or (f) the temporary or permanent closure of establishments which have been used for the commission of the criminal offence.
\n
(5)This article shall not apply to States or public bodies exercising State authority, or to public international organisations.
\n
Considerable damage or advantage.
\n
Amended by:
\n
XIV.2023.3.
\n
190H. (1) Where the offences referred to in articles 190C, 190D, 190E and 190F involve considerable damage or advantage, the offender shall be liable, on conviction, to imprisonment, for a term of four (4) to eight (8) years.
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(2)The damage or advantage resulting from the criminal offences referred to in article 190C(2)(a), (b), (c) and articles 190D and 190E shall be presumed to be considerable where the damage or advantage involves more than one hundred thousand euro (€100,000).
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(3)The damage or advantage resulting from criminal offences referred to in article 190C(2)(d) and in respect of article 190A(2) shall always be deemed to be considerable.
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Aggravating circumstances.
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190I. The punishment for the offences referred to in articles 190C, 190D, 190E and 190F shall be increased by one to two degrees where the offence was committed within the framework of a criminal organisation within the meaning of Council Framework Decision CRIMINAL CODE 2008/ 841/JHA of 24 October 2008 on the fight against organised crime.
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190J. (1)
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Article 121C shall apply mutatis mutandis to the
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offences under this Sub-title.
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Jurisdiction.
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(2)Without prejudice to the generality of sub-article (1), the Maltese courts shall also have jurisdiction over the offences laid down in this Sub-title where the offender is subject to the Staff Regulations of Officials of the European Union at the time of commission of the criminal offence, and that person is at the same time a citizen or permanent resident in Malta within the meaning of article 5(1)(d):
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Provided that the application of this sub-article shall fully respect the principle of ne bis in idem.
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190K. (1) This Sub-title shall be without prejudice to the recovery of any VAT not paid in the context of the commission of the offences referred to in article 190C(2)(d) or in articles 190D, 190E or 190F.
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Recovery.
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(2)This Sub-title shall be without prejudice to the application of any administrative measures, penalties and fines laid down in law, and any criminal proceedings initiated pursuant to this Sub-title shall not