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Maltese Laws |
To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.
10th June, 1854
ORDER-IN-COUNCIL of the 30th of January, 1854, as amended by Ordinances: IV of
1856, VIII and IX of 1857, X of 1858, IX of 1859, V of 1868, VI of 1871, IV of 1874, III of
1877, I of 1879, III and VII of 1880, IV of 1882, III of 1885, II of 1886, IV and XVI of 1888,
XIV of 1889, II of 1892, VIII of 1893, IV of 1894, III and X of 1896, IV of 1897; the Malta (Use of English Language in legal proceedings) Order-in-Council, 1899; Ordinances: III, VI, XI and XIII of 1899, XI, XII and XVI of 1900, VI and XVI of 1901, I of 1903, I and XII of 1904, XI
of 1905, VIII of 1909, IV of 1910, IX of 1911, XII of 1913, II, VI and XII of 1914, IV of 1916,
XIII and XIV of 1918; the Malta Constitution Letters Patent, 1921; Ordinance XVI of 1921; Acts: XII of 1922, I of 1924, XXVI of 1927, XVI of 1929; Ordinances: VI and VIII of 1930, XIII
and XXVI of 1931, XVI of 1932, VI of 1933; Acts: XXVIII, XXXV and XLI of 1933;
Ordinances: XXII, XXX and XXXVII of 1934, IX and XIII of 1935, XIV and XX of 1936, III and
XV of 1937, I, XXIV, XXVII and XXXV of 1938, I and VI of 1939, XXIX of 1940; Government
Notices Nos. 124 and 248 of 1941. Incorporating also Article 3 of Ordinance II of 1867,
Ordinance IV of 1872, Article 30 of Ordinance VI of 1880 and Ordinance XXXVII of 1934.
This Code was subsequently amended by Ordinances: VIII, XII and XXI of 1944, XXIV of
1946, VI of 1947; Acts: X of 1949, IX of 1950, IV of 1951, V of 1956, XII of 1957; Emergency
Ordinance XX of 1959; Ordinances: XV of 1959, X of 1960, XXV of 1962; Legal Notice 4 of
1963; Acts: XVI and XXIII of 1963, XIII of 1964, XIX and XXXII of 1965; Legal Notice 46 of
1965; Acts: XXXI and XLIII of 1966, II, XXV and XXXI of 1967, XXVII of 1970, III and XXI of
1971, XXXIII of 1972, II, III, XI, XV, XXXVIII and XLVI of 1973, IV, VIII, XXXV and LVIII of
1974, XXIV, XXVII and XXXVII of 1975, III, XIV, XVIII, XIX and XXII of 1976, XI of 1977,
XIII and XVIII of 1980, XLIX and LIII of 1981, IX of 1982, XIII and XIV of 1983, I of 1984, XXXII of 1986, XIII of 1987, XXII of 1988, XXIX of 1989, VIII and XXIX of 1990, XII of 1991, XIX of 1992, XXI of 1993, IV and XXIV of 1994, XXIV of 1995, XVI and XVII of 1996, XXXII
of 1997, II and X of 1998, VII of 1999, X of 2000, III and VI of 2001, III, XIII, XXIV and XXXI
of 2002, IX of 2003, III of 2004, I, V, VI, XIII, XX and XXII of 2005, XVI of 2006; Legal Notice
274 of 2007; Acts VI, XXIV and XXXI of 2007; Legal Notice 407 of 2007; and Acts VIII of
2008, XI of 2009, VII and XXII of 2010, and XXI of 2011.
ARRANGEMENT OF CODE
Articles
Title 1
Preliminary Provisions 2-6
BOOK FIRST PENAL LAWS
PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF THE
OFFENDER, OF ATTEMPTED OFFENCE, OF
ACCOMPLICES AND OF RECIDIVISTS
Title I Sub-title I Sub-title II | Of Punishments and General Rules for their application Of Punishments to which Offences are subject General Provisions respecting the Infliction and Execution | 7-32 7-15 |
of Punishments | 16-30 | |
Sub-title III | Of the Ascent and Descent from one Punishment to another | 31-32 |
Title II | Of the Will and Age of the Offender | 33-40 |
Title III | Of Attempted Offence | 41 |
Title IV | Of Accomplices | 42-48 |
Title IV Bis | Of Conspiracy | 48A |
Title V | Of Recidivists | 49-54 |
PART II
OF CRIMES AND PUNISHMENTS
Title I | Of Genocide, Crimes against Humanity and War Crimes | 54A-54I |
Title I Bis | Of Crimes against the Safety of the Government | 55-62 |
Title II | Of Crimes against the Public Peace | 63-83A |
General Provision applicable to Offences which are |
racially aggravated or motivated by Xenophobia 83B Title III Of Crimes against the Administration of Justice and other
Public Administrations 84-162
Sub-title I Of the Usurpation of Public Authority and of the Powers
thereof 84-90
§ Of the Usurpation of Functions 84
§ Of the Unlawful Assumption by Private Persons of Powers
belonging to Public Authority 85-90
Sub-title II Of Outrage and Violence against Public Officers 91-99
Sub-title III O f C a lumnious Accu sations, o f Per j ur y an d of False
swearing 100-111
Sub-title IV Of Abuse of Public Authority 112-141
§ Of Unlawful Exaction, of Extortion and of Bribery 112-121E
§ Of Abuses committed by Advocates and Legal Procurators 122-123
§ Of Malversation by Public Officers and Servants 124-127
§ Of Abuses relating to Prisons 128-130
§ Of the Refusal of a Service lawfully due 131-132
§ Of Abuse of Authority, and of Breach of Duties pertaining
to a Public Office 133-140
General Provision applicable to Public Officers 141
Sub-title V Of the Violation of Public Archives, Public Offices, Public
Places of Confinement, and Public Monuments 142-162
§ Of the Breaking of S e als, an d of th e Pur l o i ni ng of
Documents or Deposits from the Public Archives or
other Public Offices 142-150
§ Of the Violation of Public Places of Confinement, of the
Escape of Persons in Custody or Suspected or
Sentenced, and of the Harbouring of Offenders 151-160
§ Of the Violation of Public Monuments 161-162
Title IV Of Crimes against the Religious Sentiment 163-165
Title V Of Crimes affecting Public Trust 166-190
Sub-title I Of Forgery of Papers, Stamps and Seals 166-178
Sub-title II Of Forgery of other Public or Private Writings 179-188
General Provisions applicable to this Title 189-190
Title VI Of Crimes against Public Trade 191-195
Of Bankruptcy Offences 191-195
Title VII Of Crimes affecting the Good Order of Families 196-210
Sub-title I Of Crimes relati ng to the Re cipr oca l Duti es of th e
Members of a Family 196-197
Sub-title II Of Crimes against the Peace and Honour of Families and
against Morals 198-209
Sub-title III Of Crimes tending to Prevent or Destroy the Proof of the
Status of a Child 210
Title VIII Of Crimes against the Person 211-257
Sub-title I Of' Wilful Homicide 211-213
Sub-title II Of Wilful Offences against the Person 214-222A
Sub-title III Of Justifiable Homicide or Bodily Harm 223-224
Sub-title IV Of Involuntary Homicide or Bodily Harm 225-226B
Sub-title V Of Excuses for the Crimes referred to in the foregoing Sub-
titles of this Title 227-238
Sub-title VI Of the Concealment of Homicide or Bodily Harm, and of
the Concealment of Dead Bodies 239-240
Sub-title VII Of Abortion, o f th e Administratio n or Su pplying o f
Substances Poisonous or Injurious to Health,and of the
Spreading of Disease 241-244A
Sub-title VIII Of Infanticide and of the Abandonment, Exposure and Ill-
treatment of Children 245-248 Bis
Sub-ti tle VII
Bis
Of the Traffic of Persons 248A-248E
Sub-title IX Of Threats, Private Violence and Harassment 249-251D
Sub-title X Of Defamation, and of the Disclosing of Secret Matters 252-257
Title IX Of Crimes against Property and Public Safety 261-337H
Sub-title I Of Theft 261-289
§ Of Aggravated Theft 261-283A
§ Of Simple Theft 284-288
General Provision applicable to this Sub-title 289
Sub-title II Of other Offences relating to Unlawful Acquisition and
Possession of Property 290-292
Sub-title III Of Fraud 293-310C
Sub-title IV Of Crimes against Public Safety, and of Injury to Property 311-328
Sub-title IV A Of Acts of Terrorism, Funding of Terrorism and Ancillary
Offences 328A-328M Sub-title IV B Of Piracy 328N-328O General Provisions applicable to this Title 329-337AA
Sub-title V Of Computer Misuse 337B-337H
PART III
OF CONTRAVENTIONS AND PUNISHMENTS
Title I | Of Contraventions | 338-340 |
Sub-title I | Of Contraventions affecting Public Order | 338 |
Sub-title II | Of Contraventions against the Person | 339 |
Sub-title III | Of Contraventions against Property | 340 |
Articles | ||
Title II | Of the Punishments for Contraventions | 341-344 |
General Provision | 345 |
BOOK SECOND
LAWS OF CRIMINAL PROCEDURE
PART I
OF THE AUTHORITIES TO WHICH THE
ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED
Title I O f t h e P o w e r s a n d D u t i e s o f t h e E x e c u t i v e P o l i c e i n
respect of Criminal Prosecutions 346-366
General 346-350
Sub-title I Power to Stop and Search 351-354
Sub-title II Road Checks 355-355D
Sub-title III Powers of Entry, Search and Seizure under Warrant 355E-355J
Sub-title IV Powers of Entry and Search without Warrant 355K-355O
Sub-title V Seizure and Retention 355P-355U
Sub-title VI Powers of Arrest and Detention 355V-355AF
Sub-title VII Warrants 355AG-
355AK
Sub-title VIII Detention 355AL-
355AR
Sub-title IX Rights of Persons Detained 355AS-
355AU
Sub-title X Taking of Samples, Fingerprinting and other Investigative 355AV-BC
Procedures
Sub-title XI P o wers and Duties of the Police in re spect of Court
Proceedings 356-366
Title II Of the Court of Magistrates 367-429
Sub-title I Of t h e Co ur t o f Magi str a tes as Court of Cri minal
Judicature 370-388
Sub-title II Of the Court of Magistrates as Court of Criminal Inquiry 389-409A
General Provisions applicable to the Court of Magistrates,
whether as Court of Criminal Judicature or as Court of
Criminal Inquiry 410-412D
Sub-title III Of Appeals from Judgments of the Court of Magistrates as
Court of Criminal Judicature 413-429
Title III Of the Attorney General 430-435E
Title IV Of the Criminal Court 436-496
Title V The Court of Criminal Appeal 497-515
Provisions applicable to the Courts of Criminal Justice 516-534
PART II
OF MATTERS RELATING TO CERTAIN MODES OF PROCEDURE AND TO CERTAIN TRIALS
Title I Title II | Of Reports, Informations and Complaints O f I nquiries relating to the '' I n genere '' , Inqu es t s an d | 535-545 |
''Reperti'' | 546-569 | |
Title III | Of Counsel for the Accused | 570-573 |
Title IV | Of Bail | 574-587 |
Title V | Of the Indictment | 588-602 |
Title VI | Of Jurors | 603-619 |
Title VII Allegation of Insanity and other Collateral Issues before
the Criminal Court 620-628
Title VIII Of Mutual Assistance in Criminal Matters 628A-628B
PART III
OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS
Title I Sub-title I Sub-title II Title II Title III Title IV | Of Witnesses and Experts Of Witnesses Of Experts Of Confessions Of Decisions and their Execution Of Property belonging to the Person Charged or Accused or | 629-657 629-649 650-657 658-661 662-666 |
to other Persons and connected with Criminal Proceedings 667-679 | ||
Title V | Of the Respect due to the Court | 686 |
Title VI | Of Prescription | 687-694 |
Title VII | Of Fees | 695 |
Title VIII | General Provisions | 696-698 |
SCHEDULES
Schedule A Fees payable to the Executive Police in Cases instituted on the Complaint of the Injured Party.
Schedule B F ees payable in the Registry in Ca ses institute d on the
Complaint of the Injured Party.
Schedule C F ees payable to Legal Practitioners befo re t h e Court of
Magistrates - Criminal Jurisdiction.
Schedule D
Title. l. The title of this Code is Criminal Code.
Classification of offences. Amended by:
XI. 1900.1.
Actions arising from an offence. Amended by: VI.1871.1.
PRELIMINARY PROVISIONS
(2) The criminal action is prosecuted before the courts of criminal jurisdiction, and the punishment of the offender is
thereby demanded.
(3) The civil action is prosecuted before the courts of civil jur i sdiction, and compensation for t h e damage caused
by the offence is thereby demanded.
Nature of criminal action.
Amended by: L.N. 46 of 1965; LVIII. 1974.68;
XXVII. 1975.2; III. 2002.2.
Prosecution. (2) A criminal action is prosecuted ex officio in all cases where the complaint of the private party is not requisite to set the action in motion or where the law does not expressly leave the prosecution of the action to a private party.
Persons subject to prosecution. Amended by: VI.1899.1; XI.1899.107; I.1903.1; XXXI.1966.2; XXXIII.1972.2; XI.1973.377; XXIV.1975.2; XXIX. 1990.2; XVII. 1996.19;
III. 2002.3; XIII. 2002.10;
XXIV. 2002.13.
(a) against any person who commits an offence in Malta, or on the sea in any place within the territorial jurisdiction
of Malta;
(b) against any person who commits an offence on the sea beyond such limits on board any ship or vessel belonging to Malta;
(c) against any person who commits an offence on board any aircraft while it is within the air space of Malta or on board any aircraft
belonging to Malta wherever it may be;
For the purposes of this paragraph the expression "air space" means the air space above the land areas and territorial
waters of Malta;
(d) without prejudice to the preceding paragraphs of this subarticle, against any citizen of Malta or permanent resident in Malta
who in any place or on board any ship or vessel or on board any aircraft wherever it may be shall have become guilty of the offences
mentioned in article 54A or of an offence against the safety of the Government or of the offences mentioned in articles
133, 139A, or of the offences mentioned in articles 311 to 318 and in article 320 when these are committed or are directed against
or on a state or government facility, an infrastructure facility, a public place or a place accessible to the public, a
public transportation system, or of forgery of any of the Government debentures referred to in article 166 or of any of
the documents referred to in article 167, or of the offence mentioned in article 196, or of any other offence against the
person of a citizen of Malta or of any permanent resident in Malta;
For the purposes of this paragraph:
"permanent resident" means a person in favour of whom a permit of residence has been issued in accordance
with the provisions contained in article 7 of the of the Immigration Act;
"offence against the person" includes the offences mentioned in articles 86 to 90 and in articles 211 to
205;
the expressions "state or government facility", "infrastructure facility" and "public
transportation system" shall have the same meaning assigned to them respectively by article 314A(4);
(e) against any person who being in Malta -
(i) shall have become guilty of any offence under article 87(2) or articles 198, 199, 211, 214 to 218,
220, 249 to 251, 311, 312, 314A, 314B, 316 or
317 when committed or directed on or against the person of a protected person or to the
prejudice or injury of such person or likely to endanger the life or to cause serious injury to the property, life or health of such
a person, or in
connection with an attack on any relevant premises or on any vehicle ordinarily used by a protected person or when a
protected person is
on or in the premises or vehicle; or
(ii) shall have committed any act which if committed in Malta would constitute an offence and such act involved
the use of a bomb, grenade, rocket, automatic firearm, letter bomb or parcel bomb which endangered persons,
although the offences referred to in this paragraph shall have been committed outside Malta:
Provided that for the purposes of sub-paragraph (i) of this paragraph it shall be immaterial whether the offender knew that the person
was a protected person;
(f) against any person who -
(i) commits any offence in premises or in a building outside Malta having diplomatic immunity due to the fact that it is being
used as an embassy, a
Cap. 217.
residence or for such other purpose connected with the diplomatic service of Malta; or
(ii) commits an offence in a place outside Malta when such person enjoys diplomatic immunity by virtue of such service;
(g) against any person who being in Malta, shall be a principal or an accomplice in any of the crimes referred to
in article 87(2), or in articles 139A, 198,
199, 211, 214 to 218, 220, 249 to 251, 298, or in articles 311 to 318 or in article 320 when these are
committed in the circumstances mentioned in paragraph (d) or (e) of this subarticle, or in a crime which is committed by any act as is mentioned in
paragraph (e)(ii) of this subarticle, or conspires with one or more persons for the purpose of committing any of the said crimes, although the
crimes shall have been
committed outside Malta;
(h) against any person in respect of whom an authority to proceed, or an order for his return, following a request by a country
for his extradition from Malta, is not issued or made by the Minister responsible for justice on the ground that the said
person is a Maltese citizen or that the offence for which his return was requested is subject to the death penalty in the country
which made the request, even if there is no provision according to the laws of Malta other than the present provision
in virtue of which the criminal action may be prosecuted in Malta against that person;
(i) against any person who commits an offence which, by express provision of law, constitutes an offence even when committed outside
Malta:
Exception. Provided that no criminal action shall be prosecuted against the President of Malta in respect of acts done in the exercise of the functions of his office.
(2) For the purposes of subarticle (1)(b) and (c), a ship or vessel or an ai rcraft shall be deemed to belong to Malta if it i s registered in Malta or, if it is not registered
anywhere, is owned wh olly by p e rsons habit u ally resi dent i n Malta o r by bodi es corporate established under and subject to
the laws of Malta and having their principal place of business in Malta.
(3) For the purposes of subarticle (1)(e):
"a protected person" means, in relation to an alleged offence, any of the following:
(a) a person who at the time of the alleged offence is a Head of State, a member of a body which performs the functions of
Head of State under the constitution of the State, a Head of Government or a Minister for Foreign Affairs and is outside the
territory of the State in which he holds office;
(b) a person who at the time of the alleged offence is a
representative or an official of a State or an official or agent of an international organisation of an inter- governmental
character, is entitled under international law to special protection from attack on his person, freedom or dignity and does
not fall within the preceding paragraph;
(c) a person who at the time of the alleged offence is a member of the family of another person mentioned in either of the preceding
paragraphs and -
(i) if the other person is mentioned in paragraph (a)
above, is accompanying him,
(ii) if the other person is mentioned in paragraph (b)
above, is a member of his household;
"relevant premises" means premises at which a protected person r e sid e s o r is stay in g or w h i c h a p r ot ected
p e rson u s es f o r t h e purpose of carrying out his functions as such a person; and
"vehicle" includes any means of conveyance;
and if in any proceedings a question arises as to whether a person is or was a protected person, a certificate issued by or
under the authority of the Minister responsible for foreign affairs and stating any fact relating to the question shall be conclusive
evidence of that fact.
Criminal and civil actions are independent of each other.
BOOK FIRST
PENAL LAWS
PART I
OF PUNISHMENTS AND GENERAL RULES FOR
THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE,
OF ACCOMPLICES AND OF RECIDIVISTS
Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION
Sub-title I
Punishments to which crimes and contraventions are subject.
Amended by: II.1886.1;
XVI.1888.1; XI.1900.2; IX.1911.1;
XXI.1971.2; XLIX.1981.4.
Punishment restrictive of personal liberty.
OF PUNISHMENTS TO WHICH OFFENCES ARE SUBJECT
(a) imprisonment;
(b) solitary confinement; (c) interdiction;
(d) fine (multa).
(2) Subject to the provisions of article 53 or of any other special law , the punishm e nt s that may be awarded for
contraventions are -
(a) detention;
(b) fine (ammenda);
(c) reprimand or admonition.
(3) The expression "punishments restrictive of personal liberty" includes the punishments of imprisonment and
detention.
Imprisonment. 8. (1) Persons sentenced to imprisonment shall be confined in t h e pri s o n or in that p a rt o f t h e pri s o n appo inted for person s se ntenced to that punis hment , and th ey shall b e subj ect to th e restrictions prescribed in the prison regulations lawfully made.
(2) The duration of the punishment of imprisonment is established by law in each particular case.
Solitary confinement. Amended by: XLIX. 1981.4; III. 2002.4.
the Minister responsible for the prisons, to have access to him.
(2) No term of solitary confinement shall exceed ten continuous days.
(3) More terms of solitary confinement may only be applied with an interval of two months between one term and another.
(4) Nevertheless, solitary confinement may be applied during those intervals in case o f any infringement of t h e pri s on regulations,
or for any other offence committed during the said
intervals, provided that the terms be of short duration and that they shall not together exceed fifteen days in any one interval.
(5) Where the law prescribes the punishment of solitary confinement and does not specify the particular number of terms,
it shall not be lawful to inflict more than twelve terms of solitary confinement.
(6) The punishment of solitary confinement is applied in the cases prescribed by law.
(7) Before awarding the punishment of solitary confinement th e co ur t shal l sati sfy i tsel f, i f ne cessary by medical
evidence, which may include a medical examination of the person convicted, that the person convicted is fit to undergo the said punishment.
(8) Where, in the course of the execution of the punishment of solitary confinement, the medical officer of the prison certifies
in wri tin g th at t h e p r iso n er is n o lo ng er fi t to un der g o su ch punishment, the execution of that punishment shall
be suspended until such time as the prisoner is again certified to be medically fit to undergo such punishment.
Duration of each term of solitary confinement.
Rules to be observed.
(2) General interdiction disqualifies the person sentenced for any public office or employment, generally.
(3) Special interdiction disqualifies the person sentenced from holding some particular public office or employment, or from the
exercise of a particular profession, art, trade, or right, according to the law in each particular case.
(4) Either kind of interdiction may be for life or for a stated time.
(5) Temporary interdiction shall be for a time not exceeding five years, except where the law especially prescribes a longer time.
(6) Interdiction, whether for life or for a stated time, may, upon the application of the person sentenced to such punishment and
on good grounds being shown to the satisfaction of the court by which the sentence was awarded, be discontinued at any time by order
of the said court.
Interdiction. Amended by: XI. 1900.3; VIII.1909.1; VI. 1947.3.
General interdiction.
Special interdiction.
Duration of interdiction.
Publication of sentence of interdiction.
Penalty for non- fulfilment of obligations.
Fine (multa). Amended by: XI.1900.4; XII.1914.1; XXII.1934.2; XXVII.1938.2; V.1956.2; III.1971.2; XXXIII.1972.3; XXII.1976.4. Substituted by: XIII.1980.2. Amended by: XIII. 1983.5; III. 2002.5;
L.N. 407 of 2007; XXI. 2011.45.
(7) The court shall order a sentence awarding general or special interdiction or a decree ordering the discontinuance thereof to
be pub li sh ed i n t h e G a zette, but , in respect of a decr ee o r deri ng d i sconti nuance as aforesai d, at th e expen s
e of the p e rson concerned.
(8) If any person sentenced to interdiction, shall infringe any of t h e o b l i gat i on s arisin g from th at pun ishm ent ,
he sh all , on conviction, be liable to imprisonment for a term not exceeding three months and to a fine (multa).
11. (1) Where it is not otherwise specifically provided, the maximum of a fine (multa) is one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and the minimum is twenty-three euro and twenty-nine
cents (23.29).
(2) Where the maximum of a fine (multa) prescribed in this Code or in any other law is less than twenty-three euro and twenty- nine cents (23.29), the maximum shall be
twenty-three euro and twenty-nine cents (23.29) and the minimum shall be eleven euro and sixty-five cents (11.65).
(3) In default of payment of a fine (multa) within the period prescribed in article 14, such fine (multa) shall be converted into imprisonment at the rate of one day for every thirty-five euro (35) or part thereof:
Provided that in no case (save as provided in article 17(g) and in article 29(1)) shall imprisonment in substitution of a fine ( mu lt a ) exceed six months if the fine is not higher than seven thousand euro (7,000), one year if the fine is not higher than thirty thousand
euro (30,000), eighteen months if the fine is not higher than eighty thousand euro (80,000) and two years if it is higher than eighty
thousand euro (80,000).
Detention. Amended by: IV. 1874.1; II.1886.2: XVI.1888.2; XXV.1962.3; L.N.4 of 1963;
L.N.46 of 1965; XXXI. 1966.2.
Substituted by: III. 2002.6.
(2) Where it is not otherwise specifically provided, no term of detention shall exceed two months.
Fine (ammenda).
Amended by:
II. 1886.3;
XVI. 1888.3;
XI. 1900.5;
IX. 1911.2;
XII.1914.2,3;
XXII.1934.3;
V.1956.3;
III.1971.3;
XIII.1980.3;
XIII.1983.5;
L.N. 407 of 2007.
Conversion of fine (ammenda) into detention.
13. (1) Where it is not otherwise specifically provided, the maximum of a fine (ammenda) is fifty-eight euro and twenty-three cents (58.23) and the minimum is six euro and ninety- nine cents (6.99).
(2) In default of payment of a fine (ammenda) within the period prescribed in article 14, the fine (ammenda) shall be converted into detention at the rate of one day for every eleven euro and sixty-five
cents (11.65) or fraction thereof:
Provided that in no case (save as provided in article 29(1), in article 17(g) and in article 53) shall detention in substitution for a fine (ammenda) exceed one month.
14. (1) A person sentenced to a fine (ammenda or multa) shall pay the same forthwith. Nevertheless the court may, for a reason to be recorded, order that the person sentenced shall pay
the fine to the registrar within such period as the court in passing sentence shall direct:
Provided that, in the case of a fine (ammenda) of fifty-eight euro and twenty-three cents (58.23) or less, the said period shall not be more than ten days, and, in the case of
a fine (ammenda) of more than fifty-eight euro and twenty-three cents (58.23), or in the case of a fine (multa), the said period shall not be more than one month:
Provided that in default of payment of the fine (multa or ammenda) within the time laid down by the court in its sentence or, failing
a time-limit in the sentence, within the time of one week from the date of the se ntence, th e said fi ne shal l be conv erted
forthwith into imprisonment or detention as provided in articles 11 and 13 as the case may be, and the police shall, by virtue of the authority conferred upon them by the sentence and by this proviso,
arrest the person sentenced an d shall escort him to the place d e sign ated accordi ng to law for t h e con f inement of persons
sentenced to a fine converti ble into impri sonment or dete ntion according to law:
Provided further that the court may, notwithstanding the p r ovi sions of arti cl es 11 and 13, in passin g sentence of a fine
(ammenda or multa) determine any other period of detention or im pr isonm en t w h ich th e o ff e nder sh all und erg o i n d e fau lt of payment
thereof forthwith or within the prescribed time, as the case may be; but the period of detention or imprisonment so determined shall
in no case exceed the period laid down in articles 11 and 13, respectively.
(2) The court may also in its discretion in passing sentence or at any time thereafter direct that any fine (ammenda or multa) to which any person is sentenced, may be paid by instalments in such amounts and in relation to such recurrent intervals as the
court may deem fit, but so nevertheless that the period over which the whole amount shall be paid shall in no case exceed three years,
and that in default of payment of any one such instalment the whole of the am oun t out st an ding sh al l becom e and b e imm
ediately due and payable, and all the provisions of this Code applicable to a sentence of fine (ammenda) or of fine (multa) and to arrest and detention or imprisonment, as the case may be, in default of payment thereof, shall apply to the same accordingly.
Time for payment of fine (multa or ammenda).
Added by: XXII. 1934.4. Amended by:
XIV. 1936.2: VI. 1947.4; V. 1956.4;
III. 2002.7;
L.N. 407 of 2007.
Power of court to fix other period of detention or imprisonment.
Reprimand or admonition. Repealed by: II.1886.4.
and
re-enacted by:
XVI.1888.4.
(2) Whosoever shall receive the reprimand or admonition with ove r t acts of contempt or want of respect, sh al l be li able to detention or to a fine (ammenda).
Sub-title II
Reckoning of punishment.
Concurrent offences and punishments. Amended by: IX.1859.1;
XI. 1900.6; IX.1911.3,4;
XII.1914.4; XXXIII.1972.4; XXXVIII.1973.2;
XLIX. 1981.4,6; XVI.1996.6.
GENERAL PROVISIONS RESPECTING THE INFLICTION AND
EXECUTION OF PUNISHMENTS
(a) a person guilty of more than one crime liable to punishments restrictive of personal liberty, one of which is
for life, shall be sentenced to this punishment with the addition of solitary confinement;
(b) a person guilty of more than one crime liable to temporary punishments restrictive of personal liberty, shall be sentenced
to the punishment for the graver crime with an increase varying from one-third to one- half of the aggregate duration
of the other punishments, provided the period to be awarded shall not exceed thirty-five years;
(c) a person guilty of more than one contravention shall be sentenced to the punishment established for each contravention:
Provided that if the accused is sentenced to detention, the aggregate duration of the punishment to be awarded shall
in no case exceed the period of three months;
(d) a person guilty of one or more crimes and of one or more contraventions, shall only be sentenced to the punishment established
for the crime or to the punishment to which the offender may be liable for the commission of more crimes according to
the rules laid down in the preceding paragraphs, if the punishment to be inflicted for the crimes is not less than three
months’ imprisonment. Where the punishment to be inflicted for the crimes is less than three months’ imprisonment,
the punishment established for the contravention or the punishment to which the offender may be liable for the
commission of more
preceding paragraph, shall also be applied;
(e) where the law prescribes the punishment of temporary interdiction, that which is of the longest duration shall be applied with
an increase varying from one-third to one-half of the aggregate duration of the others:
Provided that the term awarded shall in no case exceed twenty years;
(f) a person found guilty of more than one offence liable to pecuniary punishments shall be sentenced to the punishment of
the higher or highest fine (multa or ammenda), as the case may be, in addition to one-half of each of the other fines (multa or ammenda);
(g) in the case of conversion of more than one pecuniary punishment into a punishment restrictive of personal liberty, the duration of this punishment shall not exceed three years, in the case of a fine (multa), or six months in the case of a fine (ammenda); and if both fines (multa and ammenda) have been awarded, the conversion shall be made into detention or imprisonment as the court shall direct;
(h) when several offences, which taken together do not constitute an aggravated crime, are designed for the commission of another offence, whether aggravated or simple, the punishment for the graver offence shall be applied.
Continuous offence. Amended by: XI. 1900.6.
Rules respecting the award of punishments.
Punishment not awardable in its minimum. Amended by: XI.1900.7;
IX. 1911.5; XLIX. 1981.6.
Punishment below prescribed minimum.
Added by: XII. 1944.2.
Amended by: XXI. 1971.4.
sentences of imprisonment. Added by:
VI. 1947.6. Substituted by:
III. 2002.8.
of imprisonment or detention in default of payment of a fine (multa or ammenda), any time prior to conviction and sentence during which the person sentenced is in prison for the offence or offences for which
he has been so convicted and sentenced, not being time in prison in execution of a sentence, shall count as part of the term of imprisonment
or detention under his sentence; but where he was previously subject to a probation order, an order for conditional discharge or
to a suspended sentence in respect of such offence or offences, any such period falling before that order was made or suspended
sentence passed shall be disregarded for the purposes of this article:
Provided that where any time prior to conviction as aforesaid has, by virtue of this article, been counted as part of the
term of imprisonment or detention under the sentence in respect of that conviction, such time shall not be counted as part of the
term of imprisonment or detention under any other sentence.
Forfeiture of corpus delicti. Amended by: VI. 1947.7; XXXI. 2007.3.
23. (1) The forfeiture of the corpus delicti, of the instruments used or intended to be used in the commission of any crime, and of anythi ng obtain e d by such crime, is a
consequence of t h e punishment for the crime as established by law, even though such forfeiture be not expressly stated in the law,
unless some person who has not participated in the crime, has a claim to such property.
(2) In case of contraventions, such forfeiture shall only take place in cases in which it is expressly stated in the law.
(3) In the case of things the manufacture, use, carrying, keeping or sale whereof c o nstitut es an offence , the forfeiture
thereof may be ordered by the court even though there has not been a conviction and although such things do not belong to the accused.
(4) Notwithstanding the provisions of subarticles (1) to (3), where the Attorney General communicates to a magistrate a request
by a foreign au thority for the return of an arti cl e o b tained by criminal means for purposes of restitution to its rightful
owner, the court may after hearing the parties and if it deems it proper so to act after taking into consideration all the circumstances
of the case, order that the forfeiture of any such article shall not take place and that the article shall be returned to the requesting
foreign authority.
Freezing of property of person accused.
Added by: III. 2002.9. Amended by:
III. 2004.69.
"relevant of fence" me ans a ny of fence no t bei n g on e o f an in voluntary nature oth er than a crim e under t h e
Ordinances or u nder t h e A c t, li abl e to th e pu ni sh men t o f im pr ison men t o r of detention for a term of more than one
year;
Cap. 373. "the Act" means the Prevention of Money Laundering Act;
Cap. 101. Cap. 31.
"the Ordinances" means the Dangerous Drugs Ordinance and the
Medical and Kindred Professions Ordinance.
(2) Where a person is charged with a relevant offence the provisions of article 5 of the Act shall apply mutatis mutandis and the same provisions shall apply to any order made by the Court by
the said article 5 of the Act.
(1A) Any property, whether in Malta or outside Malta, of or in the possession or under the control of any person convicted of a relevant
offence or in the possession or under the control of a body corporate as ma y become lia ble under the pr ov isions of article
121D shall, unless proved to the contrary, be deemed to be derived from the relevant offence and be liable to confiscation or forfeiture
by the court.
(1B) The provisions of article 7 of the Act shall mutatis mutandis apply sohowever that any reference in that article to "article 3(3)" shall be construed as a reference to subarticle (1A)
of this article and any reference in the said article 7 to "an offence under article
3" shall be construed as a reference to a relevant offence.
(2) Where the proceeds of the offence have been dissipated or for any other reason whatsoever it is not possible to identify and
forfeit those proceeds or to order the forteiture of such property the value of which corresponds to the value of those proceeds
the court shall sentence the person convicted or the body corporate, or the person convicted and the body corporate in solidum, as the case may be, to the payment of a fine (multa) which is the equivalent of the amount of the proceeds of the offence. The said fine may be r e co vered as a ci vil d e b t an
d the sent ence of th e Co urt sh al l constitute an executive title for all intents and purposes of the Code of Organization and Civil Procedure.
(3) For the purposes of this article:
"proce eds" means any economic advantage and any property derived from or obt ained, directly or indirectly, through the
commission of the offence and includes any income or other benefits derived from such property;
"property" means assets of every ki nd, whether corporeal or incorporeal, movable or immovable, tangible or intangible,
and legal documents or instruments evidencing title to, or interest in, such assets;
"relevant offence" and "the Act" have the same meaning assigned to them by article 23A(1).
Forfeiture of proceeds. Added by: III. 2002.9.
Amended by: XXXI. 2007.4.
Cap. 12.
Forfeiture of prop- erty derived from criminal activity. Added by:
XXXI. 2007.5.
Cap. 101.
forfeiture.
(2) When a person has been found guilty of a relevant offence and in consequence thereof any moneys or other movable property or
any immovable property is liable to forfeiture, the provisions of article 22(3A)(b) and (d) of the Dangerous Drugs Ordinance shall apply mutatis mutandis in the circumstances mentioned in those paragraphs.
Liability of person having the charge of another, in case of contravention. Added by: VIII.1909.2.
Abolition of disabilities arising out of punishments. Amended by: VI.1871.2;
XXI. 1971.5.
Right of civil action unaffected. Amended by:
VIII. 1909.3.
(2) A pardon commuting or remitting a punishment lawfully awarded shall not operate so as to bar the civil action.
Difference between punishment at the time of the offence and that at the time of trial.
Rules as to the serving of punishments. Amended by: XII. 1914.5.
(2) If any person, while actually undergoing one punishment, shall be sentenced to another punishment either of the same or of
a less severe kind, he shall continue to undergo the first punishment, and immediately on its termination, he shall undergo the
second punishment.
(3) If the second punishment be heavier than the first, the person se ntence d shall at onc e be subjected to the second
punishment, and on its termination, he shall immediately revert to the first punishment and undergo the remainder thereof.
(4) The punishment of interdiction shall take effect from the date of the sentence awarding such punishment.
28I, a court which passes a sentence of imprisonment for a term of not more than two years for an offence may order that the sentence
shall not take effect unless, during a period specified in the order, being not less than one year or more than four years from the
date of the order, the offender commits another offence punishable with
impris onment a nd therea fte r a c ourt competent to do so or ders under article 28B that the original sentence shall take effect;
and in this article and whenever it occurs in articles 28B to 28G and in
article 28I "operation a l p e riod ", in relation t o a suspended sentence, means the period so specified.
(2) A court shall not deal with an offender by means of a suspended sentence unless the case appears to the court to
be one in which a sentence of imprisonment would have been appropriate in the absence of any power to suspend such a sentence by
an order under subarticle (1).
(3) A court which passes a suspended sentence on any person for an offen ce shall not m a ke in hi s case a prob at ion order,
as provi ded in th e Prob ation Act, in respect o f another offen ce of which he is convicted by or before the court or for which he is dealt with by the court.
(4) On passing a suspended sentence the court shall explain to the offender in ordinary language his liability under article 28B
if during the operational period he commits an offence punishable with imprisonment.
(5) A suspended sentence which has not taken effect shall for all intents and purposes of law be deemed, except as provided in
subarticle (1), to be a sentence awarding punishment and nothing in this article shall be deemed to effect -
(a) the applicability of any other punishment which may be awarded, or any suspension, cancellation, disqualification,
forfeiture, loss or removal which may be ordered, together with the punishment of imprisonment so suspended; and
(b) the operation of articles 383, 384, 385, 386, 387 and
533.
(5A) Without prejudice to the provisions of article 28F, the punishment awarded under a suspended sentence whe n that sentence
has not taken effect shall, for the purposes of article 50, be deemed to have expired on the exp i ration of the original operational
period referred to in subarticle (1) or of the operational period substituted therefore as provided in article 28B(2)(b).
(6) The provisions of subarticle (1) shall not apply to any imprisonment awarded in default of payment of a fine (multa) or of costs.
(7) An order under subarticle (1) shall not be made in any of the following cases -
(a) where the person sentenced is already serving a sentence of imprisonment;
Suspended sentence of imprisonment. Added by: XXIX. 1990.3. Amended by: III. 2002.10.
Cap. 446.
Cap. 446.
terms of article 50;
(c) where the offence has been committed during a period of probation or of conditional discharge under the Probation Act.
(8) The registrar shall keep a special register of offenders dealt with by means of a suspended sentence.
Commission of an offence during the operational period. Added by:
XXIX. 1990.3.
(2) If the further offence committed during the operational period is of an involuntary nature or if, in the case of any other
kind of offence, the court is of opinion, in view of all the circumstances including the facts of such further offence, that it would
be unjust to make an order under subarticle (1), it may deal with the offender by one of the following methods -
(a) it may abstain from making an order under subarticle (1) and the operational period shall then remain in force; or
(b) it may by order vary the original order under article
28A(1) by substituting for the operational period
specified therein a period expiring not later than four years from the date of the variation:
Provided that if it does not make an order under subarticle
(1) the court shall state its reasons.
(3) In proceedings for dealing with an offender in respect of a suspended sentence which take place before the Criminal Court any
question whether the offender has been convicted of an offence punishable with imprisonment committed during the operational per
i o d of t h e susp end e d sent en ce sh all , n o tw it hst a nd in g t h e provisions of article 436(2) and of article 467, be
determined by the court and not by the verdict of a jury.
(4) Where a court deals with an offender under this article in respect of a suspended sentence passed by another court t h e registrar
shall, by means of a copy, notify forthwith the court which passed the sentence of the method adopted.
(5) Where a court deals with an offender under this article the regist rar sh al l mak e th e necessary ann o tati on s in t h
e special register mentioned in article 28A(8).
(2) Where an offender is convicted by the Court of Magistrates o f an offence pu ni shab le wi th i m p r i s on ment an d th e
co ur t is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Criminal
Court, that court shall commit the offender in custody or on bail before the Criminal Court for the purpose of being dealt with
in respect of the suspended sentence:
Provided that where the Court of Magistrates is of the opinion that the appropriate punishment for the further offence is
imprisonment, the provisions of article 28E(3) shall apply.
(3) For the purposes of this article and of articles 28D and
28E -
Competent court for dealing with suspended sentence.
Added by: XXIX. 1990.3.
Amended by: VIII. 1990.3; III. 2002.11.
(a) a suspended sentence passed on an offender on appeal shall be deemed to have been passed by the court from which the appeal was
made;
(b) the Juvenile Court shall be deemed to be a Court of Magistrates (Malta) or a Court of Magistrates (Gozo), as the case may be.
28D. (1) If it appears to the Court of Criminal Appeal, to the Criminal Court or to the Court of Magistrates that an offender has been
co nv ict e d o f an of fence pu ni sh abl e w i t h im priso n m e nt committed during the operational period of a suspended sentence
and that he has not been dealt with in respect of the suspended sentence, that court shall, either ex officio or on the application of the Attorney General or of the Executive Police, as the case may require, issue a summons ordering the offender
to appear before it on a date and at a time specified therein, or a warrant for his arrest.
(2) A summons or warrant issued under this article shall direct the offender to appear or to be brought before the court in order
to be dealt with in respect of the suspended sentence.
Suspended sentence not dealt with on conviction of further offence. Added by: XXIX.1990.3. Amended by:
VIII. 1990.3; III. 2002.12.
28E. (1) Where an offender is sentenced for more than one crime in accordance with the provisions of article 17(b), an order un der arti cl e 2 8 A ( 1 ) m a y be ma de if t h e sin g l e t e rm of imprisonment deemed appropriate and
fixed by the court in the sentence so suspended does not exceed two years and if the other conditions for a suspended sentence to
be passed apply.
(2) Deleted by: III. 2002.13.
(3) Where the Court of Magistrates convicts an offender of an o f fence p uni shabl e wi th imp riso nment commi tted du rin g
t h e operational period of a suspended sentence passed by the Criminal Court, it shall, after making the declaration of guilt of
the offender in respect of such offence and stating its conclusion, where it is so satisfied, that the appropriate pu ni shmen t
for t h at o f fence is imp rison m ent , refer th e case for th e deter m i n atio n of th e punishment to the Criminal Court by
committing the offender to
Concurrent offences and punishments in relation to suspended sentence.
Added by: XXIX.1990.3. Amended by: VIII. 1990.3; III. 2002.13.
that court as provided in article 28C(2) without pronouncing the term of imprisonment for the further offence:
Provided that if the Criminal Court does not make an order under article 28B(1), it shall determine the term of imprisonment for the
further offence only.
(4) Deleted by: III. 2002.13.
(5) No court dealing with an offender as provided in article
28C and in this article may vary the term of imprisonment awarded
in the suspended sentence by reducing such term, except in so far as may be ne cess a ry for the purpos e of complianc e with the
provisions of article 17(b).
Recidivists. Added by: XXIX.1990.3.
Suspended sentence supervision order. Added by:
XXIX. 1990.3. Amended by:
III. 2002.14;
L.N. 407 of 2007.
Cap. 446.
(2) A supervision order shall specify the name, address and other identification particulars of the offender, and the supervising
officer shall be a probation officer appointed under the Probation Act and named in the supervision order; and the supervision order may moreover require the offender to comply, during the whole or any
part of the period of supervision, with such requirements as may be imposed by the court under the provisions of article 7 of the
said Act.
(3) An offender in respect of whom a supervision order is in force shall keep in touch with the supervising officer in accordance
with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
(4) The court by which a supervision order is made shall cause a co py o f th e orde r to b e served fort hw it h on t h e su
pervi s i n g officer.
(5) A supervision order shall cease to have effect if before the end of a period specified in it -
(a) a court orders that the suspended sentence passed in the proceedings in which the supervision order was made shall have effect;
or
(b) the order is discharged or replaced in accordance with
the following provisions of this article.
(6) A supervision order may be discharged on the application of the supervising officer or the offender by the court which made
the order. If such order was made on appeal, the court from which the appeal was made shall be deemed to be the court which made
the order.
(7) The court which made the supervision order may replace it by an order extending its duration in accordance with any variation
of the operational period of the suspended sentence made under article 28B(2).
(8) On making or replacing a supervision order the court shall explain its effect in ordinary language to the offender.
(9) If at any time while the supervision order is in force it appears to the court that made the order, on the written
report of the supervising officer, that the offender has failed to comply with any of the requirements of subarticles (2) and (3),
the court shall cause the offender to be brought before it on an appointed day and at an ap poi nt ed t ime, an d i f the co urt
, aft e r h e ari n g th e offend er, is satisfied that such failure has occurred, it may either in serious or re pe ated c ases
orde r that the su spended sentence passed in the proceedings in which the supervision order was made shall have effect or, without
prejudice to the continuation of the order, impose on him a fine (ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94).
(2) In any case in which it enters such a direction in its order under article 28A(1) the court shall, in that direction, fix the
time- lim it, not being l onger than six mon t hs from the date of t h e direction, within which the restitution or payment of compensation
specified in the direction shall be made by the offender.
(3) The court shall determine the amount of any compensation directed to be paid under this article after summarily hearing the
parties, if they so wish, and any other evidence, including that of experts, it may deem relevant, but the amount of compensation
so determined shall be without prejudice to the rights of either of the p a r ties, or an y o t her p e r s o n i n terested, ensui
ng from the fi nal li qu i d a t i o n of th e am o u n t d u e , i f an y, a s m a y be su b s eq ue nt ly agreed or adjudicated
upon in a civil action or in any other manner permitted by law.
Court direction for restitution or compensation. Added by:
XXIX. 1990.3.
(4) If the offender fails to comply with a direction entered u n d e r th is a r t i cl e w i t h in t h e ti me f i xe
d b y th e co ur t in t h at direction, the court shall on the sworn application of the party to whom such restitution or compensation
is due, to be served on the offender, appoint a date and time not later than seven days from the date of service of the application,
for hearing the parties.
(5) If the court, after such hearing, is satisfied that the offender has failed to comply with its direction under this article,
it shall order that the suspended sentence shall take effect. The court may, however, for reasonable cause, gr ant to the offender
a furt her peremptory period not exceeding one month, for complying with the direction.
(6) The court shall abstain from taking cognizance of an application as is mentioned in subarticle (4) if such application
is filed after the lapse of three months from the expiration of the time- limit fixed by the court for compliance with such direction.
(7) On entering a direction under this article the court shall explain to the offender in ordinary language his liability under
this article if he fails to comply with that direction.
Appeals. Added by: XXIX. 1990.3.
(2) Nothing in this article shall affect the right of appeal of any person against conviction or sentence provided for in this
Code but no appeal shall be permitted on any of the following matters:
(a) the length of the operational period fixed under article
28A(1);
(b) any variation of the operational period made under article 28B(2)(b);
(c) any direction entered under article 28H for the making of restitution or the payment of compensation, the length of the
time-limit fixed for the making of such restitution or the payment of such compensation under subarticle (2) of that article, or
the determination of the amount of compensation payable under subarticle (3) of that article.
Procedure in default of payment of fine (ammenda or multa). Amended by: IV.1856.2; II.1886.5; XVI.1888.5;
XII. 1914.6; XXII. 1934.5; I. 1939.2;
III. 2002.15.
29. (1) Any person sentenced to the payment of a fine (ammenda or multa) and who is granted the benefit of time by order of the court according to the provisions of article 14(2), and who does not pay
such fine in accordance with the conditions laid down in the same order, shall be liable to be arrested and brought before the court;
and the court, upon ascertaining the identity of the person sentenced and that payment has not been paid according to the conditions
of the order, shall commit such person to undergo the detention or imprisonment prescribed in substitution for the fine (ammenda or multa), or in substitution of the balance of the fine (ammenda or multa) still unpaid, as the case may be. The arrest
shall take place upon a warrant to be issued by the court.
(2) The aforesaid warrant shall be issued within four days from the date of any breach of the conditions laid down by the court
in its order or from the date of the expiration of the period prescribed for payment under article 14:
Provided that no plea in favour of the person sentenced shall be admissib le by reason of the fa ct that the issue of such warrant
was, for any reason whatsoever, delayed beyond the said period of four days.
(3) The court may, on the application of the Police and on reasonable cause being shown, upon hearing the person sentenced,
determine the period prescribed under article 14 at any time during the course of suc h period and commit the person sentenced to
undergo the punishm e nt prescribed i n subst itutio n for the fi ne (ammenda or multa).
(4) A person sentenced may at any time obtain his release from the substituted punishment by paying the fine (ammenda or multa) with the deduction of such amount thereof as corresponds to the portio n o f the pun ishm ent und ergo ne at th e rates lai d d
o wn in articles 11 and 13 respectively, and also at similar rates may obtain his release from any unexpired period of detention
or imprisonment awarded to him under the provisions of subarticle (1).
(a) in or in connection with the exercise of any profession, art, trade, calling or other occupation for which a warrant,
licence, permit or authority has been or may be issued to him by the Government or any other public authority; or
(b) in the use or by means of any instrument, vehicle, substance or other thing whatsoever for the carrying, keeping or
using of which a licence, permit or authority has been or may be issued to him,
the court may, in addition to sentencing the person convicted as aforesaid to any punishment provided by law for the offence, order
such person to be disqualified from holding or obtaining, for such time as the court deems fit, such warrant, licence,
permit or authority.
(2) Where, by virtue of a conviction under this Code or any other law, any person has a warrant, licence, permit or authority
su spend e d , or is disq uali fied fro m ho ld ing o r o b tai n in g an y war r an t, li cence, per m it or a u th or it y, th
e co ur t m a y, o n th e application of such person, as it thinks expedient, having regard to his character, to his conduct subsequent
to the conviction, to the
Disqualifications in case of convictions. Added by:
XXIV. 1938.2. Substituted by:
V. 1956.6. Amended by: III. 2002.16.
and after hearing the Police in the case of an application before the C ourt of M agis trates or the Attorney General in the cas e
of an application before any other court, either remove the suspension or disqualification as from such date as it may specify or
refuse the application:
Provided that, where an application under this subarticle is refused, a further application thereunder shall not be entertained if
made within three months after the date of the refusal.
Sub-title III
OF THE ASCENT AND DESCENT FROM ONE PUNISHMENT TO ANOTHER
Scale of punishments. Amended by: IV.1856.3,4,5; V.1868.2, 3; VI.1871.3; II.1886.6;
XVI. 1888.6; XI.1900.9;
IX.1911.6; XXI. 1971.6;
XLIX. 1981.4; XVI.1996.6.
(a) subject to any special provision contained in this Code, from the punishment of imprisonment for life the descent shall
be in accordance with the scale of punishments of imprisonment as specified in paragraph (b);
(b) subject to any special provision contained in this Code, the following shall be the scale of punishments of imprisonment:
(i) from eight years to thirty years, (ii) from seven to twenty years,
(iii) from six to twelve years, (iv) from five to nine years,
(v) from four to six years,
(vi) from three to five years, (vii) from two to four years,
(viii) from eighteen months to three years,
(ix) from thirteen months to two years, (x) from nine to eighteen months,
(xi) from seven months to one year, (xii) from five to nine months,
(xiii) from two to six months,
(xiv) from one to three months;
(c) the descent from the fourteenth degree shall be to imprisonment for a term not exceeding twenty days, or to detention
or to a fine (ammenda);
(d) in the ascent from one degree to another, the order shall be inverted, commencing from the fourteenth degree;
(e) in default of an express provision to the contrary, the ascent from the first degree shall be made by adding to the punishment
of imprisonment the punishment of solitary confinement for not more than twelve terms, or by adding other aggravations
of punishment established by the prison regulations;
(f) the ascent from the punishment of a fine (multa) shall be to imprisonment for a term not exceeding three months, and the descent shall be to the punishments established
for contraventions;
(g) the ascent from the punishments established for contraventions shall be to the punishment of a fine (multa) or imprisonment for a term not exceeding three months.
(2) The law establishing in general terms a descent from one punish ment to another, shall not be deem ed to include cases of co
ntravent ions or of crimes liabl e to th e punishm e n t s for contraventions.
(2) When the punishment of solitary confinement is added to another punishment, the ascent or descent shall be reckoned on such
other punishment:
Provided that in cases of descent, the court may restrict the punishment of solitary confinement to any smaller number of terms or
omit such punishment altogether.
Gradation in the scale of punishments. Amended by: XI.1900.9.
TITLE II
OF THE WILL AND AGE OF THE OFFENDER
(a) was in a state of insanity; or
(b) was constrained thereto by an external force which he could not resist.
Defect of will. Amended by: XI.1900.10; V.1956.7;
XVIII. 1976.52.
33A. (1) Where an offence is committed by a person who is a pri s on er th e pu ni sh m e nt fo r t h e o f fenc e sha l l i n ca se
of a conviction be increased by one or two degrees and the provisions of articles 21 and 21 of the Probation Act shall not apply.
(2) For the purposes of this article ''prisoner'' has the same meaning assigned to it by article 2 of the
Prisons Act and includes a prisone r deeme d to be confined in a prison according to the provisions of article 3(3) of the same Act.
Increase in punishment for offences committed by
prisoners in prison.
Added by:
XIII. 2005.3.
Cap. 446.
Cap. 260.
Added by: XIII. 1935.2. Amended by: V. 1956.8.
constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if - (a) by reason thereof the person charged at the time of the
act or omission complained of was incapable of understanding or volition and the state of intoxication
was caused without his consent by the malicious or negligent act of another person; or
(b) the person charged was by reason of the intoxication insane, temporarily or otherwise, at the time of such act or omission.
(3) Where the defence under subarticle (2) is established, then, in a case falling under paragraph (a) thereof, the person charged shall be discharged, and, in a case falling under paragraph (b), the provisions of articles 620 to 623 and 625 to 628 shall apply.
(4) Intoxication shall be taken into account for the purpose of determining whether the person charged had formed any intention
specific or otherwise, in the ab sen ce of which he w ould no t be guilty of the offence.
(5) For the purposes of this article "intoxication" shall be deemed to include a state produced by narcotics
or drugs.
Minors under nine years.
Amended by:
III.1899.10;
XI.1900.11;
XII.1913.1.
Substituted by:
V.1956.9.
Amended by:
XVIII.1980.15;
XIII. 1983.5;
XXIX. 1990.4;
L.N. 407 of 2007.
Minors under fourteen years acting without discretion.
(2) Minors under fourteen years of age shall likewise be exempt from criminal responsibility for any act or omission done without mischievous discretion.
Powers of court. (3) Nevertheless, in any of the cases referred to in subarticles (1) and (2), the court may, on the application of the Police, require the parent or other person charged with the upbringing of the minor to appear before it, and, if the fact alleged to have been committed b y the m i no r is proved an d is contemplated by the law as an o ffence, th e court may bin d over the parent or other person to watch over the co ndu ct o f t h e min or und er p e n a l t y for no n- compliance of a sum of not less than eleven euro and sixty-five cents (11.65) and not exceeding two hundred and thirty-two euro and ninety- four cents (232.94), regard being had to the means of the person bound over and to the gravity of the fact.
(4) If the fact committed by the minor is contemplated by the law as an offence punishable with a fine (ammenda), the court may, in lieu of ap plying the provisions of subarticle (3), award th e punishment against the parent or other person
charged with the
upbringing of the minor, if the fact could have been avoided by his diligence.
(5) For the purpose of the application of the provisions of the preceding su barticles of this arti cle, the parent or other person
charged with the upbringing of the m inor as aforesaid, shall be required to appear, by summons, in accordance with the provisions
contained in Book Second of this Code.
36. Saving the powers of the Minister under the Children and Young Person (Care Orders) Act, minors under the age of fourteen but over nine who, acting with a mischievous discretion, shall commit an offence, shall be liable
on conviction to the punishments established for contraventions:
Provided that the court may instead of sentencing the minor to a punishment apply the provisions of article 35(3) or (4):
Provided also that where the court is of the opinion that, when it takes into account the age of the offender, his previous conduct,
the gravity of the fact of which he has been convicted and the degree of mischievous discretion shown by the offender as it appears
from his conduct by which the offence was committed and from all the other circumstances of the offence, the punishments established
for contraventions would not be appropriate, the court may sentence the person convicted to the punishment laid down for the offence
decreased by three degrees provided that in no case may the punishment exceed four years imprisonment.
Minors under fourteen but over nine years acting with discretion. Amended by:
IV. 1856.6,7; VI. 1871.4;
II.1886.7; XVI. 1888.7;
XI.1900.12. Substituted by: V.1956.10.
Amended by: XVIII. 1980.15. Substituted by:
III. 2002.17.
*39. (1) Deaf-mutes, who at the time of the offence have not attained the age of fourteen years, shall be exe mpted from any punishment established by law:
Provided that the provisions contained in article 35(3), (4)
and (5) may be applied to such persons.
(2) Deaf-mutes, who at the time of the offence have attained
Minors under eighteen but over fourteen years. Added by: XI.1900.12. Amended by:
XII. 1913.2. Substituted by:
V.1956.11. Amended by:
XVIII.1980.15.
Definition of "Approved Institution". Amended by: XII. 1913.3. Substituted by: V. 1956.12. Amended by: L.N. 4 of 1963; XXXI.1966.2.
Rules concerning deaf-mutes. Added by: III.1899.13. Amended by:
XI. 1900.13.
*The references, in this article, to subarticle (6) of article 35 and to “Industrial School” and “House of Correction” have been omitted in view of the repeal of the said subarticle (6) of article 35 and of article 38, by Act XVIII. 1980.15.
chievous discretion, shall likewise be exempted from punishment:
Provided that the provisions contained in article 35(3), (4)
and (5) may be applied to such persons.
Other rules concerning deaf- mutes.
Added by: III.1899.13. Amended by:
XI.1900.13; XXI.1971.7; XLIX. 1981.4.
(a) if at the time of the offence they have attained the age of fourteen but not the age of eighteen years, the provisions
contained in articles 36 and 37 shall apply;
(b) if at the time of the offence they have attained the age of eighteen years -
(i) in the case of a crime liable to the punishment of imprisonment for life, they shall be liable to imprisonment for a
term not exceeding twenty years;
(ii) in the case of any other crime, they shall be liable to the punishment established by law diminished by one-third;
(iii) in the case of contraventions, they shall be liable to the punishments established for contraventions.
TITLE III
OF ATTEMPTED OFFENCE
Attempted crime. 41. (1) Whosoever with intent to commit a crime shall have manife sted such inte nt by overt ac ts which are followe d by a commencement of the execution of the crime, s h all, save as otherwise expressly provided, be liable on conviction -
(a) if the crime was not completed in consequence of some accidental cause independent of the will of the offender, to
the punishment established for the completed crime with a decrease of one or two degrees;
(b) if the crime was not completed in consequence of the voluntary determination of the offender not to complete the
crime, to the punishment established for the acts committed, if such acts constitute a crime according to law.
Attempted contravention.
(2) An attempt to commit a contravention is not liable to punishment, except in the cases expressly provided for by law.
TITLE IV
OF ACCOMPLICES
(a) commands another to commit the crime; or
(b) instigates the commission of the crime by means of bribes, promises, threats, machinations, or culpable devices, or by abuse
of authority or power, or gives instructions for the commission of the crime; or
(c) procures the weapons, instruments or other means used in the commission of the crime, knowing that they are to be so used; or
(d) not being one of the persons mentioned in paragraphs (a), (b) and (c), in any way whatsoever knowingly aids or abets the perpetrator or perpetrators of the crime in the acts by means of which the crime
is prepared or completed; or
(e) incites or strengthens the determination of another to commit the crime, or promises to give assistance, aid or reward after
the fact.
Complicity in crime. Amended by: VIII. 1909.4.
(a) to the person who commits the act;
(b) to the person with whose previous knowledge the act is committed; and
(c) to the person who, being aware of the act at the moment of its commission, and having the power to prevent it, does
not do so.
Punishment for complicity.
Personal circumstances not communicable.
Real circumstances when communicable.
Accomplice liable to punishment independently of the principal.
Constraint to commit offence, etc.
Added by: V. 1956.13.
Complicity in contraventions.
(a) constrains another person by an external force which such other person could not resist, to commit an offence; or
(b) participates by any of the acts specified in article 42 in an offence committed by any other person who is according to
law exempt from criminal responsibility,
shall himself be guilty of that offence as a principal offender.
Added by: III. 2002.18.
Conspiracy. Added by: III. 2002.18.
Cap. 248.
TITLE IV BIS
OF CONSPIRACY
48A. (1) Whosoever in Malta conspires with one or more persons in Malta or outside Malta for the purpose of committing any crime
in Malta liable to the punishment of imprisonment, not being a crime in Malta under the Press Act, shall be guilty of the offence of conspiracy to commit that offence.
(2) The conspiracy referred to in subarticle (1) shall subsist from the mo ment in which any mode of action whatsoever i s planned
or agreed upon between such persons.
(3) Any person found guilty of conspiracy under this article shall be liable to the punishment for the completed offence object
of the conspiracy with a decrease of two or three degrees.
(4) For the purposes of subarticle (3), in the determination of the punishment for the completed offence object of the conspiracy
account shall be had of any circumstances aggravating that offence.
TITLE V
Definition of recidivist. Amended by: IV. 1856.8; XI. 1900.14;
XXXI. 2007.6.
OF RECIDIVISTS
Provided that the court may, in determining the punishment, take into account a judgment delivered by a foreign court which has become absolute.
Effect of previous conviction for crime.
Amended by: XI.1900.14.
53. Where a person sentenced for a contravention shall, within three months from the date of the expiration or remission of the punishment, commit another contravention, he may be sentenced to detention for a term not exceeding two months, or to a fine (multa), or to imprisonment for a term not exceeding one month.
Solitary confinement in the case of relapsers serving a life sentence.
Amended by: XI. 1900.14.
Exceptions. Amended by: XI.1900.14.
Effect of previous conviction for contravention. Amended by: XI.1900.14;
IX. 1911.7; XLIX. 1981.4.
Effect of pardon in respect of recidivists. Amended by:
XI. 1900.14.
PART II
OF CRIMES AND PUNISHMENTS
Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES
(2) In this Title -
''the ICC Treaty'' means the Statute of the International Criminal
Court, done at Rome on 17th July, 1988;
''the ICC'' means the International Criminal Court established by the ICC Treaty;
''genocide'' means an act of genocide as defined in article 54B;
''crime against humanity'' means a crime against humanity as defined in article 54C;
''war crime'' means a war crime as defined in article 54D;
''Minister'' means the Minister responsible for Justice.
(3) In interpreting and applying the provisions of this Title the court shall take into account the original text of the ICC Treaty
and of any treaty and convention referred to in the ICC Treaty.
General. Added by: XXIV. 2002.13.
(4) In interpreting and applying the provisions of articles 54B,
54C and 54D, hereinafter, in this Title, referred to as ''the relevant articles'', the court shall take into account
-
(a) any relevant Elements of Crimes adopted in accordance with article 9 of the ICC Treaty, and
(b) until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained
in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June, 2000.
(5) The Minister may set out in regulations the text of the Elements of Crimes referred to in subarticle (2), as amended
from time to time.
(6) The relevant articles shall for the purposes of this Title be co nst r ued su bj ect t o an d in ac corda n ce with any releva
nt reservation or declaration made by Malta when ratifying any treaty or agreement relevant to the interpretation of those articles.
(7) The Minister may by regulations set out the terms of any reservation or declaration referred to in subarticle (5) and where
any such reservation or declaration is withdrawn in whole or in part may revoke or amend any regulations as aforesaid which contain
the terms of that reservation or declaration.
(8) In interpreting and applying the provisions of the relevant articles the court shall take into account any relevant judgment
or decision of t h e ICC an d may also take into accou nt any other relevant international jurisprudence.
Genocide. Added by: XXIV. 2002.13.
(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in
part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.
(2) Whosoever directly and publicly incites others to commit genocide shall be guilty of a crime.
Crimes against humanity. Added by: XXIV. 2002.13.
(a) murder;
(b) extermination; (c) enslavement;
(d) deportation or forcible transfer of population;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international
law;
(f) torture;
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence
of comparable gravity;
(h) persecution against any identifiable group or collectivity on political, racial, national, ethnic,
cultural, religious, gender as defined in subarticle (3), or other grounds that are universally recognized as impermissible
under international law, in connection with any act referred to in this sub-article or any crime under article 54A;
(i) enforced disappearance of persons; (j) the crime of apartheid;
(k) other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body
or to mental or physical health.
(2) For the purpose of subarticle (1) -
(a) ''attack directed against any civilian population'' means a course of conduct involving the multiple commission
of acts referred to in subarticle (1) against any civilian population, pursuant to or in furtherance of a State or organizational
policy to commit such attack;
(b) ''extermination'' includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) ''enslavement'' means the exercise of any or all of the powers attaching to the right of ownership over
a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) ''deportation or forcible transfer of population'' means forced displacement of the persons concerned
by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international
law;
(e) ''torture'' means the intentional infliction of severe pain or suffering, whether physical or mental, upon
a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising
only from, inherent in or incidental to, lawful sanctions;
(f) ''forced pregnancy'' means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting
the ethnic composition of any population or carrying out other grave violations of international law. This definition shall
not in any way be interpreted as affecting national laws relating to pregnancy;
(g) ''persecution'' means the intentional and severe deprivation of fundamental rights contrary
to international law by reason of the identity of the group or collectivity;
(h) ''the crime of apartheid'' means inhumane acts of a character similar to those referred to in subarticle
(1), committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any
other racial group or groups and committed with the intention of maintaining that regime;
(i) ''enforced disappearance of persons'' means the arrest, detention or abduction of persons by, or with
the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge
that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of
removing them from the protection of the law for a prolonged period of time.
(3) For the purpose of this Title, it is understood that the term
''gender'' refers to the two sexe s, male and female, within the context of society. The term ''gender''
does not indicate any
meaning different from the above.
War crimes. Added by: XXIV. 2002.13.
(a) grave breaches of the Geneva Conventions of 12
August 1949, namely, any of the following acts against
persons or property protected under the provisions of the relevant Geneva Convention:
(i) wilful killing;
(ii) torture or inhuman treatment, including biological experiments;
(iii) wilfully causing great suffering, or serious injury to body or health;
(iv) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully
and wantonly;
(v) compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) unlawful deportation or transfer or unlawful
confinement;
(viii) taking of hostages;
(b) other serious violations of the laws and customs applicable in international armed conflict, within the established
framework of international law, namely, any of the following acts:
(i) intentionally directing attacks against the civilian population as such or against individual civilians not taking
direct part in hostilities;
(ii) intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(iii) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian
assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to
the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or
injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which
would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which
are not military objectives;
(vi) killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered
at discretion;
(vii) making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United
Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious
personal injury;
(viii) the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population
into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory
within or outside this territory;
(ix) intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes,
historic monuments, hospitals and places where the sick and wounded
are collected, provided they are not military objectives;
(x) subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific
experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned
nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xi) killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) declaring that no quarter will be given;
(xiii) destroying or seizing the enemy’s property unless such destruction or seizure be imperatively
demanded by the necessities of war;
(xiv) declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile
party;
(xv) compelling the nationals of the hostile party to take part in the operations of war directed against their own country,
even if they were in the belligerent’s service before the commencement of the war;
(xvi) pillaging a town or place, even when taken by assault;
(xvii) employing poison or poisoned weapons;
(xviii) employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not
entirely cover the core or is pierced with incisions;
...... omissis .......
(xxi) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) utilizing the presence of a civilian or other protected person to render certain points, areas or military
forces immune from military operations;
(xxiv) intentionally directing attacks against buildings, material, medical units and transport, and personnel using the
distinctive emblems of the
Geneva Conventions in conformity with international law;
(xxv) intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to
their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate
actively in hostilities;
(c) in the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva
Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities,
including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) violence to life and person, in particular murder of all kind, mutilation, cruel treatment and torture;
(ii) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) taking of hostages;
(iv) the passing of sentences and the carrying out of executions without previous judgement pronounced by a
regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable;
(d) paragraph (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances
and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature;
(e) other serious violations of the laws and customs applicable in armed conflicts not of an international character, within
the established framework of international law, namely, any of the following acts:
(i) intentionally directing attacks against the civilian population as such or against individual civilians not taking
direct part in hostilities;
(ii) intentionally directing attacks against buildings, material, medical units and transport, and personnel using the
distinctive emblems of the Geneva Conventions in conformity with international law;
(iii) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian
assistance or peacekeeping mission in accordance with the Charter of the
United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international
law of armed conflict;
(iv) intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes,
historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military
objectives;
(v) pillaging a town or place, even when taken by assault;
(vi) committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 54C(2)(f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the
four Geneva Conventions;
(vii) conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate
actively in hostilities;
(viii) ordering the displacement of the civilian population for reasons related to the conflict, unless the security
of the civilians involved or imperative military reasons so demand;
(ix) killing or wounding treacherously a combatant adversary;
(x) declaring that no quarter will be given;
(xi) subjecting persons who are in the power of another party to the conflict to physical mutilation
or to medical or scientific experiments of any kind which are neither justified by the medical,
dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to
or seriously endanger the health of such person or persons;
(xii) destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded
by the necessities of the conflict;
(f) paragraph (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances
and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts
that take place in the territory of a State when there is protracted armed conflict between governmental authorities and
organized armed groups or between such groups.
Part.
(2) A military commander, or a person effectively acting as a military com m ander, is respon sible fo r offences com mitted by
forces under his effective command and control, or (as the case may be) his effective authority and control, as a result of his
failure to exercise control properly over such forces where -
(a) he either knew, or owing to the circumstances at the time, should have known that the forces were committing or
about to commit such offences, and
(b) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission
or to submit the matter to the competent authorities for investigation and prosecution.
(3) With respect to superior and subordinate relationships not described in subarticle (2), a superior is responsible for offences
com mitt ed b y su bord i n a t e s und er hi s ef fect iv e au tho r it y an d control, as a result of his failure to exercise
control properly over such subordinates where -
(a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or
about to commit such offences,
(b) the offences concerned activities that were within his effective responsibility and control, and
(c) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission
or to submit the matter to the competent authorities for investigation and prosecution.
(4) A person responsible under this article for an offence is regarded as an accomplice in the commission of the offence.
(5) In interpreting and applying the provisions of this article (which corresponds to article 28 of the ICC Treaty) the court shall
take into account any relevant judgment or decision of the ICC and account may also be taken of a ny other relevant i n ternati
onal jurisprudence.
(6) Nothing in this article shall be read as restricting or excluding -
(a) any liability of the commander or superior apart from this article, or
(b) the liability of persons other than the commander or superior.
Responsibility of commanders and other superiors. Added by:
XXIV. 2002.13.
54F. (1) References in this Part to a person committing - (a) genocide,
(b) a crime against humanity, or
(c) a war crime,
shall be construed in accordance with this article.
Mental element.
Added by:
XXIV. 2002.13.
(2) Unless otherwise provided by -
(a) the articles mentioned in the definition in article
54A(1) of the crimes specified in subarticle (1)(a) to (c) of this article, or in any relevant Elements of Crimes referred to in article 54A(3),
(b) article 54E,
a person is regarded as committing a crime referred to in subarticle (1) only if the material elements of the crime are committed
with intent and knowledge.
(3) For this purpose -
(a) a person has intent -
(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course
of events, and
(b) ''knowledge'' means awareness that a circumstance exists or a consequence will occur in the ordinary
course of events.
(4) In interpreting and applying the provisions of this article (which corresponds to article 30 of the ICC Treaty) the court shall
take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.
Jurisdiction. Added by: XXIV. 2002.13.
Cap. 220.
(a) against any person subject to military law in terms of articles 178, 179 and 180 of the Malta Armed Forces Act even if the offence was committed outside Malta; or
(b) against any citizen of Malta or permanent resident in Malta who outside Malta conspires to commit any offence under this
Title even if the offence is to be committed outside Malta.
Protection of victims and witnesses. Added by: XXIV. 2002.13.
Supplementary provisions for offences under this Title.
Added by: XXIV. 2002.13.
54H. The provisions of any law which make provision for the protection of victims and witnesses of certain offences shall apply mutatis mutandis to any victim or witness of an offence under this Title.
(2) Proceedings for an offence shall not be instituted except by or with the consent of the Attorney General.
(3) A person convicted of an offence involving murder shall be dealt with as for an offence consisting in the killing of a person
in such circumstances as would, if committed in Malta, constitute
wilful homicide.
(4) In any other case a person convicted of an offence is liable to imprisonment for a term not exceeding thirty years.
(5) The provisions of Title VI of Part III of Book Second of this
Code do not apply.
Title I Bis
OF CRIMES AGAINST THE SAFETY OF THE GOVERNMENT
(a) taking up arms against the Government of Malta for the purpose of subverting it;
(b) bearing arms in the service of any foreign Power against the Republic of Malta;
(c) aiding the enemies of the Republic of Malta in any other manner whatsoever against the said Republic;
(d) usurping or unlawfully assuming any of the executive powers of the Government of Malta, for the purpose of subverting it;
(e) taking up arms for the purpose of compelling the Government of Malta to change its measures or counsels, or of
obstructing the exercise of its lawful authority.
(2) The punishment, however, shall be diminished by one or two degrees, where the crim e is not carried into ef fect, in consequence
of the voluntary determination of the offender not to complete the crime.
Attempts against the President of Malta.
Amended by: XXI. 1971.8.
Substituted by: XXVII.1975.3. Amended by:
XLIX. 1981.4.
Insurrection or coup d’état. Substituted by: XXI.1971.9. Amended by: XXVII.1975.4; XLIX.1981.4.
Extenuating circumstances.
(2) Where, besides the mere conspiracy, preparatory measures for carrying the crime into effect shall also have been taken, the punishment shall be of imprisonment for a term from five to nine years.
Conspiracy against the State.
Amended by:
V. 1868.4;
XLIX. 1981.4.
Aggravating circumstance.
Commencement of conspiracy.
Provocation to perpetrate crimes against the safety
of the Government.
(2) If the provocation shall produce no effect, the punishment shall be decreased from one to three degrees.
Exemption from punishment.
Failure to disclose. 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 co nv ic ti on, to i m p riso nm en t fo r a term fr om ni ne to ei gh teen months.
Exemptions. 62. The provisions of the last preceding article shall not apply to the husband or wife, the ascendants or descendants, the brother or sist er, the father-in-law or m o ther-in-l aw, the son-in-law or daughter-in-law, 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.
TITLE II
When offence is deemed to be accompanied with public violence. Amended by:
IX. 1859.2.
Definition of "arms proper" and "arms improper". Amended by: XI.1900.15.
OF CRIMES AGAINST THE PUBLIC PEACE
(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.
(2) In no case shall the punishment be less than that provided in article 66.
Punishment for offences accompanied with public violence. Amended by:
IX. 1859.3.
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).
(2) Whosoever shall take an active part in an assembly of ten or more persons for the purpose of committing an offence, although
t h e sai d assemb ly may n o t hav e been incite d by any one in particular, shall, on conviction, be liable to imprisonment for
a term from three days to three months or to a fine (multa).
(3) Where the offence which such assembly of persons i n tend ed t o commi t i s commit ted, t h en, i f t h e pu
nish men t 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.
Assembly under arms.
Amended by: IX. 1859.4.
Conspiracy.
Unlawful assembly. Amended by: IX. 1859.5; VIII. 1909.5.
(a) imprisonment for a term from two to five years, in the case of a crime liable to a punishment higher than the punishment of imprisonment
for a term of three years; or
(b) imprisonment for a term not exceeding two years, in the case of a crime liable to the punishment of imprisonment for
a term not exceeding three years; or
(c) a fine (multa) or detention, in the case of any other offence.
Instigation to commit an offence. Amended by:
XLIX. 1981.4.
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).
Incitement to disobey the law.
Unlawful endeavour to compel Government to alter measures or counsels. Amended by: XXI. 1971.10; XXVII. 1975.5.
Contempt of the President. Amended by: XXVII. 1975.6.
Unlawful assembly with seditious intent.
Amended by: XXI. 1971.11;
XXVII. 1975.7; XLIX. 1981.4.
Seditious conspiracy. Amended by: XXVII. 1975.8; XLIX. 1981.4.
False imputation of misconduct in the administration of the Government. Amended by: XXVII.1975.9.
Administering unlawful oath.
72. Whosoever shall use any defamatory, insulting, or disparaging words, acts or gestures in contempt of the person of the President of Malta, or shall censure or disrespectfully mention or represent the said Pres ident, by words, signs, or visible representations, or by any other means not provided for in the law relating to the Press, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).
75. Whosoever, by speeches delivered in any public place or at an y pu bli c meetin g, shall f a lsely impu t e misco ndu ct in administering the Government of Malta to a person employed or concerned in the administration of the Government of Malta, shall, on conviction, be liable to imprisonment for a term from one to three months or to a fine (multa).
(2) The punishment established in subarticle (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.
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.
Person taking unlawful oath. Amended by: IX. 1982.2.
(2) Where the unlawful assembly shall proceed, either wholly or in part, to execute their common design, or shall attempt so to do , an y p ers on so a ssem bl in g sh all , o n co nv ic ti on , b e li abl e to imprisonment for a term from six to eighteen months.
Inciting to sedition or to mutiny. Amended by: XXVII. 1975.10; XLIX. 1981.4.
Tumultuous assembly. Amended by: XXVII.1975.10; XLIX. 1981.4.
Aggravating circumstance.
Disobedience of order for dispersal.
Assembly when not unlawful. Amended by: XXVII. 1975.12.
Spreading of false news.
Added by: VI. 1933.2.
Incitement to racial hatred, etc.
Added by: III. 2002.19.
Amended by: XI. 2009.2.
cer tai n classes o f the pu bli c , shal l, o n co nv icti on , be liab l e to imprisonment for a term from one to three months.
(2) For the purposes of the foregoing subarticle "violence or racial hatred" means violence or hatred against a group of persons in Malta defined by reference to colour, race, religion, descent, nationality (including citizenship) or ethnic or national origins or against a member of such a group.
Condoning, denying or trivialising genocide, etc., against a group. Added by:
XI. 2009.3.
(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:
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.
Condoning, denying or trivialising crimes against peace against a group. Added by:
XI. 2009.3.
(a) likely to incite to violence or hatred against such a group or a member of such a group; or
(b) likely to disturb public order or which is threatening, abusive or insulting,
shall, on conviction, be liable to imprisonment for a term from eight months to two years.
(2) For the purposes of this article a crime against peace means conduct consisting in:
(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).
shall apply mutatis mutandis to an offence under articles 82A to
82D, both articles inclusive.
(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.
Aiding, abetting or instigating
offences under articles 82A to
82C. Added by: XI. 2009.3.
Applicability of articles 121D,
208B(5), 248E(4)
and 328.
Added by:
XI. 2009.3.
83. Any person who establishes, maintains 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 pr om oting any political object shall be guilty of an offence and liable, on conviction, to a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.
(2) Any person who belongs to an organisation referred to in subarticle (1) shall for that mere fact be liable to the punishment
of imprisonment for a term from one to five years.
(3) Where the number of persons in the organisation is ten or more the punishment in the preceding subarticles shall be increased
form one to two degrees.
(4) Where the person found guilty of an offence under this title is the director, manager, secretary or other principal officer
of a body corporate or is a person having a power of representation of such a body or having an authority to take decisions on behalf
of that body or having authority to exercise control within that body and the of fence of which that p e rso n was found guilty was
comm i tted for the ben e fit, in part or in whole, of that bo dy 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 subarticle (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
Promotion of political object by use or display of physical force. Added by: XV.1959.2. Substituted by:
XV. 1973.2. Amended by:
XIII.1983.5;
L.N. 407 of 2007.
Promoting, etc., an organization of two or more persons with a view to commit criminal offences.
Added by: III. 2002.20;
L.N. 407 of 2007.
(116,468.67);
(b) where the offence of which the person was found guilty is the offence in subarticle (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 subarticle (3) of this article -
(i) where the offence is that provided in subarticle (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 (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 subarticle (1), to the punishment of a fine (multa) of not less than thirty-four thousand and nine hundred and forty euro and sixty cents (34,940.60) and not more than one hundred
and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (116,468.67).
(5) The criminal action for an offence against the provisions of this article may be prosecuted in Malta notwithstanding that the
organization of persons is based or pursues its criminal activities outside Malta.
General provision.
Added by:
XI. 2009.4.
GENERAL PROVISION APPLICABLE TO OFFENCES WHICH ARE RACIALLY AGGRAVATED OR MOTIVATED
BY XENOPHOBIA
TITLE III
OF CRIMES AGAINST THE ADMINISTRATION OF JUSTICE AND OTHER PUBLIC ADMINISTRATIONS
Sub-title I
OF THE USURPATION OF PUBLIC AUTHORITY AND OF THE POWERS THEREOF
§ OF THE USURPATION OF FUNCTIONS
§ OF THE UNLAWFUL ASSUMPTION BY PRIVATE PERSONS OF
POWERS BELONGING TO PUBLIC AUTHORITY
Unlawful exercise of public functions.
Provided that the court may, at its discretion, in lieu of the above punishment, award a fine (multa).
(2) The provisions of article 377(5) shall apply in the case of any conviction under subarticle (1) and when the conduct of the
offender has resulted in a person being despoiled the Court shall apply the provisions of that subarticle in order to ensure that
the person despoiled is fully revested in the position before he was despoiled.
Arbitrary exercise of pretended rights. Amended by:
XVI. 2006.2.
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:
Provided that the court may, in minor cases, award imprisonment for a term from one to three months or a fine (multa).
Illegal arrest, detention or confinement. Amended by: XLIX. 1981.4.
Aggravating circumstances. Amended by: XLIX. 1981.4; IV. 1994.2; XVII. 1996.19; XX. 2005.10.
Punishment for illegal arrest, etc., accompanied with bodily harm. Amended by: XLIX. 1981.4.
Extenuating circumstance.
(a) if the detention or confinement continues for more than twenty days;
(b) if the arrest is effected with the unauthorized use of a uniform, or under an assumed name, or under a warrant falsely
purporting to be issued by a public authority;
(c) if the individual arrested, detained or confined, is subjected to any bodily harm, or is threatened with death;
(d) if the detention or confinement is continued by the offender notwithstanding his knowledge that a writ or warrant for the
release or delivery of the person detained or confined has been issued by the competent authority;
(e) if the crime is committed with the object of extorting money or effects, or of compelling any other person to agree to any
transfer of property belonging to such person;
(f) if the crime is committed for the purpose of forcing another person to do or to omit an act, which, if voluntarily
done or omitted, would be a crime;
(g) if the crime is committed as a means of compelling a person to do an act or to submit to treatment injurious to the modesty of
that person’s sex;
(h) if the crime is committed on the person of the father, mother or on any person mentioned in article 202(h).
(2) Where a person who commits the crime referred to in the last preceding article threatens to kill, to injure or to continue to
detain or confine the person arrested, detained or confined, with the obj ect of compelling a state, an internatio nal governmental
organisation or person to do or to abstain from doing an act he shall be liable to the punishment of imprisonment for life.
88. Where the bodily harm referred to in paragraph (c) of the last preceding article is liable to a punishment higher than th e pu ni sh ment o f im pr iso n m e nt f o r a t e rm o
f tw o year s, o r is committed or accomp an ied with an y kind of to rture, the punishment shall be imprisonment for a term
from four to six years.
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 seve n m onths to one year, where the offender, be fore
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.
Sub-title II
OF OUTRAGE AND VIOLENCE AGAINST PUBLIC OFFICERS
Unlawful removal of persons to a foreign country or unlawful confinement therein.
Amended by: XXVII. 1975.13.
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 one to three months and to a fine (multa).
(2) If the object of the vilification is that of damaging or d iminishing t h e reputation of the per s on against who
m it is directed, the punishment shall be imprisonment for a term from three months to one year.
(3) Where the threat is of a crime, the punishment shall be imprisonment for a term from seven to eighteen months, 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
383, 3 84 and 385, with or without surety , acco r ding to circumstances.
Violence and threats against public officers.
Definition of
"public officer".
Reviling or threatening judge, Attorney General, magistrate or juror. Amended by: VI.1871.6; XI.1900.16;
L.N. 46 of 1965; LVIII. 1974.68.
Aggravating circumstance.
(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 punishm e nt shall be awarde d, with an increase of one degree.
Bodily harm caused to judge, Attorney General, magistrate or juror. Amended by:
IX. 1859.6; XI.1900.I7;
XLIX. 1981.4.
Vilification, threats or bodily harm against other
public officers. Amended by: IV. 1856.10;
XI. 1900.18, 19; XLIX. 1981.4.
(2) No increase, however, shall be made when the punishment is that established for contraventions.
(3) Nor shall an increase be made when the punishment is that of imprisonment for a term not exceeding three months: in such case,
however, the court may, in addition, award a fine (multa).
Assault or resistance. Amended by: XLIX. 1981.4.
(a) where the assault or resistance is committed by one or two persons, to imprisonment for a term from four months to one
year;
(b) where the assault or resistance is committed by three or more persons, to imprisonment for a term from seven months to
two years.
Aggravating circumstance. Amended by: IX.1859.7; V.1956.14; XLIX. 1981.4.
Assault or resistance accompanied with public violence. Amended by: XLIX. 1981.4.
Exemption from punishment in case of desistance.
Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE
SWEARING
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.
(a) to imprisonment for a term from thirteen to eighteen months, if the false accusation be in respect of a crime liable to a punishment
higher than the punishment of imprisonment for a term of two years;
(b) to imprisonment for a term from six to nine months, if the false accusation be in respect of a crime liable to a punishment
not higher than the punishment of imprisonment for a term of two years, but not liable to the punishments established
for contraventions;
(c) to imprisonment for a term from three days to three months, if the false accusation be in respect of any other offence.
(2) Where the crime is committed with intent to extort money or other effects, the punishment shall be increased by one degree.
Amended by: IV. 1856.11.
Interpretation. Added by: XXI. 1971.13.
Substituted by: III. 2002.21. Cap. 220.
Calumnious accusations. Amended by: IX.1859.8; V.1956.15; XLIX.1981.4.
Aggravating circumstances.
(a) where the false evidence, report or interpretation has been given or made, to the punishment to which a person giving
false evidence would be liable;
(b) where there has only been an attempt of subornation of a witness, a referee, or an interpreter, to the same punishment
decreased by one or two degrees;
(c) where the subornation has been committed by the use of force, threats, intimidation or by promising, offering or
giving of an undue advantage to induce false testimony, to the punishment mentioned in paragraph (a) increased by one or two degrees.
Subornation or attempted subornation of witness, referee or interpreter. Amended by:
XI. 1900.20; III. 2002.22;
XXXI. 2007.7.
Preparation or production of false documents.
Perjury in certain criminal trials. Amended by: VIII.1909.6;
XXI. 1971.12; XLIX. 1981.4;
XIV. 1983.2; III. 2002.23; XVI. 2006.3.
Perjury in other criminal trials. Amended by:
IX. 1859.9; XLIX. 1981.4;
III. 2002.24.
Perjury in civil proceedings. Amended by: XII.1914.7; XLIX. 1981.4; III. 2002.25.
(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.
(2) The provisions of subarticle (1) shall apply to any person who, being a party to a civil action, shall make a false oath.
(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 subarticle (1).
Perjury by referee or interpreter.
(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.
False swearing. Amended by: XI.1900.21,22; XLIX. 1981.4; III. 2002.26.
Interdiction in sentences for calumnious accusations, perjury and false swearing.
jud g e, magi strate o r any o t her of fi cer au th orized by law to
administer oaths, shall, on conviction, be liable -
(a) to imprisonment for a term from four months to one year, if the oath be required by law, or ordered by a judgment or decree of
any court in Malta;
(b) to imprisonment for a term not exceeding three months, if the oath be not so required or ordered.
(2) The provisions of this article shall not apply to promissory oaths.
(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.
(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.
Fabrication of false evidence.
Amended by: IX.1911.9;
XLIX.1981.4.
Simulation of offence.
111. (1) Whosoever shall hinder any person from giving the necessary information or evid ence in any civi l or cr im in al proceedings,
or to or before an y competent authority, shall, on conviction, be liable to imprisonment for a term from four months to one year
or to a fine (multa).
(2) Whosoever, in any case not otherwise provided for in this Code, shall knowingly suppress, or in any other manner destroy
or alter the traces of, or any circumstantial evidence relating to an offence, shall, on conviction, be liable -
(a) if the offence is a crime liable to a punishment not less than that of imprisonment for a term of one year, to the punishment
laid down in subarticle (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).
Hindering person from giving necessary information or evidence. Amended by:
VIII. 1909.7; XLIX. 1981.4; XIII. 1983.5;
L.N. 407 of 2007.
Suppression, destruction or alteration of traces of crime.
Sub-title IV
OF ABUSE OF PUBLIC AUTHORITY
§ OF UNLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY
Unlawful exaction.
Amended by:
XLIX. 1981.4.
Extortion. Amended by: XLIX. 1981.4.
Aggravating circumstances.
Bribery. Amended by: XII. 1914.8, 9; IV.1974.2; XLIX. 1981.4; III. 2002.27; III. 2004.70.
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.
(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.
Where failure of duty consists in passing sentence on defendant or person accused. Amended by: XXI. 1971.14;
IV. 1974.3; XLIX. 1981.4; X. 2000.11; III. 2004.71.
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:
Provided that in no case shall the punishment be lower than that to which the defendant or person accused has been sentenced.
(2) Where the punishment to which the defendant or person ac cused is sentenced is high er than the punishment of im
pri s on ment for ten years, such higher punishm e n t shall be applied.
117. Where the crime referred to in article 115(c) consists in the release of a person charged with an offence, or in the discharge o f a defendant or person accu sed, the pun ishment
sh all 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 eighteen months to five years;
(b) where it be in respect of an offence liable to a punishment not higher than that of imprisonment for a term of two
years, but not falling in the class of contraventions, the punishment shall be imprisonment for a term from nine months to
three years;
(c) where it be in respect of a contravention, the punishment shall be imprisonment for a term from four to twelve
months.
Where failure of duty consists in releasing a person charged or in discharging a defendant or person accused. Amended by:
IV. 1974.4; XLIX. 1981.4;
III. 2004.72.
118, the person who bribes the public officer or servant or the member of the House of Representatives, or the person to whom any
of the said articles applies in accordance with any provision
under this Code or under any other law, as the case may be, shall be deemed to be an accomplice.
(2) Where the public officer or servant or other person does not commit the crime, the person who attempts to induce such officer
or servant or other person to commit the crime shall, on conviction, be liable to imprisonment for a term from six months to three
years.
(3) Where the member of the House of Representatives does not commit the crime, the person who attempts to indu ce such mem b
er to co mm it the cr im e shall , o n co nvict ion, b e liab l e to imprisonment for a term from six months to four years.
Bribery of member of House of Representatives. Added by: IV.1974.5. Amended by:
XLIX. 1981.4; XIII. 2002.10;
III. 2004.73.
Cases in which punishment of general interdiction is applied.
Amended by: XLIX.1981.4.
Punishment for persons bribing public officers or servants.
Added by: I.1903.3. Substituted by: IV.1974.6. Amended by: XLIX. 1981.4; III. 2004.74.
Embracery and corruption of other persons.
Amended by: VI. 1871.7. Substituted by:
IV. 1974.7. Amended by: III. 2002.28;
XIII. 2002.10; III. 2004.75.
115.
(2) Articles 115 to 117, article 119 and article 120(1) and (2) shall apply to and in relation to jurors as they apply to or in
relation to a public officer or servant referred to in article 115.
(3) The provisions of this sub-title in relation to an officer or person referred to in article 112 or a publ ic officer or servant
referred to in article 115 shall also apply to and in relation to any emp l oyee or oth e r per s o n w h en di rectin g o r wo rkin
g 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 dut ies, cond ucts h imself in an y man n er p
r ovi ded for in tho s e articles:
Provided that for the purposes of this subarticle the e x p r essi on "b re ach of du ty " i n c l u d e s any
di sl oy al beh a v i ou r constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations
or instruct ions, which apply within the business in question.
(4) The provisions of this sub-title shall also apply to any conduct falling within the descriptions set out in the provisions
of this sub-title and in which is involved:
(a) a public officer or servant of any foreign State including any member of a domestic assembly of any foreign State
which exercises legislative or administrative powers; or
(b) any officer or servant, or any other contracted employee, of any international or supranational organization
or body or of any of its institutions or bodies, or any other person carrying out functions corresponding to those performed
by any said officer, servant or contracted employee; or
(c) any member of a parliamentary assembly of any international or supranational organisation; or
(d) any holder of judicial office or any official of any international court; or
(e) any member, officer or servant of a Local Council; or
(f) any person mentioned in the preceding paragraphs and the offence was committed outside Malta by a Maltese citizen or by a permanent
resident in Malta;
For the purposes of this paragraph, the phrase "permanent resident" shall have the same meaning assigned to it by
article 5(1)(d); or
(g) as the person who committed the offence, any person
mentioned in paragraph (b) and the organisation, institution or body in question has its headquarters in Malta:
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.
(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 subarticle (1) shall on conviction be liable to the punishment
laid down in that subarticle.
(3) The offences referred to in subarticles (1) and (2) shall be complete whether or not the alleged ability to exert an improper
in flu e nce existed, whether or not the influence is exerted and whether or not the supposed influence leads to the intended result.
Trading in influence. Added by: III. 2002.29.
Amended by: VI. 2007.2;
XXXI. 2007.8.
(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, 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
Accounting offences. Added by: III. 2002.29.
Amended by: VI. 2007.3.
Jurisdiction. Added by: III. 2002.29.
Amended by: XIII. 2002.10.
Corporate liability for offences under this title.
Added by: III. 2002.29.
Amended by:
L.N. 407 of 2007.
Applicabilty of article 248E(4) of the Code.
Added by: XXXI. 2007.9.
(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).
121D. 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 of fence of whi c h that person was found g u ilty was committed
for the benefit, in part or in who l e, 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 one thousand and one hundred and sixty-four euro and sixty- nine cents (1,164.69) 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).
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.
Prevarication by advocate or legal procurator.
Betrayal of interests of client. Amended by: XLIX. 1981.4.
§ OF ABUSES COMMITTED BY ADVOCATES AND 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.
Private interest in adjudications, etc.
§ OF MALVERSATION BY PUBLIC OFFICERS AND SERVANTS
liable to imprisonment for a term from one to six months and to perpetual interdiction from his public office or employment.
imprisonment for a term from eighteen months to three years, with interdiction as provided in those articles.
Private interest in the issuing of orders, etc.
Aggravating circumstance. Amended by: XLIX. 1981.4.
Embezzlement. Amended by: XLIX. 1981.4; XXXI. 2007.10.
§ OF ABUSES RELATING TO PRISONS
(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.
Turnkey or gaoler taking person in custody without warrant.
Arbitrary acts or restrictions by turnkeys or gaolers.
Aggravating circumstance.
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).
Detention of persons under arrest in place other than a public prison.
§ OF THE REFUSAL OF A SERVICE LAWFULLY DUE
Refusal to perform a lawful duty.
Allegation of false excuse by juror, witness or referee.
Amended by: VI. 1899.3.
§ OF ABUSE OF AUTHORITY, AND OF BREACH OF DUTIES PERTAINING TO A PUBLIC OFFICE
Disclosing official secrets.
Added by: VI. 1899.4. Amended by:
I. 1903.4.
Unlawful continuance in office or employment.
Obstruction of execution of law by public functionaries. Amended by: XLIX. 1981.4.
Unlawful domiciliary entry by public officials. Amended by:
VI. 1871.8.
Aggravating circumstances.
Failure or refusal of magistrates or Police to perform certain duties.
Malicious violation of official duties. Amended by: V.1868.5;
VI. 1871.9; I.1903.5.
133. Any public officer or servant who communicates or publ ishes any document or fact, ent r usted or known to hi m 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 imprison m ent for a term not exceedin g one year or to a fin e (multa).
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).
(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.
for a term not exceeding three months or to a fine (multa):
Provided that the court may, in minor offences, award any of the punishments established for contraventions.
139A. Where the injurious or oppressive act is one of those mentioned i n articles 86, 87, 88 and 89, the offen d er sh al l, on conviction, be liable to the punishment laid down in those articles respectively, increased by one degree.
(a) for the purpose of obtaining from him or a third person information or a confession; or
(b) for the purpose of punishing him for an act he or a third person has committed or is suspected of having committed; or
(c) for the purpose of intimidating him or a third person or of coercing him or a third person to do, or to omit to do, any act;
or
(d) for any reason based on discrimination of any kind,
shall, on conviction, be liable to imprisonment for a term from five to nine years:
Provided that no offence is committed where pain or suffering arises only from, or is inherent in or incidental to, lawful
sanctions or measures:
Provided further that nothing in this article shall affect the applicability of other provisions of this Code or of any other law
providing for a higher punishment.
Aggravating circumstance.
Torture and other cruel, inhuman or degrading treatment or punishment. Added by:
XXIX. 1990.5.
Additional punishment of interdiction.
GENERAL PROVISION APPLICABLE TO PUBLIC OFFICERS
Substituted by: III. 2002.30.
General provision.
Amended by:
IX. 1859.10.
Sub-title V
OF THE VIOLATION OF PUBLIC ARCHIVES, PUBLIC OFFICES,
PUBLIC PLACES OF CONFINEMENT, AND PUBLIC MONUMENTS
§ OF THE BREAKING OF SEALS, AND OF THE PURLOINING OF DOCUMENTS OR DEPOSITS FROM THE PUBLIC ARCHIVES OR OTHER PUBLIC OFFICES
Breaking of seals. 142. (1) Whosoever shall be guilty of breaking any seal affixed by order of a public authority, shall, on conviction, be liable to imprisonment for a term from one to three months.
Negligence of person in charge.
(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 subarticle (1).
(3) In either case, the court may, in lieu of the said punishment, award a fine (multa).
Theft aggravated by "breaking".
Embezzlement, etc., of documents, etc., from places of public deposit. Amended by:
XLIX. 1981.4; V. 2005.37;
L.N. 407 of 2007.
Negligence of functionaries.
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 p ublic offi ces, or deliver ed to any public dep o sitary
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
thi r teen m onths to seven years or to both such fine and imprisonment.
(2) Where there has been negligence on the part of the archivist, registrar, recording officer, notary, or other functionary,
such archivist, re gistra r, rec o rdi ng o f ficer, n o tary or ot her functionary shall, for the mere negligence, be liable, on
conviction, to imprisonment for a term from four to six months or to a fine (multa).
(3) Where the destruction, mutilation, damage, or alteration of any thing referred to in subarticle (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.
Aggravating circumstance of "violence". Amended by: XLIX.1981.4.
Fraudulent withdrawal of letters or packets. Amended by: XLIX. 1981.4.
Fraudulent retention, etc., of postal packets or parcels.
Amended by: V.1868.6;
XVI.1900.136; XLIX.1981.4.
Unlawful opening of letters, etc., by post office officials.
Amended by: XLIX. 1981.4.
Suppression of letters, etc., by post office officials. Amended by:
XLIX. 1981.4.
Aggravation of punishment in the case of public officers.
§ OF THE VIOLATION OF PUBLIC PLACES OF CONFINEMENT, OF THE ESCAPE OF PERSONS IN CUSTODY OR SUSPECTED OR
SENTENCED, AND OF THE HARBOURING OF OFFENDERS
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.
Simple escape of a person sentenced. Substituted by:
VII. 1999.6.
In this article ''prisoner'' has the same meaning assigned to
Prison breaking. Substituted by: VII. 1999.6.
it in article 151.
Negligence or imprudence of person charged with the custody, etc., of person escaping. Amended by: XXI.1971.15; XLIX. 1981.4.
(a) if the party escaping is accused of, or sentenced for any crime liable to a punishment not exceeding two years’ imprisonment,
or if he is in lawful custody for any cause other than a crime, to imprisonment for a term from one to three months;
(b) if the party escaping is accused of, or sentenced for any crime liable to a punishment exceeding two years but not exceeding
five years’ imprisonment, to imprisonment for a term from four to six months;
(c) if the party escaping is accused of, or sentenced for any crime liable to a punishment exceeding five years’ imprisonment, to
imprisonment for a term from seven months to one year.
Connivance, etc., of person charged with the custody, etc., of person escaping. Amended by: XXI.1971.16; XLIX. 1981.4,
Aggravating circumstances.
Aiding and
abetting on the part
of person not
charged with the
custody, etc., of
person escaping.
Amended by:
IX. 1982.2.
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.
Provided that in the cases referred to in the last preceding article, the of fender shall b e liable t o the sam e puni shm e nt established for the person so charged and conniving.
Assisting criminals to escape from Malta.
Amended by: XXI. 1971.17;
II. 1973.2; XLIX. 1981.4.
(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’ 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.
Harbouring of criminals. Amended by: VIII.1857.1; XXI.1971.18; XLIX. 1981.4.
Exemptions.
Escape from places of custody.
Added by: I. 1903.6.
§ OF THE VIOLATION OF PUBLIC MONUMENTS
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 one month to one year or to a fine (multa) not exceeding two thousand and three hundred and twenty- nine euro and thirty-seven cents (2,329.37):
Provided that the court may, in minor cases, apply any of the punishments established for contraventions.
Damage to monuments, etc. Amended by:
III. 2002.31;
L.N. 407 of 2007.
162. Whosoever shall violate any tomb or burial place, publicly acknow led g ed as such, shall, o n convi cti on, be li abl e t o imprisonment for a term from one to eighteen months or to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
Violation of tombs.
Amended by:
III. 2002.32;
L.N. 407 of 2007.
Added by: XXVIII. 1933.1.
Vilification of the Roman Catholic Apostolic Religion.
Added by: XXVIII. 1933.2.
Vilification of other cults tolerated by law. Added by: XXVIII. 1933.2.
Obstruction of religious services. Added by:
XXVIII. 1933.2.
Title IV
OF CRIMES AGAINST THE RELIGIOUS SENTIMENT
(2) If any act amounting to threat or violence against the person is com mitted, the punishm ent shall be imprisonm ent for a
term from six months to two years.
Title V
OF CRIMES AFFECTING PUBLIC TRUST
Sub-title I
OF FORGERY OF PAPERS, STAMPS AND SEALS
Forgery of Government debentures. Amended by: XII. 1913.4; XLIX. 1981.4.
(2) The same punishment shall apply where the forgery consists in opening a credit relative to such loan in the books
of the Government Treasury.
(3) Where the forgery consists in the endorsement of a genuine Government debenture, the offender shall, on conviction, be liable
to imprisonment for a term from thirteen months to four years, with or without solitary confinement.
(2) The same punishment shall apply where the crime consists in the forgery of any entry in the books of any such office, bank
or other institution, relating to any such payment, goods, deposit, or pledge.
(3) Where the forgery consists only in the endorsement of a genuine schedule, ticket, order, or document, the offender shall, on
conviction, be liable to imprisonment for a term from nine months to three years, with or without solitary confinement.
Forgery of documents. Amended by: XII. 1913.5; XLIX. 1981.4.
(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.
Forgery of Government debentures and documents by public officers. Amended by: IV. 1882.1.
(2) Whosoever shall knowingly make use of any such forged act, judgment, decree or order, shall, on conviction, be liable to the
same punishment as the principal offender.
(3) Where the person guilty of any of the crimes referred to in this article is a public officer or servant specially charged with
the dr awing up, registration, or custody of any such act, judgment, decree or order, the punishment shall be increased by one degree.
Use of forged debentures or documents.
Forgery of Government, judicial or official acts.
Amended by: XXVII. 1975.14;
XLIX. 1981.4.
Making use of forged acts.
Forgery of acts or use of forged acts by public officer or servant.
Public Seal of Malta. Amended by: XV. 1937.3;
XXVII. 1975.15; XLIX.1981.4.
Counterfeiting of seals, stamps, or other Government marks.
Amended by: XLIX. 1981.4;
III. 2002.33.
Making use of counterfeited seal, stamp, or mark.
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.
(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.
Counterfeiting postage stamps, and making use of same.
Added by:
XVI. 1900.137.
Amended by:
XLIX. 1981.4.
Possessing counterfeited postage stamps, dies, etc.
Added by. XVI.1900.137.
Amended by: XXVII.1975.16.
(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.
Purchasing or having in possession certain paper before it has been duly stamped and issued.
Added by: XVI.1900.137.
Amended by: VIII.1909.9.
Act of counterfeiting Public Seal of Malta, stamps, etc., defined.
Punishment for counterfeiting Public Seal of Malta, stamps, etc., when committed
by public officers.
Exemption from punishment. Substituted by: IX. 1982.2.
Sub-title II
OF FORGERY OF OTHER PUBLIC OR PRIVATE WRITINGS
(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).
Forgery of acts by public officer. Amended by: XLIX. 1981.4.
Fraudulent alteration of acts by public officer. Amended by: XLIX. 1981.4.
Delivery of writings falsely purporting to be copies of public acts which do not exist.
Amended by: XLIX. 1981.4.
Delivery of copies of acts differing from the original.
Penalty in case of negligence.
Forgery of public, commercial or private bank documents by person not being a public officer. Amended by: VI.1871.10; XLIX.1981.4.
Malicious use of false documents.
Issue of false declarations or certificates. Amended by: VI.1871.11; XLIX. 1981.4.
or docum ents were intended to contain or prove, shall, on conv iction, be li ab le to i m pr iso n ment for a term fro m th irteen months to four years, with or without solitary confinement.
(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.
Malicious use of false declarations or certificates.
Forgery of private writings.
Amended by: XLIX. 1981.4.
Malicious use of forged private writings.
(2) Whosoever shall knowingly make use thereof, shall be liable to the same punishment.
False declarations or information to a public authority. Added by:
XIII. 1980.4.
Other kinds of forgery and use of forged documents. Amended by: IX.1911.10. Substituted by: V.1956.16.
188. Whosoever, in order to gain any advantage or benefit for himself or others, shall, in any document intended for any public authority,
knowingly make a false declaration or statement, or give false information, shall, on conviction, be liable to the punishment of
imprisonment for a term not exceeding two years or to a fine (multa):
Provided that nothing in this article shall affect the applicability of any other law providing for a higher punishment.
GENERAL PROVISIONS APPLICABLE TO THIS TITLE
Definition of docu- ment, etc.
Added by:
III. 2002.34.
Additional punishment of perpetual general interdiction.
Title VI
OF CRIMES AGAINST PUBLIC TRADE
Amended by: XI. 1900.23.
OF BANKRUPTCY OFFENCES
(a) if he conceals or falsifies his books;
(b) if he misapplies, conceals or dissembles any part of his assets;
(c) if he simulates fictitious debts;
(d) if in his books or in any public or private writing he fraudulently acknowledges himself debtor of any sum which is not due.
Fraudulent bankruptcy. Amended by: IX.1859.12; VI. 1871.12; XI. 1900.23; XLIX. 1981.4.
(a) if his personal expenses or those of his family have been excessive, having regard to his means;
(b) if he has spent a considerable part of his estate in purely hazardous or obviously rash transactions;
(c) if, with the object of delaying his bankruptcy, he has purchased goods with the intention of re-selling them below the market
value and has actually so re-sold them, or if he has had recourse to loans, to indorsement of mercantile
documents or to other ruinous means for the purpose of obtaining funds;
(d) if, after having stopped payments, he has continued to carry on business;
(e) if, after having stopped payments, he has paid or given any undue preference to any creditor to the prejudice of the general
body of creditors:
Provided that the court may, according to circumstances, decrease the punishment laid down in this article, from one to three degrees.
Circumstances which give rise to simple bankruptcy. Amended by:
IX. I859.13; VI. 1871.12;
XI. 1900.23.
Bankruptcy of broker. Amended by: XI. 1900.23.
Circumstances which may give rise to simple bankruptcy. Amended by: XI.1900.23.
192, in each of the cases following:
(a) if he has not kept the books prescribed by law, or has irregularly kept such books, or if such books do not show his true financial
position, (debit and credit);
(b) if, being lawfully summoned for examination before the competent authority and not being lawfully prevented, he fails
to attend within the period fixed for his appearance.
Complicity in bankruptcy. Amended by: XI. 1900.23.
Provided that no charge of complicity shall lie against any person -
(a) who, having simulated claims against the bankrupt, shall not have made such claims in the bankruptcy proceedings,
either in his own name or through an intermediary;
(b) who, having colluded with the bankrupt for misapplying, concealing, or dissembling any part of his assets,
shall first disclose the fact to the competent authority and shall furnish or indicate the means by which the things misapplied,
concealed, or dissembled may be recovered.
Title VII
OF CRIMES AFFECTING THE GOOD ORDER OF FAMILIES
Sub-title I
OF CRIMES RELATING TO THE RECIPROCAL DUTIES OF THE
MEMBERS OF A FAMILY
Bigamy. Amended by: XLIX. 1981.4.
(2) The same punishment shall be applied to any husband or wife or tutor who, by the use of violence or by threats, compels, or,
by deceit, induces to prostitution his or her spouse under age or the minor under his or her tutorship.
(3) If the ascendant or the husband or wife, by the use of v i olence or by t h reats, comp els, o r, by deceit, i nduces
the descendant or his or her spouse, of age, to prostitution, he or she shall, on conviction, be liable to imprisonment of a term
from one to four years, with or without solitary confinement.
(4) A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the person
or pr operty of the hu sband or wife or of the descenda nt to whos e prejudice the offence shall have been committed, and, in the
case of the tutor, his removal from the tutorship and his perpetual disability from holding the office of tutor.
Prostituting of descendant under age by ascendant. Amended by: VIII.1909.10; XIV.1918.2; XLVI.1973.108; XLIX.1981.4; IV.1994.3.
Prostituting of spouse under age or of minor by husband or wife or tutor.
Prostituting of descendant or spouse of age, by ascendant or husband or wife.
Consequences of conviction.
Sub-title II
OF CRIMES AGAINST THE PEACE AND HONOUR OF FAMILIES, AND AGAINST MORALS
Amended by: XI. 1900.24.
198. Whosoever shall, by violence, have carnal knowledge of a person of either sex, shall, on conviction, be liable to imprisonment for a term from three to nine years, with or without solitary confinement.
(2) The punishments laid down in subarticle (1) shall apply to any person who shall, by fraud or seduction, abduct any person under the age of eighteen years, who is under the authority of a paren t or t u t o r, or u n d e r t h e care o f an ot her p e rson , o r in an educational establishment.
Rape or carnal knowledge with violence. Amended by:
XI. 1900.26; XLIX. 1981.4.
Abduction. Amended by: XLIX. 1981.4.
Where offender restores person abducted. Amended by: VIII. 1909.15; IV. 1994.4.
Where offender marries person abducted.
Presumption of violence in cases of carnal knowledge and indecent assault.
Amended by: XI. 1900.27.
imprisonment for a term from one to three months.
(2) In such case, if the offender, after abducting a person, shall marry such person, he shall not be liable to prosecution, except
on the complaint of the party whose consent, according to the civil laws, would be required for the marriage; and if the marriage
takes place after the conviction, the penal consequences thereof shall cease and the party convic t ed sh all, upon his application,
be forthwith released by order of the court.
(a) when it is committed on any person under twelve years of age;
(b) when the person abused was unable to offer resistance owing to physical or mental infirmity, or for any other cause independent
of the act of the offender, or in consequence of any fraudulent device used by the offender.
Aggravating circumstances. Amended by. XI. 1900.28; XX. 2005.11.
(a) when the offender has availed himself of his capacity of public officer, or when the offender is a servant of the injured party,
with salary or other remuneration;
(b) when the crime is committed by any ascendant, tutor, or institutor on any person under eighteen years of age;
(c) when the crime is committed on any prisoner by the person charged with the custody or conveyance of such prisoner;
(d) when the offender has, in the commission of the crime, been aided by one or more persons;
(e) when the offender has, in the commission of the crime, made use of any arms proper;
(f) when the person on whom the crime is committed, or any other person who has come to the assistance of that person, has sustained
any bodily harm;
(g) when the person carnally known has not completed the age of nine years;
(h) when the crime is committed on the person of: (i) the spouse; or
(ii) the brother or sister; or
(iii) a natural ascendant or descendant; or
(iv) another person having or having had a child in common with the offender; or
(v) another person living in the same household as the offender or who had lived with the offender within a period of one
year preceding the offence; or
(vi) another person who is or had been formally or informally engaged with a view to get married; or
(vii) other persons who are related to each other by consanguinity or affinity up to the third degree inclusively:
Provided that in this paragraph "spouse" includes the person whose marriage with the offender has been dissolved
or declared null;
(i) when the crime is committed in the presence of, or within hearing distance of a minor.
Provided that the offence shall be punishable with imprisonment for a term from three to six years, with or without solitary
confinement, in each of the following cases:
(a) if the offence is committed on a person who has not completed the age of twelve years, or with violence;
(b) if the offence is committed by means of threats or deceit;
(c) if the offence is committed by any ascendant by consanguinity or affinity, or by the adoptive father or mother, or by
the tutor of the minor, or by any other person charged, even though temporarily, with the care, education, instruction, control
or custody of the minor.
(2) The provisions of article 197(4) shall also apply in the case of an offence under this article, when the offence is committed
by any ascendant or tutor.
(3) No proceedings shall be instituted in respect of any offence under this article except on the complaint of the injured party:
Provided that where the offence is not accompanied by any of the circumstances as to fact or person mentioned in subarticle (1)(a), (b), and (c), the complaint shall not be admissible after the lapse of one year from the day on which the act was committed or knowledge thereof
was obtained by the person entitled to lodge the complaint in lieu of the injured party:
Provided further that proceedings shall be instituted ex officio -
(a) in any of the cases referred to in the proviso to article
544;
(b) when the act is committed with abuse of parental authority or of tutorship.
Defilement of minors. Amended by: III. I885.1; VIII. 1909.16; XIV. 1918.3; II. 1973.4; XLIX. 1981.4; IV. 1994.5.
Aggravating circumstances.
Applicability of article 197 (4).
Complaint of injured party.
Inadmissibility of complaint.
Proceedings ex officio.
Instigation, etc., of defilement of minors.
Added by: III. 2002.35.
203(2) and (3) shall, mutatis mutandis, apply to an offence under this article:
Provided that the offence shall be punishable with imprisonment for a term not exceeding four years in any of the cases
referred to in the proviso to article 203(1).
Inducing, etc., persons under age to prostitution. Added by:
XIV. 1918.4. Amended by:
IX. 1935.2; XLIX. 1981.4;
XXIX. 1990.6; IV. 1994.6.
Aggravating circumstances.
Provided that the offence shall be punishable with imprisonment for a term from two to six years, with or without solitary
confinement, in each of the following cases:
(a) if the offence is committed to the prejudice of a person who has not completed the age of twelve years;
(b) if the offence is committed by deceit;
(c) if the offence is committed by any ascendant by consanguinity or affinity, by the adoptive father or mother, by
the husband or wife or tutor of the minor, or by any other person charged, even though temporarily, with the
care, eduction, instruction, control or custody of the minor;
(d) if the offence is committed habitually or for gain.
(2) The provisions of article 197(4) shall also apply in the case of any offence under this article, when the offence is committed
by the husband or the wife, by an ascendant or by the tutor.
Instigation with violence of persons under age to prostitution or to participation in a pornographic performance. Added by:
XXXI. 2007.11.
(a) with violence compels a person under age into prostitution or into participating in a pornographic performance,
or
(b) knowingly makes any gain or derives any benefit from the conduct referred to in paragraph (a),
shall, on conviction, be liable to imprisonment for a term from two to six years, with or without solitary confinement.
(2) The punishment for the offence in subarticle (1)(b) shall be increased by one degree, with or without solitary confinement, in each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily
harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article
83A(1).
(2) The offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement, in
each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article
83A(1).
Inducing persons under age to prostitution or to participation in a pornographic performance. Added by:
XXXI. 2007.11.
(2) The offence shall be punishable with imprisonment for a term from two to six years, with or without solitary confinement,
in each of the following cases:
(a) if the offence is committed with violence;
(b) where money or other forms of remuneration or consideration is given as payment in exchange for the child taking part in
sexual activities and any of the circumstances mentioned in paragraph (d) occurs;
(c) where the offender abuses of a recognised position of trust, authority or influence over such person and any of the circumstances
mentioned in paragraph (d) occurs;
(d) the circumstances referred to in paragraph (b) and (c)
are the following:
(i) the offender wilfully or recklessly endangered the life of the person under age;
(ii) the offence involves violence or grievous bodily harm to such person;
(iii) the offence is committed with the involvement of a criminal organisation within the meaning of article 83A(1).
(a) compels a person under age to perform sexual
Participation in sexual activities with persons under age.
Added by: XXXI. 2007.11.
Unlawful sexual activities.
Added by: VII. 2010.9.
Compelling or inducing person of age to prostitution. Added by:
XIV. 1918.4. Amended by: XLIX. 1981.4. Substituted by: IV. 1994.7.
Proof of carnal connection. Substituted by: II. 1973.6.
Violent indecent assault.
Amended by:
VI. 1871.13;
XI.1900.30;
VIII. 1909.17;
XLIX. 1981.4.
activities with another person, or
(b) knowingly causes, for sexual purposes, a person under age to witness sexual abuse or sexual activities, even without causing
the said person to participate in the activities, or
(c) knowingly causes, for sexual purposes, a person under age to participate in real or simulated sexually explicit conduct or exhibition
of sexual organs, including through information and communication technologies, or
(d) participates in sexual activities with a person under age, where recourse is made to child prostitution, or
(e) knowingly attends a pornographic performance involving the participation of a person under age,
shall, on conviction, be liable to imprisonment for a term from eig h teen mont hs to five years, with or with out solitary
confinement.
Provided that the offence shall be punishable with imprisonment for a term from one to four years, if it is committed
-
(a) with abuse of authority, of trust or of domestic relations; or
(b) habitually or for gain.
Provided that in the cases referred to in article 202, the punishment shall be increased by one degree.
Offences relating to pornographic or obscene articles. Added by:
XXVII. 1975.17. Amended by:
XIII. 1983.5;
L.N. 407 of 2007;
VII. 2010.10.
in a pu blic place or in a place accessible to the public, manufactures, prints or otherwise makes, or introduces into Malta,
or acquires, keeps, puts in circulation or exports, any pornographic or obscene print, painting, photograph, film, book, card or writing,
or any other pornographic or obscene article whatsoever, whether
simil ar to the above or not, shal l, on conviction , be liable to i mprisonm ent for a term from six t o twel ve m onths o r to
a fine (multa) of not less than one thousand euro (1,000) and not more
than three thousand euro (3,000), or to both such imprisonment and fine.
(2) Whosoever trades in any article mentioned in subarticle (1), even if such trade is clandestine, or distributes any such article
or displays any such article in public or in a place accessible to the public, shall, on conviction, be liable to the punishment
prescribed in subarticle (1).
(3) For the purposes of this article an article shall be regarded as pornographic or obscene if it is so described or defi ned
b y r e gu lation s mad e und er su barticle (4) or is oth e rwise to be so regarded in accordance with any regulation made as aforesaid.
(4) The Minister responsible for justice shall, in consultation with the commi ttee estab lished und er sub a rti c le (5), m a
ke regulations for the purpose of describing or defining or otherwise establishing what is to be regarded as pornographic or obscene
for
the purposes of this article and m a y by such regul atio ns mak e provision regarding the criteria to be followed for that purpose
and
may make diff erent provision for diff erent circumstances and different purposes.
(5) There shall be a committee whose functions shall be to advise the Minister responsible for justice in making regulations
under this article. The committee shall consist of the said Minister, who shall be the chairman, a nd four members of the House of
Represent a ti ves appo in ted by t h e Prime M i nister after he has consulted the Leader of the Opposition.
(6) Without prejudice to any other right competent to him, any member of the committee may request that any regulation made under
this article with which he disagrees be discussed in the House of Representatives; and upon receipt of any such request in writing,
the Minister responsible for justice shall ensure that the matter is discussed in the House as early as practicable.
(1A) The offence in subarticle (1) shall be punishable with imprisonment for a term from two to eight years, with or without
solitary confinement, in each of the following cases:
(a) when the offender wilfully or recklessly endangered the life of the person under age;
(b) when the offence involves violence or grievous bodily harm on such person;
(c) when the offence is committed with the involvement of a criminal organisation within the meaning of article
83A(1).
Indecent photographs, films, etc., of persons under age.
Added by: III. 2002.36.
Amended by:
L.N. 407 of 2007;
XXXI. 2007.12;
VII. 2010.11.
(1B) Any person who acquires, knowingly obtains access through information and communication technologies to, or is in
poss ession of, any indecent mate rial whic h shows, depicts or represents a person under age, shall, on conviction, be liable to
imprisonment for a term from not exceeding three years.
(1C) For the purposes of subarticle (1) the expression "permanent resident" shall have the same meaning assigned
to it by article 5(1)(d).
(2) A photograph, film, video recording or electronic image shall, if it shows a person under age and is indecent, be treated
for all purposes of this article as an indecent photograph, film, video recording or electronic image.
(3) Where the offences in subarticles (1) and (1B) are committed by any ascendant by consanguinity or affinity,
or by the adoptive father or mother, or by the tutor, or by any other person ch ar ged, ev en t hou gh tempo r aril y, w ith t h
e care, educati on, instruction, cont rol or custody of the person under age shown, depicted or represented in the indecent m aterial,
or where such person under age has not completed the age of nine years or where the indecent material shows, depicts or represents
a minor involved in acts of bestiality, brutality, sadism or torture:
(a) in the case of the offence in subarticle (1), the punishment shall be of imprisonment for a term from two to nine years,
and
(b) in the case of the offence in subarticle (1B), the punishment shall be of imprisonment for a term from six months to
four years,
and the provisions of article 197(4) shall also apply.
(4) Where a person is charged with distributing or showing, or with being in possession of, any indecent material under subarticle
(1), it shall be a defence for him to prove that he had a legitimate reason for distributing or showing, or for having in his possession,
such indecent material, or that he had not himself seen the indecent material, and neither knew nor had any reason to suspect them
to be indecent.
(5) For the purposes of article 635(1)(a), the person under age shown in the indecent material shall be deemed to be the person against whom the offence is committed.
(6) In this article references to a photograph includes the negative as well as the positive version.
(7) For the purposes of this article the expression "indecent material" includes photographs, images, audio or
video recordings, digitally created or electronic images, drawings, cartoons, text and simulated representations or realistic images
of a minor, even if the minor is non-existent, or of the sexual parts of a child for primarily sexual purposes.
204A to 204D, both inclusive, and 208A, shall, where the proposal is followed by material acts leading to such a meeting, be liable
on conviction to imprisonment for a term from twelve months to four
years.
Solicitation of person under age. Added by:
VII. 2010.12.
Advertisement of sexual tourism. Added by:
VII. 2010.12.
Aggravating circumstances. Added by:
VII. 2010.12.
(a) where the offence results in harm to the physical or mental health of the person under age;
(b) where the person under age is a vulnerable person within the meaning of subarticle (2);
(c) where the offence is committed by two or more persons acting together;
(d) in any of the circumstances described in article 202(a), (b), (c) and (h);
(e) if the offender lives with or is a member of the victim’s family;
(f) if the offender has been previously convicted of an offence under this sub-title.
(2) For the purposes of this article a vulnerable person means: (a) any person under the age of fifteen years; or
(b) any person suffering from a physical or mental
infirmity; or
(c) any other person considered by the court to be particularly at risk of being induced into cooperating with the offender
or into surrendering to the offender ’s will when taking into account the person’s age, maturity, health, pregnancy,
disability, social or other conditions including any situation of dependence, as well as the physical or psychological consequence
of the offence on that person.
208A(1), (1A), 208AA and 208AB.
(2) In addition to the punishment established for the said offences, the Court may order that the offender be temporarily
or per manently prev ented fr om exer cising acti vities related to the supervision of children.
Provisions applicable to articles 204 to
204C and 208A of the Code.
Added by:
XXXI. 2007.13.
Amended by:
VII. 2010.13.
(2A) Where the court makes an order under subarticle (2) such order shall be registered in any criminal record of the offender.
(2B) Where the person convicted of any of the offences ment io ned in su bart icle (1) i s t h e su bj ect o f an o r der
as t h at provided for by subarticle (2) made by a foreign court the court sh al l or der that effect shall b e given to t h e ord
e r made b y th e foreign cou r t as if i t were an order made by the court under subarticle (2).
(3) The provisions of articles 121D and 248E(4) shall apply
mutatis mutandis.
Cap. 63. (4) The provisions of articles 13 and 14 of the White Slave
Traffic (Suppression) Ordinance, shall apply mutatis mutandis.
(5) Without prejudice to the provisions of article 5, the Maltese courts shall also have jurisdiction over the said offences where:
(a) only part of the action giving execution to the offence took place in Malta; or
(b) the offender is a Maltese national or permanent resident in Malta or the offence was committed for the benefit of a
body corporate registered in Malta; or
(c) the offence was committed by means of a computer system accessed from Malta notwithstanding that such computer system may be
outside Malta; or
(d) the offence was committed against a Maltese national or permanent resident in Malta.
(6) Notwithstanding any other provision of this Code or of any other law, the period of prescription shall run from the day on
which the victim attains the age of majority.
Offences against decency or morals committed in public.
209. Whosoever, except in the cases referred to in the preceding articles of this sub-title or in any other provision of law, shall commit an of fenc e against dec e ncy or morals, by any act committed in a public place or in a place exposed to the public, shall, on conviction, be liable to imprisonment for a term not exceeding three months and to a fine (multa).
Sub-title III
OF CRIMES TENDING TO PREVENT OR DESTROY THE PROOF OF THE STATUS OF A CHILD
Kidnapping or concealing an infant, etc. Amended by: XLIX. 1981.4.
Title VIII
OF CRIMES AGAINST THE PERSON
Sub-title I
OF WILFUL HOMICIDE
(2) A person shall be guilty of wilful homicide if, maliciously, with intent to kill another person or to put the life of such
other person in manifest jeopardy, he causes the death of such other person.
(3) Where the offender gives cause to the death of a person wit h i n t h e l imi ts o f the terri to rial ju risd icti on of
Mal t a, t h e homicide shall be deemed to be wholly completed within the limits of the said ju risdic ti on, notwit hstanding that
the de ath of such person occurs outside such limits.
Wilful homicide. Amended by: V.1868.7; XXI.1971.19; XLIX.1981.4.
Definition of
"wilful homicide".
Death outside the jurisdiction, of a person stricken within the jurisdiction.
Where the offender did not intend to cause the death of any person in particular, or where the offender kills a person other than the intended
victim.
Inciting or helping others to commit suicide.
Added by: XI.1900.31. Amended by:
XLIX.1981.4.
Sub-title II
OF WILFUL OFFENCES AGAINST THE PERSON
Bodily harm. Amended by: XI. 1900.32.
Grievous or slight bodily harm.
Grievous bodily harm.
Amended by:
V.1868.8;
VI.1871.14;
XI. 1900.32;
XLIX. 1981.4.
(a) if it can give rise to danger of - (i) loss of life; or
(ii) any permanent debility of the health or
permanent functional debility of any organ of
the body; or
(iii) any permanent defect in any part of the physical structure of the body; or
(iv) any permanent mental infirmity;
(b) if it causes any deformity or disfigurement in the face, neck, or either of the hands of the person injured;
(c) if it is caused by any wound which penetrates into one of the cavities of the body, without producing any of the effects mentioned
in article 218;
(d) if it causes any mental or physical infirmity lasting for a period of thirty days or more; or if the party injured is incapacitated,
for a like period, from attending to his occupation;
(e) if, being committed on a woman with child, it hastens delivery.
(2) Where the person injured shall have recovered without ever having been, during the illness, in actual danger of life or of
the effects mentioned in subarticle (1)(a), it shall be deemed that the harm could have given rise to such danger only where the danger was probable in view of the nature
or the natural consequences of the harm.
Grievous bodily harm with arms proper, etc. Amended by: VIII. 1857.2; VI.1871.14; XI.1900.32; XLIX. 1981.4; XIV. 1983.3. Cap. 446.
Provided that where the offence is committed by means of any explosive fluid or substance the minimum punishment shall be imprisonment for two years and the provisions of the Probation Act shall not be applicable.
Other cases of grievous bodily harm.
Amended by: IX.1859.14;
V. 1868.9; XI. 1900.32;
XLIX. 1981.4; XIV. 1983.4.
(a) if it causes any permanent debility of the health or any permanent functional debility of any organ of the body, or
any permanent defect in any part of the physical structure of the body, or any permanent mental infirmity;
(b) if it causes any serious and permanent disfigurement of the face, neck, or either of the hands of the person injured;
(c) if, being committed on a woman with child, it causes
miscarriage.
(2) Any debility of the health or any functional debility of any organ of the body, and any mental infirmity, serious disfigurement,
or defect shall be deemed to be permanent even when it is probably so.
(3) The punishment for the offences referred to in subarticle (1) shall be that establis he d in article 312(2) if th e bodily
harm is committed by means of any explosive fluid or substance.
(a) to imprisonment for a term from six to twenty years, if death shall ensue within forty days to be reckoned from the midnight
immediately preceding the crime;
(b) to imprisonment for a term from four to twelve years, if death shall ensue after the said forty days, but within one year to be
reckoned as above.
(2) If death shall ensue as a result of a supervening accidental cause and not so lel y as a resul t of t h e nature or the natural
consequences of the harm, the offender shall, on conviction, be liable to imprisonment for a term from three to nine years.
(3) If the bodily harm is inflicted within the limits of the territorial jurisdiction of Malta, the crime shall be held
to have been completed within those limits, even if the death of the person injured shall occur outside those limits.
Decrease of punishment in case of supervening accidental cause. Amended by:
V. 1868.10; XI. 1900.32.
Grievous bodily harm from which death ensues. Amended by: V.1868.11; XI.1900.32; XLIX. 1981.4.
221. (1) A bodily harm which does not produce any of the effects referred to in the preceding articles of this sub-title, shall
be deemed to be slight, and shall be punishable with imprisonment for a term not exceeding three months, or with a fine (multa).
(2) Where the offence is committed by any of the means referred to in article 217, it shall be punishable with imprisonment
for a term from two months to one year.
(3) Where the effect, considered both physically and morally, is of small consequence to the injured party, the offender shall,
on conviction, be liable to -
(a) imprisonment for a term not exceeding three months or a fine (multa), if the offence is committed by any of the means referred to in article 217, or is committed on any of the persons mentioned in
article 222(1)(a) and (b);
(b) the punishments established for contraventions, in any
Slight bodily harm.
Amended by:
VIII. 1857.3, 5;
VI. 1871.15;
II. 1886.8;
XI. 1900.32;
I. 1903.7;
VIII. 1909.19;
IX. 1911.12;
XX. 2005.12.
Where effect of bodily harm is of small consequence.
Complaint by injured party.
other case.
(4) In the cases referred to in subarticles (1) and (3), pro c eedi ngs may n o t be t a k e n except on th
e co mpl a i n t of th e injured party, unless the offence is committed on any of the persons mentioned in article 222(1)(a) and (b).
Aggravating circumstances. Amended by: VIII. 1857.4; XXXII. 1986.2; III. 2002.37; XX. 2005.13; XXII. 2010.11.
Cap. 389.
No increase of punishment in case of mistake or accident.
(a) on the person of the father, mother, or any other legitimate and natural ascendant, or on the person of a legitimate
and natural brother or sister, or on the person of the husband or wife, or on the person of the natural father or mother,
or on any person mentioned in article 202(h);
(b) on the person of any witness or referee who shall have given evidence or an opinion in any suit, and on account of such
evidence or opinion, or on the person of a child under nine years of age;
(c) on the person of whosoever was a public officer or was lawfully charged with a public duty or is or was an officer or employee
of a body corporate established by law and the offence was committed because of that person having exercised his functions;
(d) on the person of whosoever was exercising his lawful duties as a private guard, a specialised private guard or local warden in
accordance with the provisions of the Private Guards and Local Wardens Act.
(2) Nevertheless, no increase of punishment shall take place where the offender, without intent to cause harm to any particular
person, or with intent to cause harm to some other person, shall, by mistake or accident, cause harm to any of the persons referred
to in subarticle (1)(a) and (b).
Increase of punishment in certain cases. Added by: XXIX. 1990.7. Amended by: III. 2002.38; XI. 2009.5.
(2) The punishments established in the foregoing provisions of this sub-title shall also be increased by one to two degrees when
the offence is racially or religiously aggravated or motivated, wholly or partly, by xenop hobia with in the m e ani ng of the foll
owing subarticles.
(3) An offence is racially or religiously aggravated or motivated by xenophobia if:
(a) at the time of committing the offence, or immediately before or after the commission of the offence, the offender demonstrates
towards the victim of the
offence hostility, aversion or contempt based on the victim’s membership (or presumed membership) of a racial or religious group;
or
(b) the offence is motivated, wholly or partly, by hostility, aversion or contempt towards members of a racial group based
on their membership of that group.
(4) In subarticle (3)(a):
"membership", in relation to a racial or religious group, includes association with members of that group;
"presumed" means presumed by the offender.
(5) It is immaterial for the purposes of subarticle (3)(a) or (b) whether or not the offender ’s hostility is also based, to any extent, on any other factor not mentioned in that those paragraphs.
(6) In this article:
"racial group" means a group of persons defined by reference to race, descent, colour, nationality (including
citizenship) or ethnic or national origins;
"religious group" means a group of persons defined by reference to religious belief or lack of religious belief.
Sub-title III
OF JUSTIFIABLE HOMICIDE OR BODILY HARM
(a) where the homicide or bodily harm is committed in the act of repelling, during the night-time, the scaling or breaking of enclosures,
walls, or the entrance doors of any house or inhabited apartment, or of the appurtenances thereof having a direct
or an indirect communication with such house or apartment;
(b) where the homicide or bodily harm is committed in the act of defence against any person committing theft or plunder, with violence,
or attempting to commit such theft or plunder;
(c) where the homicide or bodily harm is imposed by the actual necessity of the defence of one’s own chastity or of the chastity
of another person.
Justifiable homicide or bodily harm.
Cases of lawful defence.
Sub-title IV
OF INVOLUNTARY HOMICIDE OR BODILY HARM
Involuntary homicide. Amended by: IX. 1859.15; VI.1871.16; XI. 1900.33; III. 1971.4; XIII. 1980.5; XIII. 1983.5; III. 2002.39;
L.N. 407 of 2007; VII. 2010.14.
225. (1) Whosoever, through imprudence, carelessness, unskilfuln e ss in his art or pro f essio n , or non -observance of
regulations, causes the death of any person, shall, on conviction, be liable to imprisonment for a term not exceeding four years
or to a fine (multa) not exceeding eleven thousand and six hundred and forty- six euro and eighty-seven cents (11,646.87).
(2) Where the offender has caused the death of more than one person or where in addition to causing the death of a person the
offender has also caused bodily harm to another person or other persons the punishment shall be that of imprisonment of a term
from five to ten years.
Involuntary bodily harm.
Amended by: VI. 1871.17; XI. 1900.33;
VIII. 1909.20; III. 1971.5; XIII. 1980.6;
XIII. 1983.5; III. 2002.40;
L.N. 407 of 2007.
(a) if the harm is grievous and produces the effects mentioned in article 218, to imprisonment for a term not exceeding
one year or to a fine (multa) not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75);
(b) if the harm is grievous without the effects mentioned in article 218, to imprisonment for a term not exceeding
six months or to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37);
(c) if the harm is slight, to the punishments established for contraventions.
(2) In the cases referred to in subarticle (1)(c), proceedings may only be taken on the complaint of the injured party.
Involuntary homicide or involuntary bodily harm in the course of theft or attempted theft. Added by: XXIX.1990.8.
(a) in the case of death, to the punishment of imprisonment from four to nine years;
(b) in the case of bodily harm, to the punishments mentioned in article 226 which shall be increased by one or two
degrees.
Explosive fluid or substance.
Added by: VIII. 2008.17.
three degrees.
Sub-title V
OF EXCUSES FOR THE CRIMES REFERRED TO IN THE FOREGOING SUB-TITLES OF THIS TITLE
(a) where it is provoked by a grievous bodily harm, or by any crime whatsoever against the person, punishable with more than one
year ’s imprisonment;
(b) where it is committed in repelling, during the day- time, the scaling or breaking of enclosures, walls, or the entrance
of any house or inhabited apartment, or the appurtenances thereof having a direct or an indirect communication with such house
or apartment;
(c) where it is committed by any person acting under the first transport of a sudden passion or mental excitement
in consequence of which he is, in the act of committing the crime, incapable of reflecting;
the offender shall be deemed to be incapable of reflecting whenever the homicide be in fact attributable to heat
of blood and not to a deliberate intention to kill or to cause a serious injury to the person, and the cause be such as
would, in persons of ordinary temperament, commonly produce the effect of rendering them incapable of reflecting on the
consequences of the crime;
(d) where it is committed by any person who, acting under the circumstances mentioned in article 223, shall have exceeded the limits
imposed by law, by the authority, or by necessity:
Provided, moreover, that any such excess shall not be liable to punishment if it is due to the person being taken unawares, or to
fear or fright.
Cases of excusable wilful homicide. Amended by:
V. 1868.12; VIII. 1909.21;
XLIX. 1981.4; III. 2002.41.
228. (1) In the case of wilful homicide excusable in terms of paragraph (a) or (b) of the last preceding article, the offender shall, on conviction, be liable to imprisonment for a term not exceeding two years.
(2) In the case of wilful homicide excusable in terms of paragraph (c) of the last preceding article, the offender shall, on conviction, be liable to imprisonment for a term from five to twenty years.
(3) In the case of wilful homicide excusable in terms of paragraph (d) of the last preceding article, the offender shall, on conviction , b e liab le to impr isonment for a term not exceeding twelve
years.
Punishment for excusable wilful homicide. Amended by:
V. 1868.13; VIII. 1909.22;
III. 2002.42.
Cases of inadmissibility of excuse.
229. The excuse referred to in article 227(c), shall not be admissible -
(a) where the passion is provoked by the lawful correction of the person accused;
(b) where the passion is provoked by the lawful performance of duty by a public officer;
(c) where the offender has either sought provocation as a pretext to kill or to cause a serious injury to the person, or endeavoured
to kill or to cause such serious injury before any provocation shall have taken place.
Excusable bodily harm.
Amended by: V.1868.14; VIII. 1909.23.
(a) in the cases mentioned as excuses for wilful homicide in article 227(a) and (b);
(b) in the cases mentioned as excuses for wilful homicide in article 227(c);
(c) if it is provoked by any crime whatsoever against the person;
(d) in the cases mentioned as excuses for wilful homicide in article 227(d).
Punishment for excusable bodily harm referred to in paragraph (a) of s.230,
Amended by: V.1868.15; XI. 1900.34; XIII.1980.7.
231. (1) In the cases referred to in paragraph (a) of the last preceding article, the offender shall, on conviction, be liable -
(a) if death has ensued -
(i) solely as a result of the nature or the natural consequences of the harm and not of any supervening
accidental cause, to imprisonment for a term not exceeding one year;
(ii) as a result of a supervening accidental cause and not solely as a result of the nature or natural consequences of
the harm, to imprisonment for a term not exceeding six months;
(b) if the harm is grievous and produces the effects mentioned in article 218, to imprisonment for a term not exceeding six
months;
(c) if the harm is grievous without the effects mentioned in article 218, to imprisonment for a term not exceeding
three months;
(d) if the harm shall have become grievous owing to a supervening accidental cause -
(i) to imprisonment for a term not exceeding three months, in the case referred to in paragraph (b);
(ii) to the punishments established for contrav- entions, in the case referred to in paragraph (c).
(2) In the cases referred to in subarticle (1), if the harm is slight, no proceedings shall be instituted.
232. In the cases referred to in article 230(b) and (c) the offender shall, on conviction, be liable -
(a) if the harm is grievous, to imprisonment for a term not exceeding two-thirds of that established for the crime when not excusable;
(b) if the harm is slight and is committed by any of the means referred to in article 217, or on any of the persons mentioned
in article 222(a) and (b), or on any of the persons mentioned in article 222A, to imprisonment for a term not exceeding three months;
(c) if the harm is slight, without the aggravating circum- stances referred to in the last preceding paragraph, to imprisonment for
a term not exceeding one month or to a fine (multa) or to the punishments established for contraventions:
Provided that if the punishment established for the crime when not excusable be that established for contraventions, the
period of detention shall not exceed twenty days and the amount of the fine (ammenda) shall not exceed six euro and ninety-nine cents (6.99).
in paragraphs (b) and (c) of s. 230, Amended by: VIII. 1857.6,7;
V. 1868.15; XI. 1900.34;
I.1903.8; XIII. 1983.5; XXIX. 1990.9;
L.N. 407 of 2007.
233. (1) In the cases referred to in article 230(d), the offender shall, on conviction, be liable -
(a) in the case of grievous bodily harm, to imprisonment for a term not exceeding one-third of that established for the crime when
not excusable;
(b) in the case of slight bodily harm committed by any of the means referred to in article 217, to imprisonment for a term not exceeding
two months.
(2) In the cases referred to in subarticle (1) if the harm is slight and is not committed by any of the means referred to in article
217, no punishment shall be awarded.
in paragraph (d) of s. 230.
Added by:
VIII. 1909.24.
Admissibility of excuse in case of homicide or bodily harm caused to person other than the intended
victim.
Amended by:
XI.1900.34.
When provocation may be pleaded. Amended by:
V. 1868.14.
Homicide or bodily harm caused by husband on adulterous wife
and adulterer.
Homicide or bodily harm in accidental affray.
Amended by: VIII. 1857.8; VI.1871.18;
III.1885.2; XI. 1900.35; XLIX. 1981.4.
(a) in the case of homicide, to imprisonment for a term not exceeding three years;
(b) in the case of a grievous bodily harm producing the effects mentioned in article 218, to imprisonment for a term not exceeding
one year;
(c) in the case of a grievous bodily harm without the effects mentioned in article 218, to imprisonment for a term not exceeding
three months;
(d) in the case of a slight bodily harm, to the punishments established for contraventions:
Provided that, in the case of homicide, the person or persons who shall have inflicted on the party killed a bodily harm
from which death might have ensued, shall, on conviction, be liable to imprisonment for a term from five to twelve years.
Provoking tumult or affray for the purpose of committing homicide or causing a bodily harm.
Added by: XI. 1900.35.
(a) if any person is killed, to the punishment established for wilful homicide;
(b) if any person suffers a bodily harm, to the punishment established for such bodily harm increased by one degree.
Sub-title VI
OF THE CONCEALMENT OF HOMICIDE OR BODILY HARM, AND OF THE CONCEALMENT OF DEAD BODIES
Concealing body of person killed.
Concealing birth of child.
Amended by:
IV.1994.8.
Sub-title VII
OF ABORTION, OF THE ADMINISTRATION OR SUPPLYING OF SUBSTANCES POISONOUS OR INJURIOUS TO HEALTH, AND OF THE SPREADING OF DISEASE
Substituted by: III. 2002.43.
(2) The same punishment shall be awarded against any woman w ho shall procure her own miscarriage, or who shal l have co nsented to the use of the mean s by which the miscarriage is procured.
Procuring miscarriage. Amended by: XLIX. 1981.4.
243A. Whosoever, through imprudence, carelessness, u n sk ilfulness in his art or profession, o r non-ob servance of regulations, causes the miscarriage of a woman with child, shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).
Provided that where the other person dies as a result of such disease or condition, the offender shall be liable to the punishment
established in article 211(1).
(2) Where any such disease or condition as is referred to in
Death or grievous bodily harm caused by means used for miscarriage. Amended by:
III. 2002.44.
Where physician, etc., prescribes or administers means for causing miscarriage. Amended by: XLIX. 1981.4.
Culpable miscarriage. Added by: III. 2002.45.
Amended by:
L.N. 407 of 2007.
Administering or causing others to take substances injurious to health. Amended by: XLIX.1981.4.
Transmission, communication. etc., of disease. Added by:
III. 2002.46. Amended by:
L.N. 407 of 2007.
subarticle (1) is transmitted, communicated or passed on through imprudence, careles sne ss or th ro ugh no n-o b servance of any
regulation by the person who knew or should have known that he suff ers th er e from or i s afflicted thereby th at person shall
on conviction be liable to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37):
Provided that where the other person dies as a result of such disease or condition, the offender shall be liable to the punishments
established in article 225.
(3) The Minister responsible for justice shall, by notice in the
Gazette, specify diseases or conditions to which this article applies.
Sub-title VIII
Amended by: VI. 1947.8. Substituted by: III. 2002.47.
OF INFANTICIDE AND OF THE ABANDONMENT,
EXPOSURE AND ILL-TREATMENT OF CHILDREN
Infanticide. Added by: VI. 1947.9.
Abandoning or exposing child under seven years. Amended by: XLIX. 1981.4.
If child dies or sustains injury. Amended by: IX. 1859.I6;
V. 1868.16; VI. 1947.10; III. 2002.48.
Abandoning or exposing child without danger to life or limb.
(2) Where the abandonment or the exposure of a child as pro v id ed in thi s article sh al l n o t h a v e taken
p l ace u nder circumstances of manifest danger either to the life or to the person of th e child so abandoned or exposed, the
punishment shall be diminished by two degrees:
Provided that where the punishment prescribed in sub a r ticl e s (1) and (2 ), b e n o t heavi e r th an the pun
ish m ent presc r ibed in the la st prec edi ng article, the offender shall, on
conviction, be liable to th e pu ni shment pr escribed in the latt er article, increased by one degree.
(2) For the purposes of subarticle (1), ill-treatment includes neglecting the child’s need for adequate nutrition, clothing,
shelter, and protection from harm, persistently offending the child’s dignity and self-esteem in a serious manner and persistently
imposing upon the child age-inappropriate tasks or hard physical labour.
(3) The provisions of article 197(4) shall also apply in the case of an offence under this article, when the offence is committed
by any ascendant or tutor.
Ill-treatment or neglect of child under twelve years. Added by:
III. 2002.49.
Provided that in either case, the court may, in its discretion, award a fine (multa or ammenda) in lieu of imprisonment.
Failure to take care of foundling or to make report thereof.
GENERAL PROVISION APPLICABLE TO OFFENCES UNDER SUB-TITLES I TO V, BOTH INCLUSIVE,
AND SUB-TITLE VIII
Added by: VII. 2010.15.
Disability in case of offences against persons under age. Added by:
VII. 2010.15.
Sub-title VIII BIS
OF THE TRAFFIC OF PERSONS
Added by: III. 2002.50.
Traffic of a person of age for the purpose of exploitation in the production of goods or provision of services.
Added by: III. 2002.50.
Amended by: VII. 2010.16.
(a) the production of goods or provision of services; or
(b) slavery or practices similar to slavery; or
(c) servitude; or
(d) activities associated with begging; or
(e) any other unlawful activities not specifically provided for elsewhere under this sub-title,
shall, on conviction, be liable to the punishment of imprisonment for a term from two to nine years.
For the purposes of this subarticle exploitation includes requiring a person to produce goods and provide services under
conditions and in circumstances which infringe labour standards governing working conditions, salaries and health and safety.
(2) The means referred to in subarticle (1) are the following: (a) violence or threats, including abduction;
(b) deceit or fraud;
(c) misuse of authority, influence or pressure;
(d) the giving or receiving of payments or benefits to achieve the consent of the person having control over another person.
Traffic of a person of age for the purpose of exploitation in prostitution, etc. Added by:
III. 2002.50.
Traffic of a person of age for the purpose of exploitation in the removal of organs. Added by:
III. 2002.50.
Traffic of a minor for any of the purposes mentioned in articles 248A to
248C.
Added by:
III. 2002.50.
Provided that where any of the means mentioned in article
248A(2) has been used in the commission of the offence under this article the punishment for the offence shall be increased by one
degree.
For the purposes of this article child labour shall include the co ercio n of a person und er ag e i n to forced or compulsory labo ur for any pu rp ose w h atso ever including the forced or compulsory recruitment of minors to take part in armed conflict.
Improperly inducing consent to adoption of a
minor for purposes of exploitation. Added by:
VII. 2010.17.
Child labour. Added by: VII. 2010.17.
(2) Where any of the offences in articles 248A to 248D, both inclusive -
(a) is accompanied by violence; or
(b) generates proceeds exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87); or
(c) is committed with the involvement of a criminal organisation within the meaning of article 83A(1); or
(d) is committed by a public officer or servant in the course of the exercise of his duties; or
(e) is committed against a vulnerable person within the meaning of article 204D(2); or
(f) when the offender willfully or recklessly endangered the life of the person trafficked,
the punishment otherwise due shall be increased by one degree.
(3) The provisions of article 121D shall apply mutatis mutandis to the offences under this sub-title, so however that the punishment to which the body corporate shall be liable under this subarticle
shall be the payment of a fine ( mu lta ) of not less than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) and not more than one million
and eight hundred and sixty-three thousand and four hundred and ninety-eight euro and seventy-two cents (1,863,498.72).
(4) Where the person found guilty of any of the offences under this sub-title -
(a) was at the time of the commission of the offence an employee or otherwise in the service of a body
General provisions applicable to this sub-title.
Added by: III. 2002.50.
Amended by:
L.N. 407 of 2007;
XXXI. 2007.14;
VII. 2010.18.
Exemption for acts under compulsion.
Inapplicability of Immigration Act. Cap. 217.
corporate, and
(b) the commission of the offence was for the benefit, in part or in whole, of that body corporate, and
(c) the commission of the offence was rendered possible because of the lack of supervision or control by a person referred
to in article 121D,
the person found guilty as aforesaid shall be deemed to be vested with the legal representation of the same body corporate which
shall be liable to the payment of a fine (multa) of not less than four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75) 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).
(5) 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.
(6) The offences committed under this sub-title shall not be li abl e to p u n i shmen t if th e o ffe nder wa s comp elled thereto
by another person where the provisions of article 33(b) do not apply.
(7) The provisions of article 14 of the Immigration Act shall no t ap pl y u n t i l th e lap s e of th ir ty days fro m t h e d a te t h at th e Principal Immigration Officer has reasonable
grounds to believe that the person concerned is a victim of any of the offences under this sub-title.
Sub-title IX
Amended by: VIII. 1909.25. Substituted by: XX. 2005.14.
OF THREATS, PRIVATE VIOLENCE AND HARASSMENT
Threats by means of writings. Amended by:
IX. 1859.17; XIV. 1983.5;
III. 2002.51.
Provided that where the threat concerns the use of nuclear materi al t o cau s e death o r seri ou s i n j u ry t o an y perso n or
substantial damage to property or the commission of an offence of theft of nuclear material in ord e r to compel a natural or legal
person, international organization or State to do or to refrain from doing any act the punishment for the offence shall be increased
by three degr ees; th e expression "nuclear material" shall have the
same meaning assigned to it by article 314B(4).
(2) Where the threat, be it even verbal, contains an order, or imposes a condition, the offender shall, on conviction, be liable
to the punishment prescribed in subarticle (1) and to a fine (multa).
(3) Moreover the offender shall be required to find a surety, or to enter into a recognizance as provided in articles 383, 384
and
385.
(2) Where by such threat the offender shall have attained his end, he shall be liable to imp risonment for a term from seven months to three years.
Blackmail. Amended by: IX. 1859.18; VIII. 1909.26; XLIX. 1981.4; III. 2002.52.
(2) Where the offender shall have attained his end, he shall be li able to th e punishment laid down in subarticle (2) of the last preceding article.
Private violence.
(a) which amounts to harassment of another person, and
(b) which he knows or ought to know amounts to harassment of such other person,
shall be guilty of an offence under this article.
(2) For the purpose of this article, the person whose course of conduct is in question ought to know that it amounts to harassment
of another person if a reasonable person in possession of the same i n for m ati on woul d t h in k th e cou r se of con duct amou
nted t o harassment of the other person.
(3) It is a defence for a person charged with an offence under this article to show that:
(a) his course of conduct was pursued for the purpose of preventing or detecting crime; or
(b) his course of conduct was pursued under any enactment, regulation or rule, or to comply with any condition or requirement
imposed by any person under any enactment; or
(c) in the particular circumstances the pursuit of the course of conduct was reasonable.
(4) A person guilty of an offence under this article shall be
Harassment. Added by: XX. 2005.15. Amended by:
L.N. 407 of 2007.
liable to the punishment of imprisonment for a term from one to three months or to a fine (multa) of not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2329.37) and not more than four thousand
and six hundred and fifty-eight euro and seven t y-fi ve cents (4658.75), o r t o b o t h s u c h f i n e a n d imprisonment:
Provided that the punishment shall be increased by one degree wh ere the of fence is committed against any person mentioned
in article 222(1).
Causing others to fear that violence will be used against them. Added by:
XX. 2005.15. Amended by:
L.N. 407 of 2007.
222(1) shall be guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each
of those occasions, and shall be liable to the punishme n t of im prisonment for a term from th ree to six m onths or to a fine
(multa) of not less than four thousand and six hundred and fifty-eight euro and seventy-five cents (4658.75) and not more than eleven thousand
and six hundred and forty-six euro and eighty-seven cents (11,646.87), or to both such fine and imprisonment.
(2) For the purpose of this article, the person whose course of co ndu ct i s in questi on oug ht to kno w t hat it wil l cause
anot her person to fear t h at violence wi ll be used against hi m on any occasion if a reasonable pers on in pos s ession of the
same information would think the course of conduct would cause the other so to fear on that occasion.
(3) It is a defence for a person charged with an offence under this article to show that:
(a) his course of conduct was pursued in the circumstances mentioned in article 251A(3)(a) or (b); or
(b) the pursuit of his course of conduct was reasonable for the protection of himself or another or for the protection
of his or another ’s property.
Interpretation of articles 251A and
251B. Added by: XX. 2005.15.
Increase of punishment in certain cases. Added by: XVI. 2006.5.
Sub-title X
OF DEFAMATION, AND OF THE DISCLOSING OF SECRET
MATTERS
252. (1) Whosoever, with the object of destroying or damaging the reputation of any person, shall offend such person by words, gestures,
or by any writing or drawing, or in any other manner, shall, on conviction, be liable to imprisonment for a term not exceeding
three months, or to a fine (multa).
(2) Where the defamation consists in vague expressions or indeterminate reproaches, or in words or acts which are merely
indecent, the offender shall be liable to the punishments established for contraventions.
(3) Where the defamation is committed by means of writings, effig i es or drawings, divulged or exhibited t o the public, the
offender shall be liable to imprisonment for a term not exceeding one year.
(4) Where the defamation is directed against an ascendant, and the offence is punishable with imprisonment, the offender shall
also be liable to a fine (multa).
Defamation. Amended by: XI.1900.36; IV. 1916.2.
(2) Evidence of the truth is, however, admitted -
(a) if the person aggrieved is a public officer or employee, and the fact attributed to him refers to the exercise of his functions,
and the defendant, in the preliminary stage of the cause, assumes responsibility for the defamation and declares in his
defence that he wishes to prove the truth of the fact attributed by him to the aggrieved party:
Provided that this provision shall not apply in the case of the offences referred to in articles 93 and 95;
(b) if the complainant formally requests that the proceedings shall include an inquiry into the truth or the falsity
of the fact attributed to him.
(3) If the truth of the fact be proved, the defendant shall be exempted from punishment, whenever the court is satisfied that the
proof of the truth has been in the public interest, and the means used, having regard to the circumstances of time, place and person,
do not in themselves constitute a defamation or any other offence independently of the proof of the truth of the fact attributed
to the complainant.
(4) Where the defendant, in the case in which he is allowed to prove the truth of the fact attributed to the complainant, fails
in proof of such truth, the cour t may, if the defamation is proved, increase the punishment by one or two degrees, having regard
to all
Evidence of truth inadmissible. Amended by: XI.1900.36;
IV. 1916.3.
Exceptions.
the circumstances of the case.
Extenuating circumstances. Discretionary power of court. Amended by: XI. 1900.36.
No proceedings without complaint of aggrieved party. Where party aggrieved dies before complaint or where the offence is against the memory of deceased persons. Amended by:
XI. 1900.36.
Libel. Amended by: XIV. 1889.44; XI.1900.36; XXII.1976.4. Cap. 248.
Provided that where the party aggrieved dies before having made the complaint, or where the offence is committed against the memory of a deceased person, it shall be lawful for the husband or wife, the ascendants, descendants, brothers and sisters, and for the immediate heirs, to make the complaint.
(2) Where, according to the said Act, proceedings may only be instituted on the complaint of the party aggrieved, the provisions co nt ain ed in t he prov iso to t he last prece ding article shall also apply.
Disclosing of professional secrets. Substituted by: XXIV. 1994.15. Amended by:
II. 1998.7;
L.N. 407 of 2007.
Cap. 101. Cap. 31.
Cap. 373.
257. If any person, who by reason of his calling, profession or office, becomes the depositary of any secret confided in him, shall, except
when compelled by law to give inf o rmation to a public authority, disclose such secret, he shall on conviction be liable to a
fine (multa) not exceeding forty-six thousand and five hundred and eighty - seven euro and forty- seven cents (46,587.47) o r t o imprisonment
for a term not exceeding two years or to both such fine and imprisonment:
Provided that, notwithstanding the provisions of any other law, it shall be a defence to show that the disclosure was made to a competent
public authority in Malta or outside Malta investigating any act or omission committed in Malta and which constitutes, or if committed
outside Malta would in corresponding circumstances constitute -
(a) any of the offences referred to in article 22(2)(a)(1) of the Dangerous Drugs Ordinance; or
(b) any of the offences referred to in article 120A(2)(a)(1)
of the Medical and Kindred Professions Ordinance; or
(c) any offence of money laundering within the meaning of the Prevention of Money Laundering Act:
Provided further that the provisions of the first proviso of this article shall not apply to a person who is a member of the legal
or the medical profession.
Title IX
OF CRIMES AGAINST PROPERTY AND PUBLIC SAFETY
Amended by: XVI. 1901.1; I. 1903.11.
Sub-title I
OF THEFT
§ OF AGGRAVATED THEFT
261. The crime of theft may be aggravated - (a) by "violence";
(b) by "means";
(c) by "amount"; (d) by "person"; (e) by "place";
(f) by "time";
(g) by "the nature of the thing stolen".
Theft. Aggravating circumstances.
(a) where it is accompanied with homicide, bodily harm, or confinement of the person, or with a written or verbal threat
to kill, or to inflict a bodily harm, or to cause damage to property;
(b) where the thief presents himself armed, or where the thieves though unarmed present themselves in a number of more
than two;
(c) where any person scouring the country-side and carrying arms proper, or forming part of an assembly in terms of
article 63, shall, by a written or verbal request, made either directly or through another person, cause to be delivered
to him the property of another, although the request be not accompanied with any threat.
(2) In order that an act of violence may be deemed to aggravate the theft, i t shall be suf f i c ient t h at such act be co
mmit ted previously to, at the time of, or immediately after the crime, with the object of facilitating the completion thereof, or
of screening the offender from punishment or from arrest or from the hue and cry raised by the injured party or by others, or of
preventing the recovery of the stolen property or by way of revenge because of impediment placed or attempted to be placed in the
way of the theft, or because of the recovery of the stolen property or of the discovery of the thief.
Theft aggravated by "violence".
Theft aggravated by "means".
Definition of "breaking". Amended by: IX.1859.19; XVI. 1921.3, 4; XXXII. 1986.3.
Presumptive evidence in the case of breaking of pipes, etc.
(a) when it is committed with internal or external breaking, with false keys, or by scaling;
(b) when the thief makes use of any painting, mask, or other covering of the face, or any other disguise of garment or appearance,
or when, in order to commit the theft, he takes the designation or puts on the dress of any civil or military officer, or alleges
a fictitious order purporting to be issued by any public authority, even though such devices shall not have ultimately contributed
to facilitate the theft, or to conceal the perpetrator thereof.
Savi ng the provisions of article 326, any br eaking, twisting, wrenching, or forcing of the pipes of the public water service or
of the gas service, or of the wires or cables of the electricity service, or of the meters thereof, or of any seal of any meter,
made for the purpose of effecting an unlawful communication with such pipes, wi res, or cab l es, or th e exist e n c e of ar tif
icial m e ans as ar e mentioned in subarticle (2), shall also be deemed to be "breaking".
(2) In the case of breaking of pipes of the public water service or of the gas service, or of the wires or cables of the electricity
service, or of the metres thereof, or of any seal of any meter, or in the case of the existence of artificial means capable of effecting
the unlawful use or consumption of water, gas or electric current, or capable of preventing or altering the measurement or registration
on the meter of the quantity used or consumed, shall, until the contrary is proved, be taken as evidence of the knowledge on the
part of the person occupying or having the control of the tenement in which such breaking or artificial means are found, of the said
use or consumption of water, gas or electric current, as the case may be.
Definition of "false key".
Definition of
"scaling".
264 by any way other than by the doors ordinarily intended for the
purpose, whether the entry is effected by means of a ladder or rope or by any other means whatsoever, or by the bodily assistance
of any other person or by clambering in any way whatsoever in order
to mount or descend, as well as the entry by any subterraneous aperture other than that established as an entrance, shall be deemed
"scaling".
(2) For the purposes of punishment, there shall also be deemed to be "scaling" when the offender, although he shall have
entered into any of the places aforesaid by any way ordinarily destined for the purpose, shall get out of the same by any of the
m e ans aforesaid.
(a) when it is committed in any place by a servant to the prejudice of his master, or to the prejudice of a third party, if his
capacity as servant, whether real or fictitious, shall have afforded him facilities in the commission of the theft;
the term "servant" shall include every person employed at a salary or other remuneration in the service of
another, whether such person lives with his master or not;
(b) when it is committed by a guest or by any person of his family, in the house where he is receiving hospitality, or, under similar
circumstances, by the host or by any person of his family, to the prejudice of the guest or his family;
(c) when it is committed by any hotel-keeper, innkeeper, driver of a vehicle, boatman, or by any of their agents, servants or employees,
in the hotel, inn, vehicle or boat wherein such hotel-keeper, innkeeper, driver or boatman carries on or causes to be carried
on any such trade or calling, or performs or causes to be performed any such service; and also when it is committed in any of the
above-mentioned places, by any individual who has taken lodgings or a place, or has entrusted his property therein;
(d) when it is committed by any apprentice, fellow workman, journey-man, professor, artist, soldier, seaman,
or any other employee, in the house, shop, workshop, quarters, ship, or any other place, to which the offender has access
by reason of his trade, profession, or employment.
269. Theft is aggravated by "place", when it is committed - (a) in any public place destined for divine worship;
(b) in the hall where the court sits and during the sitting of the court;
Theft aggravated by "amount". Amended by:
XI. 1900.37; III. 1971.6;
XIII. 1980.8; XIII. 1983.5;
L.N. 407 of 2007.
Theft aggravated by "person".
Definition of
"servant".
Theft aggravated by "place".
(c) on any public road in the country-side outside inhabited areas;
(d) in any store or arsenal of the Government, or in any other place for the deposit of goods or pledges, destined for the
convenience of the public;
(e) on any ship or vessel lying at anchor;
(f) in any prison, or other place of custody or punishment; (g) in any dwelling-house or appurtenance thereof.
Theft aggravated by "time".
Theft aggravated by "the nature of the thing stolen". Amended by: XIII. 1983.5; XXXII. 1986.4; III. 2002.53;
V. 2005.37;
L.N. 407 of 2007.
Cap. 477.
(a) when it is committed upon things exposed to danger, whether by their being cast away or removed for safety, or by
their being abandoned on account of urgent personal danger arising from fire, the falling of a building, or from any shipwreck,
flood, invasion by an enemy, or any other grave calamity;
(b) when it is committed on beehives;
(c) when it is committed on any kind of cattle, large or small, in any pasture-ground, farmhouse or stable, provided the value be
not less than two euro and thirty-three cents (2.33);
(d) when it is committed on any cordage, or other things essentially required for the navigation or for the safety of ships or vessels;
(e) when it is committed on any net or other tackle cast in the sea, for the purpose of fishing;
(f) when it is committed on any article of ornament or clothing which is at the time on the person of any child under nine years
of age;
(g) when it is committed on any vehicle in a public place or in a place accessible to the public, or on any part or accessory of,
or anything inside, such vehicle;
(h) when it is committed on nuclear material as defined in article 314B(4);
(i) when it is committed on any public record as defined in article 2 of the National Archives Act.
Punishment for theft accompanied with wilful homicide. Amended by:
XXI. 1971.20; XLIX. 1981.4.
(a) if the harm is grievous and death ensues as a result of the nature or the natural consequences of the harm and not of any supervening
accidental cause:
(i) to imprisonment for a term from eight to thirty years, if death shall ensue within forty days to be reckoned from the
midnight immediately preceding the crime;
(ii) to imprisonment for a term from six to twenty five years, if death shall ensue after the said forty days, but within
one year to be reckoned as above;
(b) if death shall ensue as a result of a supervening accidental cause and not solely as a result of the nature or the natural
consequences of the harm, the offender shall, on conviction, be liable to imprisonment for a term from five to ten years.
(2) The provisions of article 220(3) shall apply where the harm is caused within the territorial limits of Malta but death occurs
outside those limits.
Punishment for theft accompanied with grievous bodily harm from which death ensues.
Added by: VII. 2010.19.
(a) if the harm is grievous and produces the effects mentioned in article 218, to imprisonment for a term from four to twelve
years;
(b) if the harm is grievous without the effects mentioned in article 218, to imprisonment for a term from three to nine years;
(c) if the harm is slight, to imprisonment for a term from two to five years;
(d) if the harm is slight and of small consequence, and is not committed by any of the means mentioned in article 217, to
imprisonment for a term from eighteen months to three years.
Punishment for theft accompanied with attempted homicide. Amended by:
IV. 1856.13; VI. 1871.l9;
XI.1900.38; XLIX. 1981.4.
Punishment for theft accompanied with bodily harm. Amended by: XI.1900.38;
XLIX. 1981.4.
Punishment for theft accompanied with confinement of person. Amended by: V.1868.17;
XLIX. 1981.4.
Punishment for theft aggravated by "violence" not accompanied with wilful or attempted homicide or with bodily harm or confinement of person.
Amended by: V.1868.17; XLIX.1981.4.
Punishment when "violence" is directed against certain persons. Added by:
XXIX. 1990.12. Amended by:
III. 2002.54.
Punishment for theft aggravated by "violence" accompanied with other aggravating circumstances. Amended by: XXIX.1990.13.
276 shall be increased by one or two degrees when the "violence" therein mentioned is directed against a person who is under
the age of twelve years or over the age of sixty years or against a person
who is suffering from a degree of physical or mental infirmity in consequence of which he is unable to offer adequate resistance.
274, 275 or 276, is accompanied with any of the other aggravating circumstances specified in article 261, the offender shall,
on
conviction, be liable -
(a) where the theft is accompanied with one or more of such other aggravating circumstances, with the exception of that
of "means", to the punishment established in article 274, 275, 276 or 276A, which shall not be awarded in its minimum;
(b) where the theft is accompanied with the aggravating circumstance of "means", whether with or without other aggravating
circumstances, to the punishment established in article 274, 275, 276 or 276A, increased by one or two degrees.
Punishment for theft aggravated by "means" only or by "means" and other aggravating circumstances. Amended by: VI.1871.20; XI.1900.39; I.1903.12; XII.1913.6; III.1971.7; XIII.1980.9; XLIX.1981.4; XIII.1983.5;
L.N. 407 of 2007.
(2) Where the theft, besides being accompanied with the aggravating circumstance of "means", is also accompanied
with one of the other aggravating circumstances, with the exception of that of "violence", the said punishment shall not
be awarded in its minimum.
(3) Where the theft, besides being accompanied with the aggravating circumstance of "means", is also accompanied
with t w o or mo re of the oth e r aggr avating circumstances, with the exception of that of "violence", the said puni
shment shall be increased by one degree and shall not be awarded in its minimum.
Powers of court. (4) Where, however, the value of the thing stolen does not exceed twenty-three euro and twenty-nine cents (23.29), t h e c o u
r t m a y, without prejudice to the operation of article 371(2)(c), apply in each case the punishment of imprisonment for a term from five to nine months.
"amount" only shall be liable -
(a) if the value of the thing stolen does not exceed two thousand and three hundred and twenty-nine euro and thirty-seven cents
(2,329.37), to imprisonment for a term from five months to three years;
(b) if the value of the thing stolen exceeds two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37),
to imprisonment for a term from thirteen months to seven years:
Provided that where for any reason mentioned in article
325(2) it is not possible to estimate the value of the thing stolen the said value shall be deemed to exceed two thousand and three
hundred
and twenty-nine euro and thirty-seven cents (2,329.37).
Punishment for theft aggravated by "amount". Amended by:
XI. 1900.39; XII. 1913.7;
III. 1971.8; XIII. 1980.10; XLIX. 1981.4;
XIII. 1983.5; V. 2005.37;
L.N. 407 of 2007.
(2) Where the theft, besides being accompanied with the aggravating circumstance of "amount", is also accompanied
with the a g gravating circumstance of "vio lence", or wi th that of "means", or with both, the punishment
applicable to theft when accompanied with such aggravating circumstances shall be applied:
Provided that, if such punishment be lower than the p unishments l a i d do wn i n th e l a st p r eceding ar ticle, the
latter punishments shall be applied with an increase of one degree.
(3) For the purposes of the foregoing subarticle, where the "violence" is dir ected against any of the persons
mentioned in article 276A, the punishment applicable to theft when accompanied with the a g gravating circumstan ce of "violence"
shall be the punishment as increased by that article.
Punishment for theft aggravated by "amount" accompanied with other aggravating circumstances. Amended by: XI.1900.39; XII.1913.8; XXIX.1990.14.
(a) where the theft is accompanied with one only of these four aggravating circumstances, to imprisonment for a term from seven months
to two years;
(b) where the theft is accompanied with two of such aggravating circumstances, to the same punishment, which, however,
shall in no case be awarded in its minimum;
(c) where the theft is accompanied with more than two of such aggravating circumstances, to the said punishment,
which may, however, be increased to any term not exceeding three years.
Punishment for theft aggravated by "person", "place", "time" or "nature
of thing stolen".
Amended by:
XLIX.1981.4.
Punishment for aggravated theft when the value of the thing stolen does not exceed twenty-three euro and twenty-nine cents (23.29). Amended by: IV.1856.14; V.1868.18; VI.1871.21; XI.1900.40; I.1903.14; III.1971.9; XLIX.1981.4;
XIII. 1983.5;
L.N. 407 of 2007.
Theft of water, gas or electric current. Added by: XVI.1921.5. Amended by: XIII.1983.5;
L.N. 407 of 2007.
When deemed to
be completed.
Punishment when
value of water, etc.,
does not exceed
twenty-three euro
and twenty-nine
cents (23.29).
Complaint of the injured party. Added by:
XXII. 2005.3.
264(1), the thef t aggravated by "m ea ns" shall be deem ed to be completed when the communication therein mentioned is
effected, and the offender shall be liable to the punishment laid down in
article 278(4), unless it is proved that the value of the water, gas or electric current stolen exceeds twenty-three euro and twenty-nine
cents (23.29).
§ OF SIMPLE THEFT
Simple theft. 284. Theft, when not accompanied with any of the aggravating circumstances specified in article 261, is simple theft.
Punishment. Amended by: III.1971.10; XLIX.1981.4; XIII. 1983.5;
L.N. 407 of 2007.
Provided that if the value of the thing stolen does not exceed twenty-three euro and twenty-nine cents (23.29), the offender shall, on conviction, be liable to imprisonment for a term not exceeding three months.
GENERAL PROVISION APPLICABLE TO THIS SUB-TITLE
Possession of stolen articles by person previously convicted of theft or of receiving stolen articles. Amended by:
XI. 1900.41; I.1903.15.
Unjustified possession of moneys, articles, etc., by person previously convicted of theft, etc.
Added by: XI.1900.41.
Theft for mere use of thing stolen. Amended by: IV.1856.15; VI.1871.22; XI.1900.42.
(2) When the increase of punishment cannot otherwise take pla ce than by the ap pl icat io n o f soli tar y confinement, such punishment may be awarded to the extent of eighteen periods.
Punishment in case of second or subsequent conviction for
theft.
Sub-title II
OF OTHER OFFENCES RELATING TO UNLAWFUL ACQUISITION AND POSSESSION OF PROPERTY
290. Whosoever shall purchase or otherwise receive from any other person or shall be found to have in his possession any article bearing any mark or sign denoting such article to be the property of the Republic of Malta, or any article which the possessor knows to be the property of the Republic of Malta, for the disposal of which no wri tten permi ssi on sh all h a ve b een g i ven by the com p etent authority, and shall fail to give a satisfactory account as to how he came by the article or thing found in his pos s ession, shall, on conviction, be liable to a fine (multa) or imprisonment for a term not exceeding one month.
Unlawful possession of property of the Republic of Malta. Amended by:
IV. 1856.16; XXVI. 1931.3;
XXVII. 1975.19.
obliterating marks denoting property of the Republic of Malta.
Amended by: XXII. 1931.3;
XXVII. 1975.20; XLIX. 1981.4.
Unlawful dealings in or possession of marine or ship’s stores.
Republic of Malta, shall destroy or obliterate, in any of the articles or t h ing s m e nt ioned i n th e last two preceding articles,
f o r th e disposal of which no permission shall have been given, any mark or si gn deno tin g su ch arti cle or th ing to b e th
e prop ert y o f the Republic of Malta, shall, on conviction, be liable to imprisonment for a term from one to six months.
292. Whosoever, without a licence from the Government, shall keep for sale or deal in any articles which are by common repute considered
to come under the denomination of marine or ship’s stores, and whosoever, without such licence, shall be found in possession
of such articles, without being able to give a satisfactory account as to how he came by th e articles so found, shall, on conviction,
be liable to a fine (multa) and to the forfeiture of the said articles.
Misappropriation.
Amended by:
IV. 1874.3;
VIII. 1909.28;
XLIX. 1981.4;
III. 2002.55.
Sub-title III
OF FRAUD
Provided that no criminal proceedings shall be instituted for such offence, except on the complaint of the injured party.
Aggravating circumstances. Amended by: VIII. I909.29; XLIX. 1981.4; III. 2002.56.
Fraud relating to insurance. Amended by: VIII. 1857.9;
IV. 1874.4; VIII. 1909.30;
XLIX. 1981.4; III. 2002.57.
Barratry. Amended by: IV. 1874.5; XLIX. 1981.4; III. 2002.58.
294. Nevertheless, where the offence referred to in the last preceding article is committed on things entrusted or delivered to t h e o f fender by reaso n o f his p r o f ession , trade, bu si ness, management, office or service or in consequence of a necessary deposit, criminal proceedings shall be instituted ex officio and the punishment shall be of imprisonment for a term from seven months to two years.
296. (1) Any master, padrone or boatman or any person entrusted with the command, use or custody of any lighter, boat, skiff, caique or other vessel, even
if intended to navigate once only within the limits of Malta, who, for purposes of gain -
(a) abandons or damages the vessel or causes the vessel to sink;
(b) steals or damages any goods or other things which are
on the vessel;
(c) falsely represents the loss of or damage to the vessel, goods or other things;
(d) sells or otherwise disposes of the vessel against the will and to the prejudice of the owner,
shall, on conviction, be liable to imprisonment for a term from five months to two years.
(2) The said punishment shall also be applied where the offender is a part-owner of the vessel, goods or things.
any writin g or clause, shall, on convicti on, be liable to imprisonment for a term from nine months to three years.
(a) forges or alters, without the consent of the owner, the name, mark or any other distinctive device of any intellectual
work or any industrial product, or knowingly makes use of any such name, mark or device forged or altered,
without the consent of the owner, even though by others;
(b) forges or alters, without the consent of the owner, any design or model of manufacture, or knowingly makes use of any such
design or model forged or altered, without the consent of the owner, even though by others;
(c) knowingly makes use of any mark, device, signboard or emblem bearing an indication calculated to deceive a purchaser as to the
nature of the goods, or sells any goods with any such mark, device or emblem;
(d) puts on the market any goods in respect of which a distinctive trade mark has been registered, after removing the
trade mark without the consent of the owner thereof;
(e) applies a false trade description to any goods, that is to say, applies to goods any forged or altered figure, word or mark which
according to the custom of the trade is taken to indicate -
(i) the number, quantity, measure, gauge or weight of the goods,
(ii) the place or country in which the goods are made or produced,
(iii) the mode of manufacturing or producing the goods,
(iv) that the goods are the subject of an existing patent, privilege or industrial copyright;
Fraudulent breach of trust in respect of papers signed in blank or otherwise. Amended by:
XLIX. 1981.4; III. 2002.59.
Commercial or industrial fraud. Amended by:
XI. 1899.106; XLIX. 1981.4.
or imports for any purpose of trade, any goods bearing a fraudulent imitation of any mark, device or emblem;
(g) knowingly makes, keeps or transfers to any person, any die, block, machine or other instrument for the purpose of forging,
or of being used for forging, a trade mark,
shall, on conviction, be liable to imprisonment for a term from four months to one year.
(2) For the purposes of subarticle (1)(e), any figure, word or mark which, according to the custom of the trade, is commonly taken to indicate any of the matters therein
referred to, shall be deemed to be a trade description thereof.
Fraudulent access to tele- communications systems.
Added by: XII.1991.41. Amended by:
L.N. 407 of 2007.
(a) where the offence is committed for gain or by way of trade, to imprisonment for a term not exceeding one year or to a fine (multa) of not more than four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75) or to both such fine and
imprisonment; and
(b) in all other cases, to a fine (multa) of not more than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).
Violation of copyright. Added by: XII.1991.41. Amended by: XIX.1992.2;
L.N. 407 of 2007.
298B. (1) Whosoever, for gain, or by way of trade prints, m anu fact ures, d upl icat es or ot herwise reprod uces o r copi es,
or sells, distributes or otherwise offers for sale or distribution, any article or other thing in violation of the rights of copyright
enjoyed by any other person and protected by or under Maltese law, shall, on conviction, be liable to imprisonment for a term not
exceeding one year or to a fine (multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to both such fine and imprisonment.
(2) Proceedings under this article may not be taken except on the complaint of the injured party.
Usury. Added by: III. 2002.60.
Amended by:
L.N. 407 of 2007.
298C. (1) Whosoever receives from another person or obtains from another person a promise to give, to himself or to others, in consideration
of a loan, interests or any other gain under any form whatsoeve r in exce s s of what is allowed by law sha ll, on conviction, be
liable to imprisonment for a term not exceeding eighteen months and to the payment of a fine (multa) from two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) to thirty-four thousand and nine hundred
and forty euro and sixty cents (34,940.60).
(2) The same punishment laid down in subarticle (1) shall apply to whosoever receives from another person or obtains from
another person a promise to give, to himself or to o t hers, in consideration of a service consisting in any other benefit of any
kin d, i nt ere st s o r any ot her g ain u nde r any fo rm wha tsoev er in excess o f what is allowed by law or ot herwise
grossly disproportionate to the service given.
(3) The same punishment laid down in subarticle (1) shall also apply to whosoever, not being an accomplice in the offence in the
same subarticle, intervenes to procure for another person a sum of money or any other benefit by having a person give or promise
to giv e , t o hi msel f or t o ot hers, in respe c t of t h e in terven ti on, a grossly disproportionate compensation.
(4) For the purposes of subarticles (1), (2) and (3), in the de term i n a t i o n o f w h et h e r t h e in t e rest
s are, or an y ga in or compensation is, grossly disproportionate account shall be had of all the circumstances of the fact and of
the average rates usually applicable to operations similar to the one in question.
(5) Where, in the course of criminal proceedings for an offence under this article, it is proved before the court that the accused
has recei ved from another person an amount of interest, or a consideration of an amount, in excess of what is allowed by law or
otherwise grossly disproportionate to the service given, the court shall order the accused to pay to the said other person such amount
as may be determined by the court as being the excess received by the a ccused as aforesa i d. The sa id o r der of th e cou r t
shal l b e without prejudice to any right of such other person to recover by any other means any greater amount due to him and the
order shall consti tute an executi v e titl e enfo r c eabl e as if i t were a final judg em ent given in a civil action betw een
the offender an d th e person to whom payment is ordered.
(6) The punishment for an offence under this article shall be decreased by one de gree where the a ccus e d, before final j udgemen
t , reimbur ses ex cess amou nt receiv ed by h im to the person from whom such amount was received.
298D. Any person who, without the prior approval in writing of the Commissioner of Police, in any manner whatsoever, tampers, removes, alters
or makes a chassis or engine identification number of, or on, any m o tor vehicle shall, on conviction be liable to imprisonment
for a term not exceeding one year or to a fine (multa) of not less than six hundred and ninety-eight euro and eighty-one cents (698.81)and not more than two thousand and three hundred
and twenty-nine euro and thirty-seven cents (2,329.37) or to both such imprisonment and fine.
Tampering, removal, etc., of chassis or engine number.
Added by: III. 2002.61. Amended by:
L.N. 407 of 2007.
299. In the cases referred to in article 298(1)(a), (b), (c) and (d), criminal intent shall be presumed, unless the accused proves that he has acted without such intent.
300. In the cases referred to in the last part of article 298(1)(a) and in (b) and (d), the burden of proof of the consent of the owner shall lie on the accused.
Presumption of malice.
Added by:
XI.1899.106.
Amended by:
XII. 1991.41.
Burden of proof.
Added by:
XI. 1899.106.
Added by:
XI. 1899.106.
How presumption of malice may be rebutted in certain cases.
Added by:
XI. 1899.106.
prevent such trade description being a false trade description within the meaning of the said paragraph.
302. In the cases referred to in article 298(1)(f), criminal intent shall be presumed, unless the accused proves -
(a) that, having taken all necessary precaution against committing the offence referred to in the said paragraph,
he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the mark or sign; and
(b) that, on demand made by any member of the Police, he gave all the information in his power with respect to the persons from
whom he obtained the goods in question; and
(c) that otherwise he had acted innocently.
Exemption from punishment. Added by: XI.1899.106.
303. In the cases referred to in article 298(1)(g), no punishment shall be awarded if the accused proves -
(a) that, in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines
or other instruments for making or being used in making trade marks, or, as the case may be, to apply marks, devices or emblems
to goods; and
(b) that, in the case which is the subject of the charge, he was so employed by some person resident in Malta, and was not in any
manner whatsoever interested in the goods by way of profit dependent on the sale of the goods to which any such mark, device
or emblem might have been applied.
Cases in which a trade mark, device or description is deemed to have been applied. Added by:
XI. 1899.106.
(a) actually applies it to the goods themselves; or
(b) applies it to any covering, label, reel or other thing in or with which the goods are sold or exposed or had in possession for
any purpose of sale, trade or manufacture; or
(c) places, encloses or annexes any goods which are sold or exposed or had in possession for any purpose of sale, in, with or to
any covering, label, reel or other thing, in respect of which a trade mark has been registered or to which a trade
description has been applied; or
(d) uses a trade mark, device or trade description in any manner calculated to lead to the belief that the goods in connection with
which it is used are truly designated by that trade mark, device or trade description.
306. For the purposes of article 298(1)(d), where a watch case h a s thereon any word s or m a rks which con s tit ute, or are b y comm on repute considered as constituting a description of the country in which the watch was made, and the watch bears no such description on any of its parts, those words or marks shall, until the contrary is proved, be deemed to be a description of that country.
309. Whosoever shall make, to the prejudice of any other person, any other fraudulent gain not specified in the preceding articles of this sub- title, shall, on con v ict i on, be li able to i m prison ment for a ter m from o n e to si x mon t hs o r to a fine (multa).
(a) when the amount of the damage caused by the offender exceeds two thousand and three hundred and twenty-nine euro and thirty-seven
cents (2,329.37) the punishment shall be that of imprisonment from thirteen months to seven years;
(b) when the amount of the damage caused by the offender exceeds two hundred and thirty-two euro and ninety-four cents (232.94) but
does not exceed two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37), the punishment
shall be that of imprisonment from five months to three years:
Provided that if the punishment laid down for the relevant offence in the preceding articles of this sub- title is higher than the
punishment laid down in this paragraph the former punishment shall apply increased by one degree and in the case of the offence
under article 294 the punishment so increased shall not be awarded in its minimum;
(c) when the amount of the damage caused by the offender does not exceed twenty-three euro and twenty-nine cents
Definition of "covering" and "label".
Added by:
XI. 1899.106.
Words or marks on watch cases.
Added by:
XI. 1899.106.
Use of false weights or measures. Added by: XI.1900.43. Amended by: XLIX. 1981.4.
Obtaining money or property by false pretences.
Amended by: XLIX. 1981.4; III. 2002.62.
Other cases of fraudulent gain. Amended by: XLIX. 1981.4; III. 2002.63.
Scale of punishment according to the amount of the damage. Amended by:
VI. 1871.23; IV.1874.6;
XI. 1900.44; I.1903.16; III. 1971.11;
XLIX. 1981.4: XIII. 1983.5; III. 2002.64;
L.N. 407 of 2007.
Corporate liability for offences under this sub-title. Added by:
III. 2002.65. Amended by:
XXXI. 2007.15.
Jurisdiction. Added by: III. 2002.65.
(23.29), the offender shall be liable to imprisonment for a term not exceeding three months;
(d) when the amount of the damage caused by the offender does not exceed eleven euro and sixty-five cents (11.65), the offender shall
be liable to imprisonment for a term not exceeding twenty days or to a fine (multa) or to the punishments established for contraventions.
(2) The provisions of subarticle (1)(c) and (d) shall not apply in the case of any of the crimes referred to in articles 296 and 298.
(a) when the offence took place, even if only in part, in Malta or on the sea in any place within the territorial jurisdiction of
Malta; or
(b) when the gain to the prejudice of another person has been received in Malta; or
(c) when a person in Malta knowingly assisted or induced another person to commit the offence; or
(d) when the offender is a Maltese citizen or a permanent resident in Malta and the fact also constitutes an offence according
to the laws of the country where it took place:
Provided that for the purposes of this paragraph "permanent resident" shall have the same meaning assigned to it by
article 5(1)(d).
Added by: VII. 2010.20.
Disability in case of offences against minors.
Added by: VII. 2010.20.
GENERAL PROVISION APPLICABLE TO OFFENCES UNDER SUB-TITLES I, II and III
Sub-title IV
OF CRIMES AGAINST PUBLIC SAFETY, AND OF INJURY TO PROPERTY
Amended by: XVI.1901.2.
311. Any person who maliciously causes, by an explosive substance, an explosion of a nature likely to endanger the life or to cause serious injury to the property of any other person, shall be liable, on conv iction, to impr isonm en t for a term fr om three to fourteen years, even though no injury to such person or property has been actually caused.
(2) If as a result of the offence referred to in the last preceding article, a grievous bodily harm is caused to any person, the
offender shall be liabl e to imprisonm ent for a term from four to twenty years.
(3) If as a result of the offence referred to in the last preceding article, any serious spoil, damage or injury to or upon any
movable or im m ova ble prope rt y b e lo ngi ng to any p e rso n i s caused , th e p unishment therein menti oned sh all not be
awarded in its minimum.
Causing explosion likely to endanger life or property. Added by: XVI.1901.3. Amended by: XLIX.1981.4; XIV.1983.6.
Where death or grievous bodily harm is caused by the explosion. Added by: XVI.1901.3. Amended by: XXI.1971.21; XLIX. 1981.4; XIV.1983.7.
the Probatio n Act and of art i cle 21 o f thi s Co de shall not be applicable.
(2) If as a result of the offence referred to in subarticle (1) any person shall p erish, or a g rievous bodily h arm is cau sed to any person, or any seriou s spoil, damage or inj u ry to or upo n any movable or immovable property belonging to any person is caused, the offender shall be liable to the punishments laid down in article
Unlawful making or possession of explosives.
Added by: XVI. 1901.3.
Amended by: XLIX. 1981.9. Substituted by:
XIV. 1983.8. Amended by: III. 2002.66.
Cap. 446.
Definition of "explosive substance". Added by: XVI. 1901.3.
Discharge, etc., of lethal device. Added by:
III. 2002.67. Amended by:
VII. 2010.21.
312 as the case may be.
(3) Where the offence takes place in, or is directed at, a public place, a state or government facility, an infrastructural facility
or a public transportation system the punishment for the offence shall be increased by one degree.
(4) In this article:
"lethal device" includes any radioactive dispersal or radiation- emitting device, and any other thing, that is designed,
or has the cap a bi li ty, to cau se death , ser i o u s bo di ly in ju ry o r su bst a nt ial material damage through the release,
dissemination or impact of toxic chemicals, biological agents or toxins or similar substances or radiatio n or radi oactive materi
al or owi ng to its radiol ogical properties;
"state or go ver n men t facili ty " i n cl ud es any p e r m anen t or temporary facility or conveyance t h at is used
or occupied by representatives of a State, members of Government, the legislature or the judiciary or by officials or employees of
a State or any other public authority or entity or by employees or of ficials of an intergovernmental organization in connection
with their official duties;
"infrastructure facility" means any publicly or privately owned facility providing or distributing ser vices f or the benefit
of the public, such as water, sewage, energy, fuel or communications;
"public transportation system" means all facilities, conveyances and instrumentalities, whether publicly or privately owned,
that are used in or for publicly available services for the transportation of persons or cargo.
Possession, use, etc., of nuclear material.
Added by: III. 2002.67.
(2) The provision of article 314A(2) shall apply to an offence under this article.
(3) The provisions of article 313 shall apply to whosoever keeps or is in possession of or has under his control any nuclear
material under the same circumstances mentioned in that article.
(4) In this article:
"nuclear material" means plutonium except that with isotopic concentration exceeding 80% in plutonium-238; uranium enriched
in the isotopes 235 and 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or
ore- residue; any material containing one or more of the foregoing;
"uranium enriched in the isotope 235 or 233" means uranium containing the isotopes 235 or 233 or both in an amount such
that the abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ra tio of th e i s ot op e 23 5 to th
e i s ot o p e 23 8
occurring in nature.
(2) For the purpose of this article:
"lethal device" shall have the same meaning assigned to it by article 314A(4) and "lethal device" and "nuclear
material" shall include their delivery systems, materials, equipment or technology, of whatever nature or type, that are related
to and destined for use in the de ve lo pm ent, production, utilization or delivery of such lethal devices or nuclear material;
and
"proliferation" means the transportation of nuclear, chemical, bi ological or radiological weapons, their deli very systems
and related materials to or from states or entities engaged in efforts to develop, acquire, or traf fick in, such weapon s, systems
or materials.
Possession of lethal devices for unlawful object or for purpose of proliferation. Added by:
XXIV. 2007.6.
(a) with the intent to cause death or serious bodily injury;
or
(b) with the intent to cause serious damage to property or to the environment; or
(c) with the intent to compel a natural or legal person, an international organization or a State to do or refrain from doing an
act,
shall on conviction be liable to imprisonment for a term from eight to thirty years even though no injury to any person, property
or the environment has actually been caused and even if no natural or legal person or any international organization or any State
has been compelled as aforesaid.
(2) If as a result of the offence referred to in the last preceding article, a grievous bodily harm is caused to any person, the offender shall be liabl e to imprisonm ent for a term from four to twenty years:
Use of radioactive material, lethal device or nuclear facility with intent to cause death etc. Added by:
VII. 2010.22.
Where death or grievous bodily harm etc. is caused by use of radioactive
material or lethal device.
Added by: VII. 2010.22.
Provided that if a grievous bodily harm is caused to two or more persons the punishment laid down in the last preceding article shall
apply and shall not be awarded in its minimum.
(3) If as a result of the offence referred to in the last preceding article -
(a) any serious spoil, damage or injury to or upon any
movable or immovable property belonging to any person or to or upon the environment is caused;
(b) a natural or legal person or an international organization or a State is compelled to do or to refrain from
doing an act;
the punishment therein mentioned shall not be awarded in its minimum.
(4) Where the offence takes place in, or is directed at, a public place, a state or government facility, an infrastructural facility
or a public transportation system the punishment for the offence shall be increased by one degree.
Unlawful possession of radioactive
material or making or possession of a
lethal device. Added by: VII. 2010.22.
(a) with the intent to cause death or serious bodily injury;
or
(b) with the intent to cause serious damage to property or to the environment,
shall be liable to the punishment laid down in article 313 increased by one or two degrees.
(2) Whosoever -
(a) threatens, under circumstances which indicate the credibility of the threat, to commit the offence under subarticle (1);
or
(b) by the use of threats, under the same circumstances aforesaid, or by the use of force, unlawfully and knowingly demands
radioactive material, a lethal device or a nuclear facility
shall be liable to the punishment laid down in article 313 increased by one or two degrees.
(3) Whosoever -
(a) organizes or directs others to commit an offence under subarticles (1) to (3), both inclusive; or
(b) in any other way knowingly contributes to the commission of one or more of the offences under subarticles
(1) to (3), both inclusive, by a group of persons acting with a common purpose when such contribution is made with the
aim of furthering the general criminal activity or purpose of the group or in the knowledge of the intention of the group to commit
the offence or offences concerned,
shall be liable to the punishment laid down for the offence under subarticles (1) to (3), both inclusive, as the case may be, provided
that where that offence has only been attempted but not completed the punishment shall be that laid down for the attempted offence.
(4) In this article and in articles 314CA and 314CB:
"lethal device" has the same meaning assigned to it by article
314A(4) of and includes a nuclear explosive device; "nuclear facility" means:
(a) any nuclear reactor, including reactors installed on vessels, vehicles, aircraft or space objects for use as an energy source
in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;
(b) any plant or conveyance being used for the production, storage, processing or transport of radioactive material;
"nuclear material" shall have the same meaning assigned to it by article 314B(4);
"radioactive material" m e ans nuclear m a terial and other radioactive sub s tances which contain nuclides w h ich underg
o spontaneous disintegration (a process accompanied by emission of one o r more t ypes o f i oni zing radi atio n, such as alph
a-, bet a -, neutron particles and gamma rays) and which may, owing to their radiological or fissile properties, cause death, serious
bodily injury or substantial damage to property or to the environment;
"public transportation system" "state or government facility", and "infrastructure facility" shall have
the same meaning assigned to them respectively by article 314A(4).
(a) the offender is a Maltese national or permanent resident in Malta; or
(b) the offence is committed against a Maltese national or permanent resident in Malta; or
(c) the offence is committed in an attempt to compel
Malta to do or to abstain from doing an act; or
(d) the offence is committed on board an aircraft which is operated by the Government of Malta; or
(e) the offence is committed against Malta or a government facility of Malta abroad, including an embassy or
other diplomatic or consular premises of Malta.
Jurisdiction. Added by: VII. 2010.22.
Co-operation in the suppression of relevant offences at sea.
Added by: XXIV. 2007.6. Amended by: VII. 2010.23.
agreed by Malta with that State or as may be agreed between the requesting authority and the commander of the Armed Forces of Malta
with the concurrence of the Prime Minister.
(2) Where the authorisation has been given by the commander of the Armed Forces of Malta as aforesaid the competent authorities referred
to in subarticle (1), subject to the conditions as may have been agreed upon as provided in the same sub-article, shall be a uthorised
to take the a ppropriate measures and to e xerc ise on board the vessel in regard to which appropriate measures have been authorised
under this article all such powers of arrest, entry, search and seizure as are vested in the executive police of Malta.
(3) For the purpose of this article:
"relevant offence" means any offence consisting in any act or omission which if committed in these islands, or in corresponding
circumstances, would constitute any of the offences in articles 313,
314B, 314C, 314CA and 314CC;
"relevant vessel" means a vessel used for commercial or private purposes flying or entitled to fly the flag of Malta or
registered in Malta and exercising freedom of navigation in accordance with international law.
Setting on fire of arsenals, etc. Amended by: XXI.1971.22; XLIX.1981.4.
Arson endangering life.
Amended by: XXI.1971:23;
XLIX.1981.4.
Provided that if no person shall perish, the offender shall be liable -
(a) if he could have foreseen that any person was actually in the place, to imprisonment for a term from nine to twelve years;
(b) otherwise, to imprisonment for a term from five to nine years.
Arson to the common danger. Amended by: XXI. 1971.24; XLIX. 1981.4.
(a) where the fire had actually communicated, to the punishment of imprisonment for life:
Provided that if no person shall perish, the offender shall be liable -
(i) if he could have foreseen that any person was actually in the building, shed or place to which the fire had communicated,
to imprisonment for a term from five to nine years;
(ii) otherwise, to imprisonment for a term from three to six years;
(b) where the fire had not communicated to any other building, shed or place, to imprisonment for a term from three to five
years.
320. For the purposes of punishment, the destruction of any such matter or thing as in the last five preceding articles mentioned, b y th e sp ringi ng o f a mine, shall b e deemed to co nstitu te the offence therein mentioned.
(2) Where an accident has occurred, the offender shall, on conviction, be liable -
(a) if the damage is to a ship, vessel or boat or to the gear or appurtenances thereof or to the cargo or to any other thing which
is on board, to imprisonment for a term from five to nine years, if the amount of the damage exceeds one hundred and sixteen euro
and forty-seven cents (116.47), or, to imprisonment for a term from four to six years, if the amount of the damage does not exceed
one hundred and sixteen euro and forty-seven cents (116.47);
(b) if, with or without any damage as aforesaid, any individual suffers a grievous bodily harm with any of the effects mentioned
in article 218, to imprisonment for a term from five to twenty years, or, if the bodily
Arson without danger of life. Amended by: XLIX. 1981.4.
Arson of vineyards, etc. Amended by: XLIX. 1981.4.
Destruction by the springing of a mine.
Exhibition of false lights, etc., with danger to navigation. Amended by:
IV. 1874.7; XI. 1900.45;
III. 1971.12; XXI. 1971.25;
XLIX. 1981.4; XIII. 1983.5;
L.N. 407 of 2007.
harm is grievous but without the effects mentioned in the said article, to imprisonment for a term from four to twelve years, or,
if the bodily harm is slight, to imprisonment for a term from two to six years;
(c) if any person shall perish, to the punishment of imprisonment for life.
Cutting away chains, etc. Amended by: IV. 1874.7.
(2) Whosoever shall cut away, unfasten or otherwise remove an y ch ain, cab l e o r o t her ro pe by w h i c h any shi p or vessel is moored, anchored or otherwise fastened, or any rope by which the buoy of a ship’s anchor is fastened, shall, on conviction, be liable to the punishment laid down in subarticle (1).
Aggravating circumstances. Amended by: IV. 1874.7.
Setting on fire of one’s own property. Amended by:
IV. 1874.7.
Spoil, damage or injury in general. Amended by:
IX. 1859.20; V. 1868.19; VI. 1871.24;
XI.1900.47; V. 1956.17; III. 1971.13;
XLIX. 1981.4; XIII. 1983.5;
XIV. 1983.9; III. 2002.68;
L.N. 407 of 2007.
(a) if the amount of the damage exceeds one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), to
imprisonment for a term from thirteen months to four years;
(b) if the amount of the damage does not exceed one thousand and one hundred and sixty-four euro and sixty- nine cents
(1,164.69) but exceeds one hundred and sixteen euro and forty-seven cents (116.47), to imprisonment for a term
from five months to one year;
(c) if the amount of the damage does not exceed one hundred and sixteen euro and forty-seven cents (116.47) but exceeds twenty-three
euro and twenty-nine cents (23.29), to imprisonment for a term not exceeding six months;
(d) if the amount of the damage does not exceed twenty-three
euro and twenty-nine cents (23.29), to imprisonment for a term not exceeding three months or to the punishments established
for contraventions:
Provided that if the crime be excusable by reason of an unjust provocation, the offender shall, in the cases referred to in paragraphs
(a), (b) and (c), be liable to imprisonment for a term not exceeding two-thirds of the period therein mentioned; and in the case referred to in paragraph
(d), to the punishments established for contraventions.
In considering the excuse, regard shall be had to the rule laid down in article 235:
Provided further that in the cases referred to in paragraphs (c) and (d), except where the damage is caused to public property proceedings may be instituted only on the complaint of the injured party:
Provided further that in the case of damage to public property, the punishment shall be increased by one or two degrees,
and the offender shall be ordered to pay by way of fine (multa) the amount of the damage caused.
(2) Where because of the geological, palaeontological, archeological, arch itechtonic, art i stic or historical
nature or importance of the property spoiled, damaged or injured it is not possible to estimate the damage according to the rule
laid down, in article 335, the damage shall be deemed to exceed one thousand and one hundred and sixty-four euro and sixty-nine cents
(1,164.69).
(2) For the purposes of this article "relevant offence" means any of the offences under articles 311, 312, 314A, 316, 317 to 320, both inclusive, and 325.
Increase of punishment in certain cases. Added by: XVI. 2006.6.
(a) break or block the pipes or conduits of any public aqueduct, or in any other manner impede or divert the course of the
waters or otherwise damage any part of such aqueduct;
(b) break any public cistern, well or aqueduct, or foul the water thereof;
(c) damage any electric machinery or cable, or cause the loss of electric current;
(d) damage any conduit or part of the public sewer;
(e) cut, break, throw down, destroy, damage or remove any battery, machinery, wire, cable, post or other matter, or
thing whatsoever, being part of or being used or employed in or about any electric or magnetic
Damage to water pipes, etc. Amended by: XVI.1901.4; I.1904.51;
L.N. 4 of 1963; XXVII.1975.21;
XII. 1991.41; XXII. 2005.4.
telegraph, with or without wires, or in the working thereof, or do anything which prevents or obstructs in any manner whatsoever
the conveyance of any message;
(f) damages or breaks any part of any energy meter, or the seals thereof, or any part of any apparatus or cables used for the supply
of electricity, or the seals thereof;
(g) cut, break, throw down, destroy, damage, remove, tamper or connect with, any part of any apparatus, duct, pole,
cabinet, wire, cable or other matter or thing whatsoever, being part of or being used or employed in the cable television network
or in the working thereof or for the supply of the cable television service,
Unlawful entry into subways used for public service. Amended by:
XVI. 1901.4.
shall, saving any higher punishment to which he may be subject under the last preceding article, be liable, on conviction,
to imprisonment for a term not exceeding two years:
Provided that no proceedings shall be instituted in respect of any off e nce un der paragraphs (c ), (e) and (f ) except on the complaint of the injured party.
(2) Whosoever shall, even without any malicious intent, -
(a) touch any telegraph wire or place or throw anything upon any battery, machinery, wire, cable or other matter or thing
mentioned in subarticle (1)(e), or do anything in proximity to such telegraph wire in such manner as might damage such wire, or prevent or obstruct the
conveyance or delivery of any message; or
(b) fish in any place in which the Minister responsible for electricity, with a view to preventing damage to any submarine telegraph
cable, shall have declared fishing to be absolutely prohibited, or fish with any net or other implement, the use of which
shall have been for the same purpose prohibited by the Minister responsible for electricity; or
(c) do anything described in subarticle (1)(g),
shall, on conviction, be liable to the punishments established for contraventions.
(a) to imprisonment for a term from one to three months, where the circumstances show that the object of the offender was to damage
the cables or conduits above mentioned;
(b) to imprisonment for a term not exceeding one month, in any other case.
(a) if the death of any person is caused thereby, to the punishments established in article 225;
(b) if any grievous bodily harm with any of the effects mentioned in article 218 is caused thereby, to imprisonment
for a term not exceeding six months or to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37);
(c) if any grievous bodily harm without any of the effects aforesaid is caused thereby, to imprisonment for a term not exceeding
three months or to a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69);
(d) in any other case, to imprisonment for a term not exceeding three months or to a fine (multa) or to the punishments established for contraventions:
Provided that in the cases referred to in paragraph (d), except where damage is caused to public property, other than a motor vehicle, proceedings may be instituted only on the complaint
of the injured party.
Involuntary fire or damage.
Amended by:
IV. 1856.17;
XI. 1900.48;
V. 1956.18;
XIII. 1980.11;
XIII. 1983.5;
L.N. 407 of 2007;
VII. 2010.24.
Sub-title IV A*
OF ACTS OF TERRORISM, FUNDING OF TERRORISM AND ANCILLARY OFFENCES
Added by: VI. 2005.2.
(a) seriously intimidating a population, or
(b) unduly compelling a Government or international organization to perform or abstain from performing any act, or
(c) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or
an international organization.
(2) The acts to which reference is made in subarticle (1) are the following:
(a) taking away of the life or liberty of a person;
(b) endangering the life of a person by bodily harm;
Acts of terrorism.
Added by:
VI. 2005.2.
*originally, as enacted by Act VI of 2005, this sub-title was numbered Sub-title V.
(c) bodily harm;
(d) causing extensive destruction to a state or government facility, a public transportation system, an infrastructure
facility, including an information system, a fixed platform located on the continental shelf, a public place
or private property likely to endanger the life or to cause serious injury to the property of any other person
or to result in serious economic loss;
(e) seizure of aircraft, ships or other means of public or goods transport;
(f) manufacture, possession, acquisition, transport, supply or use of weapons, explosives or of nuclear, biological or chemical weapons;
(g) research into or development of biological and chemical weapons;
(h) release of dangerous substances, or causing fires, floods or explosions endangering the life of any person;
(i) interfering with or disrupting the supply of water, power or any other fundamental natural resource endangering
the life of any person;
(j) threatening to commit any of the acts in paragraphs (a)
to (i):
Provided that in this subarticle "state or government facil ity", "infrastructure fac ility" and "p
ublic transportation system" shall have the same meaning assigned to them in article
314A(4).
(3) Whosoever commits an act of terrorism shall be guilty of an offence and shall be liable on conviction to the punishment of
imprisonment from five years to life.
Terrorist groups.
Added by:
VI. 2005.2.
(2) In sub-article (1) "structured group" means a group that is not randomly formed for the immediate commission of an
offence an d th at doe s no t need t o hav e form all y d e fin e d ro les fo r it s members, continuity of its membership or a developed
structure.
(3) Whosoever promotes, constitutes, organises, directs, finances, supplies information or materials to, a terrorist
group kn owing that such p articipat ion or inv olvemen t will contr ibute towards the criminal activities of the terrorist group
shall be liable -
(a) where the said participation or involvement consists in directing the terrorist group, to the punishment of imprisonment
not exceeding thirty years:
Provided that where the activity of the terrorist group consists only of the acts mentioned in article
328A(2)(j) the punishment shall be that of imprisonment for a period not exceeding eight years;
(b) in any other case, to the punishment of imprisonment not exceeding eight years.
328C. (1) Whosoever, with the intention of committing any of the acts listed in article 328A(2)(a) to (i) or in article 328B -
(a) commits an offence of theft aggravated as provided in article 261; or
(b) commits the offence in article 113 or 250; or
(c) commits an offence of forgery or the offence in article
188,
shall be liable to the same punishment laid down in article 328A(3). (2) Whosoever, knowingly -
(a) publicly provokes the commission of an act of terrorism;
(b) recruits or solicits another person to commit an act of terrorism;
(c) trains or instructs another person in the making or use of explosives, firearms or other weapons or noxious or hazardous substances,
or in other specific methods or techniques, for the purpose of committing an act of terrorism,
shall be liable to the same punishment laid down in article 328A(3). (3) Whosoever contributes to the commission of an offence
mentioned in article sub-article (2) by a group of persons acting
with a common design, knowing that the contribution will further the group’s criminal activity or criminal purpose to commit any
such offence, shall be liable to the same punishment laid down in
article 328B(3)(b).
(4) For the commission of an offence under this article it shall not be necessary that an act of terrorism be actually committed.
Offences linked to terrorist acts. Added by:
VI. 2005.2. Amended by:
XI. 2009.6.
(a) money or other property which is likely to be used for the purposes of terrorism, including any resources of a terrorist group,
(b) proceeds of the commission of acts of terrorism, and
(c) proceeds of acts carried out for the purposes of terrorism.
(2) In sub-article (1) -
(a) a reference to proceeds of an act includes a reference
Inciting, aiding or abetting.
Added by: VI. 2005.2.
Terrorist property.
Added by:
VI. 2005.2.
to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other
rewards in connection with its commission), and
(b) the reference to a group’s resources includes a reference to any money or other property which is applied
or made available, or is to be applied or made available, for use by the group.
Funding of terrorism. Added by: VI. 2005.2.
Amended by:
L.N. 407 of 2007.
Co de or o f an y ot her law, b e liab l e t o th e pu nishm e nt of imprison m en t for a term not exceedi ng f our y e ars
or t o a fin e
(multa) not exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) or to b oth such f ine and imprisonment.
(2) In this article a reference to the provision of money or other property is a reference to its being given, lent or otherwise
made available, whether for consideration or not.
Use and possession. Added by: VI. 2005.2.
(2) Whosoever is in possession of money or other property intending it to be used, or having reasonable cause to suspect that it may be used, for the purposes of terrorism shall, on conviction, be liable to the punishment laid down in article 328F(1).
Funding arrangements. Added by:
VI. 2005.2.
Facilitating retention or control of terrorist property.
Added by: VI. 2005.2.
(a) enters into or becomes concerned in an arrangement as a result of which money or other property is made available or
is to be made available to another, and
(b) knows or has reasonable cause to suspect that the money or other property will or may be used for the purposes of terrorism,
shall on conviction be liable to the punishment laid down in article
328F(1).
(a) by concealment,
(b) by removal from the jurisdiction, (c) by transfer to nominees, or
(d) in any other way,
shal l, o n conv ictio n, be l i able to th e p uni sh men t l a i d do wn in article 328F(1).
(2) It is a defence for a person charged with an offence under subarticle (1) to prove that he did not know and had no reasonable
cause to suspect that the arrangement related to terrorist property.
328J. (1) The provisions of article 121D shall apply where a person is found guilty of an offence under this subtitle sohowever t h at
th e bod y corpo r ate shall for such offence b e liable to the punishment of a fine (multa) of not less than eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87) and not more than two million
and three hundred and twenty-nine thousand and th ree hu ndred and seven t y-three eu ro an d fo rty cents (2,329,373.40).
(2) The body corporate shall also be held liable for an offence under this sub-title where the lack of supervision or control by
a perso n referred t o i n arti cle 1 21D h a s mad e po ssibl e th e commission of the offence for the benefit of the body corporate,
which shall upon conviction be liable to the punishment laid down in subarticle (1).
Corporate criminal liability.
Added by: VI. 2005.2. Amended by:
L.N. 407 of 2007.
(a) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial
activity;
(b) the temporary or permanent closure of any establishment which may have been used for the commission
of the offence;
(c) the compulsory winding up of the body corporate.
Other penalties.
Added by:
VI. 2005.2.
(2) Where a person is convicted of an offence under articles
328F or 328G the court may order the forfeiture of any money or other property -
(a) which, at the time of the offence, he had in his possession or under his control and,
(b) which, at that time, he intended should be used, or which he knew or had reasonable cause to suspect would or might
be used, for the purposes of terrorism.
(3) Where a person is convicted of an offence under article
328H the court may order the forfeiture of the money or other property -
(a) to which the arrangement in question related, and
(b) which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used, for the purposes
of terrorism.
Forfeiture. Added by: VI. 2005.2.
(4) Where a person is convicted of an offence under article
328I the court may order t h e forfe iture of th e m oney or other property to which the arrangement in question related.
(5) Where a person is convicted of an offence under any of articles 328F to 328I, the court may order the forfeiture of any money
or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection
with the commission of the offence.
(6) Where a person other than the convicted person claims to be the owner of, or otherwise interested in, anything which can be
forfeited by an order under this article, the court shall give him an opportunity to be heard before making an order.
Jurisdiction. Added by: VI. 2005.2.
Cap. 460.
(a) the offence is committed even if only in part in the territory of Malta or on the sea in any place within the territorial jurisdiction
of Malta;
(b) the offender is a Maltese national or permanent resident in Malta;
(c) the offender is a person suspected or convicted of an offence laid down in this sub-title and whose surrender or extradition to
another country for such an offence is refused by Malta even if there is no provision according to the laws of Malta
other than the present provision in virtue of which the criminal action may be prosecuted in Malta against that person;
(d) the offence is committed for the benefit of a legal person established in Malta;
(e) the offence is an offence under article 328B or an offence under article 328D which involves a terrorist group even
if the terrorist group is based or pursues its criminal activities outside Malta;
(f) the offence is committed against the institutions or people of Malta or against an institution of the European
Union or a body set up in accordance with the Treaties and based in Malta:
Provided that for the purposes of this paragraph:
"the European Union" shall have the same meaning assigned to it by article 2(1) of the European Union Act;
"the Treaties" means the Treaty establishing the European Community done at Rome on the 25th March, 1957 and the Treaty
on European Union done at Maastricht on the 7th February, 1992, and the Protocols annexed thereto.
OF PIRACY
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or passengers of
a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any of the acts referred to in paragraph (a) committed by the crew or passengers of a warship, government ship or government aircraft whose crew has mutinied and taken control
of the ship or aircraft;
(c) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship
or aircraft;
(d) any act of inciting or of knowingly facilitating an act described in paragraph (a) or (b) or (c).
(2) For the purposes of this Title, a ship or aircraft is considered a pirate ship or aircraft if it is intended by
the persons in dominant control to be used for the purpose of committing one of the acts referred to in subarticle (1) or if the
ship or aircraft has been used to commit any such act and the ship or aircraft remains under the control of the person guilty of
that act.
(3) Any person guilty of piracy under this article shall be liable:
XI. 2009.7.
Definition of piracy.
Added by: XI. 2009.7.
(a) where the offence consists in any of the acts referred to in subarticle (1)(a) and (b) when accompanied with the loss of life of any person, to the punishment of imprisonment for life;
(b) where the offence consists in any of the acts referred to in (1)(a) and (b) when not accompanied with the loss of life of any person, to the punishment of imprisonment not exceeding thirty
years;
(c) where the offence consists in any act referred to in subarticle (1)(c), to the punishment of imprisonment for a term not exceeding eight years;
(d) where the offence consists in any act referred to in subarticle (1)(d), to the punishment laid down for the act incited or facilitated.
Jurisdiction. Added by: XI. 2009.7.
(a) by any citizen of Malta or permanent resident in
Malta;
(b) by any person while on board any ship, vessel or aircraft belonging to Malta;
(c) by any person against any ship, vessel or aircraft belonging to Malta or against the person or property of any citizen
of Malta or permanent resident in Malta.
(2) For the purposes of this article a ship, vessel or aircraft shall b e deem ed to b el ong to Mal t a in the same circumstances
mentioned in article 5(2).
GENERAL PROVISIONS APPLICABLE TO THIS TITLE
Punishment in respect of offences against property accompanied with offences against
the person.
Unlawful entry into houses, etc. Added by:
IX. 1859.21. Amended by: VI. 1871.25;
XLIX. 1981.4; III. 2002.69.
266, alth ough there is no eviden ce o f any act constituting an
attempt to commit another offence, the offender shall, for the mere entry as aforesaid, on conviction, be liable -
(a) if the circumstances show that the object of the offender was to commit theft or damage to property or any offence against
the person as defined in article
5(1)(d), or if it is proved that the offender was previously convicted of any such offence or of any of
the offences referred to in article 338(i) and (w), to imprisonment for a term from five to eighteen months;
(b) in any other case, to imprisonment for a term not exceeding three months or to a fine (multa).
No criminal action for offences
against the
property of
descendants, etc.
Amended by:
XI. 1900.49;
XX. 2005.16.
Criminal action for offences against
the property of ascendants, etc., to be instituted on
complaint of injured party. Amended by:
XI. 1900.49.
318, no criminal pr oceedings may be instituted except on the complaint of the injured party for offences committed against the
property of any descendant or relative by affinity in the descending l i n e , or o f th e hu sban d o r wi fe, unl ess suc
h o f fenc es be accompanied with homicide, bodily harm or confinement of the
person or with a threat to kill or to inflict bodily harm.
318, no criminal pr oceedings may be instituted except on the
complaint of the injured party for offences committed against the property of any ascendant or relative by affinity in the ascending
line, or of a brother or sister or of any relative by affinity in the
same degree, unless such offences be accompanied with homicide, bodily harm, other than a slight bodily harm of small consequence,
or with confinement of the person.
articles shall not operate in favour of such other persons as may have taken part in the commission of the offence.
(a) if the property has been obtained by theft, to the punishment established for theft, according to the value of
the property;
(b) if the property has been obtained by means of any of the various offences relative to unlawful acquisition and possession
of property, to the punishment established for such unlawful acquisition or possession;
(c) if the property has been obtained by fraud, to the punishment established for the particular fraud by which the
property was obtained:
Provided that the offender shall be exempted from any punish ment in respect o f any of the offences referred to in this
article, if, before any criminal proceedings are instituted against him and within three days after receiving, purchasing, or taking
part in the purchase, sale or disposal as aforesaid, he shall deliver to the competent authority the property received, purchased,
sold or disposed of, and shall make known the perpetrators of the offence:
Provided further that for the purpose of this article such property shall only be deemed to have been stolen, misapplied or obtained
by means of any offence committed abroad if it has been obtained by any act of commission or omission which, if committed in Malta,
would have amounted to any of the offences mentioned in paragraphs (a), (b) and (c).
excepted. Amended by: XI. 1900.49.
Receiving stolen property. Amended by: XI.1900.50; XXIX. 1990. 16.
Exemption from punishment.
334A. Whosoever, on becoming aware that any property in his possession is stolen property or property misapplied or obtained by means of any offence, fails to give notice thereof to the Executive Police within a week of becoming so aware, shall, on conviction, be liable to imprisonment for a term not exceeding three months or to a fine (multa).
Failure to inform about stolen, etc., property.
Added by: III. 2002.70.
to th e am ou nt of t h e dam a ge caused, such amount shall be r e p r esen ted so lely by th e amo u n t o f t h e damage caused t o the
Rule as to estimation of damage.
Estimation of damage caused both to relative and outsider.
Decrease of punishment. Substituted by: III. 2002.71.
property of such other person.
(2) In cases of theft, whether simple or aggravated, as well as any off ence of volun tary damage to property com mitted in the
co urs e of th e ex ec ut ion of th e offe nc e of th eft , th e pre s cr ibe d punishment shall be diminis hed by tw o degrees
if, prio r to his arraignment in court in connection with that theft:
(a) the offender discloses to the competent authority any person who may have received or purchased from him, or who may have taken
part in the sale or disposal of, the stolen property, and
(b) (i) either he delivers to the competent authority all the property stolen by him, making good to the injured party any damage
that may have been caused to the property, or
(ii) where the property has not been recovered, he pays to the injured party the full value of the property so stolen;
and
(c) fully makes good to the injured party any damage, to other moveable or immoveable property, caused by, or in the course of the
execution of, the offence of theft.
(3) The prescribed punishment in the case of the offences mentioned in subarticle (2) may be diminished by one degree if
the offender complies with the provisions of that subarticle after his arraignment in court as aforesaid.
(4) The provisions of subarticles (2) and (3) shall not apply -
(a) in the case of theft aggravated by violence consisting in wilful homicide, attempted homicide, wilful bodily harm or confinement
of the person;
(b) in the case of theft aggravated by violence directed against any of the persons mentioned in article 276A;
(c) in the case of theft in the course of the execution of which a death or bodily harm ensues as provided in article 226A.
(5) The circumstances mentioned in subarticles (1) and (2) shall not be considered as special or exceptional reasons for
the purpose of article 21.
337A. (1) Any person who with the intent to make any gain whatsoever aids, assists, counsels or procures any other person to enter
or to attempt to enter or to leave or attempt to leave or to transit across or to attempt to transit across, Malta in contravention
of the laws thereof or who, in Malta or outside Malta, conspires to that effect with any other person shall, without prejudice to
any other punishment under this Code or under any other law, be liable to the punishment of imprisonment from six months to five
years or to a fine (multa) of twenty-three thousand and two hundred and ninety- three euro and seventy-three cents (23,293.73) or to both such fine and imprisonment
and the provisions of articles 21 and 28A and those of the Probation Act shall not apply:
Provided that where the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid number more than
three the punishme nt shall be increased by one to three degrees:
Provided also that where the offence is committed - (a) as an activity of a criminal organization; or
(b) while endangering the lives of the persons aided,
assisted, counselled, procured or the object of the conspiracy as aforesaid,
th e punishment shall always be in creased by two degrees even when the first proviso does not apply.
(2) Without prejudice to the provisions of article 5, the courts in Malta shall also have jurisdiction over the offence in this
article where -
Traffic in persons to enter or leave Malta illegally. Added by:
III. 2002.72. Amended by:
VI. 2005.3;
L.N. 407 of 2007.
Cap. 446.
(a) the offence is committed even if only in part in the territory of Malta or on the sea in any place within the territorial jurisdiction
of Malta;
(b) the offender is a Maltese national or permanent resident in Malta;
(c) the offence is committed for the benefit of a legal person established in Malta.
337AA.* The provisions of articles 328J and 328K shall apply mutatis mutandis to any offence under Sub-title IV of this title and to the offence in article 337A.
Corporate criminal liability.
Added by: VI. 2005.4.
*originally, as enacted by Act VI of 2005, this article was numbered article 337B.
Sub-title V
Added by: III. 2001.27.
OF COMPUTER MISUSE
Interpretation.
Added by:
III. 2001.27.
Amended by:
VII. 2010.26;
VII. 2010.25.
"computer" means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic
or m a gn eti c i m p u l ses, and in clud es al l inp u t , out pu t, p r o cessing , storage, software and communication facilities
that are connected or related to a computer in a computer system or computer network;
"computer data" means any representation of facts, information or concepts in a form suitable for processing in a computer
system, including a program suitable to cause a computer system to perform a function;
"comp u ter netwo r k" m e ans th e interconnection of communication lines and circuits with a computer through a remote
dev i ce or a co mp l e x co nsi s t i n g of t w o or mo re i n tercon nected computers;
"co m pu ter ou tpu t " o r "o ut pu t" means a statement or a representation of data whether in written,
printed, pictorial, screen display, photographic or other film, graphical, acoustic or other form produced by a computer;
"computer software" or "software" means a computer program, procedure or associated documentation used in the
operation of a computer system;
"computer supplies" means punched cards, paper tape, magnetic tape, disk packs, diskettes, CD-roms, computer output, including
paper and microform and an y storage media, electroni c or otherwise;
"computer system" means a set of related computer equipment, hardware or software;
"function" includes logic, control, arithmetic, deletion, storage, retrieval and communication of data or telecommunication
to, from or within a computer;
"supporting documentation" means any documentation used in the computer s y stem in the construction, cla r ification,
implementation, use or modification of the software or data.
(2) A reference in this Sub-title to software includes a reference to a part of the software.
(3) A reference in this Sub-title to a computer includes a reference to a computer network.
(4) A reference in this Sub-title to data, software or supporting documentation held in a computer or computer system includes
a reference to data, software or supporting documentation being transmitted through a computer network.
(5) For the purposes of this Sub-title, a person uses software if
the function he causes the computer to perform:
(a) causes the software to be executed; or
(b) is itself a function of the software.
(6) A reference in this Sub-title to any software or data held in a computer includes a reference to any software or data held
in any r e mov a bl e st or age medi um w h i c h is fo r th e t i m e b e i n g in t h e computer.
(a) uses a computer or any other device or equipment to access any data, software or supporting documentation held in that computer
or on any other computer, or uses, copies or modifies any such data, software or supporting documentation;
(b) outputs any data, software or supporting documentation from the computer in which it is held, whether
by having it displayed or in any other manner whatsoever;
(c) copies any data, software or supporting documentation to any storage medium other than that in which it is held or to a different
location in the storage medium in which it is held;
(d) prevents or hinders access to any data, software or supporting documentation;
(e) hinders or impairs the functioning or operation of a computer system, software or the integrity or reliability of
any data;
(f) takes possession of or makes use of any data, software or supporting documentation;
(g) installs, moves, alters, damages, deletes, deteriorates, suppresses, destroys, varies or adds to any data, software or
supporting documentation;
(h) discloses a password or any other means of access, access code or other access information to any unauthorised
person;
(i) uses another person’s access code, password, user name, electronic mail address or other means of access or identification
information in a computer;
(j) discloses any data, software or supporting documentation unless this is required in the course of his duties
or by any other law;
(k) intercepts by technical means, non-public transmissions of data, to, from or within a computer system, including
electromagnetic emissions from a computer system carrying such computer data;
(l) produces, sells, procures for use, imports, distributes, possesses or otherwise makes available a device,
Unlawful access to, or use of, information. Added by:
III. 2001.27. Amended by:
VII. 2010.26.
including a computer program, designed or adapted primarily for the purpose of committing any of the acts in paragraphs (a) to (j).
(2) For the purposes of this Sub-title:
(a) a person shall be deemed to act without authorisation if he is not duly authorised by an entitled person;
(b) a person shall be deemed to be an entitled person if the person himself is entitled to control the activities defined
in subarticle (1)(a) to (j) or in article 4(a) and (b) of this Sub-title.
(3) For the purposes of subarticle (1):
(a) a person shall be deemed to have committed an offence irrespective of whether in the case of any modification,
such modification is intended to be permanent or temporary;
(b) the form in which any software or data is output and in particular whether or not it represents a form in which, in the case of
software, it is capable of being executed or, in the case of data, it is capable of being processed by a computer, is immaterial.
(4) For the purposes of subarticle (1)(f), a person who for the fact t h at he has i n h i s custo dy or und er h i s con t ro l an y dat a , computer software or supporting
documentation which he is not authorised to have, shall be deemed to have taken possession of it.
Misuse of hardware. Added by: III. 2001.27.
(a) modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network;
(b) takes possession of, damages or destroys a computer, computer system, computer network, or computer supplies used or intended
to be used in a computer, computer system or computer network or impairs the operation of any of the aforesaid.
Commission of an offence outside Malta.
Added by: III. 2001.27.
Offences and penalties. Added by:
III. 2001.27. Amended by:
L.N. 407 of 2007.
337F. (1) Without prejudice to any other penalty established u nder thi s Su b- titl e, any person who con t rav e nes any of the
provisions of this Sub-title shall be guilty of an offence and shall be liable on convicti on to a fine (multa) not exceeding twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73) or to imprisonment
for a term not exceeding four years, or to both such fine and imprisonment.
(2) Where any such offence constitutes an act which is in any way detri m ental to an y function or activity of Gov ern ment, or
h a mpers, impairs o r interr u p ts in any mann er whatsoever the p r o v i s io n o f an y pu bl ic serv ice o r ut il it y, w
h eth e r or n o t su ch service or utility is provided or operated by any Government entity, the penalty shall be increased to a
fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) and not exceeding one hundred and sixteen thousand
and four hundred and six t y-eig h t euro and sixt y-seven cents (1 16,468.67) o r t o imprisonment for a term from three months
to ten years, or to both such fine and imprisonment:
Provided that where a person is found guilty of an offence against th is subarti c le for a second or sub s eq uent ti me, th e minimum
of the penalty for such an offence shall not be less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
(3) The penalties established under subarticle (2) shall also apply in the case of any offence against any of the provisions
of this Sub-title -
(a) where the offence is committed in any place by an employee to the prejudice of his employer or to the prejudice of a
third party, if his capacity, real or fictitious, as employee, shall have afforded him facilities in the commission
of the offence; and
(b) with the exception of subarticle (2), where the offence committed by a person is the second or subsequent offence against
any of the provisions of this Sub-title.
(4) A person who produces any material or does any other act preparatory to or in furtherance of the commission of any offence
und er thi s Su b-tit le sh all be g ui lty of t hat offence and shall on co nvi cti on be l i ab le t o t h e same pun ish m ent
pr ov ided fo r t h e offence.
(5) Any person who is an accomplice in the commission of an offence against this Sub-title or who in any way aids or abets such
commission shall be liable to the same penalties contemplated for such an offence.
(6) It shall not be necessary for the prosecution to negative by evidence any authorisation required under this Sub-title and the
burden of proving any such authorisation shall lie with the person alleging such authorisation:
Provided that this burden shall not be considered to have been discharged with the mere uncorroborated testimony of the person charged.
(a) the manner in which the Police may search computers, computer systems or computer supplies and seize data or software stored therein;
Search and seizure.
Added by:
III. 2001.27.
(b) procedures and methods for handling evidence that is in an electronic form.
Applicability of articles 121D,
208B(5), 248E(4)
and 328K.
Added by:
XI. 2009.8.
shall apply mutatis mutandis to any offence under this sub-title.
(2) The provisions of article 328K shall also apply mutatis mutandis to any offenc e under this sub- title as if the reference therein to article 328J were a reference to article 121D.
PART III
OF CONTRAVENTIONS AND PUNISHMENTS
Title I
OF CONTRAVENTIONS
Sub-title I
OF CONTRAVENTIONS AFFECTING PUBLIC ORDER
Contraventions affecting public order.
Amended by: IV.1856.18; XII.1904.48; XII.1913.9.
(a) without permission, cuts any grass in or about any fortification;
(b) throws any building material or rubbish in any ditch or in the vicinity of any fortification;
(c) not being one of the persons referred to in article 62, in case of a tumult or other calamity, or in the case of any flagrant
offence or of a hue and cry, refuses, without reasonable excuse, to give help, or refuses, when so required, to give information
thereof, or gives false information or particulars, to any person entrusted with a public service in the actual exercise
of his duties;
(d) allows any insane person under his custody, whether furious or otherwise, to go about at large;
(e) not being one of the persons referred to in article 62, is present at any attempt against the life or property of any person
and fails to give information thereof to the Executive Police;
(f) without permission keeps a public school;
(g) refuses to give, or untruthfully gives to any public officer or any other person entrusted with a public service
in the actual exercise of his duties, his name, surname, address and other particulars;
(h) Repealed by: X.1998.52.
(i) not possessing property of any kind, and having no other means of subsistence, fails to show that he has habitually endeavoured
to engage in or exercise some art, trade or other occupation;
(j) without being duly licensed, opens or keeps any place for public divine worship;
(k) refuses to receive at the established value, any money lawfully current;
(l) taking advantage of the credulity of others, for the purpose of gain, pretends to be a diviner, fortune-teller or an
interpreter of dreams;
(m) at night time, disturbs the repose of the inhabitants by rowdiness or bawling, or in any other manner;
(n) in any public place, wears any mask, or disguises himself, except at the time and in the manner allowed by law;
(o) without permission, or against the prohibition of the respective authorities, wears any civil, naval, military or air force
uniform, or any ecclesiastical habits or vestments;
(p) leaves exposed in any street, open space, field, or other public place, any ladder, iron bar, weapon, or other instrument,
of which an improper use might be made by thieves or other wrong-doers, or which might cause any injury;
(q) in the harbours, on the seashore or in any other public place, exposes himself naked or is indecently dressed;
(r) in any street, or open space, quarrels or fights, although jestingly, to the annoyance or injury of passers-by;
(s) drives animals (whether of burden or riding animals) over a drawbridge, with or without a vehicle, otherwise than
at an amble;
(t) engages in any conspiracy with persons of the same profession or business with the object of raising or lowering the
price of any article, or the wages of labour, or of imposing conditions to the prejudice of the public, in matters relating
to such profession or business;
(u) unlawfully tears or pulls down any public notice affixed by the authorities, or any poster or placard affixed in
any public place or on any private property
Amended by: IV. 1856.19; XII. 1913.9.
Amended by: XII. 1914.10; XXXII. 1986.5.
Amended by: VIII. 1909.31.
Amended by: XV. 1937.5.
Amended by: XLI. 1933.1.
Amended by: IV. 1856.20; XI. 1905.15.
Amended by: XXVI. 1927.1.
Amended by: XIII.1899.1; XIII. 1918.11.
Added by: XLIII. 1966.2.
Substituted by: XXI.1993.86.
Added by: XIV. 1983.10. Substituted by: XXXII. 1986.5; III. 2002.73. Amended by: XVI. 2006.7; XI. 2009.9.
Added by: IX. 1859.22.
Amended by: IX.1911.13. Substituted by: XXVII. 1975.22.
with the previous consent, express or implied, of the owner, during election time, by any political party or person, containing
the names of the candidates and appealing to citizens to vote for such candidates, or covers up, wholly or in part, such
poster or placard with any other poster or placard, or in any other manner covers up the print of such poster or placard:
Provided that in any such public place no party or independent candidate may make use of a larger space than that made use
of by any other party or independent candidate, having regard to the space available in such public place and
to the number of such parties or independent candidates, and for such purpose the Police shall, by regulations to
be published in the Gazette, fix the space to be thus made use of by any party or independent candidate and shall remove any poster
or placard which may have been affixed in contravention of the said regulations by encroaching upon the space assigned to
others;
(v) causes any physician, surgeon, obstetrician, or clergyman, to attend on or visit any person whom he falsely represents
to be sick;
(w) leads an idle and vagrant life;
(x) in any public place importunes any person to beg alms; (y) being a parent or a spouse, leaves his children or
spouse in want, whether in consequence of his or her disorderly living or indolence;
(z) when so ordered by a court or so bound by contract fails to give to a person the sum fixed by that court or laid down in the
contract as maintenance for that person, within fifteen days from the day on which, according to such order or contract,
such sum should be paid:
Provided that, notwithstanding any other provision of this Code, the criminal action for an offence under this paragraph is barred
by the lapse of six months:
Provided further that where the offender is a recidivist in a contravention under this paragraph the offender shall be liable
to the punishment of detention not exceeding three months or a fine (multa) not exceeding two hundred euro or imprisonment for a term not exceeding two months;
(aa) leaves his parents in want in consequence of his disorderly living or his indolence;
(bb) even though in a state of intoxication, publicly utters any obscene or indecent words, or makes obscene acts or gestures, or
in any other manner not otherwise provided for in this Code, offends against public
morality, propriety or decency;
(cc) runs violently in any street or open space, with the risk of running into and injuring other persons;
(dd) in any manner not otherwise provided for in this Code, wilfully disturbs the public good order or the public peace;
(ee) disobeys the lawful orders of any authority or of any person entrusted with a public service, or hinders or obstructs such person
in the exercise of his duties, or otherwise unduly interferes with the exercise of such duties, either by preventing other persons
from doing what they are lawfully enjoined or allowed to do, or frustrating or undoing what has been lawfully done by other persons,
or in any other manner whatsoever, unless such disobedience or interference falls under any other provision of this Code
or of any other law;
(ff) in any public place or place open to the public, is found drunk and incapable of taking care of himself; or in any
public place or place open to the public, being in charge of a child under the age of seven years, or of any horse, mule
or ox, or steam engine, or of any vehicle, is manifestly in a state of intoxication, or, being in such a state, causes
any annoyance or disturbance, or is in possession of firearms, or refuses to quit any wine and spirit shop, inn, tavern
or lodging-house, or attempts to enter any passenger boat or vessel or other vehicle, or refuses to quit such boat, vessel or other
vehicle notwithstanding the warning of the person in charge thereof not to enter into or to quit such boat, vessel or other vehicle;
(gg) except in the cases specially provided for in this Code or in any other law, performs any act without a licence from the competent
authority, when such licence is required by any law or by any regulation made by the competent authority thereunder;
(hh) in any case not otherwise provided for in this Code or in any other law, with intent to mislead the authorities, lays before such
authorities any genuine act, affidavit or certificate, falsely representing the same as referring to himself, or to
any other person;
(ii) except as is allowed by law, and unless any other law provides for a higher punishment for the offence, makes or attempts
to make or is in any way concerned in the making of any bet or wager including a bet or wager connected with any game,
sport or event occurring in Malta or elsewhere; or who is present in any place while such betting or wagering is taking
place;
(jj) in any place, importunes any person to advertise, or to make such person acquire, any service, product,
Added by: IV. 1856.21. Amended by: XII.1913.9.
Added by: III.1885.5. Amended by: IV. 1888.1; XI.1905.15; VIII. 1909.31.
Added by: I.1903.17. Amended by: VIII.1909.31; L.N. 4 of 1963.
Added by: XII. 1913.9.
Added by: XII.1913.9.
Added by: XXXII. 1986.5.
Added by: II. 1967.2.
Added by: XXI. 1993.86. Amended by: III. 2002.73.
Added by: VII 2010.27.
property or property rights whatsoever;
(kk) being a person over fifteen years of age, uses at any children’s playground open to the public any playing equipment or similar
facilities therein;
(ll) when ordered by a court or bound by contract to allow access to a child in his or her custody, refuses without just cause to give
such access;
(mm) uses gas canons or any other equipment that works manually or automatically, to produce noises, mainly intended to keep
away animals from fields or other open spaces:
Provided that in such a case, besides awarding punishment, the Court shall also order the removal of the equipment.
Sub-title II
OF CONTRAVENTIONS AGAINST THE PERSON
Contraventions against the person.
(a) challenges another to fight with stones;
(b) without inflicting any wound or blow, threatens others with stones or other hard substances, or throws the same, or takes
up any other weapon against any person;
(c) throws stones or other hard substances at the terraces, roofs, windows, doors, courtyards, lamps or walls of houses of other
persons, or of any other building; or knocks at the door, or rings the bell of any other person’s house or building;
(d) attempts to use force against any person with intent to insult, annoy or hurt such person or others, unless the fact constitutes
some other offence under any other provision of this Code;
(e) utters insults or threats not otherwise provided for in this Code, or being provoked, carries his insult beyond the limit warranted
by the provocation;
(f) through carelessness or want of caution throws water, or other liquid, or filth upon any person;
(g) sets his dog at another person, or does not endeavour to restrain the same, when molesting any person;
(h) being authorized to correct any other person, exceeds the bounds of moderation;
(i) frightens or terrifies any other person, in a manner that might cause harm to such person although it be done in
jest;
(j) being in duty bound to take care of children, or of other persons incapable of taking care of themselves, neglects to take
the necessary care of such children or persons;
(k) meeting in the street any abandoned or stray child, does not convey such child or immediately report the fact to the
Executive Police, or does not otherwise provide for the safety of the child;
(l) pushes against any person in the street with the object of hurting or insulting such person;
(m) throws any dirt or filth at the door or against the wall of the house of any other person;
(n) annoys, vexes or scoffs at any imbecile, aged, crippled, feeble or deformed person;
(o) even though without the intent of committing another offence, enters into the dwelling-house of another person, against
the express warning of such person, or without his knowledge, or under false pretences or by any other deceit.
Added by: IV. 1856.22.
(2) In the cases referred to in subarticle (1)(d), (e), (l) and (o), no proceedings shall be instituted except on the complaint of the injured party.
Added by: XI.1900.51. Amended by: I. 1903.18;
VIII. 1909.32, 33.
Sub-title III
OF CONTRAVENTIONS AGAINST PROPERTY
(a) shoots doves or pigeons, other than wild doves or pigeons, belonging to any other person;
(b) in any field belonging to any other person, plucks or eats the fruit or other produce of such field;
(c) on finding any property mislaid or lost by any other person, fails, within three days, to give information thereof to the Executive
Police;
(d) commits any other violation of another person’s property, to the prejudice of the owner or holder thereof,
not specified in the preceding paragraphs of this article, nor otherwise provided for in this Code.
Contraventions against property.
Amended by: XI. 1900.52.
Discretion of court in the application of the punishments for contraventions. Amended by: XI.1900.58; IX.1911.14.
Minimum punishment for blasphemous words.
Added by: X.1949.2.
Amended by: XIII. 1983.5;
L.N. 407 of 2007.
Disqualification on conviction under article
340 (a).
Added by:
XVI. 1963.2.
Forfeiture of articles in certain contraventions. Amended by: VIII. 1857.10; III.1885.6; IV.1888.3; XXI.1944.2;
IX. 1982.2; XXXII. 1986.6;
X. 1998.52.
Title II
OF THE PUNISHMENTS FOR CONTRAVENTIONS
342. In respect of the contravention under article 338(bb), where th e act con s i s ts in utt e ri ng blasphemou s word s or expressions, the minimum punishment to be awarded shall
in no case be less than a fine (ammenda) of eleven euro and sixty-five cents (11.65) and the maximum punishment may be imprisonment for a
term of three months - saving always the provisions of Title IV of
Part II of Book First.
343. On conviction for a contravention under article 340(a), the court shall, besides awarding punishment, order the offender to be disqualified from holding or obtaining a licence to carry
a firearm o f t h e cla ss o r desc ri pt io n use d in t h e com m i ssio n of t h e contravention (including any airgun) for a
period of twelve months.
344. It shall be lawful to seize and confiscate - (a) Repealed by: X.1998.52.
(b) the ladders, iron bars, weapons and instruments
mentioned in article 338 (p);
(c) any money found on any person committing an offence under article 338(ii).
GENERAL PROVISION
Particular laws and regulations.
BOOK SECOND
LAWS OF CRIMINAL PROCEDURE
PART I
OF THE AUTHORITIES TO WHICH THE ADMINISTRATION OF CRIMINAL JUSTICE IS ENTRUSTED
Title I
OF THE POWERS AND DUTIES OF THE EXECUTIVE POLICE IN RESPECT OF CRIMINAL PROSECUTIONS
GENERAL
(2) Notwithstanding the generality of subarticle (1), where authorised by law and in the manner so provided, the Police may delay it s imm ediate i n terv en tion for the prevent i on o f t h e commission of an offence.
Duties of the Police. Amended by: IV. 1856.23; VIII. 1990.3. Substituted by: III. 2002.74.
349. (1) A police officer shall only have such powers as are vested in him by law and to the extent authorised by law and in this pr
o vi si o n t he w or d la w h as th e sa m e me an in g a ssi gn ed to it in article 124 of the Constitution.
(2) The omission of any precaution, formality or requirement prescribed under this Title shall be no bar to proving, at the trial,
in any manner allowed by law, the facts to which such precaution, formality or requirement relates.
Complaint by the injured party. Amended by:
XIV. 1889.45; XXX. 1934.2;
XXI. 1971.26; XXII. 1976.4;
XLIX. 1981.4. Substituted by: III. 2002.74.
Tendering of assistance when required by head of household. Amended by:
XXII. 1976.4. Substituted by:
III. 2002.74.
Powers according to law.
Substituted by:
III. 2002.74.
Omission of precaution, formality or requirement not a bar to admissibility of evidence.
Definitions. Amended by: XI. 1900.54. Substituted by: III. 2002.74. Amended by:
L.N. 274 of 2007.
"appropriate consent" means -
(a) in relation to a person who has attained the age of eighteen years, the consent of that person;
(b) in relation to a person who has not attained the age of eighteen years but has attained the age of fourteen years, the
consent of that person and the consent of his parent or guardian;
(c) in relation to a person who has not attained the age of fourteen years, the consent of his parent or guardian;
"designated police station" means a police station designated by the Minister responsible for the Police by a notice published
in the Gazette;
"excluded material" means:
(a) personal records acquired or created by a person in the course of any trade, business, profession or other occupation,
or for purposes of any paid or unpaid office and which he holds in confidence;
(b) human tissue or tissue fluid which has been taken for the purpose of diagnosis or medical treatment and which a person
holds in confidence;
(c) journalistic material which a person holds in confidence;
"intimate sample" means a sample of blood, semen or any other ti ssu e fl ui d, or pu bi c hai r, and i n clu d es a swab
taken fr om a person’s body orifice other than the mouth;
"intimate search" means a search which consists of the physical examination of a person’s body orifices other than the
mouth;
"items subject to legal priv ilege" means any communication between a professional legal adviser and his client or any person
representing his client and any document or record enclosed with or referred to in such communication and made in connection with
the giving of legal advice or in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
but the exp r ession do es not include items held with the intentio n of furthering a criminal purpose;
"journalisti c material" means material in the possession of a person who acquired or created it for the purposes of journalism
and a person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to
be taken to have acquired it for those purposes;
"non-intimate sample" means -
(a) a sample of hair other than pubic hair;
(b) a sample taken from a nail or from under a nail;
(c) a swab taken from any part of a person’s body including the mouth but not any other body orifice;
(d) urine or saliva;
(e) a footprint or a similar impression of any part of a person’s body other than a part of his hand;
"pe r sonal records" means doc umentary and othe r records con cerni ng an i ndi vi du al (wh e th er li vi ng o r dea d
) w h o can b e identified from them and relating -
(a) to his physical or mental health; or
(b) to spiritual counselling or assistance given or to be given to him; or
(c) to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation
or by any individual who by reason of his office or occupation has responsibilities for his personal welfare or by reason of
an order of a court has responsibilities for his supervision;
"Schengen Information System" shall have the same meaning assig n ed t o i t by t h e Co nve nti o n o f th e 1
9 t h Jun e , 19 90 implementing the Schengen Agreement of the 14th June, 1985.
(2) For the purpose of this article:
(a) a person holds journalistic material in confidence if -
(i) he holds it subject to such an undertaking, restriction or obligation; and
(ii) it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation
since it was first acquired or created for the purposes of journalism;
(b) a person holds material other than journalistic material in confidence if he holds it subject -
(i) to an express or implied undertaking to hold it in confidence; or
(ii) to a restriction on disclosure or an obligation of secrecy contained in this Code or in any other law.
Sub-title I
POWER TO STOP AND SEARCH
Power to stop and search.
Amended by: III. 1937.2; XX.1959.4;
XXVII. 1975.23. Substituted by: III. 2002.74.
Amended by:
L.N. 274 of 2007.
(2) For the purposes of subarticle (1), the Police may stop a person or a vehicle until the search is performed and shall seize
any thing discovered during the search and the possession of which is prohibited or which may be connected with an offence.
(3) Pursuant to and for the purposes of the Convention of the
19th June, 1990 implementing the Schengen Agreement of the 14th
June, 1985 an offence under this article shall be deemed to be an
offence even when committed outside Malta.
Warrant. Substituted by: IV. 1994.9;
III. 2002.74.
Limitation as to search, etc. Amended by:
XI. 1900.55;
L.N. 46 of 1965;
VIII. 1990.3.
Substituted by:
III. 2002.74.
Report on search. Substituted by: III. 2002.74.
353. Except in urgent cases and when a person is apprehended in flagrante delicto nothing in this Title authorises the search of a person by a police officer of the opposite sex, or that a search be conducted by a police of ficer n o t in un if or m un l e ss cl earl y identified by the production of a police identity card.
Sub-title II
ROAD CHECKS
Conditions for road checks.
Amended by: VIII. 1857.11;
V. 1868.20. Substituted by: III. 2002.74.
Amended by:
L.N. 247 of 2007.
Cap. 248.
(a) the arrest of a person who has committed or is reasonably suspected of having committed or of being about to commit a
serious crime, not being a crime punishable under the Press Act; or
(b) the discovery of anything the possession of which is prohibited or restricted by law or which is connected in any way whatsoever
with the commission of a serious crime or which is evidence of any such crime; or
(c) the arrest of any person whose arrest has been ordered by a court or any other lawful authority or who is otherwise
unlawfully at large; or
(d) the ascertainment that a person is not abiding by a condition lawfully imposed on him by a court; or
(e) the ascertainment of violations of any law regarding motor vehicles or traffic regulation; or
(f) the arrest, or ascertainment of whereabouts, of a person in respect of whom an alert has been entered in the Schengen
Information System; or
(g) the discovery of any property in respect of which an alert has been entered in the Schengen Information System:
Provided that for the purposes of this article "serious crime" means any crime liable to the punishment of imprisonment.
(2) Where a vehicle has been stopped in pursuance of the pr ovisions of this sub-title that vehicle m ay be searched by the Police.
Exercise of road check.
Added by: III. 2002.74.
Authorisation.
Added by:
III. 2002.74.
Evidence of other offences.
Added by:
III. 2002.74.
Saving of other laws.
Added by:
III. 2002.74.
Sub-title III
POWERS OF ENTRY, SEARCH AND SEIZURE UNDER WARRANT
Conditions for search of premises, etc.
Added by: III. 2002.74.
Amended by:
L.N. 247 of 2007.
Cap. 248.
Cap. 248.
Cap. 248.
(a) the offence is a crime other than a crime punishable under the Press Act and there is imminent danger that the said person may escape or that the corpus delicti or the means of proving the offence will be suppressed; or
(b) the person is detected in the very act of committing a crime other than a crime punishable under the Press Act; or
(c) the intervention of the Police is necessary in order to prevent the commission of a crime other than a crime punishable under
the Press Act; or
(d) the entry is necessary for the execution of any warrant or order issued by any other competent authority in the cases prescribed
by law; or
(e) the arrest is for the purpose of apprehending a person who is unlawfully at large after escaping from lawful arrest or detention;
or
(f) the entry is necessary for purposes of:
(i) executing the arrest, or ascertaining the whereabouts, of a person in respect of whom an alert has been
entered in the Schengen Information System and there is an imminent danger that the said person may escape; or
(ii) discovering any property in respect of which an alert has been entered in the Schengen Information System
and there is an imminent danger that the property may be concealed, lost, damaged, altered or destroyed.
(2) The expression "enclosure" does not include any plot of land enclosed by rubble walls.
(3) A warrant may also be issued by a Magistrate as mentioned in subarticle (1) for the purpose of:
(a) effecting the arrest or ascertaining the whereabouts of a person in respect of whom an alert has been entered in the Schengen
Information System; or
(b) discovering and seizing any property in respect of which an alert has been entered in the Schengen Information
System.
(2) An entry and search warrant issued under this Sub-title shal l b e dee m ed t o hav e be en gra n ted to the police
officer or officers executing it.
(3) Without prejudice to the right of obtaining a new warrant for the same purpose, an entr y and sear ch w a rrant may n o t
be executed after the lapse of one month from the date of issue.
Subsidiary powers of Police in execution of warrants.
Added by: III. 2002.74.
Scope of search and of search warrant.
Added by: III. 2002.74.
Provided that if, in the course of the search, offences other than the of fence or of fence s m e nt io ned i n th e w a r r an t ar e discovered, the search may extend to the extent required for the purposes of such other offences.
Times for execution of warrant. Added by: III. 2002.74.
Copy of warrant to person.
Added by:
III. 2002.74.
Limitation. Added by: III. 2002.74.
Sub-title IV
POWERS OF ENTRY AND SEARCH WITHOUT WARRANT
355K. Any police officer may enter and search without a warrant any premises, house, building or enclosure in the circumstances laid down in article 355E(1)(a) to (e).
Cases admitting of no delay.
Added by: III. 2002.74.
Entry and search after arrest. Added by:
III. 2002.74.
the extent that is reas onably necessary for discovering such evidence:
Provided that if offences other than the offence or offences for which the person was arrested are discovered in the course of the
search then the search may extend to the extent required for the purposes of such other offences.
(2) Without prejudice to the provisions of Sub-title V, the Police may in the course of a search carried out in pursuance
of the provisions of subarticle (1) seize and retain anything not subject to legal privilege and whic h constitutes relevant evidence
for the purpose of any offence mentioned in the same subarticle.
Limitation. Added by: III. 2002.74.
(2) Where the police officers on the scene are all below the rank of inspector and the matter admits of no delay and the person occupying or in control of the premises is present and his presence is necessary for the effective investigation of the offence, the said police officers may proceed t o ente r a nd s earc h the pre m is es without the authorisation in writing referred to in subarticle (1).
Report by officer.
Added by:
III. 2002.74.
Connection of offences. Added by:
III. 2002.74.
(a) the facts of the offences are substantially the same; or
(b) an offence has served as a means for the commission of another offence; or
(c) the proof of an offence or of a circumstance thereof has a bearing on the proof of another offence or of a circumstance thereof.
Sub-title V
SEIZURE AND RETENTION
General rules of seizure.
Added by: III. 2002.74. Amended by:
L.N. 274 of 2007.
(2) Without prejudice to the generality of the aforesaid, an ythin g lawfully seized by th e Pol ice under this
Cod e may be retained for use as evidence at the trial or for forensic examination or any other aspect of the investigation, or in
order to establish the thing’s lawful owner.
(3) The Commissioner shall provide for the proper custody of anything seized.
Computer data.
Added by:
III. 2002.74.
Receipt for thing seized.
Added by:
III. 2002.74.
Retention. Added by: III. 2002.74.
Provided that before releasing the thing the Police may, where they deem so necessary, apply to a Magistrate for a repertus to be drawn up and the provisions of Title II of Part II of Book Second of this Code shall apply.
Restitution to owner.
Added by: III. 2002.74.
Photographs.
Added by:
III. 2002.74.
Sub-title VI
POWERS OF ARREST AND DETENTION
Arrest under warrant. Added by: III. 2002.74.
Arrest by private persons.
Added by:
III. 2002.74.
(2) The person making any arrest under subarticle (1) shall without delay inform the Police of the fact of the arrest and shall exercise such power only until it is strictly necessary for the Police to take over the person arrested.
Arrest by police without warrant. Added by:
III. 2002.74. Amended by:
L.N. 274 of 2007.
Cap. 248.
(2) Any police officer may also proceed to the arrest of any person in respect of whom an alert for his arrest has been entered
in the Schengen Information System.
(3) Any police officer may also proceed to the arrest of any person who knowingly, or after due warning, obstructs or disturbs
him in the execution of his duties, or disobeys his lawful orders.
(4) The powers mentioned in subarticles (1), (2) and (3) shall only be exercised until it is strictly necessary for the police
officer to convey the person arrested to a police station and deliver him to a superior officer not below the rank of sergeant.
(5) The provisions of this article shall not apply to any crime punishable under the Press Act.
Detention without warrant under Schengen Information System.
Added by:
L.N. 274 of 2007.
Arrest for minor offences.
Added by:
III. 2002.74.
Cap. 248.
(a) the person be detected in the very act of committing the offence; or
(b) the arrest be necessary to prevent the commission of an offence in respect of which the Police may institute criminal proceedings
without the complaint of the injured party; and
(c) in either of the cases mentioned in paragraphs (a) or (b) one of the conditions mentioned in article 355Z is satisfied.
(2) A person shall be deemed to be detected in the very act of com m i ttin g an o f fen c e, if he i s cau ght, eith er in the
act of committing the offence, or while being pursued by the injured party
or by the public hue and cry.
(a) that the identity of the person is unknown or cannot be readily ascertained by the police officer; or
(b) there is a doubt whether the particulars furnished by the person are true; or
(c) that the person has not furnished a satisfactory address for service, or there are doubts about whether the address provided
is satisfactory for service, or that at least some other person may according to law receive service on his behalf at the address
given; or
(d) that the arrest is necessary to prevent the person -
(i) causing physical harm to himself or to any other person; or
(ii) suffering physical injury; or
(iii) causing loss or damage to property; or
(iv) committing an offence against public decency;
or
(v) causing an unlawful obstruction on any public road; or
(e) that the police officer has reasonable grounds for believing that the arrest is necessary to protect a child or any other
vulnerable person.
General arrest conditions. Added by:
III. 2002.74.
(2) The arrest is not lawful unless the person arrested is informed at the time of his arrest or detention, in a language
that he understands, of the reasons for his arrest or detention:
Provided that if an interpreter is necessary and is not readily available or if it is otherwise impracticable to comply with
the provisions of this sub-article at the time of the person’s arrest or det e nt ion, such provisions shall b e com p lied with
as soon as practicable:
Provided further that, in any case, where the arrest is made by a private person under the provisions of article 355V the giving of
the information may be delayed until the person arrested is taken over by the Police.
Conduct towards person arrested. Added by:
III. 2002.74.
Information to be given on arrest. Added by:
III. 2002.74.
Attendance at a police station or office.
Added by: III. 2002.74.
(2) Where an inspector of Police has a reasonable suspicion that the person who attended voluntarily at the police station or
office may have committed an offence subject to imprisonment, he may arrest such person forthwith without warrant and inform him
accordingly. The time of the arrest shall be immediately recorded and immediate notice thereof shall be given to a Magistrate.
(3) The Police may, orally or by a notice in writing, require any person to attend at the police station or other place indicated
by them to give such information and to produce such documents as the Police may require and if that person so attends at the police
station or plac e indica ted to h im he shall be de emed to have attended that police station or other place voluntarily. The written
notice referred to in this subarticle shall contain a warning of the consequences of failure to comply, as are mentioned in subarticle
(5).
(4) Any person who is considered by the police to be in possessio n o f any info rmat ion or document rel e v a n t to
any investigation has a legal obligation to comply with a request from
the police to attend at a police station to give as required any such information or document:
Provided that no person is bound to supply any information or document which tends to incriminate him.
(5) A person who fails to comply with a notice in writing as is referred to in subarticle (3) or who fails, upon being so requested,
even if only orally, to accompany voluntarily a police officer to a police station or other place indicated by the police officer
for any purpose mentioned in the said subarticle (3) shall be guilty of a contravention punishable with detention and shall be liable
to be arrested immediately under warrant.
(6) The notice mentioned in subarticle (3) may be served with urgency in cases where the interests of justice so require.
(7) A person who attends voluntarily as mentioned in subarticle (3) may be kept apart from any other person, but shall not be kept
in any place normally used for the detention of arrested persons.
Arrest outside police stations or offices.
Added by: III. 2002.74.
(2) Where there are grounds for the continuation of the arrest the person arrested shall be taken to a designated police station
as soon as practicable and in no case later than six hours from the time of the arrest.
(3) The taking of an arrested person to a police station in accordance with the foregoing provisions of this article
may be delayed if that person’s presence is required elsewhere for th e purpose of any investigation which may be necessary.
(4) Where a person is released following arrest the police
officer ordering r elease shall record in writing the fact statin g reasons.
(a) if the police officer has reasonable grounds for believing that the arrested person may present a danger to himself
or others; or
(b) for anything which the arrested person might use to assist him to escape from custody; or
(c) for anything which might be evidence related to an offence.
(2) The provisions of article 353 of this Code shall apply to searches under this article.
Search on arrested person.
Added by:
III. 2002.74.
Sub-title VII
WARRANTS
(2) Any such warrant or order shall set forth the nature of the offence, the name of the person, if known, by whom the offence
is alleged to have been comm it te d and, in the case of a search warrant, it shall indicate the place where the search is to be
carried out.
(3) Once a warrant or order of arrest or search has been issued any police officer may execute the warrant or order.
Police to execute warrants of arrest or search.
Added by: III. 2002.74.
(2) In cases of urgency, the request for the issue of the warrant and the warrant may be communicated even by facsimile:
Provided that, as soon as practicable, the original warrant shall be delivered for record purposes.
(3) Any warrant issued by a Magistrate shall be issued in favour of the Commissioner of Police and may be executed by
any
Procedure for warrants. Added by:
III. 2002.74.
police officer.
(4) Whenever a police officer requests the issue of a warrant of arr e s t or s e ar ch from a Ma gis t r a te i n a c c o r da
nc e w ith th e p ro vi sio ns of t hi s C ode an d th e Ma gi strate refu ses t o issu e t he warrant the Police may request the
issue of the same warrant from a Judge who ordinarily sits in the Criminal Court.
Copies of warrants.
Added by:
III. 2002.74.
Provided that where a police officer comes upon a person against whom a warrant of arrest has been issued and, although not in possession of a copy of the warrant, the police officer knows that the warrant has been so issued, the officer shall arrest that person and shall serve him with the copy of the warrant at the first opportunity.
Report of arrest.
Added by:
III. 2002.74.
(2) The Magistrate may order that the person arrested be transferred to another place with immediate effect.
(3) Any person arrested in pursuance of any provision of this Code and who has not been brought before a court within forty-
eight hours of his arrest shall be released.
Immediate orders.
Added by:
III. 2002.74.
Sub-title VIII
DETENTION
Right to release.
Added by:
III. 2002.74.
(2) Before ordering the release from custody of a person under
subarticle (1) the custody officer shall inform the investigating officer and a Magistrate and the final decision shall be taken by
the Magistrate.
(3) A person whose release is ordered under the provisions of subarticle (1) shall be released unconditionally unless it appears
to the custody officer -
(a) that there is need for further investigation of any matter in connection with which he was detained at any time during
the period of his detention; or
(b) that proceedings may be taken against him in respect of such matter,
and if it so appears, he shall be released subject to the conditions, reduced to writing and signed by the person to be released,
that he will not attempt or do anything to leave Malta without the authority of the investigating officer under whose authority he
was arrested and that he will attend at such police station at such time as the custody officer may appoint and, or that he will
attend before the Court of Magistrates at such time and such place as the court may appoint.
(4) Where a custody officer has granted bail to a person subject to a duty not to attem p t or do anything to leave Malta withou
t authority or to appear at a police station, the custody officer may g i ve no ti ce i n w r i t i n g to t h at per s on th at
th e co n d i t i o n no t t o attempt or do anything to leave Malta without authority no longer applied or that his attendance at
the police station is not required.
(5) Any person who fails to comply with any condition imposed upon him upon his release as provided in subarticle (3) shall
be guilty of a contravention.
(6) A police officer may arrest without a warrant any person wh o, having been conditionally released under subarticle (3) su bj
ect t o a du ty no t to att e mpt or d o an yt hi ng to l e av e Mal t a without authority or to attend a police station or subject
to a duty to appear before the Court of Magistrates, attempts or does anything to leave Malta without authority or fails to attend
at that police station or before the Court of Magistrates at the time appointed for him to do so.
(7) For the purposes of this sub-title a person who returns to a police station to answer to bail or is arrested under subarticle
(6) shall be treated as arrested for the offence under subarticle (5) and for the offence in connection with which he was granted
bail and the provisions of this article shall apply to such person.
(8) The conditions made under subarticle (3) shall not remain in force for more than three months from the date on which they were
imposed unless they are renewed by a Magistrate for further periods of three months each period upon an application by the Police
which shall be served for his reply upon the person on whom the conditions were imposed.
(9) At any time during which the conditions made under subarticle (3) are in force the person on whom those conditions
were imposed may by an application to be served on the Police for a reply request a Magistrate that those conditions be removed or
modified.
(10) The Minister may issue guidelines to be followed by custody o fficers in th e exercise of their discretion to im pose
conditions under subarticle (3).
Requirement of custody officer. Added by:
III. 2002.74.
(2) Any officer of any rank may perform the functions of a cu stody officer at a designated place of deten tion if a custody officer
is not readily available to perform them.
(3) Where the custody officer who is called upon to carry out any of his functions with respect to a person in police detention
is, at the time when the function falls to be performed, involved in the inv e st igati on of an offen c e for whi c h th e person
is i n pol ice detention such function shall be carried out by another custody officer or, if no such other custody officer is available,
by the next most senior police officer who happens to be available at the time.
(4) In this article and elsewhere in this sub-title "designated place of detention" means such place designated by the
Minister where a person may be detained for more than six hours.
Functions of custody officer. Added by:
III. 2002.74.
Functions of custody officer at a place other than a designated place of detention.
Added by: III. 2002.74.
(a) by an officer not below the rank of sergeant who is not involved in the investigation of an offence for which the arrested person
is in detention, if such an officer is readily available; and
(b) if no such officer is readily available, by the officer who took the arrested person to the police station or by the most senior
police officer at the police station at the time.
Intimate searches of the person detained.
Added by: III. 2002.74.
(2) A person shall not be appointed an expert for the purpose of carrying out an intimate search on a person of the opposite sex unless t he expert is a m edical practit ioner and the person to be searched consents thereto in writing.
Experts to be appointed. Added by:
III. 2002.74.
Seizure. Added by: III. 2002.74.
Sub-title IX
RIGHTS OF PERSONS DETAINED
(2) In all cases the following information shall be entered in the detention record of the person detained:
(a) the day and time in which the detained person was informed of his right under this article;
(b) whether the detained person chose to avail himself of that right or not;
(c) if the detained person chose to avail himself of that right, the details of the relative or friend informed of the detained person’s
arrest and whereabouts together with the day and time in which the information was given; if such relative or friend was not so
informed the reasons for this.
(3) The arrested or detained person shall be requested to sign the record referred to in subarticle (2) and should he refuse to
do so an entry shall be entered in the record to this effect.
(4) Notwithstanding the provisions of subarticle (1), the
Right to inform friends and to medical assistance. Added by:
III. 2002.74.
investigating officer may by application to a Magistrate request that he be authorised to delay informing a relative or friend of
the detained person if there are reasonable grounds for suspecting that t h e g i vi ng of such in form atio n m a y be p r ej
udi cial to the investigation or to the recovery of things, or that it may alert other persons who are connected with the offence
and are still not in Police custody. Such a delay shall not be later than six hours from the time when the arrest was effected.
(5) An arrested person shall, at his request, be allowed to consult a medical adviser of his choice provided that such
medical adviser is readily available.
(6) The application referred to in subarticle (4) may be communicated to the Magistrate by facsimile:
Provided that, as soon as practicable, the original application shall be delivered for record purposes.
Right to legal advice.
Added by: III. 2002.74.
(2) A request made under subarticle (1) shall be recorded in the custody record together with the time that it was made unless
the request is made at a time when the person who makes it is at court after being charged with an offence in which case the request
need not be so recorded.
(3) Subject to the provisions of subarticle (7), compliance with a request under subarticle (1) may be delayed if the person making
the request is in police detention for a crime and if an officer not below the rank of superintendent authorises such delay.
(4) An authorisation under subarticle (3) may be given orally or in writing but if it is given orally it shall be confirmed in
writing as soon as it is practicable.
(5) An officer may only authorise delay where he has reason able ground s for beli ev ing that t h e exerci se
o f t h e ri ght conferred by subarticle (1) at the time when the person detained desires to exercise it -
(a) will lead to interference with or harm to evidence connected with the offence being investigated or interference
with or physical injury to other persons; or;
(b) will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) will hinder the recovery of any property obtained as a result of such an offence; or
(d) in the case of a person detained for an offence of drug trafficking, bribery, or money laundering, will hinder the recovery
of the value of that person’s proceeds from the offence.
(6) Where delay has been authorised as provided in subarticle (5) the Police may immediately proceed to question the detained person.
(7) The delay mentioned in subarticle (3) shall in no case exceed thirty-six hours from the time of the arrest.
(8) Any police officer who tries to indicate to a person detained the advocate or legal procurator who should be engaged during
the detention of such person, shall be guilty of an offence and shall be punishable with a fine (ammenda) and this without prejudice to any disciplinary proceedings that may be taken against him.
(9) Where the person detained chooses not to seek legal assistance the investigating officer shall record this fact in
writing in the presence of two witnesses and thereupon questioning may proceed immediately.
(a) at any time before he was charged with the offence, on being questioned by the police trying to discover whether or by
whom the offence had been committed, failed to mention any fact relied on in his defence in those proceedings; or
(b) on being charged with the offence or officially informed that he might be prosecuted for it, failed to mention
any such fact,
being a fact which in the circumstances existing at the time the accused could reasonably have been expected to mention when so questioned,
charged or informed, as the case may be, subarticle (2) shall apply if it is shown that the accused had received legal advice before
being questioned, charged or informed as aforesaid.
(2) Where this subarticle applies -
(a) a Court of Magistrates as court of criminal inquiry in making a decision under article 401(2);
(b) the court or jury, in determining whether the person charged or accused is guilty of the offence charged,
may draw such inferences from the failure as appear proper, which inferences may not by themselves be considered as evidence of guilt
but may be considered as amounting to corroboration of any evidence of guilt of the person charged or accused.
(3) In criminal proceedings against any person for an offence the prosecution shall not, without the permission of the court for
reason s which i t co nsiders just, comment on t h e fact th at that person did not request t h e assi st ance of a lawyer or
a legal pro c urat or in th e cou r se of p o li ce in vestig atio ns before th ose proceedings.
Inferences from failure to mention facts.
Added by: III. 2002.74.
Sub-title X
TAKING OF SAMPLES, FINGERPRINTING AND OTHER INVESTIGATIVE PROCEDURES
Samples under authorisation. Added by:
III. 2002.74.
(a) where he has reasonable grounds to require the taking of intimate samples from the person arrested; or
(b) to take photographs, a film, video recording or electronic image of intimate parts of the body of the person arrested;
or
(c) where the person arrested withholds his consent for any procedure which the investigating officer may carry out according
to law with the consent of the person arrested:
Provided that where the request falls under paragraph (a), the provisions of article 355AW shall apply and, if the request falls under paragraph (b), the provisions of article 355AP shall mutatis mutandis apply.
Intimate samples by consent. Added by:
III. 2002.74.
When consent for intimate sample is refused.
Added by: III. 2002.74.
355AX. (1) Upon a request under article 355AV(a), the Magistrate shall obtain all such information from the investigating officer to enable him to decide on whether the request
is justified or not.
(2) Where the Magistrate decides that the request is justified he shall visit the person arrested to request his consent and before
asking for his consent he shall explain to him:
(a) the nature of the request and the reasons thereof;
(b) the consequences of giving his consent and of refusing consent as provided in article 355AZ; and
(c) that he is entitled to consult a lawyer or legal procurator before deciding whether or not to give his consent.
(3) Where the person arrested requests to consult a lawyer or legal procurator under subarticle (2) the magistrate shall make a
record of the fact, date and time of the request and, subject to the provisions of subarti c le (4) sh all allow the person arrested
to consult with a lawyer o r legal procurato r for such t ime as th e magistrate may deem appropriate in the circumstances of the
case.
(4) The magistrate may, on a justified objection by the Police, delay any communication with an advocate or legal procurator if
the interests of justice so requ ire or when any of the events m e nt ion e d i n arti cle 355 AT (5) is lik ely to occu
r if such communication is allowed immediately:
Provided that where the person arrested has requested to consult a lawyer or l e gal proc urator his consen t can on ly be requested
after such consultation has taken place.
(a) fingerprints, palm-prints from the person arrested;
(b) photographs of the person arrested or of non-intimate parts of his body;
(c) non-intimate samples from the person arrested. (2) The person arrested may request in writing that:
(a) his fingerprints, palm-prints or other prints,
(b) photographs of his person or of non-intimate parts of his body,
(c) non-intimate samples from his person,
be take n an d any such requ est s h all be complied with by the investigating officer with the assistance of any competent person
as may be necessary.
(3) The person arrested may also request in writing the investigating officer to carry out any of the procedures mentioned
in article 355AV(a) and (b), and any such request shall be referred without delay to a Magistrate. The Magistrate shall authorise the procedure requested after
verifying the request made by the person arrested and the provisions of artic le 355AP sh all apply where appropriate.
Applicable procedure for samples. Added by:
III. 2002.74.
Inferences from refusal.
Added by: III. 2002.74.
Samples with the consent or at the request of the person arrested. Added by:
III. 2002.74.
Provided that for the taking of an intimate sample a
Magistrate’s authorisation must also be obtained upon application.
Samples from persons other than arrested persons. Added by:
III. 2002.74.
355BC. The provisions of article 355BA shall mutatis mutandis apply to any person, not being an arrested person, who makes a request for the carrying out in his respect of any procedure referred to in that article provided the r e quest is made in writing and contains a declaration that the person making the request has reason to believe that there is the likelihood that the failure to carry out the
Samples at the request of persons other than arrested persons.
Added by: III. 2002.74.
requ est e d p r o cedure i s li kely to resu lt in hi s bei ng arrest ed or detained.
Added by: III. 2002.75.
Sub-title XI
POWERS AND DUTIES OF THE POLICE IN RESPECT OF COURT PROCEEDINGS
Production of evidence before court.
Amended by: L.N. 46 of 1965;
LVIII. 1974.68;
VIII. 1990.3;
III. 2002.76.
Collection of further evidence and its production before court.
(2) It is the duty of police prosecuting officers to disclose to the defence su ch evidence wh ich m ay appear t o favo ur t h
e person charged and which the police, for any reason, might not have the intention to produ ce before the co urt as evidence for
th e prosecution.
(3) The Executive Police shall, even after the accused has been b roug ht b efore the co urt , co ntin ue to collect and furn
ish to the Co ur t o f Mag i str a t e s o r, aft e r h i s co mmit tal fo r t r i a l , t o th e Attorney General, any further
information that can be obtained in respect of the offence.
Preservation of articles connected with the offence. Amended by: VIII.1990.3.
Duties of the
Police in respect of
criminal
proceedings.
Substituted by:
III. 2002.77.
357. Where an officer of the Executive Police discovers any weapon, document, trace or vestige or any other thing relating to an offence, he shall take steps to establish and ensure the existence and the preservation thereof in the state in which it was found until he shall have reported the matter to the Court of Magistrates, and, if unable to establish and ensure such existence or preservation, he shall observe the same procedure provided for the drawing up of a "repertus".
(2) In summary proceedings for offences within the jurisdiction of the Court of Criminal Judicature, it shall not be the duty of the Police to serve on the person charged notice of the date of hearing apart from the first sitting of the proceedings.
Executive Police to execute warrants of arrest or search. Amended by:
IV. 1994.10.
Contents of warrant.
(2) Any such warrant or order shall set forth the nature of the offence and the name of the person, if known, by whom the offence is alleged to have been committed.
(2) The summons shall contain a clear designation of the person summoned and a brief statement of the facts of the charge together with such particulars as to time and place as it may be necessary or practicable to give. It shall also contain an intimation t h at, in defau lt o f appear ance, the p e rson summoned sh all be arrested by warrant of the court and arraigned on such day as may be stated in the warrant.
Summoning of person accused when not arrested. Amended by:
IX. 1911.15; VIII. 1990.3.
Contents of summons.
Provided that for the purposes of this subarticle the word
"document" shall have the same meaning assigned to it by article
558(2):
Service of affidavits together with summons. Added by:
III. 2002.78.
Provided further that where it results that it was not possible for the accused to give notice to the Co mmissioner of Police
within the time provided aforesaid such notice of the desire to cross-examine may be given during the first sitting immediately after
the service of the affidav it in which case the person to be cross - examined sha l l be s u m m on e d to give evidence in the following
sitting.
(2) The person whose affidavit was served on the accused as provided in subarticle (1) shall not be summoned to testify in the
proceedings if the accused fails to give notice of the intention to cross-examine that person as provided in that subarticle and
the said af fi davit sh all be admissibl e i n evid en ce as proo f of its contents in those proceedings in the same way as if it
had been testimony given viva voce in the presence of the accused.
Term for service of summons. Amended by: VI.1871.26; II.1886.9;
IX. 1911.16.
Mode of effecting service.
Amended by:
III. 2002.79;
VII. 2010.28.
(2) The Minister responsible for justice after consulting with th e Mi ni ster r e sp on sib l e fo r the po lice may make regu
lati ons providing, in summary proceedings as those mentioned in article
360A(1), for the service of the summons and of any accompanying documents, and of any other act of the proceedings, by post or in
any other manner as may be provided in the regulations.
(3) Where the person to whom a summons or other act of the proceedings is addressed in accordance with any regulations made under
subarticle (2) refuses to receive it the court may by means of a decree upon an application by the Police and after examining the
certificate of service declare that person to have been duly served with the summons or with that other act and make an order for
his arrest.
(4) Where any person, other than the person to whom a summons or other act of the proceedings is addressed, refuses to
receive the summons or that other act personally the court may, upon an applicatio n by th e Police and after exam i n ing th e
certificate of service and satisfying it self t h at t h at p e rso n is a person in who s e hands t h e summo ns or th at oth e
r act may b e lawfully served, sentence that person to a fine (ammenda):
Provided that the Court may, at any time, on just cause being shown, remit the fine (ammenda).
(5) The provisions of subarticles (3) and (4) shall mutatis mu tandis apply to th e servi c e o f the sum m ons and o f any accompanying documents whenever a person is to be served with any summons
and with any accompanying documents in accordance with any other provision of this Code or of any other
law.
Time and place for service of summons. Amended by:
XXX. 1934.3; XIX. 1965.18.
Urgent cases. 364. Where the urgency of the case does not admit of any delay, the person may be summoned to appear forthwith or at a given time during the same day. If the person fails to appear, he may, upon a warrant of the court, be arrested and brought before it.
Subpoenaing of witnesses. Amended by: IV.1874.8;
XI. 1900.56; XII. 1913.10; XXXII. 1986.7; VIII. 1990.3.
(2) The provisions contained in the last preceding three articles shall apply to the subpoenas of witnesses.
(3) The subpoenas referred to in this article and the summons referred to in article 360 shall be signed by an of ficer
of the
Executive Police not below the rank of sub-inspector or be stamped with a facsimile of such a signature.
Provided that fines (multa and ammenda) shall be levied by the registrar of that court.
Judgment, etc., to be carried out by Executive Police. Fines to be levied by registrar. Amended by:
VIII. 1990.3.
Title II
OF THE COURT OF MAGISTRATES
(2) There shall be two Courts of Magistrates, one for the Island of Malta and one for the Islands of Gozo and Comino to be styled Court of Magistrates (Malt a) a nd Court of Magist rates (Gozo) respectively.
Amended by: VIII. 1990.3.
Constitution of Court of Magistrates. Jurisdiction. Amended by: XI. 1900.57; VIII. 1990.3; III. 2002.80.
Number of Courts of Magistrates.
368. (1) No magistrate may be challenged or may abstain from taking cognizance of any cause, except immediately after the report or complaint
and for any of the reasons set out in paragraphs (a), (b), (c) and (e) and, so far as applicable, article 734(d) of the Code of Organization and Civil Procedure or on the ground that he has given or is to give evidence as a witness in the cause, or on the ground that the cause is in respect
of an offence committed to his prejudice or to the prejudice of his spouse or of any other person related to him by consanguinity
or affinity in any of the degrees mentioned in paragraphs (a) and (b) of the said article.
(2) Nor may any magistrate be challenged or abstain from taking cognizance of any cause in the cases mentioned in article
403 and article 433(5) notwithstanding that during the inquiry the magistrate may have conferred with the Police or with any member
thereof or with the A ttor n ey Gen e r a l in connecti on wi th t h e
collection of evidence.
(3) If upon hearing the report or complaint, the magistrate is of opinion that there exists in his respect any of the reasons aforesaid,
he shall make a statement thereof before proceeding further with the cause.
(4) None of the above reasons shall debar any magistrate from issuing any warrant or performing any act in connection with any
inquiry relating to the "in genere", or any inquest or "repertus" held in accordance with the provisions of this Code.
When abstention or challenge of magistrate may
take place.
Amended by:
VI. 1871.27;
I.1903.19;
I.1924.2;
XXX.1934.4;
L.N. 46 of 1965;
XLVI.1973.108;
LVIII. 1974.68.
Cap. 12.
Added by: VI. 1871.28. Amended by: XI.1900.58; VIII. 1990.3. Substituted by:
XXIV. 1995.360; XXXI. 2002.199.
Cap. 12.
Amended by: VIII. 1990.3.
Offences cognizable by the Court of Magistrates as court of criminal judicature. Amended by:
IV. 1856.24; VI. 1871.29;
XIV. 1889.46; XI. 1900.59; XXIX. 1940.2;
XXIII. 1963.2; L.N. 46 of 1965; LVIII. 1974.68;
XLIX. 1981.4; XIII. 1987.2; VIII. 1990.3;
XXIX. 1990.17; III. 2002.81;
IX. 2003.128.
performed by any of the court executive officers referred to in article
57(3) of the Code of Organization and Civil Procedure.
Sub-title I
OF THE COURT OF MAGISTRATES AS COURT OF
CRIMINAL JUDICATURE
370. (1) The Court of Magistrates shall be competent to try- (a) all contraventions referred to in this Code;
(b) all crimes referred to in this Code which are liable to
the punishments established for contraventions, to a fine (multa) or to imprisonment for a term not exceeding six months with or without the addition of a
fine (multa) or interdiction;
(c) all offences referred to in any other law which are liable to the punishments established in the preceding paragraph,
unless the law provides otherwise.
(2) The offences referred to in subarticle (1) shall still be co gn izable by th e sai d co urt n o twit hstan d in g
that , in v i ew of concurrent offences and punishments, of any previous conviction or of the applicat ion of t he p rovisions of
article 18, a punishment higher than any of the punishments mentioned in the said subarticle shall be applicable.
(3) (a) Notwithstanding the provisions of subarticle (1)(b), the Attorney General may send for trial by the said court any person charged with a crim e punishable with imprisonment fo r a
term exceeding six months but not exceeding ten years if there is no objection on the part of such person.
(b) On the record being returned to the court to try such crime, the court shall ask the accused whether he objects to his case being
dealt with summarily; the court shall, in its discretion, give a reasonable time to the accused to reply to this question.
(c) If, within the said time, the accused replies that there is no objection on his part to the case being tried summarily, the court
shall note the reply in the records of the proceedings and thereupon the c o urt sha l l bec o me compe t en t to try the accused
a n d shall proceed to give judgment forthwith, as provided in article 377.
(d) If the accused makes objection to the case being dealt with summarily, the court shall order the record of the case to be transmitted
to the Attorney General, within the term fixed in article
401(3), to be dealt with according to law. In such case the term fixed in article 432 for the filing of the indictment shall run from
the day on which the Attorney Genera l shall ha ve received the record of the case.
(e) Where the number of the accused sent for trial by the
Court of Magistrates under the provisions of paragraph (a) is two or more, the provisions of the last foregoing paragraph shall apply only in respect of any one or more of the accused who
m a kes objection to the case being dealt with summarily, and in such case the term fixed in article 432 for the filing of the indictment
shall run from the day on which the Attorney General shall have received the record of the case after the decision in each of the
cases dealt with summarily shall have become res judicata.
(f) Before asking the accused whether he objects to his case being dealt with summarily, as provided in paragraph (b), the court shall hear such further evidence as may be indicated by the Attorney General in the same note by which he sends the person
charged for trial by the said court in accordance with paragraph (a).
(4) (a) Notwithstanding the provisions of subarticle (1)(b), if the crime with which the accused is charged is punishable with imprisonment for a term exceeding six months but not exceeding
four years, the court shall, during the examination of the accused under article 392 but before he is examined under subarticle (1)(b) of that article, ask the accused whether he objects to his case being dealt with summarily; and shall give him a reasonable time
to reply to this question.
(b) If, within the said time, the accused replies that there is no objection on his part to the case being dealt with summarily, the
court shall ask the prosecuti ng of ficer whet her the Attorney General has given his consent in writing to the case being dealt
with summarily, and if no objection is raised, the court shall note this fact in the records of the proceedings and thereupon the
court s h all be come compete n t to try the ac cused and s h a l l procee d accordingly:
Provided that nothing in this subarticle shall be construed as precluding the court from proceeding with the necessary inquiry if
from the evidence it appears that a graver crime which it has no jurisdiction to try has been committed.
(5) The provisions of subarticle (2) shall apply, mutatis mutandis, to the crimes referred to in subarticles (3) and (4).
(6) The court shall also be competent to pass sentence on the party accused in the circumstances and as provided in article 392A.
(2) Nevertheless, the Court of Magistrates shall be competent to try -
(a) any crime committed by any person under eighteen years of age or by any deaf-mute where the punishment
awardable according to law does not exceed the jurisdiction of such court;
How jurisdiction is determined. Amended by:
IV. 1856.25; XI.1900.60; XII.1913.11;
XXIII.1963.3; L.N. 46 of 1965; III.1971.14;
LVIII.1974.68; XLIX.1981.4; XIII.1983.5;
VIII. 1990.3;
L.N. 407 of 2007.
opinion of the Attorney General, the grounds for the excuse appear from the record of the inquiry and the punishment awardable according
to law does not exceed the jurisdiction of such court:
Provided, in either case, that no other person is simultaneously charged with the crime, whether as principal or accomplice,
or that the crime is not otherwise connected with any other crime outside the jurisdiction of such court;
(c) any theft aggravated by "means", but not also by "violence", or by "person" or by "the
nature of the thing stolen", when the value of the thing stolen does not exceed eleven euro and sixty-five cents (11.65)
and, in the opinion of the Attorney General, the crime would be adequately punished with imprisonment for a term not exceeding
six months with or without a fine (multa).
How jurisdiction between the Courts of Magistrates is determined.
Added by: XI.1900.61. Amended by: XII.1913.12; VIII.1990.3.
Waiver of plea to the jurisdiction.
(a) by the place where the offence has been committed; or
(b) if there is only one accused person or if, there being two or more accused persons, they all reside in Malta, or all reside in
Gozo or Comino, by the place of his or their residence.
(2) If a person is charged with two or more offences committed in different Islands, such person shall be tried by the court within
the territorial jurisdiction of which the graver offence or, if the offences are of equal gravity, the greater number of offences
has been committed.
(3) If the place where the offence was committed is unknown and the accused is one, or the accused are two or more, residing, however,
within the limits of the jurisdiction of the same court, the jurisdiction shall be solely determined by the place of his or their
residence; or if the persons accused reside in different Islands, the jurisdiction as between the courts shall be determined by the
place of residence of the maj o rity of th e p e rsons accused; or if th e number of the accused residing in Malta and the number
of the accused residing in Gozo or Comino be the same, either court shall be competent to try all the accused.
(4) The plea to the jurisdiction by reason of the place where the offence has been committed or of the place of residence of the
offender may be waived, and, if not raised immediately after the statement of the facts constituting the offence, it shall be deemed
to be abandoned.
Provided that if the offence in respect of which no p r o s ecutio n may b e institut e d except on t h e complain t of the injured party, is aggravated by public violence or is accompanied with any other offence affecting public order, or if, in the absence of any such circumstances, the injured party shall fail to institute proceedings and shall not have expressly waived the right to prosecute within four days from the commission of the offence, it shal l be lawful for the Executive Police ex officio to institute proceedings in respect of the offence.
(a) the complainant and the defendant shall appear personally on the day appointed for the hearing of the complaint.
They may, however, be assisted by advocates or legal procurators;
(b) in the case of contraventions, it shall be lawful for the court, upon good cause being shown, to exempt either of the parties
from appearing personally and to permit the husband or wife or a near relative, by blood or affinity, of such party, or any other
person having the charge of such party or authorized in writing by such party, to appear instead;
(c) if neither of the parties shall appear, the cause shall be struck off the list;
(d) if for the first sitting the complainant does not appear and the defendant alone appears, the latter may demand his discharge;
(e) nevertheless, upon an application by the complainant within four days from the day on which the cause was struck off the list
or the defendant was discharged, accompanied by a declaration of the complainant himself sworn before the registrar,
to the effect that he was, on account of illness or for any other reason independent of his will, to be expressly stated
in the application, prevented from appearing, the court shall appoint another day for the hearing of the cause on the same acts;
(f) a written notice of the day appointed for the hearing of the cause shall be given to the parties and to the witnesses
within the time prescribed in article 361 and in article 441(1);
Proceedings on complaint of injured party. Amended by: XI. 1900.62;
I. 1903.20, 21; VIII. 1909.35;
VIII. 1990.3; III. 2002.82.
Exceptions.
Trial. Amended by: IV. 1856.26; XI. 1900.62; VII. 2010.29.
Parties to appear personally.
Exemptions.
Non-appearance of parties.
Non-appearance of complainant.
Court may appoint another day for hearing of cause.
Notice of day of hearing to be given to parties and witnesses.
Lapse of action. (g) in the absence of an application as aforesaid, the right of action shall lapse;
Non-appearance of defendant.
(h) if the defendant does not appear, the second part of article 364 shall apply;
Hearing of cause. (i) if both parties appear, the proceedings shall be conducted summarily and viva voce in the following order:
(i) the complainant or his advocate or legal procurator shall state the facts constituting the offence and shall
produce his evidence;
(ii) the defendant or his advocate or legal procurator shall submit his defence and shall produce his evidence;
(iii) the complainant or his advocate or legal procurator may reply, and the defendant or his advocate or legal
procurator is entitled to a rejoinder:
Provided that it shall be lawful for the court, on good grounds, to vary the order of the proceedings;
Confirmation of complaint on oath.
(j) it shall be lawful for the court to require that the complaint be made or confirmed on oath.
Proceedings by Executive Police ex officio. Amended by:
VI. 1871.30; III. 1880.2;
XI. 1900.62.
Accused to appear personally.
(a) the accused shall appear personally. He may, however, be assisted by advocates or legal procurators;
Exemption. (b) in the case of contraventions, the provisions of paragraph (b) of the last preceding article shall apply as regards the accused;
Hearing of cause. (c) the officer of the Executive Police in charge of the prosecution and the accused or his advocate or legal procurator shall
be heard in the order set out in paragraph (i) of the last preceding article;
Confirmation of report on oath.
Cross-examination of prosecuting officer by accused.
(d) it shall be lawful for the court to require that the report made by the officer of the Executive Police be confirmed
on oath;
(e) the accused may cross-examine the said officer.
(a) any plea to the jurisdiction of the court, or of inadmissibility or extinguishment of action, or of inadmissibility
of any evidence as well as any order rejecting such evidence; and
(b) where the court shall deem it expedient so to do, or where a request is made by any of the parties and the court shall see
fit to accede to such request, the substance of the evidence given by the witnesses, recording any expression having
a direct bearing on the merits of the case.
Noting down of pleas raised by accused, and of substance of evidence of witnesses. Added by:
XI. 1900.62. Amended by:
XII. 1913.13.
(2) The notes of the depositions taken down as aforesaid, if any, shall in the pres enc e of the parties be read over to the witnesses
and a mention of such fact shall be entered in the record.
(3) The non-observance of any of the provisions of subarticles (1) and (2) shall not affect the validity of the proceedings; nor
shall such non-observance be a bar to the production, where necessary, at any part or stage of the proceedings, of evidence to prove,
in the manner prescribed by law, the facts to which the said provisions refer, or to the recalling of the said witnesses.
Reading over of deposition to witnesses.
Non-observance of provisions of subarticles (1) and (2) not to affect validity of proceedings. Production of other evidence.
Recalling witnesses.
(2) Where the offence established by the evidence is one in respect of which the prosecution lies with the injured party, the
provision contained in article 403(2) shall apply.
(3) The court may, notwithstanding any punishment to which it may sentence the offender, order him to remove any nuisance or inconvenience
to which the of fence relates, or, according to circumstances, to conform with the law, within a time, sufficient for the purpose
but in any case not exceeding three months from the date of the judgment, to be fixed by the court; and, if the offender fails to
comply with any such order within the time so fixed, he shall be guilty of an offence and shall, on conviction, be liable to a fine
(ammenda) of not less than four euro and sixty-six cents (4.66) and not more than twenty-three euro and twenty-nine cents (23.29) for every
day during which the default continues after the expiration of the said time.
(4) The court shall not grant any application for the extension of the time fixed under the last preceding subarticle if such time
and the time of the extension exceed in the aggregate three months and the Police oppose such extension.
Judgment. Amended by: XI. 1900.62; I. 1903.22;
VIII. 1909.36; XII. 1913.14;
XXXIII. 1972.5; XIII. 1983.5;
III. 2002.83;
L.N. 407 of 2007.
Applicability of s.403(2).
Court may order offender to abate nuisance.
Extension of time- limit.
Abatement of nuisance by Police at the expense of offender.
(5) The court shall, upon an application to that effect by the Police at any time after that a person has been found guilty of an offence, in the event of a supervening cause or, in any other case, after the expiry of the time-limit g r anted by the court un der subarticle (3) or (4) hereof, authorise the Police to remove any n u isance or in conven i ence t o wh ich t h e offence relates at the expense of the offender, in which case the offender may be made to refund the expense under a warrant issued by the said court.
Court may allow offender to retract his words or apologize.
Presumptive evidence of gaming. Added by: XII. 1913.15. Amended by: XII. 1914.11; XI. 1977.2.
379. (1) In the case of the contravention contemplated in article 338(h), any moneys, effects, instruments or other means of gaming referred to in article 344(a) which may have been found and seized by the Police on the occasion of any search effected in any place suspected to be used in
contravention of the said article
338(h), may, until the contrary is proved, be taken as sufficient evidence that such place was actually used for the playing of games
of chance for money or money’s worth and that the persons found therein at the time of the search were playing at a game of chance
for money or money’s worth, although no play was actually going
on in the presence of the Police officers entering the same.
(2) Where any Police officer lawfully authorized to enter any place suspected to be used for the commission of the contravention
contemplated in article 338( h ) is wilfully prevented from, or obstructed or delayed in entering the same or any part thereof, or where any external or internal
door of, or means of access to any such place, shall be found to be fitted or provided with any bolt or bar or any m eans or contrivance
fo r the purpose o f preventin g, delaying or obstructing the entry into the same or any part thereof, of any Police officer authorized
as aforesaid, or for giving an alarm in case of su ch entry, or if any such place is foun d fitted or provided with any means or
contrivance for unlawful gaming, or for concealing, removing or destroying any instruments of gaming, it shall be evidence, until
the contrary is made to appear, that such place is used for the playing of games of chance for money or money’s worth, and that
the persons found therein were playing at a game of chance for money or money’s worth.
Award of costs in proceedings instituted on complaint of injured party. Amended by:
XI. 1900.63; VIII.1909.37, 38;
L.N. 407 of 2007.
Fees of advocates or legal procurators.
380. (1) In the case of proceedings instituted on the complaint of the injured or aggrieved party, including the cases referred to in
article 374(c) and (d), the court shall also decide as to the costs and, where the persons sentenced are two or more, the court shall direct whether such
costs are to be borne by them jointly or severally.
(2) The fees of the advocate or legal procurator for either party shall be taxed by the court in the judgment itself at a rate
ranging from fifty-eight cents (0.58) to one euro and forty cents (1.40) for
every sitting.
(3) The provision of subarticle (2) shall apply also in the cases referred to in article 374(c) and (d), as well as in the case where the complainant waives the action, if the advocates or legal procurators of the parties have appeared
at the trial.
(4) If more than one advocate or legal procurator appear on behalf of any of the parties, such party may only recover from the
unsuccessful party the fee of one advocate or legal procurator.
(5) Where the complaint is evidently frivolous or vexatious, it shall be lawful for the court, at the request of the defendant,
to sentence the complainant to a fine (ammenda), and in default of paymen t of such fine ( a mmenda ), the p r ovi si ons cont ai ned in article 13(2) shall apply.
(6) The registry fees shall be taxed and levied in accordance with the scale in Schedules A and B annexed to this Code.
Successful party may only recover fees of one advocate or legal procurator.
Frivolous or vexatious complaint.
Taxation and recovery of registry fees.
412C(1), it may, in passing judgment against the accused, together with any punishment to which it may sentence the offender, make
an order (hereinafter referred to as a "restraining order") which may give effect to any thing provided in subarticle (3)
of the said article 412C.
(2) A restraining order shall remain in force for such period, not exceeding three years, as specified by the court which m ay
order that such period shall com m ence to run from the date of expiration or remission of the punishment. The provisions of article
412C(6) shall mutatis mutandis also apply to a restraining order.
(3) If without reasonable excuse the offender contravenes any prohibition or restriction imposed upon him by an order under this
article, he shall be guilty of an offence and shall, on conviction, be liable a fine (multa) of two thousand and three hundred and twenty- nine euro and thirty-seven cents (2329.37) or to imprisonment not exceeding six months
or to both such fine and imprisonment.
How payment of costs may be enforced. Amended by: XI.1900.63;
VIII. 1909.39.
Requisites of judgment.
Restraining Orders. Added by: XX. 2005.17. Amended by:
L.N. 407 of 2007.
Power of court to bind over parties. Amended by: Xl.1900.64;
XII. 1913.16; XXII. 1976.4;
XIII. 1983.5; XXIX. 1990.18; XX. 2005.18;
L.N. 407 of 2007.
Amount and term of recognizance.
Commencement of term of recognizance.
(2) Such sum shall not be less than one hundred and sixteen euro and forty-seven cents (116.47) nor more than two thousand and
three hundred and twenty-nine euro and thirty-seven cents (2,329.37) according to the means of the party entering into a recognizance,
and the term of the recognizance shall not exceed twelve months.
(3) Where the offender entering into a recognizance is, in respect of the same offence, sentenced to a punishment restrictive
of personal liberty, the term of the recognizance shall commence to run from t h e day o n whi c h th e sa id pu ni shm e nt i s
serve d o r condoned.
Recognizance with surety.
Amended by: IV.1856.27; V.1868.21.
Detention in default of recognizance. Amended by: VIII. 1857.12; V. 1868.21;
IV. 1874.9; XII. 1913.17; XII. 1957.17; III. 2002.84.
Term of detention. (2) The term of detention shall not exceed twelve months.
Maintenance of person under detention.
Discharge of person bound over.
(3) The provisions of article 12(1) shall, mutatis mutandis, apply to a person detained under this article.
(4) On satisfying what is required of him, the person detained may at any time obtain his discharge.
Form of recognizance. Security may consist in deposit
of sum of money or pledge.
Amended by:
VIII. 1857.13;
III.1899.11;
XII.1913.18;
XII.1957.17.
(2) Payment may be enforced against the said person and his sureties in accordance with the provisions of article 585.
(3) The provisions of article 586 shall also apply.
(4) The recovery or payment of the said sum or the detention under article 586(1) shall not exempt the person who has made default
in ob serving the condi tions o f hi s recognizance from punishment for the offence committed by such default.
Default of observance of conditions of recognizance. Amended by: VIII. 1857.13; XI. 1900.65; XXVII. 1975.24.
Access to person under detention.
Sub-title II
OF THE COURT OF MAGISTRATES AS COURT OF CRIMINAL INQUIRY
Amended by: VIII. 1990.3.
(2) The court shall examine and reduce to writing the evidence adduced on behalf of the accused.
(3) In cases where no proceedings can be instituted except on the complaint of the injured party, the accused may, even before
he is examined, deman d the producti on of the complaint, if the com p lai n t was m a de in writi ng, or of ot her evi d ence of
th e complaint, if it was made orally.
(4) The attendance of the complainant shall not be necessary to prove the com p laint, if from other eviden ce it appears to the
satisfaction of the court that the complaint was made.
(5) If, in the course of the inquiry, the accused shall not have demanded nor the court ex officio shall have ordered the production of evidence of the complaint, the complaint shall be presumed to have been made according to law.
(6) The court may, having regard to the circumstances of the case, ex officio, order that the answers given by the witness, or the substance thereof, be taken dow n in short h an d by m e ans of
The Court of Magistrates as court of criminal inquiry.
Amended by: VIII. 1990.3.
Mode of procedure in preliminary inquiries.
Amended by: VI. 1871.31;
XIII. 1980.13.
Taking down of evidence on behalf of accused.
Accused may request the production of the complaint.
Presumptive evidence of complaint.
electromagnetic means. Shorthand notes shall be taken down in indelible ink and signed on each page by the stenographers and shall, together with the transcript, be inserted in original in the record. The electromagnetic recording shall be transcribed under the direction of the registrar and the transcript shall be inserted in th e record. In either case, the tr an scri pt m ay be handw ritt en or typewritten and shall be read over to the witness, during or after the sitting, by the registrar who shall make a note of such reading at the foot of the transcript.
Examination of witnesses. Amended by: V.1868.22; I.1903.23; XXX.1934.5; VIII.1944.2; XXXII. 1965.8; IV. 1994.11; XVI. 2006.8. Cap. 258.
Employment of interpreter.
391. (1) The witnesses shall be examined by the court. The name and surname of the witness, the name of his father and, if the witness
is a person to whom articl e 3 of the Identity Card Act applies, the number, if known to the witness, of his identity card issued under the said Act, as well as the place of birth and abode
of the witness and the language in which he shall have deposed, shall be noted down at the head of every deposition:
Provided that the court may, in exceptional circumstances and to p r o v i d e f o r th e safety o f th e wi tn ess, o mit t h e ab
ov e particulars, other than the name and surname of the witness and the language in which he shall have deposed, making a note
to that effect in the record of the proceedings.
(2) If the magistrate is conversant with the language spoken by t h e w itn ess, he m a y hi mself t r an sl ate the depo siti
on in to the language in which the writte n proceedings are conducted; otherwise, or at the request of the accused, a sworn interpreter
shall be employed.
(3) Where the witness is a minor under the age of sixteen years the witness shall be examined and cross-examined in one sitting
and his testimony shall be recorded by audio-visual means. The au dio-visu al reco rd ing shall form part of th e reco rd of the
proceedings:
Provided that for special and exceptional reasons which arise after t h e wit n ess has gi ven hi s t e sti m on y the C ourt
may authorize the hearing of the witness in a subsequent sitting.
Examination of accused. Amended by: IV.1856.28; IV.1874.10; XIII.1980.14; IV. 1994.12.
Caution to accused.
390(1), shall, without threat or promise, and without oath, be made in the following manner:
(a) the court shall ask him his name and surname, his age, his place of birth and abode, his trade, profession or calling, the
name and surname of his father and whether his father is alive or dead;
(b) the court shall ask the accused if and what he wishes to reply to the charge.
(2) Before asking any of the above questions, the court shall explain to the accused the nature of the charge preferred against
h im and shal l i n fo rm him t h at h e is no t o b lig ed to answer any question nor to incriminate himself; that he may, if he
so desires, be assisted by advocates or legal procurators and that whatever he says
may be received in evidence against him.
(3) The court shall note down at the head of the examination that the requirements of the last preceding subarticle have been
complied with.
(4) The answers shall be taken down by the magistrate in the manner provided in article 391, stating the language in which they
are given.
(5) If the accused stands mute, the court shall note down the circumstance and shall proceed with the case as if the accused had
pleaded not guilty.
Taking down of answers.
Accused standing mute.
392(1)(b), states that he is guilty of the offence charged and the said o ff e nce i s li abl e to a p u nishme nt not exc eeding ten years imp risonm ent, the p r ovi sio n s of ar ticle 4 53(1 ) shall mutatis
mutandis apply subject to the following provisions of this article.
(2) Saving the provisions of subarticle (3) and notwithstanding any other provision of this Code or of any other law, if the accused
persists in his statement that he is guilty of the offence charged the Court as a court of criminal judicature shall proceed to pass
on the accused such sentence as would according to law be passed on an accused convicted of the offence and shall order that the
record, together with a copy of the judgment, be transmitted to the Attorney General within six working days.
(3) Nevertheless, if there is good reason to doubt whether the offence ha s rea lly take n plac e at all, or whether the a ccused
is gui lt y of t h e of fence, th e co urt shal l, n o t w i t h s tan d in g th e confession of the accused, order that the inquiry
be proceeded with as if the accused had not pleaded guilty.
(4) The provisions of article 370(2) and of article 371 shall mutatis mutandis apply to proceedings under this article in respect of an offence to which subarticle (1) applies.
(5) The provisions of article 453A shall apply mutatis mutandis b e fore the accu sed replies t o the quest ion in arti cle 392(1 ) ( b ) provided that for the purpose the Attorney General shall appear for the prosecution, and a note made jointly by the Attorney General
and the person charged, and which contains the agreement reached as provided in the said article 453A, shall be sufficient for this
purpose.
Admission of guilt by the accused during the examination. Added by:
III. 2002.85. Amended by:
IX. 2003.128.
Cross-examination by the accused. Amended by:
III. 1880.3.
Noting down of points of fact submitted by accused.
witnesses and examination of accused to be signed by magistrate. Amended by: Order-in-Council of 1899, s.1.
Counter-signing of exhibits.
Powers of magistrate during inquiry.
Amended by: IX.1859.23;
V. 1868.23; XIII. 1931.2;
L.N. 4 of 1963; XXXI. 1966.2.
Examination of body.
Photographs, measurements and finger-print impressions.
Arrest of accused not in custody.
the accused shall be signed by the magistrate.
(2) The court may also, under such safeguards as it may consider necessary for the purpose of decency, examine or order
to be examined by experts any part of the body of the accused or of the party on whom or with whom the offence is alleged to have
been comm itted, i f the court is of opinion th at from such examination a proof might result either against or in favour of the
accused.
(3) The court may, moreover, at the request of the Police, order that any accused person be photographed or measured or that his
finger-prints be taken:
Provided that when an accused person, who has not been previously convicted of crime, is acquitted, all photographs (both negativ
es and prints), finger- print impressions, and reco rds of measurements so taken, shall be destroyed or handed over to the person
acquitted.
(4) The photographs, finger-print impressions and measure- ments referred to in the last preceding subarticle shall be taken
in accordance with such regulations as may from time to time be made by the Minister responsible for justice.
(5) The court may also order the arrest of the accused not already in custody.
How and where alterations, corrections, or additions may be made.
No erasures may be made.
(2) No erasure may be made in any act, nor may any blank space be left therein unless it be lined, and if it is necessary to make
any cancellation, the same shall be made in such a manner as to leave the word cancelled distinctly legible.
(3) The magistrate shall sign any such notes or cancellation.
Magistrate to sign notes, etc.
(2) The accused may, within the term of four working days from any such order, appoint some person to represent him at the
examination or process. Such term may, upon good cause being shown, be extended.
(3) The provisions of article 622B of the Code of Organization and Civil Procedure shall apply to a request for the examination of any witness under this article.
Evidence by commission. Added by: XI.1900.66. Amended by: XXXI. 2007.16.
Cap.12. Accused may
appoint person to
represent him.
Cap. 12.
Provided that the said term shall not in the aggregate be so extended to more than three months:
Provided further that unless bail has been granted, the accused shall be brought before the court at least once every fifteen
days in order that the court may decide whether he should again be remanded in custody.
(2) On the conclusion of the inquiry, the court shall decide whethe r there are or not suff icient grounds for committing
the accused for trial on indictment. In the first case, the court shall com mit the accused for trial by the Cr iminal Court, and,
in the second case, it shall order his discharge.
(3) In either case, the court shall order the record of the inquiry, t o g e th er wi th al l th e ex hi bi ts i n t h e case,
to be , wi th in th r e e working days, transmitted to the Attorney General.
(3A) Where the court has committed the accused for trial by the Criminal Court the court shall, besides giving the order mentioned
in subarticle (3), adjourn the case to another date, being a date not earlier than one month but not later than six weeks from the
date of the adjournment. The court shall also adjourn the case as aforesaid after having received back from the Attorney General
the record of the inquiry and before returning the record to the Attorney General in terms of any provision of this Code.
(4) In deciding whether there are or not sufficient grounds for committing the accused for trial on indictment the court shall
not consider any question of prescription or any plea as is mentioned in
Accused may be assisted by advocate or legal procurator.
Term for conclusion of inquiry. Amended by: VIII. 1857.14: XI. 1900.67;
L.N. 46 of 1965; III. 1973.2; LVIII. 1974.68; XXVII. 1975.40; XIII. 1980.15; III. 2002.86; XVI. 2006.9.
Committal or discharge of accused.
Record to be transmitted to Attorney General.
article 449(1)(d).
Suspension of term for inquiry,
Added by: IV. 1856.29.
Amended by: XI. 1900.67;
L.N. 46 of 1965;
XXV. 1967.2;
LVIII. 1974.68;
XXVII. 1975.40;
XXIX. 1990.19.
in case of insanity of accused,
in case of illness of accused,
in case of the taking of evidence by commission,
in case of illness of witnesses,
in case where accused cannot be found.
Appointment of experts.
Insanity at the time of the offence.
Contestation of insanity by Attorney General.
Insanity at the time of the inquiry.
(a) if it is alleged or if there is reason to believe that the accused was insane at the time of the offence or that he is insane
at the time of the inquiry;
(b) if the accused owing to illness or for any other cause, is unable to appear;
(c) if there has been any order for the examination of any witness or for any other process of the inquiry under article 399.
(2) Such terms may also be held in abeyance -
(a) if any witness is so infirm as to be unable to give evidence even in his place of abode;
(b) if the accused cannot be found and there is reason to believe that he has absconded or left Malta.
(3) In the case referred to in subarticle (1)(a), the court shall appoint one or more experts to examine the accused and the facts relating to the alleged insanity.
(4) If from the report of the experts, it appears that the accused was insane at the time of the commission of the offence, the
court shal l ord e r that th e r ecor d o f t h e inq u ir y b e t r ansm it ted to the Attorney General within the term prescribed
in subarticle (3) of the last preceding article and shall make an order as provided in article
623.
(5) If, upon receipt of the record, the Attorney General decides to contest the finding of the experts that the accused was insane,
he may, within the term prescribed in article 432(1), either send back the record to the court of criminal inquiry with a written
request that the inquiry into the merits of the case be proceeded with, or file an application before the Criminal Court submitting
the issue to that court, so that action may be taken as provided in articles 620,
627 and 628:
Provided that the Attorney General shall file such application if the accused by application to the court of criminal
inquiry m a kes a request to that ef fect before the record is transmitted to the Attorney General in terms of the last preceding
subarticle.
(6) If from the report of the experts, it appears that the accused was insane at the time of the inquiry, the court shall proceed
with the inquiry into the merits of the charge.
(7) In the cases referred to in subarticles (5) and (6), the inquiry may be continued in the absence of the accused,
and if he is not assisted by an advocate or legal procurator, the provisions of article 519 shall apply.
Inquiry may be continued in the absence of the accused.
(2) The provisions of subarticle (1) shall apply also in the case where the offence is one triable on the complaint of the injured party and such party does not appear to waive the complaint.
Terms under article
402(1) to run anew.
Added by:
XXXI. 2007.17.
When court is of opinion that offence is triable by the Court of Magistrates as court of criminal judicature.
Added by: XI. 1900.76.
Amended by: I.1903.24;
VIII. 1909.40; L.N. 46 of 1965; LVIII.1974.68;
XXVII.1975.40; VIII. 1990.3.
(2) The Attorney General shall, for such purpose, transmit to the court the record of inquiry together with the demand, stating
therein the subject on which the examination or re-examination is to take place.
(3) The witnesses shall be examined or re-examined in the presence of the accused in order that he may have the opportunity
of cross-examining them, and, for such purpose, the court shall order the accused, if in custody, to be brought up, and, if not
in custody, to be summoned to appear before it.
(4) If the accused fails to appear to the summons, the witness shall be examined and his deposition shall be considered as if it
had been taken in the presence of the accused.
Duty of Executive Police to continue investigation after discharge of accused for want of evidence.
Amended by: VIII. 1990.3.
Re-examination of witnesses or examination of new witnesses upon demand of Attorney General. Amended by:
IV. 1856.30; III. 1880.4;
VIII. 1909.41; L.N. 46 of 1965; LVIII. 1974.68.
Attorney General to forward record of inquiry together with demand.
Examination of witnesses in presence of accused.
Failure of accused to appear to the summons.
Re-examination of witnesses or examination of new witnesses upon the demand of accused. Transmission of record to court by Attorney General. Commissioner of Police to be notified.
Sending back record to Attorney General.
Commencement of term for indictment where demand for re-examination of witnesses or examination of
new witnesses is made by accused.
(5) The provisions of the preceding subarticles of this article shall apply in the case of witnesses whom the accused may wish
to examine or re-examine. In such cas e, the demand shall be communicated to the Attorney General who, not later than the day following,
shall forward to the court the record of inquiry. The court shall then cause the Commissioner of Police to be notified of the day
appointed for the hearing of the witnesses in order that he or any other Police officer may, if he so desires, appear and cross-
examine the witnesses.
(6) The depositions of the witnesses taken under this article shall, without delay, be transmitted to the Attorney General.
(7) When the demand for the examination of witnesses is made by th e accused, the term for the filing of the indictm e nt shall
commence to run from the day on which the record of the inquiry, including the depositions of the witnesses so examined, is sent
back to the Attorney General.
Application for the re-examination of witnesses or the examination of
new witnesses made after the
filing of the indictment.
Amended by: III. 1880.5;
L.N. 46 of 1965;
LVIII.1974.68:
XXVII. 1975.40;
IX. 1982.2;
VIII. 1990.3.
Application to be allowed only in certain cases. Depositions taken after expiration of period prescribed for list of witnesses, admissible at trial only with leave of court.
(2) Where the record of inquiry has already been lodged in the registry of the Criminal Court, it shall be forwarded by the registrar
to the Court of Magistrates together with the said application; and where the record is still with the Attorney General, it shall
be by him forwarded to the Court of Magistrates not later than the day fol l ow ing t h at on whi c h the last m e nti oned co urt
sha ll have co mmun i cated t o him th e ord e r of th e Cr imin al Cou r t for th e hearing of the witnesses as demanded by him
or by the accused.
(3) The Court of Magistrates shall send back the record, together with the depositions taken, to the Criminal Court, if
the record shall have been forwarded by that court, or, otherwise, to the Attorney General.
(4) The demand for the hearing of witnesses in the cases referred to in this article shall not be granted, unless the
court is satisfied that the witnesses are about to leave Malta or are in danger of life or are in such a condition as to be probably
unable to attend in court on the day appointed for the trial; and if the hearing of the witnesses takes place after the lapse of
the term fixed in article 438 for the filing of the list of the witnesses to be produced at the trial, their depositions shall not
be admissible except with the leave of the Criminal Court to be granted only if th e said court, having regard to the circumstances
of t h e case, is of opinion that th e evidence resulting therefrom is relevant.
(2) Such permission shall not be granted if the magistrate deems it prejudicial to the ends of justice.
Term within which to conclude
inquiry, in case of
contestation by
Attorney General
of insanity of
accused and in case
of fresh evidence.
Amended by:
XI.1900.68.
Access to accused during inquiry. Amended by:
XI. 1900.68;
L.N. 46 of 1965;
LVIII. 1974.68.
(2) In any such case, the officials attached to the court and taki ng part i n the inq u iry shall be bou nd no t t o d i sclo se th e proceedings thereof under the penalty provided in article 257.
When inquiry may be held with closed doors.
Added by: XI. 1900.69.
(2) On the day appointed for the hearing of the application the court shall summarily hear the applicant and the respondents and
any relevant evidence produced by them in support of their submissions and on the reasons and circumstances militating in favour
or against the lawfulness of the continued detention of the applicant.
(3) If, having heard the evidence produced and the submissions made by the applicant and respondents, the court finds that the
continued detention of t h e a pplicant is not founded on any provision of this Code or of any other law which authorises the arrest
and detention of the applicant it shall allow the application. Otherwise the court shall refuse the application.
(4) Where the court decides to allow the application the record of the proceedings including a copy of the court’s decision shall
be t r an smitted to t h e Att o rney General by not later th an the n e x t
Application by person in custody alleging unlawful detention.
Added by: III. 2002.87.
days from the receipt of the record and if he is of the opinion that the arrest and continued detention of the person released from custody was founded on any provision of this Code or of any other law, apply to the Criminal Court to obtain th e re-arrest and continued detention of the person so released from custody. The record of the proceedings and the court’s decision transmitted to the Attorney General under the provisions of this subarticle shall be filed together with the application by the Attorney General to the Criminal Court.
Amended by: VIII. 1990.3.
GENERAL PROVISIONS APPLICABLE TO THE COURT OF
MAGISTRATES WHETHER AS COURT OF CRIMINAL JUDICATURE OR AS COURT OF CRIMINAL INQUIRY
Right of complainant or his advocate or legal procurator to be present at the proceedings. Added by:
VIII. 1909.42. Amended by: VI. 1930.2;
III. 2002.88.
Examination on oath of complainant.
Police and party injured may be assisted by advocate or legal procurator.
Injured party may be present in court during sittings.
(2) Where the complainant is to be heard on oath, his evidence shall be taken before that of any other witness of the prosecution,
saving the case where, in the opinion of the court, his evidence be come s ne ce ssa ry eve n at a la ter stage of the proceedings,
or where the accused applies for such evidence at any stage of the proceedings, or where the court sees fit to vary the course of
the taking of the evidence.
(3) In any proceedings instituted by the Executive Police ex officio, it shall be lawful for the Police and for the party injured to en gage an advo cate or a l e gal pr ocurator to assist them; such
advocate or legal procurator may examine or cross-examine witnesses, produce evidence or make, in support of the charge, any other
submission which the court may consider admissible.
(4) Without prejudice to the provisions of subarticle (3) and subject to the provisions of subarticle (6), any party injured having
an interest in being present during any proceedings instituted by the Executive Police shall have the right to communicate that interest
to the police giving his or her particulars and residential address whereupon that injured party shall be served with a notice of
the date, place and time of the first hearing in those proceedings and shall have the right to be present in cou r t during t h
at and all subsequent hearings even if he is a witness.
(5) Without prejudice to the provisions of subarticle (3) and subject to the provisions of subarticle (6), any person not served
with the notice referred to in subarticle (4) and claiming to be an in j u red par t y may ap pl y to th e co ur t t o b e ad mi
tt ed in t o t h e
proceedings as an injured party and if his claim that he is an injured party is allowed by the court that person shall thereupon have
the right to be present at all subsequent hearings even if he is a witness.
(6) The failure to serve the injured party with the notice of the date of the first hearing after an attempt has been made to that
effect or the absence for any reason of t he inj ured party at any sitting shall not preclude the court from proceeding with the
trial or inquiry until its conclusion.
(2) The registrar may, in connection with the taxation of any fee, consult the magistrate by whom the offence was tried, with regard to th e i m port a nce of the ch ar ge, the durat ion of t h e proceedings and other circumst ances. The advocate or legal procurator may also apply to the said magistrate for the re-taxing of any fee within the scale in Schedule C annexed to this Code.
Taxation of fees of advocate or legal procurator in proceedings instituted by the Police.
Added by: XVI. 1921.6.
Cap. 12.
412. (1) The Court of Magistrates shall hold its ordinary sittings every day, except Saturdays, public holidays as provided in
the National Da y and othe r Public Holidays Ac t, and Wednesday and Thursday of Holy Week.
(2) Nevertheless, where the matter relates to the binding over of the offender under articles 383 and 384, or to the performance
of any act in connection with any inquest or other inquiry referred to in this Code or to any bail or to the issue of any urgent
summons or to the examination of any witness who is about to leave Malta or is in danger of life, it shall be lawful for the magistrate
to sit for the despatch of business on the days mentioned in subarticle (1) and in any place where it may be necessary.
(3) The Court of Magistrates (Malta) shall hold its sittings in Valletta and the Court of Magistrates (Gozo) shall hold its sittings
in Victoria:
Provided that it shall be lawful for the Minister responsible for justice, by notice, to fix any other place where the said courts,
as courts of criminal judicature, may hold their sittings:
Provided further that the Court of Magistrates, even as a court of criminal judicature, may hold its sittings at the Lazaretto or
in any other place that it may deem proper, if the accused or any wi tn ess is per f or m in g q uar an ti ne , an d th e cou r t
it sel f sha ll n ot deem it expedient to adjourn the cause until the expiration of the period of quarantine.
Days on which the Court of Magistrates may hold sittings. Amended by: XII.1922.2;
XXX. 1934.6; L.N. 4 of 1963; XXXI. 1966.2; XXVII. 1975.25; VIII. 1990.3;
III. 2002.89.
Cap. 252.
Exceptions.
Place of sittings.
Sec. 3 of
Ordinance II of
1867 incorporated.
person charged or accused not in custody.
Added by: III. 2002.90.
the Court of Magistrates, whether as a court of criminal judicature or as a court of criminal inquiry, is not in custody the Police
may thereupon or at any stage of the proceedings thereafter request the court to impose conditions upon the person charged or accused
in order to ensure the appearance of that person at the proceedings on the appointed time and place or to otherwise ensure that that
person
w i l l not i n any w a y unl awfu lly interfere in the correct administration of justice in those proceedings.
(2) The court may require the giving of sufficient security by th e p erson charg ed or accu sed by the mere recognizance of the
same person charged or accused in order to ensure that he abides by the conditions imposed upon him by the court and the provisions
of articles 576 and 584, shall apply to the security given under this subarticle.
(3) The sum given by way of security shall be forfeited to the Government of Malta and a warrant of arrest shall be issued against
the person charged or accused where that person fails to observe any of t he condit ions im posed by the court in pursuance of the
provisions o f thi s article and i n any of the ot her circu mstances m e nti oned in arti cle 57 9 provi ded that the p r ov ision
s of thi s sub a rticl e shall n o t appl y where the court consi d ers that t h e infringement of the condition imposed by the
court is not of serious consequence.
Application by person in custody pending criminal proceedings alleging unlawful detention.
Added by: III. 2002.90.
(2) The provisions of article 574A(2) and (3) shall mutatis mutandis apply to an application under this article.
(3) Where the application is filed in connection with proceedings pending before the Court of Magistrates as a court
of criminal inquiry before a bill of indictment has been filed and the record of the inquiry is with the Attorney General in connection
with any act of the proceedings the application shall be filed in the Criminal Court and the aforegoing provisions of this article
shall mutatis mutandis apply thereto.
(4) The provisions of article 409A(4) shall apply to a decision of the Court of Magistrates under this article.
Protection Orders.
Added by:
XX. 2005.19.
Amended by:
L.N. 407 of 2007.
may, on reasonable grounds, for the purpose of providing for the safet y of th e i n j u red person or o f ot her i ndi vi du als
o r fo r th e keeping of the public peace or for the purpose of protecting the injured person or other individua ls from harassment
or oth e r cond uct w hic h w il l ca use a fe ar of violence, issue a protection order against the accused.
(2) A protection order may impose any restrictions or prohibitions on the accused that appear to the court necessary
or desirable in the circumstances in order to give effect to any of the purposes mentioned in subarticle (1).
(3) Without limiting the nature of the orders which may be made under subarticle (1), a protection order may do all or
any of the following:
(a) prohibits or restricts the accused from approaching or following the movements of the injured person or any other individual
specified in the order; or
(b) prohibit or restrict access by the accused, for a period not exceeding six months or until final judgement, to premises in
which the injured person, or any other individual specified in the order, lives, works or frequents even if the accused
has a legal interest in those premises; or
(c) prohibit the accused from contacting or molesting the injured person or any other individual specified in the order.
(4) Before making an order, the court shall take into account: (a) the need to ensure that the injured person or other
individual specified in the order is protected from
injury or molestation; and
(b) the welfare of any children or any dependants who may be affected by the order; and
(c) the accommodation needs of all persons who may be affected by the order, in particular of the injured person, his children
and his other dependants; and
(d) any hardship that may be caused to the accused or to any other person as a result of making the order; and
(e) the accused’s willingness or otherwise to submit to such treatment as the court may deem appropriate; and
(f) any other matter that, in the circumstances of the case, the court considers relevant:
Provided that particular attention shall be given to the matters in paragraphs (a), (b) and (e).
(5) A protection order shall remain in force for a period, not exceeding three years, specified by the court, but can be revoked
or extended for further periods.
(6) A party to the proceedings in which an order has been made under this article or any other individual mentioned in the order,
may apply to the court at any time for the extension, variation or
opportunity to be heard the court shall, in determining whether to ex tend, v a ry or revo ke an order, have regard to th e m a tters
specified in subarticle (4).
(7) If without reasonable excuse the accused contravenes any prohibition or restriction imposed upon him by an order under this
article, he shall be guilty of an offence and shall, on conviction, be li ab le to a f i ne ( mu lta ) o f two thousand and three hundred and t w enty-nin e eu ro and t h irty-seven cen t s (2,329.37 ) o r t o imprisonment not
exceeding six months or to both such fine and imprisonment.
(8) The court may also order that any arm proper or arm improper, as defined in article 64, be deposited with the Court’s
registrar.
Treatment Orders.
Added by:
XX. 2005.19.
Amended by:
L.N. 407 of 2007 .
Cap. 446.
Provided that where any person is convicted with an offence, a treatment order by th e co urt may be m a de wit h or without
the consent of the convicted person and in the case of a person accused with an offence, a treatment order may only be made with
the consent of the accused.
(2) The treatment may be of any of the kinds specified in article 7(5) of the Probation Act.
(3) The provisions of article 412C(5) and (6) shall apply to an order under this article.
(4) If at any time during the period that the order is in force it is proved to the satisfaction of the court that the person has
failed to comply with any of the requirements or conditions of the order, the court may impose on such person a fine (ammenda) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1164.69).
Sub-title III
OF APPEALS FROM JUDGMENTS OF THE COURT OF
MAGISTRATES AS COURT OF CRIMINAL JUDICATURE
Added by: XI. 1900.70. Amended by: VIII. 1990.3.
(a) by the party convicted;
(b) in cases relating to summary proceedings for offences within the jurisdiction of the Court of Magistrates as a Court of Criminal
Judicature under article 370(1), by the Attorney General, and, in the cases mentioned in article 373, by the complainant where:
(i) the inferior court rules that it has no jurisdiction to take cognizance of the offence;
(ii) the fact of which the party accused has been convicted is liable to a punishment exceeding the jurisdiction
of that court as a court of criminal judicature;
(iii) the punishment awarded by the inferior court, is, by reason of its quality or quantity, different from that prescribed
by law for the offence for which the party convicted has been sentenced;
(iv) the accused or defendant is acquitted on the ground -
(i) that the fact does not contain the ingredients of an offence,
(ii) of extinguishment of action,
(iii) of a previous conviction or acquittal;
(v) the defendant, in a case in which he has been allowed to prove the truth of the fact attributed to the complainant in
accordance with the provisions of article 253, is declared to be exempt from punishment;
(vi) the Police, or, as the case may be, the complainant has not been allowed at the trial to produce, in
support of the charge, some indispensable evidence which was admissible according to law;
(vii) the party accused was released from any of the obligations referred to in article 321 of the Code of Police Laws or in article 377 of this Code, or from the observance of any of the prohibitions made, or from the observance or execution of
any of the prohibitions or orders made or given, by the Police or by any other public officer, under the Code of Police Laws
or any other law;
(c) in all other cases by the Attorney General.
Appeals from judgments of the Court of Magistrates as court of criminal judicature.
Added by: XI. 1900.70.
Amended by: I. 1903.25;
VIII. 1909.43; IV. 1916.4; XVI. 1921.7;
L.N. 46 of 1965; LVIII. 1974.68; XXXII. 1986.8;
VIII. 1990.3; III. 2002.91; IX. 2003.127;
XXII. 2005.5.
Cap. 10.
(2) Where a judgement is given in respect of several offences an d a rig h t of ap peal u nde r paragraph ( c ) of the preceding subarticle, or under any other law, is competent in respect of one of those offences, an appeal shall lie in respect
of any other of those offences within the jurisdiction of the Court of Magistrates as a court of criminal judicature under article
370(1) connected with that offence.
There is connection between offences when -
(i) the facts of the offences are substantially the same; or
(ii) an offence has served as a means for the commission of another offence; or
(iii) the proof of an offence or of a circumstance thereof has a bearing on the proof of another offence or of a circumstance thereof.
(3) Where the accused or defendant is acquitted on any of the grounds laid down in subarticle (1)(b) (iv), (v) and (vi), the court shall clearly state such ground in the judgment, in default whereof the decision shall be null, and
such nullity shall constitute a ground for appeal by the Attorney General, and, in the cases referred to in article 373, by the complainant.
Demand of Police for transmission of record of proceedings to Attorney General. Added by: XI.1900.70. Amended by:
VIII. 1909.44; XII.1913.19; VI.1947.11;
L.N. 46 of 1965; LVIII. 1974.68; III. 2002.92.
(2) In the case of judgments by the Court of Magistrates (Gozo), the copy of the judgment, together with the record of the proceedings and the notes of the depositions, if any, may be sent by post.
Appeal from interlocutory decrees. Added by:
XI. 1900.70.
(2) If no appeal lies from the definitive judgment, no appeal from any interlocutory decree shall be allowed.
(3) The voluntary execution of an interlocutory decree shall not operate as to bar an appeal therefrom.
(4) An appeal from the merits shall include an appeal from the interlocutory decrees, even though such decrees may not have been
specifically indicated.
577(1) to appear at the proceedings before the superior court when called upon by such court; and in such case t h e p r ovisions
contained in articles 579, 581, 583, 585, 586 and 587 shall apply.
(1A) Where the party convicted who is not in custody for the offence of which th at party has been convicted is sentenced to imprisonment
or detention and immediately prior to conviction that party was on bail as provided in Title IV of Part II of Book Second of this
Code the conditions attaching to that bail, including the mode of security and the sum or equivalent pledge, if any, specified in
the bail bond, shall continue to apply in addition to the security required under subarticle (1) upon obtaining a stay of execution
of the judgement as provided in that subarticle either until the lapse of the tim e for th e fi lin g o f the appeal if no app eal
i s fi led or if otherwise until the determination of the appeal.
(2) The amount of th e security shall be fixe d by the in ferior court, in accordance with the rules set out in articles 576 and 584:
Provided that where only a pecuniary penalty has been awarded, the amount of the security shall be equal to the amount of
the penalty, and in such case the court may require that the security shall be either in the form of a deposit of a sum equal to
the said amou nt or in t h e fo rm of a bank guarant ee, made o u t to i t s sati sf act io n , f o r th e said am ou nt ; b u t
t h e se cur i ty sh al l no t b e re qu ir ed except on the demand of the prosecuti on and on go od cause being shown to the satisfaction
of the court. In any such case, the security shall be ordered by the inferior court, during the time allowed for entering the appeal,
or by the superior court after the entering thereof.
(3) A declaration of appeal shall stay the execution of the judgment in regard to the party convicted who is in custody,
and such party may obtain, during the time allowed for entering the appeal and during the hearing of the appeal, his temporary
release in cases where bail may be granted under the provisions contained in Title IV of Part II of Book Second of this Code.
(3A) The failure to make a declaration of appeal as provided in subarticle (3) shall not preclude the party convicted from appealing
the judgement provided that such appeal is filed within the time allowed for entering such appeal.
(4) In no case shall the appeal entered by the Attorney General or by the complainant operate as a stay of execution of the judgment.
(5) If the party convicted, after making the declaration that he desires to enter an appeal, fails to give security as provided
in the preceding subarticles of this article, he shall be kept in custody until he gives security, or, otherwise, until the determination
of the appeal.
Stay of execution of judgment on appeal by party convicted when not in custody.
Added by: XI.1900.70.
Amended by: XII. 1914.12;
XXX.1934.7; L.N. 46 of 1965; LVIII. 1974.68;
III. 2002.93; XVI. 2006.10.
Security.
Appeal by party convicted when in custody.
Appeal by Attorney General or complainant not
to stay execution of judgment.
Default of party appealing to give security.
Form of and time for entering appeal. Added by:
XI. 1900.70. Amended by: I.1903.26;
VIII.1909.45; VI. 1947.12; XII. 1957.17;
L.N. 46 of 1965; XXV. 1967.3; LVIII. 1974.68;
XXVII.1975.40; VIII. 1990.3;
VI. 2001.2.
Provided that in the case of an appeal from a judgment of the Court of Magistrates (Gozo) the application of appeal may be filed in
the registry of that Court and transmitted th rough the registrar to the registry of the Court of Criminal Appeal together with
a copy of the judgment, the record of the proceedings and the notes of the depositions, if any, unless these have already been so
t r an smi tted i n p u rsu a nce of th e p r ov isi ons of subarti c le (2 ) of article 414; and provided also that in any case
of an appeal from such a judgment as aforesaid, all acts subsequent to the application of appeal, whether such application was filed
as aforesaid or in the registry of the Court of Criminal Appeal, may also be filed in the Court of Magistrates (Gozo) and transmitted
to the registry of the Court of Criminal Appeal as aforesaid.
(2) A person who has been discharged either absolutely or conditionally or in whose case a probation order has been made
by the Court of Magistrates may appeal from his conviction, within the time prescribed in subarticle (1), to run from the day on
which the order for discharge or the probation order is made. On any such appeal, the Court of Criminal Appeal shall have, in addition
to the powers under this sub-titl e, the po wer of am end ing, altering or cancelling any of the conditions or requirements of the
order for discharge or the probation order.
Constitution of Court of Criminal Appeal for appeals from judgments of the Court of Magistrates.
Added by: XI.1900.70.
Substituted by: XXV.1967.4.
Amended by: XXVII.1975.40; VIII. 1990.3
XXXII. 1997.3.
(2) For the hearing of appeals from decisions of the Court of Magistrates (Gozo) as court of criminal judicature the Court of Criminal Appeal shall hold its sittings in Gozo.
Contents of application for appeal.
Added by: XI. 1900.70.
Amended by: XII.1913.20; L.N. 46 of 1965;
LVIII.1974.68; I.1984.2; XXIV.1995.362;
III. 2002.94.
(a) a brief statement of the facts; (b) the grounds of the appeal;
(c) a demand that the judgment of the inferior court be reversed or varied.
(2) If the appeal is made by the Attorney General, the application shall, under pain of nullity, be signed by him,
and shall be filed directly in the superior court together with the record of the proceedings:
Provided that it shall not be a requirement for the registrar to note down the filing of the record of the proceedings.
(3) Where the appellant is not the Attorney General, the application shall be signed, under pain of nullity, by an advocate,
and shall be filed in the registry of th e court wh ich shall have pronounced the judgment appealed from. The registrar shall, within
two working days from the receipt of the application, transmit the same to the superior court, together with a copy of the judgment,
th e notes o f the depositions, if any, and th e record of the proceedings.
(4) In case of appeals from the Court of Magistrates (Gozo), the ap pli c at ion , t h e co py o f t h e j udgm ent, t h e n o
tes of th e depositions, if any, and the record of the proceedings, may be sent by post.
Provided that the failure to serve the injured party with the notice of the date of the first hearing after an attem pt has been
made to that effect or the abse nce of t h e in jured party for any reason at any sitting shall not preclude the court from proceeding
with the appeal until final judgment.
(2) Where the appellant is not the Attorney General, and the proceedings before the inferior court have been instituted by the
Police, the said notice shall be given to the Attorney General for the respondent.
(3) The injured party served with the notice of first hearing or admitted into the proceedings as provided in article 410(4) and
(5) may be present at any appeal hearing and may engage an advocate to assist him although he might not have been served with t
h e notice referr ed to in su bar ticle (1) and althou gh he m a y be a witness in the proceedings; any advocate engaged by the
injured party may examine or cross-examine witnesses and make any other submission which the court may consider admissible.
(4) Notice in writing, as provided in subarticle (1), shall also be given to the party in whose absence the appeal shall have been
put off.
Free legal aid. Added by: XI.1900.70. Amended by: XXI.1971.27; XXIV.1995.362. Substituted by: III. 2002.95.
Notice of day appointed for hearing of appeal. Added by:
XI. 1900.70. Amended by:
L.N. 46 of 1965; LVIII. 1974.68; XXIV.1995.362;
III. 2002.96.
Non-appearance of appellant.
Added by:
XI.1900.70.
Amended by:
III. 2002.97;
XIII. 2002.9.
Non-appearance of respondent.
(2) If the respondent fails to appear, the court shall hear the appellant, and shall deliver judgment according to law.
(3) Where the appellant was on bail as provided in article
416(1A) and (3) prior to the abandonment of the appeal, his request
for tem p o r ary rele ase from cu st ody m a y be m a de in the same application mentioned in subarticle (1).
Appearance of appellant when in custody.
Added by: XI. 1900.70.
When new witnesses are admissible. Added by:
XI. 1900.70.
(a) when it is proved by oath or other evidence that the party requesting the production of the new witnesses had no knowledge
of them, or could not, with the means provided by law, have produced them before the inferior court;
(b) when the evidence shall have been tendered before the inferior court, and such court shall have wrongly rejected it.
Adjournment of cause on account of non-appearance of witnesses. Added by:
XI. 1900.70. Amended by:
VIII. 1909.46;
III. 2002.98.
Expenses for summoning witnesses on behalf of party having
free legal aid.
Added by:
XI. 1900.70.
Amended by:
XXI. 1971.27.
Order of hearing of cause.
Added by: XI.1900.70.
(2) If the court finds that the offence attributed to the offender was not within the jurisdiction of the inferior court by which
it was tr ied , b ut t ha t it w as w it hi n th e ju ri sdi cti on o f an ot her in fe ri or court, the superior court shall quash
the judgment and refer the case to the competent court. But in this case the plea to the jurisdiction of the court shall not be allowed
-
(a) if it was not raised before the inferior court;
(b) if, having been raised, it was expressly or tacitly waived.
(3) If the superior court finds that the inferior court, being comp et en t t o d e al with th e case, decl ared that
it was not so competent, it shall quash the judgment, and shall proc eed to determ ine th e mer its of the cas e. The same procedure
shall be followed where the superior court finds that a breac h or a n omission of any of the formalities prescribed by the law under
pain of nullity, or otherwise substantial, has taken place.
(4) If the superior court finds that an appeal entered solely on the ground of want of jurisdiction or of any breach or omission
of formalities, is groundless, it shall make a pronouncement to that effect, and shall refer the case to the inferior court.
(5) If the appeal is entered on the ground of want of jurisdiction or of any breach or omission of formalities,
and also on the ground of a wrong judgment on the merits, the superior court, if it finds that the appeal, in so far as it is entered
on the ground of want of jurisdiction or of any breach or omission of formalities, is without foundation, shall make a pronouncement
to that effect and sh all decide on th e meri ts in accord an ce with the fo llo win g subarticle.
(6) If the appeal refers only to the merits, the superior court shall pronounce judgment either affirming or varying or reversing
the judgment appealed from.
(7) If the appeal is made only by the party convicted, the punishment may not be increased.
(8) The Registrar of Courts shall, within twelve working days, transmit to the inferior court, a copy of the judgment affirming,
varying or reversing the judgment appealed from.
(9) Where the inferior court is the Court of Magistrates (Gozo), the copy of the judgment may be sent by post.
Powers of appellate court. Added by: XI.1900.70. Amended by: XII.1913.21; I.1938.2;
VIII. 1990.3; XXIV.1995.362;
III. 2002.99.
Registrar to transmit to inferior court copy of judgment of appellate court.
court. Added by: XI.1900.70. Amended by: VIII. 1909.47; XXIV.1995.362; III. 2002.100;
L.N. 407 of 2007.
by whom the costs, both of the first court and of appeal, are to be borne, and shall fix the fees due to the advocate for either party
in the appeal in the m anner provide d in subarticle (2) of the said article in a sum varying from fifty-eight cents (0.58) to one
euro and forty cents (1.40) for every sitting. The payment of the said costs may be enforced before the inferior court in the same
manner as provided in article 381.
Frivolous appeals. (2) In all cases it shall be lawful for the superior court, if it considers the appeal to be fri vol ous, to sentence the appell
ant besides to the payment of costs, where applicable, to the payment of aa fine (ammenda) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94).
(3) In default of payment of the fine (ammenda) referred to in subarticle (2), the provision contained in article 13(2) shall apply.
(4) The fees payable in respect of appeals in cases of proceedings where the prosecution lies with the injured
party or with the persons mentioned in article 542, as provided in article
373, shall be taxed in accordance with the scales in Schedules A
and B annexed to this Code, and shall in all cases be levied by the
Registrar of Courts.
Duties of Attorney
General.
Amended by:
L.N. 46 of 1965;
LVIII.1974.68;
XXVII.1975.26, 40.
Title III
OF THE ATTORNEY GENERAL
(2) The Attorney General shall indict in the name of the Republic of Malta, and shall proceed ex officio independently of an y complaint of th e i n jured part y, ex cept i n cases where, acc ordi ng to l aw, no prosec uti on m ay be in sti tu ted wi th ou t the complaint of the injured party.
Commencement of functions of Attorney General. Amended by: XII.1913.22;
L.N. 46 of 1965; LVIII.1974.68;
VIII. 1990.3; III. 2002.101.
Access to accused. (2) From the day referred to in subarticle (1) and until the indictment is filed, access to the person accused, if in custody, may only take place with the permission of the Attorney General. The provisions of article 408(2) shall apply to such permission.
Provided, however, that where such longer period extends beyond forty days, the accused shall have the right to be released on bail.
(2) If the record of inquiry is found to be defective through the non-observance of any of the pr ovisions of this Code or of
any other law relating to such inquiry, the Attorney General may send back the record to the court from which it was received, together
with a demand in writing that the court proceed afresh with the inquiry or that the record be rectified, according to circumstances,
pointing out the defect and the relative provisions of this Code or of such other law.
(3) The court shall, within the term of five working days to run from th e day on which th e record was sent back as aforesaid,
(which term may, upon a demand in writing by the court and on a just cause being shown, be extended by the President of Malta to
a further period of five working days), conclude the fresh inquiry or rectify the record, and shall send the same to the Attorney
General; and in such case the term for filing the indictment shall commence t o ru n fr om th e d a y on w h i c h th e A t t o r
n ey G e neral sh all h a ve received the record of the fresh inquiry or the record as rectified.
(2) The Attorney General may also withdraw an indictment already filed, by making in court a declaration to that effect.
(3) Finally, the Attorney General may, within one month from the day on which the record of inquiry shall have been transmitted
to him, apply to the Criminal Court for the issue of a warrant for the arrest of any person discharged by the Court of Magistrates.
The prov isi ons of subarti c l e s (3 A) and (3B) shal l apply to an application made under this subarticle.
Term for filing indictment. Amended by: IV.1856.31;
XI. 1900.71;
L.N. 46 of 1965;
LVIII.1974.68;
XIII.1980.16;
XXIX. 1990.20.
Enlargement of
term.
Power of Attorney General to send back record of inquiry.
Term for completing fresh inquiry or for rectifying record of inquiry.
Power of Attorney General to discharge person accused,
Amended by: IV.1856.32;
L.N. 46 of 1965; XXV.1967.5; LVIII. 1974.68;
XXVII.1975.40; XIII.1980.17;
VIII. 1990.3; VI. 2007.4.
to withdraw indictment,
to arrest person discharged by the Court of Magistrates.
*See transitory provision in article 5 of Act VI of 2007 as regards the amendments to this article.
Power of Attorney General, in cases where he is of opinion that the offence is triable by the Court of Magistrates.
Power of court to hear further evidence.
of the hearing.
(3B) Where the Criminal Court is of the opinion that there are sufficient grounds for an indictment to be filed against the person
discharged it shall forthwith issue a warrant for the arrest of that person; and in such case the term for filing the indictment
shall commence to run from the day of the arrest.
(3C) Where the person discharged fails to make an appearance at the hearing without good cause the Court shall order his arrest in
order to appear for the hearing of the application..
(4) In all cases referred to in the preceding subarticles of this article, the Attorney General shall make a report to the President
of Malta stating the reasons for his action.
(5) Nevertheless, if, on account of the absence of circumstances constituting an offence within the jurisdiction
of the Crimi nal Cou r t, the Attorney Gen e ral decides not t o fil e an indi ctment agains t the accus ed, but is of opinion
th at from the inquiry there might result an offence within the jurisdiction of the Court of Magistrates, he shall not discharge
the accused, but shall send back the record of inquiry to that court, and that court shall decide upon the charge of such offence,
independently of all other circumstances.
(6) Before convicting or acquitting the accused or before giving any other direction within its jurisdiction as court of
criminal judicature, the court shall have power, on the charge of such offence, to hear further evidence whether against or on behalf
of the accused.
Liability to further proceedings on fresh evidence. Amended by:
L.N. 46 of 1965; LVIII.1974.68;
VIII. 1990.3.
Definition of
"fresh evidence".
The expression "fresh evidence" means evidence which at the t ime of the d i scharg e of the accu sed , did not exist, o r w as not known to those who were entitled to prosecute.
Power of Attorney General on collection of further evidence. Amended by: IV.1856.33;
L.N. 46 of 1965; LVIII. 1974.68;
VIII. 1990.3.
Provided that he may not include in the indictment any charge for any offence, not founded on the said inquiry.
(2) Where as a result of such further evidence collected as a f oresaid, the Attorney Genera l becomes aware of s o me
other offence not included in the inquiry, he shall send back the whole record to the Court of Magistrates, and such court shall
continue the inquiry and shall proceed in respect of such other offence. In any such case the terms for the co ncl u sio n
of th e i nquiry, the
transmission of the record and the filing of the indictment shall commence to run anew, the first term commencing from the day on
which the record is sent back to the Court of Magistrates.
(3) Where such other offence not included in the inquiry as aforesaid shall be altogether separate and distinct from the offence
or o ffences includ ed in t he inqu iry, a new and separate inq uiry shall, on the demand of the Attorney General, be held in regard
to such other offence.
(4) Any demand of the Attorney General under the provisions of this article shall be made in writing.
435A. (1) The provisions of article 4 of the Act shall apply mutatis mutandis where the Attorney General has reasonable cause to suspect that a person is guilt y of a relevant offence and the provi sio ns o
f the said ar ticle 4 shall appl y to any investigation order or attachment order applied for or issued by virtue of this subarticle
as if it were an investigation order or attachment order applied for or issued under the same article 4 of the Act and in particular,
the provisions of subarticles (12) and (13) of the said article 4 shall also apply to any investigation for a relevant offence by
virtue of this subarticle.
(2) The provisions of article 5 of the Act shall apply mutatis mutandis where any person is charged with a relevant offence and
the provisions of article 6 of the Act shall apply to any order issued by virtue of this subarticle as if it were an order issued
under the said article 5.
(3) In this article the expressions "the Act" and "relevant offence" shall have the meaning assigned
to them respectively by article 23A(1).
Special powers of investigation. Added by:
III. 2002.102.
(2) Where a monitoring order has been made or applied for, whosoever, knowing or suspecting that the monitoring is taking place
or has been applied for, discloses that such monitoring is taking place or has been applied for or makes any other disclosures
likely to prejudice the monitoring operation shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding twelve thousand euro (12,000) or to imprisonment not exceeding twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this subarticle, it shall be a defence for the accused to prove that he
did not know or suspect that the disclosure was likely to prejudice the monitoring operation.
Issuing of monitoring order of banking operations.
Added by: XXXI. 2007.19.
Amended by: VII. 2010.30.
act o r omission wh ich if committed in these islands, or in corresponding circumstances, would constitute an offence liable to the punishment of imprisonment or of detention for a term of more than one year.
Temporary surrender of person in custody to foreign country. Added by:
XXXI. 2007.19.
(2) The person surrendered shall be kept in custody in the place outside Malta to which he has been surrendered.
(3) Any time spent in custody in the place outside Malta shall be deemed to be time spent in custody in Malta.
Powers of investigation in connection with offences cognizable by courts outside Malta.
Added by:
III. 2002.102.
Amended by:
XXXI. 2007.20.
Cap. 101.
435B. (1) Where the Attorney General receives a request made by a judicial, prosecuting or administrative authority of any place outside
Malta or by an international court for investigations to take place in Malta in respect of a person (hereinafter in this article
and in article 435BA referred to as "the suspect") suspected by that authority or court of a relevant offence, the Attorney
General may apply to the Cr iminal Co urt f o r an inv e stigati on order or an attachment order or for both and the provisions of
article 24A of the Dangerous Drugs Ordinance, hereinafter in this title referred to as "the Ordinance", shall mutatis mutandis apply to that application and to the suspect and to any investigation order or attachm ent order made by the court as a result of
that application.
(2) The phrase "investigation order" in subarticles (2) and (5) of the s a me a r tic l e 24A of the Ordinanc e shall
be read and con s tr u e d as i n cl ud i n g an in vest ig at io n or der m a de un d e r t h e provisions of this article.
(3) The phrase "attachment order" in article 24A(6A) of the Ordinance shall be read and construed as including an attachment
order under the provisions of this article.
Issuing of monitoring order of banking operations.
Added by: XXXI. 2007.21. Amended by: VII. 2010.31.
435BA. (1) Where the request referred to in the preceding article is made for the purpose of monitoring the banking operations being carried
out through one or more accounts of a person suspected of a rel e v a nt o ffe nce w i t h i n th e m ean in g of arti cle 4 3 5
A A ( 3), t h e Attorney General may apply to the Criminal Court for a monitoring order and the pro v ision s of article 43 5AA sh
al l apply mut a tis mutandis.
(2) Where a person or authority has been indicated by the Attorney General as provided under article 435AA, that person
or au thority shall transmit th e informati on result ing from the monitoring operation to the Attorney General.
or being carried out in Malta at the request of a judic i al, prosecuting or administrative authority of that State.
(2) The provisions of article 30C of the Dangerous Drugs Ordinance shall apply mutatis mutandis to a person temporarily surrendered to Malta under subarticle (1).
Temporary surrender of person in custody to
Malta. Added by: XXXI. 2007.21.
Cap. 101.
(2) The person surrendered shall be kept in custody in the place outside Malta to which he has been surrendered.
(3) Any time spent in custody in the place outside Malta shall be deemed to be time spent in custody in Malta.
Temporary surrender to foreign country of person in custody in Malta at request of foreign authority.
Added by: VII. 2010.32.
435C. (1) Where the Attorney General receives a request made by a judicial, prosecuting or administrative authority of any place outside
Malta or by an international court for the temporary seizure of all or any or the moneys or property, movable or immovable, of a
pe rson (h erei nafter in th is arti cle referred to as "the accused") charged or accused in proceedings before the courts
of that place or before the international court of a relevant offence, the Attorney General may apply to the Criminal Court for an
order (hereinafter in this title referred to as a "freezing order") having the same effect as an order as is referred to
in article 22A(1) of the Ordinance, and the provision of the said article 22A shall, subject to the provisions of subarticle (2),
apply mutandis mutandis to that order.
(2) The provisions of article 24C(2) to (5) of the Ordinance shall apply to an order made under this article as if it were an order
made under the said article 24C.
(3) Article 22B of the Ordinance shall also apply to any person who acts in contravention of a freezing order under this article.
Freezing of property of person accused with offences cognizable by courts outside Malta.
Added by:
III. 2002.102.
Amended by:
XXXI. 2007.22.
made by courts outside Malta following conviction for offences cognizable by those courts. Added by:
III. 2002.102. Amended by:
III. 2004.76.
of any property of or in the possession or under the control of any person convicted of a relevant offence shall be enforceable in
Malta in accordance with the provisions of article 24D(2) to (11) of the Ordinance.
(2) For the purposes of this article "confiscation order" includes any judgement, decision, declaration,
or other order made by a court whether of criminal or civil jurisdiction providing or purporting to provide for the confiscation
or forfeiture of property as is described in subarticle (1).
(3) For the purposes of this article and of articles 435B and
435C:
"the A ct " and "the Ord inances" shall have th e sam e meaning assigned to them respectively by article 23A(1);
"relevant offence" mea ns an offence consisting of any act or omission which if committed in these Islands, or in corresponding
circumstances, would constitute an offence, othe r than a crime under the Ordinances or under the Act, liable to the punishment
of imprisonment or of detention for a term of more than one year.
Controlled deliveries and joint investigations with the competent authorities of other countries.
Added by:
IX. 2003.128.
Amended by:
III. 2004.77;
XXXI. 2007.23.
Cap. 101.
For the purposes of this subarticle a "controlled delivery" shall mutatis mutandis have the same meaning assigned to it by article 30B(2) of the Dangerous Drugs Ordinance sohowever that the illicit or suspect consignment referred to in that subarticle may for the purposes of this subarticle consist of
anything whatsoever and that the consignment may be int e rcept e d and allo wed to continue with the original contents intact or
removed or replaced in whole or in part.
(2) With the same objective of identifying persons involved in the commissions of a criminal offence under the laws of Malta or
under the laws of another country, it shall also be lawful for the Attor ney General to authorise the Execu tive Police or a person
und er the superv ision or direc tion of the Ex ecutive Police, to acquire or procure an illicit or suspect consignment of anything
from any person or place.
(3) Pursuant to any arrangement, including any treaty, convention, agreement or understanding, to which Malta is a
party or which is otherwise applicable to Malta, the Attorney General may authorise the competent auth orit ies of an ot her co
un try to conduct in Malta, jointly with or under the supervision or direction of the Executive Police, investigations into criminal
offences by officers acting under covert or false id entity, pr ov ided that the Attorney General is satisf i ed of the true
id entity and offici al
capacity of the officers in question and is fully informed of the nature of any documents which purport to guarantee, certify or
authenticate the false identity assu med by an y such officers. Notwithstanding the provisions of any other law the making or use
of such documents by the said competent authorities or by such offi cer s fo r t he pu rp os e o r in th e course of such investigations
authorised as aforesaid shall be deemed to be lawful and shall not entail any liability, civil, criminal or otherwise, on the part
of such authorities or officers.
(4) Any official from another country taking part in any of the operations referred to in subarticles (1) to (3), both inclusive,
shall, for the purpose of any criminal liability incurred under this Code or any other law by that official or by others for conduct
against that official, be deemed to be a public officer.
(5) The provisions of subarticle (4) shall apply mutatis mutandis to any official from another country taking part in any operation in Malta of the kind referred to in subarticle (3) even if none
of the officers taking part in the operation is acting under covert or false identity.
(6) For purposes of this article "competent authorities of ano t her country" and "off icial fro m another
count ry" sh all be construed as including officials of bodies set up pursuant to the Treaty on European Union as defined in
article 2 of the European Union Act.
(7) Where the Attorney General has authorised the setting up of a joint investigation team as provided in subarticle (3), the foreign
officials participating in the said investigation shall be entitled to be present when investigative measures are being taken and,
if so authorised by the competent officer of the Executive Police, to take investigative measures.
Cap. 460.
Title IV
OF THE CRIMINAL COURT
(2) The jury shall decide on any matter touching the issue as to whether the accused is guilty or not guilty and on any collateral
Amended by: XXVII. 1975.40.
Constitution of Criminal Court. Amended by:
IX. 1857.1; V.1868.24;
Order-in-Council
of 1899, s.3;
XI. 1900.72,73;
I. 1903.27;
II. 1914.3;
XVI. 1929.3;
XVI. 1932.2;
XV. 1937.6;
XXV. 1967.6;
XXVII.1975.40;
XIII. 1987.4.
Attributions of jury and of court.
Further powers of court.
as declared by the jury, as well as on all other points of law or of fact relative to the proceedings.
(3) It shall also appertain to the court -
(a) to maintain good order during the sitting; (b) to conduct the hearing;
(c) to do, in matters which are not prohibited or prescribed by law under pain of nullity, whatever it may, in its discretion, deem
necessary for the discovery of the truth.
(4) The court shall also be competent to try and determine offences which, although of an inferior jurisdiction, are
brought before the court either because they are connected with a graver offence preferred in the indictment or because they are
committed by the same person indicted for such graver offence.
(5) The court shall also be competent generally to try and determine any offence of an inferior jurisdiction and to apply
the measures referred to in articles 377, 378, 383, 384 and 385 if, upon tri a l , th e accused i s conv icted o f any mi nor of
fen c e w h ether preferred or comprised or involved in the indictment, or if such measures become necessary.
(6) Notwithstanding any other provision of this Code and subject to the provisions of the following subarticles of this
article, the accused may, not later than ten days after the date of service of the notice referred to in article 438(6) or of the
order referred to in article 620(4), file a note in the registry of the court opting that a j u ry be n o t i m p a n e lled for
th e trial o r for the decision of any collateral issue under Title VII of Part II of Book Second of this Code, and an o fficial
copy of such note sh all be served on the Attorney General:
Provided that this subarticle shall not apply for the trial of the offence where the punishment demanded in the indictment is of imprisonment
for life.
(7) The provisions of subarticle (6) shall not apply to the accused who has made the objection mentioned in article 370(3)(d).
(8) Where charges against two or more persons are joined in the same indictment and not all the accused have filed the note referred
to in subarticle (6), the trial of the accused who has opted that a jury be not impanelled for his trial shall take place after that
the trial of the cause of the other accused who has not filed such note has become res judicata.
(9) Where the option is exercised as provided in subarticle (6) the court shall consist of one of the judges sitting without a
jury, and the provisions of this Title and of Sub-title I of Title II and of Ti t l e V of Part I of Book Seco nd o f this Code
shall mu tatis mutandis apply.
(2) The court, before granting the permission applied for, shall hear the Attorney General in the absence of the accused and with cl osed d o o r s . Th e co ur t sh al l n o t g r an t per missi o n un less it is satisfied that such access will not be prejudicia l to the ends of justice.
Access to accused.
Amended by:
V. 1868.25;
L.N. 46 of 1965;
LVIII. 1974.68;
IX. 1982.2.
(2) The accused shall, by means of a note to be filed in the registry of the court not later than fifteen working days from the
date of such service -
(i) give notice of any pleas referred to in article 449 and any plea regarding the admissibility of evidence which he intends
to raise, and
(ii) indicate the witnesses and produce the documents and other exhibits which he intends to use at the trial,
and an official copy of such note shall be served on the Attorney
General.
(3) The Attorney General shall, by means of a note filed in the registry of the court not later than five days from the date of
service of the note filed by the accused, give notice of any plea regarding the admissibility of evidence which he intends to raise.
(4) On the expiration of the time referred to in the preceding subarticle, the court shall appoint a day for the hearing of all
the pl eas and shall on that day direct the registrar to read out the indictment, and shall then proceed to determine such pleas
before the accused pleads to the general issue of guilty or not guilty:
Provided that the court may ex officio or on the application of the Attorney General or th e accused request that the proof intended to be established by the witnesses,
documents or exhibits be stated.
(5) If no pleas have been raised as provided in subarticles (2) and (3), or after the determination of such pleas, the court
shall appoint a day for the hearing of the trial.
(6) The accused shall be served with a notice of such date allowing a term of at least twenty days to prepare his defence.
The court may, on good cause b e ing shown, and after hearin g the Attorney General, extend such term to any further period as it
may deem fit.
(7) If, on the day appointed for the hearing of the trial according to subarticle (5), or on any other day thereafter
appointed for the same purpose, the t r ial is adjourned to anot her day on account of the fact that the accused, without ju st
cause, and notwithstanding that he had been given notice according to law of the day appointed, fails to appear, or on account of
the fact that
Service of indictment on accused. Amended by: L.N. 46 of 1965; LVIII. 1974.68; III. 1976.2. Substituted by: LIII. 1981.2. Amended by:
IX. 1982.2; XIII. 1987.5;
III. 2002.103.
attributable to the accused and which the Court determines not to be a just cause, all the expenses incurred shall be charged to the
accused, and it shall be lawful for the court, at the request of the Attorney General, to compel the accused to pay the same.
(8) The accused may waive his right to such term.
Order of hearing of causes.
Provided that it shall be lawful for the court, if it sees good reason for so doing, to postpone the trial of a cause which is next in rotation, and proceed to try another cause.
Accessibility of record of inquiry, etc.
Amended by: IX.1857.2;
III.1880.6; XI.1900.74;
L.N. 46 of 1965; LVIII.1974.68; LIII.1981.3.
Preservation of documents, etc., by registrar.
Inadmissibility of witnesses, etc., without leave of court.
When leave is granted.
(2) The registrar shall take the necessary precautions for the preservation of all the documents, exhibits, and record in the state
in which they are at the moment in which they are filed.
(3) No witness, document or exhibit, which is not indicated in the lists or filed as provided in article 438, may be produced at
the trial, without special leave of the court.
(4) Leave shall only be granted if the evidence is considered to be relevant, and the Attorney General or the party accused shall
not have been prejudiced by the omission from the said list or by the default of filing within the term specified in article 438.
Powers of court. (5) Nevertheless, if in the course of the trial, the necessity or utility shall arise of examining any witness or of having for
actual inspection any document or exhibit not indicated in the list of any of the parties, the court may ex officio cause such witness to be called and examined, or cause the document or exhibit which was not indicated in the list, to be produced.
Summoning of witnesses. Amended by: IX. 1859.24;
V. 1868.26; XI. 1900.75;
L.N. 46 of 1965; LVIII. 1974.68; VIII. 1990.3;
XXIV. 1995.362; III. 2002.104.
Service of subpoena.
Provided that in the case referred to in subarticle (5) of the last preceding article, a witn ess may be summoned to appear forthwith
or at a given time during the same day.
(2) A subpoena is served by the delivery of a copy thereof to the wi tness, or if he cannot conveniently be m e t with, then by
leaving such copy at his usual place of abode.
(3) If the place of abode of the witness is in the Island of Gozo or of Comino, the Registrar of Courts may send, even by post,
the
copy of the subp oena to the officer in charge of the Court of Magistrates (Gozo), for servic e on the witness; and the officer effecting
service, shall deliver a certificate of such service, duly sworn, to the officer in charge of the Court of Magistrates (Gozo), who
shall transmit it, even by post, to the Registrar of Courts.
(4) Whosoever being duly subpoenaed to give evidence or to give his opinion as an expert shall fail to appear in court at the time
fixed in the subpoena, or, having appeared, shall leave before he is dismissed, shall be liable to be sentenced by the court to
a fine (ammenda) and shall be liable to be compelled to appear to give evidence by means of a warrant of escort or of arrest.
(5) If, on account of the non-appearance of a witness, the trial is adjour ned to an other d ay, al l the exp en ses incur r ed
shall be charged to the witness, and it shall be lawful for the court, at the request of the Attorney General or the accused, to
compel such witness to pay the same:
Provided that it shall be in the power of the court, at any time, on just cause being shown, to remit the fine (ammenda) and also the expenses.
Non-appearance, etc., of witnesses.
(6) It shall be in the power of the court, if it is of opinion that the evidence of the witness, who left before he had been dismissed, is important for the ends of just i ce, to di scharg e the jury and adjourn the trial to another day.
Power of court to discharge jury.
(2) If the accused is not in custody, he shall be required to appear by means of a summons, and, in case of his non-appearance,
an order shall be made for his arrest; if he is in custody, he shall be brought to the said place in such manner as may be necessary
in order to prevent his escape.
(3) If the accused attempts acts of violence, all necessary measures shall be taken to prevent such acts.
Allowances to witnesses on behalf of accused
admitted to free legal aid.
Amended by: XXI.1971.27.
Trial. Place of the accused in Court. Amended by: IV.1856.34;
IV. 1894.1, 2; XXX. 1934.8;
XV. 1937.7.
Summons to accused when not in custody.
Misbehaviour of accused.
Place of witnesses during the trial. Amended by: V.1868.27;
L.N. 46 of 1965; LVIII. 1974.68;
III. 2002.105.
yet examined:
Powers of court. Provided that the court may, with the consent of the Attorney General and the accused, permit any witness to remain in court during the trial:
Provided further that the court may, notwithstanding the objection of either party, grant such permission to witnesses giving professional or expert evidence, if the cou r t i t self d e em s it expedient for the ends of justice that such witnesses should hear the depositions of other witnesses.
If accused appears without counsel.
Challenge of judge. Plea to be raised and determined before the reading out of indictment. Amended by:
IV. 1856.35; IX. 1857.3;
Order-in-Council of 1899, sec. 4; XVI. 1929.4;
XVI. 1932.3; L.N. 46 of 1965; XXV. 1967.7;
LVIII. 1974.68; LIII. 1981.4;
IX. 1982.2;
III. 2002.106
Grounds of objection to or of abstention by judge.
Cap. 12.
Form of declaration of abstention.
Declaration may be made in writing before day of hearing,
or orally on day of hearing.
Issue to be decided before the reading out of indictment.
(2) The judge may not be objected to by the Attorney General or by the accused, nor may he abstain from sitting in any case,
except for any of the causes referred to in article 734 of the Code of Organization and Civil Procedure, or on the ground that the offence was committed against himself, his spouse, or any person related to him by consanguinity or affinity
in any of the degrees referred to in paragraphs (a) and (b) of the said article.
(3) The judge who, previously to the reading out of the indictment, is aware of the existence in his respect of any of
the causes for which he might be objected to or might abstain from sitting, shall make a declaration of his abstention stating the
cause.
(4) The said declaration may be made in writing previously to the day appointed for the hearing of the cause, in which case notice
thereof shall be given to the Attorney General and to the accused, a nd the abstention shal l be deemed to be by them accepted,
if, within two days from the said notice, neither of them shall make a declaration, by means of a note, to the effect that he intends
to oppose the same.
(5) The said declaration may also be made orally on the day of the hearing, in which case any objection thereto shall be raised
immediately after such declaration.
(6) Upon any challenge, or objection to abstention, as aforesaid the court shall decide the issue previously to the reading out
of the indictment.
(7) After the reading out of the indictment, the judge may not be challenged, nor may he abstain from sitting, except where the
cause for objection or abstention becomes known after the reading of the said indictment.
(8) The judge, notwithstanding the existence in his respect of any cause for objection, or notwithstanding his abstention, shall
nevertheless be competent, like the judge surrogated in his stead, to issue and sign any summons or writ, and to give any decree
or order which m a y be requ ired , prev iou s l y t o th e read ing out of th e indictment, or after judgment is delivered.
No challenge or abstention may be allowed after the reading out of indictment.
Power of judge notwithstanding challenge or abstention.
(2) If every one of the judges is, for any of the causes referred to in the last preceding article, precluded from sitting, it
shall be lawful for the President of Malta to surrogate acting judges.
(3) An acting judge shall, on being surrogated, take the oaths prescribed in ar ticle 10 of the Cod e of O rgani zati on and Civil
Procedure.
(4) A judge surrogate may also be objected to for any of the said causes.
Surrogation in the person of a judge. Amended by:
IV. 1856.36; XIII.1964.26;
L.N. 46 of 1965; LVIII.1974.68; XXVII. 1975.40.
Oath of office by judge surrogate. Cap. 12.
Grounds of challenge to apply to judge surrogate.
438, the court shall direct the registrar to read out the indictment.
449. (1) The following pleas, that is to say: (a) plea to the jurisdiction of the court;
(b) plea of nullity of or defect in the indictment;
(c) plea of extinguishment of action;
(d) plea of "autrefois convict" or "autrefois acquit";
(e) plea of insanity of the accused at the time of the trial; (f) plea of insanity at the time of the offence or any plea
relating to any other point of fact which excludes the
imputability of the accused or in consequence of which the trial should not take place at the time, or at any future time; and
(g) saving the provisions of article 446(1), any other preliminary plea,
may only be raised if notice thereof has been given as provided in article 438(2):
Provided that the court may authorise such pleas to be raised for a reason which arises after the time within which the note
referred to in article 438(2) is to be filed in the registry of the court.
(2) Deleted by III. 2002.107.
(3) Nevertheless, the pleas mentioned in subarticle (1), with the
Reading out of indictment to accused. Substituted by: LIII.1981.5.
Pleas to be raised and determined after the reading out of indictment. Amended by:
IV. 1856.37; IX. 1857.4;
V. 1868.28;
VI. 1871.32,33;
XI. 1900.76;
L.N. 46 of 1965;
XXV. 1967.8;
XXVII. 1975.40;
III. 1976.3;
XIV. 1976.2;
LIII. 1981.6;
III. 2002.107.
Want of jurisdiction and nullity of indictment may be raised by court ex officio.
exception of the plea of challenge of the judge or the plea of defect in the indictment, may be raised after the verdict of the jury
and before judgment, if th e n e cessity ari s es from any fact or circumstance of fact expressly found by the jury.
(4) Any point of fact which, without excluding the imputability of the accused or without excluding his capacity to plead, is a
bar to his undergoing punishment, may be raised even after the verdict of the jury.
(5) The want of jurisdiction of the court and the nullity of the indictment may also be raised by the court ex officio, either before the accused answers to the charge, or after the verdict of the jury:
Provided, however, that, after the verdict of the jury, the indictment may only be annulled in either of the following cases:
(a) if the indictment does not contain, in substance, a statement or description of the offence as stated or described
in the law;
(b) if the fact stated in the indictment does not constitute, in substance, the offence stated or described in such indictment.
(6) Where it is decided that the court has no jurisdiction or that the indictment is nu ll , the accused shall be placed again
in the co ndit i on in which he st ood prev iously to the fil i ng of the indictment. But where the plea of extinguishment of action
or the plea of "autrefois convict" or "autrefois acquit" is allowed, the accused shall be acquitted.
Question to accused on general issue.
Rules respecting deaf-mutes, etc. Amended by: VIII. 1857.15; XXX. 1934.9.
(2) If the accused is a deaf-mute and is unable to write, the court shall ex officio appoint as interpreter some person familiar with him, or some other person able to understand him.
(3) If the accused is dumb, but not deaf, the explanation and question shall be made to him in the same manner as to any other
accused. If he is able to write, he shall answer in writing; but if he is unable to write, an interpreter shall be assigned to him.
(4) It shall be lawful for the court, whenever it shall deem it expedient, to apply the said provisions, respecting deaf-mutes,
to an accused who is deaf only.
(2) Nevertheless, it shall be lawful for the court to appoint any person employed in the service of the court to act as interpreter,
if it appears to its satisfaction that sufficient inquiries have been made and that no othe r pe rson suitable to act as inte rpreter
could be found.
(3) The person appointed to act as interpreter, if he is not in the building in which the court is sitting, shall be summoned by
means of a subpoena.
(4) Any person residing in Malta, who, being appointed to act as interpreter, shall, without a just cause, fail to appear at the
time an d place appoin t ed by the court, or shall refuse to act as interpreter, or shall leave the court before he is dismissed,
may be dealt with as a witness who fails to appear to give evidence, or who, having appeared, refuses to give evidence, or leaves
the court before he is discharged.
(5) The provision contained in article 633(2) shall apply if the interpreter is the husband or wife of the accused, or is related
to the accused by consanguinity in any of the degrees mentioned in that article, or if other particular circumstances occur.
(6) The interpreter appointed by the court, if he is not a person employed in the service of the Government, shall be entitled
to a remuneration to be fixed by the court according to circumstances.
Appointment of interpreter. Amended by:
V. 1868.29; XVI. 1932.5; L.N. 46 of 1965;
LVIII. 1974.68.
(2) Nevertheless, if there is good reason to doubt whether the offence ha s rea lly take n plac e at all, or whether the a ccused is gui lt y of t h e of fence, th e co urt shal l, n o t w i t h s tan d in g th e confession of the acc use d , order the trial of the ca use to be proceeded with as if the accused had not pleaded guilty.
Admission of guilt by accused. Amended by:
VIII. 1909.48.
Duties of the court.
Sentence at the request of the parties.
Added by:
III. 2002.108.
Amended by:
XIII. 2002.9.
Cap. 446.
Cap. 446.
for the offence or offences with which he is accused.
(2) If the court is satisfied that the sanction or measure, or combination of sanctions and measures, requested as provided
in subarticle (1) is one w h ich i t wo uld have been l a wful for it to impose upon conviction for the offence to which the accused
has pleaded g uilty and do es not have cause to order the trial of the cause to be proceeded with for a reason referred to in article
453(2) or for any other reason to reject the request, and after explaining to the accused in clear terms the consequences of his
request, the court shall, upon a plea of guilty by the accused, proceed to pass the sentence indicated to it by the parties declaring
in its judgement that the sentence being awarded is being so awarded at the request of the parties.
(3) Where the Attorney General and the accused agree that the sentence to be imposed shall consist of a period of imprisonment
which is to be suspended in accordance with the provision s of article 28A and the agreemen t is not rejected by the court as p
rov id ed i n sub art icle (2 ) su ch agreement shall not in any way affect the court’s power to make an order under article 28G
or 28H or both.
(4) Where the Attorney General and the accused agree that a measure provided for under the Probation Act is to be applied and the agreement is not rejected by the court as provided in subarticle (2) such agreement shall not in any way
affect the court’s power to make an order under article 11 of the said Act.
(5) A sentence imposed at the request of the parties as provided in t h is article sh all not affect any matter referred t o in
art i cl e
25(3)(a) to (h) of the Probation Act.
Recording of plea of "not guilty". Amended by:
IX. 1857.5; III. 1880.7;
Order-in-Council
of 1899, sec. 7;
XVI.1932.6;
XXX.1934.10;
XX.1936.2;
XXXII.1965.8;
L.N. 46 of 1965;
XXV.1967.9;
LVIII.1974.68;
LIII.1981.7;
IX. 1982.2.
Where proceedings are to be conducted in the English language.
Cap. 189.
Impanelling of jury.
(2) Where, under the provisions of the Judicial Proceedings (Use of English La nguage) Ac t, the proceedings are to be conducted
in the English language, the court shall, if no pleas have been raised as provided in article 438, or after the determination of
such pleas, appoint the day on which the cause shall be tried before a special jury impanelled from the persons included in the list
of special jurors for the trial of English-speaking persons as provided in article 605.
(3) On the day fixed for the trial the court shall impanel the jury and shall then proceed with the trial.
(4) Where the accused does not simply answer that he is guilty, any other answer, or his silence, shall be taken as a plea of
not guilty.
(5) It shall not be lawful for the court, the Attorney General or the jury, during the trial, to put any other question to the
accused with regard to the facts with which he is charged.
Accused making answer other than "guilty" or standing mute.
Accused not to be questioned on facts with which he is charged.
450.
(2) Where the court deems it expedient that two or more causes be successively tried on the same day by the same jury, the jury
shall be sworn in the presence of all the accused whose trial is to take place as aforesaid, previously to the commencement of the
trial which is to take place first.
Reading out of indictment to jury. Amended by: V.1868.30.
Trial of two or more causes on the same day.
457. After making the address referred to in the last preceding article, the Attorney General shall call his witnesses examining them viva voce, and shall produce any other evidence he may have to offer.
(2) If the accused is assisted by more than one advocate, such advocates may divide the duties between them in such a manner tha
t o n e wi ll m a ke th e d e fe nce and th e o t h e r wi ll m a ke th e rejoinder, when this is allowed, or, that one will make
the defence and rejoinder and the other will examine the witnesses; but neither of them may address the court or the jury after the
defence or rejoinder has been made by the other; and the provisions of this subarticle shall apply to every other stage of the
proceedings in which the accused is assisted by more than one advocate.
(3) It shall also be lawful for the accused either to make his own defence and leave to his advocate the rejoinder, when this is
allowed, or to make the rejoinder notwithstanding that his defence was made by his advocate.
Address by the prosecution. Amended by: L.N. 46 of 1965; LVIII.1974.68.
Production of evidence for the prosecution. Amended by: L.N. 46 of 1965; LVIII. 1974.68.
Defence of accused. Amended by: IX. 1859.25.
Where accused is assisted by more than one advocate.
Accused may make his own defence.
458A. The provisions of article 458(2) shall apply mutatis mutandis where the conduct of the prosecution is delegated by the Attorney General to more than one counsel.
Applicability of article 458.
Order of examination of witnesses.
The party calling the witness proceeds to examine him; then the opposite party may, if he so desires, cross-examine him; any juror may then put any question which he may deem necessary; and the court, besides the questions which it may deem proper to put in the course of the examination or cross-examination, may finally put any other question which it shall deem necessary.
Where accused takes stand to testify.
Added by:
III. 2002.110.
Amended by:
XIII. 2002.10.
(a) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of an
offence with which he is accused; or
(b) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his
own good character, or has given evidence of his good character, or the nature or conduct of the defence
is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution, or the deceased
victim of the alleged crime; or
(c) he has given evidence which involves in the commission of the offence with which he is being accused,
any other person accused in the same proceedings.
(2) In any of the circumstances mentioned in paragraphs (a) to ( c ) above a ny record showing any previ o u s co nv ict i o n s of t h e person charged or accused may be produced in evidence.
Further questions after cross- examination only
to be made through court.
Rules as to the admissibility of evidence. Amended by: IX. 1857.6;
L.N. 46 of 1965; LVIII. 1974.68.
(2) The same shall apply with regard to evidence as to the existence of the circumstances required under article 646 for the admissibility of any of the depositions therein referred to, when the request for the production of any such deposition is made during the trial.
*463. (1) Shorthand notes shall be taken of the proceedings at the trial on indictment of any person before the Criminal Court. A transcript of the notes or any part thereof shall be made whenever the Criminal Court or the Court of Criminal Appeal so directs:
Provided that subject to the provisions of article 518, a transcript shall be furnished to any party having an interest in
the proceedings upon the payment of such charges as may be fixed by tariff.
(2) The Attorney General may also, if he thinks fit, in any case, direct a transcript of the shorthand notes to be made and furnished
to him for his use.
(3) The cost of taking any such shorthand notes, and of any transcript, where a transcript is directed to be made by the court
or by the Attorney Gener al, shall be defrayed, in accordance with scales of payment to be fixed from time to time, out of m oney
provided by the Government. Rules may be made by the Board appointed under article 516(3), for securing the accuracy of the notes
to be taken and for the verification of the transcript.
Brief notes of depositions to be taken by court. Amended by:
IX. 1857.7.
Shorthand notes of proceedings at
trial. Added by: VI.1947.13.
Amended by: L.N. 46 of 1965; XXV.1967.10;
LVIII.1974.68; XXVII.1975.40.
Provided that no fresh evidence may be produced, without the special permission of the court, either in the reply or in the rejoinder.
Reply and rejoinder. Amended by: L.N. 46 of 1965; LVIII.1974.68.
jury for the proper discharge of their duties.
in articles 468 and 469, find the accused "guilty".
Summing-up by judge. Amended by: IX.1857.8; IX.1859.26; V.1868.31; XXV. 1967.11.
Deliberation by the jury.
Functions of the jury and rules connected therewith. Amended by:
IV. 1856.38; III. 2002.111.
*Article 463 has not yet come into force. Vide article 13(2) of Ordinance No.VI of
1947.
(2) Where there is no proof that the accused, or any one of the accused, was the principal or one of the principals in the offence
ch ar g e d in t h e ind i ct men t , bu t th ere is p r oof that h e was an accomplice or of being guilty of conspiracy to commit
that offence, it shall be lawful for the jury to find him guilty of complicity in, or of conspiracy to commit, such offence; conversely,
where a person is accused, in the indictment, of being an accomplice in an offence it shall be lawful for the jury to find him guilty
of conspiracy to co mmi t t h at of f e n c e or of bei ng th e pri n ci pal, or on e of th e principals, in that offence and if
he is accused of conspiracy to commit an offence he may be found guilty of being an accomplice in that offence or of being a principal,
or one of the principals, in that offence, completed or attempted, if there is proof to that effect:
Provided that where a person accused in the indictment of conspiracy to commit an offence is found guilty as aforesaid of being a
princip a l, or one of th e princi pals, in the of fence, completed or attempted, the punishment shall not be more severe than the
punishment demanded in the bill of indictment.
(3) Where two or more individuals are indicted as principals in an offence and there is proof that such offence was committed by
one or more of them, but there is no proof as to which one of them or which of them committed the offence, it shall be lawful for
the jury to find all the accused guilty as accomplices in the offence, if it is proved that all of them took in the offence a part
sufficient to render them accomplices.
(4) Where the offence is not proved in the terms in which it was specified in the indictment, but it shall appear at the trial
that either the same offence but of a less ag gravated character, or a lesser of fen c e, or an at tempt e d o f fence only h a s
been committ ed, provided the same be included or involv e d in any p a rt of th e
in di ctmen t , t h e j u r y may eit h er exc l ude the aggravating circumstances or add those circumstances which make the
offence
of a less aggravated character, or find the accused guilty of such lesser of fen c e or of an at temp ted of fen c e, or of t h e
facts constituting such lesser offence or attempted offence, as the case
m ay be. The jury may enter their verdi ct by say ing " guilt y, but w i t hou t th e c i rc um sta n ce or circ umstances of . . . . . . . . . . , " specifying the circumstance or circumstances which they want to
exclude; or, "guilty, but with the circumstance or circumstances of .
. . . . . . . . . . ," specifying the circumstance or circumstances which make the offence of a less aggravated character; or,
"guilty, but
only of . . . . . . . . . . ," specifying the offence or the attempted of fence (or t h e fact s con s titu tin g such o f fen c e o r attempted offence) of which the jury may find the accused guilty as aforesaid.
(5) If the jury are of opinion that the accused is not guilty in any form as aforesaid, they shall find the accused "not guilty".
Number of votes required for a legal verdict.
Duties of foreman of jury.
each juror respectively the vote given by such juror, an d sh all fi nally ad d hi s own vot e; an d after coun ting the v o tes, an d ascertaining the concurrence of at least six votes, he shall write down the verdict to be returned, which he shall lay before the other jurors.
(2) The jury may, for the purpose of considering their verdict, withdraw to the place appointed for that purpose.
(3) When the jury shall have retired to deliberate, the registrar shall be the means of communi cation between the jury and the
court.
Explanations required by jury from court.
Place for deliberating.
Means of communication between jury and court.
(2) When a trial does not come to an end on the same day in which the names of the persons to serve as jurors have been drawn, th e court m ay, unless it deems it prejudicial in th e in terests of justice, al low t h e jurors to return to their respective ho me on condition that they present themselves in court on the day and time to which the trial has been adjourned, and on such other conditions that the judge may deem fit to impose in the interests of justice.
Jurors not to absent themselves or communicate with unauthorized persons.
Amended by: XXVII. 1975.27.
474. The court shall, through the registrar, ask the jury, "whether the accused is guilty of what is adduced against him in the indictment", and the foreman, in the presence of all the other jurors, shall read out in open court the verdict returned by the jury, and su ch verdict shall be giv e n to t h e reg i strar to be by h i m recorded.
No food or drink to be given to jurors after they retire for deliberation and until their verdict is recorded, without leave of court.
Jury to inform court as soon as they are ready to return verdict.
Reading out of verdict by the jury.
Additional declaration by jury relative to facts amounting to an excuse.
467, if so satisfied from the evidence, from declaring on their own initiative and without waiting for any question by the court to that effect, that some particular fact, which the law expressly specifies as an excuse, has been proved; in which case, the jury shall find the accu s ed guilty, and also that the facts constituting the excuse specified in the law have been proved.
Verdict by jury in case of infanticide. Amended by:
VI. 1947.14; III. 2002.112.
Verdict in the case of theft, misappropriation or receiving stolen property.
(2) If a person tried for the theft, whether simple or aggravated, of any object is found not guilty of that charge, it shall be
lawful for the jury to find him guilty of misappropriation of that object or of the offence contemp l ated in art i cle 334 with
regard to that object, if there is proof to that effect; and, conversely, a person tried for misappropriation or for the offence
contemplated in article
334 may be found guilty of theft, whether simple or aggravated, of the object concerned if there is proof to that effect:
Provided that in no case shall the punishment be more severe than that demanded in the indictment.
Powers of court in case of incomplete or ambiguous verdict.
Riders on supplementary questions.
Verdict not to be recorded before it is complete.
Questions to jury. Amended by: IV.1856.39; IX.1857.9;
L.N. 46 of 1965; XXV.1967.12;
LVIII.1974.68.
474.
477 and 488, the jury are empowered or bound to enter a verdict.
(2) It shall be lawful for the court to make, where necessary, the said questions, either orally or in writing, even after the
jury, in answer to the question whether the accused is guilty of the offence as stated in the indictment, have found the accused
not guilty of such offence or have found him guilty but n o t in terms of t h e indictment.
(3) If any doubt arises on any question of law upon the determination of which might depend the finding of the jury as
to whether th e accu s ed is gu ilty of the of f e nce stated i n th e indictment, or of any other offence as provided in article
467, or whethe r the facts adduced in th e defence cons titute a n excuse according to law, it shall be in the power of the jury,
if they so desire, instead of finding the accused guilty or not guilty, or that an excuse has or has not been prov ed, to fin d only,
upon writ ten questions given to them by the court for the purpose, that the facts or some of the facts adduced eith er against or
in favour of the accused have or have not been proved, and to leave to the court to determine whether the facts found by the jury
constitute the offence stated in the indictment or any other offence under the provisions of the said article 467 or an excuse according
to law.
(4) The court shall pronounce judgment on any question so referred to it by the jury on the same day or on any other day
after hearing the Attorney General and the accused or his advocate in the manner provided in article 490.
Power of jury to refer to court the decision on points of law.
Provided that the court may, if it deems it expedient so to do, continue the trial of the cause on any Saturday, Sunday or other public holiday.
Separate verdict in respect of each offence and of each accused.
Number of votes to be stated in every verdict.
Further deliberation in default of legal number of votes.
Recommendation of accused to mercy of court. Amended by:
L.N. 46 of 1965; LVIII. 1974.68.
Trial to go on without interruption. Amended by: XXX.1934.11; III.1976.4.
juror. Amended by: X.1896.1.
Acquittal and discharge of accused if declared not guilty. Amended by: XI.1900.77.
Insanity and want of discretion as grounds for acquittal to be stated in verdict. Amended by:
XI. 1900.78; I.1903.28,29.
sup p lement ary ju ror s as pr ov ided in article 610(2) ha ve been appointed, shall proceed to the appointment of a new juror, if this c a n co nv en ien t ly b e do ne o n th e sam e da y; o t h e rwi s e it shal l adjourn the cause to another day to be tried by a new jury; and in either case all proceedings which may have taken place before the jury up to that time shall take place anew.
467(5), the court shall acquit him, and shall order that he be set at
liberty, unless he is in custody for some other reason.
(2) If such ground is not stated in the verdict, the court shall put to the jurors a specific question on that point, and the jurors
shall answer af firmatively or negatively as they shal l hav e adjudged.
(3) If the majority of the jurors shall answer affirmatively, the provisions of article 35(3) and (4), or of article 39(2), or
of article
623(1), as the case may be, shall apply.
Previous conviction not to be disclosed to jury.
Amended by: L.N. 46 of 1965;
LVIII.1974.68.
Exception. Provided, however, that, if upon the trial in respect of such subsequent offence or relapse, evidence is adduced as to the good character of the accused, it sh all be lawful for the Attorney General, in answer thereto, to read out the indictment and to prove the conviction of, and sentence passed on, the accused for the previous offence, even before the jury shall have found the accused guilty.
Question by court to accused as to applicability of punishment. Amended by: IX.1857.11;
L.N. 46 of 1965; XXV. 1967.14;
LVIII. 1974.68; III. 2002.113.
(2) After the submissions of the Attorney General and of the ac cus e d or his advocate, the c ourt shall decide whethe r the
punishment demanded is that which ought to be applied according to l a w and , if it d ecides th at i t is n o t, it shall deter
m i n e th e punishment applicable to the case, stating the reasons for its decision.
(3) An injured party may, by application, request the Criminal Court to be allowed, personally or through legal counsel, to make
su bm i s s i o n s on t h e ap pro p r ia t e sen t en ce t o be pa sse d o n t h e accused and if the court allows the application
the injured party or his legal counsel shal l be g i ven th e opportunity to m a ke such submissions at the stage referred to in
subarticle (1) and before the court asks the accused if he has to say anything in regard to the applicability of the punishment
demanded by the Attorney General:
Provided that the failure, for any reason, of the injured p a rt y to make submission s on se nt en ce a s afo r es a i
d sh al l no t p r ecl u d e the co urt fro m pr oceed i ng wi th any hearing o r fr om pronouncing judgment as provided in article
491.
Issue to be determined by court.
Submissions by injured party on sentence.
492. (1) Where at any time before the constitution of the jury the accused declares himself guilty and for the fact admitted by the accused there is established the punishment of imprisonment for li fe, the court ma y, instead of the said punishment, impose th e pun ishm ent of i mp riso nm ent fo r a term from ei ght een t o t hirty years.
(2) It shall be lawful for the court to award a sentence of imprisonment for a term of not less than twelve years in lieu of the p u n i sh ment of i m pr ison ment f o r li fe i f , i n establ ish i n g a fact involving the latter punishment, the jury shall not have been unanimous.
Judgment. Amended by: IX.1857.12. Substituted by: XXV.1967.15.
Court may award a lesser punishment when jury are not unanimous. Substituted by: XXI.1971.28. Amended by:
XLIX. 1981.4; III. 2002.114.
Court’s recommendation on passing sentence of imprisonment for life.
Added by: XXI.1971.29. Amended by: XLIX. 1981.4.
Recommendation by judge for pardon or mitigation of punishment. Amended by: IX.1857.I4;
L.N. 46 of 1965; LVIII. 1974.68.
judge, Attorney General or accused or his advocate. Amended by:
IV. 1856.40;
IX. 1857.15, 16;
L.N. 46 of 1965;
XXV. 1967.17;
LVIII. 1974.68;
III. 2002.115.
verdict of guilty, the sitting judge dies or becomes ill, another judge shall be surrogated as provided by law, and all proceedings
which shall have taken place subsequently to the recording of the answer given by the accused, shall take place anew, if the court
shall so deem fit.
(2) Whatever shall be the verdict of the jury after the proceedings shall have taken place anew, it shall not
be lawful to award a punishment higher than t h at to w h ich t h e o f f e nce previously found by the jury was liable.
(3) The proceedings which shall have already taken place shall not take place anew if the accused had been found not guilty.
(4) The proceedings shall take place anew, if the Attorney General or prosecuting counsel dies, or becomes ill, before
he has discharged the duties set out in articles 456, 457 and 464, or if the advocate for th e ac cu se d dies or become s ill,
or if the acc us ed himself becomes ill, before the defence as provided in article 458 is terminated.
Functions of registrar in the Criminal Court. Second part of sec.30 of Ord. VI of 1980 incorporated. Amended by: XXVII. 1975.40. Substituted by: XXIV. 1995.360; XXXI. 2002.200. Cap.12.
Added by: XXV. 1967.18. Amended by: XXVII.1975.40.
Interpretation. Added by: XXV.1967.18.
57(3) of the Code of Organization and Civil Procedure.
Title V
THE COURT OF CRIMINAL APPEAL
the expressi on "appellant" includes a person who has b e en convicted and desires to appeal under this Title; and
the expression "sentence" includes any order of the court made on conviction with reference to the person convicted and
the power of th e Co urt o f Crim inal Ap peal t o pass a sent en ce in cl ud es a power to make any such order.
The Court of Criminal Appeal. Added by: XXV.1967.18. Amended by:
XXI. 1971.30; LVIII.1974.68;
XXVII.1975.28,
40;
VIII. 1990.3.
(2) Saving the provision of article 418 in regard to the co nsti tu tio n o f t h e said cour t f o r the h e ari n g
of appeals f r om j udg men t s of th e Co urt of Mag i strates, the Cou r t of Cri m i n al Appeal shall consist of the Chief Justice,
who shall be the President of the Court and two other of the judges appointed by the President of Malta:
Provided that, in the case of absence or lawful impediment of any of the members of the court, the President of Malta shall appoint
another or others of the judges to sit instead.
(3) The determination of any question before the Court of Criminal Appeal shall be according to the opinion of the majority
of the members of the court hearing the case and one judgment shall be delivered as the judgment of the whole court.
(4) The Court of Criminal Appeal shall for the purposes of and subject to the provisions of this Title have full power to determine,
in acc ordance with this Title, any questions necess a ry to be determined for the purpose of doing justice in the case before the
court.
(5) The provisions contained in this Title shall not apply to appeals from judgments of the Court of Magistrates.
499. (1) An appeal shall lie to the Court of Criminal Appeal at the instance of the Attorney General or of the accused from any decision
given, after the reading out of the indictment and before the accused pleads to the general issue of guilty or not guilty, on any
of the pleas referred to in article 449(1)(a), (b), (c), (d) and (g) and from any decision regarding the admissibility of evidence.
(2) An appeal shall also lie at the instance of the accused from any decision gi ven, on an applicatio n of the Attorney Genera
l, under article 402(5) or from any decision given, after the reading out of the indictment and before the accused pleads to the
general issue of guilty or not guilty, on any of the pleas referred to in article
449(1)(e) and (f).
(3) Where the Attorney General or, as the case may be, the accused desires to enter an appeal under subarticle (1) or (2) he
must give notice of appeal by means of a note immediately after the decision of the court is pronounced and thereupon the court,
if the case so requires, shall stay further proceedings until the expiration of the time allowed as hereinafter provided for the
appeal or, if an appeal is entered, until the determination thereof by the Court of Criminal Appeal.
(4) An appeal under subarticle (1) or (2) shall be made by appli cat ion fil ed in the Co urt of Cri min al Ap peal
wi thin thr e e working days from the date of the decision appealed from.
(5) Any appeal made under this article by the Attorney General shall not stay the execution of the decision appealed from.
(6) On any appeal under this article, the Court of Criminal Appeal shall, if it allows the appeal, set aside the decision
appealed from and make such order for the discharge of the accused or the further prosecution of the proceedings or make such other
orders including orders for the re-arrest or custody of the person accused or give such other directions as the case may require.
(7) The default of the accused to make an appeal under this article shall not preclude him from raising the question which he could
have raised by any such appeal in any appeal which he may make under the next following article.
Appeal at the instance of Attorney General or of accused. Added by:
XXV. 1967.18. Amended by:
LVIII.1974.68; LIII.1981.8;
XXII. 2005.6.
Appeals against conviction or sentence.
Added by: XXV. 1967.18. Amended by:
III. 2002.116.
Appeals by Attorney General against sentence. Cap. 446.
(2) Notwithstanding the provisions of article 28I(2) and of the Probation Ac t, if it appears to him that the sentence was unduly lenient the Attorney General may also appeal from any judgment convicting a person for an offence liable to imprisonment for a term exceeding two years if the sentence has applied the provisions of ar ticle 21 or of ar ticles 28A to 28H o r th e prov isions of the Probation Act.
Submissions by injured party to Court of Criminal Appeal on sentence.
Added by:
III. 2002.117.
Provided that the failure, for any reason, of the injured p a rty or his l e gal co unsel to m a ke sub m i ssio n s on sentence as aforesaid on the appointed day shall not preclude the court from proceeding with any hearing or from pronouncing judgement.
References by the Attorney General. Added by:
III. 2002.117.
(2) For the purpose of their consideration of a point referred to them under this article the Court of Criminal Appeal shall hear
argument -
(a) by the Attorney General; and
(b) either by counsel for the defence, if the acquitted person desires to present any argument to the court or, in default,
by the Advocate for Legal Aid.
(3) A reference under this article shall not affect the trial in relation to which the reference is made or any acquittal in that
trial.
(4) The Board referred to under article 516(3) may make rules to regulate the form and contents of the reference by the Attorney
Gen e ral under thi s article and to pro v ide for all oth e r matters connected therewith or ancillary thereto.
(a) if it thinks that the appellant has been wrongly convicted on the facts of the case; or
(b) if it thinks that there has been an irregularity during the proceedings, or a wrong interpretation or application
of the law, which could have had a bearing on the verdict:
Provided that the court may, notwithstanding that it is of op in i on th at th e po i nt ra ise d i n the appeal unde r paragraph
( b) might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.
(2) Subject to the provisions of the next following article and of article 508(1), the Court of Criminal Appeal shall, if it allows
an appeal against co nvictio n, quash the conviction and direct a judgment and verdict of acquittal to be entered.
(3) On an appeal against sentence by the person convicted, the Court of Criminal Appeal shall, if it thinks that a different sentence
should have been passed, quash the sentence passed at the trial, and pass such other sentence warranted in law by the verdict (not
being a sentence of greater severity) in substitution therefor as it thinks ought to have been passed, and in any other case shall
dismiss the appeal.
(4) On an appeal against sentence by the Attorney General, the Court of Cri m in al App eal shall, if it thi nks t h at a sentence
of g r eat e r sev e r ity shou ld have b e en passed, quash the sent en ce passed at t h e t r ial and pass su ch sentence of
greater severity warranted in law in substitution therefore as it thinks ought to have been passed, and in any other case shall
dismiss the appeal.
Determination of appeals in ordinary cases.
Added by: XXV. 1967.18. Amended by:
XXVII.1975.29; III. 2002.118.
Provided that such other sentence shall not be of greater severity than the sentence pa ssed at th e tria l taken as a whole, whether
or not the last mentioned sentence was expressed to be passed on that part of the indictment.
(2) Where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other
offence, and on the finding of the jury it appears to the Court of Criminal Appeal that the jury must have been satisfied of facts
which proved him guilty of that o t her offence, the court may, instead of allowing or dismissing the appe al, substitute for the
verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed
at the
Powers of Court of Criminal Appeal in special cases. Added by: XXV.1967.18. Amended by: XXVII.1975.30.
trial as may be warranted in law for that other offence, not being a sentence of greater severity.
(3) Where on conviction of the appellant the jury have found a verdict falling within the provisions of article 480(3), and the
Court of Criminal Appeal considers that a wrong conclusion has been arrived at by the Criminal Court on the effect of that verdict,
the Court of Criminal Appeal may, instead of allowing th e appeal, order such conclusion to be recorded as appears to the court to
be in law required by the verdict, and pass such sentence (not being a sentence of greater severity) in substitution for the sentence
passed at the trial as may be warranted in law.
(4) Where on an appeal against conviction the Court of C r i m i n a l Ap pe al is of op in io n th at al th ou gh t h
e ap pel l a n t committed the act or made the omission charged against him he was insane at the time the act was done or omission
made so as not to be responsible according to law for his actions, the court may quash the sentence passed at the trial and order
the appellant to be kept in custody in Mount Carmel Hospital in which case the provisions of article 623(1), (2) and (3) shall apply.
Appeal against verdict of not guilty on the ground of insanity. Added by: XXV.1967.18.
503. (1) A person in whose case a verdict of not guilty on the ground of his insanity at the time of the act or omission charged is returned,
may appeal against the verdict and on any such appeal the same p r ov ision as cont aine d in ar ticle 5 01( 1) sh al l muta tis mutandis, subject as hereinafter provided, apply.
(2) Where apart from this article -
(a) an appeal against a verdict such as is mentioned in subarticle (1) would fall to be allowed, and
(b) none of the grounds for allowing it relates to the question of the insanity of the accused,
the Court of Criminal Appeal may dismiss the appeal if of opinion that, but for the insanity of the accused, the proper verdict would
have been that he was guilty of an offence other than the offence charged.
(3) In the case of an appeal under subarticle (1) the appeal may be heard and determined in the absence of the appellant and, if
he is not a ssisted by an advocate, the provision s of article 51 9 shall apply.
(4) Where in accordance with subarticle (1) an appeal is allowed -
(a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused
ought not to stand and the Court of Criminal Appeal is of opinion that he was guilty of an offence (whether the offence
charged or any other offence of which the jury could have found him guilty), the court shall substitute for the verdict
of not guilty on the ground of insanity a verdict of guilty of that offence, and shall have the like powers of punishing
or otherwise dealing with the accused as the
court before which he was tried would have had if the jury had come to the substituted verdict;
(b) in any other case, the Court of Criminal Appeal shall substitute for the verdict of the jury a verdict of acquittal:
Provided that where the offence mentioned in paragraph (a) is one for which the sentence is fixed by law, the sentence shall (whatever the circumstances) be one of imprisonment for life or
for a term not less than twelve years.
(5) The term of any sentence passed by the Court of Criminal Appeal in the exercise of the powers conferred by subarticle (4)(a) shall, unless the court otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings
in the Criminal Court.
(2) The application shall, on pain of nullity, be signed by an advocate or by the appellant himself.
(3) The record of the proceedings of the Criminal Court shall be lodged by the Registrar of Courts before the Court of Criminal
Appeal within two working days from the day when the application is filed.
(4) A copy of the application shall be served on the Attorney General or on the accused, as the case may require, at least eight
wo rk i n g d a y s b e fore t h e d a y ap po in t e d for th e hea r i n g of th e appeal, unless the court shall in any case of
urgency direct service with a shorter notice.
Form and time for entering appeal. Added by: XXV.1967.18.
Contents of application of appeal.
Added by: XXV. 1967.18.
Amended by: LVIII. 1974.68;
XXIV.1995.362.
(a) order the production of any document, exhibit or other thing connected with the proceedings, the production of which appears
to it necessary for the determination of the case; and
(b) if it thinks fit order any witnesses who would have been compellable witnesses at the trial to attend for examination and
be examined before the court, whether they were or were not called at the trial, or order the examination of any such
witnesses to be conducted in any manner provided by law; and
(c) if it thinks fit receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable
witness, and, if the appellant
Supplemental powers of the Court of Criminal Appeal.
Added by: XXV. 1967.18.
makes an application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such application, subject to the provisions of article 635.
Duty to admit evidence. Added by: XXV. 1967.18.
(a) it appears to it that the evidence is likely to be credible and would have been admissible at the trial on an issue which is the
subject of the appeal; and
(b) it is satisfied that it was not adduced at the trial, but that there is a reasonable explanation for the failure so to adduce
it.
Power of Court of Criminal Appeal to order new trial. Added by:
XXV. 1967.18. Amended by:
XXVII.1975.30, 31.
508. (1) Where an appeal against conviction is allowed by reason only of evidence received or available to be received by the
Court of Criminal Appeal under articles 506 and 507 or by reason of a point raised under article 501(1)(b) and in each case it appears to the court that the interests of justice so require, the court may, instead of directing the entry
of a judgment and verdict of acquittal as provi ded by arti cle 501 (2 ) or b y arti cle 50 3(4)( b), order the appellant to be retried.
(2) An appellant shall not be retried by virtue of this article for any offence other than -
(a) the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as aforesaid;
(b) any offence of which he could have been convicted at the original trial on an indictment for the first- mentioned offence;
or
(c) any offence charged in an alternative count of the indictment in respect of which the jury were discharged
from giving a verdict in consequence of convicting him of the first-mentioned offence.
(3) An appellant who is to be retried for an offence in pursuance of an order under subarticle (1) shall be tried upon
a fresh indictment.
(4) The Court of Criminal Appeal may, upon ordering a retrial under subarticle (1), make such orders as appear to the court to
be necessary or expedient for the custody or admission to bail of the appellant pending the retrial.
(5) Where a new trial is ordered under subarticle (1) in the case of a person who, imm edi a tely be fore the determination of
his appeal, was li able to be detain ed in Mount Carm el Hospital in pursu ance of an order of t h e Criminal Cou r t, t h e order
shall continue in force pending the retrial as if the appeal had not been
allowed and any order made by the Court of Criminal Appeal under t h e last pr eced ing su bart icl e of th is arti cl e fo r hi s
c u st od y or admission to bail shall have effect subject to the said order.
(6) On a retrial ordered under subarticle (1) a transcript of the no tes, in shorthand or ot herwise, of the evidence given by
any witness at the original trial may, with the leave of the judge, be read as evidence -
(a) by agreement between the prosecution and the defence; or
(b) if the judge is satisfied that the witness is dead or unfit to give evidence or to attend for that purpose, or that all reasonable
efforts to find him or to secure his attendance have been made without success.
(7) Where a person ordered to be retried under subarticle (1) is again convicted on the retrial, the Crim inal Court may pass
in respect of the offence any sentence authorized by law, not being a sentence of great e r severity than that passed on the orig
inal conviction.
(8) Where the person convicted on retrial is sentenced to imprisonment or detention, the sentence shall begin to run from
the time when a like sentence passed at the original trial would have be gun to run, but in com p uting the term of his sentence
or the period for which he may be detained thereunder, as the case may be, there shall be disregarded any time during which he was
at large after being admitted to bail under subarticle (4).
(2) The power of the Court of Criminal Appeal under subarticle (1) to admit an appellant to bail, may be exercised by any judge
of the court in the same manner as it may be exercised by the court and subj ect to the same provisi ons; but, i f the judge refu
ses an app lica tio n on th e p a rt o f th e ap pellant, the appellant shall be enti tled to hav e th e app licat ion det e rm ined
by th e Cou r t of Criminal Appeal.
(3) The provisions of Title IV of Part II of Book Second of this
Code shall mutatis mutandis apply.
(4) The time during which an appellant, pending the determina- tion of his appeal, is admitted to bail shall not count as part
of any term of imprisonment or detention under his sentence.
Stay of execution of judgment. Added by:
XXV. 1967.18. Amended by:
XXIX. 1989.4; III. 2002.119.
(2) The provisions of article 446(2), (3), (4), (5), (6), (7) and (8) and the provisions of article 447 shall apply in any proceedings befor e the Court of Criminal Appeal, so, however, that, f or the purpose of such proceedings, any reference in those provisions to
Challenge or abstention of judge.
Added by: XXV. 1967.18.
Amended by: III. 2002.120.
the reading out of the indictment shall be construed as a reference to the commencement of the submissions by the appellant on the merits of the appeal, the reference in the said subarticles (2) and (4) to the accused shall be construed as including the person convicted on indictment who has appealed and any person appealing in terms of article 503(1), and the reference in the said subarticle (4) to the hearing of the cause shall be construed as a reference to the hearing of the appeal.
Death or illness of judge, Attorney General, or accused or his advocate.
Added by: XXV. 1967.18.
Amended by: LVIII. 1974.68;
III. 2002.121.
Provided that the proceedings shall in any case take place anew where the surrogated judges are two or more:
Provided further that it shall not be lawful to raise again any objection to a judge sitting in the court which has been already decided
or any question on which the court has al ready giv e n judgment before the surrogation of the judge or judges has taken place.
(2) If the Attorney General or counsel delegated by him dies or becomes ill or if the advocate for the appellant dies or becomes
ill or if the appellant himself becomes ill, during the hearing of the appeal, it shall be within the discretion of the court as
the interests of justice may require to order that all proceeding shall take place anew:
Provided that in the case of the death of the advocate for the appellant or in the case of illness of such advocate and substitution
by another advocate, all proceedings shall always take place anew if the appellant makes a demand to that effect.
Provisions as to proceedings before Court of Criminal Appeal.
Added by: XXV. 1967.18.
Amended by: XXI. 1971.27; XXVII. 1975.32;
XIII. 1983.5; III. 2002.122; L.N. 407 of 2007.
4 22, 423 , 42 5, 4 27, 441 , 44 2, 4 44 and 4 52 shal l ap pl y i n any proceedings before the Court of Criminal Appeal:
Provided that, for the purpose of such proceedings, any reference in those pro v isions t o the superior co urt and t o th
e inferior court shall be construed as being a reference respectively to the Court of Criminal Appeal and to the Criminal Court.
(2) Notwithstanding the provisions of article 420, where the appellant who has made the declaration on oath referred to in that
article, cannot be assisted by the Advocate for Legal Aid for the reason stated in paragraph (a) of the same article and where he was assisted before the Criminal Court by an advocate appointed in terms of article 571, the Court
of Criminal Appeal shall, in so far as possible, appoint the same advocate to assist the appellant in the proceedings of appeal,
and the provisions of articles 571, 572 and
573 shall apply in respect of such appointment.
(3) The Court of Criminal Appeal may, if it considers an appeal to be frivolou s, sentence the appellant t o a f i n e ( mu lta ) not exceeding two hundred and thirty-two euro and ninety-four cents
(232.94).
494 i n li ke man ner as such p ower m ay be ex ercised by a jud ge sitting in the Criminal Court.
514. The functions of the registrar in the Court of Criminal Appeal may be performed by any of the court executive officers referred to
in article 57(3) of the Code of Organization and Civil Procedure.
(a) refer the whole case to the Court of Criminal Appeal and the case shall then be treated for all purposes as an appeal to that
court by the person convicted; or
(b) if he desires the assistance of the Court of Criminal Appeal on any point arising in the case, refer that point to that court
for its opinion thereon, and the court shall consider the point so referred and furnish the Prime Minister with its opinion thereon
accordingly.
(2) The power of the Court of Criminal Appeal to exercise its functions under this article may be exercised notwithstanding that
the person concerned is for any reason not present.
Recommendation by judge sitting in the Court of Criminal Appeal. Added by:
XXV. 1967.18.
Functions of registrar in the Court of Criminal Appeal.
Added by: XXV. 1967.18.
Substituted by: XXIV. 1995.360; XXXI. 2002.201.
Cap. 12.
Prerogative of mercy.
Added by:
XXV. 1967.18.
PROVISIONS APPLICABLE TO THE COURTS OF
CRIMINAL JUSTICE
516. (1) The Maltese language shall be the language of the courts and, subject to the provisions of the Judicial Proceedings (Use of English Language) Act , all the proceedings shall be conducted in that language.
(2) Where any person charged does not understand the language in which the proceedings are conducted or any evidence
is adduced, such proceedings or evidence shall be interpreted to him either by the court or by a sworn interpreter.
(3) There shall be a Board composed of the Chief Justice, a judge appointed by the President of Malta from among the judges ordinarily
sitting in the Criminal Court, the Attorney General, a magistrate appointed by the Minister of Justice, and the president of the
Chamber of Advocates with power to make rules to be called Rules of Court for any of the purposes referred to in article 29 of th
e Co de of Or g a n i zati on an d Civi l Pro c edu r e , in so far as
Substituted by: XXV.1967.19.
Language of the courts.
Added by: XVI. 1932.7.
Amended by: XXX. 1934.12; XX. 1936.3;
XIII.1964.26. Substituted by: XXXII.1965.8.
Amended by: LVIII. 1974.68; XXVII.1975.33,
40;
IV. 1994.13.
Cap. 189.
Cap. 12.
applicable, the reference to that Code in that article being construed as a reference to this Code:
Provided that nothing contained in such rules shall be inconsistent with, or repugnant to, the provisions of this Code or
any other law.
(4) The Board may act notwithstanding any vacancy in its membership but shall not act unless at least the Chief Justice
and two other members are present.
(5) Any rules made by the Board shall be subject to the approval of the President of Malta and shall be published in
the Gazette.
Prohibition of publication of proceedings. Amended by: IX. 1859.27; III. 1880.8, 9;
L.N. 46 of 1965; XXV. 1967.20; LVIII. 1974.68; XXVII. 1975.40; VIII. 1990.3;
III. 2002.123.
Punishment.
Duration of prohibition.
Provided that in respect of such other offence separate proceedings must be instituted, according to law.
(2) If any such order is made by the Court of Magistrates as court of criminal inquiry, and is not repealed by such court before
the termination of the inquiry, it shall remain in force until it is repealed by the Criminal Court, after the expiration of the
term allowed for the filing of the indictment by the Attorney General, by another order signed by the registrar and affixed in the
same place where the first order was posted up.
Duties of Police. (3) If the Police become aware of the publication of any writing in contravention of this article, they shall inform the court by which the ord e r o f pro h ibi tion was m a de and shall carry o u t such directio ns as the co urt shal l give, oral ly or i n writi ng, for proceedings to be taken before the court against the offender, either by summons or by arrest.
Court by which breach of order is cognizable.
Inadmissibility of objection to judge or magistrate making the order.
Publication of certain particulars permissible.
(4) The Criminal Court or Court of Criminal Appeal may delegate to the Court of Magi strates (Malta) or the Court of Magistrates
(Gozo), as court of criminal judicature, the cognizance of the offence, in which case the latter court shall proceed as if the order
to which the offence relates had been made by itself.
(5) No objection may be taken against any judge or magistrate on the ground that he was the sitting judge or magistrate when the
order, to which the offence relates, was made.
(6) Nevertheless, the publisher of any writing containing only a true copy of the charge or of the indictment, or a mere indication
of the day appointed for the hearing of the cause, shall not be liable to punishment, provided that nothing be thereto added, implying
an
expression of opinion on the said cause, whether in regard to the offence in general or in regard to the individual who committed
the offence.
Provided that a procès-verbal and any depositions and documents filed therewith shall be open to inspection, and copies thereof shall be given, only at the discretion of th e Attorn ey General and on payment of such fees as may be prescribed by the Minister responsible for justice as provided in article 695.
Accessibility of acts and documents of courts of criminal justice. Amended by:
VIII. 1909.49; XIII. 1980.18; XXIX. 1990.21; IV. 1994.14;
III. 2002.124.
(a) articles 8, 10 to 12, 16 and 17, 23 to 30, 57 to 61, and
65 to 76 regarding the organisation of the courts;
(b) articles 98 to 106, 108 to 110, 113 and 114, 119A and
123 regarding judicial times;
(c) articles 175 and 205;
(d) articles 558 to 662 relating to evidence in general; and
(e) articles 627 to 633, and articles 635 to 637 relating to documentary evidence and the production of documents which are in the
possession of other persons.
(2) It shall be in the power of the said courts to exclude from the evidence or pleadings, or from the defence, all matter which,
in the opinion of the court, may cause unnecessary delay, or which may be irrelevant or extraneous to the nature of the case.
Duty of court to provide for adequate defence of accused.
Applicability of certain provisions of Code of Organization and Civil Procedure to courts of criminal justice.
Amended by: IV. 1856.41;
VIII. 1857.16; IX. 1859.28;
XIII. 1964.26; L.N. 46 of 1965; LVIII. 1974.68;
III. 1976.5; VIII. 1990.3; XXIV. 1995.360;
XXXI. 2002.203; XXII. 2005.7. Cap. 12.
Power of court in respect of superfluous evidence.
(2) Saving the provisions of subarticle (1), and until regulations are made under the said subarticle (1), the registry and the regi strar m en tioned in thi s Code shall be t he sam e as those established or appointed by or under the Code of Organization and Civil Procedure in respect of the courts of civil jurisdiction.
Registry and registrar.
First part of sec.
30 of Ord. VI
of 1880,
incorporated.
Substituted by:
XXXI. 2002.204.
Cap.12.
Power of court in case of prevaricating witnesses. Amended by:
III. 2002.125; L.N. 407 of 2007.
(2) Any witness who refuses to be sworn or to depose when so requ ir ed by t h e co ur t shal l, on co nv ict i o n , be li abl
e t o th e punishment of imprisonment not exceeding three months.
(3) The court before whom a witness refuses to be sworn or to depose shall orde r the arrest of th e witness and shall orde r the
Police to bring the witness before the competent court within forty- eight hours from arrest charged with an offence under subarticle
(2).
(4) Where the witness charged as mentioned in subarticle (3), at any time before final judgement is given in his regard, gives
his deposition under oath before the court before whom it is required and at a stage when it m a y still be received by the court,
th at witness shall not be liable to the punishment of imprisonment but shall be liable to the punishment of a fine (multa) not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69).
(5) Any criminal proceedings in pursuance of an order of the court under subarticle (3) shall be conducted with urgency.
Where false evidence is suspected. Amended by: XXV.1967.21; XXVII. 1975. 40; VIII.1990.3.
Misbehaviour of person charged or accused.
Added by: XV.1937.8.
Amended by: XXVII.1975.34.
(a) article 441:
Provided that it shall be lawful for the court to proceed
ex officio without the instance of any party;
(b) articles 443, 444 and 445;
(c) article 451, in so far as it relates to the mode of communicating with deaf-mutes, or dumb but not deaf persons, or
persons deaf only; and article 452.
(2) The provisions of articles 362, 363, 364, 383 to 387, inclusively, and of article 397(5) shall also apply to the Criminal
Court and to the Court of Criminal Appeal; and the provisions of article 452 shall also apply to the Court of Criminal Appeal in
the hearing of appeals from judgments of the Court of Magistrates.
(2A) The provisions of article 412B(1) and (2) shall also apply mutatis mutandis to the Criminal Court with respect to a person in
custody for an offence for which a bill of indictment has been filed as well as to the Court of Criminal Appeal with respect to a
person in custody who is a party to appeal proceedings before that court:
Provided that with respect to the Criminal Court the relevant decision shall in all cases be taken by the Court sitting without
a jury.
(3) The provisions of article 397, mutatis mutandis the provisions of subarticles (2) to (4), both inclusive, of article 467 and of article 623 shall also be applied by the Court of
Magistrates i n cases f a ll in g wi th in it s ju ri sd ict i o n as co u r t o f cri m i n al judicature under article 370(1) or
under any other provision of this Code or of any other law.
Applicability of certain provisions to other courts of criminal justice. Amended by:
IV. 1856.42; V. 1868.32;
XI. 1900.79; VIII. 1909.50;
XXX. 1934.14; XV. 1937.9; VIII. 1944.3,4;
XXXII. 1965.8; XXV. 1967.22; XXVII. 1975.40;
VIII. 1990.3; III. 2002.126; VII. 2010.33.
Service of subpoena on witnesses. Added by: III. 1971.15.
Person cannot be tried more than once for the same fact.
Power of court to order proceedings against calumniators, etc., where absolute innocence of accused is established.
Language in which register is to be kept. Its value as evidence of proceedings. Amended by:
XV. 1937.10.
Places in hall for accused and witnesses. Amended by:
IV. 1994.15.
(2) The witnesses, during their examination, shall be placed in the witness-box:
Provided that this shall not apply in the case -
(a) of a witness of tender age who, if placed in the witness box, might, from shyness or otherwise, become confused or
frightened in giving evidence and thereby prejudice the ends of justice;
(b) of a witness who, by reason of old age, infirmity or physical condition, would suffer great inconvenience if he were to be placed
in the witness-box.
Sittings to be held in open court. Exceptions. Amended by:
XXV. 1967.23; XXVII. 1975.40;
III. 2002.127.
(2) Where the sittings are held with closed doors, it shall not be lawful to publish any report of the proceedings under the penalties established for contempt of the authority of the court.
Power of court to regulate conduct and despatch of business, etc. Substituted by:
IV. 1994.16.
Orders for payment of damages upon sentence.
Added by: XVI. 2006.11. Cap. 446.
Payment of costs.
Added by:
XVI. 2006.11.
Power of court to sentence accused to the payment of costs incurred in
the employment of experts.
Added by:
XXX. 1934.15.
Amended by:
XXIX.1990.22;
XIII. 2005.4;
L.N. 407 of 2007.
532A. The provisions of article 24 of the Probation Act concerni ng the power of the court to order the offender to pay damages shall mutatis mutandis also apply whenever a person is sentenced upon conviction for any crime.
533. (1) In the case of proceedings instituted by the Police ex of ficio , t h e cou r t shall, in pron ouncing jud g ment or in any subsequent o rder, sentence the person convi cted or the person s convicted,
jointly or severally, to the payment, wholly or in part, to the registrar , of th e costs in curr ed in conn ection wit h th e employment
in the proceedings of any expert or referee, including such experts as would have been appointed in the examination of the process
verbal of the inquiry, within such period and in such amount as shall be determined in the judgment or order.
(2) In default of payment of the costs as determined by the court, the court shall, on the application of the registrar, issue
a warrant of arre st against the perso n sent enced or deri ng t h e appearance of such person, and the court, upon ascertaining
the identity of such person, shall convert the amount so determined into imprisonment at the rate of one day for every eleven euro
and sixty-five cents (11.65) or fraction thereof and shall commit the person convicted to imprisonment accordingly:
Provided that a person committed to imprisonment for non- p a yment of su ch costs may acquit himself of t h e substituted punishment
by paying the costs determined by the court with the deduction of such amount thereof as corresponds to the part of the punishment
undergone at the rate laid down in this article.
(3) Nevertheless, it shall be lawful for the registrar to recover the costs aforesaid as a civil debt by making a declaration to
that effect in the record of the case at any time until the costs have been converted into imprisonment; and, on such declaration
being made, the provisions of subarticle (2) shall cease to apply.
(4) The recovery of the costs as a civil debt shall be obtained by an application to the sa me court for th e enforcement of the
sen t ence or order , in the manner laid down in the Code of Organization and Civil Procedure.
Procedure in
default of payment.
Power of prosecutor to recover costs as a civil debt.
Mode of recovery. Cap. 12.
Provided that where the person convicted is not the owner of the vehi cle, th e li abil ity of t h e l a tter f o r th e costs sh
all not exceed the value of the vehicle.
(2) Where the owner of the vehicle was not a party to the proceedings, the court shall, on the application of the registrar,
order the owner to appear and to show cause why he should not be condemned to pay the said costs; and the court shall order that
the costs be paid by the owner un le ss the latter shall pr ove, to the satisfaction of the court, that the vehicle was, at the
time of the offence, driven b y or in the custody of the p erson guilt y of t he offen ce, wi th out h is k no wl edge or co nsen
t, w heth er exp re ss or implied.
(3) For the purposes of this article -
the expression "vehicle" has the same meaning as in article 2 of the Code of Police Laws;
the expression " owner " m ean s th e p er so n in w hose na me th e licence in respect of the vehicle has been issued.
Recovery of costs from owner of vehicle although he is not the person convicted.
Added by: XXX. 1934.15. Amended by: XXIX. 1990.23.
Procedure.
Exemption of owner from liability.
Definition of "vehicle" and "owner".
Cap. 10.
PART II
OF MATTERS RELATING TO CERTAIN MODES OF
PROCEDURE AND TO CERTAIN TRIALS
Title I
OF REPORTS, INFORMATIONS AND COMPLAINTS
Information. Report. Amended by: IX. 1911.17.
535. (1) Any person may give information to any officer of the Executive Police of any offence liable to prosecution by the Police ex officio, of which such person may have in any manner become aware.
Duty of Police. (2) Nevertheless, no action shall be taken by the Police upon an y an ony mo us report o r informat ion, except in the case of a flagrant offence or where the report or information refers to some fact of a permanent nature. In any such case, it shall be lawful for the Police to proceed on such report or info rmation, after ascertaining the flagrancy of the offence or the permanent fact.
Contents of information. Amended by: IX. 1911.17.
Form of information. Added by: IX. I911.17.
Complaint. Amended by: VI.1871.34; III.1880.10; IX. 1911.18.
Articles 536 and
537 to apply to
complaints.
Added by:
IX. 1911.19.
Duty of Police on receipt of report, information or complaint. Amended by:
VIII. 1990.3; III. 2002.128.
Provided that where an information is laid verbally, it shall, except in cases which admit of n o del ay, be redu ced t o writi ng forthwith and shall be signed by the informer, or, if he is unable to write, by the Police officer by whom it is reduced to writing.
Provided that if upon the report, information or complaint the party concerned has been summoned or, in any case where the Executive
Police is authorized to proceed forthwith to the arrest of the party concerned, such party has been actually arrested, it shall b
e l a wf u l f o r th e Po lic e t o in fo rm th e co ur t of su ch r e po rt , information or complaint at the moment that the
party summoned or arrested is brought before it.
541. (1) If, in cases where the exercise of the criminal action is vested in the Executive Police, the Executive Police shall, upon any
information, report or complaint in regard to the commission of a crime, refuse to institute proceedings, it shall be lawful for
the person who laid the information, or made the report or complaint, to make an application to the Court of Magistrates for an order
to the Police to institute proceedings; and if , after hearing, where nec e ssa ry, the eviden c e t e n d e r e d by th e ap pl
ic an t, an d t h e Commissioner of Police, the court is satisfied that the information, report or com p laint i s pr i m a f a ci e justified, it sh al l allow t h e
appli c ation and shall, thro ugh th e registrar , noti f y the
Commissioner of Police of the order given thereon:
Provided that, before any action is taken on any such application, the applicant shall confirm on oath the information,
report or complaint, and shall enter into a recognizance in a sum to be fix e d b y t h e court, t o g i ve his evidence at the
trial, if s o required, or to furnish any such evidence at his disposal as may lead to the conviction of the party accused:
Provided further that where the Attorney General by a note declares that agre ement has b een re ached with the competent authorities
of another country that the courts of that country shall exercise jurisdiction over the crime the Court of Magistrates shall consider
such declaration conclusive and shall forthwith dismiss the application.
(2) The provisions of article 383(2), articles 386 and 387 shall, in so far as applicable, apply to any recognizance under subarticle
(1).
(3) Any decision of the Court of Magistrates allowing, in whole or in part, an application under subarticle (1) shall be served
on the Attorney Ge neral, together with the record of the proceedings, within two working days from th e date of the decision
and the Attorney General may within seven working days from the date of service make an application to the Criminal Court for the
reversal or variation of the decision. The applicant may also make a similar application to the Criminal Court within seven working
days from the date of the decision of the Court of Magistrates disallowing, in whole or in part, the application. An application
to the Criminal Court under this subarticle shall operate as a stay of execution of the decision of the Court of Magistrates.
Procedure in cases where Executive Police refuses to take proceedings on report, information or complaint.
Added by: VIII. 1909.51.
Amended by: VIII. 1990.3; III. 2002.129;
VII. 2010.34.
542. The complaint may be made by a spouse on behalf of the oth e r spo u se, by an ascen dan t on beh a lf of a descen dan t , b y a descendant on behalf of an ascendant, by a brother on behalf of his sister or vice versa, b y any person o n b ehal f of an ot her person under his tutorship or care, by any administrator or representative of any pious institution or other body corporate recognized by law, for any offence committed to the prejudice of such institution or b ody corp orate, and by the immed i ate hei r s for any of fen c e committed against the person under whom they claim.
Persons by whom complaint may be made.
Amended by: XI. 1900.81;
XLVI. 1973.108.
Police may proceed ex officio. Amended by:
IV. 1856.43; V. 1868.33;
XX. 2005.20.
Cap. 481.
even wi thout the compl a in t of th e pri v ate party in an y of th e following cases:
(a) in the case of crimes for which the law does not expressly provide that the complaint of the private party is
requisite;
(b) in the case of any offence consisting in the carrying of prohibited weapons, or in the case of any offence against any
law relating to fishing, vehicles, or boats, or to any art or trade;
(c) in the case of any offence committed against a person who, by reason of physical or mental infirmity, is incapable of
instituting criminal proceedings, even though such offence be one in respect of which, if committed against any other
person, the complaint of the private party would be requisite;
(d) in the case of any offence affecting public order or the community in general;
(e) in the case of any offence involving domestic violence: Provided that for the purposes of this paragraph
"domestic violence" shall have the same meaning
assigned to it by article 2 of the Domestic Violence
Act:
Provided fu rther that it shall be lawful, after proceedings have commenced before the court in virtue of this article
for an offence mentioned in this paragraph, for an alleged victim of an offence involving domestic violence to
request the court to stay proceedings against the alleged perpetrator, and when such a request is made the court may decide
and direct the continuation of proceedings against the alleged perpetrator, giving particular consideration to the best
interests of any minors involved, and shall cause such request and decision to be registered in the records of the case.
Cases in which complaint of private party is requisite. Amended by:
II. 1886.10; VIII. 1909.52;
II. 1973.7; XX. 2005.21; XXII. 2005.8
Exception. Cap. 481.
(a) carnal knowledge accompanied with violence; (b) abduction;
(c) violent indecent assault;
(d) theft of electricity and offences arising from article
326(1)(c), (e) and (f):
Provided that where any of such crimes is accompanied with public violence, domestic violence as defined in article 2 of the
Domestic Vi olence Act, or with any other offence affecting public order, criminal action shall be taken independently of the complaint of the private
party:
Provided further that where in the case of a crime
accompanied by domestic violence the criminal action has been t a ken in dependently of th e complaint of the priv ate party, the
provisions of the second proviso of article 543(e) shall also apply in such case.
(2) The party charged or accused may object to any such waiver, in which case the trial shall be proceeded with as if
the complaint had not been waived.
(3) If the complaint is waived after the opening of the trial and it appears that the complaint is frivolous or vexatious, or made
with the object of extorting money or other effects, or of making any other gain, the court may, notwithstanding the waiver, proceed
to deliver judgment, acquitting the person charged or accused and directing that proceedings be instituted against the complainant,
in accordance with the provisions of article 528:
Provided that if the complaint does not amount to any of the offences specified in the said article, it shall be lawful for the court
to sent ence the complainant to detention or to a fine (multa or ammenda), according to the gravity of the case.
Waiver of complaint. Amended by: II.1886.11; XIV.1889.47; XI.1900.82; VIII.1909.53.
Non-acceptance of waiver.
Frivolous or vexatious complaint.
TITLE II
OF INQUIRIES RELATING TO THE "IN GENERE",
INQUESTS AND "REPERTI"
Provided that where it results that the fact in respect of which an investigation was not held under this subarticle constituted
an offence liable to the punishment mentioned in this subarticle the failure to hold an investigation under this subarticle shall
not, for that reason alone, prejudice in any way whatsoever th e in stit ution or contin ua ti on of criminal proceedings for th
at offence or the admissibility of any evidence of that offence in those proceedings:
Provided further that notwithstanding any other provision when an offence under investigation consists in theft of electricity
Investigation relating to the "in genere". Substituted by: III. 1971.16. Amended by:
XIII. 1980.19; XIII. 1983.5;
XXIX. 1990.24; III. 2002.130;
XXII. 2005.9; XVI. 2006.12; L.N. 407 of 2007.
inquest unless expressly requested by Enemalta.
(2) The holding of an inquest may be dispensed with by the magistrate to whom the report, information or complaint referred to
in the last preceding subar t icle is mad e , if the fact to be investigated is breaking for the purpose of article 263(a) as defined in the first paragraph of article 264(1) and if the theft to which the breaking relates or may relate, is in respect
of things whose value does not exceed twenty-three euro and twenty-nine cents (23.29), although it may be aggravated as mentioned
in article 261(a), (b), (d), (e), (f) and (g), or any amongst them, even if the fact is likely to constitute an offence liable to the punishment of imprisonment exceeding three
years:
Provided that the decision of a magistrate not to hold an inquest under this subarticle shall not preclude, in respect of the fact
o r facts in relati on to wh ich such deci sion w a s taken, th e institution or continuation of criminal proceedings for an offence
which is more serious, either owing to its nature or to the amount involved or for any reason whatsoever, than the offences referred
to in this subarticle.
(3) Where the offence to be investigated is theft, other than theft with violence against the person, the magistrate may, instead
of holding in person an inquest on the spot, direct a Police officer not below the rank of inspector to establish the relevant facts,
and the o fficer so appo int e d and any pho tog r apher or o t her ex pert assisting him s h all give evidence at the inquiry on
the fa cts inv e stigated and established by them and shall prod uce all photographs taken and all other articles or documents relevant
to their investigation.
(4) The report, the information or the complaint referred to in subarticle (1) and in article 551(1) may be laid verbally before
the mag i strat e b u t i n every case th e same r e po rt, in formation or complaint shall be laid in writing before the magistrate
within the period of two working days from the day on which they were laid verbally:
Provided that the magistrate may, when he deems it proper so to do, proceed in accordance with the provisions of this Title notwithstanding
that the report, the information, or the complaint are not laid in writing within the said period.
(4A) Where a report, information or complaint is made to a Magistrate under this article by a person other than the Attorney
General or a police officer the report, information or complaint shall contain a clear designation of the person suspected to have
committed the offence (hereinafter in this article referred to as "the suspect"). The Magistrate shall order the report,
information or co mplaint , as t h e case may be, to be serv ed upo n th e su sp ect allowing him time to reply and upon the lapse
of such time shall decide whether to hold the inquest. The Magistrate shall decide to hold the inquest only after having established
that the necessary pre-requisites for the holding of such an inquest exist.
(4B) The decision of the Magistrate under subarticle (4A) shall
b e served on the p e rson who m a de the report, in form ation or complaint and upon the suspect. Any one of them may, within two
working days from the date of service of the decision, apply to the Criminal Court for a reversal of the decision of the Magistrate
and the Criminal Court shall give its decision on the application with urgency.
(4C) In every case where an inquest is to be held under the provi sions of subarticles (4A) and (4B) the Magistrate w h
o co nducts the inquest shall be chosen by l ot from amon g all t he Magistrates.
(5) A copy of the report, information or complaint referred to in subarticle (1) and article 551(1) shall be tran sm itted by t
h e mag i strate to the At torney Gen e ral wi th in the period o f t h ree working days from when the magistrate shall have received
such report, information or complaint in writing.
(6) The decision not to hold an inquest in terms of subarticle (2) shall likewise be notified to the Attorney General within the
period of three working days from such decision.
(2) Whenever the magistrate assigned to the Court of Magistrates (Gozo ) i s tem poraril y ab sen t fro m G o zo wit h th e permission of the Minister responsible for justice, or is, through a l a wf ul i m p e d i m e nt , p r ecl ud ed fro m perf or min g hi s du ti es, t h e inquest and all proceedings connected therewith may, with the consent of the Attorney General, be held by the registrar who shall for such purpose have all the powers and duties conferred by this Title upon a magistrate.
Inquest to be held by magistrate, Amended by:
IX. 1859.29; VII. 1880.6;
VI. 1939.2;
L.N. 4 of 1963;
L.N. 46 of 1965;
XXXI. 1966.2;
LVIII. 1974.68;
VIII. 1990.3;
III. 2002.131.
or, in certain cases before the Court of Magistrates
(Gozo), by registrar of that court.
548. The necessary experts shall be employed for the purposes of the inquest, and a procès-verbal thereof shall be drawn up:
Provided that the magistrate may, where he deems it to be so expedient, empower the experts to receive documents and to examine witnesses
on oath and to take down their depositions in writing and the provisions of article 650(5) and of article 653(3) shall, mutatis mutandis, apply:
Provided further, however, that the "in genere" shall be examined only by persons of the competent profession, whenever it appears to be so expedient for reasons of decency:
Provided further that, without prejudice to the provisions of article 552(2), no expert shall be appointed solely for the purpose
of examining witnesses on oath and taking down their depositions in writing and establishing the relevant facts.
Procès-verbal of inquest.
Amended by:
XIII.1980.20;
XXXII. 1986.9;
XXIX. 1990.25.
Signatures to procès-verbal. Amended by: X.1858.1; XIII.1980.21.
Report of experts and depositions of witnesses to be annexed to procès- verbal.
Mode of taking deposition of witnesses.
549. (1) The procès-verbal shall be signed by the magistrate or officer holding the inquest.
(2) If the experts employed shall express their opinion in a written report duly confirmed on oath, such report shall be
annexed to the procès-verbal and shall be deemed to form part thereof.
(3) The depositions of witnesses examined at the inquest shall also be annexed to the procès-verbal.
(4) Such depositions shall be taken in the manner provided for the examination of witnesses by the court of criminal inquiry, and
shall have the like effect.
Probatory force of procès-verbal. Amended by: X.1858.2;
L.N. 46 of 1965; LVIII. 1974.68;
XXVII. 1975.40; XIII.1980.22;
XVI. 2006.13.
Duty of Attorney General to include in his list of witnesses, the experts and witnesses examined at the inquest.
Production at trial of documents and articles exhibited at inquest.
550. (1) The procès-verbal, if regularly drawn up, shall be received as evidence in the trial of the cause, and the witnesses, experts or other persons
who took part in the inquest shall not be produced to gi ve evidence in the in quiry befo re the Court of Magistrates as court of
criminal inquiry.
(2) Nevertheless it shall be lawful for the Police to produce any of the persons mentioned in subarticle (1) to give evidence in
the inquiry before the Court of Magistrates as court of criminal inquiry on specific issues and for the Attorney General to produce
any of the said persons in accordance with the provisions of article 405. It shall also be lawful for the person charged to produce
any of the said persons for the purpose of cross-examination.
(3) The court shall also, for the like effect, have power to order the production of any expert or other witness who shall appear
from the procès-verbal to have been examined at the inquest; and for such purpose any such expert or witness shall, in all cases within the jurisdiction
of the Criminal Court, be included in the list of the witnesses of the Attorney General, to be, if necessary, examined.
(4) All documents, however, and any other material object, in respect of which a procès-verbal has been drawn up, and which can be preserved and conveniently exhibited, shall always be produced at the trial, together with the
procès-verbal.
(5) The procès-verbal shall be deemed to have been regularly drawn up if it contains a short summary of the report, information or complaint, a list of
the witnesses heard and evidence collected, and a final paragraph containing t h e fin d ings of the inqu iring magistrate.
Magistrate to inform Attorney General of delay. Added by:
XXIX. 1990.26. Amended by:
XVI. 2006.14; VII. 2010.35.
550A. (1) Where the procès-verbal is not drawn up within sixty days from the report, information or complaint referred to in article
546(1) or in article 551(1), or where the "repertus" referred to in article 558(1) is not drawn up within sixty days from the discovery of the document, the magistrate shall draw
up a report stating the
reason for the delay, and this report shall be transm itted by the magistrate to the Attorney General not later than three working
days from the lapse of the sixty days.
(2) At the end of every month after the first report shall have been drawn up, the magistrate shall draw up another report stating
again the reason for the delay, and every such subsequent report shall be transmitted by the magistrate to the Attorney General not
later than three working days from the lapse of the month.
(3) After the lapse of the period of sixty days referred to in subarticle (1) every interested person may by application request
the magistrate to be heard as a witness, or to hear as witnesses the persons indicated in the application. The application shall
be served on the Attorney General who may reply within four days.
(4) The Magistrate shall communicate to the Attorney General such inform atio n about the inquest as may be requested by th e Attorney
General who moreover shall, at all times, have access to the record of the proceedings of the inquest and to all documents and material
objects exhibited in the course of the inquest including the reports of experts and depositions of witnesses.
551. (1) In cases of sudden or violent or suspicious death or of death whereof the cause is unknown, a report thereof shall be made by
the Executive Police to a magistrate; the magistrate shall hold an inquest on the body for the purpose of ascertaining the cause
of death and shall, for that object, take all such evidence as may be possi ble fo r hi m t o procure; af ter ta king all the evidence,
the mag i strat e sh all draw up and sign a procès -v erbal sta t ing his finding as to the cause of death.
(2) Whenever a person dies while he is imprisoned or detained in any place of confinement contemplated in the Prisons Act, or while he is in Police custody, an inquest shall be held and a procès- verbal shall be drawn up for the purposes of and in accordance with the provisions of subarticle (1).
(3) The provision of the last preceding subarticle shall also apply whenever a person dies in Mount Carmel Hospital while
he is kept there under an order of a court made pursuant to subarticle (3) of article 525 or to article 623(1) or for the purpose
of his being examined by experts appointed by the court to report on the plea of insanity.
(4) Notwithstanding the provisions of subarticle (1), in cases of sudden death or of death the cause whereof is unknown, the magistra
te may, instead of holding in pers on an inquest on the body, and without prejudice to his powers under article 552, act as provided
in article 546(3), and where he so acts the provisions of that subarticle shall, mutatis mutandis, apply.
(5) The provisions of article 547(2) shall apply to inquests held for the purpose of this article.
Inquest on body in cases of sudden death, etc. Amended by:
XXX. 1934.16; VI. 1939.3;
X. 1960.2;
L.N. 4 of 1963;
L.N. 46 of 1965;
XXXI. 1966.2;
III. 1971.17;
LVIII. 1974.68;
XXII. 1976.4;
XIII. 1980.23;
VIII. 1990.3;
III. 2002.132.
Cap. 260.
(2) For the purposes of this article and of article 551(1), the magistrate may appoint a medical expert or experts and he may also empower such expert or experts to hear evidence on oath for establishing the identity of the body and to ascertain the cause of death.
Autopsy. Substituted by: XIII.1980.24.
Exhumation of body.
Powers of magistrate holding inquest.
Amended by: XXIX. 1990.27; III. 2002.133.
(2) It shall also be lawful for the magistrate to order that any suspect be photographed or measured or that his fingerprints
be taken or that any p a rt of his bo dy o r cloth i ng be ex amin ed by experts appointed by him for the purpose:
Provided that where the magistrate is of the opinion that such photographs (negatives and prints), fingerprint impressions, records
of measurements and any other thing obtained from the body or clothing as aforesaid are no longer required for the purpose o f t
h e i nqui ry rel a t i ng to th e " in genere ", he shal l o r der th eir destruction or shall order that they be handed over to the person to whom they refer.
(3) In any proceedings under this Title the magistrate shall have the same powers and privileges of a magistrate presiding
the Court of Magistrates as court of criminal inquiry.
Procedure to be followed in cases where material object no longer exists, etc.
Provided that where the traces shall have been destroyed, there shall also be ascertained, as far as practicable, the mode and the cause of their disappearance, and all evidence, tending to prove that the offence was actually committed, shall also be collected.
Formalities to be observed at inquiry into forgery of writings.
Amended by: III.1971.18.
556. (1) In every inquiry into cases of forgery of writings, the document averred to be false, shall, as soon as it is produced, be numbered
on every page, and there shall be drawn up a procès- verbal of the material state of such document and of its production.
(2) The procès-verbal shall describe every cancellation, addition or interlineation contained in any such document, and any oth e r ci rcu m stan
ce which may poi nt to the alteratio n o f th e document.
(3) The document averred to be false as well as the procès- verbal when it has been drawn up, shall be signed, and on every
page countersigned by the inquiring magistrate, by the registrar, and also, where practicable, by the witnesses and experts employed
at the inquiry.
(4) The inquiring magistrate may, instead of drawing up the procès-verbal referred to in this article, order that a photostatic copy of the document averred to be false be made by a person appointed by him
for such purpose which copy shall be kept in the custody of the registrar. The regi strar shall produce such copy whenever requested
by any court of criminal justice.
(2) The person with whom the document is deposited is bound, under pain of arrest, to produce it, and in default of production,
it shall be lawful to effect a search for the document and to detain such perso n until he p r o duces the document, or until such
docum ent is seized, or un til such t i m e as the court m a y t h ink proper, regard being had to his disobedience and to the importance
of the case.
(3) Nevertheless, any private person, who is in possession of any private writing averred to be false, may not be compelled to
pro d u ce such writi ng, unl ess he sh all have been previo usly summoned to produce it before the court or to state the reason
for his refusal to do so.
(4) If the reason for the refusal is not accepted, the court shall order that the said person be com p elled to pr oduce the
private writing, even by arrest or search, and by detaining such person until he produ ces t h e priva t e w r i t i n g , or u n
ti l th e pr iv ate wr it in g i s seized, or until such time as the court may think proper, regard being had to his disobedience
and to the importance of the case.
Procedure to be followed in connection with the production of the document
averred to be false.
558. (1) On the discovery of any document relating to any of fe nce, steps shall be taken to secure the existe nce and preservation
there o f, and a procès -verbal, to be kn own as "repertus", shall be drawn up.
(2) The expression "document" includes any paper and any material object which may furnish information, explanation,
or other evidence about the offence, or about the guilt or innocence of the accused.
"Repertus".
Definition of
"document".
559. For the purpose of any inquiry relating to the "in genere" or in the case of any "repertus", there shall be brought or summoned to attend on the spot qualified persons in any art or trade who may be compete n t to ascerta
in the tr aces le ft by the of fe nce, the condition and particulars of the permanent fact, the material means by which probably
the offence was committed, the effects produced by the offence, the further effects which the offence might produce, and their probable
duration.
560. For the purpose of any "repertus" relating to any weapon or
Procedure in investigations relating to the "in genere" or in the drawing up of a "repertus''.
Employment of experts.
other thing which appears to have served for the commission of the offence or to have been intended for use in the commission of the
offence or to be the result of the offence, or relating to any paper or other document which may be useful for the discovery of the
truth, there shall be brought or summoned to attend on the spot persons qu alifi ed in the par ticular art or t rade, in o rder to
establ ish the nature, the condition or use of the thing forming the subject-matter of the "repertus".
Opinion of experts. 561. The experts shall, in connection with any thing forming the subject-matter of the "repertus", make all such observations and experiments as their art or trade may suggest. They shall state the facts on which their observations
are based and shall give their opinion as provided in the last two preceding articles.
Time allowed to experts to prepare opinion.
Amended by: I.1903.31.
Ascertainment of circumstances relating to permanent fact. Amended by:
VI. 1871.35.
Opinion of experts to be confirmed on oath.
Amended by: VIII.1857.17;
XXX.1934.17.
Appointment of experts.
563. In the case of any permanent fact, every circumstance constituting the "in genere" shall be ascertained by one or more experts. Any such circumstance may, however, be ascertained by other witnesses, if their examination be sufficient to discover and establish the permanent fact the proof whereof it is necessary to secure.
(2) Subject to the provisions of article 650, the experts shall in all cases be appointed by the inquiring magistrate.
Rules regarding the "repertus". Amended by:
XXIX. 1990.28.
565. (1) Saving the provisions relating to the statements made by the experts, the following rules shall be observed in connection with
any "repertus":
(a) if the thing is by its nature liable to alteration or decay, the requisite surveys and the most accurate descriptions
thereof shall be made in terms of the preceding articles of this Title; such part of the thing as may be preserved, shall
be kept;
(b) if the thing or part of the thing kept, is such that it can be written upon, it shall be marked with the name of the officer
and all other persons taking part in the proceedings, and it shall be then wrapped up in a paper or cloth;
(c) if the thing is not such as can be written upon, it shall be placed into a proper receptacle, or into a room, and then made secure
in the presence of all the persons taking part in the proceedings;
(d) the wrapper, receptacle, or door of the room, shall be made secure with strips of paper or cloth, which shall
be sealed and then signed by the officer and all other persons taking part in the proceedings;
(e) if it becomes necessary, for the ends of justice, to reopen the wrapper, receptacle, or room, it shall be reopened,
where possible, in the presence of the persons who had previously taken part in the proceedings, and be again
made secure in the presence of the same, or, where this cannot be conveniently done, in the presence of other persons,
steps being taken to secure it as far as practicable in its former condition.
(2) In all cases, a procès-verbal shall be drawn up.
566. In collecting evidence in connection with any inquiry relating to the "in genere" or with any "repertus", it shall be lawful for the magistrate to order, if he deems it expedient so to do, that no person shall leave the place where
the investigation is being held.
567. If the door of the place where any inquiry relating to the "in genere" or any "repertus" is to take place, is found closed, and no one shall appear to open it, it shall be lawful for the magistrate to order the said
door to be forced open.
(2) Nevertheless, the omission of any such precaution or formality shall be no bar to proving, at the trial, in any manner allowed by law, the facts to which such precaution or formality relates.
(2) The Attorney General shall return any such record to the mag i st rat e or t o th e in qu iring m a gi strate wh en a ny fu
rt her investigation is to be held.
(3) Where such record is returned to the magistrate, the provisions of article 550A shall, mutatis mutandis, apply.
(4) For the purpose of subarticle (2), such record shall be returned by means of a note filed in the Court of Magistrates,
and, no twit hstanding anyt hing containe d in this Code, the Attorney General shall not be subpoenaed to exhibit such record.
(5) Where in the proces-verbal the magistrate shall have ordered that a person be arrai gned in court on any one or more charges, the magistrate shall order
that a copy of the same proces- verbal shall be transmitted by the registrar to the Commissioner of Police who, saving the provisions
of subarticle (6), shall proceed accordingly.
Powers of magistrate during the collection of evidence relating to the "in genere" or "repertus".
Court may order closed doors to be forced open.
Discretion of investigating officer in certain cases.
Transmission of record of investigation to Attorney General. Amended by:
VII. 1880.6; III. 1896.5; XI. 1900.83;
L.N. 46 of 1965; LVIII. 1974.68; VIII. 1990.3;
XXIX. 1990.29; III. 2002.134.
(6) Notwithstanding the provisions of subarticle (5), in case of doubt the Commissioner of Police may consult with the Attorney
General who may direct that no proceedings are to be taken or that the proceedings to be taken are to be for a charge or for charges
diff erent f r om those specified by the magi strate in the proces- verbal, without prejudice to the right of the Attorney General to direct otherwise whenever fresh evidence becomes available:
Provided that where the Attorney General shall have directed that no proceedings are to be taken, he shall make a report to
the President of Malta stating the reasons for his action.
Duties of Advocate for Legal Aid. Amended by:
XXI. 1971.27. Substituted by:
III. 2002.135.
Title III
OF COUNSEL FOR THE ACCUSED
(2) The request for the assistance of the Advocate for Legal Aid or for the benefi t of legal aid shall be made either by application
or orally to the Advocate for Legal Aid.
Cap. 12. (3) Article 911(4), (5) and (6) of the Code of Organization and Civil Procedure shall mutatis mutandis apply to the Advocate for Legal Aid.
(4) Where any court is informed by the accused that he has been unable to brief any advocate or that he wishes to avail himself
of the benefit of legal aid that court shall cause the declaration made by the accused to be registered in the records of the case
and shall order that such declaration, together with the details of the accused, be served on the Advocate for Legal Aid who within
two w o rk in g d a ys shal l fil e a repl y i ndi catin g i f the req u est o f the accused has been accepted and if so the name
of the Advocate for Legal Aid who will be representing the accused:
Provided that in the case of summary proceedings before the Court of Magistrates acting as a Court of Criminal Judicature the Court
shall appoint the advocate whose turn it is from the panel of advocates mentioned in article 91 of the Code of Organization and Civil Procedure to assist the accused in those proceedings as well as in any appeal from any decision given in those proceedings provided that before
filing any such appeal he shall consult the Advocate for Legal Aid who may, at any time, decide to take over the appeal.
(5) The Advocate for Legal Aid may only decline his aid on any ground which, in the opinion of the court, prima face justifies the refusal of his aid. In such event the Court shall order that the accused be represented by another advocate, who is
not himself excusable, to be appointed by the Court on the recommendation of the Advocate for Legal Aid from the panel of advocates
mentioned
Cap. 12.
in a r ticle 91 of the Code o f Org a n i zat i on and Civ il Pr oced ure
provided that the court may in exceptional circumstan ces to be stated in its decree order any other advocate to take up the defence
of the accused.
(6) The advocate appointed by the court in the exceptional circumstances referred to in subarticle (5) shall render his
services gratuitously.
(2) The provisions of subarticle (1) shall apply in the case where the Advo cate for Legal Aid, by reason of an y lawful im pediment , is un able to undertake, or to undertake alon e, the necessary defence.
Incompatibility of defence of more than one accused. Amended by:
XXI. 1971.27; III. 2002.136.
(2) If the advocate persists in his refusal, the court shall, according to circumstances, by wa y of a di scipli nary measure, either admonish him with closed doors, or reprimand him in open court , or su sp end h im fro m the exercise of his p rofessi on for a period not exceeding one month. It shall also be in the power of the court to inflict the said disciplinary penalties cumulatively.
Communication of appointment
to advocate concerned. Amended by:
III. 2002.137.
Where advocate declines appointment.
Penalties.
Title IV
OF BAIL
(2) It shall also be lawful for the President of Malta, in special cases, to grant temporary release to any accused person who is in custody for any crime or contravention, subject to such conditions as the President of Malta may think fit to impose. In default of observance by the accused of any of such conditions he shall be
Bail. Amended by: IV. 1897.1; XVI. 1921.8;
L.N. 46 of 1965; LVIII. 1974.68; III. 2002.138.
Power of President of Malta in special cases.
liable to be re-arrested forthwith.
Proceedings where a person is first brought before the Court of Magistrates.
Added by:
III. 2002.139.
(2) After hearing the prosecuting or arraigning police officer and any evidence produced as provided in subarticle (1) the court
shall in form t h e person ch ar ged or accu sed that he m a y be temporarily released from custod y on bai l b y th e co urt u
n d e r conditions to be determined by it and shall ask him what he has to say with respect to his arrest and his continued detention
and with respect to the reasons and the circumstances militating in favour of his release.
(3) Where any of the offences charged consists in any of the offences mentioned in article 575(2) the court shall, after hearing
the person charged or accused as provided in subarticle (2) of this article, ask the prosecuting or arraigning officer whether he
has any submissions to make on the question of temporary release from custody on bail of the person charged or accused and the latter
shall be allowed to respond.
(4) Where none of the offences charged consists in any of the offences mentioned in article 575(2) the court shall, after hearing
the person charged or accused as provided in subarticle (2) of this article, ask the prosecuting or arraigning officer whether he
and the Attorney General have any submissions, in writing or otherwise, to make on the question of the temporary release from custody
of the person char ged or accused an d the latter shall b e allowed to respond.
(5) At the end of submissions as provided in the preceding subarticles of this article the court shall review the circumstances
militating for or against detention.
(6) If the court finds that the continued detention of the person charged or accused is not founded on any provision of this Code
or of any other law which authorises the arrest and detention of the person in custody it shall unconditionally release that person
from custody.
(7) If the court does not find cause to release unconditionally the person charged or accused under the provisions of subarticle
(6) it may nevertheless, saving the provisions of article 575(1) and unless release is prohibited by any provision of law, release
that person from custody on bail subject to such conditions as it may deem appropriate.
(8) If the court does not find cause to release unconditionally the person charged or accused and refuses to grant that person
bail
the court shall remand that person into custody and the provisions of article 575(11) shall apply.
(9) Where the court orders the release from custody of the pe rson charged or accused, whether unconditionally or on bail
subject to conditions, under any of the provisions of this article the decision of the court to that effect shall be served on the
Attorney General by not later than the next working day and the Attorney General may apply to the Criminal Court to obtain the re-arrest
and con t in ue d de te nt io n o f t h e p e rson so rel eased or to a m e n d th e con d iti ons, i n cl udi ng t h e amo unt of
b a i l , th at may have been determined by the Court of Magistrates.
(i) a person accused of any crime against the safety of the Government, or
(ii) a person accused of any crime liable to the punishment of imprisonment for life,
the court may grant bail, only if, after taking into consideration all the circumstances of the case, the nature and seriousness
of the offence, the character, antecedents, associations and community ties of the accused, as well as any other matter which
appears to be relevant, it is satisfied that there is no danger that the accused if released on bail -
(a) will not appear when ordered by the authority specified in the bail bond; or
(b) will abscond or leave Malta; or
(c) will not observe any of the conditions which the court would consider proper to impose in its decree granting bail; or
(d) will interfere or attempt to interfere with witnesses or otherwise obstruct or attempt to obstruct the course of justice in relation
to himself or to any other person; or
(e) will commit any other offence.
(2) At any stage other than that referred to in article 574A, the demand for bail or any demand for the variation of the conditions
of bail after bail has been granted, shall be made by an application, a copy whereof shall be communicated to the Attorney General
on the same day, whenever it is made by -
(a) persons accused of fraudulent bankruptcy;
(b) persons accused of any crime under Sub-title III of Title III of Part II of Book First of this Code, if such crime is
punishable with more than one year ’s imprisonment;
(c) persons accused of any crime punishable with more than three years’ imprisonment.
(3) The Attorney General may, within the next working day, by a note, oppose the applic ation, st atin g th e reasons fo r h i
s
Crimes in respect of which bail is not granted.
Amended by: IV. 1897.1;
I. 1903.32; XVI. 1921.9; VI. 1947.15;
L.N. 46 of 1965; XXI. 1971.32; LVIII. 1974.68;
XLIX. 1981.4; XXIX. 1989.2; VIII. 1990.3;
III. 2002.140.
Application for bail.
Objection by
Attorney General.
When bail may not be refused.
opposition.
(4) Bail shall always be granted in the case referred to in the proviso to article 432(1).
(4A) Where the Court of Magistrates, whether as a court of criminal judicature or as a court of criminal inquiry, grants
bail to the person in custody or subsequently amends the bail conditions, the de cis i on of the cou r t to that effec t sha ll
be se rved on t h e Attorney General by not later than the next working day and the Attorney General may apply to the Criminal Court
to obtain the re- arrest and continued detention of the person so released or to amend the conditions, including the amount of bail,
that may have been determined by the Court of Magistrates.
(5) Where in the case of a person accused of a crime in respect of which the Court of Magistrates has proceeded to the necessary
inquiry, the Attorney General has not either -
(a) filed the indictment, or
(b) sent the accused to be tried by the Court of Magistrates as provided in paragraph of article 370(3)(a) or in article 433(5) or in similar provisions in any other law
within the terms specified in subarticle (6), to run from the day on which the person accused is brought before the said court, or
from the day on which he is arrested as provided in article 397(5), that person shall be granted bail.
(6) (a) The terms referred to in the preceding subarticle are:
(i) twelve months in the case of a crime liable to the punishment of imprisonment of less than four years;
(ii) sixteen months in the case of a crime liable to the punishment of imprisonment of four years or more but less than nine years;
and
(iii) twenty months in the case of a crime liable to the punishment of imprisonment of nine years or more.
(b) The terms mentioned in paragraph (a) shall be held in abeyance for the corresponding period during which the terms referred to in articles 401, 407 and in article
432(3) are held in abeyance for any of the reasons mentioned in article 402(1) and (2), as well as for such
period during which the court is unable to proceed with the inquiry except after the determination of any issue before any
other court.
(c) The terms mentioned in paragraph (a) shall also be held in abeyance for the corresponding period during which the record of the inquiry is with the Court of Magistrates
for the examination of witnesses as provided in article 405(5).
(7) Bail shall also always be granted to a person accused of an offence unless, within the terms specified in subarticle (9), to
run as provi ded in subarticle (8), t h ere has b e en a fi nal j udgm ent
acquitting, convicting or sentencing the person so accused. (8) The terms specified in subarticle (9) shall run:
(a) where no inquiry has taken place, from the day when the person accused has been brought before the Court of Magistrates or from
the day on which he has been arrested as provided in article 397(5);
(b) where there has been an inquiry, from the day that the Attorney General sends the accused to be tried by the Court of Magistrates
as provided in article 370(3)(a) or in article 433(5) or in similar provisions in any other law, or from the day of the filing of the indictment:
Provided that where the accused makes objection to the case being dealt with summarily as provided in article 370(3)(d), the term shall commence to run from the date of the filing of the indictment.
(9) (a) The terms referred to in subarticles (7) and (8) are:
(i) four months in the case of a contravention or of a crime liable to the punishments established for contraventions or to imprisonment
for a term not exceeding six months;
(ii) eight months in the case of a crime liable to the punishment of imprisonment for a term exceeding six months
but not exceeding four years;
(iii) twelve months in the case of a crime liable to the punishment of imprisonment for a term exceeding four years
but not exceeding ten years;
(iv) twenty-four months in the case of a crime liable to the punishment of imprisonment for a term exceeding ten years but
not exceeding fifteen years;
(v) thirty months in the case of a crime liable to the punishment of imprisonment for a term exceeding fifteen years.
(b) The terms mentioned in paragraph (a) shall be held in abeyance -
(i) for such period during which the court is unable to proceed with the hearing of the cause except after the determination of
any issue before any other court of for any of the reasons mentioned in article 402(1) and (2);
(ii) for the corresponding period during which the record of the inquiry is with the Court of Magistrates for the
examination of witnesses demanded by the accused as provided in article
406;
(iii) for such period as the case is before the Court of
Court to state reasons.
Criminal Appeal on an appeal entered by the accused from an interlocutory decree or on an appeal entered by the accused or
by the Attorney General as provided in article 499;
(iv) where the cause has been adjourned at the request of the accused or his counsel, for the period from the date
of the request to the date of the next hearing.
(10) The provisions of subarticles (5) and (7) shall not apply if at the time the request for bail is made or within a week thereafter
the indictment shall have been filed, or when a warrant of arrest against the person accused has been issued as provided in article
579, whether in the same or in any other cause still pending against him before any court of criminal justice.
(11) In refusing to grant bail the court shall state the reasons for such refusal in its decree refusing bail which decree shall
be served on the person accused.
Bail in respect of scheduled offences.
Added by: XVI. 2006.15.
(a) is charged with a scheduled offence and with being a recidivist in terms of articles 50 and 51; and
(b) has been previously found guilty of a scheduled offence by means of a judgment which has become res judicata,
t h e order of the Court shal l b e giv e n i n op en cou r t on a date previously notified to the prosecution and the person charged
and shall be served on the Attorney General by not later than the next working day.
(2) The Attorney General may, not later than the next working day follo wing t h e date of serv ice of t h e order of t h e Court
of Magistr a tes, apply to th e Crim inal Cour t f o r th e revocation or amendment of the order and the Criminal Court shall appoint
the application for hearing not later than two working days from the filing of the application. The Criminal Court shall give its
decision on the application with urgency.
(3) The execution of the order of the Court of Magistrates ordering the temporary release of the person charged shall
be suspended during the period allowed to the Attorney General to apply to the Criminal Court under this article and, following
such application, until the Criminal Court gives its decision thereon.
(4) The provisions of article 575(1) shall apply also in the case of a person charged with a scheduled offence.
(5) For the purposes of this article "scheduled offence" means any offence listed in the Schedule D.
(2) It may also be given, whenever the court shall deem it proper, by the mere deposit of the sum or of an equivalent
pledge, or by the mere recognizance of the person accused.
(3) Nevertheless, in cases of contraventions or of crimes within the jurisdiction of the Court of Magistrates as court of criminal
judicature in terms of article 370(1) and article 371(2), it shall be lawful for the court, if it deems it expedient so to do, to
exempt the ac cus e d, while the case is pending, from any of the modes of security mentioned in this article.
(4) Persons accused of any crime outside the jurisdiction of the Court of Magistrates as court of criminal judicature may, in
the absence of opp osi tion o n the part of th e At torney General, be exem pt ed from any of the modes of security mentioned
in this article, where it appears from a certificate under the hand of the Com missioner of Police that they are poor and of good
m o ral character.
Amount of security. Amended by: IV.1897.2.
Different modes of security.
Amended by:
IV. 1897.3;
L.N. 46 of 1965;
LVIII. 1974.68;
VIII. 1990.3;
III. 2002.141.
Provided that it shall be lawful for the court, at any subsequent stage of the proceedings, on the demand of the Police or the Attorney Gener al, as the case may be, on go od cause being shown, and after hearing the person charged or accused, to deprive him of the benefit of such temporary release, and to order his re- arrest.
Effect of security.
Amended by:
XII. 1914.13;
L.N. 46 of 1965;
LVIII.1974.68.
Provided that this article shall not apply where the court considers that the infringement of the condition im posed in the decree
granting bail is not of serious consequence.
(2) Any person who fails to observe any of the conditions imposed by the court in its decree granting bail shall be guilty
of an offence and shall, on conviction, be liable to the punishment of a fine (multa) or to a term of imprisonment not exceeding six months, or to both such fine and imprisonment and the sum stated in the bail
Consequences of default of appearance of person admitted to bail, etc.
Amended by: XXII. 1976.4.
Substituted by: XXIX. 1989.3.
Amended by: XXIX. 1990.30; III. 2002.142;
XVI. 2006.16; XI. 2009.10.
bond may be forfeited to the Government of Malta.
(3) Notwithstanding the provisions of any law, any person charged with any offence as mentioned in subarticle (2) shall
be arraigned in Court under arrest, and it shall be lawful for the Police to request in the same proceedings the revocation of bail
and the re- arrest of su ch person. The pr oceed i ngs fo r an of fen c e u nder subarticle (2) shall be taken by the Police and
shall be decided by the Court with urgency.
(4) It shall be lawful for the Police to enter into any premises in order to ens u re that the cond it ion s im posed by the cour
t as m en tioned in subarticle (1) are being observed. It sh all al so be lawful for the Police to arrest without warrant any person
suspected of an offence under subarticle (2).
Court by which bail is granted. Amended by: VI. 1871.36;
L.N. 46 of 1965; XXV. 1967.24;
LVIII. 1974.68; XXVII. 1975.40;
VIII. 1990.3; III. 2002.143.
When bail may be applied for.
Mode of applying for bail before the Criminal Court,
before Court of
Magistrates.
(2) The demand for bail may be made at any stage of the proceedi ngs sub s equ e nt to the takin g d o wn in w r iti
ng o f th e complaint or report and the examination referred to in article 390, and any such demand may be made not only during the
inquiry, but also to the judge sitting in the Criminal Court after the accused has been committed for trial or after the filing of
the indictment, even tho ugh bail had n o t been granted to him b y t h e Co urt of Magistrates.
(3) The demand for bail before the Criminal Court shall be m a de b y an application whereupon the court shall, i f t
h e application, is opposed by the Attorney General, appoint a day for hearing the applicant and the Attorney General, causing them
to be served with a copy of the decree.
(4) Except as provided in article 575(2), the demand for bail before the Court of Magistrates shall be made orally.
Party bailed arrested for default, not to be
re-admitted to bail.
Bail not to be granted by the court ex officio.
Court may require previous notice of proposed surety.
Power of court to extend time for appearance of accused.
582. (1) The court may not ex officio grant bail, unless it is applied for by the person charged or accused.
(2) The court may require a previous notice of twenty-four hours of the proposed surety.
(3) It shall be lawful for the court, on just cause being shown, to extend the time originally appointed for the appearance of
the person charged or accused.
Provided that the person charged or accused may again be bailed, if he gives new security.
Right of surety to be released from his recognizance in certain cases.
In the case of contraventions, other than the contravention referred to in article 338(t), the amount of the security shall be from four euro and sixty-six cents (4.66) to nine euro and thirty-two cents (9.32); in the case of the contravention referred to in article 338(t) or of any crime pun ishabl e wi th det e n tio n, or wi th less t h an one year ’s imprisonment, the amount of the security shall be from forty-six euro and fifty-nine cents (46.59) to twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (23,293.73); and in any other case the amount of the security shall be such sum, being not less than one hundred and sixteen euro and forty-seven cents (116.47), as the court shall deem, in the circumstances, sufficient to ensure as far as possible that the person charged or accused will appear as provided by law.
Mode of regulating the amount of bail. Amended by:
IV. 1897.4; II.1973.8;
XXXVIII.1973. 4; XLIX. 1981.4;
XIII.1983.5;
L.N. 407 of 2007.
(2) The provisions of subarticle (1) shall also apply to the party ch arged or accused if such party was boun d togeth er with his surety, whet her jo intly and sev e rally or ot herwise, or if the recognizance was entered into by the party charged or accused alone, notwithstanding that such party was arrested, sentenced, or acquitted in respect of the offence for which he had been bailed.
Recovery of bail. Amended by: VIII. 1857.18.
Provided that in no case shall detention for non-payment of the sum in which a person has bound himself exceed six months if the amount
is not higher than seven thousand euro (7,000), one year if the amount is not higher than thir ty thou sand euro (30,00 0) , eighteen
months if the amount is not higher than eighty thousand euro (80,000) and two years if it is higher than eighty thousand euro (80,000).
(2) If the person so detained has no means of his own with whi c h to m a in tai n h i m s elf , h e sha ll be ma int a in ed by
th e
Detention for non- payment of sum of recognizance. Amended by: IV.1874.11;
XXIX. 1990.31; L.N. 407 of 2007;
XXI. 2011.46.
Government, in which case he may be compelled to work like other prisoners subjected to work, and may be kept in any prison.
Substitution of surety in certain cases.
Amended by: III. 2002.144.
Form of indictment. Amended by: Order-in-Council of 1899, s.7;
XVI. 1932.9; L.N. 46 of 1965;
LVIII. 1974.68; XXVII. 1975.40.
Contents of indictment. Amended by: XIV.1889.48; XI.1900.84,85; XXX.1934.18; L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.35; XXII. 1976.4.
Title V
OF THE INDICTMENT
Republic of Malta and shall -
(a) specify the court before which it is preferred;
(b) contain a clear indication of the person accused;
(c) state the facts constituting the offence with such particulars as can be given relating to the time and place in which
the facts took place and to the person against whom the offence was committed, together with all such circumstances as, according
to law and in the opinion of the Attorney General, may increase or diminish the punishment for the offence; and
(d) end with a summary in which the accused shall be charged with the offence as specified or described by the law, and
with the demand that the accused be proceeded against according to law, and that he be sentenced to the punishment
prescribed by law (quoting the article of the law creating the offence) or to any other punishment applicable according to
law to the declaration of guilty of the accused:
Cap. 248. Provided that, in the case of offences against the Press Act, con s i s t i ng in ab uses in t h e pu blicati on of p r in ted m a tter, the Attorney General may, instead of inserting in
the indictment the wor d s o f th e pri n t e d matter co nsti tut i ng th e of f e n c e, mak e a reference to the printed matter
or to the part of the printed matter constituting the offence, but, in any such case, a copy of the printed matter shall be annexed
to the indictment, unless it exists in the record of the inquiry.
Filing of indictment. Amended by: LIII.1981.9.
(2) With the indictment the Attorney General shall also file the
r e co rd of th e in qu iry t o g e t h er wi th a li st of th e wi tn esses, documents and other exhibits which he intends to produce
at the trial.
(a) if they are committed at the same time by several persons together;
(b) if they are committed at different times, in different places, and by divers persons, in pursuance of a pre- concerted plan;
(c) if an offence is committed with the object of procuring the means for the commission of another offence;
(d) if an offence is committed with the object of facilitating the commission or completion of another offence, or
of ensuring impunity for another offence.
Joinder of charges in the same indictment.
When offences are said to be connected.
(2) Nevertheless the court may, upon the demand of the
Attorney General, order that such offences be tried separately.
One indictment against the same person for more offences although not connected. Amended by: XI.1900.86;
L.N. 46 of 1965; LVIII. 1974.68.
Court may order separate trial.
Other cases where court may order separate trial. Amended by:
XI. 1900.86;
L.N. 46 of 1965;
LVIII. 1974.68;
III. 1976.6.
Court may order joinder of indictments. Amended by:
XI. 1900.86;
L.N. 46 of 1965;
LVIII. 1974.68.
Attorney General may include excuse in the indictment. Amended by:
L.N. 46 of 1965; LVIII. 1974.68.
Amendment of indictment by court ex officio or upon plea of accused, Amended by:
V. 1868.34; VI. 1871.37;
III. 1896.6; XII. 1913.23;
L.N. 46 of 1965; LVIII. 1974.68; III. 2002.145.
or upon demand of
Attorney General.
597. (1) It shall be in the power of the court, either ex officio, or upon th e pl ea of the accused, to make an order for the amendment of th e indictm ent, provided th is is done before the accused
pleads to th e general issue of guilty or not guilty: but nothing shall be added which might render the offence of a graver character.
(2) Any such order may also be made upon the demand of the A t t o rn ey G e ne ra l in t h e ca se of a n y error or defect in
t h e indictment, even though, on the ground of such error or defect, the accused has set up the plea, or the court ex officio has raised the question, of the nullity of the indictment.
Accused may demand adjournment of trial.
Defects in inquiry constituting grounds for impugning indictment.
Want of jurisdiction of court of inquiry ratione loci not to constitute ground for impugning indictment.
(3) Where an amendment of the indictment has been ordered by the court either ex officio or u pon the d e mand of the A ttorney Ge neral, it shall be lawful for the accused to demand the adjournment of the trial in order
that he may prepare his defence.
(4) The indictment cannot be impugned on the ground of any defect in the record of inquiry, nor can the accused demand that, on
the ground of any such defect, the trial on the said indictment be not proceeded with, unless such defect consists in the total absence
of the repor t of the Police officer or of the examination of the accused or of the order committing the accused for trial, or in
the refusal of the court of criminal inquiry, without just cause, to hear the evidence produced by the accused; saving always the
right of the accused and the Attorney General to oppose the production, at the trial, of any act tendered in evidence which is not
according to law.
(5) Nor can an indictment be impugned for want of jurisdiction of the court which held the inquiry, on the ground that the inquiry
should have been held by the Court of Magistrates (Malta) and not by the Court of Magistrates (Gozo) or by the Court of Magistrates
(Gozo) and not by the Court of Magistrates (Malta).
Correction of error in name of
accused.
(2) If the accused shall not take exception to any such error before pleading to the general issue of guilty or not guilty, the
trial shall be proceeded with as if the name and particulars stated in the indictment were truly those of the accused:
Provided that the court shall have power to make, at any subsequent stage, the addi tion of t h e real name or th e true particulars,
should these become known; in which case, the fact shall be noted down in the proceedings.
Provided that, in such case, no account shall be taken of any aggravation of the offence which might result from such correction unless
such aggravation was expressly stated in the indictment; and the co urt, i f it i s sat i sfied t h at suc h c o rrect io n mi gh
t hav e p r eju d i c ed th e accu sed i n h i s defence, may, up on hi s deman d , discharge the jury, and adjourn the cause to
another day, for the purpose of giving him time to prepare his defence on the indictment as amended, provided the accused makes his
demand at any stage previo us to t he summ ing-up referred to in art icle 465 or, i f t he amendment of the indictment is made after
the said summing-up, before the verdict of the jury.
(2) Any error in the reference to the article of this Code or of any other law prescribing the punishment the application of which
is demanded in the indictment, may be corrected at any stage up to the delivery of the judgment.
(3) Any defect or error referred to in this article may be pointed out by the Attorney General or by the accused or his advocate
or by the court ex officio.
Correction of errors in indictment resulting from
evidence produced at trial.
Amended by: IV.1856.44; IX.1857.17;
V.1868.35;
L.N. 46 of 1965;
LVIII.1974.68.
Aggravation of offence resulting from correction of errors not to be taken into account. Powers of Court.
Error in the quotation of the law.
By whom defect or error may be pointed out.
(2) In either case, the withdrawal of the indictment shall not operate so as to bar the taking of entirely new proceedings against the accused, on the discovery of fresh evidence.
Withdrawal of indictment, Amended by: L.N. 46 of 1965; LVIII. 1974.68.
not to operate so as to bar new proceedings on fresh evidence.
602. Where the indictment is not filed within the prescribed time, the court may, at the request of the accused, and after hearing
the Attorney General, order the discharge of the accused, and the provisions of article 434 shall, mutatis mutandis, apply:
Provided that this provision shall not apply if at the time the request is made the indictment shall have been filed.
Accused may not be found guilty of offence not charged in the indictment.
Default of filing indictment within prescribed time. Amended by:
V. 1868.36;
L.N. 46 of 1965;
LVIII. 1974.68;
III. 2002.146.
Qualifications to serve as juror. Amended by: X.1858.3; X.1896.2; XXX.1934.19; L.N. 46 of 1965; XXXIII. 1972.6; XLIX. 1981.4.
Title VI
OF JURORS
Disqualifications. (2) Nevertheless no person who has been found guilty by any competent court in Malta of any crime liable to the punishment of death or to imprisonment for a term exceeding one year, or of any of the crimes affecting the peace and honour of families referred to in Sub-title II of Title VII of Part II of Book First of this Code shall be qualified to serve as a juror:
Provided that this provision shall not apply to any such person who has obtained a free pardon or to any person convicted of
involuntary homicide or of any other crime against the person, excusable on any of the grounds referred to in article 227, and in
article 230(a) and (b).
(3) The provisions of subarticle (2) shall apply to any person w h o h a s b een fo un d gu ilt y by a competent court of an y
ot her country of any of the crimes mentioned in the said subarticle or of any crime which, however described in the law of that
country, falls within the description of any of the said crimes.
Disabilities. (4) The following persons shall not be competent to serve as jurors:
(a) persons who are interdicted or incapacitated; (b) undischarged bankrupts;
(c) persons who, owing to any notorious physical or mental defect, are reputed to be unfit to serve as jurors;
(d) persons who are under trial for any crime, until the trial has terminated.
Exemptions. Amended by: X.1858.4; X.1896.3; VIII.1909.54; X.1960.3; XXV.1962.5; L.N. 46 of 1965;
XXVII.1970.186; XXVII.1975.36,
40;
IV. 1994.17;
XXIV. 1995.360,
362;
III. 2002.147;
I. 2005.24;
XVI. 2006.17.
Members of the House of Representatives, Mayors and Executive Secretari e s of Local Councils, judg es, honorary consuls, cler gymen,
members of the Arme d F o r ces of Mal t a , p e rs o n s holding the office of Head of a Government Department and their deputies,
the magistrates, the Registrar of Courts, officers of the Executive Police, profess o rs an d full-time teachers of the Uni v er
si ty, teachers o f the se co ndary, pr imary and t e chni cal schools, District Medical Officers, health inspectors, the Principal
Probation Officer and Probation Officers and any other persons of such a description as the Minister responsible for justice may,
from
time to time, prescribe by Order in the Gazette.
(2) Moreover the court may, on an application to that effect,
exempt from serving as a juror, any apothecary of a village and any p h y s ici a n, sur g eo n or ob st et rician actua lly p r acti
s in g hi s pr ofession , and, in general, any person who has complete d the sixtieth year of his age, unless, in some particular
case, the court deems otherwise for the ends of justice.
(3) A person who has the care of a family or of a person who suffers from any physical or mental infirmity shall also be exempt
from serving as a juror.
(a) a list of persons duly qualified and sufficiently competent to serve as jurors for the trial of Maltese- speaking
persons;
(b) a list of persons who, being duly qualified to serve as jurors in all respects other than a competent knowledge
of the Maltese language, are competently versed in the English language so as to be able to understand and follow the
proceedings conducted in that language.
(2) The lists shall be called the "List of Jurors for the trial of Maltese-speaking persons" and the "List of Special
Jurors for the trial of English-speaking persons" respectively. The lists shall be drawn up in alphabetical order of surnames
and shall contain the name, surname, profession and residence of each juror.
(3) From the entire number of persons shown on the said lists a further list shall b e d r awn up containing the names o f persons
competent to serve as foremen. The number of foremen shall not exceed one-sixth of the entire number in each list.
(4) The foremen shall possess the further qualification of having actually served on a jury in the Criminal Court.
(5) The lists shall be published in the Gazette in the month of
August of each year.
(6) Within fifteen days from the publication of the lists, any person who, possessing the qualifications required by law to serve
as a juror or special juror, may desire to be registered, or who, not possessing the qualifications required by law to serve as a
juror or special juror, may desire to be struck off the list, shall make an application to that effect to the Criminal Court.
(7) The court shall proceed summarily on the application.
(8) The registrar shall note on the lists any corrections which the court may order.
(9) Within the first fifteen days in the month of November of each year, the amended lists of jurors and of special jurors liable
to serve in the following year, shall be published in the Gazette:
Compilation of lists of jurors. Amended by: X.1858.5; X.1896.4,5,6,7; Order-in-Council of 1899, s. 8 (a), (b), (c);
VIII. 1909.55; XVI. 1932.10; XXX. 1934.20; XX. 1936.5; XXXIII. 1972.7; XLVI. 1973.108; XXVII. 1975.40; IV. 1994.18; XXIV. 1995.362; XVI. 2006.18.
Provided, however, that it shall be lawful for the officials referred to in subarticle (1) at any time to add to the said lists the
name of any other qualified juror or special juror, and, in any such case, any name so added shall be published in the Gazette and
the provisions of subarticles (6), (7) and (8) shall apply.
(10) Supplementary amended lists of jurors and of special jurors with such correcti ons as may be ord e red b y th e cour t shall
b e published in the Gazette.
(11) Upon the publication of the lists referred to in subarticles (9) and (10), the names of the persons entered on the lists shall
be written on separate ballots of parchment or paper as nearly as may be equal in shape and size. The names of the jurors and of
the foremen of jurors shall be put in two separate boxes and the names of the special jurors and of the special foremen of jurors
shall be put in two other separate boxes.
(12) The boxes shall be kept by the registrar under lock and key and shall be opened in the presence of the judge or judges in open
court.
(13) It shall be lawful for the judges of the Criminal Court or for any two of such judges to cause the names of the persons whom
the said judges shall deem to be incompetent to serve as jurors to be struck off the lists.
Monthly drawing of ballots. Amended by:
IV. 1856.45; X. 1896.8; III. 1976.7;
XIV. 1976.3; XVI. 2006.19.
Publication of names in Gazette.
Provided that the Minister responsible for justice may, by means of an Order in the Gazette, establish different methods of selection
based on a computerised mechanism.
(2) The ballots drawn shall be kept by the registrar and the boxes shall be again closed and sealed.
(3) If, before the end of the year, in each of the boxes there shall not remain a number of ballots corresponding to one-sixth
part of the registered jurors, the registrar shall replace in the boxes the ballots drawn during the year, bearing the names of the
jurors who did not serve during that year.
(4) In the drawing of the ballots, the names of those who have died or are under any of the disqualifications or disabilities referred
to in article 603(2), (3) and (4) or are exempt under article 604, shall not be taken into account and shall be considered as if
they had not been drawn. The ballots referring to such persons shall be taken away from the boxes.
(5) The registrar shall cause the list of names so drawn to be published in the Gazette.
(6) Whenever two or more judges are appointed to sit separately in the court, or whenever the registrar is for
any other reason so authorised by the court, the registrar may draw and publish two or more separate lists of names of persons
who are to
serve as jurors, each list being drawn and published in accordance with the foregoing provisions of this article, and all the provisions
of the law shall apply to each and every one of such lists separately.
(7) Whenever in the opinion of the court the number of foremen or of common jurors, or of both, to be drawn in any month
or for the purpose of any particular trial (including a trial that has been adjourned for any of the reasons referred to in article
613) should be greater than the number prescribed in subarticle (1) or in article 618, the court may order such number of ballots
to be drawn fro m the box es containi ng th e n a mes of the foremen or o f the common jurors, or of both, as it may deem appropriate.
(2) The court shall examine the application and, if it deems the reason alleged to be good, shall order the registrar to cancel
the name of such person, and to substitute therefor the name of another person.
(3) Any other person who, on account of absence or for any other reason, cannot be summoned shall be substituted by another.
(4) A list containing the names of the substituted persons shall be posted up at the door of the hall in which the court sits at
least twenty-four hours before the trial for which such persons shall have been summoned, either as foremen or as common jurors.
(5) Any application by any such substituted person who is not quali fied or liable to serv e as juror or has a good reason t
o be exempted from serving as a juror shall be determined by the court on the day of the hearing of the cause before the reading
out of the indictment.
(6) In the case of a person referred to in article 604, a request not to serve as a juror may be made by means of a letter addressed
to the registrar, and such letter shall be deemed to be an application for all purposes of this article.
(7) Before exempting a person from serving as a juror as provided in subarticles (2) and (5) and in article 611(5), the
court may require to hear on oath the person requesting such exemption.
Application for exemption from serving as juror. Amended by: IV.1856.46; IV.1994.19.
Court to examine application.
Substitution of jurors.
Posting up of list of substituted jurors.
Application for exemption by substituted jurors.
(2) Any person substituted in accordance with the provisions of the last preceding article shall be summoned in the same manner
as provided in subarticle (1) at least two days before the day of the trial.
(3) The provisions contained in article 441(3) shall apply to the
Summoning of jurors. Amended by: IV. 1856.47;
V. 1868.37; XII. 1913.24;
III. 2002.148.
summoning of jurors.
(4) Regulations made under article 362(2) for service by post shall also apply to the service of the writ referred to in subarticle
(1) of this article and the provisions of subarticles (3) and (4) of the said article 362 shall mutatis mutandis apply to the service of a writ under this article. A person served with the said writ as provided in the said reg u lat i ons or as
prov id ed in this subart icle sh all b e deemed to have been summoned in the manner provided in this article.
Non-appearance of jurors.
Substituted by: XIV. 1976.4.
Penalty.
Power of court to remit penalty.
609. Any person summoned in the manner provided in the last preceding article who, without good cause to the satisfaction of the court,
fails to appear at the time stated in the writ, or who, having appeared, withdraws before he is dismissed by the court, shall be
forthwith sentenced by the court to a fine (multa), and shall be liable to be compelled to appear to serve as juror by means of a warrant of escort or of arrest:
Provided that the court may, on an application to that effect, remit the fine, if it is satisfied that there was good cause for
the non-appearance or withdrawal.
Constitution of jury.
Amended by:
X.1896.9;
XIV. 1976.5.
Supplementary jurors.
Death or impediment of foreman of jury.
(2) Nevertheless, if the cause should appear to be of such nature as to require a long hearing, the court may, before
the ballot of the jurors, order the drawing of not more than six other names, and the jurors whose names shall be drawn after the
names of the first eight common jurors have been drawn, shall be supplementary jurors, and shall attend at the trial of the cause.
(3) All the provisions of the law relating to the jury and to the jurors forming the jury, shall apply to such supplementary jurors,
but such supplementary jurors shall not be present at nor take part in any deliberation, save in the case of death or any impediment
of any of the other jurors.
(4) The court shall decide as to the lawfulness of the impediment, and any substitution shall be made in the
same order in which the names of the supplementary jurors shall have been drawn.
(5) In the case of death or impediment of the foreman, his duties shall be discharged by one of the other jurors to be
appointed by the court.
The names of the persons summoned to serve as jurors shall be written on separate ballots of parchment or paper as nearly as may be
equal in shape and size. The registrar shall read aloud in court first the ballots bearing the names of the foremen and shall put
t h em int o a bo x, then th ose b e ar ing t h e n a m e s of th e commo n jurors, which he shall put into another box. Afterwards,
having sh aken th e b ox cont ain i ng th e b a llo ts w ith t h e n a mes of th e foremen, he shall draw one ballot and shall
read aloud the name written thereon. The person whose name is so drawn, shall come forward, and the registrar shall ask first the
Attorney General and t h en th e part y accused wh ether t h e y in te nd t o challe nge such person.
(2) Challenges may be either peremptory or for cause. Challenges are peremptory when made without reason assigned,
and their e f fect shall be that the pers on challenged s h a l l be excluded from serving as a juror at the trial. Challenges
are for cause when made by assigning a reason, and their effect shall be that, if such reason is approved by the court, the challenge
shall be allowed and the person shall be excluded; but if the reason assigned is not so approved, the challenge shall be disallowed
and the person admitted:
Provided that for the purpose of challenging a juror for cause the Attorney General or the accused may request that the juror
be called to reply on oath to questions to be put to the juror to establish the reason for the challenge.
(3) The number of peremptory challenges allowed to the Attorney General and to each of the accused is three; but, where
the accused in one cause are more than three, each of them has a right to two peremptory challenges only.
(4) A challenge made by one accused shall have effect also in respect of the other accused that are to be either contemporaneously
or successively tried by the same jury, notwithstanding that such other accused may not wish to make such challenge.
(5) Any person may, on good cause being shown, either before or after his name is drawn, be exempted by the court from serving
as a juror.
(6) If any person whose name is drawn does not appear or, having appeared, is challenged or exempted from serving, other n
a mes shall be d r awn in the same order, u n til a fo reman is approved.
(7) The drawing of the ballots from the box containing the names of the common jurors shall then take place in the same
manner pro v ided for the drawing of th e fo reman un til eigh t common jurors and, if the court shall have so ordered, the number
of supplementary jurors ordered by the court are approved.
(8) The nine jurors whose names shall have been thus drawn and approved shall constitute the jury.
Formation of jury.
Amended by:
IV. 1856.48;
IX. 1859.30;
V. 1868.38;
X. 1896.9,10;
VIII. 1909.56;
L.N. 46 of 1965;
LVIII. 1974.68;
XIV. 1976.6;
XVI. 2006.20.
Challenge of jurors. Peremptory or for cause.
Number of peremptory challenges allowed.
Challenge made by one accused to
have effect in
respect of other
accused.
Power of court to exempt juror from serving.
Drawing of other names where persons drawn fail to appear, etc.
Drawing of common jurors.
Constitution of jury.
Form of oath of jurors.
Amended by:
XXVII. 1975.37.
The registrar, addressing himself to the jury, shall say:
Yo u do swea r a nd p romi se b efore God a nd ma n tha t you will examine with the most scrupulous attention the charges which shall be brought a gainst A. B.; t hat you will not bet r ay either th e interests of the accused or those of the Republic of Malta in whose name he stands accused; that you will not hold communication, without leave of the Court, with any person until your verdict shall be given; that you will not give way either to hatred or malice, or to fear or affection; that you will decide, upon the charges and the defence, according to your conscience and intimate conviction, wit h the impartia lity and f irmn ess that b ecome ho nest a nd free men. So help you God. Whereupon each of the jurors shall take the oath.
Where panel of foremen of jurors or panel of common jurors is exhausted. Amended by: VIII.1909.57; XIV.1976.7.
Power of court to allow withdrawal of peremptory challenges.
(2) Where, for any of the reasons stated in subarticle (1), the panel of common jurors is exhausted, it shall be lawful for the
court either to adjourn the trial or to appoint to act as juror any other person who m a y be present in the hall and w hom the
court considers qualified to act as juror; and such person may only be challenged for cause. The duties of foreman of the jury may
also, if necessary, be delegated to any person so appointed.
(3) Nevertheless in any of the cases referred to in subarticles (1) and (2 ), i t shal l b e law f ul for the court, for the purpose
of completing the jury and with a view to avoiding the adjournment of the tri a l, to p e rmit the p a rti e s to wi thdraw o n e
or mo re of th e peremptory challenges made by them.
Objection to juror for want of qualifications. Amended by:
L.N. 46 of 1965; LVIII.1974.68.
Benefit of exemption may not be claimed if not alleged before approval of juror.
Maintenance of jury.
Amended by: X.1896.11;
XXVII.1975.38.
(2) Jurors are entitled to all travelling expenses, in the same cases and in the same manner as witnesses.
(3) The Minister responsible for justice may by regulations provide for the payment of fees to jurors for their service.
Payment of travelling expenses.
(2) Whosoever shall, in any manner whatsoever, knowingly communicate or attempt to communicate with any person whose name
has been drawn to serve as a juror and published as provided in article 606(5) and in article 607(4), with intent to influence such
person, whether in favour of or against the accused, shall be guilty of an offence and shall, on conviction, be liable to imprisonment
for a term from three to nine months:
Provided that when such crime is committed by a public o f fi cer who s e d u t y i s to pr ev en t su ch commu nicatio n, the applicable
punishment shall be increased by one degree.
(3) The foregoing provisions of this article shall, mutatis mutandis, apply in relation to the members of the empanelled jury as they apply in relation to the persons summoned to serve as jurors or
whose name has been published as mentioned in subarticle (2).
Exemption of juror from arrest for debt.
Amended by: IX.1859.31;
III. 2002.149.
Communication with jurors.
Title VII
ALLEGATION OF INSANITY AND OTHER COLLATERAL
ISSUES BEFORE THE CRIMINAL COURT
(2) Where any person after having obtained a conditional com m utation of h i s sen t ence is, by the Ex ecutive Police, on account of the violation of the condition for the commutation of such sentence, again taken to prison or placed in the same state in
Drawing of special jurors.
Added by:
Order-in-Council
of 1899, s. 9.
Amended by:
XXX.1934.21;
XX.1936.6.
Applicability to special jury of provisions relating to jury.
Added by:
Order-in-Council
of 1899, s. 9.
Allegation of insanity or other points of fact. Amended by: IV.1856.49;
L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.40.
Violation of condition of pardon.
which he was prior to such commutation, in order to undergo or continue to undergo his sentence, any allegation of fact made by such person by reason o f whi c h , if tru e , the said con d ition as literally expressed in the act of pardon would not be deemed to be broken, shall also be determined by a jury.
Procedure. (3) Any allegation referred to in this article shall be brought before the Criminal Court by an application.
(4) On any such application, the court shall make an order, appo in ti ng a d a y for h e ari n g the applicant an d th e At to rn ey General, causing them to be served with a copy of such order.
Contestation by Attorney General to be made in writing.
Amended by: L.N. 46 of 1965; LVIII.1974.68.
Power of court to refer determination of allegation to the trial jury.
Place of custody of insane person. Amended by: VIII.1909.58; XII.1914.14; XXVII.1975.30; XVIII.1976.52; VIII.1990.3.
Cap. 262.
Expense for maintenance.
623. (1) Where, upon the allegation referred to in subarticle (1) of article 620, the accused is found to be insane, the court shall
order the accused to be kept in custody in Mount Carmel Hospital there to remain in custody and detained according to the provisions
of Part IV of the Mental Health Act, or any other provision of law or enactment applic able to the ca se , and those provisions shall apply to the accused accordingly.
(2) The expense for the maintenance and care of such insane person shall be defrayed by the Government, saving the right of the
Government to recover such expense from the property belonging t o su ch person , or, i n d e fault , fro m any p e rson l i ab le
fo r the maintenance of such insane person.
How charged. (3) The said expense shall be charged at the rates laid down in the regulations for Mount Carmel Hospital, for the time being in force.
Applicability of subarticles (2) and (3) to the Court of Magistrates.
(4) The provisions of subarticles (2) and (3) shall likewise apply in the case of accused persons remitted to Mount Carmel Hosp ital on an order of the Court of Magistrates, under t h e provisions of articles 402 and 525.
Powers of court with regard to conditions of pardon.
Added by: IV. 1856.50.
Non-contestation of allegation by Attorney General. Amended by:
L.N. 46 of 1965; LVIII. 1974.68.
Title VIII
Of Mutual Assistance in Criminal Matters
(2) Regulations made under this article may make provision as the Minister may deem appropriate in the circumstances, including the application, with any appropriate modifications, of any of the provisions of this Code or of any other law.
Resumption of trial on cessation of impediment.
Jury to be impanelled according to general rules.
Jury to decide by majority of votes. S.3(3) of Ord. XXXVII of 1934 so far as it provides that the decision of the jury shall be taken by a majority of votes, incorporated.
Added by:
IX. 2003.128.
Regulations.
Added by:
IX. 2003.128.
(a) the questioning of persons being investigated or prosecuted for a criminal offence;
(b) the taking or production of evidence; (c) the service of any document or act; (d) the interception of communications;
(e) the temporary transfer of a prisoner for the purposes of identification or for obtaining testimony or other assistance;
(f) the entry into and search of any premises and the seizure of any item;
(g) the taking of fingerprints or of intimate or non- intimate samples;
Conditions and procedures for the execution of request for assist- ance.
Added by:
IX. 2003.128.
(h) the exhumation of any body;
(i) the provision of records and documents;
(j) the investigation of proceeds of criminal offences;
(k) the monitoring, freezing or seizing of assets of any kind including bank accounts;
(l) the verification of any evidence or other material.
(2) Any regulations made under this article and article 628A sh all contain a reference t o the arrangem e nt wh ich those regulations
are meant to implement.
PART III
OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS
Amended by: XI. 1900.87.
Title I
OF WITNESSES AND EXPERTS
Sub-title I
OF WITNESSES
Competency of witnesses. Amended by: IX.1859.32;
III. 1880.11.
Explanation to witness on obligation of oath.
(2) The court shall explain to the witness the obligation of the oath if, on a ccount of his age or for o t her reasons, it app e ars doubtful whether he understan d s such o b ligation ; and if, notwithstanding such explanation, the court shall deem it necessary that the witness, before giving evidence, be further instructed as to the consequences of false testimony, the court may, if it considers th e dep o sit i o n of such wi tn ess to be imp ort a nt fo r t h e en ds of justice, adjourn the trial to another day, and, should the case be before the Criminal Court, discharge the jury.
No particular age required for competency of witness.
Swearing in of witness. Amended by:
V. 1868.39.
(2) The provisions of this article shall apply in all cases in which an oath is administered.
Form of oath. 632. The form of oath to be administered to witnesses shall be
the following:
You A. B. do swear (or do solemnly affirm) that the evidence whi c h yo u sh all give, shal l b e the t r u t h, the whol e truth , an d nothing but the truth. So help you God.
(2) Nevertheless, it shall lie in the discretion of the court, regard being had to the degree of consanguinity, the reluctance to give evidence against the husband or wife, against an ascendant or a descendant, or against a brother, sister, uncle, or nephew, and to other particular circumstances of the case, not to compel a witness to give evidence if he be unwi lling to d epo se against a person related to him in any of the said degrees.
Interest of witness.
Amended by:
VIII. 1909.59.
Reluctance to give evidence on grounds of consanguinity, etc.
Provided that the failure of the party charged or accused to give evidence shall not be made the subject of adverse comment by the
prosecution.
(2) The provisions of the law relating to witnesses shall apply to the accused who gives evidence on oath.
(3) The provisions of subarticle (1) shall not apply to cases on appeal.
Party accused may give evidence. Added by: VIII.1909.60. Amended by: IX.1911.20.
No adverse comment by prosecutor on failure of accused to give evidence.
Provisions relating to witnesses applicable to accused.
Exception.
(a) in the case of offences committed against the witness, or against his or her ascendants or descendants;
(b) in the case of offences against the provisions of the White Slave Traffic (Suppression) Ordinance, where the spouse of the party
charged or accused is a person
When husband or wife of accused may give evidence. Amended by: II.1886.12;
VIII. 1909.61; XXXVIII. 1973.5.
Cap. 63.
on whom or in respect of whom the offence is committed or is a person on the earnings of whose prostitution the party
charged or accused has lived;
(c) at the request of the party charged or accused for the evidence of his wife or her husband, if such party is himself or herself
admitted to give evidence on oath according to the provisions of the last preceding article.
(2) The provisions of this article shall also apply where the husband or wife of the party charged or accused is a witness for
or against any other person who is tried jointly with such party.
No objection to competency of witness on ground of previous conviction, etc.
(a) that from his own confession or otherwise it appears that he has been guilty of an offence or that he has been in any manner
convicted, sentenced, censured or punished by any court or other authority; or
(b) that he was charged with the same offence in respect of which his deposition is required, when impunity was promised or granted
to him by the Government for the purpose of such deposition; or
(c) that he is interested either in the issue in regard to which his deposition is required or in the event of the suit.
Objections affecting the credibility of witness.
Production of fullest evidence available.
Single witness sufficient.
630, 633 and 636, shall affect only the credibility of the witness, as to which the decision shall lie in the discretion of those
who have to judge of the facts, regard being had to the demeanour, conduct, and
character of the witness, to the probability, consistency, and other features of his stat em ent , t o t h e corrob orat ion whi
c h m a y be forthcoming from other testimony, and to all the circumstances of
the case.
(2) Nevertheless, in all cases, the testimony of one witness if believed by those who have to judge of the fact shall be sufficient to constitute proof thereof, in as full and ample a manner as if the fact had been proved by two or more witnesses.
When a single witness is not sufficient. Amended by: XXIV. 1946.2; IX. 1950.2; XXII. 1988.20; XVI. 2006.21.
(2) Nor may a person be convicted of a crime against the safety
of the Government, other than a crime under article 55, solely upon the evidence of one witness; but in such case it shall be sufficient
if one witness proves one fact and another witness proves another fact, both such facts being material to establish the crime.
(3) Where the only witness against the accused for any offence in a n y tria l by jury is an acco mplice, the Court shall give
a direction to the jury to approach the evidence of the witness with caution before relying on it in order to convict the accused.
Evidence by accomplice.
Provided the court may in its discretion dispense with this rule in particular cases, if it sees sufficient reason for so doing.
Examination of deaf and dumb, deaf or dumb witness.
Person present in court not to be produced as witness.
Discretionary power of court.
(2) The same rule shall apply in regard to those persons who are by law bound to secrecy respecting circumstances on which evidence is required.
Professional secret.
Provided that, in the case of a prosecution under article
338(h), on a charge of providing the place for the playing of games of chance for money or money’s worth, or of abetting such games,
any pe rson who had taken part in or had been a partner of any
player at any such game, whose evidence is required in support of such c h a rge a s aforesaid, shal l be c o mpe l l a b l e to
an sw er an y question respecting that charge, notwithstanding that the answer
thereto will expose him to criminal prosecution; but in any such event, any person who shall have given evidence in respect of such
charge, and who shall have m ade a true and faithful statement
touching such charge, to the best of his knowledge, shall thereupon obtain from the court a certificate to that effect, and he shall,
in consequence, be exempted from all punishments in respect of his
participation in the games forming the subject-matter of the charge upon which he gave evidence as witness.
Incriminating questions. Amended by: XII.1913.25.
Exception.
Degrading questions.
Applicability of certain provisions of Code of Organization and Civil Procedure. Amended by:
IV. 1856.51; III. 2002.150. Cap. 12.
Examination of witnesses to take place in court and viva voce. Amended by:
IV. 1856.52; V. 1868.40;
VI. 1871.38; XI. 1900.88; XII. 1913.26;
L.N. 46 of 1965; LVIII. 1974.68; XXXII. 1997.3;
XVI. 2006.22.
584, 585, 586, 590, 592, 598, 599, article 602(1) and article 605 of the Code of Organiz ation a nd Civil Procedure shall also apply to
the courts of criminal justice and the said articles 570, 574, 583,
590, and 592 shall moreover apply to any proceedings under Title
II of Part II of Book Second of this Code.
Exceptions. (2) The deposition of witnesses, whether against or in favour of the person charged or accused, if taken on oath in the course of the inquiry according to law, shall be admissible as evidence:
Provided that the witness is also produced in Court to be examined viva voce as provided in subarticle (1) unless the witness is dead, absent from Malta or cannot be found and saving the provisions of subarticle
(8):
Provided further that where the witness is a minor under six t een years o f age and an audio and video-recording of th e testimony
of the minor is produced in evidence the minor shall not be produced to be examined viva voce unless the Court otherwise directs for a reason which arises after the date of the said testimony of the minor and considered by the
Court to be in the interest of the administration of justice and the discovery of the truth.
(3) Any declaration shall be admissible as evidence whenever the same is made by any person who is about to die and who is conscious
of the nearness of death, except where the declarant dies under a sentence of the law.
(4) Any procès-verbal may be produced as evidence in terms of article 550.
(5) The deposition of any parish priest or of any other clergyman acting in his stead, or of any other witness examined
in the course of the inquiry, as to the authenticity of parochial acts or registers made or kept by such parish pr iest or clergyman,
and relating to births, marriages, or deaths, or as to the authenticity of copies of such acts or registers, or of extracts therefrom,
or as to the fact that the accused is the person mentioned in such acts, registers, copies or extracts, may also be produced as evidence.
(6) The deposition of any notary in Malta or of any other witness examined in the course of the inquiry, as to the authenticity
of the acts or registers made or kept by such notary, or as to the authe n ticity of co pies of s u ch a c ts or regis t ers or e
x tracts therefrom, or as to the fact that the accused is the person mentioned
in such acts, registers, copies or extracts, is also admissible as evidence.
(7) Notwithstanding the provisions of this Code or of any other law, a certificate purporting to be issued by a registered medical
practitioner or re gistered de ntal sur g eon concerning his examination of any person, whether alive or dead, or concerning any
bodily harm suffered by, or any physical or mental infirmity afflicting, any person, shall be admissible as evidence and shall, until
the contrary is proved, be evidence of its contents, provided the certificate bears the clearly l e gi bl e stam p of t h e m e di
cal practit ioner or registered dental su rgeon issu ing it show ing h is na me, professiona l qua l ifications, expe rtise a n d
addres s a n d provided that such certificate is confirmed by the affidavit of the medi cal p racti tio ner or th e dent al surgeon,
as the case may be: provided further that it shall be lawful for either of the parties to produce the said medical practitioner or
the said dental surgeon, as the case may be, for the purpose of examining him in court and viva voce, as well as for the court ex officio to require such examination.
(8) The deposition of any registered medical practitioner or registered dental surgeon annexed to a proces-verbal, or of any such medical practitioner or dental surgeon examined in the course of the inquiry, in relation to his examination of any
person, whether alive or dead, or in relation to any bodily harm suffered by, or any ph ysi cal or m e nt al i n fi rm i t y a f
fl ic ti ng , a n y p e rson , shal l b e admissible as evidence without the need of producing the said medical practitioner or dental
surgeon in court as provided in the proviso to subarticle (2): provided that, unless the witness is dead, absent from Malta or cannot
be found, it shall be lawful for either of the parties to demand, or for the court ex officio to require, that such witness be again examined in court and viva voce.
(9) The validity of the said acts and their admissibility may not be impugned on the ground that it does not appear from the acts
themselves that they have been made or received on oath or with any other formality prescribed by law, if the taking of any such
oath or the observance of any such formality be proved in some other manner.
(10) It shall be lawful for the Attorney General, as well as for the accused, to demand that a ruling be given by the court, before
the hearing of the case commences, as to whether the deposition of any witness is to be admitted, in ter m s of the provisions of
subarticle (2).
(11) Where it is alleged that a witness is dead, absent or cannot be found, it shall be lawful for the court to consider the allegation
proved by the sworn report of the marshal or other executive officer to the effect that he has ascertained that such witness is dead
or absent, or that he has made the necessary inquiries and has been unable to find him.
Examination of infirm or aged witness in his place of abode.
Added by: XI.1900.89.
Amended by: VI. 1939.4;
L.N. 4 of 1963;
XIII. 1964.26;
L.N. 46 of 1965;
XXXI.1966.2;
XXV.1967.26;
LVIII. 1974.68;
XXVII.1975.40;
III.1976.8;
VIII. 1990.3;
III. 2002.151;
XXXI. 2002.205.
Cap. 12.
Right of accused to be present.
Reading out of evidence in court.
Provided that the court may delegate the taking of the evidence of any such witn ess to one of the magistrates f o r the
Island in which the witness resides, or to a judicial assistant.
(2) When the evidence required is that of a person who does not reside in the Island in which the proceedings are taking place
and it is represented to the court that such person is about to leave Malta, the court may delegate the taking of the evidence to
one of the persons to whom the taking of evidence may be delegated under subarticle (1); and in the case of a witness who is to be
examined in Gozo or C o mi no, t h e co urt ma y als o , if the c i rcumsta n ce s s o warrant and the Attorney General does not
object, authorise the registrar to take such evidence and administer the necessary oath.
(3) The party charged or accused is entitled to be present at the examination.
(4) The evidence taken in accordance with the provisions of this article shall be read out in court, and a note to that effect
shall be entered in the record.
Audio-recording or video-recording of evidence.
Added by:
XXXI. 2002.206.
Sending of documents or any act to person in a foreign country. Added by:
XXXI. 2007.24.
647, the court may, if it deems it proper so to act, allow for the
au dio-recordin g o r for the video - reco rdi ng of any ev idence required from a witness as aforesaid, in accordance with such codes
of p r ac ti ce a s the M i ni st er res p o n s i bl e for j u s tic e may, by
regulations, prescribe.
Provided that procedural documents shall be accompanied by a report indicating to the said person the remedies available and that information about his rights and obligations concerning the documen t may be ob tained from the i s su ing auth ori t y or from another competent authority in Malta.
Identification of person or object.
(2) The provisions of subarticle (1) shall only apply where the r e q u est by t h e for e i g n j u d i cial, pr osecut i n g
or ad mi nist rati ve authority or by the international court is made pursuant to, and in accordance with, any treaty , conven
tion, agreement or understanding between Malta and the country, or between Malta and the court, from which the request emanates
or which applies to both such countries or to which both such countries are a party or which applies to Malta and the said court
or to which both Malta and the said court are a party. A declaration made by or under the authority of the Attorney General confirming
that the request is made pursuant to, and in accordance with, such treaty, convention, agreement or understanding wh ich ma kes
provision for mutual assistance in criminal matters shall be conclusive evidence of the matters contained in that certificate. In
the absence of such treaty, conv ent i o n , ag reem en t or un derstan d in g th e prov isi ons of subarticle (3) shall be applicable.
(3) Where the Minister responsible for justice communicates to a magistrate a request made by the judicial authority of any place
outside Malta for the examination of any witness present in Malta, to uching an offence cogniz able by the courts of that place
, the magistrate shall exam ine on oath the said witness on the interrogatories forwarded by the sai d aut hority or o t herwise,
notw ithstan ding that the accu sed be no t presen t, and sh al l t ak e down such testimony in writing.
(4) The magistrate shall transmit the deposition so taken, or the result of the investigation conducted, or the documents or things
found or seized in execution of any order for search or/and seizure, to the Attorney General.
(5) For the purposes of subarticles (1) and (3) the magistrate shall, as nearly as may be, conduct the proceedings as if they were
an inquiry relating to t h e in genere but shall com p ly with the formalities and pr ocedures indicated by the requesting foreign authority unless they are contrary to
the fundamental principles of Maltese law and shall have the same powers, or as nearly as may be, as are by law vested in the Court
of Magistrates as court of criminal inquiry, as well as the powers, or as nearly as may be, as are b y law co nferred upo n him in
conn ect i on w ith an inq u ir y re la ti n g to th e "in genere": pr ovided that a magistrate may not
Examination of witnesses in connection with offences cognizable by courts of justice outside Malta. Articles 1 and 2 of Ord. IV of 1872 incorporated. Amended by:
L.N. 4 of 1963; VIII. 1990.3.
Substituted by: III. 2002.152.
Amended by: XIII. 2002.9; IX. 2003.127;
XXXI. 2007.25; XI. 2009.11; VII. 2010.36.
arrest any person, for the purpose of giving effect to an order made or given under article 554(2), or upon reasonable suspicion that
such person has committed an offence, unless the facts amounting to the offence which such person is accused or suspected to have
committed amount also to an offence which may be prosecuted in Malta.
(5A) If the request cannot, or cannot fully, be executed in accordance with the formalities, procedures or deadlines indicated
by the requesting foreign authority, the requesting authority shall be in form ed indicating t h e estim ated time wi thin whi ch
or the conditions under which execution of the request may be possible.
(6) Where the request of the foreign authority is for the hearing of a wi tn ess or ex pert by v i deo c o n ference, t h e p r
ov isi ons of subarticles (7) to (12), both inclusive, shall apply.
(7) The magistrate shall summon the person to be heard to appear at the time and place equipp ed with videoconference
faci liti es app o inted for the p u rpo s e b y th e magistrate. The magistrate shall give effect to any measures for the protection
of the person to be heard which the Attorney General may declare to have been agreed upon with the requesting foreign authority.
(8) The magistrate shall conduct the hearing and where necessary the magistrate shall appoint an interpreter to assist
during the hearing. The magistrate present shall ensure that the person to be h e a r d is ident i fied and t h at t h e proceedings
take place and continue at all times in conformity with the fundamental principles of the law of Malta.
(9) The person to be heard may claim the right not to testify which would accrue to him or her under the law of Malta or under
the law of the country of the requesting foreign authority.
(10) Subject to any measures for the protection of the person to be heard referred to in subarticle (7), the magistrate shall on
the conclusion of the hearing draw up minutes indicating the date and place of the hearing, the identity of the person heard, the
identities and functions of all other persons participating in the hearing, any oaths taken and the technical conditions under which
the hearing took place. The document co ntaining the reco rd of the minutes shall be transmitted to the Attorney General to be forwarded
to the requesting foreign authority.
(11) The following shall mutatis mutandis apply to the person to be heard under the provisions of subarticle (6):
(a) the provisions of article 522, where the person to be heard refuses to testify when required to do so by the magistrate;
(b) the provisions of articles 104, 105, 107, 108 and 109, as the case may be, where the person to be heard does not testify to the
truth, for this purpose the proceedings before the foreign authority shall be deemed to be proceedings taking place in Malta
and the person to be heard shall be deemed to be a person testifying in those proceedings. For the purpose of determining
the
applicable punishment as may be necessary in proceedings for perjury under this subarticle the criminal fact
being inquired into or adjudicated by the requesting foreign authority shall be deemed to be liable to the punishment to which
it would have been liable had the same fact taken place in Malta or within the jurisdiction of the same Maltese criminal courts.
(12) The provisions of subarticles (6) to (11), both inclusive, shall apply where the person to be heard is a person accused in
the co untry of the req u estin g foreig n authori t y pro v ided that t h e hearing shall only take place with the consent of the
person to be heard and that all the rules of evidence and procedure which would apply to the testimony of a person accused in criminal
proceedings in Malta would also apply to the testimony of the person accused to be heard under this article.
(13) The provisions of this article shall also apply mutatis mutandis where the request of the foreign authority is for the hearing of a witness or expert by telephone conference: provided that the witness
or expert consents to the hearing.
(14) Where the Attorney General has made a declaration as provided in subart icl e (2), foreign o fficials designated by
the foreign authority or international court which made the request shall be entitled to be present for the examination of witnesses
or when investigative measures are being taken.
Sub-title II
OF EXPERTS
Added by: XI. 1900.90.
(2) The experts shall be chosen by the court:
Provided that the Minister responsible for Justice may, after consultation with the Chief Justice, appoint one or more persons as
official experts for the purpose of reporting on matters required by other provisions of this Code requiring special technical skill
or knowledge, and when such persons are appointed, the court shall choose such experts from among those persons who may be on a roster
system.
(3) For the purposes of article 533, the fees of the official experts for services rendered in any particular case shall
be taxed by the registrar in the same manner provided for the taxation of the
Reference to experts. Added by: XI.1900.90. Amended by:
XXX.1934.22; L.N. 4 of 1963;
XXXI.1966.2; III.1971.19;
VIII. 1990.3; XXXII. 1997.3; XIII. 2005.5.
Choice of experts. Appointment of
official experts.
Taxation of fees of official experts.
fees due to other experts.
Number of experts. (4) As a rule the experts shall be appointed in an uneven number.
Directions to experts.
(5) The court shall, whenever it is expedient, give to the e xperts the ne cessa ry dire ctions , and allow th em a time
within which to make their report.
The Court of Magistrates, whether sitting as a court of criminal ju dicature or as a cou rt of inqu iry, m ay moreo ver empo wer
the expert or the experts, if more than one expert have been appointed, to rec e ive documents and to examine witne sses on oa
th in the presence of the accused and, in any such case, the court shall not require further evidence in respect of the documents
so produced or further examine the witnesses so examined, unless the court deems it necessary or unless the accused makes a request
to that effect. Where more than one expert have been appointed, the court shall designate the expert who is empowered to administer
the oath.
(6) The Court’s decision to appoint experts shall be reduced to writing and shall be served on the experts so appointed.
Challenge of experts. Added by:
XI. 1900.90.
Cap. 12.
(2) The challenge shall be made in the manner and within the terms laid down in the Code of Organization and Civil Procdure for the challenge of experts in civil causes.
Summoning and oath of experts. Added by:
XI. 1900.90.
Report. Added by: XI. l900.90.
Amended by: III. 1971.20;
VIII. 1990.3.
Contents. (2) The report shall in every case state the facts and the circumstances on which the conclusions of the experts are based.
Examination in court of witnesses heard by experts.
Report, if verbal, to be reduced into writing.
(3) If in the course of their work, the experts shall obtain from any person information on circumstances of fact, such person
shall be mentioned in the report, and shall be examined in court in the same manner as any other witness:
Provided that the above provision of this subarticle shall not app l y in reg a rd to any person whom the ex pert s will hav e examined
on oath under article 650(5), saving, however, the re- examination of any such person by the court as provided for in the said subarticle.
(4) In matters within the jurisdiction of the Court of Magistrates, any such perso n may be examined on oath by
the court, even in the course of the work of the experts.
(5) If the report is made orally, it shall be reduced into writing by the registrar or by the person acting in his stead.
Official expert may advise the court during the sitting. Added by:
XXX. 1934.23. Substituted by:
III.1971.21. Amended by: VIII. 1990.3.
Further elucidations by experts.
Added by: XI.1900.90.
Amended by: XXVII.1975.40.
Those who are to judge not bound by conclusions of experts.
Added by: XI.1900.90.
Applicability of certain provisions to experts.
Added by: XI. 1900.90.
Title II
OF CONFESSIONS
(2) Nothing in this article shall operate as a bar to the admissibility in evidence of any other confession verbally made before or after.
Confession by accused.
Production of written confession.
Right of accused to have entire writing or oral statement read or given in evidence.
Confession not to prejudice third parties.
Title III
OF DECISIONS AND THEIR EXECUTION
Definition of "decision". Amended by: IX. 1857.18; XXX. 1934.24; XXV. 1967.27; III. 2002.153.
662. (1) The general expression "decision" includes every ve rdic t of t h e ju ry o n t h e fa ct s, ev ery ju dgme n t of a cou r t acquitting, convicting or sentencing the person charged or accused, every procès-verbal drawn up in connection with any inquest or other inquiry held under the provisions of this Code (other than an inquest for the purpose of an inquiry relating to the "in genere"), and, in general, every decree or other definitive order of a court.
Reasons. (2) Any decision of the Court of Criminal Appeal and of the Criminal Court by which any question of law is determined shall be preceded by the reasons which led the court to the decision:
Provided that as regards the Court of Criminal Appeal, the court may, if the appellant is in custody and it is of opinion that the appeal should be allowed and the appellant discharged, pronounce forthwith its decision discharging the appellant and reserve to give its reaso n s at a later date even in the ab sence of t h e p e rson concerned.
Delivery of decision in open court.
Amended by: IX. 1857.19;
XII. 1913.27; XXX. 1934.25;
VIII. 1990.3; III. 2002.154.
Applicability of articles 474 and
478 to verdict of jury on facts.
Recording of decisions of Criminal Court.
Registration of reasons.
Decisions of the Court of Magistrates. Summary in special register. Probatory force of same. Contents of summary.
Delivery of decision with closed doors.
663. (1) Every decision of the court shall be delivered by the judge or magistrate in open court: provided that a decision granting or
refusing bail may be given in camera.
(2) With regard to any verdict of the jury on the facts, the provisions of articles 474 and 478 shall apply.
(3) Every decision of the Criminal Court shall be recorded by the registrar, and such record shall constitute the authentic proof
of such decision.
(4) The reasons referred to in subarticle (2) of the last preceding article shall be recorded together with the decision.
(5) The decisions of the Court of Magistrates, if reduced to writing by the sitting magistrate, shall be kept in their original,
and the provisions of article 518 shall be applicable thereto. In every case, a summary of the decision shall be recorded in a special
register, and such summary shall constitute authentic proof of such deci sion in the same manner as a cer tifi e d copy th ereof
. Such summary s h all indicate the cour t by which th e decisio n w a s delivered, the names of the parties, the date of the decision,
and the particulars referred to in article 382, or, in the case of any decree, the substance of the order contained therein.
*664. Decisions may be delivered with closed doors only in the cases referred to in articles 409 and 531:
*See also s.24 of the Official Secrets Act (Cap.50).
Provided that the order referred to in article 531, the decisions referred to in article 620, the verdict on the facts, the judgment acquitting, convicting or sentencing the person charged o r acc us ed, and the d eci sion as to whe t her the r e a r e or n o t s u f f icient grounds to commit the accused for trial, shall be delivered in open court.
Exceptions.
(2) For the purposes of this article, a decision of the Court of Magi strates or of th e Crimi nal Cour t sh all be deemed t o be a decision of the Court of Criminal Appeal, if an appeal is entered against such decision and such appeal is subsequently waived or declared null and void or taken to be abandoned under article 422.
Execution of decisions. Amended by: XII.1914.15; XXX.1934.26; IV.195I.2; XXV.1967.28; XXI.1971.34; XXIX. 1990.32.
Decisions of Criminal Court to be enforced by marshal.
Amended by: I.1939.3;
L.N. 4 of 1963;
XXXI.1966.2;
XXV. 1967.29;
VIII. 1990.3.
Title IV
OF PROPERTY BELONGING TO THE PERSON CHARGED OR
ACCUSED OR TO OTHER PERSONS AND CONNECTED
WITH CRIMINAL PROCEEDINGS
(2) The Minister responsible for justice may make regulations pr ov id in g fo r th e reg ist ra ti on an d preservat io n of a ny pro perty connected with criminal proceedings and for the manner in which a record is to be kept of the movements of any such property.
Property to be held by registrar. Amended by:
XXV. 1967.30. Substituted by:
III. 2002.155.
Record of property.
Substituted by:
III. 2002.155.
(2) For the purposes of this article, the registrar may, with the approval of the Mini ster respon sible fo r j u stice, ap poin t o t her persons to hold property or classes of property on his behalf under
Preservation of property. Substituted by: III. 2002.155.
such terms and conditions as the Minister may think fit provided that the names of such persons shall be published in the Gazette.
Procès verbal to be drawn up when property is released. Substituted by:
III. 2002.155.
670. (1) Any property which is to be released by the registrar to any person or which is to be destroyed or otherwise disposed of in
accordance with the provisions of this Title shall only be released, destroyed or otherwise disposed of following the drawing up
of a procès verbal containing an accurate description of the property relea s ed, the quantity and quality thereof a n d a n y photographs, vid e o
recordin gs an d computer images of such property as the magistrate or the registrar may deem fit should be taken.
(2) The proces-verbal shall be signed by the registrar and if the p r operty i s to b e released, destro yed o r di sp osed of
during in genere proceedings or during the inquiry it shall also be signed by the magistrate. In every case where the property is to be released in
favour of any person in the course of criminal proceedings which have not been finally determined that property shall only be so
released after the person to whom the property is to be released gives an undertaking in writing to produce again such property
on the order of a court.
(3) Notwithstanding any other provision of this Code or of any other la w, a ny process-verbal dra wn up in accordance with the
prov ision s of th is article in clu d in g any phot ograph s , v i deo recordings and computer images shall be admissible in evidence
in any criminal proceedings as if it were the property itself described in the procès verbal.
(4) The provisions of this Title shall also mutatis mutandis apply to any property exhibited in the course of any proceedings under the provisions of Title II of Part II of Book Second of this
Code even during such period that the relative proces-verbal is with the Attorney General.
(5) The provisions of this article shall mutatis mutandis apply to property disposed of in accordance with the provisions of articles 671, 672 and 673.
Prohibited property. Substituted by: III. 2002.155.
(2) Where the property certified by the Comptroller of Customs as provided in subarticle (1) is property which has been exhibited
as evidence in the course of criminal proceedings which have not been finally determined, the application by the registrar shall
be served on the party charged or accused and on the Attorney General or the Commissioner of Police as the case ma y be for their
submissions and the court shall not allow the application unless it is satisfied that the property itself is not or is no longer
necessary as evidence in the proceedings.
(3) Where the court has ordered the disposal of the property in accordance with the provisions of this article the registrar shall
dispose of such property by destroying it provided that the Minister responsible for justice may order that the property is to be
disposed of in any other m a nner whatsoever for special reasons t o be expressly stated in the order.
672. Notwithstanding any other provision of this Code or of any other law, where the property has been exhibited in court in the cou r se of proceedin g s for an of fence agai nst th e Customs Ordinance or against the External Transations Act and the property has been forfeited in favour of the Government by virtue of the operation of any provision of this Code or of any other law such property shall be released in favour of the Comptroller of Customs. In any other case the property exhibited as aforesaid shall not be released, except in execution of a final judgment of the competent civil court, if the Comptroller of Customs objects to such release.
(a) where, owing to the nature, quantity or dimensions of such property, considerable space is necessary to keep it;
(b) where such property is subject to deterioration or depreciation or the cost of its upkeep is out of proportion
to its value;
(c) where it is not practicable or convenient for any other reason to keep such property in custody;
(d) where, owing to the absence of the party accused, the trial is not concluded within two years from the day on which such property
was first brought before the court;
(e) in any other case where the court deems it so proper.
(2) The application for an order as is referred to in subarticle (1) and in the same circumstances mentioned in that subarticle
may also be made by the registrar in which case the application shall be served on the Attorn ey General for his reply with in such
time, being not less than two working days, as may be determined by the court and the application shall not be allowed where the
Attorney General objects to the application.
(3) The provisions of subarticles (1) and (2) shall apply notwithstanding that the property is attached by a garnishee
order.
(4) Where the court allows an application made under this article the orde r of the court shall be served on all the person
s identified by the registrar to have an interest in the property, if their whereabouts are known, sohowever that the order of the
court shall
Property exhibited in certain proceedings. Substituted by:
III. 2002.155.
Cap. 37.
Cap. 233.
Disposal of property connected with criminal proceedings. Substituted by:
III. 2002.155.
not be subject to revocation or modification except on the demand of the Attorney General.
(5) If the property is sold the proceeds shall be deposited in court and shall be disposed of on the conclusion of the proceedings
in the same manner as if they were the property of which they are the proceeds.
(6) If the property is not sold the property may be disposed of as the regi strar may deem fit subj ect to the p a y m en t o f
such indemnity as may be due to the owner of the property disposed of.
Release of property in the course of proceedings. Substituted by:
III. 2002.155. Amended by:
XVI. 2006.23.
(2) The order referred to in subarticle (1) may be given either on t h e Cou r t’s own motio n or follo wing an ap plicat ion
b y th e person claiming the property. Where the Court acts upon its own motion it shall announce its intention to make such an
order by means of a decree. Any such decree or any application made by the person claiming the property in terms of this subarticle
shall be served on the Attorney General or on the Commissioner of Police as the case may be, and on the person charged, or accused,
each of whom shall be allowed five working days for a reply.
(3) Subject to the provisions of subarticle (4), if the property belongs to the pa rty c h ar ged or accused and is in no manner
connected with the offence or in any way required for the purpose of any crimina l proceedings the court shall, a f ter hearing the
Attorney General or the Commissioner of Police, as the case may be, restore the property to the person charged or accused to whom
the property belongs or deliver it to the person appointed by him in that behalf or to his lawful representative.
(4) Notwithstanding the provisions of subarticle (3), the court may abstain from ordering the restoration of the property to the
person charged or accused -
(a) when the value of the thing is considerable and the person charged or accused is poor or of dubious means; or
(b) when the person charged or accused is tried for forgery with intent to misappropriate the property of another person, or for
theft, or for any other offence against property:
Provided that the provisions of this subarticle shall not apply where the accused shall give sufficient security.
(2) Where the Court of Magistrates as court of criminal inquiry discharges the person charged as provided in article 401(2) and
the Court decides how the property exhibited before it is to be disposed of such decision shall not be given effect to before the
lapse of the period of one month referred to in article 433(3) and if the Attorney General, within that period, issues a warrant
for the arrest of the person discharged the said decision shall remain without effect.
(3) Where the Court of Magistrates as court of criminal inquiry discharges the person charged but does not decide how the property
exhibited in the proceedings is to be disposed of, and the Attorney General does not issue a warrant for the a r rest of the person
discharged, such property shall be preserved by the registrar and if within one year from the date of discharge no fresh proceedings
are instituted as provided in article 434 and the property has not been released in accordance with the provisions of this title
the registrar may apply to the court for an order authorising the return of the property to the person to whom it belongs, if known,
or declaring the property forfeited in favour of the Government of Malta where the person to whom the property belongs is not known.
(4) Where in any final judgment of any court of criminal jurisdiction no provision is made for the disposal of any property
exhibited in the proceedings and no claim is made for the release of such property within one month from the date of such judgment
such property, unless forfeited by virtue of the provisions of article
18 or any other provision of this Code or of any other law, shall be forfeited and the court shall, on the application of the registrar
and subject to the provisions of subarticle (5), order the release of such property in favour of the Government of Malta.
(5) Any person who immediately before the forfeiture had a legal title to the property forfeited as aforesaid, or the lawful heirs
thereof, shall be entitled to compensation for the property forfeited provided that where the property has been sold such compensation
shall not exceed the amount realised by the Government from the sale of the p r opert y and provided also that compensati on is d
e mand ed by an ap pl icat io n to the co mp et ent co ur t wi th in six months from the date of the order mentioned in subarticle
(2).
Disposal of property on conclusion of proceedings. Substituted by: III. 2002.155.
Forfeited property.
Substituted by:
III. 2002.155.
When property is to be returned by order of the court in its final judgment. Substituted by: III. 2002.155.
(2) Where the person to whom the property is to be returned, or his lawful heirs, either spontaneously or after being notified
with the court’s order, fails to claim the property within the period laid down in subarticle (1) or where the registrar within
the same period fails to trace that person, or hi s lawful heirs, and no cl aim as aforesaid is spontaneously made for the property,
that property shall be forfeited in favour of the Government.
(3) In the event that the property is owned by co-owners the registrar shall be deemed to have complied with his obligations according
to law if he delivers th e prope r ty to any one of the owners.
(4) The registrar shall by application refer to the court which delivered judgment any dispute regarding the title to the property.
The application shall be served on all the parties who shall be allowed a period of five working days within which to reply and
af ter the lapse of th e said pe ri od t h e co urt shall appo int the application for hearing and after hearing the parties shall
decide on the disposal of the property. No appeal shall lie from the decision of the court.
(5) If the person to whom the property is to be returned, or his lawful heirs, claim the property within the period mentioned
in subart icle (1) such property shall, in the absence of a l a w f ul obstacle, be returned by the registrar free of charge.
(6) If the property has been forfeited in terms of this article and was subsequently sold by auction following the publication
of advertisements, the person to whom the property was to be returned in accordance with the order of the court, or his lawful heirs,
may claim the amount realised from the sale after subtracting any costs and fees incurred by the registrar provided that such claim
is made within two years of the property having been disposed of.
When owner is unknown.
When property is to be returned by
order of the court in its final judgment.
Substituted by: III. 2002.155.
(2) Where the person having a legal title to the property fails to claim the property within the period specified in subarticle
(1), or where the claims made in that period have been rejected by the court, the property shall be forfeited in favour of the Government.
(3) Any claim under subarticle (1) shall be made by application to the court before which the property was exhibited and shall
be served on the registrar and on the Commissioner of Police or on the Attorney General, as the case may be, who shall have ten working
days within which to file a reply. On the lapse of the time for the filing of a reply the court shall give its decision on the application
and no appeal shall lie from that decision.
(4) If the court allows the application the property shall be delivered to the claimant free of charge.
(a) property which is of no or of little value may be disposed of at the discretion of the registrar provided that proper
record of such disposal is kept;
(b) firearms, ammunition, explosives or other dangerous substances shall be consigned to the proper authorities designated by the
Minister responsible for justice for disposal by them;
(c) other property which is of value shall be sold by auction by the registrar following the publication of at least three
advertisements in a daily newspaper and any moneys deriving therefrom shall accrue to the Government.
Rules to be observed in the disposal of forfeited property. When property is to be returned by order of the court in its final judgment. Amended by:
XXV. 1967.31. Substituted by: III. 2002.155.
Restoration of property to accused on termination of trial.
Amended by: XXV. 1967.32.
Restoration of property to owner when accused is absent or offender unknown. Amended by:
IV. 1856.53.
Procedure on restoration of property to owner. Amended by: XXIX.1990.33.
Sale by auction of property connected with criminal proceedings.
Added by: XXI. 1971.35. Amended by: LVIII. 1974.68.
Sale by auction of property unclaimed by owner.
Added by: XXIX. 1990.34.
Sale, publication and restoration to be effected upon order of court.
When proceeds of sale are adjudged in favour of Government. Amended by: XXVII.1975.39.
Applicability of provisions of Code of Organization
and Civil Procedure relating to the respect due
to the court.
Amended by:
XI.1900.91.
Cap. 12.
Sentences not barred by prescription. Amended by: XI. 1900.92; III. 2002.156.
Title V
OF THE RESPECT DUE TO THE COURT
Title VI
OF PRESCRIPTION
(2) The period of prescription in respect of all criminal offences shall be suspended from the moment a charge and, or bill of indictment is served on the person charged or accused until such time as a final and defini tive judg m e nt is delivered in t h e proceedings which commenced as a result of such charge or bill of indictment.
Prescription barring criminal actions. Amended by: XI.1900.92; VIII.1909.62; XXI.1971.36; XLIX. 1981.4.
(a) by the lapse of twenty years in respect of crimes liable to the punishment of imprisonment for a term of not less than twenty
years;
(b) by the lapse of fifteen years in respect of crimes liable to imprisonment for a term of less than twenty but not less than nine
years;
(c) by the lapse of ten years in respect of crimes liable to imprisonment for a term of less than nine but not less than four years;
(d) by the lapse of five years in respect of crimes liable to imprisonment for a term of less than four years but not less than one
year;
(e) by the lapse of two years in respect of crimes liable to imprisonment for a term of less than one year, or to a fine (multa) or to the punishments established for contraventions;
(f) by the lapse of three months in respect of contraventions, or of verbal insults liable to the
punishments established for contraventions.
(2) Where the criminal action cannot be instituted or proceeded with except on a special authorization, or after the determination of any issue upon separate proceedings, the period of prescription shall be suspended, and shall continue from the day on which the authorization is granted or the issue is determined.
Extenuating circumstances and previous conviction not to be taken into account in reckoning period for prescription. Amended by:
XI. 1900.92.
Reckoning of time according to calendar.
Amended by: XI. 1900.92.
Commencement of prescription. Amended by:
XI. 1900.92.
Suspension of prescription.
(2) The period of prescription is also interrupted by the warrant of arrest or, where there are no g r o und s for th e arrest
, by th e summons, although the warrant of arrest or the summons shall have had no effect on account of the fact that the party
charged or accused had absconded or left Malta.
(3) Where the period of prescription has been interrupted, it shall recommence to run from the day of the interruption.
(4) The interruption of prescription shall operate in regard to all persons who took part in the offence, even though the act
of interruption takes place against one person only.
Prescription not to run when offender is unknown. Amended by:
XI. 1900.92.
Interruption of prescription. Amended by: XI. 1900.92.
694. Prescription shall be applied ex officio, and it shall not be lawful for the party charged or accused to waive prescription.
Application of prescription ex officio. Amended by: XI. 1900.92.
Added by: XXX.1934.27.
Power of Minister responsible for justice to fix fees. Added by:
XXX. 1934.27. Amended by:
L.N. 4 of 1963; XXXI. 1966.2.
Title VII OF FEES
to amend or add to the scales of fees in the Schedules annexed to this Code and to fix other fees in substitution for those in the
said
Schedules.
(2) Any such amendment, addition or substitution shall come into force on the day of its publication in the Gazette.
Added by: VIII.1974.2. Amended by: XXXI. 2002.207.
Interpretation. Added by: VIII. 1974.2.
Regulations.
Added by:
XXXI. 2002.208.
Compensation of victims of crime. Added by:
XVI. 2006.24.
Title VIII
GENERAL PROVISIONS
Saturdays.
(2) Without prejudice to the generality of subarticle (1), any scheme established under this article:
(a) may be of general application extending to all crimes or may be limited to such crimes as may be specified in the regulations;
(b) may provide that compensation by Government to the victim shall only be payable when the victim has exhausted all remedies
available to him against the offender for the payment of damages suffered by the victim;
(c) may provide for a ceiling on the amount payable to any individual victim or group of victims by way of compensation under
the scheme.
(3) The Government shall be subrogated in the rights of the victim against the offender for the payment of any sums received by
the victim from the Government in accordance with any scheme established by regulations under this article.
SCHEDULE A
[Articles 380 (6), 429 (4) & 695]
FEES PAYABLE TO THE EXECUTIVE POLICE IN CASES
INSTITUTED ON THE COMPLAINT OF PRIVATE PARTIES
Added by: XI.1900.93. Amended by:
Gov. Not. No. 124 of 1941;
XIII. 1983.4.
Substituted by:
L.N. 407 of 2007.
1. | For every service of a summons on the defendant .............. | € 0.12 |
2. | For every intimation to the complainant ............................ | 0.12 |
3. | For every service of a subpoena on witnesses .................... | 0.12 |
4. | For every service of a taxed bill of costs ............................ | 0.20 |
5. | For every notice of a cause again set down for hearing | 0.12 |
The following transport fees are added to the above: | ||
If the person on whom the act is to be served resides in the same place of the Head Quarters of the Police Division from which the act is issued ....................................... | 0.09 | |
If in any other place, but within the limits of such Division | 0.17 | |
If outside the limits of such Division or at sea in any place within the territorial jurisdiction of Malta .......................... | 0.35 |
Added by: XI. 1900.93. Amended by: Gov. Not. No.
248 of 1941; XIII. 1983.4.
Substituted by: L.N. 407 of 2007.
SCHEDULE B
[Articles 380 (6), 429 (4) & 695]
FEES PAYABLE IN THE REGISTRY IN CASES INSTITUTED ON THE COMPLAINT OF PRIVATE PARTIES
€ | ||
1. | For every decree or judgment ............................................. | 0.58 |
2. | For the filing of any application or note ............................. | 0.23 |
3. | For copies, for every one hundred words or part thereof .... | 0.08 |
4. | For the issue of any taxed bill of costs ................................ | 0.06 |
* The following fees are also in practice levied in the
Criminal Court:
1. | For every decree ................................................................. | 0.49 |
2. | For copies of acts, for every page of one hundred words ... | 0.07 |
3. | For taxing costs, for each page of the account of costs ...... | 0.04 |
4. | For every application or note .............................................. | 0.12 |
5. | For every certificate under article 174 of the Malta Armed Forces Act ............................................................. | 0.35 |
*NOTE:- It would appear that the fees in Nos. 1 and 2 are levied in accordance with Table XII referred to in Proclamation XXI of the
11th October, 1825; the fee in No. 3 in accordance with the thirteenth item in Table XIII referred to in the said Proclamation;
the fee in No. 4 in accordance with a comparable item (Item No. 2)
in Schedule B.
SCHEDULE C
[Articles 411 & 695]
FEES PAYABLE TO LEGAL PRACTITIONERS BEFORE THE COURT OF MAGISTRATES - CRIMINAL JURISDICTION
Added by: XVI.1921.10. Amended by: XIII. 1983.4; VIII.1990.3. Substituted by: L.N. 407 of 2007.
1. | For the drawing up of any complaint to the Police for the institution of criminal proceedings against an individual ... | 0.47 |
2. | For the filing of any application ......................................... | 0.47 |
3. | Professional aid: | |
In any cause within the jurisdiction of the Court of Magis- trates - Criminal Jurisdiction, for each sitting from | 0.58 | |
to | 1.75 | |
In any criminal inquiry, for each sitting from | 0.58 | |
to | 1.40 |
NOTE:- For attendance at sittings in faciem loci in connection with any charge, the fee of 58c shall be added to the above fees.
4. Travelling expenses shall be taxed separately.
Schedule D
(Article 575A)
(a) any crime punishable with a maximum term of imprisonment of nine years or more;
(b) the crimes envisaged in articles 198 to 207, 216(1)(a), (b), (c) and (e), 217, 262(1)(a) and (b), and 263 of this Code (other than unlawful use or consumption of a service);
(c) any theft committed against any person under the age of twelve years or over the age of sixty years other than the theft of
vehicles.
Added by: XVI. 2006.25.
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