CRIMINAL CODE               [CAP. 9.            1
CHAPTER 9
CRIMINAL CODE
To amend and consolidate the Penal Laws and the Laws of Criminal Procedure.
10th June, 1854
ORDER-IN-COUNCIL of the 30th of January, 1854 , as amended by Ordinances: IV of
1856 , VIII and IX of 1857 , X of 1858 , IX of 1859 , V of 1868 , VI of 1871 , IV of 1874 , III of
1877 , I of 1879 , III and VII of 1880 , IV of 1882 , III of 1885 , II of 1886 , IV and XVI of 1888 ,
XIV of 1889 , II of 1892 , VIII of 1893 , IV of 1894 , III and X of 1896 , IV of 1897; the Malta (Use
of English Language in legal proceedings) Order-in-Council, 1899; Ordinances: III , VI, XI
and XIII of 1899 , XI, XII and XVI of 1900 , VI and XVI of 1901 , I of 1903 , I and XII of 1904 , XI
of 1905 , VIII of 1909 , IV of 1910 , IX of 1911 , XII of 1913 , II, VI and XII of 1914 , IV of 1916 ,
XIII and XIV of 1918; the Malta Constitution Letters Patent , 1921; Ordinance XVI of 1921;
Acts: XII of 1922 , I of 1924 , XXVI of 1927 , XVI of 1929; Ordinances: VI and VIII of 1930 , XIII
and XXVI of 1931 , XVI of 1932 , VI of 1933; Acts: XXVIII , XXXV and XLI of 1933;
Ordinances: XXII , XXX and XXXVII of 1934 , IX and XIII of 1935 , XIV and XX of 1936 , III and
XV of 1937 , I, XXIV , XXVII and XXXV of 1938 , I and VI of 1939 , XXIX of 1940; Government
Notices Nos. 124 and 248 of 1941. Incorporating also Article 3 of Ordinance II of 1867 ,
Ordinance IV of 1872 , Article 30 of Ordinance VI of 1880 and Ordinance XXXVII of 1934.
This Code was subsequently amended by Ordinances: VIII , XII and XXI of 1944 , XXIV of
1946 , VI of 1947; Acts: X of 1949 , IX of 1950 , IV of 1951 , V of 1956 , XII of 1957; Emergency
Ordinance XX of 1959; Ordinances: XV of 1959 , X of 1960 , XXV of 1962; Legal Notice 4 of
1963; Acts: XVI and XXIII of 1963 , XIII of 1964 , XIX and XXXII of 1965; Legal Notice 46 of
1965; Acts: XXXI and XLIII of 1966 , II, XXV and XXXI of 1967 , XXVII of 1970 , III and XXI of
1971 , XXXIII of 1972 , II, III, XI, XV, XXXVIII and XLVI of 1973 , IV, VIII , XXXV and LVIII of
1974 , XXIV , XXVII and XXXVII of 1975 , III, XIV , XVIII , XIX and XXII of 1976 , XI of 1977 ,
XIII and XVIII of 1980 , XLIX  and LIII of 1981 , IX of 1982 , XIII and XIV of 1983 , I of 1984 ,
XXXII of 1986 , XIII of 1987 , XXII of 1988 , XXIX of 1989 , VIII and XXIX of 1990 , XII of 1991 ,
XIX of 1992 , XXI of 1993 , IV and XXIV of 1994 , XXIV of 1995 , XVI and XVII of 1996 , XXXII
of 1997 , II and X of 1998 , VII of 1999 , X of 2000 , III and VI of 2001 , III, XIII, XXIV  and XXXI
of 2002 , IX of 2003 , III of 2004 , I, V, VI, XIII, XX and XXII of 2005 , XVI of 2006 ; Legal Notice
274 of 2007 ; Acts VI, XXIV  and XXXI of 2007 ; Legal Notice 407 of 2007 ; Acts VIII of 2008 , XI
of 2009 , VII and XXII of 2010 , XXI of 2011 and VIII of 2012 ; Legal Notice 426 of 2012 ; Acts
IV and XVIII of 2013 ; Legal Notice 246 of 2013 ; Acts I, II, III, IV, V, IX, XXIV , XXXI  and
XXXIV of 2014 ; Legal Notice 37 of 2015 ; and Acts II, III, VIII and XXXVII of 2015 , XXVIII ,
XLIX  and LI of 2016 , VIII of 2017 , XIV of 2017 , XV of 2017 , XXIII of 2017  and I of 2018 , XI of
2018 , XIII of 2018 , XVI of 2018, , XXXII of 2018 , XLII of 2018  and XXIV , XXXI  and  XXVIII of
2019 and III , XXVII and  XLI and LII of 2020 .
  
2              CAP. 9.]                       CRIMINAL CODE  
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 Of Punishments and General Rules for their application 7- 32
Sub-title I Of Punishments to which Offences are subject 7-15
Sub-title II General Provisions respecting the Infliction and Execution
of Punishments 16-30
Sub-title III Of the Ascent and Descent from one Punishment to another 31-32
Title II Of the Will and Age of the Offender 33-40Title III Of Attempted Offence  41Title IV Of Accomplices 42-48Title IV Bis Of Conspiracy 48ATitle 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 55-6 2
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 o ther
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 Of Calumnious Accusations, of Perjury and 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
                         CRIMINAL CODE               [CAP. 9.            3
Articles
§ Of the Breaking of Seals, and of the Purloining of
Documents or Deposits from the Public Archives orother Public Offices 142-150
§ Of the Violation of Public Places of Confinement, of the
Escape of Persons in Custody or Suspected orSentenced, and of the Harbouring of Offenders 151-160
§ Of the Violation of Public Monuments 161-162
Title IV Of Crimes against the Religious Sentiment 163-165Title 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 Dignity of Persons 196-210
Sub-title I Of Crimes relating to the Reciprocal Duties of the
Members of a Family 196-197
Sub-title II Of Sexual Offences
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, of the Administration or Supplying of
Substances Poisonous or Injurious to Health, and of theSpreading of Disease 241-244A
Sub-title VIII Of Infanticide and of the Abandonment, Exposure and Ill-
treatment of Children 245-248 Bis
Sub-title VII
BisOf 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 311-3 28
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 CONTRA VENTIONS 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
  
4              CAP. 9.]                       CRIMINAL CODE  
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 Of the Powers and Duties of the Executive Police in
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
Procedures355A V-BC
Sub-title XI Powers and Duties of the Police in respect of Court
Proceedings 356-366
Title II Of the Court of Magistrates 367-429
Sub-title I Of the Court of Magistrates as Court of Criminal
Judicature 370-388
Sub-title II Of the Court of Magistrates as Court of Criminal Inquiry 389-409 A
General Provisions applicable to the Court of Magistrates,
whether as Court of Criminal Judicature or as Court ofCriminal 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 430-435ETitle 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
Title VI Of the Rights of Suspects and Accused 534A-534AG
PART II
OF MATTERS RELATING TO CERTAIN MODES
 OF PROCEDURE AND TO CERTAIN TRIALS
Title I Of Reports, Informations and Complaints 535-545
Title II Of Inquiries relating to the '' In genere '', Inquests and
''Reperti '' 546-569 
Title III Of Counsel for the Accused 570-573Title IV Of Bail 574-587Title V Of the Indictment 588-602
                         CRIMINAL CODE               [CAP. 9.            5
Title VI Of Jurors 603-619
Articles
Title VII Allegation of Insanity and other Collateral Issues bef ore
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 Of Witnesses and Experts 629-657
Sub-title I Of Witnesses 629-649
Sub-title II Of Experts 650-657
Title II Of Confessions 658-661Title III Of Decisions and their Execution 662-666Title IV Of Property belonging to the Person Charged or Accused or
to other Persons and connected with Criminal Proceedings 667-679
Title V Of the Respect due to the Court 686 Title VI Of Prescription 687-694Title VII Of Fees 695Title VIII General Provisions 696-698
SCHEDULES
Schedule A Fees payable to the Executive Police in Cases institu ted on
the Complaint of the Injured Party.
Schedule B Fees payable in the Registry in Cases insti tuted on the
Complaint of the Injured Party.
Schedule C Fees payable to Legal Practitioners before the Court of
Magistrates - Criminal Jurisdiction. 
 Schedule D
  
6              CAP. 9.]                       CRIMINAL CODE  
Title. l. The title of this Code is Criminal Code.
 PRELIMINARY PROVISIONS
Classification of 
offences.  
Amended by: 
XI.1900.1.2. Offences are divided into crimes and contraventions.
Actions arising 
from an offence. 
Amended by: 
VI.1871.1.3.(1) Every offence gives rise to a criminal action and a civil
action.
(2) The criminal action is prosecuted before the courts of
criminal jurisdiction, and the punishment of the offender is th ereby
demanded.
(3) The civil action is prosecuted before the courts of civil
jurisdiction, and compensation for the damage caused by theoffence is thereby demanded.
Nature of 
criminal action. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68;XXVII.1975.2;
III.2002 .2.4. (1) The criminal action is essentially a public action and is
vested in the State and is prosecuted in the name of the Republ ic of
Malta, through the Executive Police or the Attorney General, as  the
case may be, according to law.
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 prosecutio n
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;
XXIV .2014 .3;
XLIX.2016 .8.5.(1) Saving any other special provision of this Code or of
any other law conferring jurisdiction upon the courts in Malta to try
offences, a criminal action may be prosecuted in Malta - 
(a) against any person who commits an offence in Malta,
or on the sea in any place within the territorialjurisdiction of Malta;
(b) against any person who commits an offence on the sea
beyond such limits on board any ship or vesselbelonging to Malta;
(c) against any person who commits an offence on board
any aircraft while it is within the air space of Malta oron board any aircraft belonging to Malta wherever itmay be;
 For the purposes of this paragraph the expression "air
space" means the air space above the land areas andterritorial waters of Malta;
(d) without prejudice to the preceding paragraphs of this
sub-article, against any citizen of Malta or permanentresident in Malta who in any place or on board anyship or vessel or on board any aircraft wherever it maybe shall have become guilty of the offences mentionedin article 54A or of an offence against the safety of the
Government or of the offences mentioned in articles133, 139A, or of the offences mentioned in articles188B, 188C, 188D, or of the offences mentioned in
                         CRIMINAL CODE               [CAP. 9.            7
articles 311 to 318 and in article 320 when these are
committed or are directed against or on a state orgovernment facility, an infrastructure facility, a publicplace or a place accessible to the public, a publictransportation system, or of forgery of any of theGovernment debentures referred to in article 166 or ofany of the documents referred to in article 167, or ofthe offence mentioned in article 196, or of any otheroffence against the person of a citizen of Malta or ofany permanent resident in Malta;
For the purposes of this paragraph:
Cap. 217."permanent resident" means a person in favour of
whom a permit of residence has been issued inaccordance with the provisions contained in article 7of the of the 
Immigration Act;
"offence against the person" includes the offences
mentioned in articles 86 to 90 and in articles 198 to205;
the expressions "state or government facility",
"infrastructure facility" and "public transportationsystem" shall have the same meaning assigned to themrespectively by article 314A(4);
(e) against any person who being in Malta -
(i) shall have become guilty of any offence under
article 87(2) or articles 198, 199, 211, 214 to 218,
220, 249 to 251, 311, 312, 314A, 314B, 314C,316 or 317 when committed or directed on oragainst the person of a protected person or to theprejudice or injury of such person or likely toendanger the life or to cause serious injury to theproperty, life or health of such a person, or inconnection with an attack on any relevantpremises or on any vehicle ordinarily used by aprotected person or when a protected person ison or in the premises or vehicle; or
 (ii) shall have committed any act which if
committed in Malta would constitute an offenceand such act involved the use of a bomb,grenade, rocket, automatic firearm, letter bombor parcel bomb which endangered persons; or
(iii) shall have committed any of the offences under
articles 188B to 188D,
although the offences referred to in this paragraph
shall have been committed outside Malta:
     Provided that for the purposes of sub-paragraph (i) of
this paragraph it shall be immaterial whether the offenderknew 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
  
8              CAP. 9.]                       CRIMINAL CODE  
to the fact that it is being used as an embassy, a
residence or for such other purpose connectedwith the diplomatic service of Malta; or
(ii) commits an offence in a place outside Malta
when such person enjoys diplomatic immunityby virtue of such service;
(g) against any person who being in Malta, shall be a
principal or an accomplice in any of the crimesreferred to in article 87(2), or in articles 139A, 198,199, 211, 214 to 218, 220, 249 to 251, 298, or inarticles 311 to 318 or in article 320 when these arecommitted in the circumstances mentioned inparagraph ( d) or ( e) of this sub-article, or in a crime
which is committed by any act as is mentioned inparagraph ( e)(ii) of this sub-article, or conspires with
one or more persons for the purpose of committing anyof the said crimes, although the crimes shall have beencommitted outside Malta;
(h) against any person in respect of whom an authority to
proceed, or an order for his return, following a requestby a country for his extradition from Malta, is notissued or made by the Minister responsible for justiceon the ground that the said person is a Maltese citizenor that the offence for which his return was requestedis subject to the death penalty in the country whichmade the request, even if there is no provisionaccording to the laws of Malta other than the presentprovision in virtue of which the criminal action may beprosecuted in Malta against that person;
(i) against any person who commits an offence which, by
express provision of law, constitutes an offence evenwhen 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 sub-article (1)( b) and (c), a ship or
vessel or an aircraft shall be deemed to belong to Malta if it is
registered in Malta or, if it is not registered anywhere, is ow ned
wholly by persons habitually resident in Malta or by bodiescorporate established under and subject to the laws of Malta an d
having their principal place of business in Malta.
(3) For the purposes of sub-article (1)( e):
 "a protected person" means, in relation to an alleged offence,
any of the following:
(a) a person who at the time of the alleged offence is a Head
of State, a member of a body which performs thefunctions of Head of State under the constitution of theState, a Head of Government or a Minister for Foreign
Affairs and is outside the territory of the State in
which he holds office;
                         CRIMINAL CODE               [CAP. 9.            9
(b) a person who at the time of the alleged offence is a
representative or an official of a State or an official oragent of an international organisation of an inter-governmental character, is entitled under internationallaw to special protection from attack on his person,freedom or dignity and does not fall within thepreceding paragraph;
(c) a person who at the time of the alleged offence is a
member of the family of another person mentioned ineither of the preceding paragraphs and -
(i) if the other person is mentioned in paragraph ( a)
above, is accompanying him,
(ii) if the other person is mentioned in paragraph ( b)
above, is a member of his household;
"relevant premises" means premises at which a protected person
resides or is staying or which a protected person uses for thepurpose 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 per son is
or was a protected person, a certificate issued by or under theauthority of the Minister responsible for foreign affairs and s tating
any fact relating to the question shall be conclusive evidence of that
fact.
Criminal and 
civil actions are independent of each other.6. The criminal action and the civil action are prosecuted
independently of one another.
Criminal actions 
to be resolved without unreasonable delay.
Added by:
XIII.2018. 24.6A. Criminal actions shall be resolved without any unreasonable
delay having due regard to the need to protect the safety and w ell-
being of the injured party.
BOOK FIRST
 PENAL LAWS
PART I
OF PUNISHMENTS AND GENERAL RULES FOR 
THEIR APPLICATION, OF THE WILL AND AGE OF 
THE OFFENDER, OF ATTEMPTED OFFENCE, 
OF ACCOMPLICES AND OF RECIDIVISTS
Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR 
APPLICATION 
  
10              CAP. 9.]                       CRIMINAL CODE  
Sub-title I
OF PUNISHMENTS TO WHICH OFFENCES ARE SUBJECT
Punishments to 
which crimes and contraventions are subject. 
Amended by: 
II.1886.1; XVI.1888.1; XI.1900.2; IX.1911.1; XXI.1971.2; 
XLIX.1981 .4;
II.2015 .2.7.(1) Saving the exceptions laid down in the law, the
punishments that may be awarded for crimes are - 
(a) imprisonment; 
(b) solitary confinement; 
(c) interdiction; 
(d) fine ( multa ).
(2) Subject to the provisions of article 53 or of any other
special law, the punishments that may be awarded forcontraventions are - 
(a) detention; 
(b) fine ( ammenda );
(c) reprimand or admonition.
Punishment 
restrictive of personal liberty. (3) The expression "punishments restrictive of personal
liberty" includes the punishments of imprisonment and detention .
(4) Any law, inflicting the punishment of death, imprisonment,
solitary confinement, fine ( multa  or ammenda ), detention, or
reprimand, shall be deemed to inflict the corresponding punishm ent
established by this Code for all the effects and consequences o f this
punishment, in the same manner as if the provisions of such lawformed part of this Code, subject, however, to the limitations laid
down by such law.
(5) Any law inflicting, in general terms, the punishments
established for contraventions, shall be deemed to inflict all the
punishments which, under the provisions of articles 341 and 344may, separately or cumulatively, be applied to the contraventio ns
referred to in this Code.
(6) Any law directing the ascent or descent from one
punishment to another shall be deemed to refer to the scale ofpunishments and to the other provisions contained in article 31 .
(7) Any other provision of this Code shall be applicable in the
case of any offence referred to in any special law, unless suchprovision be inconsistent with the provisions of such law.
Imprisonment. 8.(1) Persons sentenced to imprisonment shall be confined in
the prison or in that part of the prison appointed for personssentenced to that punishment, and they shall be subject to therestrictions 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 .4.9.(1) The punishment of solitary confinement is carried into
effect by keeping the person sentenced to imprisonment, during one
or more terms in the course of any such punishment, continuousl y
shut up in the appointed place within the prison, without permi tting
                         CRIMINAL CODE               [CAP. 9.            11
any other person, not employed on duty nor specially authorized  by
the Minister responsible for the prisons, to have access to him .
Duration of each 
term of solitary confinement.(2) No term of solitary confinement shall exceed ten
continuous days.
Rules to be 
observed.(3) More terms of solitary confinement may only be applied
with an interval of two months between one term and another. 
(4) Nevertheless, solitary confinement may be applied during
those intervals in case of any infringement of the prisonregulations, or for any other offence committed during the saidintervals, provided that the terms be of short duration and tha t 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 solita ry
confinement.
(6) The punishment of solitary confinement is applied in the
cases prescribed by law.
(7) Before awarding the punishment of solitary confinement
the court shall satisfy itself, if necessary by medical evidenc e,
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 certifi es in
writing that the prisoner is no longer fit to undergo suchpunishment, the execution of that punishment shall be suspendeduntil such time as the prisoner is again certified to be medica lly fit
to undergo such punishment.
Interdiction. 
Amended by: 
XI.1900.3; VIII.1909.1; VI.1947.3.10. (1) Interdiction is either general or special.
General 
interdiction.(2) General interdiction disqualifies the person sentenced for
any public office or employment, generally.
Special 
interdiction.(3) Special interdiction disqualifies the person sentenced from
holding some particular public office or employment, or from th e
exercise of a particular profession, art, trade, or right, acco rding to
the law in each particular case.
Duration of 
interdiction.(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 longertime.
(6) Interdiction, whether for life or for a stated time, may, up on
the application of the person sentenced to such punishment and on
good grounds being shown to the satisfaction of the court by wh ich
the sentence was awarded, be discontinued at any time by order of
the said court.
  
12              CAP. 9.]                       CRIMINAL CODE  
Publication of 
sentence of interdiction.(7) The court shall order a sentence awarding general or special
interdiction or a decree ordering the discontinuance thereof to  be
published in the Gazette, but, in respect of a decree orderingdiscontinuance as aforesaid, at the expense of the personconcerned.
Penalty for non-
fulfilment of obligations.(8) If any person sentenced to interdiction, shall infringe any of
the obligations arising from that punishment, he shall, onconviction, be liable to imprisonment for a term not exceedingthree months and to a fine ( multa ).
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.201 1.45.11.  (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 twe nty-
nine cents (23.29), the maximum shall be twenty-three euro andtwenty-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 d ay 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 f ine
(multa ) exceed six months if the fine is not higher than seven
thousand euro (7,000), one year if the fine is not higher than thirty
thousand euro (30,000), eighteen months if the fine is not high er
than eighty thousand euro (80,000) and two years if it is highe r 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 .6.12. (1) Persons sentenced to detention shall be detained in the
prison or in that part of the prison appointed for persons sent enced
to that punishment.
(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 .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 cent s
(6.99).
                         CRIMINAL CODE               [CAP. 9.            13
Conversion of 
fine ( ammenda ) 
into detention.(2) In default of payment of a fine ( ammenda ) within the period
prescribed in article 14, the fine ( ammenda ) shall be converted into
detention at the rate of one day for every eleven euro and sixt y-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.
Time for 
payment of fine (multa  or 
ammenda ). 
Added by: 
XXII.1934.4. 
Amended by: 
XIV .1936.2: VI.1947.4; V .1956.4;
III.2002 .7;
L.N. 407 of 
2007 .14. (1) A person sentenced to a fine ( ammenda  or multa ) shall
pay the same forthwith. Nevertheless the court may, for a reaso n to
be recorded, order that the person sentenced shall pay the fine  to
the registrar within such period as the court in passing senten ce
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 sh all 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 we ek
from the date of the sentence, the said fine shall be convertedforthwith into imprisonment or detention as provided in 
articles 11
and 13 as the case may be, and the police shall, by virtue of t he
authority conferred upon them by the sentence and by this provi so,
arrest the person sentenced and shall escort him to the placedesignated according to law for the confinement of personssentenced to a fine convertible into imprisonment or detentionaccording to law:
Power of court 
to fix other period of detention or imprisonment.Provided further that the court may, notwithstanding the
provisions of articles 11 and 13, in passing sentence of a fine(ammenda  or multa ) determine any other period of detention or
imprisonment which the offender shall undergo in default ofpayment thereof forthwith or within the prescribed time, as the  case
may be; but the period of detention or imprisonment so determin ed
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 su ch
amounts and in relation to such recurrent intervals as the cour t may
deem fit, but so nevertheless that the period over which the wh ole
amount shall be paid shall in no case exceed three years, and t hat in
default of payment of any one such instalment the whole of theamount outstanding shall become and be immediately due andpayable, and all the provisions of this Code applicable to a se ntence
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.
  
14              CAP. 9.]                       CRIMINAL CODE  
Reprimand or 
admonition. Repealed by: II.1886.4.and re-enacted by: XVI.1888.4.15. (1) The reprimand or admonition shall be made in open
court by the judge or magistrate who tried the offence.
(2) Whosoever shall receive the reprimand or admonition with
overt acts of contempt or want of respect, shall be liable todetention or to a fine ( ammenda ).
Compensation 
for victims of crime.
Added by:
XIII.2018 .24.
Amended by:
XXXII.2018 .3.
Cap. 12.15A.  (1) In addition to any punishment to which the person
convicted of an offence may be sentenced, the Court may order t he
offender to make restitution to the injured party of any proper ty or
proceeds stolen or knowingly received or obtained by fraud orother unlawful gain to the detriment of such party by or throug h the
offence, or to pay to such party such sum of money as may bedetermined by the Court as compensation for any such loss asaforesaid or for any damages or other injury or harm, including, only
in the case of crimes affecting the dignity of persons under Ti tle VII of
Part II of Book First and of willful crimes against the person subject to a
punishment of imprisonment of at least three years under Title VIII of
Part II of Book First up to a maximum limit of ten thousand eur o
(€10,000) or up to such maximum limit as the Minister responsib le for
Justice may by regulations establish both with regard to the ma ximum
amount and about the method of computation depending on the cas e,
moral harm and or psychological harm, caused to such party by o r
through the offence, and any such order may include both adirection to make restitution and, or, to pay as aforesaid. The  order
shall constitute an executive title for all intents and purpose s of the
Code of Or ganization and Civil Procedure .
(2) When issuing an order under sub-article (1), the Court may
direct that such costs or damages are paid in instalments, in p articular,
having regard to any other obligations which the offender has t owards
the victim or any of the victim’s dependants.
Sub-title II
GENERAL PROVISIONS RESPECTING THE INFLICTION AND 
EXECUTION OF PUNISHMENTS 
Reckoning of 
punishment.16. Where the punishment is for a term of days, a day of
punishment shall be reckoned at twenty-four hours; where thepunishment is for a term of months, but not more than threemonths, each month shall be reckoned at thirty days; where thepunishment is of longer duration, the months and years shall bereckoned according to the calendar.
                         CRIMINAL CODE               [CAP. 9.            15
Concurrent 
offences and punishments. 
Amended by: 
IX.1859.1; XI.1900.6; IX.1911.3,4; XII.1914.4; XXXIII.1972.4; XXXVIII.1973.2; 
XLIX.1981 .4,6; 
XVI.1996 .6;
XXIV .2014 .4.17. In the case of concurrent offences and punishments, the
following provisions shall apply:
(a) a person guilty of more than one crime liable to
punishments restrictive of personal liberty, one ofwhich is for life, shall be sentenced to this punishmentwith 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 gravercrime with an increase varying from one-third to one-half of the aggregate duration of the otherpunishments;
(c) a person guilty of more than one contravention shall be
sentenced to the punishment established for eachcontravention:
   Provided that if the accused is sentenced to
detention, the aggregate duration of the punishment tobe awarded shall in no case exceed the period of threemonths;
(d) a person guilty of one or more crimes and of one or
more contraventions, shall only be sentenced to thepunishment established for the crime or to thepunishment to which the offender may be liable for thecommission of more crimes according to the rules laiddown in the preceding paragraphs, if the punishment tobe inflicted for the crimes is not less than threemonths’ imprisonment. Where the punishment to beinflicted for the crimes is less than three months’imprisonment, the punishment established for thecontravention or the punishment to which the offendermay be liable for the commission of morecontraventions according to the rules laid down in thepreceding paragraph, shall also be applied;
(e) where the law prescribes the punishment of temporary
interdiction, that which is of the longest duration shallbe applied with an increase varying from one-third toone-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 thepunishment of the higher or highest fine ( multa  o r
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 personalliberty, the duration of this punishment shall notexceed 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
  
16              CAP. 9.]                       CRIMINAL CODE  
imprisonment as the court shall direct;
(h) when several offences, which taken together do not
constitute an aggravated crime, are designed for thecommission of another offence, whether aggravated orsimple, the punishment for the graver offence shall beapplied.
Continuous 
offence. 
Amended by: 
XI.1900.6;
XIII.2018 .24;
XXIV .2019 .3.18. Where the several acts committed by the offender, even if
at different times, constitute violations of the same provision  of the
law, and are committed in pursuance of the same design, such ac ts
shall be deemed to be a single offence, called a continuous off ence,
but the punishment may be increased by one or two degrees.
Rules respecting 
the award of punishments.19. Every punishment established for any offence shall be
deemed to be so established without prejudice to any higherpunishment prescribed for the offence in any other law, wheneve r
the circumstances mentioned in such other law concur in theoffence.
Punishment not 
awardable in its minimum. 
Amended by: 
XI.1900.7; IX.1911.5; 
XLIX.1981 .6.20. When the law expressly provides that a punishment shall
not be awarded in its minimum, the punishment to be awarded sha ll
always include at least one-third of the difference between theminimum and the maximum.
Punishment 
below prescribed minimum.  
Added by: 
XII.1944.2. 
Amended by: 
XXI.1971.4.21. Saving the provisions of article 492, the court may, for
special and exceptional reasons to be expressly stated in detai l in
the decision, apply in its discretion any lesser punishment whi ch it
deems adequate, notwithstanding that a minimum punishment isprescribed in the article contemplating the particular offence or
under the provisions of article 20, saving the provisions of ar ticle 7.
Computation of 
sentences of imprisonment. 
Added by: 
VI.1947.6.Substituted by:
III.2002 .8.22. Except in the case of a sentence of imprisonment for life or
of imprisonment or detention in default of payment of a fine ( multa
or ammenda ), any time prior to conviction and sentence during
which the person sentenced is in prison for the offence or offe nces
for which he has been so convicted and sentenced, not being tim e in
prison in execution of a sentence, shall count as part of the t erm of
imprisonment or detention under his sentence; but where he waspreviously subject to a probation order, an order for condition al
discharge or to a suspended sent ence in respect of such offence  or
offences, any such period falling before that order was made orsuspended 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
anything obtained by such crime, is a consequence of thepunishment for the crime as established by law, even though suc h
forfeiture be not expressly stated in the law, unless some pers on
                         CRIMINAL CODE               [CAP. 9.            17
who has not participated in the crime, has a claim to such prop erty.
(2) In case of contraventions, such forfeiture shall only take
place in cases in which it is expressly stated in the law.
(3) In the case of things the manufacture, use, carrying,
keeping or sale whereof constitutes an offence, the forfeiturethereof may be ordered by the court even though there has not b een
a conviction and although such things do not belong to the accu sed.
(4) Notwithstanding the provisions of sub-articles (1) to (3),
where the Attorney General communicates to a magistrate a reque st
by a foreign authority for the return of an article obtained bycriminal means for purposes of restitution to its rightful owne r, the
court may after hearing the parties and if it deems it proper s o to act
after taking into consideration all the circumstances of the ca se,
order that the forfeiture of any such article shall not take pl ace and
that the article shall be returned to the requesting foreign au thority.
Freezing of 
property of person accused.
Added by:
III.2002 .9.
Amended by:
III.2004 .69;
VII.2010 .3.
Cap. 373.23A. (1) In this article, unless the context otherwise requires:
"relevant offence" means any offence not being one of an
involuntary nature other than a crime under the Ordinances orunder the Act, liable to the punishment of imprisonment or ofdetention for a term of more than one year;
"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
virtue of this article as if it were an order made by the Court  under
the said article 5 of the Act.
(3) Where the court does not proceed forthwith to make an
order as required under sub-article (2) the court shall forthwi th
make a temporary freezing order having the same effect as an or der
made under article 5 of the Act which temporary order shall rem ain
in force until such time as the court makes the order required by the
said sub-article.
(4) Where for any reason whatsoever the court denies a request
made by the prosecution for an order under sub-article (2) the
Attorney General may, within three working days from the date o f
the court’s decision, apply to the Criminal Court to make therequired order and the provisions of article 5 of the Act shall  apply
mutatis mutandis  to the order made by the Criminal Court under
this sub-article as if were an order made by the court under th e
same article 5. The temporary freezing order made under sub-article (3) shall remain in force until the Criminal Court dete rmines
the application.
(5) The person charged may within three working days from
the date of the making of the order under sub-article (2) apply  to
the Criminal Court for the revocation of the order provided tha t the
order made under sub-article (2) shall remain in force unless
  
18              CAP. 9.]                       CRIMINAL CODE  
revoked by the Criminal Court.
Forfeiture of 
proceeds.
Added by:
III.2002 .9.
Amended by:
XXXI.2007 .4;
VIII.2015 .2;
XLII.2018 .3.23B. (1) Without prejudice to the provisions of article 23 the
court shall, in addition to any punishment to which the personconvicted of a relevant offence may be sentenced and in additio n to
any penalty to which a body corporate may become liable under t he
provisions of article 121D, order the forfeiture in favour of t he
Government of the proceeds of the offence or of such property t he
value of which corresponds to th e value of such proceeds whethe r
such proceeds have been received by the person found guilty or by
the body corporate referred to in the said article 121D.
(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 may become liable under the provisions of article121D shall, unless proved to the contrary, be deemed to be deri ved
from the relevant offence and be liable to confiscation or forf eiture
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 sub-article (1A) of this a rticle
and any reference in the said article 7 to "an offence under ar ticle
3" shall be construed as a reference to a relevant offence.
Cap. 12.(2) Where the proceeds of the offence have been dissipated or
for any other reason whatsoever it is not possible to identify and
forfeit those proceeds or to order the forfeiture of such prope rty the
value of which corresponds to the value of those proceeds the c ourt
shall sentence the person convicted or the body corporate, or t he
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 berecovered as a civil debt and the sentence of the Court shallconstitute an executive title for all intents and purposes of t he 
Code
of Or ganization and Civil Procedure .
(3) For the purposes of this article:"proceeds" means any economic advantage and any property
derived from or obtained, directly or indirectly, through thecommission of the offence and includes any income or otherbenefits derived from such property into or with which suchproceeds have been transformed, converted or intermingled and a ny
subsequent reinvestment or transformation of direct proceeds:
Provided that property which has been transformed or
converted, fully or in part, into other property, and property which
has been intermingled with property acquired from legitimatesources, up to the assessed value of the intermingled proceeds,shall be included within this definition;
"property"means assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, and legal
documents or instruments in any form including electronic or di gital,
evidencing title to, or interest in, such assets, including, bu t not limited
to, bank credits, travellers cheques, bank cheques, money order s,
                         CRIMINAL CODE               [CAP. 9.            19
shares, securities, bonds, drafts, and letters of credit;
"relevant offence" and "the Act" have the same meaning assigned
to them by article 23A(1).
Forfeiture of 
property derived from criminal activity.
Added by:
XXXI.2007 .5.
Amended by:
XXIV .2014 .5;
VIII.2015 .3.23C. (1) Where it is established that the value of the property
of the person found guilty of a relevant offence is disproporti onate
to his lawful income and the court can reasonably presume that it is
substantially more probable, that the property in question has been
obtained from the criminal activity of that person rather than from
other activities, that property shall be liable to forfeiture.
Cap. 101.(2) When a person has been found guilty of a relevant offence
and in consequence thereof any moneys or other movable propertyor any immovable property is liable to forfeiture, the provisio ns of
article 22(3A)( b) and ( d) and (7) of the 
Dangerous Drugs
Ordinance shall apply mutatis mutandis  in the circumstances
mentioned in those paragraphs.
(3) Where a person has been charged or accused of a relevant
offence which is liable to give rise, directly or indirectly, t o an
economic benefit, and proceedings cannot continue due to theillness or absconding of the said person, and the court based o n
specific facts is fully convinced that such proceedings could h ave
led to the conviction of the person charged or accused had heappeared in the proceedings or stood trial, it shall be lawful for the
court to order the confiscation of the instrumentalities and pr oceeds
of the said offence:
For the purposes of this sub-article "illness" shall mean the
inability of the suspected or accused person to attend the crim inal
proceedings for an extended period, as a result of which theproceedings cannot continue under normal conditions.
(4) Saving the provisions of sub-article (2) the Court shall in
addition to any other punishment, in its sentence or at any tim e
thereafter, order the forfeiture of all proceeds or other prope rty the
value of which corresponds to proceeds, which, directly orindirectly, were transferred by a suspected or accused person t o a
third party, or which were acquired by a third party from asuspected or accused person, when the third party knew or ought  to
have known that the purpose of the transfer or acquisition was to
avoid confiscation.
(5) Nothing shall preclude the detection and tracing of property
as provided for under this Code or any other law, to be frozen and
confiscated after a final conviction for an offence or followin g
proceedings in terms of sub-article (3), and to ensure the effe ctive
execution of a confiscation order, when such an order has alrea dy
been issued.
(6) For the purposes of this article:"relevant offence" means any offence not being one of an
involuntary nature, liable to the punishment of imprisonment fo r a
term of more than one year;
"property" shall have the same meaning assigned to it by articl e
  
20              CAP. 9.]                       CRIMINAL CODE  
23B(3).
The Director of 
the Asset Recovery Bureau to conduct enquiries.
Added by:
VII.2010 .5.
Amended by:
IV.2014 .3;
XXXI.2019. 3.23D. (1) Where the court makes any order as is mentioned in
articles 23A to 23C, both articles inclusive, it shall order th e
Director of the Asset Recovery Bureau to conduct inquiries to t race
and ascertain the whereabouts of any moneys or other property, due
or pertaining to or under the control of the person charged oraccused or convicted, as the case may be:
Provided that for the purposes of this sub-article "property"
and "proceeds" shall have the meaning assigned to themrespectively by article 23B(3).
(2) Whosoever is required by the Director of the Asset Recovery
Bureau to provide information for the purpose of sub-article (1 )
shall comply with the demand within thirty days from the day ofreceipt of the demand.
(3) The demand made by the Director of the Asset Recovery
Bureau, and any reply thereupon in terms of this article, may b e
made by electronic mail.
Liability of 
person having the charge of another, in case of contravention. 
Added by: 
VIII.1909.2.24. In the case of any contravention committed by a person
who is under the authority, control or charge of another person , not
only the person committing the contravention but also such othe r
person shall be liable to punishment, if the contravention is a gainst
some provision the observance of which such other person wasbound to enforce, and if the contravention could have beenprevented by the exercise of diligence on the part of such othe r
person.
Abolition of 
disabilities arising out of punishments. 
Amended by: 
VI.1871.2; XXI.1971.5.25. All disabilities arising, under the provisions of any law
whatsoever, out of any punishment, are abolished.
Right of civil 
action unaffected. 
Amended by: 
VIII.1909.3.26. (1) Any sentence to a punishment established by law shall
always be deemed to have been awarded without prejudice to theright of civil action.
(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.27. If the punishment provided by the law in force at the time
of the trial is different from that provided by the law in forc e at the
time when the offence was committed, the less severe kind ofpunishment shall be awarded.
Rules as to the 
serving of punishments. 
Amended by: 
XII.1914.5.28. (1) When more punishments of the same kind are awarded
at the same time against the same offender, they shall be under gone
one after the termination of the other; if they are of differen t kinds,
the heavier punishment shall be undergone first, and immediatel y
on its termination, the less severe punishment shall commence.
(2) If any person, while actually undergoing one punishment,
shall be sentenced to another punishment either of the same or of a
                         CRIMINAL CODE               [CAP. 9.            21
less severe kind, he shall continue to undergo the first punish ment,
and immediately on its termination, he shall undergo the secondpunishment.
(3) If the second punishment be heavier than the first, the
person sentenced shall at once be subjected to the secondpunishment, and on its termination, he shall immediately revert  to
the first punishment and undergo the remainder thereof.
(4) The punishment of interdiction shall take effect from the
date of the sentence awarding such punishment.
Suspended 
sentence of imprisonment.
Added by: 
XXIX.1990 .3.
Amended by:
III.2002 .10.28A. (1) Subject to sub-articles (2) to (7) and to articles 28B to
28I, a court which passes a sentence of imprisonment for a term  of
not more than two years for an offence may order that the sente nce
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 d ate
of the order, the offender commits another offence punishable w ith
imprisonment and thereafter a court competent to do so ordersunder article 28B that the original sentence shall take effect;  and in
this article and whenever it occurs in articles 28B to 28G and in
article 28I "operational period", in relation to a suspendedsentence, 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 o ne in
which a sentence of imprisonment would have been appropriate inthe absence of any power to suspend such a sentence by an orderunder sub-article (1).
Cap. 446.(3) A court which passes a suspended sentence on any person
for an offence shall not make in his case a probation order, asprovided in the 
Probation Act, in respect of another offence of
which he is convicted by or before the court or for which he is  dealt
with by the court.
(4) On passing a suspended sentence the court shall explain to
the offender in ordinary language his liability under article 2 8B if
during the operational period he commits an offence punishablewith imprisonment.
(5) A suspended sentence which has not taken effect shall for
all intents and purposes of law be deemed, except as provided i n
sub-article (1), to be a sentence  awarding punishment and nothi ng
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 maybe ordered, together with the punishment ofimprisonment so suspended; and
(b) the operation of articles 383, 384, 385, 386, 387 and
533.
(5A) Without prejudice to the provisions of article 28F, the
punishment awarded under a suspended sentence when thatsentence has not taken effect shall, for the purposes of articl e 50, be
deemed to have expired on the expiration of the original
  
22              CAP. 9.]                       CRIMINAL CODE  
operational period referred to in sub-article (1) or of the ope rational
period substituted therefore as provided in article 28B(2)( b).
(6) The provisions of sub-article (1) shall not apply to any
imprisonment awarded in default of payment of a fine ( multa ) or of
costs.
(7) An order under sub-article (1) shall not be made in any of
the following cases - 
(a) where the person sentenced is already serving a
sentence of imprisonment; 
(b) where the person sentenced is a recidivist within the
terms of article 50;
Cap. 446.(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 dea lt
with by means of a suspended sentence.
Commission of 
an offence during the operational period. 
Added by: 
XXIX.1990 .3.28B. (1) Where an offender is convicted of an offence
punishable with imprisonment committed during the operationalperiod of a suspended sentence and either he is so convicted by  or
before a court competent under article 28C to deal with him inrespect of the suspended sentence or he subsequently appears or  is
brought before such a court, then, unless the sentence has alre ady
taken effect, that court shall order that the suspended sentenc e shall
take effect.
(2) If the further offence committed during the operational
period is of an involuntary nature or if, in the case of any ot her kind
of offence, the court is of opinion, in view of all the circums tances
including the facts of such further offence, that it would be u njust
to make an order under sub-article (1), it may deal with theoffender by one of the following methods - 
(a) it may abstain from making an order under sub-article
(1) and the operational period shall then remain inforce; or
(b) it may by order vary the original order under article
28A(1) by substituting for the operational periodspecified therein a period expiring not later than fouryears from the date of the variation:
Provided that if it does not make an order under sub-article
(1) the court shall state its reasons.
(3) In proceedings for dealing with an offender in respect of a
suspended sentence which take place before the Criminal Court a ny
question whether the offender has been convicted of an offencepunishable with imprisonment committed during the operationalperiod of the suspended sentence shall, notwithstanding theprovisions of article 436(2) and of article 467, be determined by the
court and not by the verdict of a jury.
(4) Where a court deals with an offender under this article in
respect of a suspended sentence passed by another court the
                         CRIMINAL CODE               [CAP. 9.            23
registrar shall, by means of a copy, notify forthwith the court  which
passed the sentence of the method adopted.
(5) Where a court deals with an offender under this article the
registrar shall make the necessary annotations in the specialregister mentioned in article 28A(8).
Competent court 
for dealing with suspended sentence. 
Added by: 
XXIX.1990 .3. 
Amended by:
VIII.1990 .3;
III.2002 .11.28C. (1) An offender may be dealt with in respect of a
suspended sentence by the Court of Criminal Appeal, by theCriminal Court or, where the sentence was passed by the Court o f
Magistrates, by such court.
(2) Where an offender is convicted by the Court of Magistrates
of an offence punishable with imprisonment and the court issatisfied that the offence was committed during the operationalperiod of a suspended sentence p assed by the Criminal Court, th at
court shall commit the offender in custody or on bail before th e
Criminal Court for the purpose of being dealt with in respect o f the
suspended sentence:
Provided that where the Court of Magistrates is of the
opinion that the appropriate punishment for the further offence  is
imprisonment, the provisions of article 28E(3) shall apply.
(3) For the purposes of this article and of articles 28D and
28E -
(a) a suspended sentence passed on an offender on appeal
shall be deemed to have been passed by the court from
which the appeal was made;
(b) the Juvenile Court shall be deemed to be a Court of
Magistrates (Malta) or a Court of Magistrates (Gozo),as the case may be.
Suspended 
sentence not dealt with on conviction of further offence. 
Added by: 
XXIX.1990 .3. 
Amended by:
VIII.1990 .3;
III.2002 .12.28D. (1) If it appears to the Court of Criminal Appeal, to the
Criminal Court or to the Court of Magistrates that an offender has
been convicted of an offence punishable with imprisonmentcommitted during the operational period of a suspended sentenceand that he has not been dealt with in respect of the suspendedsentence, that court shall, either ex officio  or on the application of
the Attorney General or of the Executive Police, as the case ma y
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 ord er to
be dealt with in respect of the suspended sentence.
Concurrent 
offences and punishments in relation to suspended sentence.  
Added by: 
XXIX.1990 .3. 
Amended by:
VIII.1990 .3;
III.2002 .13.28E. (1) Where an offender is sentenced for more than one
crime in accordance with the provisions of article 17( b), an order
under article 28A(1) may be made if the single term ofimprisonment deemed appropriate and fixed by the court in thesentence so suspended does not exceed two years and if the othe r
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
  
24              CAP. 9.]                       CRIMINAL CODE  
offence punishable with imprisonment committed during the
operational period of a suspended sentence passed by the Crimin al
Court, it shall, after making the declaration of guilt of the o ffender
in respect of such offence and stating its conclusion, where it  is so
satisfied, that the appropriate punishment for that offence isimprisonment, refer the case for the determination of thepunishment to the Criminal Court by committing the offender tothat court as provided in article 28C(2) without pronouncing th e
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 imprisonme nt
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 award ed
in the suspended sentence by reducing such term, except in so f ar
as may be necessary for the purpose of compliance with theprovisions of article 17( b).
Recidivists. 
Added by: 
XXIX.1990 .3.28F.  In dealing with an offender for an offence punishable with
imprisonment committed during the operational period of asuspended sentence the court shall consider him a recidivist wi thin
the meaning of article 49 for the purpose of assessing anypunishment to which he is liable for such further offence, but the
punishment awarded under the suspended sentence shall not betaken into account for the purposes of article 50 unless suchsentence has taken effect and until the expiration or remission  of
such punishment.
Suspended 
sentence supervision order. 
Added by:
XXIX.1990 .3.
Amended by:
III.2002 .14;
L.N. 407 of 
2007 ;
XXIV .2014 .6.28G. (1) Where a sentence of more than six months
imprisonment is suspended in accordance with the provisions ofarticle 28A(1), the court may in addition make a suspendedsentence supervision order (hereinafter referred to as "a super vision
order") placing the offender under the supervision of a supervi sing
officer for a period specified in the order, being a period notexceeding the operational period.
Cap. 446.(1A)  Where a supervision order is made in accordance with the
provisions of sub-article (1), the court may, in addition to th e order,
make a community service order as defined in article 11 of theProbation Act and the provisions of the 
Probation Act shall, mutatis
mutandis , apply to any such order.
Cap. 446.(2) A supervision order shall specify the name, address and
other identification particulars of the offender, and the super vising
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 o r
any part of the period of supervision, with such requirements a s
may be imposed by the court under the provisions of article 7 o f 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 accor dance
                         CRIMINAL CODE               [CAP. 9.            25
with such instructions as he may from time to time be given by that
officer and shall notify him of any change of address.
(4) The court by which a supervision order is made shall cause
a copy of the order to be served forthwith on the supervisingofficer.
(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 wasmade 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 m ade
the order. If such order was made on appeal, the court from whi ch
the appeal was made shall be deemed to be the court which madethe order.
(7) The court which made the supervision order may replace it
by an order extending its duration in accordance with any varia tion
of the operational period of the suspended sentence made underarticle 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 wit h any
of the requirements of sub-articles (2) and (3), the court shal l cause
the offender to be brought before  it on an appointed day and at  an
appointed time, and if the court, after hearing the offender, i s
satisfied that such failure has occurred, it may either in seri ous or
repeated cases order that the suspended sentence passed in theproceedings in which the supervision order was made shall haveeffect or, without prejudice to the continuation of the order, impose on
him a fine ( ammenda ) not exceeding two hundred and thirty-two euro
and ninety-four cents (232.94).
(10) Any reference to a supervision order shall be deemed to
include a community service order.
Court direction 
for restitution or compensation. 
Added by: 
XXIX.1990 .3.
Amended by:
XIII.2018 .24;
XXXII.2018 .4.28H. (1) When making an order for suspended sentence under
sub-article (1) of article 28A, the court may enter in such ord er a
direction obliging the offender to make restitution to the inju red
party of anything stolen or knowingly received or obtained by f raud
or other unlawful gain by the offender to the detriment of suchparty by or through the offence to which the suspended sentencerelates, or to pay to such party such sum of money as may bedetermined by the court in that direction as compensation for a ny
such loss as aforesaid or for any damages or other injury or ha rm,
including, only in the case of crimes affecting the dignity of persons
under Title VII of Part II of Book First and of wilful crimes a gainst the
person subject to a punishment of imprisonment of at least thre e years
  
26              CAP. 9.]                       CRIMINAL CODE  
under Title VIII of Part II of Book First, up to a maximum limi t of ten
thousand euro (€10,000) or up to such maximum limit as the Mini ster
responsible for justice may by regulations establish both with regard to
the maximum amount and about the method of computation dependin g
on the case, moral harm and, or psychological harm. caused to s uch
party by or through the offence; and any such order may includeboth a direction to make restitution and, in default, to pay asaforesaid.
(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 th e time-
limit, not being longer than six months from the date of thedirection, within which the restitution or payment of compensat ion
specified in the direction shall be made by the offender.
(3) When issuing an order under sub-article (1), the Court may
direct that such costs or damages are paid in instalments, in p articular,
having regard to any other obligations which the offender has t owards
the victim or any of the victim’s dependants.
(4) The court shall determine the amount of any compensation
directed to be paid under this article after summarily hearing the
parties, if they so wish, and any other evidence, including tha t of
experts, it may deem relevant, but the amount of compensation s o
determined shall be without prejudice to the rights of either o f the
parties, or any other person interested, ensuing from the finalliquidation of the amount due, if any, as may be subsequentlyagreed or adjudicated upon in a civil action or in any other ma nner
permitted by law.
(5) If the offender fails to comply with a direction entered
under this article within the time fixed by the court in thatdirection, the court shall on the sworn application of the part y to
whom such restitution or compensation is due, to be served on t he
offender, appoint a date and time not later than seven days fro m the
date of service of the application, for hearing the parties.
(6) If the court, after such hearing, is satisfied that the offe nder
has failed to comply with its direction under this article, it shall
order that the suspended sentence shall take effect. The court may,
however, for reasonable cause, grant to the offender a furtherperemptory period not exceeding one month, for complying withthe direction.
(7) The court shall abstain from taking cognizance of an
application as is mentioned in sub-article (5) if such applicat ion is
filed after the lapse of three months from the expiration of th e time-
limit fixed by the court for compliance with such direction.
(8) On entering a direction under this article the court shall
explain to the offender in ordinary language his liability unde r this
article if he fails to comply with that direction.
Appeals. 
Added by: 
XXIX.1990 .3.28I. (1) For the purposes of any right of appeal an order made
by a court under article 28B(1) or article 28H(5) that a suspen ded
sentence shall take effect shall be treated as a sentence passe d on
the offender by that court for the offence for which the suspen ded
                         CRIMINAL CODE               [CAP. 9.            27
sentence was passed.
(2) Nothing in this article shall affect the right of appeal of any
person against conviction or sentence provided for in this Code  but
no appeal shall be permitted on any of the following matters: 
(a) the length of the operational period fixed under article
28A(1);
(b) any variation of the operational period made under
article 28B(2)( b);
(c) any direction entered under article 28H for the making
of restitution or the payment of compensation, thelength of the time-limit fixed for the making of suchrestitution or the payment of such compensation undersub-article (2) of that article, or the determination ofthe amount of compensation payable under sub-article(3) of that article.
Procedure in 
default of payment of fine (ammenda  or 
multa ). 
Amended by: 
IV .1856.2; II.1886.5; XVI.1888.5; XII.1914.6; XXII.1934.5;I.1939.2;
III.2002 .15.29. (1) Any person sentenced to the payment of a fine
(ammenda  or multa ) and who is granted the benefit of time by order
of the court according to the provisions of article 14(2), and who
does not pay such fine in accordance with the conditions laid d own
in the same order, shall be liable to be arrested and brought b efore
the court; and the court, upon ascertaining the identity of the  person
sentenced and that payment has not been paid according to theconditions of the order, shall commit such person to undergo th e
detention or imprisonment prescribed in substitution for the fi ne
(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 pres cribed
for payment under article 14:
Provided that no plea in favour of the person sentenced
shall be admissible by reason of the fact that the issue of suc h
warrant was, for any reason whatsoever, delayed beyond the saidperiod 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 du ring
the course of such period and commit the person sentenced toundergo the punishment prescribed in substitution for the fine(ammenda  or multa ).
(4) A person sentenced may at any time obtain his release from
the substituted punishment by paying the fine ( ammenda  or multa )
with the deduction of such amount thereof as corresponds to theportion of the punishment undergone at the rates laid down inarticles 11 and 13 respectively, and also at similar rates may obtain
his release from any unexpired period of detention or imprisonm ent
awarded to him under the provisions of sub-article (1).
  
28              CAP. 9.]                       CRIMINAL CODE  
Disqualification
s in case of convictions. 
Added by: 
XXIV .1938.2. Substituted by: V .1956.6.
Amended by:
III.2002 .16.30. (1) Without prejudice to the provisions of any other law
imposing or authorising the suspension or cancellation of, ordisqualification from holding or obtaining, any warrant, licenc e,
permit or other authority held from the Government or any otherpublic authority, where any person is convicted, whether as aprincipal or an accomplice, of a criminal offence which has bee n
committed - 
(a) in or in connection with the exercise of any profession,
art, trade, calling or other occupation for which awarrant, licence, permit or authority has been or maybe issued to him by the Government or any otherpublic 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 orauthority has been or may be issued to him,
the court may, in addition to sentencing the person convicted a s
aforesaid to any punishment provided by law for the offence, or der
such person to be disqualified from holding or obtaining, for s uch
time as the court deems fit, such warrant, licence, permit orauthority.
(2) Where, by virtue of a conviction under this Code or any
other law, any person has a warrant, licence, permit or authori ty
suspended, or is disqualified from holding or obtaining anywarrant, licence, permit or authority, the court may, on theapplication of such person, as it thinks expedient, having rega rd to
his character, to his conduct subsequent to the conviction, to the
nature of the offence and to any other circumstances of the cas e,
and after hearing the Police in the case of an application befo re the
Court of Magistrates or the Attorney General in the case of anapplication before any other court, either remove the suspensio n or
disqualification as from such date as it may specify or refuse the
application:
Provided that, where an application under this sub-article
is refused, a further application thereunder shall not be enter tained
if made within three months after the date of the refusal.
Sub-title III
OF THE ASCENT AND DESCENT FROM ONE PUNISHMENT TO 
ANOTHER
                         CRIMINAL CODE               [CAP. 9.            29
Scale of 
punishments. 
Amended by: 
IV .1856.3,4,5; V .1868.2, 3; VI.1871.3; II.1886.6; XVI.1888.6; XI.1900.9; IX.1911.6; XXI.1971.6; 
XLIX.1981 .4; 
XVI.1996 .6;
XXIV .2014 .7. 31. (1) The ascent or descent from one degree of punishment
to another shall be as follows:
(a) subject to any special provision contained in this
Code, from the punishment of imprisonment for lifethe descent shall be in accordance with the scale ofpunishments of imprisonment as specified inparagraph ( b);
(b) subject to any special provision contained in this
Code, the following shall be the scale of punishmentsof imprisonment: 
(i) from ten years to forty years;
(ii) from eight years to thirty years, 
(iii) from seven to twenty years, (iv) from six to twelve years,
(v) from five to nine years,
(vi) from four to six years, 
(vii) from three to five years, 
(viii) from two to four years,
(ix) from eighteen months to three years, 
(x) from thirteen months to two years,
(xi) from nine to eighteen months,
(xii) from seven months to one year, 
(xiii) from five to nine months,(xiv) from two to six months, 
(xv) from one to three months;
(c) the descent from the fifteenth degree shall be to
imprisonment for a term not exceeding twenty days, orto detention or to a fine ( ammenda );
(d) in the ascent from one degree to another, the order
shall be inverted, commencing from the fifteenthdegree;
(e) in default of an express provision to the contrary, the
ascent from the first degree shall be made by adding tothe punishment of imprisonment the punishment ofsolitary confinement for not more than twelve terms,or by adding other aggravations of punishmentestablished by the prison regulations;
(f) the ascent from the punishment of a fine ( multa ) shall
be to imprisonment for a term not exceeding threemonths, and the descent shall be to the punishmentsestablished for contraventions;
(g) the ascent from the punishments established for
contraventions shall be to the punishment of a fine(multa ) or imprisonment for a term not exceeding three
months.
(2) The law establishing in general terms a descent from one
punishment to another, shall not be deemed to include cases of
  
30              CAP. 9.]                       CRIMINAL CODE  
contraventions or of crimes liable to the punishments for
contraventions.
Gradation in the 
scale of punishments. 
Amended by: 
XI.1900.9.32. (1) Where the punishment includes a latitude of more
degrees, the ascent or descent shall be made by raising or lowe ring
the maximum and the minimum to the nearest degree respectively.
(2) When the punishment of solitary confinement is added to
another punishment, the ascent or descent shall be reckoned onsuch other punishment:
Provided that in cases of descent, the court may restrict the
punishment of solitary confinement to any smaller number of ter ms
or omit such punishment altogether.
TITLE II
OF THE WILL AND AGE OF THE OFFENDER
Defect of will. 
Amended by: 
XI.1900.10; V .1956.7; XVIII.1976.52.33. Every person is exempt from criminal responsibility if at
the time of the act or omission complained of, such person -
(a) was in a state of insanity; or
(b) was constrained thereto by an external force which he
could not resist.
Increase in 
punishment for offences committed by prisoners in prison.
Added by:
XIII.2005 .3.
Cap. 446.Cap. 260.33A. (1) Where an offence is committed by a person who is a
prisoner the punishment for the offence shall in case of aconviction be increased by one or two degrees and the provision s of
articles 21 and 21  of the 
Probation Act shall not apply.
(2) For the purposes of this article ''prisoner'' has the same
meaning assigned to it by article 2 of the Prisons Act and includes a
prisoner deemed to be confined in a prison according to theprovisions of article 3(3) of the same Act.
Intoxication. 
Added by:
XIII.1935.2. 
Amended by:
V .1956.8.34. (1) Save as provided in this article, intoxication shall not
constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if -
(a) by reason thereof the person charged at the time of the
act or omission complained of was incapable ofunderstanding or volition and the state of intoxicationwas caused without his consent by the malicious ornegligent act of another person; or
 (b) the person charged was by reason of the intoxication
insane, temporarily or otherwise, at the time of suchact or omission.
(3) Where the defence under sub-article (2) is established, then ,
in a case falling under paragraph ( a) thereof, the person charged
shall be discharged, and, in a case falling under paragraph ( b), the
provisions of articles 620 to 623 and 625 to 628 shall apply.
(4) Intoxication shall be taken into account for the purpose of
                         CRIMINAL CODE               [CAP. 9.            31
determining whether the person charged had formed any intention
specific or otherwise, in the absence of which he would not beguilty of the offence.
(5) For the purposes of this article "intoxication" shall be
deemed to include a state produced by narcotics or drugs.
Minors under 
fourteen years of age.
Amended by: 
III.1899.10; XI.1900.11; XII.1913.1. Substituted by: V .1956.9. 
Amended by: 
XVIII.1980 .15; 
XIII.1983 .5; 
XXIX.1990 .4;
L.N. 407 of 
2007 .
Substituted by:
III.2014 .2.
Cap. 285.35. (1) Without prejudice to the powers of the Minister under the
Children and Young Persons (Care Orders) Act and any other lawwhich from time to time provides for measures of protection, he lp,
care and education of minor persons who would have beenidentified  as  persons  who  have  committed  crimes  orcontraventions, a minor under fourteen years of age shall be ex empt
from criminal responsibility for any act or omission.
Powers of the 
court.(2) Nevertheless, in a case referred to in sub-article (1), the
court may, on the application of the Police, require the parent  or
other person charged with the upbringing of the minor to appearbefore it, and, if the fact alleged to have been committed by t he
minor is proved and is contemplated by the law as an offence, t he
court may bind over the parent or other person to watch over th e
conduct of the minor under penalty for non-compliance of a sum of
not less than one hundred euro (€100) and not exceeding twothousand euro (2,000), regard being had to the means of the per son
bound over and to the gravity of the fact.
(3) If the fact committed by the minor is contemplated by the
law as an offence punishable with a fine ( ammenda ), the court may,
in lieu of applying the provisions of sub-article (2), award th e
punishment against the parent or other person charged with theupbringing of the minor, if the fact could have been avoided by  his
diligence.
(4) For the purpose of the application of the provisions of the
preceding sub-articles of this article, the parent or other per son
charged with the upbringing of the minor as aforesaid, shall berequired to appear, by summons, in accordance with the provisio ns
contained in Book Second of this Code.
  
32              CAP. 9.]                       CRIMINAL CODE  
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 .17.36. (Repealed by Act III.2014 .3.).
Minors under 
sixteen years of age acting 
without 
mischievous discretion.
Added by: 
XI.1900.12. 
Amended by: 
XII.1913.2. Substituted by: V .1956.11. 
Amended by: 
XVIII.1980 .15.
Substituted by:
III.2014 .4.37.(1) The minor under sixteen years of age shall also be
exempt from criminal responsibility for any act or omission don e
without any mischievous discretion.
(2) In the case where the act or omission is committed by a
minor who is aged between fourteen to sixteen years of age withmischievous discretion and in the case where the minor is aged
between sixteen and eighteen years, the applicable penalty shal l be
decreased by one or two degrees.
Definition of 
"Approved Institution". 
Amended by: 
XII.1913.3. Substituted by: V .1956.12. 
Amended by: 
L.N. 4 of 1963; XXXI.1966.2. 38. Repealed by: XVIII.1980 .15.
Rules 
concerning deaf-mutes. 
Added by: 
III.1899.13. 
Amended by: 
XI.1900.13.39. (Repealed by Act III.2014 .5.). 
Other rules 
concerning deaf- mutes. 
Added by: 
III.1899.13.  
Amended by: 
XI.1900.13; XXI.1971.7; 
XLIX.1981 .4.40. The following rules shall be observed in the case of deaf-
mutes who have acted with a mischievous discretion:
(a) if at the time of the offence they have attained the age
of fourteen but not the age of eighteen years, theprovisions 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 toimprisonment for a term not exceeding twentyyears;
(ii) in the case of any other crime, they shall be
liable to the punishment established by law
                         CRIMINAL CODE               [CAP. 9.            33
diminished by one-third;
(iii) in the case of contraventions, they shall be liable
to the punishments established forcontraventions.
TITLE III
OF ATTEMPTED OFFENCE
Attempted 
crime.41. (1) Whosoever with intent to commit a crime shall have
manifested such intent by overt acts which are followed by acommencement of the execution of the crime, shall, save asotherwise expressly provided, be liable on conviction -
(a) if the crime was not completed in consequence of
some accidental cause independent of the will of theoffender, to the punishment established for thecompleted crime with a decrease of one or twodegrees;
(b) if the crime was not completed in consequence of the
voluntary determination of the offender not tocomplete the crime, to the punishment established forthe acts committed, if such acts constitute a crimeaccording 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
Complicity in 
crime.  
Amended by: 
VIII.1909.4 .42. A person shall be deemed to be an accomplice in a crime
if he -
(a) commands another to commit the crime; or
(b) instigates the commission of the crime by means of
bribes, promises, threats, machinations, or culpabledevices, or by abuse of authority or power, or givesinstructions 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 areto 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 inthe acts by means of which the crime is prepared orcompleted; or
(e) incites or strengthens the determination of another to
commit the crime, or promises to give assistance, aidor reward after the fact.
  
34              CAP. 9.]                       CRIMINAL CODE  
Punishment for 
complicity.43. Unless otherwise provided by law, an accomplice in a
crime shall be liable to the punishment established for theprincipal.
Personal 
circumstances not communicable.44. Where two or more persons take part in the commission of
a crime, the circumstances which refer solely to the person of any
one of them individually, whether he be a principal or anaccomplice, and which may exclude, aggravate, or mitigate thepunishment in regard to him, shall not operate either in favour  of,
or against the other persons concerned in the same crime.
Real 
circumstances when communicable.45. Where two or more persons take part in the commission of a
crime, any act committed by any o f such persons, whether he be a
principal or an accomplice, which may aggravate the crime, shal l
only be imputable - 
(a) to the person who commits the act;
(b) to the person with whose previous knowledge the act is
committed; and
(c) to the person who, being aware of the act at the
moment of its commission, and having the power toprevent it, does not do so.
Accomplice 
liable to punishment independently of the principal.46. Where the actual commission of a crime is established, an
accomplice shall be liable to be punished, independently of theprincipal, notwithstanding that such principal shall die or esc ape or
be pardoned or otherwise delivered before conviction, ornotwithstanding that the principal is not known.
Constraint to 
commit offence, etc. 
Added by: 
V .1956.13.47. Any person who - 
(a) constrains another person by an external force which
such other person could not resist, to commit anoffence; or
(b) participates by any of the acts specified in article 42 in
an offence committed by any other person who isaccording to law exempt from criminal responsibility,
shall himself be guilty of that offence as a principal offender .
Complicity in 
contraventions.48. The provisions contained in this Title shall also apply to
contraventions.
Added by:
III.2002 .18.TITLE IV BIS
OF CONSPIRACY
Conspiracy.
Added by:
III.2002 .18.
Amended by:
XI.2018 .2548A. (1) Whosoever in Malta conspires with one or more
persons in Malta or outside Malta for the purpose of committingany crime in Malta liable to the punishment of imprisonment sha ll
be guilty of the offence of conspiracy to commit that offence.
(2) The conspiracy referred to in sub-article (1) shall subsist
from the moment in which any mode of action whatsoever isplanned or agreed upon between such persons.
                         CRIMINAL CODE               [CAP. 9.            35
(3) Any person found guilty of conspiracy under this article
shall be liable to the punishment for the completed offence obj ect
of the conspiracy with a decrease of two or three degrees.
(4) For the purposes of sub-article (3), in the determination of
the punishment for the completed offence object of the conspira cy
account shall be had of any circumstances aggravating that offe nce.
TITLE V
 OF RECIDIVISTS
Definition of 
recidivist.  
Amended by: 
IV .1856.8; XI.1900.14;
XXXI.2007 .6.
Substituted by:
XXIV .2014 .8.49. (1)  A person is deemed to be a recidivist if, after being
sentenced for any offence by a judgement, even when delivered b y
a foreign court, which has become res judicata, he commits anot her
offence.
(2) In any proceedings under or for the purposes of this article ,
a document, duly authenticated, which certifies that a person w as
convicted on a date specified in the document of an offence aga inst
the law of that State, or part of that State, shall be admissib le as
evidence of the fact and date of the conviction without any nee d for
further evidence.
(3) A document shall be deemed to be duly authenticated if one
of the following conditions applies:
(a) it purports to be signed by a judge, magistrate or
officer of the sentencing State; or
(b) it purports to be certified, whether by seal or
otherwise, by the Ministry, department or otherauthority responsible for justice or for foreign affairsof the sentencing State; or
(c) it purports to be authenticated by the oath, declaration
or affirmation of a witness.
(4) Any document which is to be sent in connection with
proceedings under this article may be transmitted by any securemeans capable of producing written records and under conditionspermitting the ascertainment of its authenticity.
(5) In this article, "oath" includes an affirmation or a
declaration; and nothing in this article shall be construed asprejudicing the admission in evidence of any document which isadmissible in evidence under any other provision of law.
  
36              CAP. 9.]                       CRIMINAL CODE  
Effect of 
previous conviction for crime. 
Amended by: 
XI.1900.14.50. Where a person sentenced for a crime shall, within ten
years from the date of the expiration or remission of thepunishment, if the term of such punishment be over five years, or
within five years, in all other cases, commit another crime, he  may
be sentenced to a punishment higher by one degree than thepunishment established for such other crime.
Solitary 
confinement in the case of relapsers serving a life sentence. 
Amended by: 
XI.1900.14.51. Where, however, a person, while undergoing a punishment
for life and restrictive of personal liberty, commits another c rime
subject to a lesser punishment, he shall be liable to one or mo re
terms of solitary confinement.
Exceptions. 
Amended by: 
XI.1900.14.52. For the purposes of the provisions contained in the
foregoing articles of this Title, any sentence in respect of an y crime
committed through imprudence or negligence, or throughunskilfulness in the exercise of any art or profession, or thro ugh
non-observance of regulations, shall not be taken into account in
awarding punishment for any other crime, and vice versa.
Effect of 
previous conviction for contravention. 
Amended by: 
XI.1900.14;IX.1911.7; 
XLIX.1981 .4.53. Where a person sentenced for a contravention shall, within
three months from the date of the expiration or remission of th e
punishment, commit another contravention, he may be sentenced t o
detention for a term not exceeding two months, or to a fine ( multa ),
or to imprisonment for a term not exceeding one month.
Effect of pardon 
in respect of recidivists. 
Amended by: 
XI.1900.14.54. A person sentenced shall continue to be considered as such
for the purpose of the provisions concerning recidivistsnotwithstanding any pardon commuting the punishment lawfullyawarded to him.
PART II
OF CRIMES AND PUNISHMENTS 
Title I
Substituted by:
XXIV .2014 .9.OF GENOCIDE, CRIMES AGAINST HUMANITY ,
 WAR CRIMES AND CRIMES OF AGGRESSION
General.
Added by:
XXIV .2002 .13.
Amended by:
XXIV .2014 .10.54A. (1) It is a crime for a person to commit genocide, a crime
against humanity, a war crime or a crime of aggression.
(2) In this Title -''the ICC Treaty'' means the Statute of the International Crimi nal
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;
                         CRIMINAL CODE               [CAP. 9.            37
''war crime'' means a war crime as defined in article 54D;
"crime of aggression" means a war crime as defined in article
54DA;
''Minister'' means the Minister responsible for Justice.(3) In interpreting and applying the provisions of this Title th e
court shall take into account the original text of the ICC Trea ty and
of any treaty and convention referred to in the ICC Treaty.
(4) In interpreting and applying the provisions of articles 54B,
54C, 54D and 54DA, hereinafter, in this Title, referred to as ' 'the
relevant articles'', the court shall take into account -
(a) any relevant Elements of Crimes adopted in
accordance with article 9 of the ICC Treaty, and
(b) until such time as Elements of Crimes are adopted
under that article, any relevant Elements of Crimescontained in the report of the Preparatory Commissionfor the International Criminal Court adopted on 30thJune, 2000.
(5) The Minister may set out in regulations the text of the
Elements of Crimes referred to in sub-article (2), as amended f rom
time to time.
(6) The relevant articles shall for the purposes of this Title b e
construed subject to and in accordance with any relevantreservation or declaration made by Malta when ratifying any tre aty
or agreement relevant to the interpretation of those articles.
(7) The Minister may by regulations set out the terms of any
reservation or declaration referred to in sub-article (5) and w here
any such reservation or declaration is withdrawn in whole or in  part
may revoke or amend any regulations as aforesaid which containthe 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 judgmen t or
decision of the ICC and may also take into account any otherrelevant international jurisprudence.
Genocide.
Added by:
XXIV .2002 .13.54B. (1) Genocide is committed where any of the following
acts is committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such -
(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 inwhole or in part;
(d) imposing measures intended to prevent births within
the group;
(e) forcibly transferring children of the group to another
group.
  
38              CAP. 9.]                       CRIMINAL CODE  
(2) Whosoever directly and publicly incites others to commit
genocide shall be guilty of a crime.
Crimes against 
humanity.
Added by:
XXIV .2002 .13.54C. (1) A crime against humanity is committed where any of
the following acts is committed as part of a widespread orsystematic attack directed against any civilian population, wit h
knowledge of the attack:
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation or forcible transfer of population;
(e) imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules ofinternational law;
(f) torture;
(g) rape, sexual slavery, enforced prostitution, forced
pregnancy, enforced sterilization, or any other form ofsexual violence of comparable gravity;
(h) persecution against any identifiable group or
collectivity on political, racial, national, ethnic,cultural, religious, gender as defined in sub-article (3),or other grounds that are universally recognized asimpermissible under international law, in connectionwith any act referred to in this sub-article or any crimeunder 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 injuryto body or to mental or physical health.
(2) For the purpose of sub-article (1) -
(a) ''attack directed against any civilian population'' means
a course of conduct involving the multiple commissionof acts referred to in sub-article (1) against anycivilian population, pursuant to or in furtherance of aState 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 thedestruction of part of a population;
(c) ''enslavement'' means the exercise of any or all of the
powers attaching to the right of ownership over aperson and includes the exercise of such power in thecourse of trafficking in persons, in particular womenand children;
(d) ''deportation or forcible transfer of population'' means
forced displacement of the persons concerned byexpulsion or other coercive acts from the area in which
                         CRIMINAL CODE               [CAP. 9.            39
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 aperson in the custody or under the control of theaccused; except that torture shall not include pain orsuffering arising only from, inherent in or incidentalto, lawful sanctions;
(f) ''forced pregnancy'' means the unlawful confinement
of a woman forcibly made pregnant, with the intent ofaffecting the ethnic composition of any population orcarrying out other grave violations of internationallaw. This definition shall not in any way be interpretedas affecting national laws relating to pregnancy;
(g) ''persecution'' means the intentional and severe
deprivation of fundamental rights contrary tointernational law by reason of the identity of the groupor collectivity;
(h) ''the crime of apartheid'' means inhumane acts of a
character similar to those referred to in sub-article (1),committed in the context of an institutionalized regimeof systematic oppression and domination by one racialgroup over any other racial group or groups andcommitted with the intention of maintaining thatregime;
(i) ''enforced disappearance of persons'' means the arrest,
detention or abduction of persons by, or with theauthorization, support or acquiescence of, a State or apolitical organization, followed by a refusal toacknowledge that deprivation of freedom or to giveinformation on the fate or whereabouts of thosepersons, with the intention of removing them from theprotection of the law for a prolonged period of time.
(3) For the purpose of this Title, it is understood that the ter m
''gender'' refers to the two sexes, male and female, within thecontext of society. The term ''gender'' does not indicate anymeaning different from the above.
War crimes.
Added by:
XXIV .2002 .13.
Amended by:
XXIV .2014 .11.54D. A war crime is committed where any of the following acts
is committed:
(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 ofthe 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
  
40              CAP. 9.]                       CRIMINAL CODE  
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 regulartrial;
(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 theestablished framework of international law, namely,any of the following acts:
(i) intentionally directing attacks against the
civilian population as such or against individualcivilians not taking direct part in hostilities;
(ii) intentionally directing attacks against civilian
objects, that is, objects which are not militaryobjectives;
(iii) intentionally directing attacks against personnel,
installations, material, units or vehicles involved
in a humanitarian assistance or peacekeepingmission in accordance with the Charter of theUnited Nations, as long as they are entitled tothe protection given to civilians or civilianobjects under the international law of armedconflict;
(iv) intentionally launching an attack in the
knowledge that such attack will cause incidentalloss of life or injury to civilians or damage tocivilian objects or widespread, long-term andsevere damage to the natural environment whichwould be clearly excessive in relation to theconcrete and direct overall military advantageanticipated;
(v) attacking or bombarding, by whatever means,
towns, villages, dwellings or buildings which areundefended and which are not militaryobjectives;
(vi) killing or wounding a combatant who, having
laid down his arms or having no longer means ofdefence, has surrendered at discretion;
(vii) making improper use of a flag of truce, of the
flag or of the military insignia and uniform ofthe enemy or of the United Nations, as well as ofthe distinctive emblems of the GenevaConventions, resulting in death or seriouspersonal injury;
(viii) the transfer, directly or indirectly, by the
                         CRIMINAL CODE               [CAP. 9.            41
Occupying Power of parts of its own civilian
population into the territory it occupies, or thedeportation or transfer of all or parts of thepopulation of the occupied territory within oroutside this territory;
(ix) intentionally directing attacks against buildings
dedicated to religion, education, art, science orcharitable purposes, historic monuments,hospitals and places where the sick and woundedare collected, provided they are not militaryobjectives;
(x) subjecting persons who are in the power of an
adverse party to physical mutilation or tomedical or scientific experiments of any kindwhich are neither justified by the medical, dentalor hospital treatment of the person concernednor carried out in his or her interest, and whichcause death to or seriously endanger the healthof 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 beimperatively demanded by the necessities ofwar;
(xiv) declaring abolished, suspended or inadmissible
in a court of law the rights and actions of thenationals of the hostile party;
(xv) compelling the nationals of the hostile party to
take part in the operations of war directedagainst their own country, even if they were inthe belligerent’s service before thecommencement 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 ordevices;
(xix) employing bullets which expand or flatten easily
in the human body, such as bullets with a hardenvelope which does not entirely cover the coreor 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 inarticle 54C(2)( f), enforced sterilization, or any
other form of sexual violence also constituting a
  
42              CAP. 9.]                       CRIMINAL CODE  
grave breach of the Geneva Conventions;
(xxiii) utilizing the presence of a civilian or other
protected person to render certain points, areasor military forces immune from militaryoperations;
(xxiv) intentionally directing attacks against buildings,
material, medical units and transport, andpersonnel using the distinctive emblems of theGeneva Conventions in conformity withinternational law;
(xxv) intentionally using starvation of civilians as a
method of warfare by depriving them of objectsindispensable to their survival, includingwilfully impeding relief supplies as provided forunder the Geneva Conventions;
(xxvi) conscripting or enlisting children under the age
of fifteen years into the national armed forces orusing 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 thefour Geneva Conventions of 12 August 1949, namely,any of the following acts committed against personstaking no active part in the hostilities, includingmembers of armed forces who have laid down theirarms 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 andtorture;
(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 judgementpronounced by a regularly constituted court,affording all judicial guarantees which aregenerally recognized as indispensable;
(d) paragraph ( c) applies to armed conflicts not of an
international character and thus does not apply tosituations of internal disturbances and tensions, suchas riots, isolated and sporadic acts of violence or otheracts of a similar nature;
(e) other serious violations of the laws and customs
applicable in armed conflicts not of an internationalcharacter, within the established framework ofinternational law, namely, any of the following acts:
(i) intentionally directing attacks against the
civilian population as such or against individualcivilians not taking direct part in hostilities;
(ii) intentionally directing attacks against buildings,
                         CRIMINAL CODE               [CAP. 9.            43
material, medical units and transport, and
personnel using the distinctive emblems of theGeneva Conventions in conformity withinternational law;
(iii) intentionally directing attacks against personnel,
installations, material, units or vehicles involved
in a humanitarian assistance or peacekeepingmission in accordance with the Charter of theUnited Nations, as long as they are entitled tothe protection given to civilians or civilianobjects under the international law of armedconflict;
(iv) intentionally directing attacks against buildings
dedicated to religion, education, art, science orcharitable purposes, historic monuments,hospitals and places where the sick and woundedare collected, provided they are not militaryobjectives;
(v) pillaging a town or place, even when taken by
assault;
(vi) committing rape, sexual slavery, enforced
prostitution, forced pregnancy, as defined inarticle 54C(2)( f), enforced sterilization, and any
other form of sexual violence also constituting aserious violation of article 3 common to the fourGeneva Conventions;
(vii) conscripting or enlisting children under the age
of fifteen years into armed forces or groups orusing 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 orimperative 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 physicalmutilation or to medical or scientificexperiments of any kind which are neitherjustified by the medical, dental or hospitaltreatment of the person concerned nor carriedout in his or her interest, and which cause deathto or seriously endanger the health of suchperson or persons;
(xii) destroying or seizing the property of an
adversary unless such destruction or seizure beimperatively demanded by the necessities of theconflict;
(xiii) employing poison or poisoned weapons;(xiv) employing asphyxiating, poisonous or other
  
44              CAP. 9.]                       CRIMINAL CODE  
gases, and all analogous liquids, materials or
devices;
(xv) employing bullets which expand or flatten easily
in the human body, such as bullets with a hardenvelope which does not entirely cover the coreor is pierced with incisions;
(f) paragraph ( e) applies to armed conflicts not of an
international character and thus does not apply tosituations of internal disturbances and tensions, suchas riots, isolated and sporadic acts of violence or otheracts of a similar nature. It applies to armed conflictsthat take place in the territory of a State when there isprotracted armed conflict between governmentalauthorities and organized armed groups or betweensuch groups.
Crime of 
aggression.
Added by:
XXIV .2014 .12.54DA.  (1) A crime of aggression means the planning,
preparation, initiation or execution, by a person in a positioneffectively to exercise control over or to direct the political  or
military action of a State, of an act of aggression which, by i ts
character, gravity and scale, constitutes a manifest violation of the
Charter of the United Nations.
(2) For the purposes of this article an "act of aggression" mean s
the use of armed force by a State against the sovereignty, terr itorial
integrity or political independence of another State, or in any  other
manner inconsistent with the Charter of the United Nations.
(3) Any of the following acts, regardless of a declaration of
war, shall, in accordance with UN General Assembly Resolution3314(XXIX) of 14 December 1974, qualify as an act of aggression :
(a) the invasion or attack by the armed forces of a State of
the territory of another State, or any militaryoccupation, however temporary, resulting from suchinvasion or attack, or any annexation by the use offorce of the territory of another State or part thereof;
(b) bombardment by the armed forces of a State against
the territory of another State or the use of any weaponsby a State against the territory of another State;
(c) the blockade of the ports or coasts of a State by the
armed forces of another State;
(d) an attack by the armed forces of a State on the land,
sea or air forces, or marine and air fleets of anotherState;
(e) the use of armed forces of one State which are within
the territory of another State with the agreement of the
receiving State, in contravention of the conditionsprovided for in the agreement or any extension of their
presence in such territory beyond the termination ofthe agreement;
(f) the action of a State in allowing its territory, which it
has placed at the disposal of another State, to be used
                         CRIMINAL CODE               [CAP. 9.            45
by that other State for perpetrating an act of aggression
against a third State; and
(g) the sending by or on behalf of a State of armed bands,
groups, irregulars or mercenaries, which carry out actsof armed force against another State of such gravity asto amount to the acts listed above, or its substantialinvolvement therein.
Responsibility 
of commanders and other superiors.
Added by:
XXIV .2002 .13.54E. (1) This article applies in relation to offences under this
Part.
(2) A military commander, or a person effectively acting as a
military commander, is responsible for offences committed byforces under his effective command and control, or (as the casemay 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 werecommitting or about to commit such offences, and
(b) he failed to take all necessary and reasonable measures
within his power to prevent or repress theircommission or to submit the matter to the competentauthorities for investigation and prosecution.
(3) With respect to superior and subordinate relationships not
described in sub-article (2), a superior is responsible for off ences
committed by subordinates under his effective authority andcontrol, as a result of his failure to exercise control properl y over
such subordinates where -
(a) he either knew, or consciously disregarded information
which clearly indicated, that the subordinates werecommitting 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 theircommission or to submit the matter to the competentauthorities 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 s hall
take into account any relevant judgment or decision of the ICC and
account may also be taken of any other relevant internationaljurisprudence.
(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.
  
46              CAP. 9.]                       CRIMINAL CODE  
Mental element.
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.
(2) Unless otherwise provided by -
(a) the articles mentioned in the definition in article
54A(1) of the crimes specified in sub-article (1)( a) to
(c) of this article, or in any relevant Elements of
Crimes referred to in article 54A(3),
(b) article 54E,
a person is regarded as committing a crime referred to in sub-a rticle
(1) only if the material elements of the crime are committed wi th
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 willoccur in the ordinary course of events, and
(b) ''knowledge'' means awareness that a circumstance
exists or a consequence will occur in the ordinarycourse of events.
(4) In interpreting and applying the provisions of this article
(which corresponds to article 30 of the ICC Treaty) the court s hall
take into account any relevant judgment or decision of the ICC and
may also take into account any other relevant internationaljurisprudence.
Jurisdiction.
Added by:
XXIV .2002 .13;
VIII.2015 .4.54G. (1) Without prejudice to the provisions of article 5, a
criminal action for an offence under this Title may also beprosecuted in Malta -
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 anyoffence under this Title even if the offence is to becommitted outside Malta.
(2) For the purposes of this article, the phrase "permanent
resident" shall have the same meaning assigned to it by article5(1)( d).
                         CRIMINAL CODE               [CAP. 9.            47
Protection of 
victims and witnesses.
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 a pply
mutatis mutandis to any victim or witness of an offence under this
Title.
Supplementary 
provisions for offences under this Title.
Added by:
XXIV .2002 .13.54I. (1) The following provisions apply in relation to offences
under this Title.
(2) Proceedings for an offence shall not be instituted except by
or with the consent of the Attorney General.
(3) A person convicted of an offence involving murder shall be
dealt with as for an offence consisting in the killing of a per son in
such circumstances as would, if committed in Malta, constitutewilful 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 thi s
Code do not apply.
Title I Bis
OF CRIMES AGAINST THE SAFETY OF THE GOVERNMENT
Attempts against 
the President of Malta. 
Amended by: 
XXI.1971.8. Substituted by: XXVII.1975.3. 
Amended by: 
XLIX.1981 .4.55. Whosoever shall take away the life or the liberty of the
President of Malta, or shall endanger his life by bodily harm, shall,
on conviction, be liable to the punishment of imprisonment for life.
Incitement to 
take away the life and liberty of the President of Malta or of any Minister
Added by:
XI.2018. 25.55A.  Whosoever by any means shall incite others to take away the
life or liberty of the President of Malta or of any Minister sh all, for the
mere incitement, be liable on conviction to imprisonment for a term
not exceeding nine years or to a fine ( multa ) not exceeding five
thousand euro (€5,000) or to both such fine and imprisonment.
Insurrection or 
coup d’état. Substituted by: XXI.1971.9. 
Amended by: 
XXVII.1975.4; 
XLIX.1981 .4.56. (1) Whosoever shall subvert or attempt to subvert the
Government of Malta by committing any of the acts hereundermentioned, shall, on conviction, be liable to the punishment ofimprisonment for life:
(a) taking up arms against the Government of Malta for
the purpose of subverting it;
(b) bearing arms in the service of any foreign Power
against the Republic of Malta;
(c) aiding the enemies of the Republic of Malta in any
other manner whatsoever against the said Republic; 
(d) usurping or unlawfully assuming any of the executive
powers of the Government of Malta, for the purpose ofsubverting it;
  
48              CAP. 9.]                       CRIMINAL CODE  
(e) taking up arms for the purpose of compelling the
Government of Malta to change its measures orcounsels, or of obstructing the exercise of its lawfulauthority.
Extenuating 
circumstances.(2) The punishment, however, shall be diminished by one or
two degrees, where the crime is not carried into effect, inconsequence of the voluntary determination of the offender not to
complete the crime.
Conspiracy 
against the State.
Amended by: 
V .1868.4; 
XLIX.1981 .4.57. (1) Whosoever shall take part in a conspiracy having for
its object any of the crimes referred to in the last preceding two
articles, shall, on conviction, be liable to imprisonment for a  term
from three to six years.
Aggravating 
circumstance.(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 nin e
years.
Commencement 
of conspiracy.58. A conspiracy shall subsist from the moment in which any
mode of action whatsoever is planned or agreed upon between twoor more persons.
Provocation to 
perpetrate crimes against the safety of the Government.59. (1) Whosoever, by any speech delivered in any public
place or at any public meeting, shall directly provoke theperpetration of any of the crimes referred to in this Title, sh all, on
conviction, be liable to the punishment for the crime provoked by
him, diminished by one degree.
(2) If the provocation shall produce no effect, the punishment
shall be decreased from one to three degrees.
Exemption from 
punishment.60. In the crimes referred to in the preceding articles of this
Title, any of the offenders who shall, before the commission of  the
crime or before any attempt to commit the crime, and prior to t he
commencement of any proceedings, give information thereof to th e
Government or to the authorities of the Government, shall beexempted 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
conviction, to imprisonment for a term from nine to eighteen
months.
Exemptions.
Amended by:
XXIII.2017 .3.62. The provisions of the last preceding article shall not apply
to the spouse, the ascendants or descendants, the brother or si ster,
parents of either spouse, spouses of either child, the uncle or  aunt, the
nephew or niece, and the brother-in-law or sister-in-law of aprincipal or an accomplice in the crime so not disclosed.
TITLE II
                         CRIMINAL CODE               [CAP. 9.            49
OF CRIMES AGAINST THE PUBLIC PEACE
When offence is 
deemed to be accompanied with public violence. 
Amended by: 
IX.1859.2.63. Any offence committed by three or more persons
assembled with intent to commit an offence, and two of whomcarry arms proper, shall be deemed to be accompanied with publi c
violence.
Definition of 
"arms proper" and "arms improper". 
Amended by:
XI.1900.15.64. (1) Arms proper are all fire-arms and all other weapons,
instruments and utensils which are mainly intended for defensiv e or
offensive purposes.
(2) All other weapons, instruments or utensils are not
considered as arms, except when they are actually made use of f or
any offensive or defensive purpose, in which case they are call ed
arms improper.
Punishment for 
offences accompanied with public violence. 
Amended by: 
IX.1859.3.65. (1) The punishment for an offence accompanied with
public violence, shall be higher by one degree than the punishm ent
provided for the same offence when not accompanied with publicviolence.
(2) In no case shall the punishment be less than that provided i n
article 66.
Assembly under 
arms.  
Amended by: 
IX.1859.4.66. The persons assembled as provided in article 63 shall, for
the mere fact of having so assembled, be liable to imprisonment  for
a term from one to three months.
Conspiracy. 67. Any crime committed by any of the persons mentioned in
article 63, shall, for the purposes of punishment, be considere d as
being accompanied with public violence if in the commission of the
crime such persons shall have acted in pursuance of a commondesign.
Unlawful 
assembly. 
Amended by: 
IX.1859.5;VIII.1909.5.68. (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 inciteme nt, be
liable, on conviction, to imprisonment for a term from one to t hree
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, althoughthe said assembly may not have been incited by any one inparticular, shall, on conviction, be liable to imprisonment for  a term
from three days to three months or to a fine ( multa ).
(3) Where the offence which such assembly of persons
intended to commit is committed, then, if the punishmentestablished for the offence is less than the punishments afores aid,
these punishments shall be applied with an increase of one degr ee;
if, however, the punishment established for the offence is grea ter
than, or equal to, the punishments aforesaid, then that punishm ent
shall be applied with an increase of one degree.
  
50              CAP. 9.]                       CRIMINAL CODE  
Instigation to 
commit an offence.  
Amended by: 
XLIX.1981 .4.69. Whosoever shall publicly instigate any other person to
commit an offence, shall, for the mere fact of the instigation,  be
liable, on conviction, to - 
(a) imprisonment for a term from two to five years, in the
case of a crime liable to a punishment higher than thepunishment 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 ofimprisonment for a term not exceeding three years; or
(c) a fine ( multa ) or detention, in the case of any other
offence.
Incitement to 
disobey the law.70. Whosoever shall publicly incite any other person to
disobey the law, shall, on conviction, be liable to imprisonmen t for
a term not exceeding three months or to a fine ( multa ), or, in minor
cases, to detention or to a fine ( ammenda ).
Unlawful 
endeavour to compel Government to alter measures or counsels. 
Amended by: 
XXI.1971.10; XXVII.1975.5.71. Whosoever shall, by any unlawful means not amounting to
the crime referred to in article 56, endeavour to compel thePresident of Malta or the Government of Malta, to change his ortheir measures or counsels, shall, on conviction, be liable toimprisonment for a term from six months to two years.
Contempt of the 
President.  
Amended by: 
XXVII.1975.6.72. Deleted by XI.2018 .25.
Unlawful 
assembly with seditious violent intent.
Amended by: 
XXI.1971.11; XXVII.1975.7; 
XLIX.1981 .4;
XI.2018 .25.73. If three or more persons shall unlawfully assemble, or
being unlawfully assembled, shall continue so together, with in tent,
by public speeches, exhibition of flags, inscriptions, or other  means
or devices whatsoever, to excite other persons to attempt to al ter
any matter established by law, by violent means, every person s o
offending shall, on conviction, be liable to imprisonment for a  term
from six to eighteen months.
Seditious 
conspiracy. 
Amended by: 
XXVII.1975.8; 
XLIX.1981 .4;
XI.2018 .25.74. If two or more persons shall conspire to incite other
persons to attempt the alteration of any matter established by law,
by violent means, every person so offending shall, on conviction, be
liable to imprisonment for a term from six to eighteen months.
False imputation 
of misconduct in the administration of the Government. 
Amended by: 
XXVII.1975.9.75. Deleted by XI.2018 .25.
Administering 
unlawful oath. 76. (1) Whosoever shall administer, or cause to be
administered or taken, any oath or engagement intended to bind the
person taking the same to engage in any mutinous or seditiouspurpose, or to disturb the public peace, or to be of any associ ation,
society or confederacy formed for any such purpose, shall, onconviction, be liable to imprisonment for a term from seven mon ths
                         CRIMINAL CODE               [CAP. 9.            51
to two years.
(2) The punishment established in sub-article (1) shall also
apply, where the oath or engagement is intended to bind the per son
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 otherperson 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 illegalact done, attempted, or intended to be done by suchperson or any other.
Person taking 
unlawful oath. 
Amended by: 
IX.1982 .2.77. The punishment established in the last preceding article
shall apply to any person who shall take any such oath orengagement as provided in that article, unless he shall have be en
compelled thereto:
Provided that compulsion shall not justify or excuse any
person taking such oath or engagement, unless he shall, within four
days after such compulsion shall cease, report the fact to the public
authorities.
Inciting to 
sedition or to mutiny. 
Amended by: 
XXVII.1975.10; 
XLIX.1981 .4.78. Whosoever shall endeavour to seduce any person serving
in the Armed Forces of Malta from his duty and allegiance to th e
Republic of Malta, or to incite or stir up any such person to c ommit
any act of mutiny, or to make or endeavour to make any mutinousassembly, or to commit any traitorous or mutinous practicewhatsoever, shall, on conviction, be liable to imprisonment for  a
term from nine months to three years.
Tumultuous 
assembly. 
Amended by: 
XXVII.1975.10; 
XLIX.1981 .4.79. (1) If three or more persons shall assemble or shall
continue together, for any purpose whatsoever, in such manner a nd
under such circumstances of violence, threats, tumults, numbers ,
display of arms or otherwise, as are calculated to create terro r and
alarm among persons in Malta, every such assembly shall bedeemed unlawful, and every person forming part of such assemblyshall, on conviction, be liable to imprisonment for a term from  four
to twelve months.
Aggravating 
circumstance.(2) Where the unlawful assembly shall proceed, either wholly
or in part, to execute their common design, or shall attempt so  to
do, any person so assembling shall, on conviction, be liable toimprisonment for a term from six to eighteen months.
Disobedience of 
order for dispersal.80. If twelve or more persons being unlawfully assembled
together to the disturbance of the public peace, and being form ally
warned or required by any competent authority to dispersethemselves and peaceably to depart to their habitations or to t heir
lawful business, shall, to the number of twelve or more, unlawf ully
remain or continue together for the space of one hour after suc h
public warning shall have been given, every such offender shall , on
conviction, be liable to imprisonment for a term from nine mont hs
to three years.
  
52              CAP. 9.]                       CRIMINAL CODE  
Assembly when 
not unlawful. 
Amended by: 
XXVII.1975.12.81. There shall not be deemed to be an unlawful assembly
under the provisions of the preceding articles, where three or more
persons shall assemble for the common purpose of assisting in t he
defence of the possession of the dwelling-house or other proper ty
of any one of them or in the defence of the person of any one o f
them although they may execute or endeavour to execute suchpurpose, or otherwise conduct themselves violently andtumultuously, or in such manner and under such circumstances asare calculated to create terror and alarm among persons in Malt a.
Spreading of 
false news. 
Added by: 
VI.1933.2.
Amended by:
XI.2018 .25.82. Whosoever shall maliciously spread false news which is
likely to alarm public opinion or disturb public good order or the
public peace or to create a commotion among the public or amongcertain classes of the public, shall, on conviction, be liable to
imprisonment for a term from one to three months:
Provided that if any disturbance ensues in consequence of the
offence, or if the offence has contributed to the occurrence of  any
disturbance, the offender shall be liable to imprisonment for a  term of
not less than one month but not exceeding six months and to a f ine
(multa ) not exceeding one thousand euro (€1,000) or both such fine
and imprisonment.
Incitement to 
racial hatred, etc.
Added by:
III.2002 .19.
Amended by:
XI.2009 .2;
VIII.2012 .2;
XXIV .2014 .13;
XXXVII.2016.2.82A. (1) Whosoever uses any threatening, abusive or insulting
words or behaviour, or displays any written or printed materialwhich is threatening, abusive or insulting, or otherwise conduc ts
himself in such a manner, with intent thereby to stir up violen ce or
racial or religious hatred against another person or group on t he
grounds of gender, gender identity, sexual orientation, race, c olour,
language, ethnic origin, religion or belief or political or oth er opinion
or whereby such violence or racial or religious hatred is likel y,
having regard to all the circumstances, to be stirred up shall,  on
conviction, be liable to imprisonment for a term from six toeighteen months.
(2) For the purposes of the foregoing sub-article "violence or r acial
or religious hatred" means violence or racial or religious hatred against
a person or against a group of persons in Malta defined by refe rence to
gender, gender identity, sexual orientation, race, colour, lang uage,
national or ethnic origin, citizenship, religion or belief or p olitical or
other opinion.
Condoning, 
denying or 
trivialising 
genocide, etc., against a group.
Added by:
XI.2009 .3.
Amended by:
XXIV .2014 .14.82B. Whosoever publicly condones, denies or grossly trivialises
genocide, crimes against humanity and war crimes directed again st
a group of persons or a member of such a group defined by
reference to race, colour, religion, citizenship, descent or na tional
or ethnic origin when the conduct is carried out in a manner -
(a) likely to incite to violence or hatred against such a
group or a member of such a group;
(b) likely to disturb public order or which is threatening,
abusive or insulting,
shall, on conviction, be liable to imprisonment for a term from
eight months to two years:
Provided that for the purposes of this article "genocide",
                         CRIMINAL CODE               [CAP. 9.            53
"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.
Amended by:
VIII.2012 .3;
XXIV .2014 .15.82C. (1) Whosoever publicly condones, denies or grossly
trivialises crimes against peace directed against a person or a  group
of persons defined by reference to gender, gender identity, sex ual
orientation, race, colour, language, national or ethnic origin,  citizenship,
religion or belief or political or other opinion when the condu ct is
carried out in a manner-
(a) likely to incite to violence or hatred against such a
person or group; or
(b) likely to disturb public order or which is threatening,
abusive or insulting, 
shall, on conviction, be liable to imprisonment for a term from
eight months to two years.
(2) For the purposes of this article a crime against peace means
conduct consisting of:
(a) the planning, preparation, initiation or waging of a war
of aggression, or a war in violation of internationaltreaties, agreements or assurances;
(b) participation in a common plan or conspiracy for the
accomplishment of any of the acts referred to inparagraph ( a).
Aiding, abetting 
or instigating offences under articles 82A to 82C.
Added by:
XI.2009 .3.82D. Whosoever aids, abets or instigates any offence under
articles 82A to 82C, both inclusive, shall be guilty of an offe nce
and shall be liable on conviction to the punishment laid down f or
the offence aided, abetted or instigated.
Applicability of 
articles 121D, 208B(5), 248E(4) and 328.
Added by:
XI.2009 .3.82E. (1) The provisions of articles 121D, 208B(5) and 248E(4)
shall apply mutatis mutandis  to an offence under articles 82A to
82D, both articles inclusive.
(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.
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 ;
XXIV .2014 .16.83. Any person who establishes, maintains on his own or with
other persons or belongs to any association of persons who areorganised and trained or organised and equipped for the purpose  of
enabling them to be employed for the use or display of physicalforce in promoting any political object shall be guilty of an o ffence
and liable, on conviction, to a fine ( multa ) not exceeding five
thousand euro (€5000) or to imprisonment for a term from ninemonths to five years, or to both such fine and imprisonment.
  
54              CAP. 9.]                       CRIMINAL CODE  
Promoting, etc., 
an organization of two or more persons with a view to commit criminal offences.
Added by:
III.2002 .20.
Amended by:
L.N. 407 of 
2007 ;
XXIV .2014 .17;
VIII.2015 .5.83A. (1) Any person who -
(a) promotes, constitutes, organises or finances an
organization with a view to commit criminal offencesliable to the punishment of imprisonment for a term offour years or more; or
(b)  knowing or having reasonable cause to suspect the
aim or general activity of the organization set up forthe purpose mentioned in paragraph ( a), actively takes
part in the organisation’s criminal activities, includingbut not limited to the provision of information ormaterial means or the recruitment of new members,
shall be guilty of an offence and shall liable, on conviction, to the
punishment of imprisonment for a term from four to nine years.
(2) Any person who belongs to an organisation referred to in
sub-article (1) shall for that mere fact be liable to the punis hment of
imprisonment for a term from two to seven years.
(3) Where the number of persons in the organisation is ten or
more the punishment in the preceding sub-articles shall beincreased 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 b ody
and the offence of which that person was found guilty wascommitted for the benefit, in part or in whole, of that bodycorporate, the said person shall for the purposes of this title  be
deemed to be vested with the legal representation of the same b ody
corporate which shall be liable as follows:
(a) where the offence of which the person was found
guilty is the offence in sub-article (1), to the payment
of a fine ( multa ) of not less than thirty-four thousand and
nine hundred and forty euro and sixty cents (34,940.60)and not more than one hundred and sixteen thousand andfour hundred and sixty-eight euro and sixty-seven cents(116,468.67);
(b) where the offence of which the person was found
guilty is the offence in sub-article (2), to the payment
of a fine ( multa ) of not less than twenty-three thousand
and two hundred and ninety-three euro and seventy-threecents (23,293.73) and not more than sixty-nine thousandand eight hundred and eighty-one euro and twenty cents(69,881.20);
(c) where the offence of which the person was found
guilty is punishable as provided in sub-article (3) ofthis article -
(i) where the offence is that provided in sub-article
(1), to the punishment of a fine ( multa ) of not less
than forty-six thousand and five hundred and
                         CRIMINAL CODE               [CAP. 9.            55
eighty-seven euro and forty-seven cents
(46,587.47) and not more than one million and onehundred and sixty-four thousand and six hundredand eighty-six euro and seventy cents(1,164,686.70);
(ii) where the offence is that provided in sub-article
(2), to the punishment of a fine ( multa ) of not less
than thirty-four thousand and nine hundred andforty euro and sixty cents (34,940.60) and not morethan one hundred and sixteen thousand and fourhundred 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 th e
organization of persons is based or pursues its criminal activi ties
outside Malta.
Amended by:
XXIV .2014 .18.GENERAL PROVISION APPLICABLE TO OFFENCES
 WHICH ARE RACIALLY AGGRA V ATED OR MOTIV ATED
BY XENOPHOBIA OR HOMOPHOBIA
General 
provision.
Added by:
XI.2009 .4.
Amended by:
VIII.2012 .4;
XXIV .2014 .19.83B. The punishment established for any offence shall be
increased by one to two degrees when the offence is aggravated or
motivated, wholly or in part by hatred against a person or a gr oup, on the
grounds of gender, gender identity, sexual orientation, race, c olour,
language, national or ethnic origin, citizenship, religion or b elief or
political or other opinion within the meaning of sub-articles ( 3) to (6),
both inclusive, of article 222A:
Provided that the provisions of this article shall not apply wh ere
an aggravation of punishment in respect of the motives mentione d in this
article is already provided for under this Code or any other la w.
Offences 
committed by a body corporate.
Added by:
XXIV .2014 .20.
Amended by:
VIII.2015 .6.83C.  Whenever an offence is committed for the benefit, in part or i n
whole, of a body corporate by a person who has the power ofrepresentation of the body corporate, authority to take decisio ns on
behalf of the body corporate, or authority to exercise control of the body
corporate, without prejudice to any other punishment to which t he body
corporate may be liable under any other provision of this Code or of any
other law, the said body corporate may be subject to:
(a) exclusion from entitlement to public benefits or aid;
(b) the suspension or cancellation of any licence, permit
or other authority to engage in any trade, business orother commercial activity;
(c) placing under judicial supervision;
(d) the compulsory winding up of the body corporate; or
(e) the temporary or permanent closure of any
establishment which may have been used for thecommission of the offence:
Provided that the provisions of this article shall not apply
  
56              CAP. 9.]                       CRIMINAL CODE  
where the punishment mentioned in this article is already provi ded
for under this Code or any other law.
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
Unlawful 
exercise of public functions.84. Whosoever shall assume any public function, whether civil
or military, without being entitled thereto, and shall perform any
act thereof, shall, on conviction, be liable to imprisonment fo r a
term from four months to one year.
§ OF THE UNLAWFUL ASSUMPTION BY PRIV ATE PERSONS OF 
POWERS BELONGING TO PUBLIC AUTHORITY
Arbitrary 
exercise of pretended rights.
Amended by:
XVI.2006 .2.
XIII.2018 .24;
XXVIII.2019. 35.85. (1) Whosoever, without intent to steal or to cause any
wrongful damage, but only in the exercise of a pretended right,shall, of his own authority, compel another person to pay a deb t, or
to fulfil any obligation whatsoever, or shall disturb the posse ssion
of anything enjoyed by another person, or demolish buildings, o r
divert or take possession of any water-course, or in any othermanner unlawfully interfere with the property of another person ,
shall, on conviction, be liable to imprisonment for a term from  one
to three months:
Provided that the court may, at its discretion, in lieu of the
above punishment, award a fine ( multa ):
Provided further that it shall be a defence for the person
accused of this offence to prove that such disturbance was done  as a
temporary measure imposed by actual necessity either in lawful self-
defence or in the lawful defence of another person:
Provided further that in cases of arbitrary or forced evictions
of an occupant from the property which he occupies as his prima ry
residence, including any unpermitted entry into the property, r emoval
of furniture, appliances or personal belongings from the proper ty, or
the suspension or interruption of water and electricity service s, in
whichever manner, including the installation of devices which e nable
the owner to suspend the direct supply of water and electricity services
                         CRIMINAL CODE               [CAP. 9.            57
to the property, the fine (multa ) shall not be less than one thousand
five hundred euro (€1,500) and not more than four thousand euro(€4,000).
(2) The provisions of article 377(5) shall apply in the case of
any conviction under sub-article (1) and when the conduct of th e
offender has resulted in a person being despoiled the Court sha ll
apply the provisions of that sub-article in order to ensure tha t the
person despoiled is fully revested in the position before he wa s
despoiled.
Illegal arrest, 
detention or confinement. 
Amended by: 
XLIX.1981 .4.86. Whosoever, without a lawful order from the competent
authorities, and saving the cases where the law authorizes priv ate
individuals to apprehend offenders, arrests, detains or confine s any
person against the will of the same, or provides a place for ca rrying
out such arrest, detention or confinement, shall, on conviction , be
liable to imprisonment for a term from seven months to two year s:
Provided that the court may, in minor cases, award
imprisonment for a term from one to three months or a fine ( multa ).
Aggravating 
circumstances.
Amended by:
XLIX.1981 .4;
IV.1994 .2;
XVII.1996 .19;
XX.2005 .10;
LII.2020. 2.87. (1) The punishment for the crime referred to in the last
preceding article, shall be imprisonment for a term from thirte en
months to three years in each of the following cases:
(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 awarrant falsely purporting to be issued by a publicauthority;
(c) if the individual arrested, detained or confined, is
subjected to any bodily harm, or is threatened withdeath;
(d) if the detention or confinement is continued by the
offender notwithstanding his knowledge that a writ orwarrant for the release or delivery of the persondetained or confined has been issued by the competentauthority;
(e) if the crime is committed with the object of extorting
money or effects, or of compelling any other person toagree to any transfer of property belonging to suchperson;
(f) if the crime is committed for the purpose of forcing
another person to do or to omit an act, which, ifvoluntarily 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 injuriousto 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 conti nue to
  
58              CAP. 9.]                       CRIMINAL CODE  
detain or confine the person arrested, detained or confined, wi th the
object of compelling a state, an international governmentalorganisation or person to do or to abstain from doing an act he  shall
be liable to the punishment of imprisonment from seven years to life.
Punishment for 
illegal arrest, etc., accompanied with bodily harm.  Amended 
by: 
XLIX.1981 .4.88. Where the bodily harm referred to in paragraph ( c) of the
last preceding article is liable to a punishment higher than th e
punishment of imprisonment for a term of two years, or iscommitted or accompanied with any kind of torture, thepunishment shall be imprisonment for a term from four to six ye ars.
Extenuating 
circumstance.89. The punishment for the illegal arrest, detention or
confinement of a person, without the concurrence of any of thecircumstances mentioned in article 87( b), (c), (d), (e), (f) and ( g),
and in the last preceding article, shall be imprisonment for a term
from seven months to one year, where the offender, before thecommencement of any proceedings at law, restores to liberty theperson arrested, detained or confined, within twenty-four hoursafter the arrest, detention or confinement, provided that durin g this
interval the offender has not attained the object for which suc h
person has been arrested, detained or confined.
Unlawful 
removal of persons to a foreign country or unlawful confinement therein.  
Amended by: 
XXVII.1975.13.90. Whosoever unlawfully and forcibly removes any person to
any other country, or wrongfully detains, arrests or confines a ny
citizen of Malta in any other country, shall, on conviction, be  liable
to the punishment laid down in article 87.
Sub-title II
OF OUTRAGE AND VIOLENCE AGAINST PUBLIC OFFICERS
Violence and 
threats against public officers.
Amended by:
V.2014 .2.91. Whosoever by violence or threats compels a public officer
to do or not to do any act appertaining to his office, shall, o n
conviction, be liable to imprisonment for a term from one to fi ve
years and to a fine ( multa ) of not less than four thousand euro
(4,000) and not more than ten thousand euro (10,000).
Definition of 
"public officer".92. The general expression "public officer", includes not only
the constituted authorities, civil and military, but also all s uch
persons as are lawfully appointed to administer any part of theexecutive power of the Government, or to perform any other publ ic
service imposed by law, whether it be judicial, administrative or
mixed.
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;
V.2014 .3.93. (1) Whosoever reviles or threatens a judge, or the
Attorney General, or a magistrate or a juror, while in the exer cise
of his functions or because of his having exercised his functio ns, or
with intent to intimidate or unlawfully influence him in the ex ercise
of his functions, shall, on conviction, be liable to imprisonme nt for
a term from nine to eighteen months and to a fine ( multa ) of not
less than five hundred euro (500) and not more than one thousan d
five hundred euro (1,500).
Aggravating 
circumstance.(2) If the object of the vilification is that of damaging or
diminishing the reputation of the person against whom it is
                         CRIMINAL CODE               [CAP. 9.            59
directed, the punishment shall be imprisonment for a term from
twelve months to two years and to a fine ( multa ) of not less than
seven hundred euro (700) and not more than two thousand and fiv e
hundred euro (2,500).
(3) Where the threat is of a crime, the punishment shall be
imprisonment for a term from eighteen months to three years and  to
a fine ( multa ) of not less than one thousand five hundred euro
(1,500) and not more than four thousand euro (4,000), and if th e
threat be made by means of any writing, whether anonymous orsigned in one’s own name or in a fictitious name, the punishmen t
shall be increased by one degree, and in either case, the offen der
may be required to enter into a recognizance as provided in art icles
383, 384 and 385, with or without surety, according tocircumstances.
(4) Where the offences referred to in this article are committed
against an officer of the Attorney General’s office, when actin g
under the direction of the Attorney General in anything in whic h
the Attorney General is to act in his own individual judgement or in
connection with his office, the offender shall be liable to the  same
punishment established in the preceding sub-articles.
Bodily harm 
caused to judge, 
Attorney 
General, magistrate or juror. 
Amended by: 
IX.1859.6; XI.1900.I7; 
XLIX.1981 .4;
V.2014 .4.94. (1) Whosoever shall cause a bodily harm to any of the
persons mentioned in the last preceding article, while in theexercise of his functions or because of his having exercised hi s
functions, or with intent to intimidate or unduly influence him  in
the exercise of his functions, shall, on conviction, be liable to
imprisonment for a term from four to seven years and to a fine(multa ) of not less than five thousand euro (5,000) and not more
than twenty five thousand euro (25,000).
(2) Where the bodily harm is of such a nature that, if caused to
any person other than those mentioned in the last preceding art icle,
it would render the offender liable to a higher punishment, suc h
higher punishment shall be awarded, with an increase of onedegree.
Vilification, 
threats or bodily harm against other public officers. 
Amended by: 
IV .1856.10; XI.1900.18, 19; 
XLIX.1981 .4;
V.2014 .5.95. Whosoever, in any other case not included in the last
preceding two articles, shall revile, or threaten, or cause a b odily
harm to any person lawfully charged with a public duty, while i n
the act of discharging his duty or because of his having discha rged
such duty, or with intent to intimidate or unduly influence him  in
the discharge of such duty, shall, on conviction, be liable to the
punishment established for the vilification, threat, or bodily harm,
when not accompanied with the circumstances mentioned in thisarticle, increased by two degrees and to a fine ( multa ) of not less than
eight hundred euro (800) and not more than five thousand euro(5,000).
Assault or 
resistance. 
Amended by: 
XLIX.1981 .4;
V.2014 .6.96. Whosoever shall assault or resist by violence or active
force not amounting to public violence, any person lawfullycharged with a public duty when in the execution of the law or of a
lawful order issued by a competent authority, shall, on convict ion,
be liable - 
(a) where the assault or resistance is committed by one or
  
60              CAP. 9.]                       CRIMINAL CODE  
two persons, to imprisonment for a term from six
months to two years and to a fine ( multa ) of not less
than four thousand euro (4,000) and not more than tenthousand euro (10,000);
(b) where the assault or resistance is committed by three
or more persons, to imprisonment for a term from nine
months to three years and to a fine ( multa ) of not less
than five thousand euro (5,000) and not more thanfifteen thousand euro (15,000).
Aggravating 
circumstance. 
Amended by: 
IX.1859.7; V .1956.14; 
XLIX.1981 .4;
V.2014 .7.97. If any of the offenders mentioned in the last preceding
article shall use any arm proper in the act of the assault orresistance, or shall have previously provided himself with any such
arm with the design of aiding such assault or resistance, and s hall,
on apprehension, be found in possession of any such arm, he sha ll
be liable to imprisonment for a term from one year to four years and
to a fine ( multa ) of not less than eight thousand euro (8,000) and not
more than twenty thousand euro (20,000).
Assault or 
resistance accompanied with public violence. 
Amended by: 
XLIX.1981 .4.98. Where any of the crimes referred to in article 96 be
accompanied with public violence, the punishment shall beimprisonment for a term from two to five years.
Exemption from 
punishment in case of desistance.99. No punishment shall be awarded for the mere act of the
assault or resistance mentioned in articles 96 and 98 against a ny
person who, although he shall have attempted to commence or sha ll
have actually commenced to act, shall, at the first warning giv en by
the person assaulted or to whom resistance is offered, or by an y
public authority, desist from the further commission of the cri me.
General 
provisions.
Added by:
V.2014 .8.99A. (1) The following provisions shall apply to the offences
under this sub-title.
(2) The provisions of article 21 shall not apply in respect of
any person convicted of an offence under this sub-title.
Cap. 12. (3) Any fine ( multa ) to which the person convicted has been
sentenced to pay may be recovered as a civil debt and the sente nce
of the Court shall constitute an executive title for all intent s and
purposes of the Code of Or ganization and Civil Procedure .
Sub-title III
Amended by: 
IV .1856.11.OF CALUMNIOUS ACCUSATIONS, OF  PERJURY AND OF  FALSE 
SWEARING
Interpretation.  
Added by: 
XXI.1971.13.Substituted by:
III.2002 .21.
Cap. 220.100. In this sub-title "criminal proceedings" includes the inquiry
referred to in Sub-title II of Title II of Part I of Book Secon d of this
Code and any proceedings under the Malta Armed Forces Act.
                         CRIMINAL CODE               [CAP. 9.            61
Calumnious 
accusations. 
Amended by: 
IX.1859.8; V .1956.15; 
XLIX.1981 .4.101.  (1) Whosoever, with intent to harm any person, shall
accuse such person before a competent authority with an offence  of
which he knows such person to be innocent, shall, for the mere fact
of having made the accusation, on conviction, be liable -
(a) to imprisonment for a term from thirteen to eighteen
months, if the false accusation be in respect of a crimeliable to a punishment higher than the punishment ofimprisonment 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 apunishment not higher than the punishment ofimprisonment for a term of two years, but not liable tothe punishments established for contraventions;
(c) to imprisonment for a term from three days to three
months, if the false accusation be in respect of anyother offence.
Aggravating 
circumstances.(2) Where the crime is committed with intent to extort money
or other effects, the punishment shall be increased by one degr ee.
Subornation or 
attempted subornation of witness, referee or interpreter.  
Amended by: 
XI.1900.20;
III.2002 .22;
XXXI.2007 .7.102.  Whosoever, in any civil or criminal proceedings, suborns
a witness, a referee, or an interpreter, to give false evidence  or to
make a false report or a false interpretation, shall, on convic tion, be
liable - 
(a) where the false evidence, report or interpretation has
been given or made, to the punishment to which aperson 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 samepunishment 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 inducefalse testimony, to the punishment mentioned inparagraph ( a) increased by one or two degrees.
Preparation or 
production of false documents.103. Whosoever, in any civil or criminal proceedings, shall
cause a false document to be prepared or shall knowingly produc e a
false document, shall be liable to the same punishment as the f orger
thereof.
Perjury in 
certain criminal trials. 
Amended by: 
VIII.1909.6; XXI.1971.12; 
XLIX.1981 .4;
XIV.1983 .2;
III.2002 .23;
XVI.2006 .3.104. (1) Whosoever shall give false evidence in any criminal
proceedings for a crime liable to a punishment higher than thepunishment of imprisonment for a term of two years, either agai nst
or in favour of the person charged or accused, shall, on convic tion,
be liable to imprisonment for a term from two to five years.
(2) Where, however, the person accused shall have been
sentenced to a punishment higher than that of imprisonment for a
term of five years, the witness who shall have given false evid ence
against such person in the trial, or of whose evidence use shal l have
been made against such person in the trial, shall be liable to such
higher punishment.
  
62              CAP. 9.]                       CRIMINAL CODE  
Perjury in other 
criminal trials. 
Amended by: 
IX.1859.9; 
XLIX.1981 .4;
III.2002 .24.105. Whosoever shall give false evidence in any criminal
proceedings for an offence not referred to in the last precedin g
article, either against or in favour of the person charged or a ccused,
shall, on conviction, be liable to imprisonment for a term from  nine
months to two years.
Perjury in civil 
proceedings. 
Amended by: 
XII.1914.7; 
XLIX.1981 .4;
III.2002 .25.106. (1) Whosoever shall give false evidence in civil matters,
shall, on conviction, be liable to imprisonment for a term fromseven months to two years.
(2) The provisions of sub-article (1) shall apply to any person
who, being a party to a civil action, shall make a false oath.
(3) Whosoever shall make a false affidavit, whether in Malta or
outside Malta, knowing that such affidavit is required or inten ded
for any civil proceedings in Malta, shall, on conviction, be li able to
the punishment mentioned in sub-article (1).
Perjury by 
referee or interpreter.107. (1) Any referee who, in any civil or criminal proceedings,
shall knowingly certify false facts, or maliciously give a fals e
opinion, shall, on conviction, be liable to the punishment to w hich a
false witness is liable under the preceding articles of this su b-title.
(2) The same punishment shall apply to any person who, when
acting as interpreter in any judicial proceedings and upon oath ,
shall knowingly make a false interpretation.
False swearing. 
Amended by: 
XI.1900.21,22; 
XLIX.1981 .4;
III.2002 .26.108.  (1)  Whosoever, in any other case not referred to in the
preceding articles of this sub-title, shall make a false oath b efore a
judge, magistrate or any other officer authorized by law toadminister 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 ajudgment 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.
Interdiction in 
sentences for calumnious accusations, perjury and false swearing.109. (1) The court shall, in passing sentence against the
offender for any crime referred to in this sub-title, expressly  award
the punishment of general interdiction, as well as interdiction  from
acting as witness, except in a court of law, or from acting as referee
in any case whatsoever.
(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 o ther
preceding articles of this sub-title.
Fabrication of 
false evidence. 
Amended by: 
IX.1911.9; 
XLIX.1981 .4.110. (1) Whosoever shall fraudulently cause any fact or
circumstance to exist, or to appear to exist, in order that suc h fact
or circumstance may afterwards be proved in evidence againstanother person, with intent to procure such other person to beunjustly charged with, or convicted of, any offence, shall, onconviction, be liable to the punishment established for a false
                         CRIMINAL CODE               [CAP. 9.            63
witness, in terms of the preceding articles of this sub-title.
Simulation of 
offence.(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 offenc e in
such a manner that criminal proceedings may be instituted for t he
ascertainment of such offence, shall, on conviction, be liable to
imprisonment for a term not exceeding one year.
Hindering 
person from giving necessary information or evidence. 
Amended by: 
VIII.1909.7; 
XLIX.1981 .4; 
XIII.1983 .5;
L.N. 407 of 
2007 .111. (1) Whosoever shall hinder any person from giving the
necessary information or evidence in any civil or criminalproceedings, or to or before any competent authority, shall, onconviction, be liable to imprisonment for a term from four mont hs
to one year or to a fine ( multa ).
Suppression, 
destruction or alteration of traces of crime.(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 thepunishment laid down in sub-article (1);
(b) in the case of any other offence, to imprisonment for a
term not exceeding three months or to detention or to afine ( ammenda ) of not less than two euro and thirty- three
cents (2.33).
Sub-title IV
OF ABUSE OF PUBLIC AUTHORITY 
§ OF UNLAWFUL  EXACTION, OF EXTORTION AND OF BRIBERY
Unlawful 
exaction.  
Amended by: 
XLIX.1981 .4.112.  Any officer or person employed in any public
administration, or any person employed by or under theGovernment, whether authorized or not to receive moneys oreffects, either by way of salary for his own services, or on ac count
of the Government, or of any public establishment, who shall,under colour of his office, exact that which is not allowed by law,
or more than is allowed by law, or before it is due according t o law,
shall, on conviction, be liable to imprisonment for a term fromthree months to one year.
Extortion.  
Amended by: 
XLIX.1981 .4.113.  Where the unlawful exaction referred to in the last
preceding article, is committed by means of threats or abuse ofauthority, it shall be deemed to be an extortion, and the offen der
shall, on conviction, be liable to imprisonment for a term from
  
64              CAP. 9.]                       CRIMINAL CODE  
thirteen months to three years.
Aggravating 
circumstances.114.  Where the crimes referred to in the last two preceding
articles are accompanied with circumstances which render suchcrimes liable also to other punishments, the higher punishmentshall be applied with an increase of one degree.
Bribery. 
Amended by:
XII.1914.8, 9; IV .1974.2; 
XLIX.1981 .4;
III.2002 .27;
III.2004 .70;
IV.2013 .2.115. (1) Any public officer or servant who, in connection with
his office or employment, requests, receives or accepts for him self
or for any other person, any reward or promise or offer of anyreward in money or other valuable consideration or of any otheradvantage to which he is not entitled, shall, on conviction, be  liable
to punishment as follows:
(a) where the object of the reward, promise or offer, be to
induce the officer or servant to do what he is in dutybound to do, the punishment shall be imprisonment fora 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, thepunishment shall, for the mere acceptance of thereward, promise or offer, be imprisonment for a termfrom 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 induty bound to do, the punishment shall beimprisonment for a term from one year to eight years.
(2) Notwithstanding any other provision of this Code or of any
other law, when the offence against the provisions of this arti cle is
committed by a person who, at the time when the offence wascommitted, held the office of Minister, Parliamentary Secretary ,
Member of the House of Representatives, Mayor or LocalCouncillor and the offence involved the abuse of such office, t he
provisions of Title VI of Part III of Book Second of this Code shall
not apply to the said person or to any accomplice.
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 pe rson
accused, the punishment shall be imprisonment for a term fromeighteen 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 sentence d.
(2) Where the punishment to which the defendant or person
accused is sentenced is higher than the punishment ofimprisonment for ten years, such higher punishment shall beapplied.
                         CRIMINAL CODE               [CAP. 9.            65
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;
IV.2013 .3.117.  Where the crime referred to in article 115( c) consists in
the release of a person charged with an offence, or in the disc harge
of a defendant or person accused, the punishment shall be asfollows:
(a) where the charge, complaint, or indictment be in
respect of a crime liable to a punishment higher thanthat of imprisonment for a term of two years, thepunishment shall be imprisonment for a term fromthree years to nine years;
(b) where it be in respect of an offence liable to a
punishment not higher than that of imprisonment for aterm of two years, but not falling in the class ofcontraventions, the punishment shall be imprisonmentfor a term from eighteen months to five years;
(c) where it be in respect of a contravention, the
punishment shall be imprisonment for a term fromnine months to two years.
Bribery of 
member of House of Representatives. 
Added by:
IV .1974.5. 
Amended by: 
XLIX.1981 .4;
XIII.2002 .10;
III.2004 .73;
IV.2013 .4.118.  (1) Any member of the House of Representatives who
requests, receives or accepts, for himself or for any other per son,
any reward or promise or offer of any reward in money or othervaluable consideration or of any other advantage given or madewith the object of influencing him in his conduct as a member o f
the House shall, on conviction, be liable to imprisonment for a  term
from one year to eight years.
(2) Notwithstanding any other provision of this Code or of any
other law the provisions of Title VI of Part III of Book Second  of
this Code shall not apply to an offence under this article in r espect
of the said Member of the House of Representatives or anyaccomplice.
Cases in which 
punishment of general interdiction is applied. 
Amended by:
XLIX.1981 .4;
VII.2010 .6.119.  The punishment of perpetual general interdiction or
perpetual special interdiction, or both, as the case may be, sh all be
added to the punishments established in the preceding articles of
this sub-title when the maximum of such punishments exceeds twoyears’ imprisonment; when the maximum of the said punishmentsdoes not exceed two years’ imprisonment, then the punishment oftemporary general interdiction or temporary special interdictio n, or
both, as the case may be, shall be added.
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;
IV.2013 .5.120. (1) In the cases referred to in articles 115, 116, 117 and
118, the person who bribes the public officer or servant or themember of the House of Representatives, or the person to whomany of the said articles applies in accordance with any provisi on
under this Code or under any other law, as the case may be, sha ll 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 office r
or servant or other person to commit the crime shall, on convic tion,
be liable to imprisonment for a term from six months to three y ears:
Provided that when the crime is that referred to in article
117( c), the punishment shall not exceed eighteen months
  
66              CAP. 9.]                       CRIMINAL CODE  
imprisonment.
(3) Where the member of the House of Representatives does
not commit the crime, the person who attempts to induce suchmember to commit the crime shall, on conviction, be liable toimprisonment for a term from six months to four years.
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;
VII.2010 .7.121. (1) The provisions of this sub-title shall apply to and in
relation to any person who is entrusted with or has functionsrelating to the administration of a statutory or other corporat e body
having a distinct legal personality, or who is employed with su ch a
body, as they apply to or in relation to an officer or person r eferred
to in article 112 or a public officer or servant referred to in  article
115.
(2) Articles 115 to 117, article 119 and article 120(1) and (2)
shall apply to and in relation to jurors as they apply to or in  relation
to a public officer or servant referred to in article 115:
Provided that the term "juror" shall in any case include a
lay person acting as a member of a collegial body which has theresponsibility of deciding on the guilt of an accused person in  the
framework of a trial within the judicial system of a state othe r than
Malta.
(3) The provisions of this sub-title in relation to an officer o r
person referred to in article 112 or a public officer or servan t
referred to in article 115 shall also apply to and in relation to any
employee or other person when directing or working in anycapacity for or on behalf of a natural or legal person operatin g in
the private sector who knowingly, in the course of his businessactivities, directly or through a n intermediary and in breach o f his
duties, conducts himself in any manner provided for in thosearticles:
Provided that for the purposes of this sub-article the
expression "breach of duty" includes any disloyal behaviourconstituting a breach of a statutory duty, or, as the case may be, a
breach of professional regulations or instructions, which applywithin the business in question.
(4) The provisions of this sub-title shall also apply to any
conduct falling within the descr iptions set out in the provisio ns of
this sub-title and in which is involved:
(a) a public officer or servant of any foreign State
including any member of a domestic public assemblyof any foreign State which exercises legislative oradministrative powers; or
(b) any officer or servant, or any other contracted
employee, of any international or supranationalorganization or body or of any of its institutions orbodies, or any other person carrying out functionscorresponding 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
                         CRIMINAL CODE               [CAP. 9.            67
(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 Maltesecitizen or by a permanent resident in Malta;
For the purposes of this paragraph, the phrase
"permanent resident" shall have the same meaningassigned 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 inMalta;
(h) any person:
Cap. 387.(i) called upon to act as arbitrator in accordance
with the provisions of the Arbitration Act,whether such arbitration is domestic orinternational;
(ii) who by virtue of an arbitration agreement is
called upon to render a legally binding decisionin a dispute submitted to such person by theparties to the agreement; and
(iii) who is an arbitrator exercising his functions
under the national legislation of any state otherthan 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 120shall apply; and
(ii) where the person involved is any person
mentioned in paragraph ( c) the provisions of
articles 118 and 120 shall apply.
Trading in 
influence.
Added by:
III.2002 .29.
Amended by:
VI.2007 .2;
XXXI.2007 .8;
IV.2013 .6.121A.  (1) Any person who promises, gives or offers, directly or
indirectly, any undue advantage to any other person who asserts  or
confirms that he or she is able to exert an improper influence over
the decision-making of any person referred to in the precedingarticles of this sub-title and of any other person, in order to  induce
such other person to exercise such influence, whether such undu e
advantage is for such other person or anyone else, shall onconviction be liable to the punishment of imprisonment for a te rm
from three years to six years. 
(2) Any person who requests, receives or accepts any offer or
promise of any undue advantage for himself or for anyone else w ith
the object of exercising any improper influence as is referred to in
sub-article (1) shall on conviction be liable to the punishment  laid
down in that sub-article.
(3) The offences referred to in sub-articles (1) and (2) shall b e
complete whether or not the alleged ability to exert an imprope r
  
68              CAP. 9.]                       CRIMINAL CODE  
influence existed, whether or not the influence is exerted and
whether or not the supposed influence leads to the intended res ult.
Accounting 
offences.
Added by:
III.2002 .29.
Amended by:
VI.2007 .3;
IV.2013 .7.121B.  Whosoever, with intent to commit, conceal or disguise any
offence, creates or uses an invoice or any other accountingdocument or record containing false or incomplete information o r
unlawfully omits to make a record of payment, shall on convicti on
be liable to the punishment of  imprisonment from three months t o
eighteen months without prejudice to any other punishment towhich he may be liable under any other provision of this Code o r of
any other law.
Jurisdiction.
Added by:
III.2002 .29.
Amended by:
XIII.2002 .10;
VIII.2015 .7.121C.  Without prejudice to the provisions of article 5, the
Maltese courts shall also have jurisdiction over the offences l aid
down in this sub-title where:
(a) only part of the action giving execution to the offence
took place in Malta; or
(b) the offender is a Maltese national or permanent
resident in Malta within the meaning of article 5(1)( d),
a public officer or servant of Malta or a member of the
House of Representatives or of a Local Council; or
(c) the offence involves a public officer or servant of
Malta or is a member of the House of Representativesor of a Local Council; or
(d) the offence involves any of those persons to whom
reference is made in article 121(4)( b), (c) or ( d) and
that person is at the same time a citizen or permanentresident in Malta within the meaning of article 5(1)( d).
Corporate 
liability for offences under this title.
Added by:
III.2002 .29.
Amended by:
L.N. 407 of 
2007 .
Substituted by:
VIII.2015 .8.
Cap. 12.121D.  Where an offence under this title has been committed by a
person who at the time of the said offence is the director, man ager,
secretary or other principal officer of a body corporate or is a
person having a power of representation of such a body or havin g
an authority to take decisions on behalf of that body or havingauthority to exercise control within that body and the said off ence
was committed for the benefit, in part or in whole, of that bod y
corporate, the said person shall for the purposes of this title  be
deemed to be vested with the legal representation of the same b ody
corporate which shall be liable to the payment of a fine ( multa ) of
not less than twenty thousand euro (€20,000) and not more thantwo million euro (€2,000,000), which fine may be recovered as acivil debt and the sentence of the Court shall constitute anexecutive title for all intents and purposes of the 
Code of
Organization and Civil Procedure :
Provided that where legal representation no longer vests in
the said person, for purposes of this article, legal representa tion
shall vest in the person occupying the office in his stead or i n such
person as is referred to in this article.
Applicability of 
article 248E(4) of the Code.
Added by:
XXXI.2007 .9.121E.  The provisions of article 248E(4) shall apply mutatis
mutandis  to any person found guilty of any of the offences under
this sub-title.
                         CRIMINAL CODE               [CAP. 9.            69
§ OF ABUSES COMMITTED BY ADVOCATES AND LEGAL 
PROCURATORS
Prevarication by 
advocate or legal procurator.122.  Any advocate or legal procurator who, having already
commenced to act on behalf of one party, shall, in the same law suit,
or in any other involving the same matter and interest, in oppo sition
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 f or a
term from four months to one year.
Betrayal of 
interests of client. Amended 
by: 
XLIX.1981 .4.123.  Any advocate or legal procurator who shall betray the
interests of his client in such a manner that, in consequence o f his
betrayal or deceitful omission, the client shall lose the cause , or any
right whatsoever shall be barred to his prejudice, shall, onconviction, be liable to imprisonment for a term from seven toeighteen months, and to perpetual interdiction from the exercis e of
his profession.
§ OF MALVERSATION BY PUBLIC OFFICERS AND SERV ANTS
Private interest 
in adjudications, etc.124.  Any public officer or servant who shall overtly or covertly
or through another person take any private interest in anyadjudication, contract, or administration, whether he holds who lly
or in part the direction or superintendence thereof, or held su ch
direction or superintendence at the time when such adjudication ,
contract, or administration commenced, shall, on conviction, beliable to imprisonment for a term from one to six months and toperpetual interdiction from his public office or employment.
Private interest 
in the issuing of orders, etc.125.  Any public officer or servant who takes any private
interest in any matter in respect of which he is entrusted with  the
issuing of orders, the winding up of accounts, the making ofarrangements or payments of any sort, shall, on conviction, beliable to the punishments laid down in the last preceding artic le.
Aggravating 
circumstance. 
Amended by: 
XLIX.1981 .4.126.  Whenever, in the cases referred to in the last two
preceding articles, any loss is fraudulently caused to theadministration to which the matter belongs, the punishment shal l be
imprisonment for a term from eighteen months to three years, wi th
interdiction as provided in those articles.
Embezzlement.  
Amended by: 
XLIX.1981 .4;
XXXI.2007 .10;
IV.2013 .8.127.  (1) Any public officer or servant who for his own private
gain or for the benefit of another person or entity, misapplies  or
purloins any money, whether belonging to the Government or toprivate parties, credit securities or documents, bonds, instrum ents,
or movable property, entrusted to him by virtue of his office o r
employment, shall, on conviction, be liable to imprisonment for  a
term from two to six years, and to perpetual general interdicti on.
(2) The provisions of sub-article (1) shall, mutatis mutandis ,
also apply to and in relation to any employee or other person w hen
  
70              CAP. 9.]                       CRIMINAL CODE  
directing or working in any capacity for or on behalf of a natu ral or
legal person operating in the private sector who knowingly, in the
course of his business activities, directly or through anintermediary and in breach of his duties, conducts himself in a ny
manner provided for in the said sub-article.
§ OF ABUSES RELATING TO  PRISONS
Turnkey or 
gaoler taking person in custody without warrant.128.  Any turnkey or gaoler who shall take any prisoner in
custody without a lawful warrant or order from a person authori zed
by law to issue such warrant or order, shall, on conviction, be  liable
to imprisonment for a term from one to three months.
Arbitrary acts or 
restrictions by turnkeys or gaolers. 129. (1) Any turnkey or gaoler who shall subject any person
under his custody to any arbitrary act or restriction not allow ed by
the prison regulations, shall, on conviction, be liable to thepunishment established in the last preceding article.
Aggravating 
circumstance.(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.
Detention of 
persons under arrest in place other than a public prison.130.  Any public officer or servant who, without authority or
necessity, detains or causes to be detained, any person under a rrest,
in any place other than a place  appointed as a public prison, s hall,
on conviction, be liable to imprisonment for a term from one tothree months or to a fine ( multa ).
§ OF THE REFUSAL OF A SERVICE LAWFULLY DUE
Refusal to 
perform a lawful duty.131.  Any public officer or servant who has under his orders the
civil police force and who, on a lawful request made by anycompetent authority, fails to afford the assistance of such for ce,
shall, on conviction, be liable to imprisonment for a term from  four
to six months.
Allegation of 
false excuse by juror, witness or referee.132.  Any juror, witness or referee who, with the object of not
affording assistance to the competent authority lawfully requir ing
such assistance, or of explaining his non-appearance before suc h
authority, alleges an excuse which is shown to be false, shall,  in
addition to the punishment established for his non-appearance, be
liable, on conviction, to imprisonment for a term from one to t hree
months.
Amended by: 
VI.1899.3.§ OF ABUSE OF AUTHORITY , AND OF BREACH OF DUTIES 
PERTAINING TO A  PUBLIC OFFICE
                         CRIMINAL CODE               [CAP. 9.            71
Disclosing 
official secrets. 
Added by:
VI.1899.4. 
Amended by: 
I.1903.4.133. Any public officer or servant who communicates or
publishes any document or fact, entrusted or known to him byreason of his office, and which is to be kept secret, or who in  any
manner facilitates the knowledge thereof, shall, where the act does
not constitute a more serious offence, be liable, on conviction , to
imprisonment for a term not exceeding one year or to a fine(multa ).
Unlawful 
continuance in office or employment.134.  Any public officer or servant who, having been dismissed,
interdicted, or suspended, and having had due notice thereof,continues in the exercise of his office or employment, shall, o n
conviction, be liable to imprisonment for a term from one to si x
months.
Obstruction of 
execution of law by public functionaries. 
Amended by: 
XLIX.1981 .4.135.  Any person vested with public authority who, by any
unlawful measures devised with other persons, hinders theexecution of the law, shall, on conviction, be liable toimprisonment for a term from eighteen months to three years.
Promotion of 
violence or racial hatred by public officers.
Added by:
XXIV .2014 .21.135A.  Any public officer or servant who, under colour of his
office, creates or assumes leadership of a group which promotesviolence or racial hatred within the meaning of sub-articles (3 ) to
(6), both inclusive, of article 222A, shall, where the act comm itted
does not constitute a more serious offence, be liable to thepunishment of imprisonment for a term from one to five years.
Unlawful 
domiciliary entry by public officials. 
Amended by: 
VI.1871.8.136. (1) Any public officer or servant who, under colour of his
office, shall, in cases other than those allowed by law, or wit hout
the formalities prescribed by law, enter any house, or other bu ilding
or enclosure belonging to any person, shall, on conviction, be liable
to imprisonment for a term not exceeding three months or to a f ine
(multa  or ammenda ).
Aggravating 
circumstances.(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 tw elve
months.
Failure or 
refusal of magistrates or Police to perform certain duties.137.  Any magistrate who, in a matter within his powers, fails or
refuses to attend to a lawful complaint touching an unlawfuldetention, and any officer of the Executive Police, who, on asimilar complaint made to him, fails to prove that he reported the
same to his superior authorities within twenty-four hours, shal l, on
conviction, be liable to imprisonment for a term from one to si x
months.
Malicious 
violation of official duties. 
Amended by: 
V .1868.5; VI.1871.9; I.1903.5.138. Any public officer or servant who shall maliciously, in
violation of his duty, do or omit to do any act not provided fo r in
the preceding articles of this Title, to the oppression or inju ry of
any other person, shall, on conviction, be liable to imprisonme nt
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.
Aggravating 
circumstance.139. Where the injurious or oppressive act is one of those
mentioned in articles 86, 87, 88 and 89, the offender shall, onconviction, be liable to the punishment laid down in those arti cles
respectively, increased by one degree.
  
72              CAP. 9.]                       CRIMINAL CODE  
Torture and 
other cruel, inhuman or degrading treatment or punishment. 
Added by: 
XXIX.1990 .5.139A.  Any public officer or servant or any other person acting
in an official capacity who intentionally inflicts on a person severe
pain or suffering, whether physical or mental - 
(a) for the purpose of obtaining from him or a third person
information or a confession; or
(b) for the purpose of punishing him for an act he or a
third person has committed or is suspected of havingcommitted; 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 todo, 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.
Additional 
punishment of interdiction.140.  In the cases referred to in articles 133 to 139 inclusively,
the court may, in addition to the punishment therein laid down,award the punishment of temporary or perpetual generalinterdiction.
Substituted by:
III.2002 .30.GENERAL PROVISION APPLICABLE TO PUBLIC OFFICERS
General 
provision.  
Amended by:
IX.1859.10.141.  Saving the cases where the law specifically prescribes the
punishment to which offences committed by public officers orservants are subject, any public officer or servant who shall b e
guilty of any other offence over which it was his duty to watch  or
which by virtue of his office he was bound to repress, shall, o n
conviction, be liable to the punishment laid down for such offe nce,
increased by one degree.
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
                         CRIMINAL CODE               [CAP. 9.            73
affixed by order of a public authority, shall, on conviction, b e 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 liabl e to
the same punishment laid down in sub-article (1).
(3) In either case, the court may, in lieu of the said punishmen t,
award a fine ( multa ).
Theft aggravated 
by "breaking".143.  Every theft committed by means of the breaking of any
seal affixed by order of a public  authority shall be deemed to be a
theft aggravated by "breaking".
Embezzlement, 
etc., of documents, etc., from places of public deposit. 
Amended by:
XLIX.1981 .4;
V.2005 .37;
L.N. 407 of 
2007 .144. (1) In cases of embezzlement, destruction, mutilation or
purloining of documents, records or other papers, registers, ac ts or
any effects whatsoever existing in the public archives, or in a ny
other public offices, or delivered to any public depositary orfunctionary whatsoever in virtue of his office, the offender sh all, 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 mor e than
twenty-three thousand and two hundred and ninety-three euro andseventy-three cents (23,293.73) or to imprisonment for a term f rom
thirteen months to seven years or to both such fine andimprisonment.
Negligence of 
functionaries.(2) Where there has been negligence on the part of the
archivist, registrar, recording officer, notary, or other funct ionary,
such archivist, registrar, recording officer, notary or otherfunctionary shall, for the mere negligence, be liable, on convi ction,
to imprisonment for a term from four to six months or to a fine(multa ).
(3) Where the destruction, mutilation, damage, or alteration of
any thing referred to in sub-article (1) is caused throughimprudence, negligence, unskilfulness in an art or profession o r
through non-observance of any regulation the offender shall beliable to a fine ( multa ) of not more than nine thousand and three
hundred and seventeen euro and forty-nine cents (9,317.49) or t o
imprisonment for a term not exceeding three years or to both su ch
fine and imprisonment.
Aggravating 
circumstance of "violence". 
Amended by: 
XLIX.1981 .4.145.  Where any of the crimes referred to in the preceding
articles of this sub-title is committed with violence against t he
person, the offender shall, on conviction, be liable to impriso nment
for a term from two to six years.
Fraudulent 
withdrawal of letters or packets. 
Amended by: 
XLIX.1981 .4.146. Repealed by: XVII.1996 .19.
Fraudulent 
retention, etc., of postal packets or parcels. 
Amended by: 
V .1868.6; XVI.1900.136; 
XLIX.1981 .4.147.  Repealed by: XVII.1996 .19.
  
74              CAP. 9.]                       CRIMINAL CODE  
Unlawful 
opening of letters, etc., by post office officials. 
Amended by: 
XLIX.1981 .4.148.  Repealed by: XVII.1996 .19.
Suppression of 
letters, etc., by post office officials. 
Amended by: 
XLIX.1981 .4.149.  Repealed by: XVII.1996 .19.
Aggravation of 
punishment in the case of public officers.150.  Saving the cases of negligence referred to in articles 142
and 144, any public officer or servant who shall, in the execut ion of
his office, commits or connives at any of the crimes mentioned in
the preceding articles of this sub-title, shall, on conviction,  be
liable to the punishment established for the crime, increased b y one
degree, and to the punishment of perpetual general interdiction .
§ 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
Simple escape of a person sentenced.Substituted by:
VII.1999 .6.151.  Any person under sentence and any other prisoner who
shall be guilty of simple escape or who escapes from the custod y of
the person or persons charged with his custody, shall, onconviction, be liable to imprisonment for a term of not less th an six
months but not more than one year.
In this article ''prisoner'' means any person who is confined
in prison and includes a prisoner while he is being moved to orfrom a prison or from one prison to another or while he is unde r
treatment or observation in any hospital. 
Prison breaking.
Substituted by:
VII.1999 .6.152.  Any prisoner who shall be guilty of escape from any place
of confinement or of punishment, or from a hospital where he isunder treatment or observation, or from the custody of the pers on
or persons charged with his custody, shall, when the escape hasbeen effected by violence on the person, or with breaching theplaces mentioned, be liable, on conviction, to imprisonment for  a
term from two years to four years saving any other punishment t o
which he may be subject under any other provision of this Code or
any other law.
In this article ''prisoner'' has the same meaning assigned to
it in article 151.
Negligence or 
imprudence of person charged with the custody, etc., of person escaping. 
Amended by: 
XXI.1971.15; 
XLIX.1981 .4.153. Where the escape of any person under arrest or sentence
is effected in consequence of the negligence or imprudence of t he
person charged with his custody, care or conveyance, the person  so
charged shall, on conviction, be liable -
(a) if the party escaping is accused of, or sentenced for
any crime liable to a punishment not exceeding twoyears’ imprisonment, or if he is in lawful custody for
                         CRIMINAL CODE               [CAP. 9.            75
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 yearsbut not exceeding five years’ imprisonment, toimprisonment 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 sevenmonths to one year.
Connivance, 
etc., of person charged with the custody, etc., of person escaping. 
Amended by: 
XXI.1971.16; 
XLIX.1981 .4,154. Where the escape of any person under arrest or sentence is
effected with the connivance of or by bribing the person charge d
with his custody, care, or conveyance, the person so charged sh all,
in the cases referred to in paragraphs ( a), (b) and (c) of the last
preceding article, be liable, on conviction, to imprisonment fo r the
term as respectively fixed in the said paragraphs, increased by  one
degree and to the punishment of perpetual general interdiction.
Aggravating 
circumstances.155.  The punishment laid down in the last two preceding
articles shall be increased by one degree, where the escape iseffected by any of the means mentioned in article 152, or byconveying into the place of confinement or of punishment anyinstrument or weapon to facilitate the escape.
Aiding and 
abetting on the part of person not charged with the custody, etc., of person escaping. 
Amended by: 
IX.1982 .2.156.  Whosoever, not being charged with the custody, care, or
conveyance of any person under arrest or sentence, shall facili tate
or be an accomplice in the escape of such person, shall, onconviction, be liable to the punishment established for the per son
so charged and conniving, decreased by one degree:
Provided that in the cases referred to in the last preceding
article, the offender shall be liable to the same punishmentestablished for the person so charged and conniving.
Assisting 
criminals to escape from Malta. 
Amended by: 
XXI.1971.17; II.1973.2; 
XLIX.1981 .4.157.  Whosoever shall knowingly provide the means for
effecting an escape from Malta, whether of a person accused of a
crime or of a person under arrest or sentence for a crime, or o f a
person under warrant of arrest f or a crime, or of a person who has
committed a crime although not yet sentenced nor under arrest o r
warrant of arrest, shall, on conviction, be liable - 
(a) where the said crime as regards the fugitive is not
liable to a punishment exceeding two years’imprisonment, to imprisonment for a term from one tothree 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 tosix months;
(c) where the said crime as regards the fugitive is liable to
a punishment exceeding five years’ imprisonment, toimprisonment for a term from seven months to oneyear.
  
76              CAP. 9.]                       CRIMINAL CODE  
Harbouring of 
criminals. 
Amended by: 
VIII.1857.1; XXI.1971.18; 
XLIX.1981 .4.158. Whosoever shall knowingly harbour or cause to be
harboured any person against whom there is a warrant of arrest for
any offence liable to imprisonment for a term exceeding threemonths, or for whom the Executive Police is searching for thepurpose of arresting him for any such offence, or who has escap ed
from arrest for any such offence, shall, on conviction, be liab le to
imprisonment for a term from three days to three months.
Exemptions.
Amended by:
XXIII.2017 .4.159.  Nevertheless, the spouse, the ascendant or descendant, the
brother or sister, parents of either spouse, spouses of either child, the
uncle or aunt, the nephew or niece and the brother-in-law or si ster-
in-law of any fugitive or person so harboured, shall be exempte d
from the punishments laid down in the last two preceding articl es.
Escape from 
places of custody. 
Added by: 
I.1903.6.160.  The provisions of articles 151 to 159 inclusively shall
apply in the case of escape of any person lawfully confined fro m
any place appointed for his custody.
§ OF THE VIOLATION OF PUBLIC MONUMENTS
Damage to 
monuments, etc.
Amended by:
III.2002 .31;
L.N. 407 of 
2007 ;
XXIV .2014 .22.161. Whosoever shall destroy, throw down, deface, or otherwise
damage any monument, statue, or other object of art, destined f or
public utility or public embellishment, and erected by, or with  the
permission of the public authority, shall, on conviction, be li able to
imprisonment for a term from six to eighteen months or to a fin e
(multa ) not exceeding three thousand and five hundred euro
(€3,500):
Provided that the court may, in minor cases, apply any of
the punishments established for contraventions.
Violation of 
tombs.
Amended by:
III.2002 .32;
L.N. 407 of 
2007 ;
XXIV .2014 .23.162.  Whosoever shall violate any tomb or burial place, publicly
acknowledged as such, shall, on conviction, be liable toimprisonment for a term from nine months to two years or to a f ine
(multa ) not exceeding five thousand euro (€5,000).
Title IV
Added by: 
XXVIII.1933.1.OF CRIMES AGAINST THE RELIGIOUS SENTIMENT
Vilification of 
the Roman Catholic 
Apostolic 
Religion. 
Added by: 
XXVIII.1933.2.163.  Repealed by Act XXXVII.2016.3.
Vilification of 
other cults tolerated by law. 
Added by:
XXVIII.1933.2.164.  Repealed by Act XXXVII.2016.3.
                         CRIMINAL CODE               [CAP. 9.            77
Obstruction of 
religious services.
Added by: 
XXVIII.1933.2.
Amended by:
XXXVII.2016.4.165. (1) Whosoever impedes or disturbs the performance of
any function, ceremony or religious service of any religiontolerated by law, which is carried out with the assistance of aminister of religion or in any place of worship or in any publi c
place or place open to the public shall, if the impediment ordisturbance causes no serious dan ger to public order be liable to a
punishment of up to six months imprisonment and if such a serio us
danger results the punishment shall be increased by one degree.
(2) If any act amounting to threat or violence against the perso n
is committed, the punishment shall be imprisonment for a termfrom 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 .4.166. (1) Whosoever shall forge any Government debenture for
sums advanced on loan to the Government, shall, on conviction, be
liable to imprisonment for a term from three to five years, wit h or
without solitary confinement.
(2) The same punishment shall apply where the forgery
consists in opening a credit relative to such loan in the books  of the
Government Treasury.
(3) Where the forgery consists in the endorsement of a genuine
Government debenture, the offender shall, on conviction, be lia ble
to imprisonment for a term from thirteen months to four years, with
or without solitary confinement.
Forgery of 
documents. 
Amended by: 
XII.1913.5; 
XLIX.1981 .4.167. (1) Whosoever shall forge any schedule, ticket, order or
other document whatsoever, upon the presentation of which anypayment may be obtained, or any delivery of goods effected, or a
deposit or pledge withdrawn from any public office or from anybank or other public institution established by the Government,  or
recognized by any public act of the Government, shall, onconviction, be liable to imprisonment for a term from thirteenmonths 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, ba nk 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 shal l, on
conviction, be liable to imprisonment for a term from nine mont hs
  
78              CAP. 9.]                       CRIMINAL CODE  
to three years, with or without solitary confinement.
Forgery of 
Government debentures and documents by public officers.  
Amended by: 
IV .1882.1.168. (1) Any public officer or servant who, by abuse of his
office or employment, becomes guilty of any of the crimes refer red
to in the last two preceding articles, shall, on conviction, be  liable
to the punishment therein prescribed for any such crime, increa sed
by one degree.
(2) The same punishment shall apply to any public officer or
servant who shall knowingly re-issue any order for payment ofmoney or any of the documents mentioned in the last precedingarticle, after the payment or the delivery of the goods obtaina ble
upon the presentation of such order or document has been effect ed.
Use of forged 
debentures or documents.169.  Whosoever shall knowingly make use of any of the
instruments specified in articles 166, 167 and 168 shall, onconviction, be liable to the same punishment as the principaloffender.
Forgery of 
Government, judicial or official acts. 
Amended by: 
XXVII.1975.14; 
XLIX.1981 .4.170. (1) Whosoever shall forge any act containing an order or
resolution of the Government of Malta, and whosoever shall forg e
any judgment, decree, or order of any court, judge, magistrate,  or
public officer, whereby any obligation is imposed or terminated , or
any claim allowed or disallowed, or whereby any person isacquitted or convicted on any criminal charge, shall, on convic tion,
be liable to imprisonment for a term from two to four years, wi th or
without solitary confinement.
Making use of 
forged acts.(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.
Forgery of acts 
or use of forged acts by public officer or servant.(3) Where the person guilty of any of the crimes referred to in
this article is a public officer or servant specially charged w ith the
drawing up, registration, or custody of any such act, judgment,decree or order, the punishment shall be increased by one degre e.
Counterfeiting 
the Public Seal of Malta.
Amended by: 
XV .1937.3; XXVII.1975.15; 
XLIX.1981 .4.171.  Whosoever shall counterfeit the Public Seal of Malta, or
shall knowingly make use of such counterfeited seal, shall, onconviction, be liable to imprisonment for a term from three to five
years, with or without solitary confinement.
Counterfeiting 
of seals, stamps, or other Government marks. 
Amended by:
XLIX.1981 .4;
III.2002 .33.172. (1) Whosoever, except in the cases referred to in the last
preceding article, shall counterfeit any seal, stamp, or other mark,
used for sealing, stamping, marking, authenticating or certifyi ng, in
the name of the Government or of any of the authorities thereof ,
documents or effects, whether public or private property, or wh ich
are under the public guarantee, shall, on conviction, be liable  to
imprisonment for a term from thirteen months to three years, wi th
or without solitary confinement.
Making use of 
counterfeited seal, stamp, or mark. (2) Whosoever shall knowingly make use of any such seal,
stamp, or mark and whosoever shall knowingly and without lawfulauthority be in possession of the said objects, shall be liable  to the
same punishment.
                         CRIMINAL CODE               [CAP. 9.            79
Counterfeiting 
postage stamps, and making use of same. 
Added by: 
XVI.1900.137. 
Amended by: 
XLIX.1981 .4.173.  Whosoever shall counterfeit postage stamps, or shall
knowingly make use of counterfeited postage stamps, shall, onconviction, be liable to imprisonment for a term not exceeding two
years, with or without solitary confinement.
Possessing 
counterfeited postage stamps, dies, etc. 
Added by. 
XVI.1900.137.
Amended by: 
XXVII.1975.16.174. (1) Whosoever, without the special permission of the
Government, shall knowingly keep in his possession counterfeite d
postage stamps, dies, machines or instruments intended for themanufacture of postage stamps, shall, on conviction, be liable to
the punishment established in the last preceding article.
(2) The provisions contained in this and in the last preceding
article shall also apply in regard to any stamp denoting a rate  of
postage of any foreign country.
Purchasing or 
having in possession certain paper before it has been duly stamped and issued. 
Added by: 
XVI.1900.137. 
Amended by: 
VIII.1909.9.175.  The same punishment established in article 173 shall apply
to any person who, without lawful authority or excuse, (the pro of
whereof shall lie on the person accused), knowingly purchases o r
receives, or takes or has in his custody or possession any pape r
exclusively manufactured or provided by or under the authority of
the Government of Malta, for use as envelopes, wrappers orpostage stamps, and for receiving the impression of stamp dies,plates or other instruments provided, made or used by or under the
authority of the Government for postal purposes, before such pa per
has received such impression and has been issued for public use .
Act of 
counterfeiting Public Seal of Malta, stamps, etc., defined.176.  There shall be forgery within the meaning of articles 171
and 172, not only if a false instrument is made or affixed but also if
the genuine instrument is fraudulently affixed.
Punishment for 
counterfeiting Public Seal of Malta, stamps, etc., when committed by public officers.177.  Where the person guilty of any of the crimes referred to in
articles 171, 172 and 176 is a public officer or servant charge d with
the direction, custody, or proper application of the seals, sta mps, or
other instruments, the punishment shall be increased by one deg ree.
Exemption from 
punishment. Substituted by: 
IX.1982 .2.178.  Any person guilty of any of the crimes referred to in
articles 166 to 177 inclusively, shall be exempted from punishm ent
if, before the completion of such crime and previously to anyproceedings, he shall have given the first information thereof and
revealed the offenders to the competent authorities.
Sub-title II
OF FORGERY OF OTHER PUBLIC OR PRIV ATE WRITINGS
Forgery of acts 
by public officer. 
Amended by: 
XLIX.1981 .4.179.  Saving the cases referred to in the preceding sub-title, any
public officer or servant who shall, in the exercise of his fun ctions,
commit forgery by any false signature, or by the alteration of any
act, writing, or signature, or by inserting the name of anysupposititious person, or by any writing made or entered in any
  
80              CAP. 9.]                       CRIMINAL CODE  
register or other public act, when already formed or completed,
shall, on conviction, be liable to imprisonment for a term from  two
to four years, with or without solitary confinement.
Fraudulent 
alteration of acts by public officer. 
Amended by: 
XLIX.1981 .4.180.  Any public officer or servant who, in drawing up any act
within the scope of his duties, shall fraudulently alter the su bstance
or the circumstances thereof, whether by inserting any stipulat ion
different from that dictated or drawn up by the parties, or bydeclaring as true what is false, or as an acknowledged fact a f act
which is not acknowledged as suc h, shall, on conviction, be lia ble
to the punishment established in the last preceding article or to
imprisonment for a term from eighteen months to three years, wi th
or without solitary confinement.
Delivery of 
writings falsely purporting to be copies of public acts which do not exist.  
Amended by: 
XLIX.1981 .4.181.  Any public officer or servant who shall give out any
writing in a legal form, representing it to be a copy of a publ ic act
when such act does not exist, shall, on conviction, be liable t o
imprisonment for a term from thirteen months to two years, with  or
without solitary confinement.
Delivery of 
copies of acts differing from the original.182. (1) The punishment laid down in the last preceding
article shall be applied where the forgery is committed by thepublic officer or servant on a legal and authentic copy, by giv ing
out the same in virtue of his office, in a manner contrary to o r
different from the original, without this being altered orsuppressed.
Penalty in case 
of negligence.(2) Where such copy is so given out by the mere negligence of
the public officer or servant, he shall, on conviction, be liab le to a
fine ( multa ).
Forgery of 
public, 
commercial or private bank documents by person not being a public officer. 
Amended by: 
VI.1871.10; 
XLIX.1981 .4.183.  Any other person who shall commit forgery of any
authentic and public instrument or of any commercial document o r
private bank document, by counterfeiting or altering the writin g or
signature, by feigning any fictitious agreement, disposition,obligation or discharge, or by the insertion of any such agreem ent,
disposition, obligation or discharge in any of the said instrum ents
or documents after the formation thereof, or by any addition to  or
alteration of any clause, declaration or fact which such instru ments
or documents were intended to contain or prove, shall, onconviction, be liable to imprisonment for a term from thirteenmonths to four years, with or without solitary confinement.
Malicious use of 
false documents.184.  Any person who shall knowingly make use of any of the
false acts, writings, instruments or documents mentioned in thepreceding articles of this sub-title, shall, on conviction, be liable to
the punishment established for the forger.
Issue of false 
declarations or certificates. 
Amended by: 
VI.1871.11; 
XLIX.1981 .4.185. (1) Saving the cases referred to in the preceding articles
of this Title, where any public officer or servant who, by reas on of
his office, is bound to make or issue any declaration or certif icate,
shall falsely make or issue such declaration or certificate, he  shall,
on conviction, be liable to imprisonment for a term from ninemonths to three years.
(2) Where the falsification is committed by any person, other
than a public officer or servant acting with abuse of authority , the
                         CRIMINAL CODE               [CAP. 9.            81
punishment shall be imprisonment for a term from seven months t o
two years.
Malicious use of 
false declarations or certificates.186.  Whosoever shall knowingly make use of any of the
documents mentioned in the last preceding article, shall, onconviction, be liable to the same punishment established for th e
author thereof.
Forgery of 
private writings. 
Amended by: 
XLIX.1981 .4.187. (1) Whosoever shall, by any of the means specified in
article 179, commit forgery of any private writing tending to c ause
injury to any person or to procure gain, shall, on conviction, be
liable to imprisonment for a term from seven months to three ye ars,
with or without solitary confinement.
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.
Amended by:
VII.2010 .8.188.  (1) Whosoever, in order to gain any advantage or benefit
for himself or others, shall, in any document intended for anypublic authority, knowingly make a false declaration or stateme nt,
or give false information, shall, on conviction, be liable to t he
punishment of imprisonment for a term not exceeding two years o r
to a fine ( multa ):
Provided that nothing in this article shall affect the
applicability of any other law providing for a higher punishmen t.
(2) Where the document referred to in sub-article (1) is not one
intended for any public authority the punishment shall be that of
imprisonment not exceeding one year or a fine ( multa ).
Added by:
XLIX.2016 .9.Sub-title III 
OF COUNTERFEITING OF CURRENCY 
Reference to 
currency.
Added by:
XLIX.2016 .9.188A.  For the purposes of the following provisions of this Sub-
title, any reference to the term "currency" shall be a referenc e to
euro banknotes or euro coins or any other note or coin by whate ver
name called, which is legal tender in the country outside Malta  in
which it is issued and which is designated for circulation as l egal
tender, even if it has not been issued yet.
Forgery and 
uttering of currency.
Added by:
XLIX.2016 .9.188B.  (1) Whosoever fraudulently makes, alters, or forges any
currency or utters any forged currency knowing the same to beforged shall be liable, on conviction, to imprisonment for a te rm of
not less than two years and not exceeding nine years:
Provided that where the forged currency is uttered by a
person who proves that at the time at which it came into his cu stody
or possession he did not know the same to be forged, thepunishment shall be reduced to a term of imprisonment of not le ss
than two months and not exceeding three years.
(2)  Whosoever makes use of legal facilities or materials to
manufacture any currency in violation of the rights and conditi ons
under which such facilities or materials are to be used shall b e
liable, on conviction, to imprisonment for a term of not less t han
two years and not exceeding ten years.
  
82              CAP. 9.]                       CRIMINAL CODE  
Import, export, 
transportation and possession of forged currency.
Added by:
XLIX.2016 .9.188C.  Whosoever without lawful authority imports, exports,
transports, purchases, receives, obtains, or has in his custody  or
possession forged currency knowing the same to be forged shall be
liable, on conviction, to imprisonment for a term of not less t han
thirteen months and not exceeding five years.
Making, 
receiving, obtaining or having in possession paper or implements for forgery.
Added by:
XLIX.2016 .9.188D.  Whosoever without lawful authority -
(a) makes, receives, obtains, uses or knowingly has in his
custody or possession, any paper intended to resembleand pass as special paper such as is provided and usedfor the making of any currency note, or any suchspecial paper;
(b)  makes, receives, obtains, uses or knowingly has in his
custody or possession, any frame, mould or instrumentfor making such paper, or for producing in or on suchpaper any words, figures, letters, marks, lines, ordevices, peculiar to and used in or on any such paper;
(c) engraves or in any way makes upon any plate, wood,
stone, or other material, or produces in electronic ordigital form, any words, figures, letters, marks, linesor devices, the print whereof resembles in whole or inpart the words, figures, letters, marks, lines or devices,peculiar to and used in or on any currency;
(d) makes, receives, obtains, uses or knowingly has in his
custody or possession any plate, wood, stone or othermaterial, or any other electronic or digital storagedevice upon which any such words, letters, figures,marks, lines, or devices, have been engraved, producedor stored in electronic or digital form, or in any waymade as aforesaid;
(e) makes, receives, obtains, uses or knowingly has in his
custody or possession any paper or other material
whatsoever made upon which any such words, figures,
letters, marks, lines, devices, holograms or othercomponents or security features which serve to protectagainst counterfeiting, have been printed or in any waymade as aforesaid;
(f) makes, receives, obtains, uses or knowingly has in his
custody or possession instruments, articles, computer
programmes and data, and any other means
specifically adapted for the counterfeiting or alteringof currency;
(g) makes, receives, obtains, uses or knowingly has in his
custody or possession any die or other instrument ormachine exclusively intended for coinage,
shall be liable, on conviction, to imprisonment for a term of n ot
less than thirteen months and not exceeding five years.
                         CRIMINAL CODE               [CAP. 9.            83
Mutilation and 
defacement of currency.
Added by:
XLIX.2016 .9.188E. Whosoever without lawful authority or lawful or
reasonable excuse mutilates, cuts, tears, melts down, impairs, or
perforates with holes, any currency or in any way defaces anycurrency by writing, printing, drawing, or by any meanswhatsoever, or stamping thereon, or by attaching or affixing th ereto
anything in the nature or form of an advertisement, shall be li able,
on conviction, to a fine ( multa ) not exceeding one hundred and
fifteen euro (€115).
Consultation 
with the Central Bank of Malta.
Added by:
XLIX.2016 .9.188F.  If, in the course of criminal proceedings, the court deems it
necessary to order the destruction of counterfeit currency, it shall
consult with the Central Bank of Malta beforehand and shall, if  and
as the Central Bank of Malta may require, refrain from orderingtheir destruction and proceed to consign such currency to theCentral Bank of Malta for examination.
Medals and 
tokens similar to euro coins.
Added by:
XLIX.2016 .9.188G.  (1) In accordance with the provisions of Council
Regulation (EC) No 2182/2004 concerning medals and tokenssimilar to euro coins, and as subsequently amended, whosoever,unless authorised by the Commission of the European Union,produces, sells, imports or distributes for sale or for othercommercial purposes medals and tokens, other than exemptedmedals and tokens as provided in the said Regulation, similar t o
euro coins, shall be guilty of an offence and shall, on convict ion, be
liable to a fine ( multa ) not exceeding twenty-three thousand euro
(€23,000), or to imprisonment for a term not exceeding six mont hs,
or to both such fine and imprisonment.
(2)  The provisions of sub-article (1) shall not apply to medals
and tokens issued before 6 December 2004.
Liability of legal 
persons.188H.  The provisions of articles 121D and 248E(4) shall apply
mutatis mutandis  to offences under articles 188B to 188D.
GENERAL PROVISIONS APPLICABLE TO THIS TITLE
Other kinds of 
forgery and use of forged documents. 
Amended by:
IX.1911.10. Substituted by: V .1956.16.189.  Whosoever shall commit any other kind of forgery, or
shall knowingly make use of any other forged document, notprovided for in the preceding articles of this Title, shall be liable to
imprisonment for a term not exceeding six months, and if he is a
public officer or servant acting with abuse of his office oremployment, he shall be punishable with imprisonment for a termfrom seven months to one year.
Definition of 
document, etc.
Added by:
III.2002 .34.189A.  For the purposes of this Title, "document", "instrument",
"writing" and "book" include any card, disc, tape, soundtrack o r
other device on or in which information is or may be recorded o r
stored by mechanical, electronic or other means.
Additional 
punishment of perpetual general interdiction.190.  In all crimes of forgery when committed by public officers
or servants, the punishment of perpetual general interdiction s hall
always be added to the punishment laid down for the crime.
  
84              CAP. 9.]                       CRIMINAL CODE  
Title VI
Amended by: 
XI.1900.23 .OF CRIMES AGAINST PUBLIC TRADE 
OF BANKRUPTCY OFFENCES
Fraudulent 
bankruptcy. 
Amended by: 
IX.1859.12; VI.1871.12; XI.1900.23; 
XLIX.1981 .4.191.  A bankrupt trader shall be declared guilty of fraudulent
bankruptcy and shall be punishable with imprisonment for a termfrom eighteen months to three years, in each of the cases follo wing:
(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 sumwhich is not due.
Circumstances 
which give rise to simple bankruptcy. 
Amended by: 
IX.I859.13; VI.1871.12; XI.1900.23.192. A bankrupt trader shall be declared guilty of simple
bankruptcy and shall be punishable with imprisonment for a termfrom seven months to one year, in each of the cases following:
(a) if his personal expenses or those of his family have
been excessive, having regard to his means;
(b) if he has spent a considerable part of his estate in
purely hazardous or obviously rash transactions;
(c) if, with the object of delaying his bankruptcy, he has
purchased goods with the intention of re-selling thembelow the market value and has actually so re-soldthem, or if he has had recourse to loans, toindorsement of mercantile documents or to otherruinous 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 prejudiceof 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.
Bankruptcy of 
broker. 
Amended by: 
XI.1900.23.193.  Any broker who, in the course of the habitual exercise of
his trade, becomes a bankrupt, shall be liable to the punishmen t laid
down in the last preceding article.
Circumstances 
which may give rise to simple bankruptcy. 
Amended by: 
XI.1900.23.194.  A bankrupt trader can be declared guilty of simple
bankruptcy and be liable to the punishment laid down in article192, 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 notshow his true financial position, (debit and credit);
                         CRIMINAL CODE               [CAP. 9.            85
(b) if, being lawfully summoned for examination before
the competent authority and not being lawfullyprevented, he fails to attend within the period fixed forhis appearance.
Complicity in 
bankruptcy.  
Amended by: 
XI.1900.23.195. Complicity in bankruptcy shall be restricted solely to those
persons who collude with the bankrupt to defraud his creditors:
   Provided that no charge of complicity shall lie against
any person - 
(a) who, having simulated claims against the bankrupt,
shall not have made such claims in the bankruptcyproceedings, either in his own name or through anintermediary;
(b) who, having colluded with the bankrupt for
misapplying, concealing, or dissembling any part ofhis assets, shall first disclose the fact to the competentauthority and shall furnish or indicate the means bywhich the things misapplied, concealed, or dissembledmay be recovered.
Title VII
Substituted:
XIII.2018. 24.OF CRIMES AFFECTING THE DIGNITY OF PERSONS
 
Sub-title I
OF CRIMES RELATING TO THE RECIPROCAL DUTIES OF THE 
MEMBERS OF A FAMILY
Bigamy.  
Amended by: 
XLIX.1981 .4;
XXIII.2017 .5;
Substituted by:
XXVII.2020. 33.
Cap. 571.
Act No. XXVII 
of 2020.196.  Any:
(a) spouse;
(b) civil union partner; or 
(c) cohabitant in a registered or unilaterally declared
cohabitation according to the  Cohabitation Act, or a
registered cohabitation by means of a public deed inaccordance to the 
Cohabitation Act, 2020 ,
who, during the subsistence of a valid and lawful marriage, civ il
union or cohabitation, contracts another marriage, civil union or
cohabitation, shall, on conviction, be liable to imprisonment f or a term
from thirteen (13) months to four (4) years.
  
86              CAP. 9.]                       CRIMINAL CODE  
Bigamy 
involving a civil union and cohabitation.
Added by:
IX.2014 .15.
Substituted by:
XV.2017 .48.196A.  Deleted by XXVII.2020. 34.
Prostituting of 
descendant under age by ascendant. 
Amended by:
VIII.1909.10; XIV .1918.2; XLVI.1973.108; 
XLIX.1981 .4; 
IV.1994 .3;
II.2014 .2;
XXIII.2017 .6;
XIII.2018 .24.197. (1) Any ascendant by consanguinity or affinity who, by
the use of violence or by threats, compels, or, by deceit, indu ces
any descendant under age to prostitution, shall, on conviction,  be
liable to imprisonment for a term from six to twelve years.
Prostituting of 
spouse under age or of minor by husband or wife or tutor.(2) The same punishment shall be applied to anyone of the
spouses or tutor who, by the use of violence or by threats, com pels,
or, by deceit, induces to prostitution his or her spouse under age or
the minor under his or her tutorship.
Prostituting of 
descendant or spouse of age, by ascendant or husband or wife.(3) If the ascendant or any one of the spouses, by the use of
violence or by threats, compels, or, by deceit, induces thedescendant or his or her spouse, of age, to prostitution, he or  she
shall, on conviction, be liable to imprisonment of a term from three
to six years.
(4) The punishment prescribed for the crimes referred to in the
preceding sub-articles shall be increased by one to two degrees  in the
cases referred to in article 202, as applicable.
Consequences of 
conviction.(5) A conviction under this article shall entail the forfeiture of
every authority and right granted to the offender over the pers on or
property of the spouse or of the descendant to whose prejudice the
offence shall have been committed, and, in the case of the tuto r, his
removal from the tutorship and his perpetual disability fromholding the office of tutor:
Provided that where the rights of the offender over the
person to whose prejudice the offence has been committed consis ts
of rights of parental authority the forfeiture provided for in this
sub-article shall not apply automatically but may be imposed by  the
court after it has considered all the circumstances of the case  and in
imposing such forfeiture the court may also impose conditions:
Provided further that in the cases referred to in the above
proviso the court may, upon the application of the offender, an d
only after appointing any expert that it may deem fit to appoin t,
remove or vary the conditions of the forfeiture, after being sa tisfied
that a material change in circumstances justifies such revocati on or
variation of conditions.
                         CRIMINAL CODE               [CAP. 9.            87
Sub-title II
Amended by: 
XI.1900.24.Substituted by:XXXVII.2016.5.OF SEXUAL OFFENCES
Rape.
Amended by: 
XI.1900.26; 
XLIX.1981 .4.
Substituted by:
XIII.2018 .24.198. (1) Whosoever shall engage in non-consensual carnal
connection, that is to say, vaginal or anal penetration of a se xual nature
with any bodily part, and, or, any object, or oral penetration with any
sexual organ of the body of another person shall, on conviction , be
liable to imprisonment for a term from six to twelve years:
Provided that penetration with any bodily part and, or
object shall be deemed to be complete by its commencement, and it
shall not be necessary to prove any further acts.
(2) Whosoever by force, bribery, deceit, deprivation of
liberty, improper pressure or any other unlawful conduct or by threats
of such conduct, causes another person to engage in any of the non-
consensual acts described in the preceding sub-article with anyperson shall, on conviction, be liable to imprisonment for a te rm from
six to twelve years.
(3) The acts referred to in sub-article (1) shall be deemed to
be non-consensual unless consent was given voluntarily, as the result
of the person’s free will, assessed in the context of the surro unding
circumstances and the state of that person at the time, taking into
account that person’s emotional and psychological state, amongs t
other considerations.
Cap. 12.(4) In addition to any punishment to which the person
convicted of an offence under this article may be sentenced, th e Court
may order the offender to make restitution to the injured party  of any
property or proceeds stolen or knowingly received or obtained b y
fraud or other unlawful gain to the detriment of such party by or
through the offence, or to pay to such party such sum of money as
may be determined by the Court as compensation for any such los s as
aforesaid or for any damages or other injury or harm, including  moral
and, or, psychological harm caused to such party by or through the
offence, and any such order may include both a direction to mak e
restitution and, in default, to pay as aforesaid. The order sha ll
constitute an executive title for all intents and purposes of t he Code
of Or ganization and Civil Procedure .
(5) When issuing an order under sub-article (4), the Court may
direct that such costs or damages are paid in instalments, in p articular,
having regard to any other obligations which the offender has t owards
the victim or any of the victim’s dependants.
  
88              CAP. 9.]                       CRIMINAL CODE  
Abduction. 
Amended by: 
XLIX.1981 .4.
Substituted by:
XIII.2018. 24.199. (1) Whosoever shall, abduct any person with the intent to
harm such person, shall, on conviction, be liable to imprisonme nt
for a term from six to twelve years.
(2) The punishment laid down in sub-article (1) shall be
increased by one or two degrees where any person abducts, by fr aud or
seduction, any person under the age of eighteen years.
Where offender 
restores person abducted. 
Amended by: 
VIII.1909.15; 
IV.1994 .4.200. Deleted by Act XIII.2018. 24.
Where offender 
marries person abducted.Non-consent in cases of carnal knowledge and indecent assault. 
Amended by: 
XI.1900.27;
XIII.2018 .24.201.  Unlawful carnal knowledge and any other indecent
assault, shall be presumed to be non-consensual: 
(a) when it is committed on any person under twelve years
of age;
(b) when the person abused was unable to offer resistance
owing to physical or mental infirmity, or for any othercause independent of the act of the offender, or inconsequence of any fraudulent device used by theoffender.
Aggravating 
circumstances.
Amended by.
XI.1900.28;
XX.2005 .11;
IV.2014 .4;
XIII.2018 .24.202.  The punishment prescribed for any of the crimes referred
to in the preceding articles of this sub-title, shall be increa sed by
one to two degrees in each of the following cases:
(a) when the offender has availed himself of his capacity
of public officer, or when the offender is a servant ofthe injured party, with salary or other remuneration, orany person otherwise having abused of his authority overthe injured party;
(b) when the crime is committed by any ascendant, tutor,
or institutor;
(c) when the crime is committed on any prisoner by the
person charged with the custody or conveyance of suchprisoner;
(d) when the offender has, in the commission of the crime,
been aided by one or more persons;
(e) when the offender has, in the commission of the crime,
made use of any arms proper or improper;
(f) when the person on whom the crime is committed, or
any other person who has come to the assistance ofthat person, has sustained any bodily harm;
(g) when the person violated  is a minor;
(h) when the crime is committed on the person of:
(i) the current or former spouse, civil union partner or
cohabitant; or
(ii) the brother or sister; or
                         CRIMINAL CODE               [CAP. 9.            89
(iii) an ascendant or descendant; or
(iv) another person having or having had a child in
common with the offender; or
(v) another person living in the same household as
the offender or who had lived with the offenderwithin a period of three 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 degreeinclusively:
Provided that in this paragraph "spouse" includes the
person whose marriage with the offender has beendissolved or declared null;
(i) when the crime is committed in the presence of, or
within hearing distance of a minor;
(j) the offence, or related offences, were committed
repeatedly;
(k) the offence was committed against a vulnerable person
within the meaning of article 208AC(2);
(l) the offence was committed with the threat of a
weapon;
(m) the offence resulted in severe physical or
psychological harm for the victim;
(n) the offender has been previously convicted of offences
of a similar nature:
Provided that where an aggravation of punishment in
respect of the circumstances mentioned in this article isalready provided for under this Code or any other law, thehigher punishment may be applied.
Defilement of 
minors.  
Amended by:
III. I885.1;
VIII.1909.16; 
XIV .1918.3;
II.1973.4;
XLIX.1981 .4; 
IV.1994 .5;
XXIII.2017 .7.
XIII.2018. 24;
III.2020. 2.203. (1)  Whosoever, by lewd acts, defiles a person who has
not completed the age of sixteen years, shall, on conviction, b e
liable to imprisonment for a term from four to eight years:
Provided that the offence shall be punishable with
imprisonment for a term from six to twelve years, in each of th e
following cases:
(a) if the offence is committed on a person who has not
completed the age of twelve years, or with violence, beit physical or psychological;
(b) if the offence is committed on a person who has not
completed the age of sixteen years by means of threats
or deceit; 
(c) if the offence is committed by any ascendant by
consanguinity or affinity, or by the adoptive parents, or
  
90              CAP. 9.]                       CRIMINAL CODE  
by the tutor, or by any other person charged, even
though temporarily, with the care, education,instruction, control or custody of the person who hasnot completed the age of sixteen years;
(d) when the offender abuses of a recognised position of
trust, authority, influence or during his duties as aprofessional in the possession of an officialqualification and, or warrant to practice as counsellor,educator, family therapist, medical practitioner, nurse,pathologist, psychiatrist, psychologist,psychotherapist, social worker and, or youth workerover the person who has not completed the age ofsixteen years and one of the circumstance referred tobelow occurs:
(i) the offender wilfully or recklessly endangered
the life of the person who has not completed theage of sixteen years;
(ii) the offence involves violence or grievous bodily
harm to such person;
(iii) the offence is committed with the involvement
of a criminal organisation within the meaning ofarticle 83A(1).
Applicability of 
article 197 (4).(2) The provisions of article 197(4) shall also apply in the cas e
of an offence under this article, when the offence is committed  by
any ascendant or tutor.
Complaint of 
injured party.(3) Provided that where the injured party withdraws his
complaint, the Court may decide and direct the continuation ofproceedings against the alleged perpetrator, giving particularconsideration to the best interests of the complainant, any min ors
involved, and any other relevant third parties, and shall cause  such
request and decision to be registered in the records of the cas e:
Provided further that proceedings shall be instituted ex officio
when the act is committed with abuse of parental authority or o f
tutorship.
Instigation, etc., 
of defilement of minors.
Added by:
III.2002 .35.
Amended by:
XIII.2018 .24.203A.  Whosoever, by any means other than those mentioned in
article 203(1), instigates, encourages or facilitates the defil ement of
a minor of either sex, shall, on conviction be liable to impris onment
for a term from three to six years and the provisions of article 203(2)
and (3) shall, mutatis mutandis , apply to an offence under this
article: 
Provided that the offence shall be punishable with
imprisonment for a term from four to eight years in any of the cases
referred to in the proviso to article 203(1).
                         CRIMINAL CODE               [CAP. 9.            91
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;
IV.2014 .5;
XXIII.2017 .8;
XIII.2018 .24.204. (1) Whosoever in order to gratify the lust of any other
person induces a person under age to practise prostitution, orinstigates the defilement of such person, or encourages orfacilitates the prostitution or defilement of such person, shal l, on
conviction, be liable to imprisonment for a term from three to six
years:
Aggravating 
circumstances.Provided that the offence shall be punishable with
imprisonment for a term from six to nine years, in each of thefollowing 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 any one of the adoptive
parents, by the spouse or tutor of the minor, or by any
other person charged, even though temporarily, withthe care, eduction, instruction, control or custody ofthe minor;
(d) if the offence is committed habitually or for gain.
(2) The provisions of article 197(4) shall also apply in the cas e
of any offence under this article, when the offence is committe d by
the spouse, 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.
Amended by:
IV.2014 .6;
XIII.2018 .24.204A.  (1) Whosoever -
(a) with violence, threats, coercion or force compels a
person under age into prostitution or into participatingin a pornographic performance, or
(b) knowingly makes any gain or derives any benefit from
the conduct referred to in paragraph ( a),
shall, on conviction, be liable to imprisonment for a term from  six
to twelve years.
(2) The punishment for the offence in sub-article (1)( b) shall be
increased by one 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 article83A(1);
(d) when the offender abuses of a recognised position of
trust, authority or influence over the person under age.
  
92              CAP. 9.]                       CRIMINAL CODE  
Inducing 
persons under age to prostitution or to participation in a pornographic performance.
Added by:
XXXI.2007 .11.
Amended by:
IV.2014 .7.
XIII.2018 .24.204B.  (1) Whosoever in order to gratify the lust of any other
person engages, recruits or causes a person under age to practi ce
prostitution, or to participate in pornographic performances, o r
profits from or otherwise exploits a person under age for suchpurposes, shall, on conviction, be liable to imprisonment for a  term
from five to ten years.
(2) The offence shall be punishable with imprisonment for a
term from six to twelve years , 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 article83A(1);
(d) when the offender abuses of a recognised position of
trust, authority or influence over the person under age.
Participation in 
sexual activities with persons 
under 
the age of 
sixteen .
Added by:
XXXI.2007 .11.
Amended by:
IV.2014 .8.
Substituted:
XIII.2018 .24.204C.  (1) Whosoever takes part in sexual activities with a
person who has not completed the age of sixteen years shall, onconviction, be liable to imprisonment for a term from five to t en
years.
(2) The punishment for the offence in sub-article (1) shall be
increased by one or two degrees in each of the following cases:
(a) if the offence is committed on a person who has not
completed the age of sixteen years with violence,coercion, force or threats;
(b) where money or other forms of remuneration or
consideration is given as payment in exchange for aperson who has not attained the age of sixteen yearstaking part in sexual activities; or
(c) when the offender abuses of a recognised position of
trust, authority, influence or during his duties as aprofessional in the possession of an officialqualification and, or warrant to practice as counsellor,educator, family therapist, medical practitioner, nurse,pathologist, psychiatrist, psychologist,psychotherapist, social worker and, or youth workerover the person who has not completed the age ofsixteen years and one of the circumstance referred tobelow occurs:
(i) the offender wilfully or recklessly endangered
the life of the person who has not completed theage of sixteen years;
(ii) the offence involves violence or grievous bodily
harm to such person;
(iii) the offence is committed with the involvement
of a criminal organisation within the meaning ofarticle 83A(1).
                         CRIMINAL CODE               [CAP. 9.            93
Unlawful sexual 
activities.
Added by:
VII.2010 .9.
Amended by:
IV.2014 .9;
XIII.2018 .24.204D.  (1)  Whosoever: 
(a) compels, coerces, forces or threatens a person under
age to perform sexual activities with another person,or
(b) knowingly causes, for sexual purposes, a person under
age to witness sexual abuse or sexual activities, evenwithout causing the said person to participate in theactivities, or
(c) knowingly causes, for sexual purposes, a person under
age to participate in real or simulated sexually explicitconduct or exhibition of sexual organs, includingthrough information and communication technologies,or
(d) participates in sexual activities with a person under
age, where recourse is made to child prostitution, or
(e) knowingly attends a pornographic performance
involving the participation of a person under age,
shall, on conviction, be liable to imprisonment for a term from five
to ten years.
(2) The punishment for the offence in sub-article (1) shall be
increased by one degree, 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 article83A(1);
(d) when the offender abuses of a recognised position of
trust, authority or influence over the person under age.
Compelling or 
inducing person of age to prostitution. 
Added by:
XIV .1918.4. 
Amended by: 
XLIX.1981 .4. 
Substituted by: 
IV.1994 .7.
Amended by:
IV.2014 .10;
XIII.2018 .24.205.  Whosoever in order to gratify the lust of any other person,
by the use of violence, compels or, by deceit, induces a person  of
age, to practise prostitution, shall, where the act committed d oes
not constitute a more serious offence, be liable, on conviction , to
imprisonment for a term from three to seven years:
Provided that the offence shall be punishable with
imprisonment for a term of four to nine years , if it is committed - 
(a) with abuse of authority, of trust or of domestic
relations; or
(b) habitually or for gain.
Proof of carnal 
connection. Substituted by:II.1973.6.206. The crimes referred to in this Title to constitute which
there must be a carnal connection shall be deemed to be complet e
by the commencement of the connection, and it shall not benecessary to prove any further acts.
  
94              CAP. 9.]                       CRIMINAL CODE  
Non-consensual 
act of a sexual nature. 
Amended by:
VI.1871.13; XI.1900.30; VIII.1909.17; 
XLIX.1981 .4;
XIII.2018 .24.207.  Whosoever shall be guilty of any non-consensual act of a
sexual nature which does not, in itself, constitute any of the crimes,
either completed or attempted, referred to in the preceding art icles
of this sub-title, shall, on conviction, be liable to imprisonm ent for
a term from three to seven years:
Provided that in the cases referred to in article 202, the
punishment shall be increased by one degree.
Display of 
pornographic material in public places.
Added by: 
XXVII.1975.17. 
Amended by: 
XIII.1983 .5;
L.N. 407 of 
2007 ;
VII.2010 .10.
Substituted by:XXXVII.2016.6.208. (1) Whosoever displays or permits to display any
pornographic material in a public place shall, on conviction, b e
liable to a fine ( multa ) of not less than one thousand euro (€1,000)
and not more than three thousand euro (€3,000).
(2) For the purposes of this article, "public place" means any
place to which the public have or are permitted to have access,whether on payment or otherwise:
Provided that for the purposes of this article a "public
place" shall not include a place to which the public are permit ted to
have access only on payment which is or includes payment for th e
said display, or to a shop or establishment, or to any part of such
shop or establishment, to which the public can only gain access  by
passing beyond an adequate warning notice:
Provided further that these exclusions shall only apply
where minors are not permitted to enter while the display inquestion is continuing. 
(3) This article shall not apply to any material:
Cap. 350(a) that is included by any person in a television
broadcasting service regulated by the Broadcasting
Authority within the meaning of the Broadcasting Act;
or
(b) included in the display of an art gallery or museum and
visible only within the gallery or museum where theorganiser of the display has taken reasonableprecautions for the protection of minors; or
S.L. 542.01(c) included in a film exhibition which is subject to the
Cinema and Stage-Age Classification Regulations ; or
(d) which otherwise serves the public good on the ground
that it is in the interests of science, literature, art orlearning or other objects of general concern.
(4) For the purposes of this article, material shall include
anything capable of being displayed, except that it does not in clude
an actual human body or any part thereof and nothing in this ar ticle
shall be construed as permitting any show of live and actual se xual
activity involving the sexual organs made solely or principally  for
the purpose of sexual arousal. In determining for the purpose o f this
article whether any displayed material is pornographic:
(a) there shall be disregarded any part of that material
which is not exposed to view;
(b) account may be taken of the effect of juxtaposing one
thing with another.
                         CRIMINAL CODE               [CAP. 9.            95
(5) A warning notice shall not be adequate for the purposes of
this article unless it complies with the following requirements :
(a) The warning notice must contain the following words,
and no others:
"WARNING Persons passing beyond this notice will
find material on display which they may considerindecent. No admittance to persons under 18 years ofage.";
(b) the word "WARNING" must appear as a heading;
(c) no pictures or other matter shall appear on the notice;
(d) the notice must be so situated that no one could
reasonably gain access to the shop or establishment, orpart of the shop or establishment in question, withoutbeing aware of the notice and it must easily be legibleby any person gaining such access.
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;
Amended by:
IV.2014 .11;
VIII.2015 .9;
XXIII.2017 .9.208A.  (1) Any citizen or permanent resident of Malta whether in
Malta or outside Malta, as well as any person in Malta, who mak es
or produces or permits to be made or produced any indecentmaterial or produces, distributes, disseminates, imports, expor ts,
offers, sells, supplies, transmits, makes available, procures f or
oneself or for another, or shows such indecent material shall, on
conviction, be liable imprisonment for a term from twelve month s
to five years.
(1A) The offence in sub-article (1) shall be punishable with
imprisonment for a term from two to eight years, with or withou t
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 article83A(1).
(1B) Any person who acquires, knowingly obtains access
through information and communication technologies to, or is inpossession of, any indecent material which shows, depicts orrepresents a person under age, shall, on conviction, be liable to
imprisonment for a term from not exceeding three years.
(1C) For the purposes of sub-article (1) the expression
"permanent resident" shall have the same meaning assigned to it  by
article 5(1)( d).
(2) A photograph, film, video recording or electronic image
shall, if it shows a person under age and is indecent, be treat ed for
all purposes of this article as an indecent photograph, film, v ideo
recording or electronic image.
(3) Where the offences in sub-articles (1) and (1B) are
committed by any ascendant by consanguinity or affinity, or by any
  
96              CAP. 9.]                       CRIMINAL CODE  
one of the adoptive parents, or by the tutor, or by any other p erson
charged, even though temporarily, with the care, education,instruction, control or custody of the person under age shown,depicted or represented in the indecent material, or where suchperson under age has not completed the age of nine years or whe re
the indecent material shows, depicts or represents a minor invo lved
in acts of bestiality, brutality, sadism or torture:
(a) in the case of the offence in sub-article (1), the
punishment shall be of imprisonment for a term fromtwo to nine years, and
(b) in the case of the offence in sub-article (1B), the
punishment shall be of imprisonment for a term fromsix months to four years,
and the provisions of article 197(4) shall also apply.
(4) Where a person is charged with distributing or showing, or
with being in possession of, any indecent material under sub-ar ticle
(1), it shall be a defence for him to prove that he had a legit imate
reason for distributing or showing, or for having in his posses sion,
such indecent material, or that he had not himself seen the ind ecent
material, and neither knew nor had any reason to suspect them t o 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 personagainst 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 recordin gs,
digitally created or electronic images, drawings, cartoons, tex t and
simulated representations or realistic images of a minor, or an y
material that visually depicts any person appearing to be a chi ld,
even if the minor is non-existent, or of the sexual parts of a child
for primarily sexual purposes.
Solicitation of 
person  under 
age.
Added by:
VII.2010 .12.
Amended by:
IV.2014 .12.
XIII.2018 .24.208AA.  (1) Whosoever, by means of information and
communication technologies, proposes to meet a person under agefor the purpose of committing any of the offences in articles 2 04,
204A to 204D, both inclusive, and 208A, shall, where the propos al
is followed by material acts leading to such a meeting, be liab le on
conviction to imprisonment for a term from three to six years.
(2) The punishment for the offence in sub-article (1) shall be
increased by one degree, 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 article83A(1);
                         CRIMINAL CODE               [CAP. 9.            97
(d) when the offender abuses of a recognised position of
trust, authority or influence over the person under age.
Advertisement 
of sexual tourism.
Added by:
VII.2010 .12.
Amended by:
IV.2014 .13.208AB.  (1) Whosoever disseminates any materials advertising
the opportunity to commit any of the offences under articles 20 4,
204A to 204C, both inclusive, 208A(1) and 208A(1A), or isinvolved in the organization of travel arrangements with thepurpose of committing any of the said offences, shall, onconviction, be liable to imprisonment for a term from two to fi ve
years.
(2) The punishment for the offence in sub-article (1) 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 article83A(1);
(d) when the offender abuses of a recognised position of
trust, authority or influence over the person under age.
Aggravating 
circumstances.
Added by:
VII.2010 .12.
Amended by:
IV.2014 .14.208AC.  (1) The punishment for the offences referred to in
articles 204, 204A to 204D, both inclusive, 208A(1) to 208AB,both inclusive, shall be increased by one to two degrees in eac h of
the following cases:
(a) where the offence involved the use of violence or results
in harm to the physical or me ntal health of the person
under age;
(b) where the person under age is a vulnerable person
within the meaning of sub-article (2);
(c) where the offence is committed by two or more
persons acting together;
(d) in any of the circumstances described in article 202( a),
(b), (c) and ( h);
(e) if the offender lives with or is a member of the victim’s
family;
(f) if the offender has been previously convicted of an
offence under this sub-title;
(g) where the offence is committed by a member of the
child’s family, a person cohabiting with the child or aperson who has abused a recognised position of trustor authority;
(h) where the offence was committed within the
framework of a criminal organisation within themeaning of Council Framework Decision 2008/841JHA of 24 October 2008 on the fight againstorganised crime;
  
98              CAP. 9.]                       CRIMINAL CODE  
(i) where the offender has deliberately or recklessly
endangered the life of a child:
Provided that where an aggravation of punishment in
respect of the circumstances mentioned in this article is alrea dy
provided for under this Code or any other law, the higherpunishment shall be applied.
(2) For the purposes of this article a vulnerable person means:
(a) any person under the age of fifteen years; or
(b) any person suffering from a physical or mental
infirmity; or
(c) any other person considered by the court to be
particularly at risk of being induced into cooperatingwith the offender or into surrendering to the offender’swill when taking into account the person’s age,maturity, health, pregnancy, disability, social or otherconditions including any situation of dependence, aswell as the physical or psychological consequence ofthe offence on that person.
Provisions 
applicable to articles 203 to 
204D and 208A to 208AB of the 
Code.
Added by:
XXXI.2007 .13.
Amended by:
VII.2010 .13;
IV.2014 .15;
VIII.2015 .10;
III.2020. 3.208B.  (1) The following provisions shall apply to the offences
under articles 203 to 204D, both inclusive, and article 208A(1) ,
(1A), (1B), 208AA and 208AB.
(2) In addition to the punishment established for the said
offences, the Court may order that the offender be temporarily or
permanently prevented from exercising at least professionalactivities involving direct or regular contact with children.
(2A)  Where the court makes an order under sub-article (2) such
order shall be registered in any criminal record of the offende r.
(2B)  Where the person convicted of any of the offences
mentioned in sub-article (1) is the subject of an order as thatprovided for by sub-article (2) made by a foreign court the cou rt
shall order that effect shall be given to the order made by theforeign court as if it were an order made by the court under su b-
article (2).
(3) The provisions of articles 121D, 248E(4) and 248E(6) 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 Maltes e
courts shall also have jurisdiction over the said offences wher e:
(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 thebenefit of a body corporate registered in Malta; or
(c) the offence was committed by means of a computer
system accessed from Malta notwithstanding that suchcomputer system may be outside Malta; or
                         CRIMINAL CODE               [CAP. 9.            99
(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 onwhich the victim attains the age of majority.
(7) For the purposes of this article, the phrase "permanent
resident" shall have the same meaning assigned to it by article5(1)( d).
Aiding and 
abetting.
Added by:
IV.2014 .16.208C.  Whosoever aids, abets or instigates any offence under
articles 204, 204A to 204D, both inclusive, and articles 208A t o
208AB, both inclusive, shall be guilty of an offence and shall be
liable on conviction to the punishment laid down for the offenc e
aided, abetted or instigated.
Offences 
relating to  extreme pornographic  images. 
Added by:
XXXVII.2016.7.208D. (1) Whosoever, for gain, distribution, or for display in a
public place or in a place accessible to the public, manufactur es,
prints, or otherwise makes, or introduces into Malta, or acquir es,
keeps, puts into circulation or exports, any extreme pornograph ic
image shall, on conviction, be liable to imprisonment for a ter m
from eighteen months to three years or to a fine ( multa ) of not less
than three thousand euro (€3,000) and not more than six thousan d
euro (€6,000), or to both such imprisonment and fine.
(2) Whosoever trades in any image mentioned in sub-article
(1), even if such trade is clandestine, or distributes any such  image
or displays any such image in public or in a place accessible t o the
public, shall, on conviction, be liable to the punishment presc ribed
in sub-article (1).
(3) It is a defence for a person charged with an offence under
this article to show that:
(a) he had a legitimate reason for being in possession of
the image concerned;
(b) he had not seen the image concerned in any material,
article or communication obtained or received by himand did not know, nor had any cause to suspect thatsuch material, article or communication contained anextreme pornographic image;
(c) he was sent the image concerned without any prior
request having been made by him or on his behalf:
Provided that it shall not be a defence under this
paragraph if such person has seen, or is reasonablysuspected to have seen the image, and kept the imageconcerned for an unreasonable amount of time;
(d) he directly and consentingly participated in the act
depicted in the image:
Provided that it shall not be a defence under this
paragraph if such person shows, gives or offers for salethe image to any person who was not a directparticipant in the act depicted:
Provided further that it shall neither be a defence
  
100              CAP. 9.]                       CRIMINAL CODE  
under this paragraph if the act depicted in the image
involves: 
(i) an act of rape or other non-consensual
penetrative activity;
(ii) an act of necrophilia or bestiality;
(iii) a sexual act or image involving a minor.
(4) For the purposes of this article an image shall be regarded
as an extreme pornographic image if it is so described or defin ed by
regulations made under sub-article (5) or is otherwise to be soregarded in accordance with any regulation made as aforesaid.
(5) The Minister responsible for justice shall make regulations
for the purpose of describing or defining or otherwise establis hing
what is to be regarded as an extreme pornographic image for thepurposes of this article and may by such regulations makeprovision regarding the criteria to be followed for that purpos e and
may make different provisions for different circumstances anddifferent purposes.
Non-consensual 
taking or disclosure of private sexual photographs and films.
Added by:
XXXVII.2016.7.
Amended by:
XIII.2018 .24;
XXIV .2019 .4.208E. (1) Whosoever, with an intent to cause distress, emotional
harm or harm of any nature, takes or discloses a private sexualphotograph or film without the consent of the person or personsdisplayed or depicted in such photograph or film shall onconviction be liable to imprisonment for a term of up to five years or
to a fine ( multa ) of not less than four thous and euro (€4,000) and not
more than eight thousand euro (€8,000), or to both suchimprisonment and fine.
(2) A person shall not be guilty of an offence under this artic le
if:
(a) he has disclosed the sexual photograph or film where
the sexual photograph or film were taken with theconsent of the person or persons displayed or depicted insuch photograph or film, solely to the person or persons
displayed or depicted in such photograph or film; or
(b) the disclosure was necessary for the purpose of
preventing, detecting or investigating a crime; or
(c) to the extent that it is reasonably required, the
disclosure is authorised by a court or tribunal in thecourse of judicial proceedings:
Provided that where authorisation is so granted by a court
or tribunal, the sexual photograph or film shall, without delay , be
sealed by the registrar or deputy registrar of that court or tr ibunal
and shall only be accessible by the parties to the suit or to t heir
authorised legal representatives.
(3) When the offence provided for in this article is committed
as a means or in the context of blackmail the punishment shall be
increased by one degree.
(4) In this article:"taking" shall refer to the unauthorised taking of sexual priva te
                         CRIMINAL CODE               [CAP. 9.            101
photos and films, by any means;
"disclosure" shall be construed as also including the publicati on,
distribution, trade, circulation or unauthorised use of private  sexual
photographs and films, by any means;
"private" shall refer to any photograph or film which was never
intended for public consumption;
"sexual" shall include the depiction of all or part of a person ’s
exposed genitals or pubic area, or, in the case of females, of the
breasts, or of any content that, when taken as a whole, a reaso nable
person would consider to be sexual because of its nature;
"photograph or film" means a moving or still image or data,
stored by any means, which is capable of conversion into a movi ng
or still image.
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, sh all
commit an offence against decency or morals, by any actcommitted in a public place or in a place exposed to the public ,
shall, on conviction, be liable to imprisonment for a term notexceeding three months and to a fine ( multa ).
Non-
applicability of article 21.
Added by:
IV.2014 .17.209A.  The provisions of article 21 shall not apply in the case
where a person is found guilty of an offence under this subtitl e.
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 .4.210.  Any person found guilty of kidnapping, or concealing, an
infant, or of suppressing its birth, or of substituting one inf ant for
another, or of suppositiously representing an infant to have be en
born of a woman who had not been delivered of a child, shall, o n
conviction, be liable to imprisonment for a term from eighteenmonths to three years.
Title VIII
OF CRIMES AGAINST THE PERSON
Sub-title I
OF WILFUL HOMICIDE
  
102              CAP. 9.]                       CRIMINAL CODE  
Wilful homicide. 
Amended by: 
V .1868.7; XXI.1971.19; 
XLIX.1981 .4.211. (1) Whosoever shall be guilty of wilful homicide shall be
punished with imprisonment for life.
Definition 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 o ther
person in manifest jeopardy, he causes the death of such otherperson.
Death outside 
the jurisdiction, of a person stricken within the jurisdiction.(3) Where the offender gives cause to the death of a person
within the limits of the territorial jurisdiction of Malta, thehomicide shall be deemed to be wholly completed within the limi ts
of the said jurisdiction, notwithstanding that the death of suc h
person occurs outside such limits.
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.212.  The provisions contained in the last preceding article shall
also apply even though the offender did not intend to cause thedeath of any particular person, or, by mistake or accident, sha ll
have killed some person other than the person whom he intended to
kill.
Inciting or 
helping others to commit suicide. 
Added by: 
XI.1900.31. 
Amended by: 
XLIX.1981 .4.213.  Whosoever shall prevail on any person to commit suicide
or shall give him any assistance, shall, if the suicide takes p lace, be
liable, on conviction, to imprisonment for a term not exceedingtwelve years.
Sub-title II
OF WILFUL OFFENCES AGAINST THE PERSON
Bodily harm. 
Amended by:
XI.1900.32.214.  Whosoever, without intent to kill or to put the life of any
person in manifest jeopardy, shall cause harm to the body or he alth
of another person, or shall cause to such other person a mentalderangement, shall be guilty of bodily harm.
Grievous or 
slight bodily harm.215.  A bodily harm may be either grievous or slight.
Grievous bodily 
harm. 
Amended by: 
V .1868.8; VI.1871.14; XI.1900.32; 
XLIX.1981 .4;
XIII.2018 .24.216.  (1) A bodily harm is deemed to be grievous and is
punishable with imprisonment for a term from one year to sevenyears - 
(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 ofthe body; or
(iii) any permanent defect in any part of the physical
structure of the body; or
                         CRIMINAL CODE               [CAP. 9.            103
(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 ofthe 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 injuredis incapacitated, for a like period, from attending to hisoccupation;
(e) if, being committed on a woman with child, it hastens
delivery.
(2) Where the person injured shall have recovered without ever
having been, during the illness, in actual danger of life or of  the
effects mentioned in sub-article (1)( a), it shall be deemed that the
harm could have given rise to such danger only where the dangerwas 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;
XIII.2018 .24. 
Cap. 446.217.  A grievous bodily harm is punishable with imprisonment
for a term from two to ten years if it is committed with arms proper,
or with a cutting or pointed instrument, or by means of anyexplosive, or any burning or corrosive fluid or substance:
Provided that where the offence is committed by means of any
explosive fluid or substance the minimum punishment shall beimprisonment for four 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;
XIII.2018 .24.218. (1) A grievous bodily harm is punishable with
imprisonment for a term from five to ten years - 
(a) if it causes any permanent debility of the health or any
permanent functional debility of any organ of thebody, or any permanent defect in any part of thephysical structure of the body, or any permanentmental infirmity;
(b) if it causes any serious and permanent disfigurement
of the face, neck, or either of the hands of the personinjured;
(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 disfigurem ent,
or defect shall be deemed to be permanent even when it is proba bly
so.
(3) The punishment for the offences referred to in sub-article
(1) shall be that established in article 312(2) if the bodily h arm is
committed by means of any explosive fluid or substance.
  
104              CAP. 9.]                       CRIMINAL CODE  
Decrease of 
punishment in case of supervening accidental cause. 
Amended by: 
V .1868.10; XI.1900.32.219.  The punishments laid down in articles 216 and 218 shall
be decreased by one or two degrees if a supervening accidentalcause has contributed to produce the effects mentioned in the s aid
articles.
Grievous bodily 
harm from which death ensues.
Amended by: 
V .1868.11; XI.1900.32; 
XLIX.1981 .4;
XIII.2018 .24.220. (1) Whosoever shall be guilty of a grievous bodily harm
from which death shall ensue solely as a result of the nature o r the
natural consequences of the harm and not of any superveningaccidental cause, shall be liable - 
(a) to imprisonment for a term from six to twenty years, if
death shall ensue within forty days to be reckonedfrom the midnight immediately preceding the crime;
(b) to imprisonment for a term from six to twelve years, if
death shall ensue after the said forty days, but withinone year to be reckoned as above.
(2) If death shall ensue as a result of a supervening accidental
cause and not solely as a result of the nature or the naturalconsequences of the harm, the offender shall, on conviction, beliable to imprisonment for a term from five to ten years.
(3) If the bodily harm is inflicted within the limits of the
territorial jurisdiction of Malta, the crime shall be held to h ave
been completed within those limits, even if the death of the pe rson
injured shall occur outside those limits.
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;
XIII.2018 .24;
XXXII.2018 .5.221. (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 two years, or with a fine ( multa ).
(2) Where the offence is committed by any of the means
referred to in article 217, it shall be punishable with impriso nment
for a term from two to seven years.
Where effect of 
bodily harm is of small consequence.(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 onany of the persons mentioned in article 222(1)( a) and
(b);
(b) the punishments established for contraventions, in any
other case.
Complaint by 
injured party.(4) In the cases referred to in sub-articles (1) and (3),
proceedings may not be taken except on the complaint of theinjured party, unless the offence is committed on any of the pe rsons
mentioned in article 222(1)( a) and ( b).
                         CRIMINAL CODE               [CAP. 9.            105
Aggravating 
circumstances. 
Amended by:
VIII.1857.4;
XXXII.1986 .2;
III.2002 .37;
XX.2005 .13;
XXII.2010 .11;
XXIII.2017 .10.222. (1) The punishments established in articles 216, 217, 218
and 220, and in sub-articles (1) and (2) of the last preceding article
shall be increased by one degree when the harm is committed -
(a) on the person of any one of the parents or any other
legitimate and natural ascendant, or on the person of alegitimate and natural brother or sister, or on theperson of any one of the spouses, or on the person ofany one of the natural parents, or on any personmentioned 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 onaccount of such evidence or opinion, or on the personof 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 anofficer or employee of a body corporate established by
law and the offence was committed because of thatperson having exercised his functions;
Cap. 389.(d) on the person of whosoever was exercising his lawful
duties as a private guard, a specialised private guard orcommunity officer in accordance with the provisionsof the 
Private  Guards and Community Of ficers Act.
No increase of 
punishment in case of mistake or accident.(2) Nevertheless, no increase of punishment shall take place
where the offender, without intent to cause harm to any particu lar
person, or with intent to cause harm to some other person, shal l, by
mistake or accident, cause harm to any of the persons referred to in
sub-article (1)( a) and (b).
Increase of 
punishment in certain cases. 
Added by: 
XXIX.1990 .7.
Amended by:
III.2002 .38;
XI.2009 .5;
XXXI.2014 .2;
XXIV .2014 .24;
VIII.2015 .11;
XIII.2018 .24.222A. (1) The punishments established in the foregoing
provisions of this sub-title shall be increased by one or two d egrees
when the harm is committed on a person who has attained the ageof sixty years or on a person suffering from a degree of physic al or
mental infirmity in consequence of which he is unable to defendhimself adequately:
Provided that the provisions of this article shall not apply wh ere
an aggravation of punishment is already provided for under this  Code or
any other law.
(2) The punishments established in the foregoing provisions of
this sub-title shall also be increased by one to two degrees wh en the
offence is aggravated or motivated on the grounds of gender, ge nder
identity, sexual orientation, race, colour, language, national or ethnic
origin, citizenship, religion or belief or political or other o pinion.
(3) An offence is aggravated or motivated on grounds of gender,
gender identity, sexual orientation, race, colour, language, na tional or
ethnic origin, citizenship, religion or belief or political or other opinion
if:
(a) at the time of committing the offence, or immediately
before or after the commission of the offence, theoffender demonstrates towards the victim of theoffence hostility, aversion or contempt based on the
  
106              CAP. 9.]                       CRIMINAL CODE  
victim’s membership (or presumed membership) of a
group, denoting a particular gender, gender identity, sexualorientation, race, colour, language, national or ethnicorigin, citizenship, religion or belief or political or otheropinion ; or
(b) the offence is motivated, wholly or partly, by hostility,
aversion or contempt towards members of a group as
referred to in paragraph ( a).
(4) In sub-article (3)( a):
"membership", in relation to a group, includes
association with members of that group;
"presumed" means presumed by the offender. 
(5) It is immaterial for the purposes of sub-article (3)( a) or ( b)
whether or not the offender’s hostility is also based, to any e xtent,
on any other factor not mentioned in that those paragraphs.
(6) In this article:
"racial group" means a group of persons defined by
reference to race, descent, colour, nationality(including citizenship) or ethnic or national origins;
"religious group" means a group of persons defined by
reference to religious belief or lack of religious belief.
(7) The punishment prescribed for any of the crimes referred to
in the preceding articles of this sub-title shall be increased by one
to two degrees in the applicable cases referred to in article 2 02,
provided that where an aggravation of punishment in respect of the
circumstances mentioned in this article is already provided forunder this Code or any other law, the higher punishment may beapplied.
Sub-title III
OF JUSTIFIABLE HOMICIDE OR BODILY HARM
Justifiable 
homicide or bodily harm.223.  No offence is committed when a homicide or a bodily
harm is ordered or permitted by law or by a lawful authority, o r is
imposed by actual necessity either in lawful self-defence or in  the
lawful defence of another person.
Cases of lawful 
defence.224.  Cases of actual necessity of lawful defence shall include
the following:
(a) where the homicide or bodily harm is committed in the
act of repelling, during the night-time, the scaling orbreaking of enclosures, walls, or the entrance doors ofany house or inhabited apartment, or of theappurtenances thereof having a direct or an indirectcommunication with such house or apartment;
(b) where the homicide or bodily harm is committed in the
                         CRIMINAL CODE               [CAP. 9.            107
act of defence against any person committing theft or
plunder, with violence, or attempting to commit suchtheft or plunder;
(c) where the homicide or bodily harm is imposed by the
actual necessity of the defence of one’s own chastity orof the chastity of another person.
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;
XIV.2017 .7.225. (1) Whosoever, through imprudence, carelessness,
unskilfulness in his art or profession, or non-observance ofregulations, causes the death of any person, shall, on convicti on, be
liable to imprisonment for a term not exceeding four years or t o 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 th e
offender has also caused bodily harm to another person or otherpersons the punishment shall be that of imprisonment of a term of
up 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 .226. (1) Where from any of the causes referred to in the last
preceding article a bodily harm shall ensue, the offender shall , on
conviction, be liable - 
(a) if the harm is grievous and produces the effects
mentioned in article 218, to imprisonment for a termnot exceeding one year or to a fine ( multa ) not
exceeding four thousand and six hundred and fifty-eighteuro 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 notexceeding six months or to a fine ( multa ) not exceeding
two thousand and three hundred and twenty-nine euroand 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 sub-article (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 .8.226A.  Where a person gives cause to a death or bodily harm
mentioned in the foregoing provisions of this sub-title in the course
of the execution by him of a theft or in the course of an attem pted
theft, or immediately after the commission of such theft or suc h
attempt while he is fleeing from the place where the theft wascommitted or attempted, he shall, without prejudice to any liab ility
incurred by him in relation to the theft or attempted theft andsaving the provisions of article 17, on conviction, be liable -  
  
108              CAP. 9.]                       CRIMINAL CODE  
(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 byone or two degrees.
Explosive fluid 
or substance.
Added by:
VIII.2008 .17.226B.  Where any of the offences in articles 225, 226 and 226A
has been committed by any explosive fluid or substance, thepunishment laid down for the offence shall be increased by two to
three degrees.
Sub-title V
OF EXCUSES FOR THE CRIMES REFERRED TO IN THE 
FOREGOING SUB-TITLES OF THIS TITLE
Cases of excusable wilful homicide. 
Amended by:
V .1868.12; VIII.1909.21;
XLIX.1981 .4;
III.2002 .41.227.  Wilful homicide shall be excusable - 
(a) where it is provoked by a grievous bodily harm, or by
any crime whatsoever against the person, punishablewith more than one year’s imprisonment;
(b) where it is committed in repelling, during the day-
time, the scaling or breaking of enclosures, walls, orthe entrance of any house or inhabited apartment, orthe appurtenances thereof having a direct or an indirectcommunication with such house or apartment;
(c) where it is committed by any person acting under the
first transport of a sudden passion or mentalexcitement 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 factattributable to heat of blood and not to a deliberateintention to kill or to cause a serious injury to theperson, and the cause be such as would, in persons ofordinary temperament, commonly produce the effectof rendering them incapable of reflecting on theconsequences of the crime;
(d) where it is committed by any person who, acting under
the circumstances mentioned in article 223, shall haveexceeded 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 beingtaken unawares, or to fear or fright.
                         CRIMINAL CODE               [CAP. 9.            109
Punishment for 
excusable wilful homicide. 
Amended by: 
V .1868.13;VIII.1909.22;
III.2002 .42.228.  (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 exceedi ng
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 t wenty
years.
(3) In the case of wilful homicide excusable in terms of
paragraph ( d) of the last preceding article, the offender shall, on
conviction, be liable to imprisonment for a term not exceedingtwelve years.
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 injurybefore any provocation shall have taken place.
Excusable 
bodily harm.  
Amended by: 
V .1868.14; VIII.1909.23.230.  The crime of wilful bodily harm shall be excusable - 
(a) in the cases mentioned as excuses for wilful homicide
in article 227( a) and ( b);
(b) in the cases mentioned as excuses for wilful homicide
in article 227( c);
(c) if it is provoked by any crime whatsoever against the
person;
(d) in the cases mentioned as excuses for wilful homicide
in article 227( d).
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 anysupervening accidental cause, to imprisonmentfor 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 naturalconsequences of the harm, to imprisonment for aterm not exceeding six months;
(b) if the harm is grievous and produces the effects
mentioned in article 218, to imprisonment for a termnot exceeding six months;
(c) if the harm is grievous without the effects mentioned
  
110              CAP. 9.]                       CRIMINAL CODE  
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 sub-article (1), if the harm is
slight, no proceedings shall be instituted.
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 .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 crimewhen 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 thepersons mentioned in article 222( a) and ( b), or on any
of the persons mentioned in article 222A, toimprisonment 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, toimprisonment for a term not exceeding one month orto 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 forcontraventions, the period of detention shall notexceed twenty days and the amount of the fine
(ammenda ) shall not exceed six euro and ninety-nine
cents (6.99).
in paragraph (d) 
of s. 230. 
Added by: 
VIII.1909.24.233.  (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 establishedfor 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 imprisonmentfor a term not exceeding two months.
(2) In the cases referred to in sub-article (1) if the harm is slight
and is not committed by any of the means referred to in article  217,
no punishment shall be awarded.
                         CRIMINAL CODE               [CAP. 9.            111
Admissibility of 
excuse in case of homicide or bodily harm caused to person other than the intended victim. 
Amended by: 
XI.1900.34.234. Whosoever shall, by mistake or accident, commit a
homicide or cause a bodily harm on a person other than that aga inst
whom the act was intended, shall have the benefit of any excusewhich would decrease the punishment for the crime if it werecommitted to the prejudice of the person against whom the act w as
intended.
When 
provocation may be pleaded. 
Amended by: 
V .1868.14.235.  The provocations referred to in articles 227 and 230 shall
not benefit the offender, unless they shall have taken place at  the
time of the act in excuse whereof they are pleaded.
Homicide or 
bodily harm caused by husband on adulterous wife and adulterer.236.  Repealed by: XXIX.1990 .10.
Homicide or 
bodily harm in accidental affray. 
Amended by: 
VIII.1857.8; VI.1871.18; III.1885.2; XI.1900.35; 
XLIX.1981 .4. 237.  Where in an accidental affray a homicide or bodily harm
is committed and it is not known who is the author thereof, eac h
person who shall have taken an active part against the deceased  or
the person injured shall, on conviction, be liable - 
(a) in the case of homicide, to imprisonment for a term not
exceeding three years;
(b) in the case of a grievous bodily harm producing the
effects mentioned in article 218, to imprisonment for a
term not exceeding one year;
(c) in the case of a grievous bodily harm without the
effects mentioned in article 218, to imprisonment for a
term not exceeding three months;
(d) in the case of a slight bodily harm, to the punishments
established for contraventions:
Provided that, in the case of homicide, the person or
persons who shall have inflicted on the party killed a bodily h arm
from which death might have ensued, shall, on conviction, be li able
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.1900.35.238.  Whosoever shall provoke a tumult or an affray for the
purpose of committing a homicide or of causing a bodily harm,shall, on conviction, be liable -
(a) if any person is killed, to the punishment established
for wilful homicide;
(b) if any person suffers a bodily harm, to the punishment
established for such bodily harm increased by onedegree. 
Sub-title VI
OF THE CONCEALMENT OF HOMICIDE OR BODILY HARM, AND 
OF THE CONCEALMENT OF DEAD BODIES
  
112              CAP. 9.]                       CRIMINAL CODE  
Concealing body 
of person killed.239.  Whosoever shall knowingly conceal the body of a person
whose death has been caused by a crime, shall, on conviction, b e
liable to imprisonment for a term from four to six months.
Concealing birth 
of child. 
Amended by: 
IV.1994 .8.240.  Any person who, immediately after the delivery of a child,
shall, by secretly burying or otherwise disposing of the dead b ody
of the child, endeavour to conceal the birth thereof, shall, onconviction, be liable to impriso nment for a term from four mont hs
to one year. 
Sub-title VII
Substituted by:
III.2002 .43.OF ABORTION, OF THE ADMINISTRATION OR SUPPLYING OF 
SUBSTANCES POISONOUS OR INJURIOUS TO HEALTH, AND OF 
THE SPREADING OF DISEASE
Procuring miscarriage . 
Amended by: 
XLIX.1981 .4.241. (1) Whosoever, by any food, drink, medicine, or by
violence, or by any other means whatsoever, shall cause themiscarriage of any woman with child, whether the woman beconsenting or not, shall, on conviction, be liable to imprisonm ent
for a term from eighteen months to three years.
(2) The same punishment shall be awarded against any woman
who shall procure her own miscarriage, or who shall haveconsented to the use of the means by which the miscarriage isprocured.
Death or 
grievous bodily harm caused by means used for miscarriage.
Amended by:
III.2002 .44.242.  If the means used shall cause the death of the woman, or
shall cause a serious injury to her person, whether the miscarr iage
has taken place or not, the offender shall, on conviction, be l iable to
the punishment applicable to wilful homicide or wilful bodilyharm, diminished by one to three degrees.
Where 
physician, etc., prescribes or administers means for causing miscarriage. 
Amended by: 
XLIX.1981 .4.243.  Any physician, surgeon, obstetrician, or apothecary, who
shall have knowingly prescribed or administered the meanswhereby the miscarriage is procured, shall, on conviction, be l iable
to imprisonment for a term from eighteen months to four years, and
to perpetual interdiction from the exercise of his profession.
Culpable 
miscarriage.
Added by:
III.2002 .45.
Amended by:
L.N. 407 of 
2007 .243A.  Whosoever, through imprudence, carelessness,
unskilfulness in his art or profession, or non-observance ofregulations, causes the miscarriage of a woman with child, shal l, 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).
Administering 
or causing others to take substances injurious to health. 
Amended by: 
XLIX.1981 .4.244.  Whosoever shall, in any manner, maliciously administer
to, or cause to be taken by another person any poisonous or nox ious
substance capable of causing any harm or injury to health, shal l, on
conviction, be liable to imprisonment for a term from thirteenmonths to two years, provided the offence does not in itselfconstitute the offence of homicide, completed or attempted, or a
serious injury to the person.
                         CRIMINAL CODE               [CAP. 9.            113
Transmission, 
communication. etc., of disease.
Added by:
III.2002 .46.
Amended by:
L.N. 407 of 
2007 .244A.  (1) Any person who, knowing that he suffers from, or is
afflicted by, any disease or condition as may be specified inaccordance with sub-article (3), in any manner knowinglytransmits, communicates or passes on such disease or condition to
any other person not otherwise suffering from it or afflicted b y it,
shall, on conviction, be liable to imprisonment for a term from  four
year to nine years:
Provided that where the other person dies as a result of such
disease or condition, the offender shall be liable to the punis hment
established in article 211(1).
(2) Where any such disease or condition as is referred to in
sub-article (1) is transmitted, communicated or passed on throu gh
imprudence, carelessness or through non-observance of anyregulation by the person who knew or should have known that hesuffers there from or is afflicted thereby that person shall onconviction be liable to imprisonment for a term not exceeding s ix
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 punis hments
established in article 225.
(3) The Minister responsible for justice shall, by notice in the
Gazette, specify diseases or conditions to which this article a pplies.
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.1947.9.245.  Where a woman by any wilful act or omission causes the
death of her child, being a child under the age of twelve month s,
but at the time of the act or omission the balance of her mind was
disturbed by reason of her not having fully recovered from theeffects of giving birth to the child or by reason of the effect s of
lactation consequent upon the birth of the child, then,notwithstanding that the circumstances were such that but for t his
article the offence would have amounted to wilful homicide, sheshall be guilty of infanticide and shall be liable to the punis hment
of imprisonment for a term not exceeding twenty years.
Abandoning or 
exposing child under seven years. 
Amended by: 
XLIX.1981 .4.246.  Whosoever shall be guilty of abandoning or exposing any
child under the age of seven years shall be liable to imprisonm ent
for a term from seven months to one year.
  
114              CAP. 9.]                       CRIMINAL CODE  
If child dies or 
sustains injury. 
Amended by: 
IX.1859.I6; V .1868.16;VI.1947.10;
III.2002 .48.247. (1) Saving the provisions of article 245, where, in
consequence of the abandonment or exposure of the child, suchchild dies or sustains a bodily injury, the offender shall be d eemed,
in the first case, to be guilty of wilful homicide, and, in the  second
case, to be guilty of wilful bodily harm, and shall be subject to the
provisions relating to homicide and bodily harm respectively; b ut
the punishment shall be diminished by one degree.
Abandoning or 
exposing child without danger to life or limb.(2) Where the abandonment or the exposure of a child as
provided in this article shall not have taken place undercircumstances of manifest danger either to the life or to the p erson
of the child so abandoned or exposed, the punishment shall bediminished by two degrees:
Provided that where the punishment prescribed in sub-
articles (1) and (2), be not heavier than the punishment prescr ibed
in the last preceding article, the offender shall, on convictio n, be
liable to the punishment prescribed in the latter article, incr eased
by one degree.
Ill-treatment or 
neglect of child under sixteen years
Added by:
III.2002 .49;
Amended by:
III.2020. 4.247A.  (1) Whosoever, having the responsibility of any child
under sixteen years of age, by means of persistent acts ofcommission or omission ill-treats the child or causes or allows  the
ill-treatment by similar means of the child shall, unless the f act
constitutes a more serious offence under any other provision of  this
Code, be liable on conviction to imprisonment for a term notexceeding two years.
(2) For the purposes of sub-article (1), ill-treatment includes
neglecting the child’s need for adequate nutrition, clothing, s helter,
and protection from harm, persistently offending the child’s di gnity
and self-esteem in a serious manner and persistently imposing u pon
the child age-inappropriate tasks or hard physical labour.
(3) The provisions of article 197(4) shall also apply in the cas e
of an offence under this article, when the offence is committed  by
any ascendant or tutor.
Failure to take 
care of foundling or to 
make report 
thereof.248. Whosoever, having found a newly born child, shall fail to
provide for its immediate safety, or, having assumed the carethereof, shall not, within twenty-four hours, deliver the same,  or
give information thereof, to the Executive Police, shall, onconviction, be liable, in the first case, to imprisonment for a  term
from four to six months, and, in the second case, to imprisonme nt
for a term from one to three months:
Provided that in either case, the court may, in its discretion,
award a fine ( multa  or ammenda ) in lieu of imprisonment. 
                         CRIMINAL CODE               [CAP. 9.            115
Added by:
VII.2010 .15.GENERAL PROVISION APPLICABLE TO OFFENCES 
UNDER SUB-TITLES I TO V , BOTH INCLUSIVE, 
AND SUB-TITLE VIII
Disability in 
case of offences against persons under age.
Added by:
VII.2010 .15.248 Bis . The provisions of article 208B(2) and (2A) shall apply
to any person found guilty of any offence under Sub-titles I to  V ,
both inclusive, and Sub-title VIII when committed against a per son
under age.
Added by:
III.2002 .50.Sub-title VIII BIS
 OF THE TRAFFIC OF PERSONS
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;
XVIII.2013 .2;
XIII.2018 .24.248A. (1) Whosoever, by any means mentioned in sub-article
(2), traffics a person of age for the purpose of exploiting tha t
person in:
(a) the production of goods or provision of services; or
(b) slavery or practices similar to slavery; or
(c) servitude or forced labour ; or
(d) activities associated with begging; or
(e) any other unlawful activities not specifically provided
for elsewhere under this sub-title,
shall, on conviction, be liable to the punishment of imprisonme nt from
six to twelve years.
For the purposes of this sub-article exploitation includes
requiring a person to produce goods and provide services underconditions and in circumstances which infringe labour standardsgoverning working conditions, salaries and health and safety.
(2) The means referred to in sub-article (1) are the following:
(a) violence or threats, including abduction;
(b) deceit or fraud;
(c) misuse of authority, influence or pressure;
(d) the giving or receiving of payments or benefits to
achieve the consent of the person having control overanother person;
(e) abuse of power or of a position of vulnerability:
Provided that in this paragraph "position of vulnerability"
means a situation in which the person concerned has noreal or acceptable alternative but to submit to the abuseinvolved.
(3) The consent of a victim of trafficking to the exploitation,
whether intended or actual, shall be irrelevant where any of th e means
set forth in sub-article (2) has been used.
  
116              CAP. 9.]                       CRIMINAL CODE  
Traffic of a 
person of age for the purpose of exploitation in prostitution, etc.
Added by:
III.2002 .50.
Amended by:
XVIII.2013 .3.248B.  Whosoever, by any means mentioned in article 248A(2),
trafficks a person of age for the purpose of exploiting that pe rson in
prostitution or in pornographic performances or in the producti on
of pornographic material or other forms of sexual exploitation shall,
on conviction, be liable to the punishment laid down in article248A(1). 
Traffic of a 
person of age for the purpose of exploitation in the removal of organs.
Added by:
III.2002 .50.
Amended by:
XVIII.2013 .4;
XXVIII.2016 .16.248C.  (1) Whosoever, by any means mentioned in article
248A(2), trafficks a person of age for the purpose of exploitin g that
person in the removal of any organ of the body shall on convict ion
be liable to the punishment of imprisonment for a term from six  to
twelve years.
(2) For purposes of this article, the removal of organs, tissues
and cells shall include the conduct referred to in article 248C A(1).
Trafficking in 
human organs.
Added by:
XXVIII.2016 .16.248CA.  (1) Whosoever removes a human organ, tissue or cell
from living or deceased donors in any of the followingcircumstances -
(a) where the removal is not performed under the Act with
the free, informed and specific consent of the living ordeceased donor, or, in the case of the deceased donor,without the removal being authorised under the Act;
(b) where, in exchange for the removal of organs, tissues
or cells the living donor, or a third party, has beenoffered or has received a financial gain or comparableadvantage;
(c) where, in exchange for the removal of organs, tissues
or cells from a deceased donor, a third party has beenoffered or has received a financial gain or comparableadvantage,
shall be guilty of an offence and shall be liable on conviction  to the
punishment of imprisonment for a term from six to twelve years.
(2) A person who does any of the following acts shall be guilty
of an offence against this article -
(a) makes use of illicitly removed organs, tissues or cells
as described in sub-article (1), for purposes ofimplantation or other purposes than implantation;
(b) the implantation of human organs, tissues or cells from
living or deceased donors where the implantation isnot performed under the Act or where the implantationis, in any manner, performed in breach of the Act;
(c) solicits or recruits an organ donor or a recipient for
financial gain or comparable advantage;
(d) prepares, preserves or stores illicitly removed human
organs, tissues or cells as described in sub-article (1);
(e) transports, transfers, receives, imports or exports
illicitly removed human organs, tissues or cells asdescribed in sub-article (1),
                         CRIMINAL CODE               [CAP. 9.            117
and shall be liable on conviction to the punishment laid down i n
sub-article (1).
(3) The provisions of articles 115 and 121(3) shall, mutatis
mutandis , apply to an offence under this article.
(4) For purposes of this article -
Cap. 558. "Act" means the Human Or gans, Tissues and Cell Donation Act;
"human organ" means a differentiated part of the human body,
formed by different tissues, that maintains its structure,vascularisation and capacity to develop physiological functionswith a significant level of autonomy:
Provided that a part of an organ is also considered to be an
organ if its function is to be used for the same purpose as the  entire
organ in the human body , maintaining the requirements of struct ure
and vascularisation;
"financial gain or comparable advantage" shall not include
compensation for loss of earnings and any other justifiableexpenses caused by the removal or by the related medicalexaminations, or compensation in case of damage which is notinherent to the removal of organs.
Traffic of a 
minor for any of the purposes mentioned in articles 248A to 248C.
Added by:
III.2002 .50.
Amended by:
XXVIII.2016 .16.248D.  Whosoever trafficks a minor for any of the purposes
mentioned in articles 248A to 248CA, both inclusive, shall, onconviction be liable to the same punishment laid down in thosearticles, as the case may be, even if none of the means mention ed in
article 248A(2) has been used:
Provided that where any of the means mentioned in article
248A(2) has been used in the commission of the offence under th is
article the punishment for the offence shall be increased by on e
degree.
Improperly 
inducing consent to adoption of a minor for purposes of exploitation.
Added by:
VII.2010 .17.
Amended by:
XXVIII.2016 .16.248DA.  Whosoever, for any purpose referred to in articles 248A
to 248CA, both inclusive, acting as an intermediary for theadoption of a child improperly induces the consent of any perso n
whose consent is required for the adoption shall on conviction be
liable to the punishment laid down in article 248D.
Child labour.
Added by:
VII.2010 .17.248DB.  Whosoever shall practice or engage in child labour for
any of the purposes mentioned in article 248A shall, on convict ion,
be liable to the punishment established under article 248D. 
For the purposes of this article child labour shall include
the coercion of a person under age into forced or compulsorylabour for any purpose whatsoever including the forced orcompulsory recruitment of minors to take part in armed conflict .
  
118              CAP. 9.]                       CRIMINAL CODE  
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;
XVIII.2013 .5;
VIII.2015 .12;
XXVIII.2016 .16.248E.  (1) In this sub-title, the phrase "trafficks a person" or
"trafficks a minor" means the recruitment, transportation, sale  or
transfer of a person, or of a minor, as the case may be, includ ing
harbouring and subsequent reception and exchange or transfer ofcontrol over that person, or minor, and includes any behaviourwhich facilitates the entry into, transit through, residence in  or exit
from the territory of any country for any of the purposes menti oned
in the preceding articles of this sub-title, as the case may be .
(2) Where any of the offences in articles 248A to 248D, both
inclusive -
(a) is accompanied by violence, or has resulted in harm to
the physical or psychological health of the victim; or
(b) generates proceeds exceeding eleven thousand and six
hundred and forty-six euro and eighty-seven cents(11,646.87) ; or
(c) is committed with the involvement of a criminal
organisation within the meaning of article 83A(1); or
(d) is committed by a public officer or servant in the
course of the exercise of his duties; or
(e) is committed against a vulnerable person within the
meaning of article 208AC(2); or
(f) when the offender wilfully or recklessly endangered
the life of the person trafficked; or
(g) when the offender has been previously convicted of an
offence under this article; or
(h) is committed by a member of the child’s family, a person
cohabiting with the child or a person who has abused arecognised position of trust or authority,
the punishment otherwise due shall be increased by one degree.
Cap. 12.(3) The provisions of article 121D shall apply mutatis mutandis
to the offences under this sub-title, so however that the punis hment
to which the body corporate shall be liable under this sub-arti cle
shall be the payment of a fine ( multa ) of not less than twenty
thousand euro (€20,000) and not more than two million euro(€2,000,000), which fine may be recovered as a civil debt and t he
sentence of the Court shall constitute an executive title for a ll
intents and purposes of the 
Code of Organization and Civil
Procedure .
(4) Where the person found guilty of any of the offences under
this sub-title -
(a) was at the time of the commission of the offence an
employee or otherwise in the service of a bodycorporate, 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 aperson referred to in article 121D,
                         CRIMINAL CODE               [CAP. 9.            119
the person found guilty as aforesaid shall be deemed to be vest ed
with the legal representation of the same body corporate whichshall be liable to the payment of a fine ( multa ) of not less than ten
thousand euro (€10,000) and not exceeding two million euro(€2,000,000).
(4A) Whenever the offence is committed for the benefit, in part
or in whole, of a body corporate by a person who has the power of
representation of the body corporate, authority to take decisio ns on
behalf of the body corporate, or authority to exercise control of the
body corporate, the legal person may be subject to:
(i) exclusion from entitlement to public benefits or
aid;
(ii) the suspension or cancellation of any licence,
permit or other authority to engage in any trade,business or other commercial activity;
(iii) placing under judicial supervision;(iv) the compulsory winding up of the body
corporate; or
(v) the temporary or permanent closure of any
establishment which may have been used for thecommission of the offence.
(5) Without prejudice to the provisions of article 5, the Maltes e
courts shall also have jurisdiction over the said offences wher e:
(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 thebenefit of a body corporate registered in Malta; or
(c) the offence was committed against a Maltese national or
permanent resident in Malta.
Exemption for 
acts under compulsion.(6) The offences committed under this sub-title shall not be
liable to punishment if the offender was compelled thereto byanother person where the provisions of article 33( b) do not apply.
Inapplicability 
of Immigration 
Act.
Cap. 217.(7) The provisions of article 14 of the Immigration Act shall
not apply until the lapse of thirty days from the date that thePrincipal Immigration Officer has reasonable grounds to believethat the person concerned is a victim of any of the offences un der
this sub-title.
Cap. 63.(8) The provisions of articles 13 and 14 of the White Slave
Traffic (Suppression) Ordinance , shall, mutatis mutandis, apply.
(9) Notwithstanding any other provision of this Code or of any
other law, the period of prescription shall run from the day onwhich the victim attains the age of majority.
(10) For the purposes of this article the phrase "permanent
resident" shall have the same meaning assigned to it by article5(1)( d).
  
120              CAP. 9.]                       CRIMINAL CODE  
Aiding and 
abetting. 
Added by:
XVIII.2013 .6.248F (1). Whosoever aids, abets or instigates any offence under
this sub-title shall be guilty of an offence and shall be liabl e on
conviction to the punishment laid down for the offence aided,abetted or instigated.
(2) Any person who engages in or makes use of the services or
labour as referred to in articles 248A to 248D, both inclusive,  in the
knowledge that the person providing the service has been traffi cked
within the meaning of article 248E(1), shall be guilty of an of fence
and liable, on conviction, to imprisonment for a term of eighte en
months to five years.
Non-
applicability of provisions.
Added by:
XVIII.2013 .6.
Cap. 446.248G.  The provisions of articles 21 and 28A of this Code and the
provisions of the Probation Act shall not apply in respect of any
person convicted of an offence under this sub-title.
Sub-title IX
Amended by: 
VIII.1909.25.
Substituted by:
XX.2005 .14.OF THREATS, PRIV ATE VIOLENCE AND HARASSMENT
Threats by 
means of writings.  
Amended by: 
IX.1859.17; 
XIV.1983 .5;
III.2002 .51;
XIII.2018 .24.249. (1) Whosoever by means of any writing, whether
anonymous or signed in his own or in a fictitious name, shallthreaten the commission of any crime whatsoever, shall, onconviction, be liable to imprisonment for a term from six to tw elve
months or to a fine ( multa ) not exceeding five thousand euro (€5,000),
or to both such imprisonment and fine:
Provided that where the threat concerns the use of nuclear
material to cause death or serious injury to any person orsubstantial damage to property or the commission of an offence of
theft of nuclear material in order to compel a natural or legalperson, international organization or State to do or to refrain  from
doing any act the punishment for the offence shall be increased  by
three degrees; the expression "nuclear material" shall have thesame 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 liab le to
the punishment prescribed in sub-article (1), provided that such fine
(multa ) shall not exceed ten thousand euro (€10,000).
(3) Moreover the offender shall be required to find a surety, or
to enter into a recognizance as provided in articles 383, 384 a nd
385.
Blackmail. 
Amended by:
IX.1859.18;VIII.1909.26;
XLIX.1981 .4;
III.2002 .52;
XXIV .2014 .25.250. (1) Whosoever, with intent to extort money or any other
thing, or to make any gain, or with intent to induce another pe rson
to execute, destroy, alter, or change any will, or written obli gation,
title or security, or to do or omit from doing any thing, shallthreaten to accuse or to make a complaint against, or to defame ,
that or another person, shall, on conviction, be liable to
                         CRIMINAL CODE               [CAP. 9.            121
imprisonment for a term from one to four years.
(2) Where by such threat the offender shall have attained his
end, he shall be liable to imprisonment for a term from eightee n
months to five years.
Private violence.
Amended by:
XXIV .2014 .26;
XIII.2018 .24.251. (1) Whosoever shall use violence, including moral and, or,
psychological violence, and, or coercion, in order to compel an other
person to do, suffer or omit anything or to diminish such other  person’s
abilities or to isolate that person, or to restrict access to m oney,
education or employment sh all, on conviction, be liable to the
punishment laid down in sub-article (1) of the last precedingarticle.
(2) Where the offender shall have attained his end, he shall be
liable to the punishment laid down in sub-article (2) of the la st
preceding article.
(3) Whosoever shall cause another to fear that violence will be
used against him or his property or against the person or prope rty
of any of his ascendants, descendants, brothers or sisters or a ny
person mentioned in article 222(1) shall be liable to thepunishments prescribed in sub-article (1) decreased by one to t wo
degrees:
Provided that where the offender shall have attained his
end, he shall be liable to the punishment laid down in sub-arti cle
(2) decreased by one to two degrees.
Harassment.
Added by:
XX.2005 .15.
Amended by:
L.N. 407 of 
2007 ;
XXIV .2014 .27.
Substituted:
XIII.2018 .24.251A.  (1) A person who: 
(a) pursues a course of conduct which amounts to
harassment of another person; or
(b) pursues a course of conduct which he knows or ought
to know amounts to harassment of such other person;or
(c) subjects another person to an act of physical intimacy;
or
(d) requests sexual favours from another person; or
(e) subjects another person to any act and, or conduct with
sexual connotations, including spoken words, gesturesand, or the production, display or circulation of anywritten words, pictures, and, or any other material,where such act, words, and, or conduct is unwelcometo the victim, and could be reasonably be regarded asoffensive, humiliating, degrading, and, or intimidatingtowards that person,
shall be guilty of an offence under this article.
(2) For the purpose of this article, the person whose course of
conduct is in question ought to know that it amounts to harassm ent
of another person if a reasonable person in possession of the s ame
information would think the course of conduct amounted toharassment of the other person.
  
122              CAP. 9.]                       CRIMINAL CODE  
(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 anycondition or requirement imposed by any person underany enactment; or
(c) in the particular circumstances the pursuit of the
course of conduct was reasonable.
(4) A person guilty of an offence under this article shall be
liable to the punishment of imprisonment for a term from sixmonths to two years or to a fine ( multa ) of not less than five
thousand euro (€5,000) and not more than ten thousand euro(€10,000), or to both such fine and imprisonment: 
Provided that the punishment shall be increased by one degree
where the offence is committed against any person mentioned in article
222(1).
Stalking.
Added by:
XXIV .2014 .28.
Amended by:
VIII.2015 .13;
XIII.2018 .24.251AA.  (1) A person who:
(a) pursues a course of conduct in breach of article
251A(1), and
(b) the course of conduct amounts to stalking,
shall be guilty of an offence under this article.
(2) For the purposes of paragraph ( b) of sub-article (1) of this
article and article 251BA(1)( a), a person’s course of conduct
amounts to stalking of another person if:
(a) it amounts to harassment of that person,
(b) it constitutes any of the acts mentioned in sub-article
(3),
(c) the person, whose course of conduct it is, knows or
ought to know that the course of conduct amounts toharassment of the other person, and
(d) it is repeated conduct that causes the other person to fear
for his safety.
(3) The following acts shall be deemed to be acts of stalking:
(a) following a person,
(b) contacting, or attempting to contact, a person by any
means,
(c) publishing, by any means, any statement or other
material -
(i) relating or purporting to relate to a person, or
(ii) purporting to originate from a person,
(d) monitoring the use by a person of the internet, email or
any other form of electronic communication,
                         CRIMINAL CODE               [CAP. 9.            123
(e) loitering in any place, whether public or private,
(f) interfering with any property in the possession of a
person,
(g) watching or spying on a person.
(4) A person guilty of an offence under this article shall be
liable to the punishment of imprisonment for a term from one to two
years or to a fine ( multa ) not exceeding ten thousand euro (10,000),
or to both such fine and imprisonment:
Provided that the punishment shall be increased by one
degree when the offence is committed against any personmentioned 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 ;
III.2020. 5.251B.  (1) A person whose course of conduct causes another to
fear that violence will be used against him or his property oragainst the person or property of any of his ascendants,descendants, brothers or sisters or any person mentioned in art icle
222(1) shall be guilty of an offence if he knows or ought to kn ow
that his course of conduct will cause the other so to fear on e ach of
those occasions, and shall be liable to the punishment ofimprisonment for a term from one to two years or to a fine ( multa ) of
not less than four thousand and six hundred and fifty-eight eur o and
seventy-five cents (4658.75) and not more than eleven thousand and
six hundred and forty-six euro an d eighty-seven cents (11,646.8 7), or
to both such fine and imprisonment.
(2) For the purpose of this article, the person whose course of
conduct is in question ought to know that it will cause anotherperson to fear that violence will be used against him on anyoccasion if a reasonable person in possession of the sameinformation would think the course of conduct would cause theother 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 theprotection of his or another’s property.
Stalking 
involving fear of violence, serious alarm or distress.
Added by:
XXIV .2014 .29.
Amended by:
XIII.2018 .24.251BA.  (1) A person whose course of conduct -
(a) amounts to stalking, and
(b) either:
(i) causes another to fear on at least two occasions
that violence will be used against him, or
(ii) causes him serious alarm or distress which has a
substantial adverse effect on his usual day-to-day activities,
shall be guilty of an offence under this article if he knows or  ought
to know that his course of conduct will cause that person so to  fear
  
124              CAP. 9.]                       CRIMINAL CODE  
on each of those occasions or, as the case may be, will cause s uch
alarm or distress.
(2) For the purposes of this article, the person whose course of
conduct is in question ought to know that it will cause anotherperson to fear that violence will be used against him on anyoccasion if a reasonable person in possession of the sameinformation would think the course of conduct would cause theother so to fear on that occasion.
(3) For the purposes of this article, the person whose course of
conduct is in question ought to know that it will cause anotherperson serious alarm or distress which has a substantial advers e
effect on the said person’s usual day-to-day activities if areasonable person in possession of the same information wouldthink the course of conduct would cause the other such alarm ordistress.
(4) It shall be a defence for a person charged with an offence
under this article that his course of conduct was pursued in th e
circumstances mentioned in article 251B(3)( a) or ( b).
(5) A person guilty of an offence under this article shall be
liable to imprisonment for a term for two years to five years or to a
fine ( multa ) not exceeding thirty thousand euro (30,000), or to both
such fine and imprisonment:
Provided that the punishment shall be increased by one
degree when the offence is committed against any personmentioned in article 222(1).
(6) The acquittal of a person charged with an offence under this
article shall not exclude a conviction for an offence under art icles
251A or 251AA.
(7) This article shall be without prejudice to the generality of
the provisions of article 251B.
Interpretation of 
articles 251A to 251BA.
Added by:
XX.2005 .15.
Amended by:
XXIV .2014 .30.251C.  In articles 251A to 251BA, both inclusive, references to
harassing a person include alarming the person or causing theperson distress.
General 
provisions.
Added by:
XVI.2006 .5.
Amended by:
VIII.2012 .6.
Substituted by:
XXIV .2014 .31.251D.  (1) The punishments established in the foregoing
provisions of this sub-title shall be increased by one to two d egrees
when the offence is aggravated or motivated on the grounds ofgender, gender identity, sexual orientation, race, colour, lang uage,
national or ethnic origin, citizenship, religion or belief or p olitical
or other opinion within the meaning of sub-articles (3) to (6),  both
inclusive, of article 222A.
(2) The punishments established in articles 251A to 251BA,
both inclusive, shall be increased by one degree when the offen ce is
committed by any of the means mentioned in article 337B(1).
(3) Where a person is charged under articles 251 to 251BA,
both inclusive, the court may make an order in terms of sub-art icle
                         CRIMINAL CODE               [CAP. 9.            125
(1) and paragraphs ( a) to ( c), both inclusive, of sub-article (3) of
article 412C.
Female genital 
mutilation.
Added by:
I.2014 .2.
Amended by:
XIII.2018 .24.251E.  (1) Whosoever, for non-medical reasons, performs an
operation or carries out any intervention on a woman’s genitali a
that damages the genitalia or inflicts upon them permanentchanges, shall be guilty of enforced female genital mutilation and
shall be liable to the punishment of imprisonment for a term fr om
five to ten years.
(2) ( a) Whosoever shall be guilty of female genital mutilation
from which death shall ensue solely as a result of thenature or the natural consequences of the harm and notof any supervening accidental cause, shall be liable -
(i) to imprisonment for a term from six to twenty
years, if death shall ensue within forty days tobe reckoned from the midnight immediatelypreceding the operation or intervention;
(ii) to imprisonment for a term from six to twelve
years, if death shall ensue after the said forty
days, but within one year to be reckoned asabove.
(b) If death shall ensue as a result of a supervening
accidental cause and not solely as a result of the natureor the natural consequences of the operation orintervention, the offender shall, on conviction, beliable to imprisonment for a term from six to twelve
years.
(3) Consent of the person undergoing the operation or
intervention shall not justify exemption from punishment.
(4) Whosoever shall wilfully fail to seek to avert, by formal
complaint or in another manner, female genital mutilation, shal l be
liable to a fine ( multa ) of not less than one thousand euro (€1,000)
and not exceeding five thousand euro (€5,000) or to a term ofimprisonment for a term of six months to two years, or to both such
fine and imprisonment:
Provided that the duty to avert such an act shall apply
regardless of any duty of confidentiality.
(5) For purposes of this article the terms "operation" and
"intervention" shall include the excision, infibulation or muti lation
of the genitalia.
(6) Whosoever aids, abets, counsels, incites, procures or coerce s a
female to excise, infibulate or otherwise mutilate the whole or  any
part of her own genitalia, shall be guilty of an offence and sh all be
liable, on conviction, to the punishment laid down under thisarticle.
Enforced 
sterilization.
Added by:
I.2014 .2.251F.  Any person who for non-medical reasons, by force, deceit,
bribery or threats surgically removes or disables a person’sreproductive organs without that person’s full and informed
  
126              CAP. 9.]                       CRIMINAL CODE  
consent, leading to sterilization, shall be guilty of enforced
sterilization and shall, unless the fact constitutes a more ser ious
offence under any other provision of this Code, be liable onconviction to imprisonment for a term from four to ten years.
Forced 
marriage.
Added by:
I.2014 .2.251G.  Any person who by force, bribery, deceit, deprivation of
liberty, improper pressure or any other unlawful conduct or bythreats of such conduct, forces anyone to enter into a marriage  shall
be guilty of causing a forced marriage and shall, unless the fa ct
constitutes a more serious offence under any other provision of  this
Code, be liable on conviction to imprisonment for a term from t hree
to five years:
Provided that any act so made in contravention of this
provision shall be null and without effect at law.
Luring of a 
person to the territory of another State to marry.
Added By:
XIII.2018 .24.251GA . Any person who by force, bribery, deceit, deprivation of
liberty, improper pressure or any other unlawful conduct or by threats
of such conduct, lures another pe rson to the territory of anoth er State
other than the one he or she resides in with the purpose of for cing such
person to enter into a marriage shall, unless the fact constitu tes a more
serious offence under any other provision of this Code, be liab le upon
conviction to imprisonment for a term from four to six years.
Increase in 
punishment.
Added by:
I.2014 .2.251H.  The punishment for the offences referred to in articles 251
to 251G, both inclusive, shall be increased by one to two degre es in
each of the following cases:
(a) the offence was committed against a former or current
spouse or partner, by a member of the family, a personcohabiting with the victim or a person having abusedher or his authority:
Provided that, in this paragraph spouse includes a
person whose marriage with the accused has beendissolved or declared null.
(b) the offence, or related offences, were committed
repeatedly;
(c) the offence was committed against a vulnerable person
within the meaning of article 208AC(2);
(d) the offence was committed against or in the presence
of a minor;
(e) the offence was committed by two or more people
acting together;
(f) the offence was preceded or accompanied by violence;
(g) the offence was committed with the use or threat of a
weapon;
(h) the offence resulted in severe physical or
psychological harm for the victim;
(i) the offender has been previously convicted of offences
of a similar nature.
                         CRIMINAL CODE               [CAP. 9.            127
Aggravating 
circumstances.
Added by:
XIII.2018 .24.251HA . The punishment prescribed for any of the crimes referred to
in the preceding articles of this sub-title shall be increased by one to
two degrees in each of the cases referred to in article 202, wh ere and as
applicable, provided that where an aggravation of punishment inrespect of the circumstances mentioned in this article is alrea dy
provided for under this Code or any other law, the higher punis hment
may be applied.
Applicability of 
provisions.
Amended by:
VIII.2015 .14;
XXIV .2019 .5.251I.  (1) The following provisions shall apply to the offences
under articles 198, and 251 to 251G, both inclusive.
(2) Without prejudice to the provisions of article 5, the Maltes e
courts shall also have jurisdiction over the said offences wher e:
(a) only part of the action giving execution to the offence
took place in Malta; or
(b) the offender is a Maltese national or permanent or
habitual  resident in Malta; or
(c) the offence was committed against a Maltese national
or permanent or habitual resident in Malta.
(3) Notwithstanding any other provision of this Code or of any
other law, where the person against whom the offence is committ ed
is a minor, the period of prescription shall run from the day o n
which the victim attains the age of majority.
(4) For the purposes of this article the phrase "permanent
resident" shall have the same meaning assigned to it by article5(1)( d).
Substituted by:
XI.2018. 25.Sub-title X
OF DISCLOSURE OF INFORMATION RECEIVED IN 
CONFIDENCE  
Defamation.  
Amended by: 
XI.1900.36; IV .1916.2.252. Deleted by XI.2018 .25.
Evidence of 
truth inadmissible. 
Amended by: 
XI.1900.36; IV .1916.3.253. Deleted by XI.2018 .25.
Exceptions.
Extenuating circumstances. Discretionary power of court. 
Amended by: 
XI.1900.36.254. Deleted by XI.2018 .25.
  
128              CAP. 9.]                       CRIMINAL CODE  
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;
XXIII.2017 .11.255. Deleted by XI.2018 .25.
Libel. 
Amended by: 
XIV .1889.44; XI.1900.36; 
XXII.1976.4. 256. Deleted by XI.2018 .25.
Disclosing of 
professional secrets.Substituted by: 
XXIV .1994 .15.
Amended by:
II.1998 .7;
L.N. 407 of 
2007 .257.  If any person, who by reason of his calling, profession or
office, becomes the depositary of any secret confided in him, s hall,
except when compelled by law to give information to a publicauthority, disclose such secret, he shall on conviction be liab le to a
fine ( multa ) not exceeding forty-six thousand and five hundred and
eighty-seven euro and forty-seven cents (46,587.47) or toimprisonment for a term not exceeding two years or to both suchfine 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 investigat ing
any act or omission committed in Malta and which constitutes, o r if
committed outside Malta would in corresponding circumstancesconstitute -
Cap. 101.(a) any of the offences referred to in article 22(2)( a)(1) of
the Dangerous Drugs Ordinance ; or
Cap. 31.(b) any of the offences referred to in article 120A(2)(a)(1)
of the Medical and Kindred Professions Ordinance ; or 
Cap. 373.(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.
                         CRIMINAL CODE               [CAP. 9.            129
Added by:
XXXI.2014 .3.Sub-title XI
OF ABUSE ON ELDERLY OR DEPENDANT PERSONS
Causing or 
permitting an elder or a dependent adult to suffer under circumstances likely to produce bodily harm or death.
Added by:
XXXI.2014 .3.257A.  (1) A person who knows or ought to know that a person is
an elder or a dependent adult and who, under circumstances orconditions likely to produce grievous bodily harm or death,wilfully causes or permits any elder or dependent adult to suff er, or
inflicts on such person unjustifiable physical pain or mentalsuffering, or having the care or custody of any elder or depend ent
adult, wilfully causes or permits the person or health of the e lder or
dependent adult to be injured, or wilfully causes or permits th e
elder or dependent adult to be placed in a situation in which h is
person or health is endangered, shall be guilty of an offence a nd,
without prejudice to any other punishment to which he may beliable under any other provision of this Code or of any other l aw,
shall be liable to the punishment of imprisonment for a term fr om
two to five years.
(2) For the purpose of this article, the person whose course of
conduct is in question ought to know that a person is an elder or a
dependent adult if a reasonable person in possession of the sam e
information would think that the said person is an elder or adependent adult.
(3) Where as a result of the conduct described in sub-article
(1), the victim suffers grievous bodily harm, the punishmentprovided for under sub-article (1) shall be increased as follow s:
(a) where the victim is under seventy years of age, by one
to two degrees;
(b) where the victim is over seventy years of age, by two
to three degrees.
Grievous bodily 
harm followed by death.
Added by:
XXXI.2014 .3.257B.  (1) Whosoever shall be guilty of a grievous bodily harm
from which death shall ensue solely as a result of the nature o r the
natural consequences of the harm caused by the conduct describe d
in article 257A(1) and not of any supervening accidental cause,shall be liable -
(a) to imprisonment for a term from nine to twenty years,
if death shall ensue within forty days to be reckonedfrom the midnight immediately preceding the crime;
(b) to imprisonment for a term from six to fifteen years, if
death shall ensue after the said forty days, but withinone year to be reckoned as above.
(2) If death shall ensue as a result of a supervening accidental
cause and not solely as a result of the nature or the naturalconsequences of the harm, the offender shall, on conviction, beliable to imprisonment for a term from five to twelve years.
(3) If the bodily harm is inflicted within the limits of the
territorial jurisdiction of Malta, the crime shall be held to h ave
been completed within those limits, even if the death of the pe rson
injured shall occur outside those limits.
  
130              CAP. 9.]                       CRIMINAL CODE  
(4) The punishments provided for under this article shall be
increased as follows:
(a) where the victim is under seventy years of age by one
to two degrees;
(b) where the victim is over seventy years of age by two to
three degrees.
Causing or 
permitting an elder or a dependent adult to suffer under circumstances not likely to produce bodily harm or death.
Added by:
XXXI.2014 .3.257C.  (1) A person who knows or ought to know that a person is
an elder or a dependent adult and who, under circumstances orconditions other than those likely to produce grievous bodily h arm
or death, wilfully causes or permits any elder or dependent adu lt to
suffer, or inflicts thereon unjustifiable physical pain or ment al
suffering, or having the care or custody of any elder or depend ent
adult, wilfully causes or permits the person or health of the e lder or
dependent adult to be injured or wilfully causes or permits the  elder
or dependent adult to be placed in a situation in which his or her
person or health may be endangered, shall be guilty of an offen ce
and, without prejudice to any other punishment to which he may be
liable under any other provision of this Code or of any other l aw,
shall be liable to the punishment of imprisonment for a term fr om
one to three years.
(2) Where as a result of the conduct described in sub-article
(1), the victim suffers bodily harm, the punishment shall beincreased as follows:
(a) where the victim is under seventy years of age by one
degree;
(b) where the victim is over seventy years of age by two
degrees.
Offences 
relating to crimes against property and public safety.
Added by:
XXXI.2014 .3.
Amended by:
XIII.2018 .24. 257D.  (1) Any person found guilty of any offence under Title IX
of Part II of Book First, when committed against an elder or adependent adult, shall be liable to the punishment provided for  in
this article:
(a) when the amount of the damage caused by the offender
exceeds three thousand euro (€3,000) the punishmentshall be that of imprisonment from two to nine years;
(b) when the amount of the damage caused by the offender
exceeds two hundred and fifty euro (€250) but doesnot exceed three thousand euro (€3,000), thepunishment shall be that of imprisonment from ninemonths to three years:
Provided that if the punishment laid down for the
relevant offence in this Sub-title is higher than thepunishment laid down in this paragraph, the formerpunishment shall apply increased by one degree and,in the case of the offence under article 294, thepunishment so increased shall not be awarded in itsminimum;
(c) when the amount of the damage caused by the offender
does not exceed two hundred and fifty euro (€250) the
                         CRIMINAL CODE               [CAP. 9.            131
offender shall be liable to imprisonment for a term not
exceeding six months.
Cap. 12.(2) In addition to any punishment to which the person
convicted of an offence under this Sub-title may be sentenced a nd
in addition to any penalty to which a body corporate may becomeliable under the provisions of article 121D, the court may orde r the
offender to make restitution to the injured party of any proper ty or
proceeds stolen or knowingly received or obtained by fraud orother unlawful gain to the detriment of such party by or throug h the
offence or to pay to such party such sum of money as may bedetermined by the court as compensation for any such loss asaforesaid or for any damages or other injury or harm includingmoral and psychological harm caused to such party by or through the
offence; and any such order may include both a direction to mak e
restitution and, in default, to pay as aforesaid. The order sha ll
constitute an executive title for all intents and purposes of t he 
Code
of Or ganization and Civil Procedure .
(3) When issuing an order under sub-article (1), the Court may
direct that such costs or damages are paid in instalments, in p articular
having regard to any other obligations which the offender has t owards
the victim or any of the victim’s dependants.
Unlawful arrest, 
detention or confinement of an elder or a dependent adult.
Added by:
XXXI.2014 .3.257E.  (1) Whosoever, without a lawful order, arrests, detains or
confines an elder or a dependent adult against the will of the same,
or in any manner restricts or impedes the free movement andunrestrained access to an elder or a dependent adult, shall, onconviction, be liable to imprisonment for a term of eighteen mo nths
to four years.
(2) Where the conduct described in sub-article (1) has been
committed through the use of violence, force, bribery, deceit,device or pretence, improper pressure or any other unlawfulconduct or by threats of such conduct, the punishment shall beincreased by two to three degrees.
Applicability of 
provisions.
Added by:
XXXI.2014 .3.
Amended by:
VIII.2015 .15.257F.  (1) The following provisions shall apply to the offences
under articles 257A to 257E.
(2) The provisions of articles 121D and 248E(4) shall apply
mutatis mutandis .
(3) Without prejudice to the provisions of article 5, the Maltes e
courts shall also have jurisdiction over the said offences wher e:
(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 thebenefit of a body corporate registered in Malta; or
(c) the offence was committed against a Maltese national
or permanent resident in Malta.
(4) For the purposes of this Sub-title:"elder" means a person who has attained the age of sixty years;
  
132              CAP. 9.]                       CRIMINAL CODE  
"dependent adult" means a person of age suffering from a degree
of physical or mental infirmity which restricts his ability to carry
out normal activities or to protect his rights, including, but not
limited to, persons who have physical or developmental disabili ties
or whose physical or mental abilities have diminished because o f
age and includes any person who is admitted as an inpatient to a 24-
hour health facility, or is a resident in, or has been admitted  to, any
institution offering any form of medical or psychological care;
"permanent resident" shall have the same meaning assigned to it
by article 5(1)( d);
"proceeds" means any economic advantage and any property
derived from or obtained, directly or indirectly, through thecommission of the offence and includes any income or otherbenefits derived from such property;
"property" means assets of every kind, whether corporeal or
incorporeal, movable or immovable, tangible or intangible, andlegal documents or instruments evidencing title to, or interest  in,
such assets.
Suppression of 
epistolary or telegraphic correspondence.
Added by:
VI.1899.5 . 
Amended:
I.1903.9;
XLIX.1981 .4; 
IX.1982 .2.258.  Repealed by Act XVII.1996 .19.
Unlawful 
opening of 
closed letters, etc.Unlawful possession of closed correspondence.
Added by:
VI.1899.5. 
Amended: 
I.1903.10; VIII.1909.27. 259.  Repealed by Act XVII.1996 .19.
Complaint by 
aggrieved party.260.  Repealed by Act XVII.1996 .19.
Title IX
Amended by: 
XVI.1901.1; I.1903.11.OF CRIMES AGAINST PROPERTY AND PUBLIC SAFETY
Sub-title I 
OF THEFT
                         CRIMINAL CODE               [CAP. 9.            133
OF AGGRA V ATED THEFT 
Theft. 
Aggravating 
circumstances.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 aggravated 
by "violence".262. (1) A theft is aggravated by "violence" - 
(a) where it is accompanied with homicide, bodily harm,
or confinement of the person, or with a written orverbal threat to kill, or to inflict a bodily harm, or tocause damage to property;
(b) where the thief presents himself armed, or where the
thieves though unarmed present themselves in anumber of more than two;
(c) where any person scouring the country-side and
carrying arms proper, or forming part of an assemblyin terms of article 63, shall, by a written or verbalrequest, made either directly or through anotherperson, cause to be delivered to him the property ofanother, although the request be not accompanied withany threat.
(2) In order that an act of violence may be deemed to aggravate
the theft, it shall be sufficient that such act be committedpreviously to, at the time of, or immediately after the crime, with
the object of facilitating the completion thereof, or of screen ing the
offender from punishment or from arrest or from the hue and cryraised by the injured party or by others, or of preventing therecovery of the stolen property or by way of revenge because ofimpediment placed or attempted to be placed in the way of thetheft, or because of the recovery of the stolen property or of the
discovery of the thief.
Theft aggravated 
by "means".263. Theft is aggravated by "means" -
(a)when it is committed with internal or external
breaking, with false keys, or by scaling;
(b) when the thief makes use of any painting, mask, or
other covering of the face, or any other disguise ofgarment or appearance, or when, in order to committhe theft, he takes the designation or puts on the dressof any civil or military officer, or alleges a fictitiousorder purporting to be issued by any public authority,even though such devices shall not have ultimatelycontributed to facilitate the theft, or to conceal theperpetrator thereof.
  
134              CAP. 9.]                       CRIMINAL CODE  
Definition of 
"breaking". 
Amended by: 
IX.1859.19; XVI.1921.3, 4; 
XXXII.1986 .3.264.  (1) "Breaking" shall include the throwing down,
breaking, demolishing, burning, wrenching, twisting, or forcing  of
any wall, not being a rubble wall enclosing a field, roof, bolt ,
padlock, door, or other similar contrivances intended to preven t
entrance into any dwelling-house or other place or enclosure, o r to
lock up or secure wares or other articles in boxes, trunks,cupboards, or other receptacles, and the breaking of any box, t runk,
or other receptacle even though s uch breaking may not have take n
place on the spot where the theft is committed.
Saving the provisions of article 326, any breaking, twisting,
wrenching, or forcing of the pipes of the public water service or of
the gas service, or of the wires or cables of the electricity s ervice,
or of the meters thereof, or of any seal of any meter, made for  the
purpose of effecting an unlawful communication with such pipes,wires, or cables, or the existence of artificial means as arementioned in sub-article (2), shall also be deemed to be "break ing".
Presumptive 
evidence in the case of breaking of pipes, etc.(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 electri city
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 effect ing the
unlawful use or consumption of water, gas or electric current, or
capable of preventing or altering the measurement or registrati on
on the meter of the quantity used or consumed, shall, until thecontrary is proved, be taken as evidence of the knowledge on th e
part of the person occupying or having the control of the tenem ent
in which such breaking or artificial means are found, of the sa id use
or consumption of water, gas or electric current, as the case m ay be.
Definition of 
"false key".265.  Any hook, picklock, skeleton-key, or any key imitated,
counterfeited, or adapted, and any genuine key when procured bymeans of theft, fraud or any kind of artifice, and, generally, any
other instrument adapted for opening or removing fastenings of any
kind whatsoever, whether internal or external, shall be deemed a
false key.
Definition of 
"scaling".266.  (1)  The entry into any of the places mentioned in article
264 by any way other than by the doors ordinarily intended for the
purpose, whether the entry is effected by means of a ladder or rope
or by any other means whatsoever, or by the bodily assistance o f
any other person or by clambering in any way whatsoever in orde r
to mount or descend, as well as the entry by any subterraneous
aperture other than that established as an entrance, shall be d eemed
"scaling".
(2) For the purposes of punishment, there shall also be deemed
to be "scaling" when the offender, although he shall have enter ed
into any of the places aforesaid by any way ordinarily destined  for
the purpose, shall get out of the same by any of the meansaforesaid.
                         CRIMINAL CODE               [CAP. 9.            135
Theft aggravated 
by "amount". 
Amended by: 
XI.1900.37; III.1971.6; 
XIII.1980 .8; 
XIII.1983 .5;
L.N. 407 of 
2007 .267.  Theft is aggravated by "amount", when the value of the
thing stolen exceeds two hundred and thirty-two euro and ninety -four
cents (232.94). 
Theft aggravated 
by "person".268.  Theft is aggravated by "person" -
(a) when it is committed in any place by a servant to the
prejudice of his master, or to the prejudice of a thirdparty, if his capacity as servant, whether real orfictitious, shall have afforded him facilities in thecommission of the theft;
Definition of 
"servant".   the term "servant" shall include every person
employed at a salary or other remuneration in theservice of another, whether such person lives with hismaster 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 anyperson of his family, to the prejudice of the guest orhis 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 orboat wherein such hotel-keeper, innkeeper, driver orboatman carries on or causes to be carried on any suchtrade or calling, or performs or causes to be performed
any such service; and also when it is committed in anyof the above-mentioned places, by any individual whohas taken lodgings or a place, or has entrusted hisproperty 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 whichthe offender has access by reason of his trade,profession, or employment.
Theft aggravated 
by "place".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;
(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; 
  
136              CAP. 9.]                       CRIMINAL CODE  
(g) in any dwelling-house or appurtenance thereof.
Theft aggravated 
by "time".270. Theft is aggravated by "time", when it is committed in the
night, that is to say, between sunset and sunrise.
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 .271. Theft is aggravated by "the nature of the thing stolen"-
(a) when it is committed upon things exposed to danger,
whether by their being cast away or removed forsafety, or by their being abandoned on account ofurgent personal danger arising from fire, the falling ofa building, or from any shipwreck, flood, invasion byan 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 thevalue 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 childunder 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 oraccessory of, or anything inside, such vehicle;
(h) when it is committed on nuclear material as defined in
article 314B(4);
Cap. 477.(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 .4.272. Whosoever shall be guilty of theft accompanied with wilful
homicide shall be liable to the punishment of imprisonment for life.
Punishment for 
theft accompanied with grievous bodily harm from which death ensues.
Added by:
VII.2010 .19.272A.  (1) Whosoever shall be guilty of theft accompanied with
grievous bodily harm from which death ensues shall be liable:
(a) if the harm is grievous and death ensues as a result of
the nature or the natural consequences of the harm and
not of any supervening accidental cause:
(i) to imprisonment for a term from eight to thirty
years, if death shall ensue within forty days tobe reckoned from the midnight immediatelypreceding the crime;
(ii) to imprisonment for a term from six to twenty
five years, if death shall ensue after the said
                         CRIMINAL CODE               [CAP. 9.            137
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 natureor the natural consequences of the harm, the offendershall, on conviction, be liable to imprisonment for aterm 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 occu rs
outside those limits. 
Punishment for 
theft accompanied with attempted homicide. 
Amended by: 
IV .1856.13; VI.1871.l9; XI.1900.38; 
XLIX.1981 .4.273. Whosoever shall be guilty of theft accompanied with
attempted homicide shall be liable to imprisonment for a term f rom
six to twenty years.
Punishment for 
theft accompanied with bodily harm. Amended 
by: XI.1900.38; 
XLIX.1981 .4.274.  Whosoever shall be guilty of theft accompanied with
bodily harm shall be liable -
(a) if the harm is grievous and produces the effects
mentioned in article 218, to imprisonment for a termfrom four to twelve years;
 (b) if the harm is grievous without the effects mentioned
in article 218, to imprisonment for a term from three tonine 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 inarticle 217, to imprisonment for a term from eighteenmonths to three years.
Punishment for 
theft accompanied with confinement of person. 
Amended by: 
V .1868.17; 
XLIX.1981 .4.275.  Whosoever shall be guilty of theft accompanied with
confinement of the person shall be liable to imprisonment for aterm from one to four years.
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 .4.276.  Whosoever shall be guilty of theft aggravated by
"violence", but not accompanied with any of the circumstancesmentioned in articles 272, 273, 274 and 275, shall be liable toimprisonment for a term from nine months to three years.
  
138              CAP. 9.]                       CRIMINAL CODE  
Punishment 
when "violence" is directed against certain persons. 
Added by: 
XXIX.1990 .12.
Amended by:
III.2002 .54.276A. The punishment established in articles 273, 274, 275 and
276 shall be increased by one or two degrees when the "violence "
therein mentioned is directed against a person who is under the  age
of twelve years or over the age of sixty years or against a per son
who is suffering from a degree of physical or mental infirmity in
consequence of which he is unable to offer adequate resistance.
Punishment for 
theft aggravated by "violence" accompanied with other aggravating circumstances. 
Amended by: 
XXIX.1990 .13.277.  When the theft aggravated by "violence" in terms of article
274, 275 or 276, is accompanied with any of the other aggravati ng
circumstances specified in article 261, the offender shall, onconviction, be liable - 
(a) where the theft is accompanied with one or more of
such other aggravating circumstances, with theexception of that of "means", to the punishmentestablished in article 274, 275, 276 or 276A, whichshall not be awarded in its minimum;
(b) where the theft is accompanied with the aggravating
circumstance of "means", whether with or withoutother aggravating circumstances, to the punishmentestablished in article 274, 275, 276 or 276A, increasedby 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 .278.  (1) Whosoever shall be guilty of theft aggravated by
"means" only shall be liable to imprisonment for a term from fi ve
months to three years.
(2) Where the theft, besides being accompanied with the
aggravating circumstance of "means", is also accompanied withone of the other aggravating circumstances, with the exception of
that of "violence", the said puni shment shall not be awarded in  its
minimum.
(3) Where the theft, besides being accompanied with the
aggravating circumstance of "means", is also accompanied withtwo or more of the other aggravating circumstances, with theexception of that of "violence", the said punishment shall beincreased 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), the c ourt may,
without prejudice to the operation of article 371(2)( c), apply in
each case the punishment of imprisonment for a term from five t o
nine months.
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 .279. Whosoever shall be guilty of theft aggravated by
"amount" only shall be liable - 
(a) if the value of the thing stolen does not exceed two
thousand and three hundred and twenty-nine euro andthirty-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-sevencents (2,329.37), to imprisonment for a term from
thirteen months to seven years:
                         CRIMINAL CODE               [CAP. 9.            139
Provided that where for any reason mentioned in article
325(2) it is not possible to esti mate the value of the thing stolen the
said value shall be deemed to exceed two thousand and three hun dred
and twenty-nine euro and thirty-seven cents (2,329.37).
Punishment for 
theft aggravated by "amount" accompanied with other aggravating circumstances. 
Amended by: 
XI.1900.39; XII.1913.8; 
XXIX.1990 .14.280. (1) Where the theft aggravated by "amount" is
accompanied with one or more of the other aggravatingcircumstances, with the exception of that of "violence" or "mea ns",
the offender shall be liable, as the case may be, to the punish ments
established in the last preceding article, which shall not, how ever,
be awarded in their minimum.
(2) Where the theft, besides being accompanied with the
aggravating circumstance of "amount", is also accompanied withthe aggravating circumstance of "violence", or with that of"means", or with both, the punishment applicable to theft whenaccompanied with such aggravating circumstances shall be applie d:
Provided that, if such punishment be lower than the
punishments laid down in the last preceding article, the latterpunishments shall be applied with an increase of one degree.
(3) For the purposes of the foregoing sub-article, where the
"violence" is directed against any of the persons mentioned inarticle 276A, the punishment applicable to theft when accompani ed
with the aggravating circumstance of "violence" shall be thepunishment as increased by that article.
Punishment for 
theft aggravated by "person", "place", "time" or "nature of thing stolen". 
Amended by: 
XLIX.1981 .4.281. Whosoever shall be guilty of theft aggravated only by
"person", "place", "time", or "the nature of the thing stolen",  shall
be liable - 
(a) where the theft is accompanied with one only of these
four aggravating circumstances, to imprisonment for aterm 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 itsminimum;
(c) where the theft is accompanied with more than two of
such aggravating circumstances, to the saidpunishment, which may, however, be increased to anyterm not exceeding three years.
  
140              CAP. 9.]                       CRIMINAL CODE  
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 .282. Where in cases of theft accompanied with one or more of
the aggravating circumstances mentioned in article 261, with th e
exception of that of "violence" or "means", the value of the th ing
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.
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).283.  In the cases set forth in the second paragraph of article
264(1), the theft aggravated by "means" shall be deemed to becompleted when the communication therein mentioned is effected,and the offender shall be liable to the punishment laid down inarticle 278(4), unless it is proved that the value of the water , gas or
electric current stolen exceeds twenty-three euro and twenty-ni ne
cents (23.29).
Complaint of the 
injured party.
Added by:
XXII.2005 .3.283A.  No proceedings shall be instituted in respect of any
offence of theft of electricity except on the complaint of the injured
party even if the offence is one  which falls within the compete nce
of the Court of Magistrates as provided in article 370(1) and e ven if
the injured party has not expressly waived the right to prosecu te
within four days from the commission of the offence. Theprovisions of this article shall apply notwithstanding anything  to
the contrary provided in article 373.
§ 
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 .285. Whosoever shall be guilty of simple theft shall be liable to
imprisonment for a term from one to six months:
Provided that if the value of the thing stolen does not exceed
twenty-three euro and twenty-nine cents (23.29), the offender s hall,
on conviction, be liable to imprisonment for a term not exceedi ng
three months.
                         CRIMINAL CODE               [CAP. 9.            141
Possession of 
stolen articles by person previously convicted of theft or of receiving stolen articles. 
Amended by: 
XI.1900.41; I.1903.15.286.  The punishment established for simple theft according to
the value of the thing stolen shall be applied against any pers on
who, having been convicted in Malta for theft, or for receivingstolen articles, is found to have in his possession any stolen article
the lawful possession of which he does not satisfactorily accou nt
for.
Unjustified 
possession of moneys, articles, etc., by person previously convicted of theft, etc. 
Added by: 
XI.1900.41.287. Whosoever, having been convicted in Malta for theft, or for
receiving stolen articles, is found to have in his possession f ruits,
plants, or other field or garden produce or money or other arti cles,
not in keeping with his condition, the lawful possession of whi ch
he does not satisfactorily account for, or is found to have in his
possession any adapted or counterfeit keys, or any implementscapable of opening or forcing open any lock, or to have in hispossession any impression of locks, the actual lawful destinati on of
which he does not satisfactorily account for, shall, on convict ion,
be liable to imprisonment for a term not exceeding three months .
Theft for mere 
use of thing stolen. 
Amended by: 
IV .1856.15; VI.1871.22; XI.1900.42.288.  The offender shall be liable to the punishments established
for contraventions, when, in any case of simple theft, the gaincontemplated by the offender is the mere use of the thing, withintent to restore the same immediately.
GENERAL PROVISION APPLICABLE TO THIS SUB-TITLE
Punishment in 
case of second or subsequent conviction for theft.289. (1) In the case of a second or subsequent conviction for
any offence referred to in this sub-title, the punishment may b e
increased, in the case of a second conviction, by one or twodegrees, and, in the case of a third or subsequent conviction, by one
to three degrees.
(2) When the increase of punishment cannot otherwise take
place than by the application of solitary confinement, suchpunishment may be awarded to the extent of eighteen periods.
Sub-title II
OF OTHER OFFENCES RELATING TO UNLAWFUL ACQUISITION 
AND POSSESSION OF PROPERTY
Unlawful possession of property of the Republic of Malta. 
Amended by:
IV .1856.16;XXVI.1931.3;XXVII.1975.19.290. Whosoever shall purchase or otherwise receive from any
other person or shall be found to have in his possession any ar ticle
bearing any mark or sign denoting such article to be the proper ty 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 w hich
no written permission shall have been given by the competentauthority, and shall fail to give a satisfactory account as to how he
came by the article or thing found in his possession, shall, on
  
142              CAP. 9.]                       CRIMINAL CODE  
conviction, be liable to a fine ( multa ) or imprisonment for a term
not exceeding one month.
Destroying or 
obliterating marks denoting property of the Republic of Malta. 
Amended by:
XXII.1931.3;XXVII.1975.20;
XLIX.1981 .4.291. Whosoever, with intent to conceal any property of the
Republic of Malta, shall destroy or obliterate, in any of the a rticles
or things mentioned in the last two preceding articles, for thedisposal of which no permission shall have been given, any mark  or
sign denoting such article or thing to be the property of theRepublic of Malta, shall, on co nviction, be liable to imprisonm ent
for a term from one to six months.
Unlawful 
dealings in or possession of marine or ship’s stores.292.  Whosoever, without a licence from the Government, shall
keep for sale or deal in any articles which are by common reput e
considered to come under the denomination of marine or ship’sstores, and whosoever, without such licence, shall be found inpossession of such articles, without being able to give a satis factory
account as to how he came by the articles so found, shall, onconviction, be liable to a fine ( multa ) and to the forfeiture of the
said articles.
Sub-title III 
OF FRAUD
Misappropriatio
n.
Amended by: 
IV .1874.3; VIII.1909.28; 
XLIX.1981 .4;
III.2002 .55.293. Whosoever misapplies, converting to his own benefit or to
the benefit of any other person, anything which has been entrus ted
or delivered to him under a title which implies an obligation t o
return such thing or to make use thereof for a specific purpose ,
shall be liable, on conviction, to imprisonment for a term fromthree to eighteen months:
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 .56.294.  Nevertheless, where the offence referred to in the last
preceding article is committed on things entrusted or delivered  to
the offender by reason of his profession, trade, business,management, office or service or in consequence of a necessarydeposit, criminal proceedings shall be instituted ex officio  and the
punishment shall be of imprisonment for a term from seven month s
to two years.
Fraud relating to 
insurance. 
Amended by:
VIII.1857.9;IV .1874.4;VIII.1909.30;
XLIX.1981 .4;
III.2002 .57.295.  Whosoever, with intent to obtain for himself or for any
other person the payment of any money due under any insuranceagainst risks, or any other undue benefit, destroys, disperses or
deteriorates, by any means whatsoever, things belonging to him,shall, on conviction, be liable to imprisonment for a term fromseven months to two years, and, where he succeeds in his intent ,
from nine months to three years.
Barratry. 
Amended by:
IV .1874.5; 
XLIX.1981 .4;
III.2002 .58.296.  (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 onc e only
within the limits of Malta, who, for purposes of gain - 
(a) abandons or damages the vessel or causes the vessel to
                         CRIMINAL CODE               [CAP. 9.            143
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.
Fraudulent 
breach of trust in respect of papers signed in blank or otherwise. 
Amended by: 
XLIX.1981 .4;
III.2002 .59.297.  Whosoever, making an improper use of any paper signed
in blank entrusted to him, shall, for the purpose of gain, writ e
thereon anything to the prejudice of another person, or shall, for the
like purpose, add upon any paper not in blank, entrusted to him ,
any writing or clause, shall, on conviction, be liable toimprisonment for a term from nine months to three years.
Commercial or 
industrial fraud. 
Amended by: 
XI.1899.106; 
XLIX.1981 .4.298.  (1) Whosoever - 
(a) forges or alters, without the consent of the owner, the
name, mark or any other distinctive device of anyintellectual work or any industrial product, orknowingly makes use of any such name, mark ordevice forged or altered, without the consent of theowner, even though by others;
(b) forges or alters, without the consent of the owner, any
design or model of manufacture, or knowingly makesuse of any such design or model forged or altered,without the consent of the owner, even though byothers;
(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 anygoods 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, afterremoving 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, wordor mark which according to the custom of the trade istaken 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,
  
144              CAP. 9.]                       CRIMINAL CODE  
(iv) that the goods are the subject of an existing
patent, privilege or industrial copyright;
(f) knowingly puts into circulation, sells or keeps for sale
or imports for any purpose of trade, any goods bearinga 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 thepurpose of forging, or of being used for forging, atrade mark,
shall, on conviction, be liable to imprisonment for a term from  four
months to one year.
(2) For the purposes of sub-article (1)( e), any figure, word or
mark which, according to the custom of the trade, is commonlytaken 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 .298A.  Whoever shall construct, alter, make, be in possession of,
sell or purchase any device whereby such person may unlawfullyconnect with any telecommunication system shall, on conviction,be liable -
(a) where the offence is committed for gain or by way of
trade, to imprisonment for a term not exceeding oneyear or to a fine ( multa ) of not more than four thousand
and six hundred and fifty-eight euro and seventy-fivecents (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 andthirty-seven cents (2,329.37).
Violation of 
copyright. 
Added by: 
XII.1991 .41. 
Amended by: 
XIX.1992 .2;
L.N. 407 of 
2007 .
Substituted by:
XXIV .2014 .32.298B.  (1) Any person who, in the exercise of any trade or in the
course of business or with a view to gain for himself or for an y
other person, or with intent to cause loss to, or to prejudice,  another
person:
(a) prints, manufactures, duplicates or otherwise
reproduces, or sells, distributes or otherwise offers forsale or distribution, any article or other thing inviolation of the rights of copyright protected by orunder Maltese law, or
(b) has in his possession, custody or control any such
article or other thing with a view to carrying out any ofthe acts mentioned under paragraph ( a),
shall, on conviction, be liable to imprisonment for a term not
exceeding three years or to a fine (multa) of not less than thr ee
thousand euro (€3,000) and not more than twenty-four thousandeuro (€24,000) or to both such fine and imprisonment.
(2) Proceedings under this article may not be taken except on
the complaint of the injured party.
                         CRIMINAL CODE               [CAP. 9.            145
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
whatsoever in excess of what is allowed by law shall, onconviction, be liable to imprisonment for a term not exceedingeighteen months and to the payment of a fine ( multa ) from two
thousand and three hundred and twenty-nine euro and thirty-seve n
cents (2,329.37) to thirty-four thousand and nine hundred and f orty
euro and sixty cents (34,940.60). 
(2) The same punishment laid down in sub-article (1) shall
apply to whosoever receives from another person or obtains fromanother person a promise to give, to himself or to others, inconsideration of a service consisting in any other benefit of a ny
kind, interests or any other gain under any form whatsoever inexcess of what is allowed by law or otherwise grosslydisproportionate to the service given.
(3) The same punishment laid down in sub-article (1) shall also
apply to whosoever, not being an accomplice in the offence in t he
same sub-article, intervenes to procure for another person a su m of
money or any other benefit by having a person give or promise t o
give, to himself or to others, in respect of the intervention, a
grossly disproportionate compensation.
(4) For the purposes of sub-articles (1), (2) and (3), in the
determination of whether the interests are, or any gain orcompensation is, grossly disproportionate account shall be had of
all the circumstances of the fact and of the average rates usua lly
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 accu sed has
received from another person an amount of interest, or aconsideration of an amount, in excess of what is allowed by law  or
otherwise grossly disproportionate to the service given, the co urt
shall order the accused to pay to the said other person such am ount
as may be determined by the court as being the excess received by
the accused as aforesaid. The said order of the court shall bewithout prejudice to any right of such other person to recover by
any other means any greater amount due to him and the order sha ll
constitute an executive title enforceable as if it were a finaljudgement given in a civil action between the offender and theperson to whom payment is ordered.
(6) The punishment for an offence under this article shall be
decreased by one degree where the accused, before finaljudgement, reimburses excess amount received by him to theperson from whom such amount was received.
Tampering, 
removal, etc., of chassis or engine number.
Added by:
III.2002 .61.
Amended by:
L.N. 407 of 
2007 .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 num ber
of, or on, any motor vehicle shall, on conviction be liable toimprisonment for a term not exceeding one year or to a fine ( multa )
of not less than six hundred and ninety-eight euro and eighty-o ne cents
(698.81)and not more than two thousand and three hundred and
  
146              CAP. 9.]                       CRIMINAL CODE  
twenty-nine euro and thirty-seven cents (2,329.37) or to both s uch
imprisonment and fine.
Presumption of 
malice.
Added by: 
XI.1899.106. 
Amended by: 
XII.1991 .41.299.  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.
Burden of proof. 
Added by: 
XI.1899.106.300.  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.
False trade 
description.  
Added by: 
XI.1899.106.301.  In the cases referred to in article 298(1)( e), the fact that a
trade description is a trade mark or part of a trade mark shall  not
prevent such trade description being a false trade description within
the meaning of the said paragraph.
How 
presumption of malice may be rebutted in certain cases. 
Added by: 
XI.1899.106.302. 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 saidparagraph, he had, at the time of the commission of thealleged offence, no reason to suspect the genuinenessof 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 tothe persons from whom he obtained the goods inquestion; 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 inthe 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.1899.106.304.  For the purposes of the preceding articles, every person is
deemed to apply a trade mark or distinctive device or tradedescription to goods, who - 
(a) actually applies it to the goods themselves; or
(b) applies it to any covering, label, reel or other thing in
or with which the goods are sold or exposed or had inpossession for any purpose of sale, trade ormanufacture; or
                         CRIMINAL CODE               [CAP. 9.            147
(c) places, encloses or annexes any goods which are sold
or exposed or had in possession for any purpose ofsale, in, with or to any covering, label, reel or otherthing, in respect of which a trade mark has beenregistered or to which a trade description has beenapplied; or
(d) uses a trade mark, device or trade description in any
manner calculated to lead to the belief that the goodsin connection with which it is used are truly designatedby that trade mark, device or trade description.
Definition of 
"covering" and "label". 
Added by: 
XI.1899.106.305.  For the purposes of the foregoing articles, the expression
"covering" includes any stopper, cask, bottle, vessel, box, cov er,
capsule, case or wrapper; and the expression "label" includes a ny
band or ticket indicative of the thing to which it is applied.
Words or marks 
on watch cases. 
Added by: 
XI.1899.106.306.  For the purposes of article 298(1)( d), where a watch case
has thereon any words or marks which constitute, or are bycommon repute considered as constituting a description of thecountry in which the watch was made, and the watch bears no suc h
description on any of its parts, those words or marks shall, un til the
contrary is proved, be deemed to be a description of that count ry.
Use of false 
weights or measures. 
Added by: 
XI.1900.43. 
Amended by: 
XLIX.1981 .4.307.  Whosoever, by the use of false weights or measures, shall
deceive others in respect of the quantity of goods given forvaluable consideration, shall, on conviction, be liable toimprisonment for a term not exceeding one year.
Obtaining 
money or property by false pretences. 
Amended by: 
XLIX.1981 .4;
III.2002 .62;
XXIV .2014 .33.308.  Whosoever, by means of any unlawful practice, or by the
use of any fictitious name, or the assumption of any falsedesignation, or by means of any other deceit, device or pretenc e
calculated to lead to the belief in the existence of any fictit ious
enterprise or of any imaginary power, influence or credit, or t o
create the expectation or apprehension of any chimerical event,shall make any gain to the prejudice of another person, shall, on
conviction, be liable to imprisonment for a term from one to se ven
years.
Other cases of 
fraudulent gain. 
Amended by: 
XLIX.1981 .4;
III.2002 .63;
XXIV .2014 .34.309.  Whosoever shall make, to the prejudice of any other
person, any other fraudulent gain not specified in the precedin g
articles of this sub-title, shall, on conviction, be liable toimprisonment for a term from two months to two years or to a fi ne
(multa ).
  
148              CAP. 9.]                       CRIMINAL CODE  
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 .
Substituted by:
XXIV .2014 .35.310.  (1) In cases referred to in this sub-title -
(a) when the amount of damage caused by the offender
exceeds five thousand euro (€5000), the punishmentshall be that of imprisonment from two to nine years;
(b) when the amount of damage caused by the offender
exceeds five hundred euro (€500) but does not exceedfive thousand euro (€5000), the punishment shall bethat of imprisonment from six months to four years:
Provided that if the punishment laid down for the
relevant offence in the preceding articles of this Sub-title is higher than the punishment laid down in thisparagraph the former punishment shall apply increasedby one degree and in the case of the offence underarticle 294 the punishment so increased shall not beawarded in its minimum;
(c) when the amount of the damage caused by the offender
does not exceed five hundred euro (€500), the offendershall be liable to imprisonment for a term notexceeding six months.
(2) The provisions of sub-article (1)( c) shall not apply in the
case of any of the crimes referred to in articles 296 and 298.
Corporate 
liability for offences under this sub-title.
Added by:
III.2002 .65.
Amended by:
XXXI.2007 .15;
XXIV .2014 .36.310A.  The provisions of articles 121C, 121D, 248E(4) and 328K
shall apply to offences under this sub-title.
Jurisdiction.
Added by:
III.2002 .65.310B.  The offences under this sub-title shall be deemed to be
offences even when committed outside Malta and, withoutprejudice to the provisions of article 5, the criminal action t herefor
may also be prosecuted in Malta according to the laws thereofagainst any person who commits or participates in the offence a s
provided in this Code -
(a) when the offence took place, even if only in part, in
Malta or on the sea in any place within the territorialjurisdiction 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 anoffence according to the laws of the country where ittook place:
Provided that for the purposes of this paragraph
"permanent resident" shall have the same meaningassigned to it by article 5(1)( d).
                         CRIMINAL CODE               [CAP. 9.            149
Possession, 
making or supplying etc., of articles for use in fraud.
Added by:
XXIV .2014 .37.310BA . (1) Whosoever is found to be in possession or has under
his control any article for use in the course of or in connecti on with
any fraud, shall be guilty of an offence and shall, on convicti on, be
liable to imprisonment for a term for a term from six months tothree years and to the forfeiture of the said articles.
(2) Whosoever makes, adapts, supplies or offers to supply any
article -
(a) knowing that it is designed or adapted for use in the
course of or in connection with fraud, or
(b) intending it to be used to commit, or assist in the
commission of, fraud,
shall be guilty of an offence and shall, on conviction, be liab le to
imprisonment for a term from twelve months to five years and tothe forfeiture of the said articles.
(3) For the purposes of this article:"article" includes any document, program or data held in
electronic form; and
"document" shall have the meaning assigned to it by article
558(2).
Added by:
VII.2010 .20.GENERAL PROVISION APPLICABLE TO OFFENCES
UNDER SUB-TITLES I, II and III 
Disability in 
case of offences against minors.
Added by:
VII.2010 .20.310C.  The provisions of article 208B(2) and (2A) shall apply to
any person found guilty of any offence under Subtitles I to III , both
inclusive, when committed against a person under age.
Sub-title IV
Amended by: 
XVI.1901.2.OF CRIMES AGAINST PUBLIC SAFETY , 
AND OF  INJURY TO PROPERTY
Causing explosion likely to endanger life or property. 
Added by: 
XVI.1901.3. 
Amended by: 
XLIX.1981 .4; 
XIV.1983 .6.311. 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 conviction, to imprisonment for a term from three tofourteen years, even though no injury to such person or propert y
has been actually caused.
  
150              CAP. 9.]                       CRIMINAL CODE  
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 .7.312. (1) If as a result of the offence referred to in the last
preceding article, any person shall perish, the offender shall be
liable to the punishment of imprisonment for life.
(2) If as a result of the offence referred to in the last prece ding
article, a grievous bodily harm is caused to any person, the of fender
shall be liable to imprisonment for a term from four to twentyyears.
(3) If as a result of the offence referred to in the last preced ing
article, any serious spoil, damage or injury to or upon any mov able
or immovable property belonging to any person is caused, thepunishment therein mentioned shall not be awarded in itsminimum.
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. 446.313.  Any person who makes or knowingly has in his possession
or under his control any explosive substance, under suchcircumstances as to give rise to a reasonable suspicion that he  is
making it or has it in his possession or under his control for an
unlawful object, shall, on conviction, be liable to imprisonmen t for
a term from eighteen months to nine years, and the provisions o f
the 
Probation Act and of article 21 of this Code shall not be
applicable.
Definition of 
"explosive substance".  
Added by: 
XVI.1901.3.314.  For the purposes of the last preceding three articles, the
expression "explosive substance" shall be deemed to include anymaterials for making any explosive substance; also any apparatu s,
machine, implement, or materials used, or intended to be used, or
adapted, for causing, or aiding in causing, any explosion of or  with
any explosive substance; also any part of any such apparatus,machine or implement.
Discharge, etc., 
of lethal device.
Added by:
III.2002 .67.
Amended by:
VII.2010 .21.314A. (1) Whosoever, maliciously, delivers, places, discharges
or detonates a lethal device likely to endanger the life or to cause
serious injury to the property of any other person, shall be li able,
on conviction, to the punishment laid down in article 311, eventhough no injury to such person or property has been actuallycaused.
(2) If as a result of the offence referred to in sub-article (1)  any
person shall perish, or a grievous bodily harm is caused to anyperson, or any serious spoil, damage or injury to or upon anymovable or immovable property belonging to any person is caused ,
the offender shall be liable to the punishments laid down in ar ticle
312 as the case may be.
(3) Where the offence takes place in, or is directed at, a publi c
place, a state or government facility, an infrastructural facil ity or a
public transportation system the punishment for the offence sha ll
be increased by one degree.
(4) In this article:
"lethal device" includes any radioactive dispersal or radiation -
emitting device, and any other thing, that is designed, or has the
capability, to cause death, serious bodily injury or substantia l
material damage through the release, dissemination or impact of
                         CRIMINAL CODE               [CAP. 9.            151
toxic chemicals, biological agents or toxins or similar substan ces or
radiation or radioactive material or owing to its radiologicalproperties;
"state or government facility" includes any permanent or
temporary facility or conveyance that is used or occupied byrepresentatives of a State, members of Government, the legislat ure
or the judiciary or by officials or employees of a State or any  other
public authority or entity or by employees or officials of anintergovernmental organization in connection with their officia l
duties;
"infrastructure facility" means any publicly or privately owned
facility providing or distributing services for the benefit of the
public, such as water, sewage, energy, fuel or communications;
"public transportation system" means all facilities, conveyance s
and instrumentalities, whether publicly or privately owned, tha t are
used in or for publicly available services for the transportati on of
persons or cargo.
Possession, use, 
etc., of nuclear material.
Added by:
III.2002 .67.314B. (1) Whosoever, maliciously, is in possession or makes
use of, transfers, alters, disposes of or disperses nuclear mat erial
which is likely to cause death or serious injury to any person or
substantial damage to property shall be liable, on conviction, to the
same punishment laid down in article 311, even though no injury  to
such person or property has been caused.
(2) The provision of article 314A(2) shall apply to an offence
under this article.
(3) The provisions of article 313 shall apply to whosoever
keeps or is in possession of or has under his control any nucle ar
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 enrichedin the isotopes 235 and 233; uranium containing the mixture ofisotopes as occurring in nature other than in the form of ore o r 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 th at
the abundance ratio of the sum of these isotopes to the isotope  238
is greater than the ratio of the isotope 235 to the isotope 238occurring in nature.
Possession of 
lethal devices for unlawful object or for purpose of proliferation.
Added by:
XXIV .2007 .6.314C.  (1) Whosoever knowingly has in his possession or under
his control any lethal device or nuclear material, under suchcircumstances as give rise to a reasonable suspicion that he ha s it in
his possession or under his control for an unlawful object or f or the
purpose of proliferation shall, on conviction, be liable to thepunishment laid down in article 313.
(2) For the purpose of this article:"lethal device" shall have the same meaning assigned to it by
  
152              CAP. 9.]                       CRIMINAL CODE  
article 314A(4) and "lethal device" and "nuclear material" shal l
include their delivery systems, materials, equipment or technol ogy,
of whatever nature or type, that are related to and destined fo r use
in the development, production, utilization or delivery of suchlethal devices or nuclear material; and
"proliferation" means the transportation of nuclear, chemical,
biological or radiological weapons, their delivery systems andrelated materials to or from states or entities engaged in effo rts to
develop, acquire, or traffic in, such weapons, systems or mater ials.
Use of 
radioactive material, lethal device or nuclear facility with intent to cause death etc.
Added by:
VII.2010 .22.314CA.  Whosoever uses in any way radioactive material or a
lethal device, or uses or damages a nuclear facility in a manne r
which releases or risks the release of radioactive material:
(a) with the intent to cause death or serious bodily injury;
or
(b) with the intent to cause serious damage to property or
to the environment; or
(c) with the intent to compel a natural or legal person, an
international organization or a State to do or refrainfrom doing an act,
shall on conviction be liable to imprisonment for a term from e ight
to thirty years even though no injury to any person, property o r the
environment has actually been caused and even if no natural orlegal person or any international or ganization or any State has  been
compelled as aforesaid.
Where death or 
grievous bodily harm etc. is caused by use of radioactive material or lethal device.
Added by:
VII.2010 .22.314CB.  (1) If as a result of the offence referred to in the last
preceding article, any person shall perish, the offender shall be
liable to the punishment of imprisonment for life.
(2) If as a result of the offence referred to in the last preced ing
article, a grievous bodily harm is caused to any person, the of fender
shall be liable to imprisonment for a term from four to twentyyears:
Provided that if a grievous bodily harm is caused to two or
more persons the punishment laid down in the last preceding art icle
shall apply and shall not be awarded in its minimum.
(3) If as a result of the offence referred to in the last preced ing
article -
(a) any serious spoil, damage or injury to or upon any
movable or immovable property belonging to anyperson 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 refrainfrom 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 publi c
place, a state or government facility, an infrastructural facil ity or a
public transportation system the punishment for the offence sha ll
                         CRIMINAL CODE               [CAP. 9.            153
be increased by one degree.
Unlawful 
possession of radioactive material or making or possession of a lethal device.
Added by:
VII.2010 .22.314CC . (1) Whosoever unlawfully possesses radioactive
material or makes or possesses a lethal device -
(a) with the intent to cause death or serious bodily injury;
or
(b) with the intent to cause serious damage to property or
to the environment,
shall be liable to the punishment laid down in article 313 incr eased
by one or two degrees.
(2) Whosoever - 
(a) threatens, under circumstances which indicate the
credibility of the threat, to commit the offence undersub-article (1); or
(b) by the use of threats, under the same circumstances
aforesaid, or by the use of force, unlawfully andknowingly demands radioactive material, a lethaldevice or a nuclear facility
shall be liable to the punishment laid down in article 313 incr eased
by one or two degrees.
(3) Whosoever -
(a) organizes or directs others to commit an offence under
sub-articles (1) to (3), both inclusive; or
(b) in any other way knowingly contributes to the
commission of one or more of the offences under sub-articles (1) to (3), both inclusive, by a group of personsacting with a common purpose when such contributionis made with the aim of furthering the general criminalactivity or purpose of the group or in the knowledge ofthe intention of the group to commit the offence oroffences concerned,
shall be liable to the punishment laid down for the offence und er
sub-articles (1) to (3), both inclusive, as the case may be, pr ovided
that where that offence has only been attempted but not complet ed
the punishment shall be that laid down for the attempted offenc e.
(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 anenergy 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 radioactivematerial;
  
154              CAP. 9.]                       CRIMINAL CODE  
"nuclear material" shall have the same meaning assigned to it b y
article 314B(4);
"radioactive material" means nuclear material and other
radioactive substances which contain nuclides which undergospontaneous disintegration (a process accompanied by emission o f
one or more types of ionizing radiation, such as alpha-, beta-,neutron particles and gamma rays) and which may, owing to theirradiological 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 assig ned
to them respectively by article 314A(4).
Jurisdiction.
Added by:
VII.2010 .22.
Amended by:
VIII.2015 .16.314CD.  (1) Without prejudice to the provisions of article 5, the
Maltese courts shall also have jurisdiction over the offences i n
articles 314A, 314B, 314C, 314CA and 314CB, where:
(a) the offender is a Maltese national or permanent
resident in Malta; or
(b) the offence is committed against a Maltese national or
permanent resident in Malta; or
(c) the offence is committed in an attempt to compel
Malta to do or to abstain from doing an act; or
(d) the offence is committed on board an aircraft which is
operated by the Government of Malta; or
(e) the offence is committed against Malta or a
government facility of Malta abroad, including anembassy or other diplomatic or consular premises ofMalta.
(2) For the purposes of this article the phrase "permanent
resident" shall have the same meaning assigned to it by article5(1)( d).
Co-operation in 
the suppression of relevant offences at sea.
Added by:
XXIV .2007 .6.
Amended by:
VII.2010 .23.314D.  (1) Where the commander of the Armed Forces of Malta
receives, or is informed about, a request made by or on behalf of a
judicial, prosecuting, law enforcement, administrative or othercompetent authority of any State or place other than or outsideMalta (hereinafter in this article referred to as the "requesti ng
authority") seeking authorisation for the competent authorities  of
that State or place to take appropriate measures in regard to arelevant vessel reasonably suspected to be engaged in thecommission of a relevant offence the commander of the ArmedForces of Malta may, with the concurrence of the Prime Minister ,
authorise the taking of the said measures by the aforesaidcompetent authorities subject to such conditions as may have be en
agreed by Malta with that State or as may be agreed between therequesting authority and the commander of the Armed Forces ofMalta 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 authoritie s
referred to in sub-article (1), subject to the conditions as ma y have
been agreed upon as provided in the same sub-article, shall be
                         CRIMINAL CODE               [CAP. 9.            155
authorised to take the appropriate measures and to exercise on
board the vessel in regard to which appropriate measures have b een
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 correspondi ng
circumstances, would constitute any of the offences in articles  313,
314B, 314C, 314CA and 314CC;
"relevant vessel" means a vesse l used for commercial or private
purposes flying or entitled to fly the flag of Malta or registe red in
Malta and exercising freedom of navigation in accordance withinternational law.
Setting on fire of 
arsenals, etc. 
Amended by: 
XXI.1971.22; 
XLIX.1981 .4.315.  Whosoever shall wilfully set on fire or otherwise destroy
any arsenal, vessel of war, whether such vessel be on float orbuilding, powder magazine, public dock or artillery park, shall , on
conviction, be liable to the punishment of imprisonment for lif e.
Arson 
endangering life. 
Amended by: 
XXI.1971:23; 
XLIX.1981 .4;
XXIV .2014 .38.316. Whosoever shall wilfully set fire to any house, warehouse,
shop, dwelling-house, vessel, vehicle, dock or any building, sh ed or
other place whatsoever, any person being therein at the time of  the
setting on fire, shall, on conviction, be liable to the punishm ent of
imprisonment for life:
Provided that if no person shall perish, the offender shall
be liable - 
(a) if he could have foreseen that any person was actually
in the place, to imprisonment for a term from six totwelve years;
(b) otherwise, to imprisonment for a term from four to
nine years.
Arson to the 
common danger. 
Amended by: 
XXI.1971.24; 
XLIX.1981 .4;
XXIV .2014 .39.317.  Whosoever shall wilfully set fire to any building,
vehicle, shed or other place mentioned in the last preceding ar ticle,
no person being therein at the time of the setting on fire, orwhosoever shall wilfully set fire to any combustible substance,  and
such building, vehicle, shed or other place or such substance i s so
situated that the fire would communicate to any other building,shed or place, any person being therein at the time, shall, onconviction, be liable -
(a) where the fire had actually communicated, to the
punishment of imprisonment for life:
 Provided that if no person shall perish, the offender
shall be liable -
(i) if he could have foreseen that any person was
actually in the building, shed or place to whichthe fire had communicated, to imprisonment fora term from five to nine years;
(ii) otherwise, to imprisonment for a term from three
to six years;
  
156              CAP. 9.]                       CRIMINAL CODE  
(b) where the fire had not communicated to any other
building, shed or place, to imprisonment for a termfrom three to five years.
Arson without 
danger of life. 
Amended by: 
XLIX.1981 .4;
XXIV .2014 .40.318.  Whosoever shall wilfully set fire to any building, vehicle,
shed or other place mentioned in article 316, no person beingtherein at the time, and such building, vehicle, shed or other place
being so situated that the fire would not communicate to any ot her
building, shed or place in which there is a person at the time,  shall,
on conviction, be liable to imprisonment for a term from two tofour years.
Arson of 
vineyards, etc. 
Amended by: 
XLIX.1981 .4.319.  Whosoever shall wilfully set fire to any vineyard,
plantation of trees, stack or heap of corn, cotton or other use ful
produce or any other matter whatsoever, whether uprooted or cutdown or still growing, and so situated that the fire would notcommunicate to any building, shed or other place mentioned inarticle 316, any person being therein at the time, shall, onconviction, be liable to imprisonment for a term from two to fo ur
years.
Destruction by 
the springing of a mine.320.  For the purposes of punishment, the destruction of any
such matter or thing as in the last five preceding articles men tioned,
by the springing of a mine, shall be deemed to constitute theoffence therein mentioned.
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 .321. (1) Whosoever shall exhibit any false light or signal or
any other thing tending to summon ships, vessels or boats, or t o
regulate their navigation, with intent to cause the loss or str anding
of any ship, vessel or boat, or shall with the like intent exti nguish
or remove any light, signal or other thing intended by theGovernment for the guidance of seamen, shall, on conviction, beliable to imprisonment for a term from three to five years, eve n
though no accident has occurred.
(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 otherthing which is on board, to imprisonment for a termfrom five to nine years, if the amount of the damage
exceeds one hundred and sixteen euro and forty-sevencents (116.47), or, to imprisonment for a term from fourto six years, if the amount of the damage does not exceedone 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 ofthe effects mentioned in article 218, to imprisonmentfor a term from five to twenty years, or, if the bodilyharm is grievous but without the effects mentioned inthe said article, to imprisonment for a term from fourto twelve years, or, if the bodily harm is slight, toimprisonment for a term from two to six years;
(c) if any person shall perish, to the punishment of
                         CRIMINAL CODE               [CAP. 9.            157
imprisonment for life.
Cutting away 
chains, etc.  
Amended by: 
IV .1874.7.322. (1) Whosoever shall cut away, unfasten or otherwise
remove any chain, cable or other rope by which any public buoyintended for the purpose of navigation is fastened, shall, onconviction, be liable to imprisonment for a term from three to nine
months.
(2) Whosoever shall cut away, unfasten or otherwise remove
any chain, cable or other rope by which any ship or vessel ismoored, anchored or otherwise fa stened, or any rope by which th e
buoy of a ship’s anchor is fastened, shall, on conviction, be l iable
to the punishment laid down in sub-article (1).
Aggravating 
circumstances. 
Amended by: 
IV .1874.7.323.  If, in consequence of any of the offences referred to in the
last preceding article, any damage is caused to a ship or a bod ily
harm to a person, the punishment laid down in that article shal l be
awarded together with the punishment laid down in this Code forwilful damage or for wilful bodily harm, according to the exten t of
the damage or the nature of the bodily harm; and if at the same  time
both damage to a ship and a bodily harm to a person are caused,  the
higher punishment between that laid down for the damage and tha t
laid down for the bodily harm shall be applied, in addition to the
punishment laid down in the last preceding article.
Setting on fire of 
one’s own property. 
Amended by:
IV .1874.7.324.  In the cases referred to in articles 316, 317 and 318, the
offender shall be liable to the punishments therein mentioned, even
though he be the owner of the property in respect of which theoffence is committed.
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 ;
XXIV .2014 .41.325.  (1) Whosoever, by any means other than those referred to
in the preceding articles of this sub-title, shall wilfully com mit any
spoil, damage or injury to or upon any movable or immovableproperty belonging to any other person, shall, on conviction, b e
liable -
(a) if the amount of the damage exceeds two thousand and
five hundred euro (2,500), to imprisonment for a termfrom eighteen months to four years;
(b) if the amount of the damage does not exceed two
thousand and five hundred euro (2,500) but exceedstwo hundred and fifty euro (250), to imprisonment fora term from eight to fourteen months;
(c) if the amount of the damage does not exceed two
hundred and fifty euro (250), to imprisonment for aterm 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 thepunishments established for contraventions:
Provided that if the crime be excusable by reason of an
unjust provocation, the offender shall, in the cases referred t o in
paragraphs ( a), (b) and ( c), be liable to imprisonment for a term not
exceeding two-thirds of the period therein mentioned; and in th e
case referred to in paragraph ( d), to the punishments established for
  
158              CAP. 9.]                       CRIMINAL CODE  
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 inju red
party:
Provided further that in the case of damage to public
property, the punishment shall be increased by one or two degre es,
and the offender shall be ordered to pay by way of fine ( multa ) the
amount of the damage caused.
(2) Where because of the geological, palaeontological,
archaeological, architectonic, artistic or historical nature orimportance of the property spoiled, damaged or injured it is no t
possible to estimate the damage according to the rule laid down , in
article 335, the damage shall be d eemed to exceed one thousand and
one hundred and sixty-four euro and sixty-nine cents (1,164.69) .
Increase of 
punishment in certain cases.
Added by:
XVI.2006 .6.
Amended by:
VIII.2012 .7;
XXIV .2014 .42.325A.  (1) The punishments established in the foregoing
provisions of this sub-title shall be increased by one to two d egrees
when the offence is aggravated or motivated on the grounds of gender,
gender identity, sexual orientation, race, colour, language, na tional or
ethnic origin, citizenship, religion or belief or political or other opinion
within the meaning of sub-articles (3) to (6), both inclusive, of
article 222A.
(2) For the purposes of this article "relevant offence" means
any of the offences under articles 311, 312, 314A, 316, 317 to 320,
both inclusive, and 325.
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 .4.326.  (1) Whosoever shall wilfully -
(a) break or block the pipes or conduits of any public
aqueduct, or in any other manner impede or divert thecourse of the waters or otherwise damage any part ofsuch 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 othermatter, or thing whatsoever, being part of or beingused or employed in or about any electric or magnetictelegraph, with or without wires, or in the workingthereof, or do anything which prevents or obstructs inany manner whatsoever the conveyance of anymessage;
(f) damages or breaks any part of any energy meter, or the
seals thereof, or any part of any apparatus or cables
                         CRIMINAL CODE               [CAP. 9.            159
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 thingwhatsoever, being part of or being used or employed inthe cable television network or in the working thereofor for the supply of the cable television service,
shall, saving any higher punishment to which he may be subject
under the last preceding article, be liable, on conviction, toimprisonment for a term not exceeding two years:
Provided that no proceedings shall be instituted in respect
of any offence under paragraphs ( c), (e) and (f) except on the
complaint of the injured party.
(2) Whosoever shall, even without any malicious intent, -
(a) touch any telegraph wire or place or throw anything
upon any battery, machinery, wire, cable or othermatter or thing mentioned in sub-article (1)( e), or do
anything in proximity to such telegraph wire in suchmanner as might damage such wire, or prevent orobstruct 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 anysubmarine telegraph cable, shall have declared fishingto be absolutely prohibited, or fish with any net orother implement, the use of which shall have been forthe same purpose prohibited by the Ministerresponsible for electricity; or
(c) do anything described in sub-article (1)( g),
shall, on conviction, be liable to the punishments established for
contraventions.
Unlawful entry 
into subways used for public service.  
Amended by:
XVI.1901.4.327. Whosoever, without any just cause, the proof whereof
shall lie on the person accused, shall enter into any subway wh erein
there is any electric cable or any main conduit of the public s ewer,
shall, on conviction, be liable - 
(a) to imprisonment for a term from one to three months,
where the circumstances show that the object of theoffender was to damage the cables or conduits abovementioned;
(b) to imprisonment for a term not exceeding one month,
in any other case.
  
160              CAP. 9.]                       CRIMINAL CODE  
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;
XXIV .2014 .43;
VIII.2015 .17.328.  Whosoever, through imprudence, negligence or
unskilfulness in his trade or profession, or through non-observ ance
of any regulation, shall cause any fire or any damage, spoil orinjury as mentioned in this sub-title, shall, on conviction, be  liable - 
(a) if the death of any person is caused thereby, to the
punishments established in article 225;
(b) if any grievous bodily harm with any of the effects
mentioned in article 218 is caused thereby, toimprisonment for a term not exceeding six months orto 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 termnot exceeding three months or to a fine ( multa ) not
exceeding one thousand and one hundred and sixty-foureuro and sixty-nine cents (1,164.69);
(d) in any other case, to imprisonment for a term not
exceeding three months or to a fine ( multa ) or to the
punishments established for contraventions:
Provided that in the cases referred to in paragraph ( d),
except where damage is caused to public property, other than a motor
vehicle, proceedings may be instituted only on the complaint of the
injured party:
Provided further that the proceedings referred to in
paragraph ( d) with respect to damage caused on a motor vehicle,
which is public property, on the complaint of the head of theGovernment department in charge of the said vehicle, theprovisions of article 374( d) shall not apply to those proceedings
after the complainant will have confirmed his complaint under o ath
before the court and the absence of the complainant fromattendance in court in any stage of the proceedings shall in no  way
affect the lawfulness of the procedures nor be considered toconstitute the withdrawal of the complaint as long as such abse nce
occurs at a stage which is subsequent to the said confirmation on
oath of the complaint by the complainant.
                         CRIMINAL CODE               [CAP. 9.            161
Sub-title IV A*
Added by: 
VI.2005 .2.OF ACTS OF TERRORISM, FUNDING OF TERRORISM AND 
ANCILLARY OFFENCES
Acts of terrorism 
and terrorist activities.
Added by: 
VI.2005 .2.
Amended by:
III.2015 .24;
VIII.2015 .18;
XLII.2018 .4.328A. (1) For the purposes of this sub-title, "act of terrorism"
means any act listed in sub-article (2), committed wilfully, wh ich
may seriously damage a country or an international organizationwhere committed with the aim of:
(a) seriously intimidating a population, or
(b) unduly compelling a Government or international
organization to perform or abstain from performingany act, or
(c) seriously destabilising or destroying the fundamental
political, constitutional, economic or social structuresof a country or an international organization.
(2) The acts to which reference is made in sub-article (1) are
the following:
(a) taking away of the life or liberty of a person;
(b) endangering the life of a person by bodily harm;
(c) bodily harm;
(d) causing extensive destruction to a state or government
facility, a public transportation system, aninfrastructure facility, including an informationsystem, a fixed platform located on the continentalshelf, a public place or private property likely toendanger the life or to cause serious injury to theproperty of any other person or to result in seriouseconomic 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, biologicalor 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 anyperson;
(i) interfering with or disrupting the supply of water,
power or any other fundamental natural resourceendangering the life of any person;
(j) illegal system interference as defined in article
337C(1)(ee) and illegal data interference as defined inarticle 337C(1)(g);
*originally, as enacted by Act VI of 2005, this sub-title was n umbered Sub-title V.
  
162              CAP. 9.]                       CRIMINAL CODE  
(k) threatening to commit any of the acts in paragraphs ( a)
to (j):
Provided that in this sub-article "state or government
facility", "infrastructure facility" and "public transportationsystem" shall have the same meaning assigned to them in article314A(4).
(3) Whosoever commits an act of terrorism shall be guilty of an
offence and shall be liable on conviction to the punishment ofimprisonment from seven years to life.
(4) For the purposes of this sub-title, "terrorist activities"
means any of the following acts, whenever or wherever carried o ut:
(a) an act of terrorism as defined in sub-article (1);
(b) the unlawful seizure or the exercise of control of an
aircraft in flight, by the use of force or threat thereof,or by any other form of intimidation;
(c) the unlawful and intentional commission of any of the
following acts:
(i) an act of violence against a person on board an
aircraft in flight, which is likely to endanger thesafety of that aircraft;
(ii) the destruction of an aircraft in service or the
causing of damage to such an aircraft, whichrenders it incapable of flight or which is likely toendanger its safety in flight;
(iii) the placing or the causing to be placed on an
aircraft in service, by any means whatsoever, ofa device or substance which is likely to destroythat aircraft, or to cause damage to it whichrenders it incapable of flight or which is likely toendanger its safety in flight;
(iv) the destruction or the damaging of air navigation
facilities, or the interference with theiroperation, where such an act is likely toendanger the safety of an aircraft in flight;
(v) the communication of information which is
known to be false, thereby endangering thesafety of an aircraft in flight;
(d) the intentional commission of any of the following
acts:
(i) the taking away of the life or liberty of, or the
causing of bodily harm to, an internationallyprotected person;
(ii) the carrying out of a violent attack upon the
official premises, the private accommodation orthe means of transport of an internationallyprotected person likely to endanger his person orliberty;
(iii) a threat to commit any of the acts mentioned in
sub-paragraphs (i) and (ii);
                         CRIMINAL CODE               [CAP. 9.            163
(e) the seizure or detention and the threat to take away the
life, to cause bodily harm or to continue to detainanother person (the "hostage") in order to compel aState, an international intergovernmental organisation,a natural or juridical person or a group of persons, todo or to abstain from doing any act as an explicit orimplicit condition for the release of the hostage;
(f) the unlawful and intentional commission of any of the
following acts, using any device, substance or weapon:
(i) the performance of an act of violence against
any person at an airport serving internationalcivil aviation, which causes or is likely to causeserious injury or death, where any such actendangers or is likely to endanger safety at thatairport; or
(ii) the destruction or the serious damaging of the
facilities of an airport serving international civilaviation or an aircraft not in service locatedthereon, or the disruption of the services of suchan airport, where any such act endangers or islikely to endanger safety at that airport;
(g) an attempt to perform any of the acts referred to in
paragraphs ( b) to ( f) or the participation as an
accomplice in the performance or attempt thereof;
(h) the intentional commission of any of the following
acts:
(i) the receipt, possession, use, transfer, alteration,
disposal or dispersal of nuclear material, withoutlawful authority, which causes or is likely tocause death or serious injury to any person orsubstantial damage to property;
(ii) the theft or fraudulent obtaining of nuclear
material;
(iii) the demand for nuclear material by threat or use
of force, or by any other form of intimidation;
(iv) the threat to use nuclear material to cause death
or serious injury to any person or substantialdamage to property, or the threat to commit theftof nuclear material in order to compel a naturalor legal person, international organisation orState to do or to refrain from doing any act;
(v) an attempt to commit any of the acts mentioned
in sub-paragraphs (i) and (ii) or the participationas an accomplice in any of the acts mentioned insub-paragraphs (i) to (iv) or any attempt thereof;
(i) the unlawful and intentional commission of any of the
following acts:
(i) the unlawful seizure or the exercise of control
over a ship or fixed platform by the use of forceor threat thereof, or by any other form of
  
164              CAP. 9.]                       CRIMINAL CODE  
intimidation;
(ii) the performance of an act of violence against a
person on board a ship or a fixed platform,which is likely to endanger the safe navigationof that ship or the safety of that fixed platform;
(iii) the destruction of a ship or a fixed platform or
the causing of damage to a ship or its cargo, or a
fixed platform which is likely to endanger thesafe navigation of that ship, or the safety of thatfixed platform;
(iv) the placing or the causing to be placed on a ship,
by any means whatsoever, a device or substancewhich is likely to destroy that ship or to causedamage to such ship or to its cargo, whichendangers or is likely to endanger the safenavigation of that ship;
(v) the placing or the causing to be placed on a fixed
platform, by any means whatsoever, a device orsubstance which is likely to destroy that fixedplatform or likely to endanger its safety;
(vi) the destruction or the causing of serious damage
to maritime navigational facilities or the seriousinterference with their operation, where such actis likely to endanger the safe navigation of aship;
(vii) the communication of information which is
known to be false, thereby endangering the safenavigation of a ship;
(viii) the causing of bodily harm or the taking away of
the life of a person in connection with thecommission or attempted commission of any ofthe acts mentioned in sub-paragraphs (i) to (vii);
(j) an attempt to commit any of the acts referred to in
paragraph ( i), the participation as an accomplice in the
commission thereof or the abetting in the commissionof such acts perpetrated by another person;
(k) the use of threats aimed at compelling a person to do
or to refrain from doing any act referred to in sub-paragraphs (ii), (iii) and (vi) of paragraph ( i), where
such a threat is likely to endanger the safe navigationof the ship or the safety of the fixed platform;
(l) the unlawful and intentional delivery, placing,
discharge or detonation of an explosive or other lethaldevice in, into or against a place of public use, a Stateor government facility, a public transportation systemor an infrastructure facility with the intent to causedeath or serious bodily harm, or with the intent tocause extensive destruction of such a place, facility orsystem, where the destruction results in or is likely toresult in major economic loss;
                         CRIMINAL CODE               [CAP. 9.            165
(m) an attempt to commit any of the acts mentioned in
paragraph ( l) or the participation as an accomplice in
the performance or attempt thereof;
(n) the organisation or direction of others to commit or to
attempt to commit the acts mentioned in paragraph ( l);
(o) the contribution in any way to the commission of any
of the acts mentioned in paragraph ( l) or to the attempt
thereof by a group of persons acting with a commonpurpose, where such contribution is intentional and iseither made with the intent to further the generalcriminal activity or purpose of the group or in theknowledge of the intention of the group to commit anyof the acts mentioned in paragraph ( l);
(p) any act intended to cause death or serious bodily harm
to a civilian, or to any other person not taking anactive part in the hostilities in a situation of armedconflict, when the purpose of such act, by its nature orcontext, is to intimidate a population, or to compel agovernment or an international organisation to do or toabstain from doing any act.
Terrorist groups.
Added by: 
VI.2005 .2.
Amended by:
III.2015 .25;
XLII.2018 .5.328B. (1) For the purpose of this sub-title "terrorist group"
means a structured group of more than two persons, establishedover a period of time and acting in concert to commit terroristactivities.
(2) In sub-article (1) "structured group" means a group that is
not randomly formed for the immediate commission of an offenceand that does not need to have formally defined roles for itsmembers, continuity of its membership or a developed structure.
(3) Whosoever promotes, constitutes, organises, directs,
supplies information or materials to, or by any means, directly  or
indirectly, collects, receives, provides or invites another per son to
provide money or other property for, or otherwise finances aterrorist group knowing that such participation, involvement orfinancing will contribute towards the activities, whether crimi nal or
otherwise, of the terrorist group shall be liable -
(a) where the said participation or involvement consists in
directing the terrorist group, to the punishment ofimprisonment of not less than fifteen (15) years but notexceeding thirty (30) years:
Provided that where the activity of the terrorist group
consists only of the acts mentioned in article328A(2)(k) the punishment shall be that ofimprisonment for a period not exceeding eight years;
(b) in any other case, to the punishment of imprisonment
not exceeding eight years.
  
166              CAP. 9.]                       CRIMINAL CODE  
Offences linked 
to terrorist acts.
Added by: 
VI.2005 .2.
Amended by:
XI.2009 .6;
III.2015 .26;
VIII.2015 .19;
XLII.2018 .6.328C.  (1) Whosoever, with the intention of committing any of the
acts listed in article 328A(2)( a) to ( j) or in article 328B or in article
328C(2)( d) -
(a) commits an offence of theft aggravated as provided in
article 261; or
(b) commits the offence in article 113 or 250; or
(c) commits an offence of forgery or any of the offences
under sub-titles I and II of Title V ,
shall be liable to the same punishment laid down in article 328 A(3):
Provided that for the offences referred to in this sub-article,  it
shall not be necessary to establish a link to another specific offence
listed in this sub-title.
(2) Whosoever, knowingly -
(a) publicly provokes the commission of terrorist activities
by any means including but not limited to thedistribution, or otherwise making available by anymeans, whether online or offline, of a message to thepublic, with the intent to incite the commission of aterrorist offence, where such conduct, directly orindirectly, such as by the glorification of terrorist acts,advocates the commission of terrorist offences, therebycausing a danger that one or more such offences may becommitted;
(b) recruits or solicits another person to commit terrorist
activities or to travel for purposes mentioned inparagraph ( d);
(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 ortechniques, for the purpose of committing terroristactivities;
(cc) receives training or instruction, from another person in
the making or use of explosives, firearms or otherweapons or noxious or hazardous substances, or in otherspecific methods or techniques, for the purpose ofcommitting or contributing to the commission of terrorist
activities;
(d) travels or attempts to travel within or outside the
European Union, directly or by transiting through one orseveral Member States of the Union, for the purpose ofthe perpetration, planning, or preparation of, orparticipation in, terrorist activities or participation in theactivities of a terrorist group with knowledge of the factthat such participation will contribute to the criminalactivities of such a group or the providing or receiving of
training in terrorist activities;
(e) finances, organizes or in any other manner facilitates
travel for the purposes mentioned in paragraph ( d);
                         CRIMINAL CODE               [CAP. 9.            167
(f) produces, distributes, disseminates, imports, exports,
offers, sells, supplies, transmits, makes available,procures for oneself or for another, or shows apublication likely to encourage or induce thecommission of terrorist activities or to be useful in thecommission of such activities,
shall be liable to the same punishment laid down in article 328 A(3).
(3) Whosoever -
(a) organizes or directs others to commit an offence under
sub-article (2); or
(b) in any other way knowingly contributes to the
commission of one or more of the offences under sub-article (2), by a group of persons acting with acommon purpose when such contribution is made withthe aim of furthering the general criminal activity orpurpose of the group or in the knowledge of theintention of the group to commit the offence oroffences concerned, 
shall be liable to the punishment of imprisonment of four to th irty
years.
(4) For the commission of an offence under this article or artic le
328B, it shall not be necessary that terrorist activities be ac tually
committed.
(5) Where the offence referred to in paragraphs (b) and (c) of
sub-article (2) is directed towards a child, the punishment sha ll be
increased by one degree and shall not be awarded in its minimum .
(6) For the purpose of ensuring the prompt removal or blocking o f
online content constituting public provocation to commit a terr orist
activities as defined in sub-article (2)(a), the provisions of sub-title V of
Title I of Book Second, of sub-title VII of Title I of Book Sec ond, of
article 23 and of article 337G of this Code shall, mutatis mutandis,
apply.
Inciting, aiding 
or abetting.
Added by: 
VI.2005 .2.
Substituted by:
XLII.2018 .7.328D.  Whosoever incites, aids or abets any offence under the
aforegoing articles of this sub-title shall be guilty of an off ence and
shall be liable on conviction to the punishment laid down for t he
offence incited, aided or abetted.
Terrorist 
property.
Added by: 
VI.2005 .2.
Amended by:
III.2015 .27;
XLII.2018 .7.328E. (1) In this sub-title, "terrorist property" means -
(a) money or other property which is likely to be used for
the purposes of terrorist activities, including anyresources of a terrorist group,
(b) proceeds of the commission of terrorist activities, and
(c) proceeds of acts carried out for the purposes of
terrorist activities.
(2) In sub-article (1) -
(a) a reference to proceeds of an act includes a reference
  
168              CAP. 9.]                       CRIMINAL CODE  
to any property which wholly or partly, and directly or
indirectly, represents the proceeds of the act (includingpayments or other rewards in connection with itscommission), and
(b) the reference to a group’s resources includes a
reference to any money or other property which isapplied or made available, or is to be applied or madeavailable, for use by the group.
Funding of 
terrorism.
Added by: 
VI.2005 .2.
Amended by:
L.N. 407 of 
2007 ;
III.2015 .28;
LII.2020. 3.328F. (1) Whosoever by any means, directly or indirectly,
collects, receives, provides or invites another person to provi de,
money or other property or otherwise provides finance intending  it
to be used, or which he has reasonable cause to suspect that it  may
be used, in full or in part, for the purposes of terrorist acti vities or
knowing that it will contribute towards the activities, whethercriminal or otherwise, of any person involved in terrorist acti vities
or of a terrorist group sh all, on conviction, and unless the fact
constitutes a more serious offence under any other provision of  this
Code or of any other law, be liable to the punishment of
imprisonment for a term of not less than four years but not exc eeding
twenty years or to a fine ( multa ) not exceeding two million and five
hundred thousand euro (€2,500,000) or to both such fine andimprisonment.
(2) In this article a reference to the provision of money or oth er
property is a reference to its being given, lent or otherwise m ade
available, whether for consideration or not.
Use and 
possession.
Added by: 
VI.2005 .2.
Amended by:
III.2015 .29;
XLII.2018 .8;
LII.2020. 4.328G. (1) Whosoever uses money or other property for the
purposes of terrorist activities shall, on conviction, be liabl e to the
punishment of imprisonment from seven years to life.
(2) Whosoever is in possession of money or other property
intending it to be used, or having reasonable cause to suspect that it
may be used, for the purposes of terrorist activities shall, onconviction, be liable to the punishment laid down in article328F(1):
Provided that for the purposes of this article and of article
328F it shall not be necessary that the funds are in fact used,  in full or
in part, to commit or to contribute to any of the offences prov ided for,
nor shall it be required that the offender knows for which spec ific
offence the funds are to be used.
Funding 
arrangements.
Added by: 
VI.2005 .2.
Amended by:
III.2015 .30.328H.  Whosoever -
(a) enters into or becomes concerned in an arrangement as
a result of which money or other property is madeavailable 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 thepurposes of terrorist activities,
shall on conviction be liable to the punishment laid down in ar ticle
328F(1).
                         CRIMINAL CODE               [CAP. 9.            169
Facilitating 
retention or control of terrorist property.
Added by: 
VI.2005 .2.328I. (1) Whosoever enters into or becomes concerned in an
arrangement which facilitates the retention or control by or onbehalf of another person of terrorist property -
(a) by concealment,
(b) by removal from the jurisdiction,
(c) by transfer to nominees, or
(d) in any other way,
shall, on conviction, be liable to the punishment laid down in
article 328F(1).
(2) It is a defence for a person charged with an offence under
sub-article (1) to prove that he did not know and had no reason able
cause to suspect that the arrangement related to terrorist prop erty.
Corporate 
criminal liability.
Added by: 
VI.2005 .2.
Amended by:
L.N. 407 of 
2007 ;
XLII.2018 .9;
LII.2020. 5.328J. (1) The provisions of article 121D shall apply where a
person is found guilty of an offence under this subtitle sohowe ver
that the body corporate shall for such offence be liable to thepunishment of a fine ( multa ) not exceeding five million euro
(€5,000,000).
(2) The body corporate shall also be held liable for an offence
under this sub-title where the lack of supervision or control b y a
person referred to in article 121D has made possible thecommission of the offence for the benefit of the body corporate ,
which shall upon conviction be liable to the punishment laid do wn
in sub-article (1):
Provided that notwithstanding the provisions of sub-article (1) ,
nothing shall preclude the institution of criminal proceedings against
the natural persons referred to in sub-article (1), who act asperpetrators, inciters or accessories in any of the offences un der this
sub-title.
Other penalties.
Added by: 
VI.2005 .2.
Amended by:
XLII.2018 .10.328K.  Without prejudice to any other punishment to which the
offence may be liable under this Code or any other law, where t he
offender is a body corporate liable to punishment under theprovisions of article 328J the Court may, at the request of theprosecution, order -
(a) the suspension or cancellation of any licence, permit
or other authority to engage in any trade, business orother commercial activity;
(b) the temporary or permanent closure of any
establishment which may have been used for thecommission of the offence;
(c) the compulsory winding up of the body corporate.
(d) exclusion from entitlement to public benefits or State
aid;
(e) placing under judicial supervision:
Provided that for the purposes of sub-article (e), the
  
170              CAP. 9.]                       CRIMINAL CODE  
judicial authorities may make use of the services offered
by the Asset Recovery Bureau as established by law.
Forfeiture.
Added by: 
VI.2005 .2.
Amended by:
III.2015 .31.328L. (1) The court by or before which a person is convicted of
an offence under any of articles 328F to 328I may make a forfei ture
order in accordance with the provisions of this article.
(2) Where a person is convicted of an offence under articles
328F or 328G the court may order the forfeiture of any money orother 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 suspectwould or might be used, for the purposes of terroristactivities.
(3) Where a person is convicted of an offence under article
328H the court may order the forfeiture of the money or otherproperty -
(a) to which the arrangement in question related, and
(b) which, at the time of the offence, he knew or had
reasonable cause to suspect would or might be used,for the purposes of terrorist activities.
(4) Where a person is convicted of an offence under article
328I the court may order the forfeiture of the money or otherproperty 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 an y
money or other property which wholly or partly, and directly orindirectly, is received by any person as a payment or other rew ard
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.
Amended by:
VIII.2015 .20;
XLII.2018 .11.328M.  Without prejudice to the provisions of article 5, the courts
in Malta shall also have jurisdiction over the offences laid do wn in
this sub-title where -
(a) the offence is committed even if only in part in the
territory of Malta or on the sea in any place within theterritorial jurisdiction of Malta;
(b) the offender is a Maltese national or permanent
resident within the meaning of article 5(1)( d) in Malta;
(c) the offender is a person suspected or convicted of an
offence laid down in this sub-title and whose surrenderor extradition to another country for such an offence isrefused by Malta even if there is no provisionaccording to the laws of Malta other than the presentprovision in virtue of which the criminal action may be
                         CRIMINAL CODE               [CAP. 9.            171
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 terroristgroup 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 theEuropean Union or a body set up in accordance withthe Treaties and based in Malta:
Provided that for the purposes of this paragraph:
Cap. 460."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 25thMarch, 1957 and the Treaty on European Uniondone at Maastricht on the 7th February, 1992,and the Protocols annexed thereto.
(g) Where the offence falls within the jurisdiction of
Malta and any other Member State of the EuropeanUnion and where such Member States can validlyprosecute on the basis of the same facts, the saidMember States shall cooperate in order to decidewhich one of them shall prosecute the offenders,having regard to the following factors:
(i) the Member State shall be that in the territory of
which the offence was committed; 
(ii) the Member State shall be that of which the
offender is a national or resident; 
(iii) the Member State shall be the country of origin
of the victims; 
(iv) the Member State shall be that in the territory of
which the offender was found:
Provided that for the purposes of this paragraph
cooperation between Member States of theEuropean Union may be facilitated throughrecourse to Eurojust;
''Eurojust'' shall have the same meaning assigned to it by Coun cil
Decision 2002/187/JHA of 28 February 2002 of the EuropeanUnion.
Mitigation of 
punishment.
Added by:
XLII.2018 .11.328MA.   The punishment awarded under this sub-title may be
reduced by up to two degrees if the offender:
(a) renounces terrorist activity; and
(b) provides the administrative or judicial authorities with
information which they would not otherwise have beenable to obtain, helping them to: 
  
172              CAP. 9.]                       CRIMINAL CODE  
(i) prevent or mitigate the effects of the offence; 
(ii) identify or bring to justice the other offenders; (iii) find evidence; or (iv) prevent further offences referred to in articles
328A to 328D and 328F.
Added by:
XI.2009 .7.Sub-title IV B
OF PIRACY
Definition of 
piracy.
Added by:
XI.2009 .7.328N.  (1) For the purposes of this subtitle "piracy" means any
of the following acts:
(a) any illegal acts of violence or detention, or any act of
depredation, committed for private ends by the crew orpassengers of a private ship or a private aircraft, anddirected:
(i) on the high seas, against another ship or aircraft,
or against persons or property on board suchship 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, governmentship or government aircraft whose crew has mutiniedand 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 ita 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 p ersons in
dominant control to be used for the purpose of committing one o f
the acts referred to in sub-article (1) or if the ship or aircr aft has
been used to commit any such act and the ship or aircraft remai ns
under the control of the person guilty of that act.
(3) Any person guilty of piracy under this article shall be
liable:
(a) where the offence consists in any of the acts referred to
in sub-article (1)( a) and ( b) when accompanied with
the loss of life of any person, to the punishment ofimprisonment 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 ofimprisonment not exceeding thirty years;
(c) where the offence consists in any act referred to in
sub-article (1)( c), to the punishment of imprisonment
                         CRIMINAL CODE               [CAP. 9.            173
for a term not exceeding eight years;
(d) where the offence consists in any act referred to in
sub-article (1)( d), to the punishment laid down for the
act incited or facilitated.
Jurisdiction.
Added by:
XI.2009 .7.
Amended by:
VIII.2015 .21.328O.  (1) Without prejudice to the provisions of article 5, the
Maltese courts shall also have jurisdiction over the offences l aid
down in this article where the offence is committed:
(a) by any citizen of Malta or permanent resident in
Malta;
(b) by any person while on board any ship, vessel or
aircraft belonging to Malta;
(c) by any person against any ship, vessel or aircraft
belonging to Malta or against the person or property ofany citizen of Malta or permanent resident in Malta.
(2) For the purposes of this article a ship, vessel or aircraft
shall be deemed to belong to Malta in the same circumstancesmentioned in article 5(2).
(3) For the purposes of this article, the phrase "permanent
resident" shall have the same meaning assigned to it by article5(1)( d).
GENERAL PROVISIONS APPLICABLE TO THIS TITLE
Punishment in 
respect of offences against property accompanied with offences against the person.329. The punishments established in the respective articles of
this Title for any offence against property accompanied withhomicide, bodily harm, or confinement of the person, shall alwa ys
be applied if the act of violence has been completed, even thou gh
the offence against the property was merely attempted. 
Unlawful entry 
into houses, etc. 
Added by: 
IX.1859.21. 
Amended by:
VI.1871.25;
XLIX.1981 .4;
III.2002 .69.330.  In the case of any entry into any house or other place or
enclosure by any of the means mentioned in articles 264, 265 an d
266, although there is no evidence of any act constituting anattempt 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 orany offence against the person as defined in article5(1)( d), or if it is proved that the offender was
previously convicted of any such offence or of any ofthe 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 ).
  
174              CAP. 9.]                       CRIMINAL CODE  
No criminal 
action for offences against the property of descendants, etc. 
Amended by: 
XI.1900.49;
XX.2005 .16;
XXIII.2017 .12. 331.  Except in the cases referred to in articles 316, 317 and
318, no criminal proceedings may be instituted except on thecomplaint of the injured party for offences committed against t he
property of any descendant or relative by affinity in the desce nding
line, or of any one of the spouses, unless such offences beaccompanied with homicide, bodily harm or confinement of theperson or with a threat to kill or to inflict bodily harm.
Criminal action 
for offences against the property of ascendants, etc., to be instituted on complaint of injured party. 
Amended by:
XI.1900.49. 332.  Except in the cases referred to in articles 316, 317 and
318, no criminal proceedings may be instituted except on thecomplaint of the injured party for offences committed against t he
property of any ascendant or relative by affinity in the ascend ing
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 consequen ce,
or with confinement of the person.
Outsiders 
excepted.
Amended by: 
XI.1900.49.333.  The limitations mentioned in the last two preceding
articles shall not operate in favour of such other persons as m ay
have taken part in the commission of the offence.
Receiving stolen 
property. 
Amended by: 
XI.1900.50; 
XXIX.1990 . 16.334.  Whosoever shall in Malta knowingly receive or purchase
any property which has been stolen, misapplied or obtained bymeans of any offence, whether committed in Malta or abroad, orshall knowingly take part, in any manner whatsoever, in the sal e or
disposal of the same, shall, on conviction, be liable - 
(a) if the property has been obtained by theft, to the
punishment established for theft, according to thevalue of the property;
(b) if the property has been obtained by means of any of
the various offences relative to unlawful acquisitionand possession of property, to the punishmentestablished for such unlawful acquisition orpossession;
(c) if the property has been obtained by fraud, to the
punishment established for the particular fraud bywhich the property was obtained:
Exemption from 
punishment.Provided that the offender shall be exempted from any
punishment in respect of any of the offences referred to in thi s
article, if, before any criminal proceedings are instituted aga inst
him and within three days after receiving, purchasing, or takin g
part in the purchase, sale or disposal as aforesaid, he shall d eliver
to the competent authority the property received, purchased, so ld or
disposed of, and shall make known the perpetrators of the offen ce:
Provided further that for the purpose of this article such
property shall only be deemed to have been stolen, misapplied o r
obtained by means of any offence committed abroad if it has bee n
obtained by any act of commission or omission which, if committ ed
in Malta, would have amounted to any of the offences mentioned in
paragraphs  (a), (b) and (c).
                         CRIMINAL CODE               [CAP. 9.            175
Failure to inform 
about stolen, etc., property.
Added by:
III.2002 .70.334A. Whosoever, on becoming aware that any property in his
possession is stolen property or property misapplied or obtaine d by
means of any offence, fails to giv e notice thereof to the Execu tive
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 ).
Rule as to 
estimation of damage.335.  In any offence the punishment whereof varies according to
the amount of the damage caused, such amount shall not beestimated by the gain made by the offender nor shall it include  any
interest accruing thereon, but it shall only be represented by the
actual damage suffered by the injured party at the time of theoffence.
Estimation of 
damage caused both to relative and outsider.336.  Where by the same offence the offender shall injure the
property of any of the persons referred to in article 331 and a lso the
property of any other person, and the punishment varies accordi ng
to the amount of the damage caused, such amount shall berepresented solely by the amount of the damage caused to theproperty of such other person.
Decrease of 
punishment.Substituted by:
III.2002 .71.337.  (1) In cases of fraud, the prescribed punishment shall be
diminished by one or two degrees if, previously to thecommencement of any criminal proceedings against the offender,the damage caused by the offence shall have been fully made goo d.
(2) In cases of theft, whether simple or aggravated, as well as
any offence of voluntary damage to property committed in thecourse of the execution of the offence of theft, the prescribedpunishment shall be diminished by two degrees if, prior to hisarraignment 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 theinjured party any damage that may have beencaused to the property, or
(ii) where the property has not been recovered, he
pays to the injured party the full value of theproperty so stolen; and
(c) fully makes good to the injured party any damage, to
other moveable or immoveable property, caused by, orin the course of the execution of, the offence of theft. 
(3) The prescribed punishment in the case of the offences
mentioned in sub-article (2) may be diminished by one degree if  the
offender complies with the provisions of that sub-article after  his
arraignment in court as aforesaid.
(4) The provisions of sub-articles (2) and (3) shall not apply -
(a) in the case of theft aggravated by violence consisting
in wilful homicide, attempted homicide, wilful bodilyharm or confinement of the person;
  
176              CAP. 9.]                       CRIMINAL CODE  
(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 inarticle 226A.
(5) The circumstances mentioned in sub-articles (1) and (2)
shall not be considered as special or exceptional reasons for t he
purpose of article 21.
Traffic in 
persons to enter or leave Malta illegally.
Added by:
III.2002 .72.
Amended by:
VI.2005 .3;
L.N. 407 of 
2007 ;
VIII.2015 .22.
Cap. 446.337A.  (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 contra vention
of the laws thereof or who, in Malta or outside Malta, conspire s to
that effect with any other person shall, without prejudice to a ny
other punishment under this Code or under any other law, be lia ble
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 andthose 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 mo re
than three the punishment shall be increased by one to threedegrees:
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 theconspiracy as aforesaid,
the punishment shall always be increased by two degrees even
when the first proviso does not apply.
(2) Without prejudice to the provisions of article 5, the courts
in Malta shall also have jurisdiction over the offence in this article
where -
(a) the offence is committed even if only in part in the
territory of Malta or on the sea in any place within theterritorial jurisdiction of Malta;
(b) the offender is a Maltese national or permanent
resident in Malta within the meaning of article 5(1)( d);
(c) the offence is committed for the benefit of a legal
person established in Malta.
Corporate 
criminal liability.
Added by:
VI.2005 .4.337AA.* 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.
*originally, as enacted by Act VI of 2005, this article was num bered article 337B.
                         CRIMINAL CODE               [CAP. 9.            177
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;
VIII.2015 .23.337B.  (1) For the purposes of this Sub-title the following
definitions, unless the context otherwise requires, shall apply :
"computer" means an electronic device that performs logical,
arithmetic and memory functions by manipulating electronic ormagnetic impulses, and includes all input, output, processing,storage, software and communication facilities that are connect ed
or related to a computer in a computer system or computer netwo rk;
"computer data" means any representation of facts, information
or concepts in a form suitable for processing in an informationsystem or in a computer system, including a program suitable tocause a computer system to perform a function;
"computer  network"  means  the  interconnection  of
communication lines and circuits with a computer through a remo te
device or a complex consisting of two or more interconnectedcomputers;
"computer output" or "output" means a statement or a
representation of data whether in written, printed, pictorial, screen
display, photographic or other film, graphical, acoustic or oth er
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, includin g
paper and microform and any storage media, electronic orotherwise;
"computer system" means a set of related computer equipment,
hardware or software;
"function" includes logic, control, arithmetic, deletion, stora ge,
retrieval and communication of data or telecommunication to, fr om
or within a computer;
"information system" means a device or group of inter-connected
or related devices, one or more of which, pursuant to a program me,
automatically processes computer data, as well as computer datastored, processed, retrieved or transmitted by that device or g roup
of devices for the purposes of its or their operation, use, pro tection
and maintenance;
"supporting documentation" means any documentation used in
the computer system in the construction, clarification,implementation, use or modification of the software or data.
(2) A reference in this Sub-title to software includes a
  
178              CAP. 9.]                       CRIMINAL CODE  
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 supportin g
documentation held in a computer or computer system includes areference to data, software or supporting documentation beingtransmitted through a computer network.
(5) For the purposes of this Sub-title, a person uses software i f
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 i n
a computer includes a reference to any software or data held in  any
removable storage medium which is for the time being in thecomputer.
Unlawful access 
to, or use of, information.
Added by:
III.2001 .27.
Amended by:
VII.2010 .26;
VIII.2015 .24.337C.  (1) A person who without authorisation does any of the
following acts shall be guilty of an offence against this artic le -
(a) uses a computer or any other device or equipment to
access any data, software or supporting documentationheld in that computer or on any other computer, oruses, copies or modifies any such data, software orsupporting 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 mannerwhatsoever;
(c) copies any data, software or supporting documentation
to any storage medium other than that in which it isheld 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 orreliability of any data;
(ee) hinders or interrupts the functioning of an information
system by inputting computer data, by transmitting,damaging, deleting, deteriorating, altering orsuppressing such data, or by rendering such datainaccessible;
(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 or renders suchdata inaccessible;
(h) discloses a password or any other means of access,
                         CRIMINAL CODE               [CAP. 9.            179
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 accessor identification information in a computer or in anymanner infringes any security measure to gain accesswithout authorization to the whole or to any part of aninformation system;
(j) discloses any data, software or supporting
documentation unless this is required in the course ofhis duties or by any other law;
(k) intercepts by technical means, non-public
transmissions of data, to, from or within aninformation system or a computer system, includingelectromagnetic emissions from an information systemor a computer system carrying such computer data;
(l) produces, sells, procures for use, imports, distributes,
possesses or otherwise makes available a device,including a computer program, designed or adaptedprimarily for the purpose of committing any of the actsin paragraphs ( a) to ( j) or a computer password, access
code, or similar data by which the whole or any part ofan information system is capable of being accessed.
(2) For the purposes of this Sub-title:
(a) a person shall be deemed to act without authorisation
if he is not duly authorised by an entitled person;
(b) a person shall be deemed to be an entitled person if the
person himself is entitled to control the activitiesdefined in sub-article (1)( a) to ( j) or in article 4( a) and
(b) of this Sub-title.
(3) For the purposes of sub-article (1):
(a) a person shall be deemed to have committed an offence
irrespective of whether in the case of anymodification, such modification is intended to bepermanent 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 executedor, in the case of data, it is capable of being processedby a computer, is immaterial.
(4) For the purposes of sub-article (1)( f), a person who for the
fact that he has in his custody or under his control any data,computer software or supporting documentation which he is notauthorised to have, shall be deemed to have taken possession of  it.
Misuse of 
hardware.
Added by:
III.2001 .27.337D. Any person who without authorisation does any of the
following acts shall be guilty of an offence against this artic le -
(a) modifies computer equipment or supplies that are used
or intended to be used in a computer, computer system
  
180              CAP. 9.]                       CRIMINAL CODE  
or computer network;
(b) takes possession of, damages or destroys a computer,
computer system, computer network, or computersupplies used or intended to be used in a computer,computer system or computer network or impairs theoperation of any of the aforesaid.
Commission of 
an offence outside Malta.
Added by:
III.2001 .27.337E.  If any act is committed outside Malta which, had it been
committed in Malta, would have constituted an offence against t he
provisions of this Sub-title, it shall, if the commission affec ts any
computer, software, data or supporting documentation which issituated in Malta or is in any way linked or connected to a com puter
in Malta, be deemed to have been committed in Malta.
Offences and 
penalties.
Added by:
III.2001 .27.
Amended by:
L.N. 407 of 
2007 ;
VIII.2015 .25.337F.  (1) Without prejudice to any other penalty established
under this Sub-title, any person who contravenes any of theprovisions of this Sub-title shall be guilty of an offence and shall be
liable on conviction to a fine ( multa ) not exceeding twenty-three
thousand and two hundred and ninety-three euro and seventy-thre e
cents (23,293.73) or to imprisonment for a term not exceeding f our
years, or to both such fine and imprisonment.
(2) The penalty shall be increased to a fine (multa) of not less
than five hundred euro (€500) and not exceeding one hundred andfifty thousand euro (€150,000) or to imprisonment for a term fr om
twelve months to ten years, or to both such fine and imprisonme nt
in each of the following cases where the offence:
(a) constitutes an act which is in any way detrimental to
any function or activity of Government, or hampers,impairs or interrupts in any manner whatsoever theprovision of any public service or utility, whether ornot such service or utility is provided or operated byany Government entity;
(b) causes serious damage;
(c) is committed against a critical infrastructure facility
information system;
(d)  is committed within the framework of a criminal
organisation within the meaning of CouncilFramework Decision 2008/841JHA of 24 October2008 on the fight against organised crime;
(e) is committed through the misuse of personal data of
another person, with the aim of gaining the trust of athird party, thereby causing prejudice to the rightfulidentity owner:
Provided that where a person is found guilty of an offence
against this sub-article for a second or subsequent time, theminimum of the penalty for such an offence shall not be less th an
five thousand euro (€5,000):
Provided further that in this article "infrastructure facility"
shall have the same meaning assigned to it by article 314A(4).
(3) The penalties established under sub-article (2) shall also
                         CRIMINAL CODE               [CAP. 9.            181
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 theprejudice of a third party, if his capacity, real orfictitious, as employee, shall have afforded himfacilities in the commission of the offence; and
(b) with the exception of sub-article (2), where the offence
committed by a person is the second or subsequentoffence 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 offen ce
under this Sub-title shall be guilty of that offence and shall on
conviction be liable to the same punishment provided for theoffence.
(5) Any person who is an accomplice in the commission of an
offence against this Sub-title or who in any way incites, aids or
abets such commission shall be liable to the same penaltiescontemplated 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 th e
burden of proving any such authorisation shall lie with the per son
alleging such authorisation:
Provided that this burden shall not be considered to have
been discharged with the mere uncorroborated testimony of theperson charged.
Search and 
seizure.
Added by:
III.2001 .27.337G.  The Minister may, for the purposes of this Sub-title, by
regulations prescribe:
(a) the manner in which the Police may search computers,
computer systems or computer supplies and seize dataor software stored therein;
(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.
Amended by:
VIII.2015 .26.337H.  (1) The provisions of articles 121D, 208B(5), 248E(4)
and 248E(4A) shall apply mutatis mutandis  to any offence under
this sub-title.
(2) The provisions of article 328K shall also apply mutatis
mutandis  to any offence under this sub-title as if the reference
therein to article 328J were a reference to article 121D.
PART III
OF CONTRA VENTIONS AND PUNISHMENTS 
  
182              CAP. 9.]                       CRIMINAL CODE  
Title I
OF CONTRA VENTIONS 
Sub-title I
OF CONTRAVENTIONS AFFECTING PUBLIC ORDER
Contraventions 
affecting public order.338.  Every person is guilty of a contravention against public
order, who - 
(a) without permission, cuts any grass in or about any
fortification;
(b) throws any building material or rubbish in any ditch or
in the vicinity of any fortification;
Amended by: 
IV .1856.18; XII.1904.48; XII.1913.9.(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 anyflagrant offence or of a hue and cry, refuses, withoutreasonable excuse, to give help, or refuses, when sorequired, to give information thereof, or gives falseinformation or particulars, to any person entrustedwith a public service in the actual exercise of hisduties;
(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 ofany person and fails to give information thereof to theExecutive Police;
(f) without permission keeps a public school;
Amended by:
IV .1856.19; XII.1913.9.(g) refuses to give, or untruthfully gives to any public
officer or any other person entrusted with a publicservice in the actual exercise of his duties, his name,surname, address and other particulars;
Amended by: 
XII.1914.10; 
XXXII.1986 .5.(h)Repealed by: X.1998 .52.
Amended by: 
VIII.1909.31.(i) not possessing property of any kind, and having no
other means of subsistence, fails to show that he hashabitually endeavoured to engage in or exercise someart, 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
                         CRIMINAL CODE               [CAP. 9.            183
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 allowedby law;
Amended by: 
XV .1937.5. (o) without permission, or against the prohibition of the
respective authorities, wears any civil, naval, militaryor air force uniform, or any ecclesiastical habits orvestments;
(p) leaves exposed in any street, open space, field, or other
public place, any ladder, iron bar, weapon, or otherinstrument, of which an improper use might be madeby thieves or other wrong-doers, or which might causeany injury;
Amended by: 
XLI.1933.1. (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 ofpassers-by;
Amended by: 
IV .1856.20; XI.1905.15. (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 orlowering the price of any article, or the wages oflabour, or of imposing conditions to the prejudice ofthe public, in matters relating to such profession orbusiness;
Amended by: 
XXVI.1927.1.(u) unlawfully tears or pulls down any public notice
affixed by the authorities, or any poster or placardaffixed in any public place or on any private propertywith the previous consent, express or implied, of theowner, during election time, by any political party orperson, containing the names of the candidates andappealing to citizens to vote for such candidates, orcovers up, wholly or in part, such poster or placardwith any other poster or placard, or in any othermanner 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 spacethan that made use of by any other party orindependent candidate, having regard to the spaceavailable in such public place and to the number ofsuch parties or independent candidates, and for suchpurpose the Police shall, by regulations to bepublished in the Gazette, fix the space to be thus madeuse of by any party or independent candidate and shallremove any poster or placard which may have beenaffixed in contravention of the said regulations by
  
184              CAP. 9.]                       CRIMINAL CODE  
encroaching upon the space assigned to others;
(v) causes any physician, surgeon, obstetrician, or
clergyman, to attend on or visit any person whom hefalsely represents to be sick;
Amended by: 
XIII.1899.1; XIII.1918.11.(w) leads an idle and vagrant life;
Added by:
XLIII.1966.2.(x) in any public place importunes any person to beg alms;
 Substituted by: 
XXI.1993 .86.(y) being a parent or a spouse, leaves his children or
spouse in want, whether in consequence of his or herdisorderly living or indolence;
Added by:
XIV.1983 .10. 
Substituted by: 
XXXII.1986 .5;
III.2002 .73.
Amended by:
XVI.2006 .7;
XI.2009 .9.(z) when so ordered by a court or so bound by contract
fails to give to a person the sum fixed by that court orlaid down in the contract as maintenance for thatperson, within fifteen days from the day on which,according to such order or contract, such sum shouldbe 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 offendershall be liable to the punishment of detention notexceeding three months or a fine ( multa ) not exceeding
two hundred euro or imprisonment for a term notexceeding two months;
Added by: 
IX.1859.22.(aa) leaves his parents in want in consequence of his
disorderly living or his indolence;
Amended by: 
IX.1911.13. 
Substituted by: 
XXVII.1975.22.(bb) even though in a state of intoxication, publicly utters
any obscene or indecent words, or makes obscene actsor gestures, or in any other manner not otherwiseprovided 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 publicpeace;
Added by:
IV .1856.21. 
Amended by: 
XII.1913.9.(ee) disobeys the lawful orders of any authority or of any
person entrusted with a public service, or hinders orobstructs such person in the exercise of his duties, orotherwise unduly interferes with the exercise of suchduties, either by preventing other persons from doingwhat they are lawfully enjoined or allowed to do, orfrustrating or undoing what has been lawfully done byother persons, or in any other manner whatsoever,unless such disobedience or interference falls underany other provision of this Code or of any other law;
                         CRIMINAL CODE               [CAP. 9.            185
Added by: 
III.1885.5. 
Amended by: 
IV .1888.1; XI.1905.15; 
VIII.1909.31.(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 ordisturbance, or is in possession of firearms, or refusesto quit any wine and spirit shop, inn, tavern orlodging-house, or attempts to enter any passenger boator vessel or other vehicle, or refuses to quit such boat,vessel or other vehicle notwithstanding the warning ofthe person in charge thereof not to enter into or to quitsuch boat, vessel or other vehicle;
Added by: 
I.1903.17. 
Amended by: 
VIII.1909.31; 
L.N. 4 of 1963.(gg) except in the cases specially provided for in this Code
or in any other law, performs any act without a licencefrom the competent authority, when such licence isrequired by any law or by any regulation made by thecompetent authority thereunder;
Added by: 
XII.1913.9.(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, affidavitor certificate, falsely representing the same asreferring to himself, or to any other person;
Added by: 
XII.1913.9.(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 concernedin the making of any bet or wager including a bet orwager connected with any game, sport or eventoccurring in Malta or elsewhere; or who is present inany place while such betting or wagering is takingplace;
Added by: 
XXXII.1986 .5.(jj) in any place, importunes any person to advertise, or to
make such person acquire, any service, product,property or property rights whatsoever;
Added by: 
II.1967.2.(kk) being a person over fifteen years of age, uses at any
children’s playground open to the public any playingequipment or similar facilities therein;
Added by: 
XXI.1993 .86.
Amended by:
III.2002 .73.(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;
Added by: 
VII 2010.27.(mm) uses gas canons or any other equipment that works
manually or automatically, to produce noises, mainlyintended to keep away animals from fields or otheropen spaces:
Provided that in such a case, besides awarding
punishment, the Court shall also order the removal ofthe equipment.
  
186              CAP. 9.]                       CRIMINAL CODE  
Sub-title II
OF CONTRA VENTIONS AGAINST THE PERSON
Contraventions 
against the person.339. (1) Every person is guilty of a contravention against the
person who - 
(a) challenges another to fight with stones;
(b) without inflicting any wound or blow, threatens others
with stones or other hard substances, or throws thesame, or takes up any other weapon against anyperson;
(c) throws stones or other hard substances at the terraces,
roofs, windows, doors, courtyards, lamps or walls ofhouses of other persons, or of any other building; orknocks at the door, or rings the bell of any otherperson’s house or building;
(d) attempts to use force against any person with intent to
insult, annoy or hurt such person or others, unless thefact constitutes some other offence under any otherprovision of this Code;
(e) utters insults or threats not otherwise provided for in
this Code, or being provoked, carries his insult beyondthe 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;
Amended by:
III.2014 .6.(h) being authorized to correct any other person, exceeds
the bounds of moderation:
Provided that, for the avoidance of any doubt, corporal
punishment of any kind shall always be deemed toexceed 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 injest;
(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 orpersons;
(k) meeting in the street any abandoned or stray child,
does not convey such child or immediately report thefact to the Executive Police, or does not otherwiseprovide 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,
                         CRIMINAL CODE               [CAP. 9.            187
crippled, feeble or deformed person;
Added by:
IV .1856.22.(o) even though without the intent of committing another
offence, enters into the dwelling-house of anotherperson, against the express warning of such person, orwithout his knowledge, or under false pretences or byany other deceit.
Added by: 
XI.1900.51. 
Amended by: 
I.1903.18; 
VIII.1909.32, 
33.(2) In the cases referred to in sub-article (1)( d), (e), (l) and  (o),
no proceedings shall be instituted except on the complaint of t he
injured party.
Sub-title III
OF CONTRA VENTIONS AGAINST PROPERTY
Contraventions 
against property.340. Every person is guilty of a contravention against property
who - 
(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 informationthereof to the Executive Police;
(d) commits any other violation of another person’s
property, to the prejudice of the owner or holderthereof, not specified in the preceding paragraphs ofthis article, nor otherwise provided for in this Code.
Title II
Amended by: 
XI.1900.52. OF THE PUNISHMENTS FOR CONTRA VENTIONS
Discretion of court in the application of the punishments for contraventions. 
Amended by: 
XI.1900.58; IX.1911.14. 341.  In any case in which the punishments established for
contraventions are to be applied, the court may, according tocircumstances, apply such punishments, either severally orcumulatively.
Minimum 
punishment for blasphemous words. 
Added by: 
X.1949.2. 
Amended by: 
XIII.1983 .5;
L.N. 407 of 
2007 .342.  In respect of the contravention under article 338( bb),
where the act consists in uttering blasphemous words orexpressions, the minimum punishment to be awarded shall in nocase 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.
  
188              CAP. 9.]                       CRIMINAL CODE  
Disqualification 
on conviction under article 340 (a).
Added by: 
XVI.1963.2.343.  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 fir earm
of the class or description used in the commission of thecontravention (including any airgun) for a period of twelve mon ths.
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 .52.344.  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.345.  In any matter not provided for in this Code, and which
forms the subject of any particular law or regulation, suchparticular law or regulation shall apply.
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
Duties of the 
Police. 
Amended by:
IV .1856.23;
VIII.1990 .3.
Substituted by:
III.2002 .74.
Amended by:
XIII.2018. 24.346. (1) It is the duty of the Police to preserve public order
and peace, to prevent and to detect and investigate offences, t o
collect evidence, whether against or in favour of the personsuspected of having committed that offence, and to bring theoffenders, whether principals or accomplices, before the judici al
authorities.
(2) Notwithstanding the generality of sub-article (1), where
authorised by law and in the manner so provided, the Police maydelay its immediate intervention for the prevention of thecommission of an offence.
                         CRIMINAL CODE               [CAP. 9.            189
(3) In the carrying out of their duties, the Police shall take a ll
measures necessary for the immediate protection of victims foll owing
an assessment as the case may be.
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 .74.347.  The Police shall not institute criminal proceedings, except
on the complaint of the injured party, in cases where the law d oes
not allow criminal proceedings to be instituted without suchcomplaint.
Tendering of 
assistance when required by head of household. 
Amended by: 
XXII.1976.4.Substituted by:
III.2002 .74.348. Where the head of any household requires an officer of the
Police to proceed to such house in order to ascertain any offen ce
which has been committed or to secure the evidence relatingthereto, the officer shall proceed thither with all convenient speed
taking with him witnesses where practicable.
Powers 
according to 
law.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
provision the word law has the same meaning assigned to it inarticle 124 of the 
Constitution .
Omission of 
precaution, formality or requirement not a bar to admissibility of evidence.(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.
Definitions. 
Amended by: 
XI.1900.54.Substituted by:
III.2002 .74.
Amended by:
L.N. 274 of 
2007 ;
L.N. 246 of 
2013 ;
Amended by:
IV.2014 .18.350.  (1) In this Title, and subject to the provisions of sub-
article (2):
"appropriate consent" means -
(a) in relation to a person who has attained the age of
eighteen years, the consent of that person;
(b) in relation to a person who has not attained the age of
eighteen years but has attained the age of fourteenyears, the consent of that person and the consent of hisparent 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 b y
the Minister responsible for the Police by a notice published i n the
Gazette;
"excluded material" means:
(a) personal records acquired or created by a person in the
course of any trade, business, profession or otheroccupation, or for purposes of any paid or unpaidoffice and which he holds in confidence;
(b) human tissue or tissue fluid which has been taken for
the purpose of diagnosis or medical treatment andwhich a person holds in confidence;
  
190              CAP. 9.]                       CRIMINAL CODE  
(c) journalistic material which a person holds in
confidence;
"intimate sample" means a sample of blood, semen or any other
tissue fluid, or pubic hair, and includes a swab taken from aperson’s body orifice other than the mouth;
"intimate search" means a search which consists of the physical
examination of a person’s body orifices other than the mouth;
"items subject to legal privilege" means any communication
between a professional legal adviser and his client or any pers on
representing his client and any document or record enclosed wit h or
referred to in such communication and made in connection with t he
giving of legal advice or in connection with or in contemplatio n of
legal proceedings and for the purposes of such proceedings, but  the
expression does not include items held with the intention offurthering a criminal purpose;
"journalistic material" means material in the possession of a
person who acquired or created it for the purposes of journalis m
and a person who receives material from someone who intends tha t
the recipient shall use it for the purposes of journalism is to  be
taken to have acquired it for those purposes;
"non-intimate sample" includes -
(a) a sample of hair other than pubic hair;
(b) a sample taken from a nail or from under a nail;
(c) a swab taken from any part of a person’s body
including the mouth but not any other body orifice;
(d) urine or saliva;
(e) a footprint or a similar impression of any part of a
person’s body other than a part of his hand;
(f) a voice sample;
"personal records" means documentary and other records
concerning an individual (whether living or dead) who can beidentified 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 anyvoluntary organisation or by any individual who byreason of his office or occupation has responsibilitiesfor his personal welfare or by reason of an order of acourt has responsibilities for his supervision;
"Schengen Information System" shall have the same meaning
assigned to it by Council Decision 2007/533/JHA of 12 June 2007  on
the establishment, operation and use of the second generationSchengen Information System and Regulation (EC) No. 1987/2006 o f
the European Parliament and of the Council of 20 December 2006 on
the establishment, operation and use of the second generation
                         CRIMINAL CODE               [CAP. 9.            191
Schengen Information System.
(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 firstacquired or created for the purposes ofjournalism;
(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 otherlaw.
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 .351.  (1) A police officer may, in a public place, or in any place
to which the public is admitted, even against payment of anentrance fee, search any person or vehicle, if he has a reasona ble
suspicion that the search will discover the possession of thing s,
which are prohibited, stolen or acquired as the result of any o ffence
whatsoever, or which may be used or may have been used in thecommission of an offence or which may serve in the investigatio n
of an offence.
(2) For the purposes of sub-article (1), the Police may stop a
person or a vehicle until the search is performed and shall sei ze 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 .74.352.  Where the search to be performed is required in an
unattended vehicle and it is not possible to obtain the attenda nce of
its registered owner, then a police officer may only carry out the
search if he has a warrant from a superior officer not below th e
rank of an inspector.
  
192              CAP. 9.]                       CRIMINAL CODE  
Limitation as to 
search, etc.
Amended by:
XI.1900.55; L.N. 46 of 1965;
VIII.1990 .3.
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 searc h be
conducted by a police officer not in uniform unless clearlyidentified by the production of a police identity card.
Report on 
search.Substituted by:
III.2002 .74.354.  Anything seized as a result of a search under the preceding
articles of this title shall be preserved and the Police carryi ng out
the search shall draw up a report stating all the particulars o f the
search and including a detailed list of the things so seized.
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;
XI.2018. 25.355.  The Police may organise a road check where there are
reasonable grounds for believing that a check on vehicles in orpassing through a locality may lead to -
(a) the arrest of a person who has committed or is
reasonably suspected of having committed or of beingabout to commit a serious crime or
(b) the discovery of anything the possession of which is
prohibited or restricted by law or which is connectedin any way whatsoever with the commission of aserious 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 isotherwise 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 inthe Schengen Information System; or
(g) the discovery of any property in respect of which an
alert has been entered in the Schengen InformationSystem:
Provided that for the purposes of this article "serious crime"
means any crime liable to the punishment of imprisonment.
Exercise of road 
check.
Added by:
III.2002 .74.355A.  (1) For the duration of the road check the Police may stop
all or any vehicles passing through or in the locality where th e road
check is being organised.
(2) Where a vehicle has been stopped in pursuance of the
provisions of this sub-title that vehicle may be searched by th e
                         CRIMINAL CODE               [CAP. 9.            193
Police.
Authorisation.
Added by:
III.2002 .74.355B.  A road check under this sub-title may only be organised
upon an authorisation in writing by a police officer not below the
rank of Inspector unless the matter admits of no delay in which  case
such authorisation may be given orally by a police officer notbelow the rank of sergeant and reduced to writing as soon aspracticable.
Evidence of 
other offences.
Added by:
III.2002 .74.355C.  Notwithstanding anything contained in the preceding
articles of this sub-title, where in the course of a road check ,
evidence is found of the commission of an offence other than th at
in respect of which the road check was organised, the Police sh all
also be entitled to investigate such offence and where appropri ate
to institute proceedings for that offence.
Saving of other 
laws.
Added by:
III.2002 .74.355D.  The provisions of this sub-title shall be without prejudice
to any power vested in the Police by any other law to stop vehi cles
for purposes other than those mentioned in this sub-title. 
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;
XI.2018. 25;
XIII.2018 .24355E.  (1) Saving the cases where the law provides otherwise,
no police officer shall, without a warrant from a Magistrate, e nter
any premises, house, building or enclosure for the purpose ofeffecting any search therein or arresting any person who hascommitted or is reasonably suspected of having committed or ofbeing about to commit any offence unless -
(a) the offence is a crime and there is imminent danger
that the said person may escape or that the corpus
delicti or the means of proving the offence will be
suppressed; or
(b) the person is detected in the very act of committing a
crime; or
(c) the intervention of the Police is necessary in order to
prevent the commission of a crime; or
(d) the entry is necessary for the execution of any warrant
or order issued by any other competent authority in thecases prescribed by law; or
(e) the arrest is for the purpose of apprehending a person
who is unlawfully at large after escaping from lawfularrest 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 analert has been entered in the SchengenInformation System and there is an imminentdanger that the said person may escape; or
  
194              CAP. 9.]                       CRIMINAL CODE  
(ii) discovering any property in respect of which an
alert has been entered in the SchengenInformation System and there is an imminentdanger that the property may be concealed, lost,damaged, altered or destroyed; or
(g) the entry is necessary for the protection of any person.
(2) The expression "enclosure" does not include any plot of
land enclosed by rubble walls.
(3) A warrant may also be issued by a Magistrate as mentioned
in sub-article (1) for the purpose of:
(a) effecting the arrest or ascertaining the whereabouts of
a person in respect of whom an alert has been enteredin the Schengen Information System; or
(b) discovering and seizing any property in respect of
which an alert has been entered in the SchengenInformation System.
Subsidiary 
powers of Police in execution of warrants.
Added by:
III.2002 .74.355F.  In cases where a police officer is empowered to enter into
any of the places mentioned in the last preceding article, it s hall be
lawful for such officer to open or break any door or window, if ,
after giving notice of his office and object, he cannot otherwi se
obtain entry.
Scope of search 
and of search warrant.
Added by:
III.2002 .74.355G.  (1) Any entry and search warrant issued under this Sub-
title and any search or seizure made under the provisions of th is
Sub-title shall not extend to legal privilege or to any exclude d
material.
(2) An entry and search warrant issued under this Sub-title
shall be deemed to have been granted to the police officer orofficers executing it.
(3) Without prejudice to the right of obtaining a new warrant
for the same purpose, an entry and search warrant may not beexecuted after the lapse of one month from the date of issue.
Times for 
execution of warrant.
Added by:
III.2002 .74.355H.  No warrant of entry and search may be executed after
sunset unless the Magistrate has otherwise authorised in thewarrant, or unless the executing Police officer has reasonable cause
to believe that the purpose of the entry and search will be fru strated
if the execution of the warrant is delayed.
Copy of warrant 
to person.
Added by:
III.2002 .74.355I.  The executing officer shall hand over a copy of the warrant
to the person occupying and present at the place searched or to  any
other person who appears to the s aid officer to be in charge of  the
same place and who happens to be present during the search. Ifthere is no person present who appears to the executing officer  to
be in charge of the premises the copy of the warrant shall be l eft in
an easily visible place on the premises. 
Limitation.
Added by:
III.2002 .74.355J.  A search under a warrant may only be a search to the
extent required for the purpose for which the warrant was issue d:
Provided that if, in the course of the search, offences other
than the offence or offences mentioned in the warrant are
                         CRIMINAL CODE               [CAP. 9.            195
discovered, the search may extend to the extent required for th e
purposes of such other offences.
Sub-title IV
POWERS OF ENTRY AND SEARCH WITHOUT WARRANT
Cases admitting 
of no delay.
Added by:
III.2002 .74.355K.  Any police officer may enter and search without a warrant
any premises, house, building or enclosure in the circumstanceslaid down in article 355E(1)( a) to ( e).
Entry and search 
after arrest.
Added by:
III.2002 .74.355L.  (1) The Police have the power to enter and search any
premises, house, building or enclosure used, occupied orcontrolled, even temporarily, by a person who is under arrest, if
they have reasonable grounds for suspecting that there is evide nce,
other than items subject to legal privilege, that relates to th e
offence or a connected offence, and such search shall be limite d to
the extent that is reasonably necessary for discovering suchevidence:
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 fo r 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 o f the
provisions of sub-article (1) seize and retain anything not sub ject to
legal privilege and which constitutes relevant evidence for thepurpose of any offence mentioned in the same sub-article. 
Limitation.
Added by:
III.2002 .74.355M.  (1) The powers mentioned in article 355L may be
exercised by a police officer not below the rank of inspector o r by
officers of a lower rank if so authorised in writing by an offi cer not
below the rank of inspector.
(2) Where the police officers on the scene are all below the
rank of inspector and the matter admits of no delay and the per son
occupying or in control of the premises is present and his pres ence
is necessary for the effective investigation of the offence, th e said
police officers may proceed to enter and search the premiseswithout the authorisation in writing referred to in sub-article  (1).
Report by 
officer.
Added by:
III.2002 .74.355N.  A police officer who has exercised any of the powers
mentioned in articles 355K and 355L shall, as soon as practicab le,
draw up a report of the entry and search without warrant, stati ng the
grounds for which it was exercised, and describing the results of
the search.
Connection of 
offences.
Added by:
III.2002 .74.355O.  For the purposes of this Sub-title there is connection
between offences when -
(a) the facts of the offences are substantially the same; or
(b) an offence has served as a means for the commission
  
196              CAP. 9.]                       CRIMINAL CODE  
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 acircumstance thereof.
Sub-title V
SEIZURE AND RETENTION
General rules of 
seizure.
Added by:
III.2002 .74.
Amended by:
L.N. 274 of 
2007 .355P.  The Police, when lawfully on any premises, may seize
anything which is on the premises if they have reasonable groun ds
for believing that it has been obtained in consequence of thecommission of an offence or that it is evidence in relation to an
offence or it is the subject of an alert in the Schengen Inform ation
System and that it is necessary to seize it to prevent it beingconcealed, lost, damaged, altered or destroyed.
Computer data.
Added by:
III.2002 .74.355Q.  The Police may, in addition to the power of seizing a
computer machine, require any information which is contained in  a
computer to be delivered in a form in which it can be taken awa y
and in which it is visible and legible.
Receipt for thing 
seized.
Added by:
III.2002 .74.355R.  The Police shall always issue to the person on the
premises or in control of the thing seized a receipt for anythi ng
seized and on request by any such person, the Police shall, aga inst
payment and within a reasonable time, supply to him photographs ,
or a film, video recording or electronic image or copies of the  thing
seized, unless the investigating officer has reasonable grounds  for
believing that this would be prejudicial to the investigation o r to
any criminal proceedings that may be instituted as a result the reof.
Retention.
Added by:
III.2002 .74.355S.  (1) Anything which has been lawfully seized by the
Police may be retained so long as is necessary in all thecircumstances.
(2) Without prejudice to the generality of the aforesaid,
anything lawfully seized by the Police under this Code may beretained for use as evidence at the trial or for forensic exami nation
or any other aspect of the investigation, or in order to establ ish the
thing’s lawful owner.
(3) The Commissioner shall provide for the proper custody of
anything seized. 
Restitution to 
owner.
Added by:
III.2002 .74.355T.  A person who is the rightful owner of a thing seized and
retained may, unless criminal proceedings in the course of whic h
the thing seized has been exhibited or is to be exhibited are p ending
before any court, make an application to a Magistrate for itsrestitution, and the Magistrate may, after hearing the Police, by a
decree order its release either unconditionally, or under suchconditions as may be necessary to preserve the evidential aspec ts of
the thing.
                         CRIMINAL CODE               [CAP. 9.            197
Photographs.
Added by:
III.2002 .74.355U.  Unless a thing is liable to forfeiture, nothing shall be
retained if a photograph, film, video recording or electronic i mage
or a copy of the thing would be sufficient:
Provided that before releasing the thing the Police may,
where they deem so necessary, apply to a Magistrate for a reper tus
to be drawn up and the provisions of Title II of Part II of Boo k
Second of this Code shall apply.
Sub-title VI
POWERS OF ARREST AND DETENTION
Arrest under 
warrant.
Added by:
III.2002 .74.355V .  Where there are lawful grounds for the arrest of a person,
the Police may request a warrant of arrest from a Magistrate, u nless
in accordance with any provision of law the arrest in question may
be made without a warrant.
Arrest by private 
persons.
Added by:
III.2002 .74.
Amended by:
XIII.2018 .24.355W.  (1) Any person not being a police officer may arrest
without warrant anyone who is in the act of committing or has j ust
committed any crime concerning sexual offences, any crime ofwilful homicide or bodily harm, or any crime of theft or of wil ful
unlawful entry or damage to property.
(2) The person making any arrest under sub-article (1) shall
without delay inform the Police of the fact of the arrest and s hall
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 ;
XI.2018. 25.355X. (1) Any police officer may arrest without warrant anyone
who is in the act of committing or has just committed a crimepunishable with imprisonment, or whom he reasonably suspects tobe about to commit or of having just committed such a crime.
(2) Any police officer may also proceed to the arrest of any
person in respect of whom an alert for his arrest has been ente red 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 distur bs
him in the execution of his duties, or disobeys his lawful orde rs.
(4) The powers mentioned in sub-articles (1), (2) and (3) shall
only be exercised until it is strictly necessary for the police  officer
to convey the person arrested to a police station and deliver h im to
a superior officer not below the rank of sergeant.
Detention 
without warrant under Schengen Information System.
Added by:
L.N. 
274 of 
2007 .355XX.  Any police officer may detain without warrant any
person who is indicated in an alert in the Schengen InformationSystem as a missing person or a person who, for his own protect ion
or in order to prevent threats, needs temporarily to be placed under
police protection.
  
198              CAP. 9.]                       CRIMINAL CODE  
Arrest for minor 
offences.
Added by:
III.2002 .74.
Amended by:
XI.2018. 25.355Y.  (1) In the case of contraventions, or of crimes not subject
to the punishment of imprisonment, it shall be lawful for the P olice
to proceed to the arrest of any person without a warrant, provi ded
that -
(a) the person be detected in the very act of committing
the offence; or
(b) the arrest be necessary to prevent the commission of
an offence in respect of which the Police may institutecriminal proceedings without the complaint of theinjured 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
committing an offence, if he is caught, either in the act ofcommitting the offence, or while being pursued by the injured p arty
or by the public hue and cry. 
General arrest 
conditions.
Added by:
III.2002 .74.355Z.  The general arrest conditions are -
(a) that the identity of the person is unknown or cannot be
readily ascertained by the police officer; or
(b) there is a doubt whether the particulars furnished by
the person are true; or
(c) that the person has not furnished a satisfactory address
for service, or there are doubts about whether theaddress provided is satisfactory for service, or that atleast some other person may according to law receiveservice 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 childor any other vulnerable person.
Conduct towards 
person arrested.
Added by:
III.2002 .74.355AB.  The officer or any other person authorised by law
making an arrest shall not use any harshness, bond or other mea ns
of restraint unless indispensably required to secure, or render ed
necessary by the insubordination of the person arrested.
Information to 
be given on arrest.
Added by:
III.2002 .74.355AC.  (1) When a person is arrested, the arrest is not lawful
unless the person arrested is informed that he is under arrest,  even
though the arrest may be obvious.
                         CRIMINAL CODE               [CAP. 9.            199
(2) The arrest is not lawful unless the person arrested is
informed at the time of his arrest or detention, in a language that he
understands, of the reasons for his arrest or detention:
Provided that if an interpreter is necessary and is not
readily available or if it is otherwise impracticable to comply  with
the provisions of this sub-article at the time of the person’s arrest or
detention, such provisions shall be complied with as soon aspracticable:
Provided further that, in any case, where the arrest is made
by a private person under the provisions of article 355V the gi ving
of the information may be delayed until the person arrested is taken
over by the Police.
Attendance at a 
police station or office.
Added by:
III.2002 .74.355AD.  (1) Where, in the course of an investigation, a person
attends voluntarily at, or accompanies a police officer to, a p olice
station or office, that person shall be free to leave at any ti me,
unless and until he is informed that he is under arrest.
(2) Where an inspector of Police has a reasonable suspicion
that the person who attended voluntarily at the police station or
office may have committed an offence subject to imprisonment, h e
may arrest such person forthwith without warrant and inform himaccordingly. The time of the arrest shall be immediately record ed
and immediate notice thereof shall be given to a Magistrate.
(3) The Police may, orally or by a notice in writing, require an y
person to attend at the police station or other place indicated  by
them to give such information and to produce such documents asthe Police may require and if that person so attends at the pol ice
station or place indicated to him he shall be deemed to haveattended that police station or other place voluntarily. The wr itten
notice referred to in this sub-article shall contain a warning of the
consequences of failure to comply, as are mentioned in sub-arti cle
(5).
(4) Any person who is considered by the police to be in
possession of any information or document relevant to anyinvestigation has a legal obligation to comply with a request f rom
the police to attend at a police station to give as required an y such
information or document: 
Provided that no person is bound to supply any information
or document which tends to incriminate him.
(5) A person who fails to comply with a notice in writing as is
referred to in sub-article (3) or who fails, upon being so requ ested,
even if only orally, to accompany voluntarily a police officer to a
police station or other place indicated by the police officer f or any
purpose mentioned in the said sub-article (3) shall be guilty o f a
contravention punishable with detention and shall be liable to be
arrested immediately under warrant.
(6) The notice mentioned in sub-article (3) may be served with
urgency in cases where the interests of justice so require.
(7) A person who attends voluntarily as mentioned in sub-
article (3) may be kept apart from any other person, but shall not be
  
200              CAP. 9.]                       CRIMINAL CODE  
kept in any place normally used for the detention of arrested
persons.
Arrest outside 
police stations or offices.
Added by:
III.2002 .74.355AE.  (1) When a police officer arrests a person at a place
other than a police station the arrested person shall be taken to the
nearest police station and where the arresting officer is an of ficer
below the rank of inspector he shall forthwith report the arres t to an
officer not below the rank of inspector. In any case the inspec tor or
officer in charge of that police station shall also be informed . 
(2) Where there are grounds for the continuation of the arrest
the person arrested shall be taken to a designated police stati on as
soon as practicable and in no case later than six hours from th e 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 bedelayed if that person’s presence is required elsewhere for thepurpose of any investigation which may be necessary.
(4) Where a person is released following arrest the police
officer ordering release shall record in writing the fact stati ng
reasons.
Search on 
arrested person.
Added by:
III.2002 .74.355AF.  (1) A police officer may immediately search the person
arrested:
(a) if the police officer has reasonable grounds for
believing that the arrested person may present a dangerto himself or others; or
(b) for anything which the arrested person might use to
assist him to escape from custody; or
(c) for anything which might be evidence related to an
offence.
(2) The provisions of article 353 of this Code shall apply to
searches under this article.
Sub-title VII
WARRANTS
                         CRIMINAL CODE               [CAP. 9.            201
Police to execute 
warrants of arrest or search.
Added by:
III.2002 .74.355AG.  (1) Saving the provisions of article 666, it is the duty of
the Police to execute any warrant or order of arrest or search that
may, in the cases prescribed by law, be issued or given by any other
competent authority.
(2) Any such warrant or order shall set forth the nature of the
offence, the name of the person, if known, by whom the offence is
alleged to have been committed and, in the case of a searchwarrant, 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.
Procedure for 
warrants.
Added by:
III.2002 .74.355AH.  (1) Whenever according to law the carrying out of an act
by the police requires the issue of a warrant by a Magistrate apolice officer may apply in person to a Magistrate requesting t he
issue of the appropriate warrant stating the grounds for the re quest
and giving the Magistrate all such information that will enable  the
Magistrate to decide on the request. Before deciding whether toissue the warrant the Magistrate may require the police officer  to
confirm on oath the information supplied by him and the warrantshall only be issued upon the Magistrate being satisfied thatsufficient grounds for the issue of the warrant exist.
(2) In cases of urgency, the request for the issue of the warran t
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 anypolice officer.
(4) Whenever a police officer requests the issue of a warrant of
arrest or search from a Magistrate in accordance with theprovisions of this Code and the Magistrate refuses to issue thewarrant the Police may request the issue of the same warrant fr om a
Judge who ordinarily sits in the Criminal Court.
Copies of 
warrants.
Added by:
III.2002 .74.355AI.  Except in the case of a warrant transmitted by facsimile,
any warrant shall be drawn upon in three signed copies one ofwhich shall be retained by the Magistrate while the others shal l be
delivered to the police officer who shall retain one copy for h is
records and shall cause the other one to be served on the perso n
entitled to be served with it:
Provided that where a police officer comes upon a person
against whom a warrant of arrest has been issued and, although not
in possession of a copy of the warrant, the police officer know s that
the warrant has been so issued, the officer shall arrest that p erson
and shall serve him with the copy of the warrant at the firstopportunity.
Report of arrest.
Added by:
III.2002 .74.355AJ.  (1) Where any person is arrested, whether with or
without a warrant, the arresting police officer or his superior  shall,
as soon as practicable and unless the person arrested has been
  
202              CAP. 9.]                       CRIMINAL CODE  
released within six hours from arrest, inform a Magistrate, giv ing
all details as to time and place where the person is being held .
(2) The Magistrate may order that the person arrested be
transferred to another place with immediate effect.
(3) Any person arrested in pursuance of any provision of this
Code and who has not been brought before a court within forty-eight hours of his arrest shall be released.
Immediate 
orders.
Added by:
III.2002 .74.355AK.  Any order of a competent authority touching on the
rights of the individual arising from the provisions of this su b-title
shall be carried out without delay, and for such purpose may becommunicated even by facsimile or telephone, under suchconditions as to guarantee its authenticity.
Sub-title VIII
DETENTION
Right to release.
Added by:
III.2002 .74.355AL.  (1) It shall be duty of the custody officer to order the
immediate release from custody of any person in police detentio n
in the circumstances mentioned in article 355AJ(3) or where thecustody officer becomes aware that the grounds for the detentio n of
that person have ceased to apply and there are no other lawfulgrounds on which the continued detention of that person could b e
justified.
(2) Before ordering the release from custody of a person under
sub-article (1) the custody officer shall inform the investigat ing
officer and a Magistrate and the final decision shall be taken by the
Magistrate.
(3) A person whose release is ordered under the provisions of
sub-article (1) shall be released unconditionally unless it app ears to
the custody officer -
(a) that there is need for further investigation of any
matter in connection with which he was detained atany 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 condi tions,
reduced to writing and signed by the person to be released, tha t he
will not attempt or do anything to leave Malta without the auth ority
of the investigating officer under whose authority he was arres ted
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 m ay
appoint.
(4) Where a custody officer has granted bail to a person subject
to a duty not to attempt or do anything to leave Malta without
                         CRIMINAL CODE               [CAP. 9.            203
authority or to appear at a police station, the custody officer  may
give notice in writing to that person that the condition not toattempt or do anything to leave Malta without authority no long er
applied or that his attendance at the police station is not req uired.
(5) Any person who fails to comply with any condition
imposed upon him upon his release as provided in sub-article (3 )
shall be guilty of a contravention.
(6) A police officer may arrest without a warrant any person
who, having been conditionally released under sub-article (3)subject to a duty not to attempt or do anything to leave Maltawithout authority or to attend a police station or subject to a  duty to
appear before the Court of Magistrates, attempts or does anythi ng
to leave Malta without authority or fails to attend at that pol ice
station or before the Court of Magistrates at the time appointe d for
him to do so.
(7) For the purposes of this sub-title a person who returns to a
police station to answer to bail or is arrested under sub-artic le (6)
shall be treated as arrested for the offence under sub-article (5) and
for the offence in connection with which he was granted bail an d
the provisions of this article shall apply to such person.
(8) The conditions made under sub-article (3) shall not remain
in force for more than three months from the date on which theywere imposed unless they are renewed by a Magistrate for furthe r
periods of three months each period upon an application by thePolice which shall be served for his reply upon the person on w hom
the conditions were imposed.
(9) At any time during which the conditions made under sub-
article (3) are in force the person on whom those conditions we re
imposed may by an application to be served on the Police for areply request a Magistrate that those conditions be removed ormodified. 
(10) The Minister may issue guidelines to be followed by
custody officers in the exercise of their discretion to imposeconditions under sub-article (3).
Requirement of 
custody officer.
Added by:
III.2002 .74.355AM.  (1) At every designated place of detention the
Commissioner shall appoint one or more custody officers not bel ow
the rank of sergeant who, in matters of detention, shall comply  with
any orders of a Magistrate.
(2) Any officer of any rank may perform the functions of a
custody officer at a designated place of detention if a custodyofficer 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 detenti on is,
at the time when the function falls to be performed, involved i n the
investigation of an offence for which the person is in policedetention such function shall be carried out by another custodyofficer or, if no such other custody officer is available, by t he next
most senior police officer who happens to be available at the t ime.
(4) In this article and elsewhere in this sub-title "designated
  
204              CAP. 9.]                       CRIMINAL CODE  
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 .74.355AN.  The custody officer shall perform such functions as may
be assigned to him by this Code or by any other law.
Functions of 
custody officer at a place other than a designated place of detention.
Added by:
III.2002 .74.355AO.  Where an arrested person is taken to a police station
which is not a designated place of detention the functions inrelation to him which would otherwise fall to be performed by acustody officer shall be performed:
(a) by an officer not below the rank of sergeant who is not
involved in the investigation of an offence for whichthe arrested person is in detention, if such an officer isreadily available; and
(b) if no such officer is readily available, by the officer
who took the arrested person to the police station or bythe most senior police officer at the police station atthe time.
Intimate 
searches of the person detained.
Added by:
III.2002 .74.355AP.  Where the arresting officer or the custody officer has a
reasonable suspicion that the person arrested may have conceale d
on his person any drug the unlawful possession of which wouldconstitute a criminal offence or any other item which a custodyofficer is authorised by this Code or by any other law to seize  from
the possession of an arrested person, the said officer may requ est a
Magistrate to order an intimate search of the person arrested.
Experts to be 
appointed.
Added by:
III.2002 .74.355AQ.  (1) Upon a request for an order under article 355AP the
Magistrate shall appoint an expert to carry out the search unde r
such safeguards as he may consider necessary for the purpose ofdecency and to report to him on his findings. A copy of the rep ort
shall be communicated without delay to the arresting or custodyofficer as the case may be.
(2) A person shall not be appointed an expert for the purpose of
carrying out an intimate search on a person of the opposite sexunless the expert is a medical practitioner and the person to b e
searched consents thereto in writing.
Seizure.
Added by:
III.2002 .74.355AR.  Anything found as a result of an intimate search under
the foregoing articles may be temporarily retained by the exper t
and may subsequently be seized by order of the Magistrate, and a
receipt therefore shall be given to the detained person. TheMagistrate may authorise the delivery against receipt of anythi ng
so seized to the police officer investigating the person intima tely
searched.
Sub-title IX
Substituted by:
LI.2016 .2.RIGHT TO LEGAL ASSISTANCE AND OTHER RIGHTS 
DURING DETENTION
                         CRIMINAL CODE               [CAP. 9.            205
Right to consult 
a medical practitioner.
Added by:
III.2002 .74.
Substituted by:
LI.2016 .3.355AS.  (1) The suspect or accused person shall, at his request,
be allowed to consult a medical practitioner of his choice and,  if
such medical practitioner is not readily available, any other m edical
practitioner.
(2) Immediately upon arrest and without undue delay, the
Executive Police or any other law enforcement or judicial autho rity
shall inform the suspect or an arrested person of such a right.
(3) A record shall be kept that the suspect or accused person
has been duly informed of such right by the Executive Police or  by
any other law enforcement or judicial authority.
(4) The words "the suspect" and "the accused person" in this
article have the same meaning assigned to them by article355AT(2).
Subject matter 
of this Sub-title.
Added by:
III.2002 .74.
Substituted by:
LI.2016 .4.355AT.  (1) This Sub-title transposes the provisions of Directive
2013/48/EU of the European Parliament and of the Council of 22October 2013 on the right of access to a lawyer in criminalproceedings and in European arrest warrant proceedings, and on the
right to have a third party informed upon deprivation of libert y and
to communicate with third persons and with consular authoritieswhile deprived of liberty, published in the Official Journal of  the
European Union on 6 November 2013 (L 294/1).
(2) This Sub-title lays down minimum rules concerning the
rights of:
(a) the suspect (hereinafter in this Sub-title referred to as
"the suspect"), that is, a person who is detained orarrested by the Executive Police or any other lawenforcement or judicial authority where such personhas not been charged before a court of justice ofcriminal jurisdiction and who is being questioned bythe Executive Police or any other authority asaforesaid in relation to any criminal offence;
(b) a person charged or accused of having committed a
criminal offence (hereinafter referred to in this Sub-title as "the accused person");
(c) a person subject to proceedings pursuant to Council
Framework Decision of 13 June 2002 on the Europeanarrest warrant and the surrender procedures betweenMember States (2002/584/JHA)  published in the
Official Journal on 18 July 2002 (L 190/1), hereinafter
referred to as "the European arrest warrantproceedings".
(3) The persons mentioned in sub-article (2) shall enjoy the
following rights:
(a) to have access to a lawyer;
(b) to have a third party informed of the deprivation of
their liberty; and
(c) to communicate with third persons and with consular
authorities whilst deprived of their liberty.
  
206              CAP. 9.]                       CRIMINAL CODE  
(4) For the purpose of this Sub-title, the expression "lawyer"
means an advocate or a legal procurator who is authorised by la w to
exercise that respective profession in terms of law.
Scope of this
Sub-title.
Added by:
III.2002 .74.
Substituted by:
LI.2016 .4.355AU.  (1) This Sub-title applies to suspects or accused persons
in criminal proceedings from the time when they are made awareby the Executive Police or by any other law enforcement or judi cial
authority, by official notification or otherwise, that they aresuspected or accused of having committed a criminal offence, an d
irrespective of whether they are deprived of liberty.
(2) This Sub-title applies until the conclusion of the
proceedings, which is understood to mean the final determinatio n
of the question whether the suspect or the accused person hascommitted an offence, including, where applicable, sentencing a nd
the resolution of any appeal.
(3) This Sub-title applies also to persons subject to European
arrest warrant proceedings in terms of Framework Decision 2002/584/JHA referred to in article 355AT(2)( c) (hereinafter referred to
as "the requested persons") from the time of their arrest inaccordance with article 355AUJ.
(4) This Sub-title also applies, under the same conditions as
provided for in sub-article (1), to persons other than the susp ect or
the accused person who, in the course of questioning by theExecutive Police or by another law enforcement or judicialauthority, become suspects or accused persons.
(5) Without prejudice to the right to a fair trial, in respect o f
minor offences -
(a) where the law provides for the imposition of a sanction
by an authority other than a court having jurisdictionin criminal matters, and the imposition of such asanction may be appealed or referred to such a court;or
(b) where deprivation of liberty cannot be imposed as a
sanction,
this Sub-title shall only apply to the proceedings before a cou rt
having jurisdiction in criminal matters:
Provided that, in any event, this Sub-title shall fully apply
where the suspect or accused person is deprived of liberty,irrespective of the stage of the criminal proceedings.
The right of 
access to a lawyer in criminal proceedings.
Added by:
LI.2016 .4.355AUA.  (1) The suspect or the accused person shall have the
right of access to a lawyer in such time and in such a manner s o as
to allow him to exercise his rights of defence practically andeffectively.
(2) The suspect or the accused person shall have access to a
lawyer without undue delay. In any event, the suspect or theaccused person shall have access to a lawyer from whichever of the
following points in time is the earliest:
(a) before they are questioned by the Executive Police or
                         CRIMINAL CODE               [CAP. 9.            207
by another law enforcement or judicial authority in
respect of the commission of a criminal offence;
(b) upon the carrying out by investigating or other
competent authorities of an investigative or otherevidence-gathering act in accordance with sub-article(8)(e);
(c) without undue delay after deprivation of liberty;
(d) where they have been summoned to appear before a
court having jurisdiction in criminal matters, in duetime before they appear before that court.
(3) A request for legal assistance shall be recorded in the
custody record together with the time when it was made unless t he
request is made at a time when the person who makes it is at co urt
after being charged with an offence in which case the request n eed
not be so recorded.
(4) Once a request for legal assistance is made, the suspect or
the accused person shall be provided with a list of lawyers dra wn
up by the Chamber of Advocates and the Chamber of LegalProcurators and submitted on a yearly basis to the Executive Po lice
and to any other law enforcement and judicial authority, fromwhich the suspect or the accused person may select a lawyer of his
own choice. Alternatively, the suspect or the accused person ma y
elect to be assisted by the Advocate for Legal Aid in which cas e the
Advocate for Legal Aid shall assign a lawyer for this purpose.
(5) Without prejudice to the provisions of article 355AUI(3),
any police officer who indicates or attempts to indicate to a p erson
detained the advocate or legal procurator who should be engagedduring the detention of such person, shall be guilty of an offe nce
and shall be punishable with a fine ( ammenda ) and this without
prejudice to any disciplinary proceedings that may be taken aga inst
him as a consequence of a finding of guilt in respect of such a n
offence or in lieu of prosecution for such an offence in accord ance
with any disciplinary regulations in force from time to time.
(6) Where the person detained chooses not to seek legal
assistance the Executive Police, investigating officer or any o ther
law enforcement or judicial investigating authority shall recor d this
fact in writing in the presence of two witnesses and thereuponquestioning may proceed immediately. It shall not be admissible  for
the prosecution to comment during any proceedings before a cour t
of justice of criminal jurisdiction on the fact that the suspec t or the
accused person did not avail himself of the right to legal assi stance
in the course of his detention under arrest.
(7) Where in any proceedings before a court of justice of
criminal jurisdiction against a person for an offence, evidence  is
given that the suspect or the accused person -
(a) at any time before he was charged with the offence, on
being questioned by the Executive Police or by anyother law enforcement or judicial authority trying todiscover whether or by whom the offence had beencommitted, failed to mention any fact relied on in his
  
208              CAP. 9.]                       CRIMINAL CODE  
defence in those proceedings; or
(b) on being charged with the offence or officially
informed that he might be prosecuted for it, failed tomention any such fact,
being a fact which in the circumstances existing at the time th e
suspect or the accused person could reasonably have been expect ed
to mention when so questioned, charged or informed, as the casemay be, no inference may be drawn from the suspect’s or theaccused person’s failure to mention facts which may be consider ed
as evidence of guilt or as amounting to corroboration of anyevidence of guilt of the suspect or the person accused.
(8) The right of access to a lawyer shall entail the following:
(a) the suspect or the accused person, if he has elected to
exercise his right to legal assistance, and his lawyer,shall be informed of the alleged offence about whichthe suspect or the accused person is to be questioned.Such information shall be provided to the suspect orthe accused person prior to the commencement ofquestioning, which time shall not be less than one hourbefore questioning starts;
(b) the suspect or the accused person shall have the right
to meet in private and communicate with the lawyerrepresenting him, including prior to questioning by thepolice or by another law enforcement or judicialauthority;
(c) the suspect or the accused person shall have the right
for his lawyer to be present and participate effectivelywhen questioned. Such participation may be regulatedin accordance with procedures which the Ministerresponsible for Justice may by regulations establish,provided that such procedures shall not prejudice theeffective exercise and essence of the right concerned.
Where a lawyer participates during questioning, the
fact that such participation has taken place shall benoted using where possible in the opinion of theinterviewer audiovisual means in terms of paragraph(d):
Provided that the right of the lawyer to participate
effectively shall not be interpreted as including a rightof the lawyer to hinder the questioning or to suggestreplies or other reactions to the questioning and anyquestions or other remarks by the lawyer shall, exceptin exceptional circumstances, be made after theExecutive Police or other investigating or judicialauthority shall have declared that it has no furtherquestions;
(d) questioning, all answers given thereto and all the
proceedings related to the questioning of the suspect oraccused person, shall where possible in the opinion ofthe interviewer be recorded by audio-visual means and
                         CRIMINAL CODE               [CAP. 9.            209
in such case a copy of the recording shall be handed
over to the suspect or the accused person following theconclusion of the questioning. Any such recordingshall be admissible in evidence, unless the suspect orthe accused person alleges and proves that therecording is not the original recording and that it hasbeen tampered with. No transcription need be made ofthe recording when used in proceedings before anycourt of justice of criminal jurisdiction, nor need thesuspect or the accused person sign any writtenstatement made following the conclusion of thequestioning once all the questions and answers, if any,are recorded on audiovisual means;
(e) the suspect or the accused person shall have the right
for his lawyer to attend the following investigative orevidence-gathering acts if the suspect or accusedperson is required or permitted to attend the actconcerned:
(i) identity parades;
(ii) confrontations;
(iii) reconstructions of the scene of an offence.
(9) General information to facilitate the briefing of a lawyer b y
suspects or accused persons shall be made available in terms ofsub-article (4) or such other pr ocedure as the Minister respons ible
for Justice may by regulations establish.
(10) Notwithstanding the provisions of this Sub-title concerning
the mandatory presence of a lawyer, the Executive Police or anyother law enforcement or judicial authority shall ensure thatsuspects or accused persons who are deprived of liberty shall b e in
a position to exercise effectively their right of access to a l awyer,
unless they have waived that right in accordance with article355AUG.
(11) In exceptional circumstances and only at the pre-trial stag e,
a temporary derogation may be made from the application of theright provided for in sub-article (2)( c) where the geographical
remoteness of the suspect or the accused person makes itimpossible to ensure the right of access to a lawyer without un due
delay after deprivation of liberty.
(12) In exceptional circumstances and only at the pre-trial stag e,
a temporary derogation from the application of the rights provi ded
for in sub-article (8) may be made to the extent justified in t he light
of the particular circumstances of the case, on the basis of on e of
the following compelling reasons:
(a) where there is an urgent need to avert serious adverse
consequences for the life, liberty or physical integrityof a person;
(b) where immediate action by the investigating
authorities is imperative to prevent substantialjeopardy to criminal proceedings.
  
210              CAP. 9.]                       CRIMINAL CODE  
(13) For the purposes of this Sub-title, the expression "pre-tri al
stage" means the stage immediately prior to the filing of the b ill of
indictment in the Criminal Court or, as the case may be, before  the
Attorney General sends the record of proceedings to the Court o f
Magistrates as a Court of Criminal Judicature, in terms of arti cle
370(3), for the person accused to be tried by that court.
Confidentiality.
Added by:
LI.2016 .4.355AUB.  (1) The confidentiality of communication between
suspects or accused persons and their lawyer in the exercise of  the
right of access to a lawyer provided for under this Sub-title s hall be
respected.
(2) Such communication shall include meetings,
correspondence, telephone conversations and any other form ofcommunication permitted by law.
The right to 
have a third person informed of the deprivation of liberty.
Added by:
LI.2016 .4.355AUC.  (1) Suspects or accused persons who are deprived of
liberty shall be informed, without undue delay, by the Executiv e
Police or by any other enforcement or judicial authority, that they
have the right to have at least one person, such as a relative or an
employer or any other person of their choice, nominated by them ,
informed of their deprivation of liberty without undue delay if  they
so wish, unless such other person is reasonably suspected of be ing
involved in the offence being investigated. A record shall be k ept
of the manner in which the Executive Police or other lawenforcement or judicial authority concerned has discharged its duty
under this article.
(2) If the suspect or accused person is a child, at least one
person having parental authority, tutorship, curatorship orguardianship in respect of the child shall be informed as soon as
possible of the deprivation of liberty and of the reasons there for,
unless it would be contrary to the best interests of the child to do
so, in which case another appropriate adult shall be informed. For
the purposes of this article, a person below the age of eightee n
years shall be considered to be a child.
(3) In all cases, the details of the person mentioned in sub-
article (1) or of the holder of parental authority, tutorship,curatorship or guardianship over the child mentioned in sub-art icle
(2) as well as the day and time at which the information was gi ven
to such person or holder of parental or other authority as afor esaid,
shall be entered in the detention record of the suspect or in t he
record of the proceedings of the person accused, as the case ma y
be.
(4) It shall be permissible to temporarily derogate from the
application of the rights set out in sub-articles (1) and (2) w here
justified in the light of the particular circumstances of the c ase, on
the basis of one of the following compelling reasons:
(a) where there is an urgent need to avert serious adverse
consequences for the life, liberty or physical integrityof a person;
(b) where there is an urgent need to prevent a situation
where criminal proceedings could be substantially
                         CRIMINAL CODE               [CAP. 9.            211
jeopardised:
Provided that in any such case, the delay shall not be later
than six hours from the time when the arrest was effected.
(5) Where a derogation from the application of the right set out
in sub-article (2) is made, the Executive Police or other lawenforcement or judicial authority concerned shall ensure that a n
authority responsible for the protection or welfare of children , as
designated from time to time by the Minister responsible for Ju stice
by order in the Gazette, is informed without undue delay of thedeprivation of liberty of the child.
The right to 
communicate, with third persons, while deprived of liberty.
Added by:
LI.2016 .4.355AUD.  (1) The suspect or the accused person who is deprived
of liberty shall have the right to communicate without undue de lay
with at least one third person, such as a relative, friend or o ther
person nominated by him.
(2) A Magistrate may, following a written request from the
Executive Police or any other law enforcement authority or fromanother authority other than a court exercising judicial functi ons,
limit or defer the exercise of the right referred to in sub-art icle (1)
in view of imperative requirements or proportionate operationalrequirements.
The right to 
communicate with consular authorities.
Added by:
LI.2016 .4.355AUE.  (1) The suspect or the accused person who is a non-
national and who is deprived of liberty shall have the right to  have
the consular authorities of his State of nationality informed o f the
deprivation of liberty without undue delay and to communicatewith those authorities, if he so wishes. However, where the sus pect
or accused person has two or more nationalities, he may choosewhich consular authorities, if any, are to be informed of thedeprivation of liberty and with which he wishes to communicate.
(2) Suspects or accused persons shall also have the right to be
visited by their consular authorities, the right to converse an d
correspond with them and the right to have legal representationarranged for by their consular authorities, subject to the agre ement
of those authorities and the wishes of the suspects or accusedpersons concerned.
(3) The exercise of the rights laid down in this article may be
regulated by such regulations to be made by the Ministerresponsible for Justice or by such procedures as may be in forc e
from time to time, provided that such regulations or proceduresenable full effect to be given to the purposes for which these rights
are intended.
General 
conditions for applying temporary derogations.
Added by:
LI.2016 .4.355AUF.  (1) Any temporary derogation under article
355AUA(11) or (12) or under article 355AUC(4) shall:
(a) be proportionate and not go beyond what is necessary;
(b) be strictly limited in time;
(c) not be based exclusively on the type or the seriousness
of the alleged offence; and
(d) not prejudice the overall fairness of the proceedings.
  
212              CAP. 9.]                       CRIMINAL CODE  
(2) Temporary derogations under article 355AUA(11) or (12)
may be authorised only by a duly reasoned decision taken on acase-by-case basis by a Magistrate, which decision may be subje ct
to appeal to the Court of Criminal Appeal as constituted underarticle 418 by application to be filed within two working days from
when the decision is given. The Court of Criminal Appeal shallregulate its own procedure with regard to the determination of such
an appeal. The filing of an appeal shall not prevent the execut ion of
the decision of the Magistrate unless the Court of Criminal App eal
otherwise orders. The duly reasoned decision shall be recorded in
the relative acts of the proceedings.
(3) Temporary derogations under article 355AUC(4) may be
authorised, only on a case-by-case basis, by a Magistrate.
Waiver.
Added by:
LI.2016 .4.355AUG.  (1) Without prejudice to the provisions of this Sub-title
requiring the mandatory presence or assistance of a lawyer, inrelation to any waiver of a right  as referred to in articles 35 5AUA
and 355AUH:
(a) the suspect or accused person shall be provided, orally
or in writing, with clear and sufficient information insimple and understandable language about the contentof the right concerned and the possible consequencesof waiving it;
(b) the waiver shall be given voluntarily and
unequivocally.
(2) The waiver, which can be made in writing or orally, shall be
noted as well as the circumstances under which the waiver wasgiven, using any recording procedure permitted by law.
(3) The suspect or accused person may revoke a waiver
subsequently at any point during the criminal proceedings, andshall be informed about this possibility. Such a revocation sha ll
have effect only from the moment it is made.
The right of 
access to a lawyer in European arrest warrant proceedings.
Added by:
LI.2016 .4.355AUH.  (1) A requested person shall have the right of access to
a lawyer upon arrest in Malta pursuant to a European arrestwarrant.
(2) With regard to the content of the right of access to a lawye r
in Malta as the executing Member State, a requested person shal l
have the following rights in Malta:
(a) the right of access to a lawyer in such time and in such
a manner as to allow the requested person to exercisehis rights effectively and in any event without unduedelay from deprivation of liberty;
(b) the right to meet and communicate with the lawyer
representing him;
(c) the right for his lawyer to be present and, in
accordance with procedures established by law, toparticipate during a hearing of the requested person bythe competent executing judicial authority in Malta.
Where a lawyer participates during the hearing, this
                         CRIMINAL CODE               [CAP. 9.            213
shall be noted in the records of the proceedings of the
competent judicial authority in Malta.
(3) The rights provided for in articles 355AUB, 355AUC,
355AUD, 355AUE, 355AUG, and, where a temporary derogationunder article 355AUC(4) is applied, in article 355AUF, shall ap ply,
mutatis mutandis , to European arrest warrant proceedings in Malta
as the executing Member State.
(4) The competent authority in Malta as the executing Member
State shall, without undue delay after deprivation of liberty, inform
requested persons that they have the right to appoint a lawyer in the
issuing Member State, that is, a Member State of the EuropeanUnion which has issued a European arrest warrant with a view tothe arrest and surrender by Malta of a requested person. The ro le of
that lawyer in the issuing Member State shall be to assist the lawyer
in Malta, as the executing Member State, by providing that lawy er
with information and advice with a view to the effective exerci se of
the rights of requested persons under Framework Decision 2002/584/JHA.
(5) Where a requested person wishes to exercise the right to
appoint a lawyer in the issuing Member State and does not alrea dy
have such a lawyer, the competent authority in Malta as theexecuting Member State shall promptly inform the competentauthority in the issuing Member State.
(6) The competent authority in Malta as the issuing Member
State in European arrest warrant proceedings shall, without und ue
delay, upon a request from a competent authority in the executi ng
Member State, provide the requested persons with information tofacilitate their appointing a lawyer in Malta.
(7) The right of a requested person to appoint a lawyer in the
issuing Member State is without prejudice to the time-limits se t out
in Framework Decision 2002/584/JHA or the obligation on theexecuting judicial authority in Malta to decide, within those t ime-
limits and the conditions defined under that Framework Decision ,
whether the person is to be surrendered.
Remedies.
Added by:
LI.2016 .4.355AUI.  (1) The suspect or accused person in criminal
proceedings, and the requested persons in European arrest warra nt
proceedings, shall be entitled to seek redress in the event of a
breach of their rights under this Sub-title before the courts o f
criminal jurisdiction which may be seized of their case, or bef ore a
Magistrate. Such a claim for redress shall be filed promptly an d the
court seized with the claim shall have authority to grant suchredress as it deems appropriate, which redress shall be grantedwithout undue delay. There shall be a right of appeal from adecision to grant or to deny such redress to the Court of Crimi nal
Appeal as constituted under article 418. The said appeal shall be
made by application to be filed within eight working days from the
decision and the Court of Criminal Appeal shall regulate its ow n
procedure with regard to the hearing of such an appeal.
(2) Without prejudice to the provisions of this Code related to
the admissibility of evidence, the rights of the defence and th e
  
214              CAP. 9.]                       CRIMINAL CODE  
fairness of the proceedings shall be respected in all criminal
proceedings, in the assessment of statements made by suspects o r
accused persons or of evidence obtained in breach of their righ t to a
lawyer or in cases where a derogation to this right was authori sed
in accordance with article 355AUA(12).
Vulnerable 
persons.
Added by:
LI.2016 .4.355AUJ.  (1) The Executive Police and any other law
enforcement or judicial authority shall ensure that the particu lar
needs of vulnerable suspects and vulnerable accused persons aretaken into account in the application of the provisions of this  Sub-
title.
(2) The Minister responsible for Justice may make regulations
to give better effect to the provisions of this article.
(3) For the purposes of this Sub-title, the expression
"vulnerable person" shall have the same meaning assigned to it by
article 208AC(2).
Non-regression 
clause.
Added by:
LI.2016 .4.355AUK.  Nothing in this Sub-title shall be construed as limiting
or derogating from any of the rights and procedural safeguards that
are ensured under the Constitution, the Charter of FundamentalRights of the European Union, the European Convention on HumanRights, or other relevant provisions of international or nation al law
which are enforceable in the courts of Malta and which provide a
higher level of protection.
Sub-title X
TAKING OF SAMPLES, FINGERPRINTING AND OTHER 
INVESTIGATIVE PROCEDURES
Samples under authorisation.
Added by:
III.2002 .74.
Amended by:
XXIV .2014 .45.355A V .  The investigating officer may in person, by application
or by facsimile, request a Magistrate to authorise the necessar y
procedure -
(a) where he has reasonable grounds to require the taking
of intimate samples from the person arrested; or
(b) to take photographs, a film, video recording or
electronic image of intimate parts of the body of theperson arrested; or
(c) where the person arrested withholds his consent for
any procedure which the investigating officer maycarry out according to law with the consent of theperson arrested and the provisions of the proviso toarticle 355BB shall, mutatis mutandis , apply:
Provided that where the request falls under paragraph ( a),
the provisions of article 355AW shall apply and, if the request  falls
under paragraph ( b), the provisions of article 355AP shall mutatis
mutandis  apply.
                         CRIMINAL CODE               [CAP. 9.            215
Intimate samples 
by consent.
Added by:
III.2002 .74.355AW.  Subject to the provisions of articles 355A V and 355AX,
an intimate sample may be taken from a person arrested only if his
appropriate consent is given.
When consent 
for intimate sample is refused.
Added by:
III.2002 .74.355AX.  (1) Upon a request under article 355A V( a), the
Magistrate shall obtain all such information from the investiga ting
officer to enable him to decide on whether the request is justi fied or
not.
(2) Where the Magistrate decides that the request is justified h e
shall visit the person arrested to request his consent and befo re
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 hisconsent.
(3) Where the person arrested requests to consult a lawyer or
legal procurator under sub-article (2) the magistrate shall mak e a
record of the fact, date and time of the request and, subject t o the
provisions of sub-article (4) shall allow the person arrested t o
consult with a lawyer or legal procurator for such time as themagistrate may deem appropriate in the circumstances of the cas e.
(4) The magistrate may, on a justified objection by the Police,
delay any communication with an advocate or legal procurator ifthe interests of justice so require or when any of the eventsmentioned in article 355AT(5) is likely to occur if suchcommunication is allowed immediately: 
Provided that where the person arrested has requested to
consult a lawyer or legal procurator his consent can only berequested after such consultation has taken place.
Applicable 
procedure for samples.
Added by:
III.2002 .74.355AY.  Where an intimate sample is to be taken under these
articles the provisions of article 355AP shall apply.
Inferences from 
refusal.
Added by:
III.2002 .74.355AZ.  Where the appropriate consent to the taking of an
intimate sample from a person was refused without a good cause,  in
any proceedings against the person for an offence, those who ha ve
to judge of the facts may draw such inferences from the refusal  as
appear proper and the refusal may, on the basis of such inferen ces,
be treated as, or as capable of amounting to corroboration of a ny
evidence against the person in relation to which the refusal ismaterial.
Samples with 
the consent or at the request of the person arrested.
Added by:
III.2002 .74.
Amended by:
XXIV .2014 .46.355BA.  (1) The investigating officer may, with the appropriate
consent in writing of the person arrested, cause to be taken:
(a) fingerprints, palm-prints, other prints or hand-writing
samples from the person arrested;
(b) photographs of the person arrested or of non-intimate
parts of his body;
  
216              CAP. 9.]                       CRIMINAL CODE  
(c) non-intimate samples from the person arrested.
(2) The person arrested may request in writing that:
(a) his fingerprints, palm-prints, other prints or hand-
writing samples,
(b) photographs of his person or of non-intimate parts of
his body,
(c) non-intimate samples from his person,
be taken and any such request shall be complied with by the
investigating officer with the assistance of any competent pers on as
may be necessary.
(3) The person arrested may also request in writing the
investigating officer to carry out any of the procedures mentio ned
in article 355A V( a) and ( b), and any such request shall be referred
without delay to a Magistrate. The Magistrate shall authorise t he
procedure requested after verifying the request made by the per son
arrested and the provisions of article 355AP shall apply whereappropriate.
Samples from 
persons other than arrested persons.
Added by:
III.2002 .74.
Amended by:
XXIV .2014 .47.355BB.  Samples from a person other than a person arrested may
only be taken with that person’s prior consent in writing:
Provided that in the event that the person, other than the
person arrested, withholds his consent to the taking of a sampl e,
whether intimate or non-intimate, a Magistrate’s authorisation may
also be obtained upon an application and, saving the provisions  of
article 355AZ, such authorization shall also cover the taking o f any
proportionate and necessary measures, including the use of forc e,
by the Executive Police to give effect to such authorization.
Samples at the 
request of 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 arequest for the carrying out in his respect of any procedure re ferred
to in that article provided the request is made in writing andcontains a declaration that the person making the request has r eason
to believe that there is the likelihood that the failure to car ry out the
requested procedure is likely to result in his being arrested o r
detained.
Use of 
specimens.
Added by:
XXIV .2014 .48.355BD.  The Commissioner of Police may make use of
specimens, which would have been taken in criminal proceedings,for the purposes of subsequent criminal proceedings.
Added by:
III.2002 .75.Sub-title XI
POWERS AND DUTIES OF THE POLICE IN RESPECT
 OF COURT PROCEEDINGS
                         CRIMINAL CODE               [CAP. 9.            217
Production of 
evidence before court. 
Amended by: 
L.N. 46 of 1965;LVIII.1974.68;
VIII.1990 .3;
III.2002 .76.356. (1) It is the duty of the Executive Police to bring as soon
as possible before the court, and, where practicable, together with
the offender, all the evidence that may have been collected inrespect of the offence.
(2) It is the duty of police prosecuting officers to disclose to  the
defence such evidence which may appear to favour the personcharged and which the police, for any reason, might not have th e
intention to produce before the court as evidence for theprosecution.
Collection of 
further evidence and its production before court.(3) The Executive Police shall, even after the accused has been
brought before the court, continue to collect and furnish to th e
Court of Magistrates or, after his committal for trial, to the
Attorney General, any further information that can be obtained in
respect of the offence.
Preservation of 
articles connected with the offence. 
Amended by: 
VIII.1990 .3.357. 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 existe nce
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 ".
Duties of the 
Police in respect of criminal proceedings.Substituted by:
III.2002 .77.358. (1) It is the duty of the Police to issue and to serve
citations summoning persons to appear before the Court ofMagistrates, in matters within the jurisdiction of such court.
(2) In summary proceedings for offences within the jurisdiction
of the Court of Criminal Judicature, it shall not be the duty o f the
Police to serve on the person charged notice of the date of hea ring
apart from the first sitting of the proceedings.
Executive Police 
to execute warrants of arrest or search. 
Amended by: 
IV.1994 .10.359. (1) Saving the provisions of article 666, it is the duty of
the Executive Police to execute any warrant or order of arrest or
search that may, in the cases prescribed by law, be issued or g iven
by any other competent authority.
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 offen ce
is alleged to have been committed.
Summoning of 
person accused when not arrested. 
Amended by: 
IX.1911.15; 
VIII.1990 .3.360. (1) Where there are not sufficient grounds according to
law for the arrest of any person charged with an offence, theExecutive Police shall, by an order in writing, summon such per son
to appear before the Court of Magistrates.
Contents of 
summons.(2) The summons shall contain a clear designation of the
person summoned and a brief statement of the facts of the charg e
together with such particulars as to time and place as it may b e
necessary or practicable to give. It shall also contain an inti mation
that, in default of appearance, the person summoned shall bearrested by warrant of the court and arraigned on such day as m ay
be stated in the warrant.
  
218              CAP. 9.]                       CRIMINAL CODE  
Service of 
affidavits together with summons.
Added by:
III.2002 .78.
Amended by:
XXIV .2014 .49.
Cap. 399.360A.  (1) In summary proceedings for offences within the
jurisdiction of the Court of Magistrates as a court of criminaljudicature under article 370(1) the police may, together with t he
summons or at any time thereafter, serve upon the accused copie s
of any affidavits made by a public officer or by an employee orofficer of a body corporate established by law or by arepresentative of an undertaking as defined in terms of article  2 the
Electronic Communications (Regulation) Act and who is to beproduced as a witness for the prosecution in those proceedings as
well as any document to be produced in evidence in the sameproceedings and if the accused desires to cross-examine any per son
whose affidavit has been served upon him as aforesaid he shall,  not
later than fifteen days before t he first sitting following the service
of the affidavit, give notice thereof to the Commissioner of Po lice
by registered letter whereupon the person to be cross-examinedshall be summoned to give evidence in the proceedings:
Provided that for the purposes of this sub-article the word
"document" shall have the same meaning assigned to it by articl e
558(2):
Provided further that where it results that it was not
possible for the accused to give notice to the Commissioner ofPolice within the time provided aforesaid such notice of the de sire
to cross-examine may be given during the first sitting immediat ely
after the service of the affidavit in which case the person to be
cross-examined shall be summoned to give evidence in thefollowing sitting.
(2) The person whose affidavit was served on the accused as
provided in sub-article (1) shall not be summoned to testify in  the
proceedings if the accused fails to give notice of the intentio n to
cross-examine that person as provided in that sub-article and t he
said affidavit shall be admissible in evidence as proof of itscontents in those proceedings in the same way as if it had beentestimony given viva voce  in the presence of the accused.
Judgements in 
absentia.
Added by:
XXIV .2014 .50.*360B.  (1) Notwithstanding the other provisions of this Code or
of any other law, the provisions of this article shall apply tooffences within the jurisdiction of the Court of Magistrates as  a
court of criminal judicature under article 370(1).
(2) Where a person, having been charged with an offence
referred to in sub-article (1) and having been duly served with  a
summons, fails to appear personally before the court, he shall be
deemed to have given his consent for the trial to proceed in hi s
absence and, the court shall proceed with the hearing in the ab sence
of the person charged and shall thereupon proceed to deliverjudgement:
Provided that any person charged as aforesaid may instead
of appearing before the Court of Magistrates file in the Regist ry of
that court representations in writing and, or a declaration on the
facts of the case confirmed on oath contesting the charge again st
*this article is not yet in force.
                         CRIMINAL CODE               [CAP. 9.            219
him, and the Court shall, prior to deciding the case, take into
account such representations and, or a declaration as if they h ad
been made viva voce  before the said court.
(3) A judgement delivered in terms of this article shall be
subject to appeal.
(4) Where no appeal is filed, a judgement delivered in terms of
this article shall be served on the offender personally who, wi thin
seven working days of service, shall have a further right of ap peal
against judgement and the provisions of this code relating toappeals shall, subject to the provisions of this article, mutatis
mutandis  apply:
Provided that there shall be no right of appeal if it is shown
that any of the following circumstances exist:
(a) the offender was in due time:
(i) summoned in person and thereby informed of the
scheduled date and place of the trial whichresulted in the judgement, or by other meansactually received official information of thescheduled date and place of that trial in such amanner that it was unequivocally establishedthat he was aware of the scheduled trial; and
(ii) informed that a judgement may be handed down
if he does not appear for the trial; or
(b)  the offender, being aware of the scheduled trial, had
given a mandate to legal counsel appointed by him todefend him at his trial, and was indeed defended by thesaid legal counsel at the trial.
(5) A summons issued under this article shall also contain an
intimation that in default of appearance the person summoned sh all
be deemed to have given his consent for the trial to proceed in  his
absence.
(6) Where a judgement is served as provided under sub-article
(4) the offender shall also be informed of his further right of  appeal
in terms of the said sub-article.
Term for service 
of summons. 
Amended by: 
VI.1871.26; 
II.1886.9; 
IX.1911.16.361.  Except in urgent cases, the summons shall be served on the
person summoned at least two working days previous to the dayfixed for his appearance.
Mode of 
effecting service.
Amended by:
III.2002 .79;
VII.2010 .28.362. (1) The summons shall be delivered to the person whose
appearance is required, and if such person cannot conveniently be
met with, the summons shall be delivered at his usual place ofabode. In either case, the officer serving the same shall make a
report thereof to the court.
(2) The Minister responsible for justice after consulting with
the Minister responsible for the police may make regulationsproviding, in summary proceedings as those mentioned in article360A(1), for the service of the summons and of any accompanyingdocuments, and of any other act of the proceedings, by post or in
  
220              CAP. 9.]                       CRIMINAL CODE  
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 mad e
under sub-article (2) refuses to receive it the court may by me ans of
a decree upon an application by the Police and after examining the
certificate of service declare that person to have been duly se rved
with the summons or with that other act and make an order for h is
arrest.
(4) Where any person, other than the person to whom a
summons or other act of the proceedings is addressed, refuses t o
receive the summons or that other act personally the court may,upon an application by the Police and after examining thecertificate of service and satisfying itself that that person i s a
person in whose hands the summons or that other act may belawfully served, sentence that person to a fine ( ammenda ):
Provided that the Court may, at any time, on just cause
being shown, remit the fine ( ammenda ).
(5) The provisions of sub-articles (3) and (4) shall mutatis
mutandis apply to the service of the summons and of any
accompanying documents whenever a person is to be served withany summons and with any accompanying documents inaccordance with any other provision of this Code or of any othe r
law.
Time and place 
for service of summons. 
Amended by: 
XXX.1934.3; XIX.1965.18.Substituted by:
IV.2014 .19.363.  The summons shall be executed between seven o’clock in
the morning and seven o’clock in the evening in any residentialhome excluding Sundays or Public Holidays or in the case wherethe summons is being executed in a commercial property or offic e
at any day or any time that that commercial property or that of fice
is open to the public or where the case merits expediency at th ose
times duly authorised by the Court.
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 ti me
during the same day. If the person fails to appear, he may, upo n 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 .3.365. (1) The Executive Police shall summon, in writing, the
witnesses whose attendance is required before the Court ofMagistrates, whether for the prosecution or for the accused.
(2) The provisions contained in the last preceding three article s
shall apply to the subpoenas of witnesses.
(3) The subpoenas referred to in this article and the summons
referred to in article 360 shall be signed by an officer of theExecutive Police not below the rank of sub-inspector or be stam ped
with a facsimile  of such a signature. 
                         CRIMINAL CODE               [CAP. 9.            221
Judgment, etc., 
to be carried out by Executive Police. Fines to be levied by registrar.  
Amended by: 
VIII.1990 .3.366. It is the duty of the Executive Police to carry out, besides
the warrants or orders referred to in article 359, every judgme nt or
order of the Court of Magistrates:
Provided that fines ( multa  and ammenda ) shall be levied by
the registrar of that court.
Added by:
XXXII.2018 .6.Sub-Title XII
Of the Presumption of Innocence
The measures provided for in this Sub-title transpose the provi sions of
Directive (EU) 2016/343 of the E uropean Parliament and the Coun cil
of the 9 March 2016 on the strengthening of certain aspects of the
presumption of innocence and of the right to be present at the trial in
criminal proceedings. 
Presumption of 
innocence.
Added by:
XXXII.2018 .6.366A .  (1) Every person suspected or accused of having
committed a criminal offence or an alleged criminal offence sha ll be
presumed to be innocent until the decision on the final determi nation
of whether that person has committed the criminal offence has b ecome
definitive:
Provided that the provisions of this article shall be without
prejudice to the proviso to sub-article (5) of article 39 of th e
Constitution and to the enforcement, as may be provided by law,  of a
judgement of the Court of Magistrates or of the Criminal Courtpending the hearing of an appeal after the accused has been fou nd
guilty of having committed a criminal offence by one of the sai d
Courts.
Burden of proof.
Added by:
XXXII.2018 .6.366B .  (1) The burden of proof for establishing the guilt of
suspects or accused persons shall lie with the prosecution:
Provided that the provisions of this article shall be without
prejudice to:
(a) the proviso to sub-article (5) of article 39 of the
Constitution;
(b) any obligation of a judge, magistrate or any court
or tribunal to seek both inculpatory and exculpatory evidence;
(c) the right of the defence to submit any evidence
according to law.
(2) Any reasonable doubt as to the question of guilt shall
benefit the suspect or accused person including where the courtassesses whether an accused person should be acquitted.
Public 
references to guilt.
Added by:
XXXII.2018 .6.366C .  (1) As long as a suspect or accused person has not been
proven guilty according to law, public statements made by publi c
authorities and judicial decisions, other than those on guilt, shall not
refer to that person as being guilty:
Provided that the provisions of this article shall be without
prejudice to:
  
222              CAP. 9.]                       CRIMINAL CODE  
(i) acts of the Attorney General, the Police or other public
authorities having prosecuting powers which aim to prove theguilt of the suspect or accused person; 
(ii) preliminary decisions of a procedural nature taken by a
magistrate, a judge or by any other competent authority andwhich are based on suspicion or on incriminating evidence; 
(iii)  the right of public authorities to publicly disseminate
information on criminal proceedings where this is strictlynecessary for reasons relating to the criminal investigation or  to
the public interest.
(2) Any person who alleges that his rights under this article or
this Sub-title have been breached shall have a right to file anapplication in the Court of Mag istrates within ten days, from t he date
of the fact which allegedly gave rise to the breach, to demand a finding
of such a breach and an appropriate remedy:
Provided that when a person stands accused before a court the
application referred to in this sub-article shall be filed befo re the court
where that person stands accused.
Presentation of 
suspects and accused persons.
Added by:
XXXII.2018 .6. 366D .   Suspects and accused persons shall not be presented in
court or in public as being guilty, through the use of measures  of
physical restraint:
Provided that nothing in this article or in article 443 shall
prevent the police or any court from applying measures of physi cal
restraint that may be required in any particular case for reaso ns
relating to security or to the prevention of suspects or accuse d persons
from absconding or from having contact with other persons.
Right to silence 
and not to incriminate oneself.
Added by:
XXXII.2018 .6.366E .  (1) Suspects and accused persons shall have the right to
remain silent in relation to the criminal offence which they ar e
suspected or accused of having committed and shall have the rig ht not
to incriminate themselves.
(2) The exercise of the right not to incriminate oneself shall n ot
prevent the competent authorities from gathering evidence which  may
be obtained through the use of legal powers of compulsion which  exist
independently of the will of the suspects or accused persons.
(3) The exercise by suspects or accused persons of the right to
remain silent or of the right not to incriminate oneself shall not be used
against them and shall not be considered to constitute evidence  that
they have committed the criminal offence concerned.
Right to be 
present at the trial.
Added by:
XXXII.2018 .6. 366F .  Saving the provisions of any law which may provide for
trials in the absence of the persons charged or accused, subjec t to the
safeguards provided in Directive (EU) 2016/343 of the EuropeanParliament and the Council of the 9 March 2016 on the strengthe ning
of certain aspects of the presumption of innocence and of the r ight to
be present at the trial in criminal proceedings, persons charge d or
accused shall have the right to be present at their trial.
                         CRIMINAL CODE               [CAP. 9.            223
Title II
Amended by: 
VIII.1990 .3.OF THE COURT OF MAGISTRATES
Constitution of 
Court of Magistrates. Jurisdiction. 
Amended by:
XI.1900.57; 
VIII.1990 .3;
III.2002 .80.  367. (1) Every Court of Magistrates shall consist of a
magistrate and shall have a twofold jurisdiction, namely, as a court
of criminal judicature for the trial of offences which fall wit hin its
jurisdiction, and as a court of inquiry in respect of offences which
fall within the jurisdiction of a higher tribunal.
Number of 
Courts of Magistrates.(2) There shall be two Courts of Magistrates, one for the Islan d
of Malta and one for the Islands of Gozo and Comino to be style d
Court of Magistrates (Malta) and Court of Magistrates (Gozo)respectively.
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. 12.368. (1) No magistrate may be challenged or may abstain from
taking cognizance of any cause, except immediately after the re port
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 t he
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 per son
related to him by consanguinity or affinity in any of the degre es
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 articl e
403 and article 433(5) notwithstanding that during the inquiry the
magistrate may have conferred with the Police or with any membe r
thereof or with the Attorney General in connection with thecollection of evidence.
(3) If upon hearing the report or complaint, the magistrate is o f
opinion that there exists in his respect any of the reasons afo resaid,
he shall make a statement thereof before proceeding further wit h
the cause.
(4) None of the above reasons shall debar any magistrate from
issuing any warrant or performing any act in connection with an y
inquiry relating to the " in genere ", or any inquest or " repertus " held
in accordance with the provisions of this Code.
Duties of 
registrar. Added 
by: VI.1871.28.
Amended by: 
XI.1900.58;
VIII.1990 .3.
Substituted by:
XXIV .1995 .360;
XXXI.2002 .199. 
Cap. 12.369. In the Court of Magistrates, the functions of registrar may be
performed by any of the court executive officers referred to in  article
57(3) of the Code of Or ganization and Civil Procedure .
Sub-title I
Amended by: 
VIII.1990 .3.OF THE COURT OF MAGISTRATES AS COURT OF
CRIMINAL JUDICATURE 
  
224              CAP. 9.]                       CRIMINAL CODE  
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;
IV.2014 .20;
VIII.2015 .27;
I.2018 .22.370. (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 afine ( multa ) or to imprisonment for a term not
exceeding two years with or without the addition of afine ( multa ) or interdiction;
(c) all offences referred to in any other law which are
liable to the punishments established in the precedingparagraph, unless the law provides otherwise.
(2) The offences referred to in sub-article (1) shall still be
cognizable by the said court notwithstanding that, in view ofconcurrent offences and punishments, of any previous conviction  or
of the application of the provisions of article 18, a punishmen t
higher than any of the punishments mentioned in the said sub-article shall be applicable.
(3) ( a) Notwithstanding the provisions of sub-article (1)( b),
the Attorney General may send for trial by the said court anyperson charged with a crime punishable with imprisonment for aterm exceeding two years but not exceeding twelve years if ther e 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 hi s 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 ther eupon
the court shall become competent to try the accused and shallproceed 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 a rticle
401(3), to be dealt with according to law. In such case the ter m
fixed in article 432 for the filing of the indictment shall run  from
the day on which the Attorney General shall have received therecord 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 appl y
only in respect of any one or more of the accused who makesobjection to the case being dealt with summarily, and in such c ase
the term fixed in article 432 for the filing of the indictment shall
run from the day on which the Attorney General shall have recei ved
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 t he
                         CRIMINAL CODE               [CAP. 9.            225
Attorney General in the same note by which he sends the person
charged for trial by the said court in accordance with paragrap h (a).
(4) ( a) Notwithstanding the provisions of sub-article (1)( b), if
the crime with which the accused is charged is punishable withimprisonment for a term exceeding two years but not exceeding s ix
years, the court shall, during the examination of the accused u nder
article 392 but before he is examined under sub-article (1)( b) of
that article, ask the accused whether he objects to his case be ing
dealt with summarily; and shall give him a reasonable time to r eply
to this question.
(b) If, within the said time, the accused replies that there is
no objection on his part to the case being dealt with summarily , the
court shall ask the prosecuting officer whether the AttorneyGeneral has given his consent in writing to the case being deal t
with summarily, and if no objection is raised, the court shall note
this fact in the records of the proceedings and thereupon the c ourt
shall become competent to try the accused and shall proceedaccordingly:
Provided that nothing in this sub-article shall be construed
as precluding the court from proceeding with the necessary inqu iry
if from the evidence it appears that a graver crime which it ha s no
jurisdiction to try has been committed.
(4A) Notwithstanding the transitory provision made in article 1 (2)
of the Criminal Code (Amendment) Act, 2015 (Act VIII of 2015), and
without prejudice to the other provisions of this article, the Court of
Magistrates shall be competent to hear and decide all cases con cerning
crimes punishable with imprisonment not exceeding twelve yearswhich were pending before the said Court prior to the 17th Marc h
2015.
(5) The provisions of sub-article (2) shall apply, mutatis
mutandis , to the crimes referred to in sub-articles (3) and (4).
(6) The provisions of article 392A shall also apply, mutatis
mutandis, to offences which fall within the competence of theCourt of Magistrates as a court of criminal judicature in accor dance
with the provisions of this article.
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 . 371. (1) In determining the jurisdiction, regard shall be had to
the alleged offence and not to any extenuating circumstances, e ven
though, by reason of any such extenuating circumstances, theaccused shall not be liable to punishment or there may be a des cent
from a higher to a lesser punishment. In such case the provisio ns
contained in article 389 and following articles shall apply.
(2) Nevertheless, the Court of Magistrates shall be competent
to try -
(a) any crime committed by any person under eighteen
years of age or by any deaf-mute where thepunishment awardable according to law does notexceed the jurisdiction of such court;
(b) any crime excusable according to law where, in the
opinion of the Attorney General, the grounds for the
  
226              CAP. 9.]                       CRIMINAL CODE  
excuse appear from the record of the inquiry and the
punishment awardable according to law does notexceed the jurisdiction of such court:
Provided, in either case, that no other person is
simultaneously charged with the crime, whether as principal oraccomplice, or that the crime is not otherwise connected with a ny
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 thething 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 crimewould be adequately punished with imprisonment for aterm 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 .3.372. (1) The jurisdiction as between the Courts of Magistrates
shall be determined - 
(a) by the place where the offence has been committed; or 
(b) if there is only one accused person or if, there being
two or more accused persons, they all reside in Malta,or all reside in Gozo or Comino, by the place of his ortheir residence.
(2) If a person is charged with two or more offences committed
in different Islands, such person shall be tried by the court w ithin
the territorial jurisdiction of which the graver offence or, if  the
offences are of equal gravity, the greater number of offences h as
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, residin g,
however, within the limits of the jurisdiction of the same cour t, the
jurisdiction shall be solely determined by the place of his or their
residence; or if the persons accused reside in different Island s, the
jurisdiction as between the courts shall be determined by the p lace
of residence of the majority of the persons accused; or if thenumber of the accused residing in Malta and the number of theaccused residing in Gozo or Comino be the same, either court sh all
be competent to try all the accused.
Waiver of plea 
to the jurisdiction.(4) The plea to the jurisdiction by reason of the place where th e
offence has been committed or of the place of residence of theoffender may be waived, and, if not raised immediately after th e
statement of the facts constituting the offence, it shall be de emed to
be abandoned.
Proceedings on 
complaint of injured party. 
Amended by:
XI.1900.62;I.1903.20, 21;VIII.1909.35; 
VIII.1990 .3;
III.2002 .82.373. As regards offences referred to in article 370(1), the
prosecution shall lie with the injured party or with the person s
mentioned in article 542 on behalf of such party, where proceed ings
cannot be instituted except on the complaint of the injured par ty:
                         CRIMINAL CODE               [CAP. 9.            227
Exceptions. Provided that if the offence in respect of which no
prosecution may be instituted except on the complaint of theinjured party, is aggravated by public violence or is accompani ed
with any other offence affecting public order, or if, in the ab sence
of any such circumstances, the injured party shall fail to inst itute
proceedings and shall not have expressly waived the right toprosecute within four days from the commission of the offence, it
shall be lawful for the Executive Police ex officio  to institute
proceedings in respect of the offence.
Trial. 
Amended by: 
IV .1856.26; XI.1900.62;
VII.2010 .29;
XXIII.2017 .13.374. In proceedings instituted on the complaint of the injured
party, the following provisions shall apply:
Parties to appear 
personally.(a) the complainant and the defendant shall appear
personally on the day appointed for the hearing of thecomplaint. They may, however, be assisted byadvocates or legal procurators;
Exemptions. (b) in the case of contraventions, it shall be lawful for the
court, upon good cause being shown, to exempt eitherof the parties from appearing personally and to permitthe spouse or a near relative, by blood or affinity, ofsuch party, or any other person having the charge ofsuch party or authorized in writing by such party, toappear instead;
Non-appearance 
of parties.(c) if neither of the parties shall appear, the cause shall be
struck off the list;
Non-appearance 
of complainant.(d) if for the first sitting the complainant does not appear and
the defendant alone appears, the latter may demand hisdischarge; 
Court may 
appoint another day for hearing of cause.(e) nevertheless, upon an application by the complainant
within four days from the day on which the cause wasstruck off the list or the defendant was discharged,accompanied by a declaration of the complainanthimself sworn before the registrar, to the effect that hewas, on account of illness or for any other reasonindependent of his will, to be expressly stated in theapplication, prevented from appearing, the court shallappoint another day for the hearing of the cause on the
same acts;
Notice of day of 
hearing to be given to parties and witnesses.(f) a written notice of the day appointed for the hearing of
the cause shall be given to the parties and to thewitnesses within the time prescribed in article 361 andin article 441(1);
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:
  
228              CAP. 9.]                       CRIMINAL CODE  
(i) the complainant or his advocate or legal
procurator shall state the facts constituting theoffence and shall produce his evidence;
(ii) the defendant or his advocate or legal procurator
shall submit his defence and shall produce hisevidence;
(iii) the complainant or his advocate or legal
procurator may reply, and the defendant or hisadvocate or legal procurator is entitled to arejoinder:
 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. 375. In proceedings instituted by the Executive Police, the
following provisions shall apply:
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 legalprocurator shall be heard in the order set out inparagraph ( i) of the last preceding article;
Confirmation of 
report on oath.(d) it shall be lawful for the court to require that the report
made by the officer of the Executive Police beconfirmed on oath;
Cross-
examination of prosecuting officer by accused.(e) the accused may cross-examine the said officer.
Noting down of 
pleas raised by 
accused, and of substance of evidence of witnesses. 
Added by: 
XI.1900.62. 
Amended by: 
XII.1913.13.376. (1) The magistrate shall take down or cause the registrar to
take down - 
(a) any plea to the jurisdiction of the court, or of
inadmissibility or extinguishment of action, or ofinadmissibility of any evidence as well as any orderrejecting 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 thecourt shall see fit to accede to such request, thesubstance of the evidence given by the witnesses,recording any expression having a direct bearing onthe merits of the case.
                         CRIMINAL CODE               [CAP. 9.            229
Reading over of 
deposition to witnesses.(2) The notes of the depositions taken down as aforesaid, if
any, shall in the presence of the parties be read over to thewitnesses and a mention of such fact shall be entered in the re cord.
Non-observance 
of provisions of sub-articles (1) and (2) not to affect validity of proceedings. Production of other evidence. Recalling witnesses.(3)  The non-observance of any of the provisions of sub-articles
(1) and (2) shall not affect the validity of the proceedings; n or 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 provision s
refer, or to the recalling of the said witnesses.
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 .377. (1) When the hearing is concluded, the court shall, on the
same day, if conveniently practicable, deliver judgment eitherdischarging or sentencing the accused.
Applicability of 
s.403(2).(2) Where the offence established by the evidence is one in
respect of which the prosecution lies with the injured party, t he
provision contained in article 403(2) shall apply.
Court may order 
offender to abate nuisance.(3) The court may, notwithstanding any punishment to which it
may sentence the offender, order him to remove any nuisance orinconvenience to which the offence relates, or, according tocircumstances, to conform with the law, within a time, sufficie nt
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 off ender
fails to comply with any such order within the time so fixed, h e
shall be guilty of an offence and shall, on conviction, be liab le 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 (23.2 9) for
every day during which the default continues after the expirati on of
the said time.
Extension of 
time-limit.(4) The court shall not grant any application for the extension
of the time fixed under the last preceding sub-article if such time
and the time of the extension exceed in the aggregate three mon ths
and the Police oppose such extension.
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 c ase,
after the expiry of the time-limit granted by the court under s ub-
article (3) or (4) hereof, authorise the Police to remove anynuisance or inconvenience to which the offence relates at theexpense 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.378.  In the case of contraventions, where the offence is in
respect of any insult, defamation or threat, the court may, inpassing sentence, allow the offender, in order that he may beexempted from the whole or part of the punishment, to retract h is
words or to apologize to the complainant in open court accordin g to
  
230              CAP. 9.]                       CRIMINAL CODE  
the nature of the offence.
Presumptive 
evidence of gaming. 
Added by: 
XII.1913.15. 
Amended by: 
XII.1914.11; XI.1977.2.379. Repealed by Act XVI.2018. Fourth Schedule .
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 .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 sha ll
direct whether such costs are to be borne by them jointly orseverally.
Fees of 
advocates or 
legal procurators.(2) The fees of the advocate or legal procurator for either part y
shall be taxed by the court in the judgment itself at a rate ra nging
from fifty-eight cents (0.58) to one euro and forty cents (1.40 ) for
every sitting.
(3) The provision of sub-article (2) shall apply also in the cas es
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 procur ators
of the parties have appeared at the trial.
Successful party 
may only recover fees of one advocate or legal procurator.(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.
Frivolous or 
vexatious complaint.(5) Where the complaint is evidently frivolous or vexatious, it
shall be lawful for the court, at the request of the defendant,  to
sentence the complainant to a fine ( ammenda ), and in default of
payment of such fine ( ammenda ), the provisions contained in
article 13(2) shall apply.
Taxation and 
recovery of registry fees.(6) The registry fees shall be taxed and levied in accordance
with the scale in Schedules A and B annexed to this Code.
How payment of 
costs may be enforced. 
Amended by: 
XI.1900.63; VIII.1909.39.381.  The payment of costs, including the fees due to the
advocates or legal procurators, taxed in accordance with the la st
preceding article, may be enforced by the same court at the sui t of
the creditor in the same manner and by the same means as ajudgment of an inferior court in a civil action may be enforced .
Requisites of 
judgment.382.  The court, in delivering judgment against the accused,
shall state the facts of which he has been found guilty, shall award
punishment and shall quote the article of this Code or of any o ther
law creating the offence.
                         CRIMINAL CODE               [CAP. 9.            231
Restraining 
Orders.
Added by:
XX.2005 .17.
Amended by:
L.N. 407 of 
2007 ;
XIII.2018 .24;
XXIV .2019 .6.382A.  (1) Without prejudice to its powers under the provisions
of the following articles of this Sub-title, where the court co nsiders
it expedient to do so for any of the purposes mentioned in arti cle
412C(1), it may, in passing judgment against the accused, toget her
with any punishment to which it may sentence the offender, makean order (hereinafter referred to as a "restraining order") whi ch
may give effect to any thing provided in sub-article (3) of the  said
article 412C and the provisions of sub-articles (8) to (11) of the said
article 412C, both inclusive, shall mutatis mutandis  apply.
(2) A restraining order shall remain in force for such period,
not exceeding three years, as specified by the court which mayorder that such period shall commence to run from the date ofexpiration or remission of the punishment. The provisions of ar ticle
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 t his
article, he shall be guilty of an offence and shall, on convict ion, be
liable to a fine ( multa ) of seven thousand euro (€7,000) or to
imprisonment not exceeding two years or to both such fine andimprisonment.
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 .383. (1) The court may, where it deems it expedient, in order
to provide for the safety of individuals or for the keeping of the
public peace, in addition to, or in lieu of the punishment appl icable
to the offence, require the offender to enter into his ownrecognizance in a sum of money to be fixed by the court.
Amount and 
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 t hree
hundred and twenty-nine euro and thirty-seven cents (2,329.37)according to the means of the party entering into a recognizanc e,
and the term of the recognizance shall not exceed twelve months .
Commencement 
of term of recognizance.(3) Where the offender entering into a recognizance is, in
respect of the same offence, sentenced to a punishment restrict ive
of personal liberty, the term of the recognizance shall commenc e to
run from the day on which the said punishment is served orcondoned.
Recognizance 
with surety. 
Amended by: 
IV .1856.27;V .1868.21.384.  Where, however, there are reasonable grounds to believe
that, for providing for the safety of individuals or for the ke eping of
the public peace, the recognizance referred to in the last prec eding
article is not sufficient, the court may moreover require theoffender to find a sufficient surety, and the court may furtherrequire that such recognizance, with or without surety, be ente red
into for an indefinite period, that is to say, until such time as the
court shall be of opinion that there is good cause for the term ination
of the said recognizance.
  
232              CAP. 9.]                       CRIMINAL CODE  
Detention in 
default of recognizance. 
Amended by: 
VIII.1857.12;V .1868.21; IV .1874.9; XII.1913.17; XII.1957.17;
III.2002 .84.385. (1) If, in the cases referred to in articles 35, 36 and 383,
any person refuses to enter into his own recognizance, or if, i n the
case referred to in the last preceding article, any person refu ses or
is unable to comply with the requirements of the said article, the
court may order such person to be detained until he carries out  what
is required of him or, where the court ordered him to find a su rety,
until such time as the court, on the application of the persondetained, shall declare that the reasons for which he was order ed to
find a surety have ceased.
Term of 
detention.(2) The term of detention shall not exceed twelve months.
Maintenance of person under detention. (3) The provisions of article 12(1) shall, mutatis mutandis ,
apply to a person detained under this article.
Discharge of 
person bound over. (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.1957.17.386.  The party bound over under articles 35, 36 and 383, and
the sureties, if any, shall bind themselves in writing, either jointly
and severally or otherwise, as the court shall direct. The secu rity
may, where the court shall so think fit, be effected by the dep osit of
the amount or of an equivalent pledge.
Default of 
observance of conditions of recognizance. 
Amended by:
VIII.1857.13;XI.1900.65; XXVII.1975.24.387. (1) Where the person bound over as in the preceding
articles mentioned is found guilty by a competent court of havi ng
failed to observe any of the conditions of his recognizance, th e sum
for which he has been bound over shall be forfeited to theGovernment of Malta.
(2) Payment may be enforced against the said person and his
sureties in accordance with the provisions of article 585.
(3) The provisions of article 586 shall also apply.(4) The recovery or payment of the said sum or the detention
under article 586(1) shall not exempt the person who has madedefault in observing the conditions of his recognizance frompunishment for the offence committed by such default.
Access to person 
under detention.388.  Access to any person under detention shall always be
allowed during the proper hours.
Sub-title II
Amended by:
VIII.1990 .3.OF THE COURT OF MAGISTRATES AS COURT 
OF CRIMINAL INQUIRY
The Court of 
Magistrates as court of criminal inquiry. 
Amended by: 
VIII.1990 .3.  389.  In respect of offences liable to a punishment exceeding the
jurisdiction of the Court of Magistrates as court of criminaljudicature, the Court of Magistrates shall proceed to the neces sary
inquiry.
                         CRIMINAL CODE               [CAP. 9.            233
Mode of 
procedure in preliminary inquiries. 
Amended by:
VI.1871.31; 
XIII.1980 .13. 390. (1) The court shall hear the report of the Police officer on
oath, shall examine, without oath, the party accused, and shall  hear
the evidence in support of the report. Everything shall be redu ced
to writing.
Taking down of 
evidence on behalf of 
accused. (2) The court shall examine and reduce to writing the evidence
adduced on behalf of the accused.
Accused may 
request the production of the complaint.(3) In cases where no proceedings can be instituted except on
the complaint of the injured party, the accused may, even befor e he
is examined, demand the production of the complaint, if thecomplaint was made in writing, or of other evidence of thecomplaint, if it was made orally.
(4) The attendance of the complainant shall not be necessary to
prove the complaint, if from other evidence it appears to thesatisfaction of the court that the complaint was made.
Presumptive 
evidence of complaint.(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 t o
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 down in shorthand by means ofstenographers appointed for the purpose or be recorded byelectromagnetic means. Shorthand notes shall be taken down inindelible ink and signed on each page by the stenographers andshall, together with the transcript, be inserted in original in  the
record. The electromagnetic recording shall be transcribed unde r
the direction of the registrar an d the transcript shall be inse rted in
the record. In either case, the transcript may be handwritten o r
typewritten and shall be read over to the witness, during or af ter 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;
L.N. 426 of 
2012 ;
XXIII.2017 .14.
Cap. 258.391. (1) The witnesses shall be examined by the court. The
name and surname of the witness, the name and surname of theparents and, if the witness is a person to whom articles 4, 9 a nd 13
of the 
Identity Card and other Identity Documents Act, applies, the
number, if known to the witness, of his legally valid identific ation
document issued under the said Act, as well as the place of bir th
and abode of the witness and the language in which he shall hav e
deposed, shall be noted down at the head of every deposition:
Provided that the court may, in exceptional circumstances
and to provide for the safety of the witness, omit the aboveparticulars, other than the name and surname of the witness and  the
language in which he shall have deposed, making a note to thateffect in the record of the proceedings.
Employment of 
interpreter.(2) If the magistrate is conversant with the language spoken by
the witness, he may himself translate the deposition into thelanguage in which the written proceedings are conducted;otherwise, or at the request of the accused, a sworn interprete r shall
  
234              CAP. 9.]                       CRIMINAL CODE  
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 sittingand his testimony shall be recorded by audio-visual means. Theaudio-visual recording shall form part of the record of theproceedings:
Provided that for special and exceptional reasons which
arise after the witness has given his testimony the Court mayauthorize 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;
XXIII.2017 .15.392. (1) The examination of the accused referred to in article
390(1), shall, without threat or promise, and without oath, be made
in the following manner:
(a) the court shall ask him his name and surname, his age,
his place of birth and abode, his trade, profession orcalling, the name and surname of his parents andwhether his parents are alive or dead;
(b) the court shall ask the accused if and what he wishes to
reply to the charge.
Caution to 
accused.(2) Before asking any of the above questions, the court shall
explain to the accused the nature of the charge preferred again st
him and shall inform him that he is not obliged to answer anyquestion nor to incriminate himself; that he may, if he so desi res, be
assisted by advocates or legal procurators and that whatever he  says
may be received in evidence against him.
(3) The court shall note down at the head of the examination
that the requirements of the last preceding sub-article have be en
complied with.
Taking down of 
answers.(4) The answers shall be taken down by the magistrate in the
manner provided in article 391, stating the language in which t hey
are given.
Accused 
standing mute.(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.
Admission of 
guilt by the accused during the examination.
Added by:
III.2002 .85.
Amended by:
IX.2003 .128;
IV.2014 .21;
VIII.2015 .28.392A.  (1) If the accused, in answer to the question in article
392(1)( b) or in any stage of the proceedings, states that he is guilty
of the offence charged and the said offence is liable to apunishment not exceeding twelve years imprisonment, the courtshall warn him in the most solemn manner about the legalconsequences of that reply, and shall allow him a period of tim e for
him to reply.
(2) Saving the provisions of sub-article (3) and
notwithstanding any other provision of this Code or of any othe r
law, if the accused persists in  his statement that he is guilty  of the
offence charged, such reply sh all be registered, and the Court as a
court of criminal judicature shall proceed to pass on the accus ed
such sentence as would according to law be passed on an accusedconvicted of the offence and shall order that the record, toget her
with a copy of the judgment, be transmitted to the Attorney Gen eral
                         CRIMINAL CODE               [CAP. 9.            235
within six working days.
(3) Nevertheless, if there is good reason to doubt whether the
offence has really taken place at all, or whether the accused i s
guilty of the offence, the court shall, notwithstanding theconfession of the accused, order that the proceedings be contin ued
as if the accused had not pleaded guilty.
(4) The provisions of article 370(2) and of article 371 shall
mutatis mutandis  apply to proceedings under this article in respect
of an offence to which sub-article (1) applies.
(5) At any stage of the proceedings, the accused and the
Attorney General may agree and may request the court by means o f
an application, so that in the case where the accused pleads gu ilty,
the Court of Magistrates as a court of criminal judicature, sha ll
apply such sanction or measure or, where it is so provided by l aw, a
combination of sanctions and measures, of the type and quantityagreed upon between them, and in respect of which the accusedmay be sentenced when he is found guilty for the offence or theoffences with which he has been charged.
(6) In pronouncing judgement the court shall not take into
consideration any agreement on the sentence to be awarded whichis not made in accordance with sub-article (5).
(7) If the court is satisfied that the sanction or the measure, or
the combination of sanctions or measures requested, as providedfor in the preceding sub-article, are such that it shall be law ful for it
to impose upon finding the accused guilty of the offence for wh ich
the accused has pleaded guilty, and the court feels that it sho uld not
order that the case continues in accordance with the provisions  of
sub-article (3) or for any other reason that it should dismiss the
request, and after having clearly explained to the accused theconsequences of his request, the court shall, where an admissio n of
guilt is made by the accused, proceed to award the sentenceindicated to it by the parties wherein it shall be declared in its
decision that the sentence which is being awarded is being soawarded on the request of the parties.
(8) The provisions of article 453A(3) to (5), both sub-articles
inclusive, shall, mutatis mutandis , apply to the proceedings under
this article.
Admission of 
guilt.
Added by:
IV.2014 .22.
Substituted by:
XXIV .2014 .51.
Amended by:
VIII.2015 .29.392B.  (1) In the case where the accused, in answer to the
question in article 392(1)( b) and in any stage of the proceedings,
states, that he is guilty of the offence charged and the said o ffence
is liable to a punishment exceeding twelve years imprisonment, the
court shall warn him in the most solemn manner about the legalconsequences of that reply, and shall allow him a period of tim e for
him to reply. Without prejudice to the provisions of sub-articl e (3)
of article 392A and notwithstanding any other provision of thisCode or any other law, if the accused persists in his statement  that
he is guilty of the offence charged, the court shall, after rec ording
the admission of guilt:
(a) order the record of the inquiry, together with all the
exhibits in the case, to be, transmitted to the Attorney
  
236              CAP. 9.]                       CRIMINAL CODE  
General, within three working days; and
(b) notify the Registrar of the Criminal Court that an
admission of guilt has been made.
(2) The Attorney General shall be allowed the term of one
month to present a note in the Criminal Court by which note heshall declare that the charge presented before the Court ofMagistrates as a court of inquiry and to which the accused pers on
has admitted guilt, shall be considered as a bill of indictment ; such
declaration shall not in any way give rise to any nullity or ot her
defect in the proceedings notwithstanding the other provisions of
this Code and of any other law.
(3) Where the Criminal Court is notified by the Court of
Magistrates as a court of inquiry, about the admission of guilt  in
accordance with paragraph ( b) of sub-article (1), the Criminal
Court shall, within two months from the date of notification,appoint the date of hearing.
(4) The Criminal Court shall, either ex officio , upon a request
by the Attorney General or by the accused, examine that evidenc e
that it deems relevant for the purposes of punishment, and afte r
examining the submissions by the Attorney General and theaccused relating to the punishment, proceed to pass on the accu sed
such sentence as would according to law be passed on an accusedconvicted of the offence.
(5) ( a) The accused and the Attorney General may request the
Criminal Court to apply a sanction or measure or,where provided for by law, a combination of sanctionsor measures, of the kind and quantity agreed betweenthem, and to which the accused can be sentenced.
(b) If the court is satisfied that the sanction or the
measure, or the combination of sanctions and measuresrequested, as provided for in paragraph ( a), is one
which it would been lawful for it to impose uponconviction of the offence for which the accused haspleaded guilty, the court shall proceed to pass thesentence indicated to it by the parties declaring in itsjudgement that the sentence being awarded is being soawarded at the request of the parties.
(c) The provisions of sub-articles (3), (4) and (5) of article
453A shall, mutatis mutandis , apply to this sub-article.
(6) Notwithstanding any other provisions of this Code or any
other law, an admission made and recorded according to theprovisions of sub-article (1) may not be revoked or withdrawn.
(7) When the Criminal Court deems that a formality was not
observed according to this article or there is any other defect  in the
proceedings, the Criminal Court shall send all proceedings back  to
the Court of Magistrates as a court of inquiry to commence theinquiry anew.
                         CRIMINAL CODE               [CAP. 9.            237
Payment of costs 
upon admission of guilt.
Added by:
XXIV .2014 .52.392C.  (1)  Upon an admission of guilt by the accused, whether
during the examination or at any stage of the proceedings, the court
shall, before proceeding to pronounce judgement, ascertain whet her
an inquiry relating to the in genere  or a repertus  has been held and
if in the affirmative, the court shall, in pronouncing judgemen t or in
any subsequent order, sentence the person convicted or the pers ons
convicted, jointly or severally, to the payment, wholly or in p art, to
the registrar, of the costs incurred in connection with theemployment in the proceedings of any expert or referee, includi ng
such experts as would have been appointed in the examination ofthe process verbal of the inquiry, within such period and in su ch
amount as shall be determined in the judgement or order: 
Provided that where the said costs are not yet determined at
time of pronouncing the judgement or in the event that any expe rt
or referee has not presented his report or the process verbal h as not
been concluded, the Registrar is empowered to determine the cos ts,
and to proceed to their recovery from the person or personsconvicted, wholly or in part, as directed by the court in itsjudgement: 
Provided further that the Court shall, before proceeding to
pronounce judgement as aforesaid and in making an order in term s
of article 23B, ascertain whether an order as is referred to inarticles 23A and 23D has been made, and if in the affirmative, the
provisions of this sub-article shall, mutatis mutandis , apply to any
such order.
(2)  The provisions of article 533 shall mutatis mutandis  apply
to any order made under this article.
Cross-
examination by the accused. 
Amended by: 
III.1880.3.393. The accused may cross-examine the witnesses, and his
questions, together with the answers, shall be taken down at th e end
of the examination-in-chief.
Noting down of 
points of fact submitted by accused.394. Any point of fact which, upon the examination of any
witness or in the course of the inquiry, is submitted by the ac cused,
shall be noted down by the court in the corresponding part of t he
record.
Depositions of 
witnesses and examination of accused to be signed by magistrate. 
Amended by: 
Order-in-Council of 1899, s.1.395.  The depositions of the witnesses and the examination of
the accused shall be signed by the magistrate.
Counter-signing 
of exhibits.396. Every document produced in the course of the inquiry shall
be counter-signed by the magistrate, and a record of suchproduction shall be entered on th e document itself by the regis trar
or the officer acting in his behalf.
  
238              CAP. 9.]                       CRIMINAL CODE  
Powers of 
magistrate during inquiry. 
Amended by: 
IX.1859.23; V .1868.23; XIII.1931.2; L.N. 4 of 1963; XXXI.1966.2;
XXIV .2014 .53.397. (1) The court may order the attendance of any witness
and the production of any evidence which it may deem necessary,as well as the issue of any summons or warrant of arrest agains t any
other principal or accomplice whom the court may discover. Thecourt may likewise order any inquest, search, experiment, thetaking of any sample and any other measure or thing necessary f or
the fullest investigation of the case.
Examination of 
body.(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 o f
the party on whom or with whom the offence is alleged to havebeen committed, if the court is of opinion that from suchexamination a proof might result either against or in favour of  the
accused.
Photographs, 
measurements and finger-print impressions.(3) The court may, moreover, at the request of the Police, order
that any accused person be photographed or measured or that hisfinger-prints be taken:
Provided that when an accused person, who has not been
previously convicted of crime, is acquitted, all photographs (b oth
negatives and prints), finger-print impressions, and records ofmeasurements so taken, shall be destroyed or handed over to theperson acquitted.
(4) The photographs, finger-print impressions and measure-
ments referred to in the last preceding sub-article shall be ta ken in
accordance with such regulations as may from time to time be ma de
by the Minister responsible for justice.
Arrest of 
accused not in custody.(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.398. (1) Where, previously to the signing of any act, it is
necessary to make thereon any alteration, correction or additio n,
the same shall be made by means of a note at the foot of the ac t
itself and before the act is signed. Any alteration, correction  or
addition required to be made after the act is signed shall be m ade
by means of a note in the margin.
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 necessar y to make
any cancellation, the same shall be made in such a manner as to
leave the word cancelled distinctly legible.
Magistrate to 
sign notes, etc. (3) The magistrate shall sign any such notes or cancellation.
Evidence by commission. 
Added by: 
XI.1900.66.
Amended by:
XXXI.2007 .16.
Substituted by:
XXIV .2014 .54. 399. (1) When the court decides that the examination of any
witness or any other process of the inquiry by a foreign author ity is
indispensably necessary, the request for legal assistance and t he
court’s decision shall be served, within three working days, on  the
Attorney General who may, within five working days, make any
submissions in writing as he may deem appropriate.
(2) The accused may, not later than four working days from any
such decision, submit an additional request for the examination  of
                         CRIMINAL CODE               [CAP. 9.            239
any witness or any other process of the inquiry, and appoint so me
person to represent him at the examination or process. Such ter m
may, upon good cause being shown, be extended:
Provided that such term as extended shall not exceed thirty
days from the date of the decision.
(3) The court shall order the transmission of the request for
legal assistance to the foreign authority within three working days
upon the expiry of the period referred to in sub-article (2).
(4) The Criminal Court shall have competence to order the
transmission of the request for legal assistance to the foreignauthority upon an application bein g made by the Attorney Genera l
or the accused upon the expiry of the time period referred to i n sub-
article (3).
Cap. 12. (5) The provisions of article 622B of the Code of Organization
and Civil Procedure providing for the audio-recording or video-
recording of evidence or by any other means shall apply to arequest for the examination of any witness under this article.
Cap. 12. (6) The provisions of articles 618 and 619 of the Code of
Organization and Civil Procedure shall apply for the purposes of
this article:
Provided that where there exists any treaty, convention,
agreement or understanding between Malta and another country orwhich applies to both such countries or to which both suchcountries are a party, the request shall be made and transmitte d in
terms of the said treaty, convention, agreement or understandin g.
(7) For purposes of this article a letter of request shall conta in
the following:
(a) the object of and the reason for the request;
(b) details of the person or persons named in the request
including, where available, address, date of birth andnationality;
(c) a description of the offences with which a person has
been charged and the punishment to which theoffences are liable;
(d) a summary of the facts giving rise to the request; and
(e) a copy of the relevant legislation that criminalises the
conduct attributed to the offender and givesinformation on the offence, penalty and rights a personmay be afforded.
Accused may be 
assisted by advocate or legal procurator.400.  The accused may, in the course of the inquiry, be assisted
by advocates or legal procurators.
  
240              CAP. 9.]                       CRIMINAL CODE  
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 .9.401. (1) The inquiry shall be concluded within the term of one
month which may, upon good cause being shown, be extended bythe President of Malta for further periods each of one month, e ach
such extension being made upon a demand in writing by the court :
Provided that the said term shall not in the aggregate be so
extended to more than three months:
Provided further that unless bail has been granted, the
accused shall be brought before the court at least once every f ifteen
days in order that the court may decide whether he should again  be
remanded in custody.
Committal or 
discharge of accused.(2) On the conclusion of the inquiry, the court shall decide
whether there are or not sufficient grounds for committing theaccused for trial on indictment. In the first case, the court s hall
commit the accused for trial by the Criminal Court, and, in thesecond case, it shall order his discharge.
Record to be 
transmitted to 
Attorney 
General.(3) In either case, the court shall order the record of the inqu iry,
together with all the exhibits in the case, to be, within threeworking 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 mentio ned
in sub-article (3), adjourn the case to another date, being a d ate not
earlier than one month but not later than six weeks from the da te of
the adjournment. The court shall also adjourn the case as afore said
after having received back from the Attorney General the record  of
the inquiry and before returning the record to the Attorney Gen eral
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 mention ed in
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;
XXIV .2014 .55.402. (1) The terms referred to in the last preceding article, in
article 407 and in article 432(3) shall be held in abeyance - 
in case of 
insanity of accused, (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 heis insane at the time of the inquiry;
in case of illness 
of accused,(b) if the accused owing to illness or for any other cause,
is unable to appear;
in case of the 
taking of evidence by commission,(c)if there has been any order for the examination of any
witness or for any other process of the inquiry underarticle 399;
(d) when the court accedes to a request made in terms of
article 46(3) of the Constitution.
                         CRIMINAL CODE               [CAP. 9.            241
(2) Such terms may also be held in abeyance -
in case of illness 
of witnesses,(a) if any witness is so infirm as to be unable to give
evidence even in his place of abode;
in case where 
accused cannot be found.(b) if the accused cannot be found and there is reason to
believe that he has absconded or left Malta.
Appointment of 
experts.(3) In the case referred to in sub-article (1)( a), the court shall
appoint one or more experts to examine the accused and the fact s
relating to the alleged insanity.
Insanity at the 
time of the offence.(4) If from the report of the experts, it appears that the accus ed
was insane at the time of the commission of the offence, the co urt
shall order that the record of the inquiry be transmitted to th e
Attorney General within the term prescribed in sub-article (3) of
the last preceding article and shall make an order as provided in
article 623.
Contestation of 
insanity by 
Attorney 
General.(5) If, upon receipt of the record, the Attorney General decides
to contest the finding of the experts that the accused was insa ne, he
may, within the term prescribed in article 432(1), either send back
the record to the court of criminal inquiry with a written requ est
that the inquiry into the merits of the case be proceeded with,  or file
an application before the Criminal Court submitting the issue t o
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 crimi nal
inquiry makes a request to that effect before the record istransmitted to the Attorney General in terms of the last preced ing
sub-article.
Insanity at the 
time of the inquiry.(6) If from the report of the experts, it appears that the accus ed
was insane at the time of the inquiry, the court shall proceed with
the inquiry into the merits of the charge.
Inquiry may be 
continued in the absence of the accused.(7) In the cases referred to in sub-articles (5) and (6), the
inquiry may be continued in the absence of the accused, and if he is
not assisted by an advocate or legal procurator, the provisions  of
article 519 shall apply.
Terms under 
article 402(1) to run anew.
Added by:
XXXI.2007 .17.402A.  Where in respect of a person charged before the Courts of
Magistrates as a court of criminal inquiry a court has made an order
for his temporary surrender to a foreign State requesting his
extradition or to any other foreign competent authority request ing
his surrender, the terms referred to in article 402(1) shall, f rom the
date of his return to Malta, recommence to run anew.
  
242              CAP. 9.]                       CRIMINAL CODE  
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 .3.403. (1) If, on the conclusion of the inquiry, it appears to the
court that the offence is not one within the jurisdiction of th e
Criminal Court but is one within the jurisdiction of the Court of
Magistrates as court of criminal judicature and for the prosecu tion
of which the complaint of the injured party is not required, th e
court conducting the inquiry shall give judgment as provided inarticle 377 and shall order that the record, together with a co py of
the judgment, be transmitted to the Attorney General, as provid ed
in article 401(3).
(2) The provisions of sub-article (1) shall apply also in the ca se
where the offence is one triable on the complaint of the injure d
party and such party does not appear to waive the complaint.
Duty of 
Executive Police to continue investigation after discharge of accused for want of evidence. 
Amended by: 
VIII.1990 .3.404.  In every case where the Court of Magistrates discharges an
accused for want of evidence, it shall be the duty of the Execu tive
Police to continue to make further and fuller investigation int o the
case.
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;
XXIV .2014 .56.405. (1) After the committal of the accused for trial, and
before the filing of the indictment, the court shall, upon the demand
in writing of the Attorney General, further examine any witnesspreviously heard or examine any new witness.
Attorney 
General to forward record of inquiry together with demand.(2) The Attorney General shall, for such purpose, transmit to
the court the record of inquiry together with the demand, stati ng
therein the subject on which the examination or re-examination is
to take place.
Examination of 
witnesses in presence of accused.(3) The witnesses shall be examined or re-examined in the
presence of the accused in order that he may have the opportuni ty
of cross-examining them, and, for such purpose, the court shallorder the accused, if in custody, to be brought up, and, if not  in
custody, to be summoned to appear before it.
Failure of 
accused to appear to the summons.(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.
                         CRIMINAL CODE               [CAP. 9.            243
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. (5) The provisions of the preceding sub-articles of this article
shall apply in the case of witnesses whom the accused may wish to
examine or re-examine. In such case, the demand shall becommunicated to the Attorney General who, not later than the da y
following, shall forward to the court the record of inquiry. Th e
court shall then cause the Commissioner of Police to be notifie d of
the day appointed for the hearing  of the witnesses in order tha t he
or any other Police officer may, if he so desires, appear and c ross-
examine the witnesses.
Sending back 
record to 
Attorney 
General. (6) The depositions of the witnesses taken under this article
shall, without delay, be transmitted to the Attorney General.
Commencement 
of term for 
indictment 
where demand for re-examination of witnesses or examination of new witnesses is made by accused.(7) When the demand for the examination of witnesses is made
by the accused, the term for the filing of the indictment shallcommence 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.
(8) The court shall proceed to take any other action or measure
relating to the inquiry as may be demanded in writing by the
Attorney General.
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 .3.406. (1) Where the indictment has already been filed, the
demand of the Attorney General or of the accused, referred to i n the
last preceding article, shall be made by an application to theCriminal Court. Such application shall contain a list of theproposed witnesses and a clear indication of the subject on whi ch
they are to be examined. The court, if it allows the applicatio n,
shall order the hearing of the witnesses, and shall, for this p urpose,
direct that the application be transmitted to the Court ofMagistrates as a court of criminal inquiry, and the latter cour t shall
proceed in accordance with the provisions of the said article.
(2) Where the record of inquiry has already been lodged in the
registry of the Criminal Court, it shall be forwarded by the re gistrar
to the Court of Magistrates toge ther with the said application;  and
where the record is still with the Attorney General, it shall b e by
him forwarded to the Court of Magistrates not later than the da y
following that on which the last mentioned court shall havecommunicated to him the order of the Criminal Court for thehearing 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.
  
244              CAP. 9.]                       CRIMINAL CODE  
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.(4) The demand for the hearing of witnesses in the cases
referred to in this article shall not be granted, unless the co urt 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 arti cle 438
for the filing of the list of the witnesses to be produced at t he trial,
their depositions shall not be admissible except with the leave  of
the Criminal Court to be granted only if the said court, havingregard to the circumstances of the case, is of opinion that theevidence resulting therefrom is relevant.
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.1900.68.407.  In the cases referred to in the first part of article 402(5)
and in the last preceding two articles, the inquiry shall beconcluded within the term mentioned in article 401(1) to bereckoned from the day on which the record is received by the co urt.
Access to 
accused during inquiry. 
Amended by:
XI.1900.68; L.N. 46 of 1965; LVIII.1974.68.408. (1) During the inquiry and until the record is transmitted
to the Attorney General, no access to the party accused, when i n
custody, shall be allowed except with the permission of theinquiring magistrate.
(2) Such permission shall not be granted if the magistrate
deems it prejudicial to the ends of justice.
When inquiry 
may be held with closed doors.
Added by:
XI.1900.69.409. (1) It shall be lawful for the court to order the
proceedings to be conducted with closed doors, if it appears to  it
that the ends of justice would be prejudiced if the inquiry wer e
conducted in open court.
(2) In any such case, the officials attached to the court and
taking part in the inquiry shall be bound not to disclose theproceedings thereof under the penalty provided in article 257.
Application by 
person in custody alleging unlawful detention.
Added by:
III.2002 .87.409A.  (1) Any person who alleges he is being unlawfully
detained under the authority of the Police or of any other publ ic
authority not in connection with any offence with which he ischarged or accused before a court may at any time apply to the
Court of Magistrates, which shall have the same powers which th at
court has as a court of criminal inquiry, demanding his release  from
custody. Any such application shall be appointed for hearing wi th
urgency and the application together with the date of the heari ng
shall be served on the same day of the application on the appli cant
and on the Commissioner of Police or on the public authority un der
whose authority the applicant is allegedly being unlawfullydetained. The Commissioner of Police or public authority, as th e
case may be, may file a reply by not later than the day of thehearing.
(2) On the day appointed for the hearing of the application the
court shall summarily hear the applicant and the respondents an d
                         CRIMINAL CODE               [CAP. 9.            245
any relevant evidence produced by them in support of their
submissions and on the reasons and circumstances militating infavour 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 thecontinued detention of the applicant is not founded on anyprovision of this Code or of any other law which authorises thearrest and detention of the applicant it shall allow the applic ation.
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 sha ll be
transmitted to the Attorney General by not later than the nextworking day and the Attorney General may, within two workingdays from the receipt of the record and if he is of the opinion  that
the arrest and continued detention of the person released fromcustody was founded on any provision of this Code or of any oth er
law, apply to the Criminal Court to obtain the re-arrest andcontinued detention of the person so released from custody. Therecord of the proceedings and the court’s decision transmitted to
the Attorney General under the provisions of this sub-article s hall
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 .88.410. (1) In any proceedings instituted by the Executive Police
on the complaint of the injured party, it shall be lawful for t he
complainant to be present at the proceedings, to engage an advo cate
or a legal procurator to assist him, to examine or cross-examin e
witnesses and to produce, in support of the charge, such otherevidence as the court may consider admissible.
Examination on 
oath of complainant.(2) Where the complainant is to be heard on oath, his evidence
shall be taken before that of any other witness of the prosecut ion,
saving the case where, in the opinion of the court, his evidenc e
becomes necessary even at a later stage of the proceedings, orwhere the accused applies for such evidence at any stage of theproceedings, or where the court sees fit to vary the course of the
taking of the evidence.
Police and party 
injured may be assisted by advocate or legal procurator.(3) In any proceedings instituted by the Executive Police ex
officio , it shall be lawful for the Police and for the party injured t o
engage an advocate or a legal procurator to assist them; suchadvocate or legal procurator may examine or cross-examinewitnesses, produce evidence or make, in support of the charge, any
other submission which the court may consider admissible.
  
246              CAP. 9.]                       CRIMINAL CODE  
Injured party 
may be present in court during sittings.(4) Without prejudice to the provisions of sub-article (3) and
subject to the provisions of sub-article (6), any party injured  having
an interest in being present during any proceedings instituted by the
Executive Police shall have the right to communicate that inter est
to the police giving his or her particulars and residential add ress
whereupon that injured party shall be served with a notice of t he
date, place and time of the first hearing in those proceedings and
shall have the right to be present in court during that and allsubsequent hearings even if he is a witness.
(5) Without prejudice to the provisions of sub-article (3) and
subject to the provisions of sub-article (6), any person not se rved
with the notice referred to in sub-article (4) and claiming to be an
injured party may apply to the court to be admitted into theproceedings 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 th e
date of the first hearing after an attempt has been made to tha t
effect or the absence for any reason of the injured party at an y
sitting shall not preclude the court from proceeding with the t rial or
inquiry until its conclusion.
Taxation of fees 
of advocate or legal procurator in proceedings instituted by the Police. 
Added by: 
XVI.1921.6 .
Cap. 12.411. (1) In the case of proceedings instituted by the Executive
Police, the fees of the advocate or legal procurator shall be t axed in
accordance with the scale in Schedule C annexed to this Code. T he
taxed bill of such fees may be impugned and shall be enforceabl e in
the same manner as the taxed bills of judicial costs referred t o in
article 253(c) of the  Code of Or ganization and Civil Procedure.
(2) The registrar may, in connection with the taxation of any
fee, consult the magistrate by whom the offence was tried, withregard to the importance of the charge, the duration of theproceedings and other circumstances. The advocate or legalprocurator may also apply to the said magistrate for the re-tax ing of
any fee within the scale in Schedule C annexed to this Code.
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. 252.412. (1) The Court of Magistrates shall hold its ordinary
sittings every day, except Saturdays, public holidays as provid ed in
the National Day and other Public Holidays Act, and Wednesday
and Thursday of Holy Week.
Exceptions. (2) Nevertheless, where the matter relates to the binding over
of the offender under articles 383 and 384, or to the performan ce of
any act in connection with any inquest or other inquiry referre d to
in this Code or to any bail or to the issue of any urgent summo ns or
to the examination of any witness who is about to leave Malta o r is
in danger of life, it shall be lawful for the magistrate to sit  for the
despatch of business on the days mentioned in sub-article (1) a nd in
any place where it may be necessary.
                         CRIMINAL CODE               [CAP. 9.            247
Place of sittings. (3) The Court of Magistrates (Malta) shall hold its sittings in
Valletta and the Court of Magistrates (Gozo) shall hold its sit tings
in Victoria:
Provided that it shall be lawful for the Minister responsible
for justice, by notice, to fix any other place where the said c ourts,
as courts of criminal judicature, may hold their sittings:
Sec. 3 of 
Ordinance II of 1867 incorporated.Provided further that the Court of Magistrates, even as a
court of criminal judicature, may hold its sittings at the Laza retto
or in any other place that it may deem proper, if the accused o r any
witness is performing quarantine, and the court itself shall no t
deem it expedient to adjourn the cause until the expiration of the
period of quarantine.
Conditions on 
person charged or accused not in custody.
Added by:
III.2002 .90.412A.  (1) When the person charged or accused brought before
the Court of Magistrates, whether as a court of criminal judica ture
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 i n
order to ensure the appearance of that person at the proceeding s on
the appointed time and place or to otherwise ensure that that p erson
will not in any way unlawfully interfere in the correctadministration of justice in those proceedings.
(2) The court may require the giving of sufficient security by
the person charged or accused by the mere recognizance of thesame person charged or accused in order to ensure that he abide s by
the conditions imposed upon him by the court and the provisions  of
articles 576 and 584, shall apply to the security given under t his
sub-article.
(3) The sum given by way of security shall be forfeited to the
Government of Malta and a warrant of arrest shall be issued aga inst
the person charged or accused where that person fails to observ e
any of the conditions imposed by the court in pursuance of theprovisions of this article and in any of the other circumstance s
mentioned in article 579 provided that the provisions of this s ub-
article shall not apply where the court considers that theinfringement of the condition imposed by the court is not of se rious
consequence.
Application by 
person in 
custody pending 
criminal proceedings alleging unlawful detention.
Added by:
III.2002 .90.412B. (1) Any person in custody for an offence for which he is
charged or accused before the Court of Magistrates and who, at any
stage other than that to which article 574A applies, alleges th at his
continued detention is not in accordance with the law may at an y
time apply to the court demanding his release from custody. Anysuch application shall be appointed for hearing with urgency an d
together with the date of the hearing shall be served on the sa me
day of the application on the Commissioner of Police or, as the  case
may be, on the Commissioner of Police and the Attorney General,who may file a reply thereto by not later than the day of thehearing.
(2) The provisions of article 574A(2) and (3) shall mutatis
mutandis  apply to an application under this article.
  
248              CAP. 9.]                       CRIMINAL CODE  
(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 connectio n
with any act of the proceedings the application shall be filed in the
Criminal Court and the aforegoing provisions of this article sh all
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 .
Substituted:
XIII.2018 .24.412C.  (1)Where a person (hereinafter in this article and in article
412D referred to as "the accused") has been charged or accusedwith an offence before the Court of Magistrates whether as a Co urt
of inquiry or as a Court of criminal judicature, the Court may,either ex officio  or at the request of any party to the proceedings, on
reasonable grounds, for the purpose of providing for the safety  of
the injured person or of other individuals or for the keeping o f the
public peace or for the purpose of protecting the injured perso n or
other individuals from harassment or other conduct which willcause a fear of violence, issue a protection order against theaccused.
(2) Where a protection order is requested by any party to the
proceedings, such request shall be appointed for hearing todetermine whether there is sufficient prima facie  evidence for it to
be issued by the Court within seven days from when such request  is
made.
(3) Before issuing a protection order, the Court shall take into
account:
(a) the need to ensure that the injured person or other
individual specified in the order is protected frominjury 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 injuredperson, his children and his other dependants; and
(d) any hardship that may be caused to the accused or to
any other person as a result of making the order; and
(e) the accused’s willingness or otherwise to submit to
such treatment as the Court may deem appropriate; and
(f) any other matter that, in the circumstances of the case,
the Court considers relevant:
Provided that particular attention shall be given to the
matters in paragraphs ( a), (b) and ( e).
(4) The Court shall always issue a protection order in those
instances where, following a risk assessment of the injured par ty or
any other relevant person, it be comes apparent that such person  is
at a very high risk.
(5) When issuing a protection order, the Court shall outline the
                         CRIMINAL CODE               [CAP. 9.            249
formal requirements of such order , and, if applicable, delineat e any
prohibited areas and other prohibited conduct.
(6) When issuing a protection order under this article, the
Court shall immediately communicate such order to theCommissioner of Police, who shall take all actions necessary toensure monitoring of the conditions of such order, including, i f
appropriate, by electronic means.
(7) A protection order may impose any restrictions or
prohibitions on the accused that appear to the Court necessary or
desirable in the circumstances in order to give effect to any o f the
purposes mentioned in sub-article (1).
(8) Without limiting the nature of the orders which may be
made under sub-article (1), a protection order may do all or an y of
the following:
(a) prohibit or restrict the accused from approaching or
following the movements of the injured person or anyother individual specified in the order; or
(b) prohibit or restrict access by the accused, to premises
in which the injured person, or any other individualspecified in the order, lives, works or frequents even ifthe 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 theorder.
(9) A protection order shall remain in force for a period, not
exceeding five years, specified by the Court, but can be revoke d or
extended for further periods.
(10) A party to the proceedings in which an order has been made
under this article or any other individual mentioned in the ord er,
may apply to the Court at any time for the extension, variation  or
revocation of the order and after all the parties have had anopportunity to be heard the Court shall, in determining whether  to
extend, vary or revoke an order, have regard to the mattersspecified in sub-article (3).
(11) If without reasonable excuse the accused contravenes any
prohibition or restriction imposed upon him by an order under t his
article, he shall be guilty of an offence and shall, on convict ion, be
liable to a fine ( multa ) of seven thousand euro (€7,000) or to
imprisonment not exceeding two years or to both such fine andimprisonment.
(12) The Court may also order that any arm proper or arm
improper, as defined in article 64, be deposited with the Court ’s
registrar.
Treatment 
Orders.
Added by:
XX.2005 .19.
Amended by:
L.N.  407 of 
2007 ..412D.  (1) Together with or separately from a protection order
under article 412C, and provided the court is satisfied that pr oper
arrangements have been made or can be made for treatment, thecourt may make an order (hereinafter in this article referred t o as a
"treatment order") requiring a person to submit to treatment su bject
to the conditions which the court may deem appropriate to lay
  
250              CAP. 9.]                       CRIMINAL CODE  
down in the order:
Provided that where any person is convicted with an
offence, a treatment order by the court may be made with orwithout the consent of the convicted person and in the case of a
person accused with an offence, a treatment order may only bemade with the consent of the accused.
Cap. 446.(2) The treatment may be of any of the kinds specified in
article 7(5) of the Probation Act.
(3) The provisions of article 412C(9) and (10) shall apply to an
order under this article.
(4) If at any time during the period that the order is in force it is
proved to the satisfaction of the court that the person has fai led 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-ninecents (1164.69).
Sub-title III
Added by: 
XI.1900.70. 
Amended by: 
VIII.1990 .3.OF APPEALS FROM JUDGMENTS OF THE COURT OF 
MAGISTRATES AS COURT OF CRIMINAL JUDICATURE
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;
XXIV .2014 .57.413. (1) Any judgment of the Court of Magistrates may be
appealed against -
(a) by the party convicted;
(b) in cases relating to summary proceedings for offences
within the jurisdiction of the Court of Magistrates as aCourt of Criminal Judicature under article 370(1), bythe Attorney General, and, in the cases mentioned inarticle 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 exceedingthe jurisdiction of that court as a court ofcriminal judicature;
(iii) the punishment awarded by the inferior court, is,
by reason of its quality or quantity, differentfrom that prescribed by law for the offence forwhich 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,
                         CRIMINAL CODE               [CAP. 9.            251
(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 attributedto the complainant in accordance with theprovisions of article 253, is declared to beexempt from punishment;
(vi) the Police, or, as the case may be, the
complainant has not been allowed at the trial toproduce, in support of the charge, someindispensable evidence which was admissibleaccording to law;
Cap. 10.(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 prohibitionsmade, or from the observance or execution ofany of the prohibitions or orders made or given,by the Police or by any other public officer,under the Code of Police Laws or any other law;
(viii) the judgement of the inferior court is null by
reason of lack of formality or proceduralrequirements;
(c) in all other cases by the Attorney General.
(2) Where a judgement is given in respect of several offences
and a right of appeal under paragraph ( c) of the preceding sub-
article, or under any other law, is competent in respect of one  of
those offences, an appeal shall lie in respect of any other of those
offences within the jurisdiction of the Court of Magistrates as  a
court of criminal judicature under article 370(1) connected wit h
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 acircumstance thereof.
(3) Where the accused or defendant is acquitted on any of the
grounds laid down in sub-article (1)( b) (iv), (v) and (vi), the court
shall clearly state such ground in the judgment, in default whe reof
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.
  
252              CAP. 9.]                       CRIMINAL CODE  
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 .92.414. (1) Where the proceedings have been instituted by the
Police, the court by which the judgment has been delivered shal l,
on a demand in writing by the Police or by the injured party se rved
with the notice of first hearing or admitted into the proceedin gs as
provided in article 410(4) and (5), to be made not later than f our
working days from the delivery of such judgment, transmit, thro ugh
the registrar, within three working days from such demand, a co py
of the judgment, together with the record of the proceedings an d
the notes of the depositions, if any, to the Attorney General.
(2) In the case of judgments by the Court of Magistrates
(Gozo), the copy of the judgment, together with the record of t he
proceedings and the notes of the depositions, if any, may be se nt by
post.
Appeal from 
interlocutory decrees. 
Added by: 
XI.1900.70.415. (1) An appeal from an interlocutory decree which does
not bar the continuation of the cause, may be entered only afte r the
definitive judgment and together with an appeal from suchjudgment.
(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 be en
specifically indicated.
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 .10.416. (1) The party convicted who is not in custody for the
offence of which he has been convicted may, on making, evenorally, a declaration that he desires to enter an appeal agains t the
judgment, obtain from the inferior court a stay of execution of  the
judgment, provided he gives sufficient security in terms of art icle
577(1) to appear at the proceedings before the superior court w hen
called upon by such court; and in such case the provisionscontained in articles 579, 581, 583, 585, 586 and 587 shall app ly.
(1A) Where the party convicted who is not in custody for the
offence of which that party has been convicted is sentenced toimprisonment or detention and immediately prior to conviction t hat
party was on bail as provided in Title IV of Part II of Book Se cond
of this Code the conditions attaching to that bail, including t he
mode of security and the sum or equivalent pledge, if any, spec ified
in the bail bond, shall continue to apply in addition to the se curity
required under sub-article (1) upon obtaining a stay of executi on of
the judgement as provided in that sub-article either until the lapse
of the time for the filing of the appeal if no appeal is filed or if
otherwise until the determination of the appeal.
Security. (2) The amount of the security shall be fixed by the inferior
court, in accordance with the rules set out in articles 576 and  584: 
Provided that where only a pecuniary penalty has been
awarded, the amount of the security shall be equal to the amoun t of
the penalty, and in such case the court may require that the se curity
shall be either in the form of a deposit of a sum equal to the said
                         CRIMINAL CODE               [CAP. 9.            253
amount or in the form of a bank guarantee, made out to its
satisfaction, for the said amount; but the security shall not b e
required except on the demand of the prosecution and on goodcause 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.
Appeal by party 
convicted when in custody.(3) A declaration of appeal shall stay the execution of the
judgment in regard to the party convicted who is in custody, an d
such party may obtain, during the time allowed for entering theappeal and during the hearing of  the appeal, his temporary rele ase
in cases where bail may be granted under the provisions contain ed
in Title IV of Part II of Book Second of this Code.
(3A)  The failure to make a declaration of appeal as provided in
sub-article (3) shall not preclude the party convicted fromappealing the judgement provided that such appeal is filed with in
the time allowed for entering such appeal.
Appeal by 
Attorney 
General or complainant not to stay execution of judgment.(4) In no case shall the appeal entered by the Attorney General
or by the complainant operate as a stay of execution of thejudgment.
Default of party 
appealing to give security.(5) If the party convicted, after making the declaration that he
desires to enter an appeal, fails to give security as provided in the
preceding sub-articles of this article, he shall be kept in cus tody
until he gives security, or, otherwise, until the determination  of the
appeal.
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;
I.2018 .22.417. (1) The appeal shall be brought before the Court of
Criminal Appeal by an applic ation to be filed within twelve working
days, and, to run, for the person convicted and for the complainant,
from the day on which the definitive judgment is delivered, and , for
the Attorney General, from the day on which he receives therecord:
Provided that in the case of an appeal from a judgment of
the Court of Magistrates (Gozo) the application of appeal may b e
filed in the registry of that Court and transmitted through theregistrar to the registry of the Court of Criminal Appeal toget her
with a copy of the judgment, the record of the proceedings and the
notes of the depositions, if any, unless these have already bee n so
transmitted in pursuance of the provisions of sub-article (2) o f
article 414; and provided also that in any case of an appeal fr om
such a judgment as aforesaid, all acts subsequent to the applic ation
of appeal, whether such application was filed as aforesaid or i n the
registry of the Court of Criminal Appeal, may also be filed in the
Court of Magistrates (Gozo) and transmitted to the registry of the
Court of Criminal Appeal as aforesaid.
(2) A person who has been discharged either absolutely or
conditionally or in whose case a probation order has been made by
the Court of Magistrates may appeal from his conviction, within  the
time prescribed in sub-article (1), to run from the day on whic h the
order for discharge or the probation order is made. On any such
  
254              CAP. 9.]                       CRIMINAL CODE  
appeal, the Court of Criminal Appeal shall have, in addition to  the
powers under this sub-title, the power of amending, altering orcancelling any of the conditions or requirements of the order f or
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 .3.418. (1) One of the judges ordinarily sitting in the Court of
Criminal Appeal or ordinarily sitting in the Criminal Court sha ll sit
without a jury in the Court of Criminal Appeal for the hearing and
determination of appeals from judgments of the Court ofMagistrates.
(2) For the hearing of appeals from decisions of the Court of
Magistrates (Gozo) as court of criminal judicature the Court ofCriminal 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;
I.2018 .22.419. (1) Besides the indications common to judicial acts, the
application shall, contain - 
(a) a brief statement of the facts; 
(b) the grounds of the appeal;
(c) a demand that the judgment of the inferior court be
reversed or varied.
(2) If the appeal is made by the Attorney General, the
application shall, under pain of nullity, be signed by him, and  shall
be filed directly in the superior court together with the recor d 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 advoc ate,
and shall be filed in the registry of the court which shall hav e
pronounced the judgment appealed from. The registrar shall, wit hin
two working days from the receip t of the application, transmit the
same to the superior court, together with a copy of the judgmen t,
the notes of the depositions, if any, and the record of theproceedings.
(4) In case of appeals from the Court of Magistrates (Gozo),
the application, the copy of the judgment, the notes of the
depositions, if any, and the record of the proceedings, may be sent
by post.
Free legal aid. 
Added by: 
XI.1900.70. 
Amended by: 
XXI.1971.27;
XXIV .1995 .362.
Substituted by:
III.2002 .95.420. The appellant as well as the respondent may be assisted
by the Advocate for Legal Aid and the provisions of article 570shall apply.
                         CRIMINAL CODE               [CAP. 9.            255
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 .96.421. (1) Notice of the day appointed by the superior court for
the hearing of the appeal shall be given to the parties and to the
injured party served with the notice of first hearing or admitt ed into
the proceedings as provided in article 410(4) and (5) by means of a
written order signed by the Registrar of Courts:
Provided that the failure to serve the injured party with the
notice of the date of the first hearing after an attempt has be en
made to that effect or the absence of the injured party for anyreason at any sitting shall not preclude the court from proceed ing
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 t he
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 advocateto assist him although he might not have been served with thenotice referred to in sub-article (1) and although he may be awitness in the proceedings; any advocate engaged by the injuredparty may examine or cross-examine witnesses and make any othersubmission which the court may consider admissible.
(4) Notice in writing, as provided in sub-article (1), shall als o
be given to the party in whose absence the appeal shall have be en
put off.
Non-appearance 
of appellant. 
Added by: 
XI.1900.70.
Amended by:
III.2002 .97;
XIII.2002 .9.422. (1) If, on any day appointed for the hearing of the appeal,
the appellant fails to appear, his appeal shall be taken to hav e been
abandoned and the judgment appealed from shall be carried intoeffect; but on an application by the appellant, filed within fo ur days
from the day above-mentioned, together with a declaration swornbefore the registrar by the appellant to the effect that he was , on
account of illness or for any other reason independent of his w ill, to
be expressly stated in the application, unable to attend on the  day
appointed as aforesaid, the court shall appoint another day for  the
hearing of the appeal, in which case the provisions of sub-arti cles
(1) and (2) of the last preceding article shall apply.
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 req uest
for temporary release from custody may be made in the sameapplication mentioned in sub-article (1).
Appearance of 
appellant when in custody. 
Added by: 
XI.1900.70.423.  If, on the day appointed for the hearing of the appeal, the
appellant is in custody, the provision contained in article 443 (1)
shall apply.
  
256              CAP. 9.]                       CRIMINAL CODE  
When new 
witnesses are admissible . 
Added by: 
XI.1900.70.424.  No new witnesses may be produced before the superior
court, except - 
(a) when it is proved by oath or other evidence that the
party requesting the production of the new witnesseshad no knowledge of them, or could not, with themeans provided by law, have produced them before theinferior court;
(b) when the evidence shall have been tendered before the
inferior court, and such court shall have wronglyrejected it.
Adjournment of 
cause on account of non-appearance of witnesses. 
Added by: 
XI.1900.70. 
Amended by: 
VIII.1909.46;
III.2002 .98.425.  If any witness duly summoned fails to appear, and the
court deems it necessary to hear such witness, the court mayadjourn the hearing of the appeal to another day, and the provi sions
of article 441, in so far as applicable, shall apply. Unless th e court
orders otherwise, witnesses shall be summoned by the Police in the
manner provided for in article 365.
Expenses for 
summoning witnesses on behalf of party having free legal aid.
Added by: 
XI.1900.70. 
Amended by: 
XXI.1971.27.426.  Where, in the cases referred to in article 420, the party is
assisted by the Advocate for Legal Aid, or by another advocateassigned by the court in his stead, the expenses for the summon ing
of witnesses shall provisionally be defrayed by the Police.
Order of hearing 
of cause. 
Added by: 
XI.1900.70.427.  Saving the provision of article 422(2), the court shall hear
the appellant and the respondent, in the order which it shall d eem
most convenient, regard being had to the circumstances of the c ase.
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 .99.428. (1) If the superior court finds that the fact attributed to
the offender constitutes an offence liable to a punishmentexceeding the jurisdiction of the Court of Magistrates as court  of
criminal judicature, it shall quash the judgment, and shall tra nsmit
the record to the Court of Magistrates to proceed according to law.
(2) If the court finds that the offence attributed to the offend er
was not within the jurisdiction of the inferior court by which it was
tried, but that it was within the jurisdiction of another infer ior
court, the superior court shall quash the judgment and refer th e case
to the competent court. But in this case the plea to the jurisd iction
of the court shall not be allowed - 
(a) if it was not raised before the inferior court;
(b) if, having been raised, it was expressly or tacitly
waived.
(3) If the superior court finds that the inferior court, being
competent to deal with the case, declared that it was not socompetent, it shall quash the judgment, and shall proceed todetermine the merits of the case. The same procedure shall befollowed where the superior court finds that a breach or anomission of any of the formalities prescribed by the law under pain
of nullity, or otherwise substantial, has taken place.
                         CRIMINAL CODE               [CAP. 9.            257
(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 th at
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 a lso on
the ground of a wrong judgment on the merits, the superior cour t, if
it finds that the appeal, in so far as it is entered on the gro und of
want of jurisdiction or of any breach or omission of formalitie s, is
without foundation, shall make a pronouncement to that effect a nd
shall decide on the merits in accordance with the following sub -
article.
(6) If the appeal refers only to the merits, the superior court
shall pronounce judgment either affirming or varying or reversi ng
the judgment appealed from.
(7) If the appeal is made only by the party convicted, the
punishment may not be increased.
Registrar to 
transmit to inferior court copy of judgment of appellate court.(8) The Registrar of Courts shall, within twelve working days,
transmit to the inferior court, a copy of the judgment affirmin g,
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.
Decision as to 
costs by appellate court. 
Added by: 
XI.1900.70. 
Amended by: 
VIII.1909.47; 
XXIV .1995 .362;
III.2002 .100;
L.N. 407 of 
2007 .429. (1) Where, under the provisions of article 380, an order
as to costs is to be made, the superior court shall also state the party
by whom the costs, both of the first court and of appeal, are t o be
borne, and shall fix the fees due to the advocate for either pa rty in
the appeal in the manner provided in sub-article (2) of the sai d
article in a sum varying from fifty-eight cents (0.58) to one e uro and
forty cents (1.40) for every sitting. The payment of the said c osts
may be enforced before the inferior court in the same manner asprovided in article 381.
Frivolous 
appeals.(2) In all cases it shall be lawful for the superior court, if i t
considers the appeal to be frivolous, to sentence the appellantbesides to the payment of costs, where applicable, to the payme nt
of aa fine ( ammenda ) not exceeding two hundred and thirty-two euro
and ninety-four cents (232.94).
(3) In default of payment of the fine ( ammenda ) referred to in
sub-article (2), the provision contained in article 13(2) shall  apply.
(4) The fees payable in respect of appeals in cases of
proceedings where the prosecution lies with the injured party o r
with the persons mentioned in article 542, as provided in artic le
373, shall be taxed in accordance with the scales in Schedules A
and B annexed to this Code, and shall in all cases be levied by  the
Registrar of Courts.
Title III
OF THE ATTORNEY GENERAL
  
258              CAP. 9.]                       CRIMINAL CODE  
Duties of 
Attorney 
General. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.26, 40.430. (1) The Attorney General shall be the prosecutor before
the Criminal Court.
(2) The Attorney General shall indict in the name of the
Republic of Malta, and shall proceed ex officio  independently of
any complaint of the injured party, except in cases where,according to law, no prosecution may be instituted without thecomplaint 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 .101.431. (1) Unless otherwise provided in this Code or in any
other law, the functions of the Attorney General commence fromthe day on which he receives the record of the inquiry made by the
Court of Magistrates.
Access to 
accused.(2) From the day referred to in sub-article (1) and until the
indictment is filed, access to the person accused, if in custod y, may
only take place with the permission of the Attorney General. Th e
provisions of article 408(2) shall apply to such permission.
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.432. (1) The Attorney General shall be allowed the term of
one month for the filing of the indictment, to run from the day  of
the receipt of the record referred to in the last preceding art icle.
The said term shall, on the demand of the Attorney General, be
extended by the court to an additional period of fifteen days, and,
on the expiration of this other period, by the President of Mal ta to a
further additional period of fifteen days, and, where the matte r is
such that the determination of the true nature of the offencenecessarily depends upon the lapse of a longer period of time, to
such longer period:
Provided, however, that where such longer period extends
beyond forty days, the accused shall have the right to be relea sed
on bail.
Power of 
Attorney 
General to send back record of inquiry.(2) If the record of inquiry is found to be defective through th e
non-observance of any of the provisions of this Code or of anyother law relating to such inquiry, the Attorney General may se nd
back the record to the court from which it was received, togeth er
with a demand in writing that the court proceed afresh with theinquiry or that the record be rectified, according to circumsta nces,
pointing out the defect and the relative provisions of this Cod e or of
such other law.
Term for 
completing fresh inquiry or for rectifying record of inquiry.(3) The court shall, within the term of five working days to run
from the day on which the record was sent back as aforesaid,(which term may, upon a demand in writing by the court and on ajust cause being shown, be extended by the President of Malta t o a
further period of five working days), conclude the fresh inquir y or
rectify the record, and shall send the same to the Attorney Gen eral;
and in such case the term for filing the indictment shall comme nce
to run from the day on which the Attorney General shall havereceived the record of the fresh inquiry or the record as recti fied.
                         CRIMINAL CODE               [CAP. 9.            259
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 .4.433.*(1) If the Attorney General is of opinion that there are not
sufficient grounds for the filing of an indictment against theaccused, he may, within the terms prescribed in the last preced ing
article, by warrant under his signature, order the discharge of  the
accused, filing a declaration to that effect in the Criminal Co urt.
to withdraw 
indictment,(2) The Attorney General may also withdraw an indictment
already filed, by making in court a declaration to that effect.
to arrest person 
discharged by the Court of Magistrates.(3) Finally, the Attorney General may, within one month from
the day on which the record of inquiry shall have been transmit ted
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 provisions of sub-articles (3A) and (3B) shall apply to an
application made under this sub-article.
(3A)  The application shall be appointed for hearing and shall b e
served on the person discharged together with a notice of the d ate
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 pe rson
discharged it shall forthwith issue a warrant for the arrest of  that
person; and in such case the term for filing the indictment sha ll
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 arr est in
order to appear for the hearing of the application.
(4) In all cases referred to in the preceding sub-articles of th is
article, the Attorney General shall make a report to the Presid ent of
Malta stating the reasons for his action.
Power of 
Attorney 
General, in cases where he is of opinion that the offence is triable by the Court of Magistrates.(5) Nevertheless, if, on account of the absence of
circumstances constituting an offence within the jurisdiction o f the
Criminal Court, the Attorney General decides not to file anindictment against the accused, but is of opinion that from theinquiry there might result an o ffence within the jurisdiction o f the
Court of Magistrates, he shall not discharge the accused, but s hall
send back the record of inquiry to that court, and that court s hall
decide upon the charge of such offence, independently of all ot her
circumstances.
Power of court 
to hear further evidence.(6) Before convicting or acquitting the accused or before
giving any other direction within its jurisdiction as court ofcriminal judicature, the court shall have power, on the charge of
such offence, to hear further evidence whether against or on be half
of the accused.
*See transitory provision in article 5 of Act VI of 2007 as reg ards the amendments to
this article.
  
260              CAP. 9.]                       CRIMINAL CODE  
Liability to 
further proceedings on fresh evidence.  
Amended by: 
L.N. 46 of 1965; LVIII.1974.68; 
VIII.1990 .3.434. Every accused person, whose arrest has not been ordered
by the Attorney General under the provision of sub-article (3) of
the last preceding article, or who has been discharged for want  of
presentation of an indictment, shall always remain liable to fr esh
proceedings, to be regularly commenced before the Court ofMagistrates, whenever fresh evidence becomes available.
Definition of 
"fresh evidence".The expression "fresh evidence" means evidence which at the
time of the discharge of the accused, did not exist, or was notknown 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 .3.435. (1) It shall be lawful for the Attorney General to collect
and produce further evidence besides that resulting from theinquiry:
Provided that he may not include in the indictment any
charge for any offence, not founded on the said inquiry.
(2) Where as a result of such further evidence collected as
aforesaid, the Attorney General becomes aware of some otheroffence not included in the inquiry, he shall send back the who le
record to the Court of Magistrates, and such court shall contin ue
the inquiry and shall proceed in respect of such other offence.  In
any such case the terms for the conclusion of the inquiry, thetransmission of the record and the filing of the indictment sha ll
commence to run anew, the first term commencing from the day onwhich 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 of fence
or offences included in the inquiry, a new and separate inquiryshall, 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.
Special powers 
of investigation.
Added by:
III.2002 .102.435A.  (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 guilty of a relevant offence and th e
provisions of the said article 4 shall apply to any investigati on
order or attachment order applied for or issued by virtue of th is
sub-article as if it were an investigation order or attachment order
applied for or issued under the same article 4 of the Act and i n
particular, the provisions of sub-articles (12) and (13) of the  said
article 4 shall also apply to any investigation for a relevant offence
by virtue of this sub-article.
(2) The provisions of article 5 of the Act shall apply mutatis
mutandis where any person is charged with a relevant offence an d
the provisions of article 6 of the Act shall apply to any order  issued
by virtue of this sub-article as if it were an order issued und er the
said article 5.
(3) In this article the expressions "the Act" and "relevant
offence" shall have the meaning assigned to them respectively b y
article 23A(1).
                         CRIMINAL CODE               [CAP. 9.            261
Issuing of 
monitoring order of banking operations.
Added by:
XXXI.2007 .19.
Amended by:
VII.2010 .30;
XXIV .2014 .58;
VIII.2015 .30.435AA.  (1) Where the Attorney General has reasonable cause to
suspect that a person is guilty of a relevant offence (hereinaf ter
referred to as "the suspect") he may apply to the Criminal Cour t for
an order (hereinafter referred to as a "monitoring order") requ iring
a bank to monitor for a specified period the transactions or ba nking
operations being carried out through one or more accounts in th e
name of the suspect, or through one or more accounts suspected to
have been used in the commission of the offence or which couldprovide information about the offence or the circumstances ther eof,
whether before, during or after the commission of the offence,including any such accounts in the name of legal persons. The b ank
shall, on the demand of the Att orney General, communicate to th e
person or authority indicated by the Attorney General theinformation resulting from the monitoring.
(2) Where a monitoring order has been made or applied for,
whosoever, knowing or suspecting that the monitoring is takingplace or has been applied for, discloses that such monitoring i s
taking place or has been applied for or makes any other disclos ures
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 notexceeding twelve months, or to both such fine and imprisonment:
Provided that in proceedings for an offence under this sub-
article, it shall be a defence for the accused to prove that he  did not
know or suspect that the disclosure was likely to prejudice themonitoring operation.
(3) For the purposes of this article, "relevant offence" means a n
offence, not being one of an involuntary nature, consisting of any
act or omission which if committed in these islands, or incorresponding circumstances, would constitute an offence liable  to
the punishment of imprisonment or of detention for a term of mo re
than one year.
Temporary 
surrender of person in custody to foreign country.
Added by:
XXXI.2007 .19.435AB.  (1) Pursuant to and in accordance with any treaty,
convention, agreement or understanding to which Malta is a part y
or which is otherwise applicable to Malta, the Attorney Generalmay, with the concurrence of the Minister responsible for Justi ce,
give his consent to the temporary surrender of a person in cust ody
for the purpose of an investigation to be carried out or being carried
out by a judicial, prosecuting or administrative authority of a ny
place outside Malta at the request of a judicial, prosecuting o r
administering authority in Malta.
(2) The person surrendered shall be kept in custody in the place
outside Malta to which he has been surrendered.
(3) Any time spent in custody in the place outside Malta shall
be deemed to be time spent in custody in Malta.
  
262              CAP. 9.]                       CRIMINAL CODE  
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 p lace
outside Malta or by an international court for investigations t o take
place in Malta in respect of a person (hereinafter in this arti cle and
in article 435BA referred to as "the suspect") suspected by tha t
authority or court of a relevant offence, the Attorney General may
apply to the Criminal Court for an investigation order or anattachment 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 attachmentorder made by the court as a result of that application.
(2) The phrase "investigation order" in sub-articles (2) and (5)
of the same article 24A of the Ordinance shall be read andconstrued as including an investigation order made under theprovisions of this article.
(3) The phrase "attachment order" in article 24A(6A) of the
Ordinance shall be read and construed as including an attachmen t
order under the provisions of this article.
Issuing of 
monitoring order of banking operations.
Added by:
XXXI.2007 .21.
Amended by:
VII.2010 .31;
XXIV .2014 .59;
VIII.2015 .31.435BA.  (1) Where the request referred to in the preceding article
is made for the purpose of monitoring the transactions or banki ng
operations being carried out through one or more accounts of aperson suspected of a relevant offence within the meaning of ar ticle
435AA(3), or through one or more accounts suspected to have bee n
used in the commission of the offence or which could provideinformation about the offence or the circumstances thereof,whether before, during or after the commission of the offence,including any such accounts in the name of legal persons the
Attorney General may apply to the Criminal Court for a monitori ng
order and the provisions of article 435AA shall apply mutatis
mutandis .
(2) Where a person or authority has been indicated by the
Attorney General as provided under article 435AA, that person o r
authority shall transmit the information resulting from themonitoring operation to the Attorney General.
Temporary 
surrender of person in custody to Malta.
Added by:
XXXI.2007 .21.435BB.  (1) Pursuant to and in accordance with any treaty,
convention, agreement or understanding to which Malta is a part y
or which is otherwise applicable to Malta, the Attorney Generalmay, with the concurrence of the Minister responsible for Justi ce,
give his consent to the temporary surrender of a person in cust ody
in a foreign State for the purpose of investigations to be carr ied out
or being carried out in Malta at the request of a judicial,prosecuting or administrative authority of that State.
Cap. 101. (2) The provisions of article 30C of the Dangerous Drugs
Ordinance shall apply mutatis mutandis  to a person temporarily
surrendered to Malta under sub-article (1).
                         CRIMINAL CODE               [CAP. 9.            263
Temporary 
surrender to foreign country of person in custody in Malta at request of foreign authority.
Added by:
VII.2010 .32.435BC.  (1) Pursuant to and in accordance with any treaty,
convention, agreement or understanding to which Malta is a part y
or which is otherwise applicable to Malta, the Attorney Generalmay, with the concurrence of the Minister responsible for Justi ce,
give his consent to the temporary surrender of a person in cust ody
in Malta for the purpose of an investigation to be carried out or
being carried out by a judicial, prosecuting or administrativeauthority of any place outside Malta at the request of the saidauthority.
(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.
Freezing of 
property of person accused with offences cognizable by courts outside Malta.
Added by:
III.2002 .102.
Amended by:
XXXI.2007 .22.435C. (1) Where the Attorney General receives a request made
by a judicial, prosecuting or administrative authority of any p lace
outside Malta or by an international court for the temporary se izure
of all or any or the moneys or property, movable or immovable, of a
person (hereinafter in this article referred to as "the accused ")
charged or accused in proceedings before the courts of that pla ce or
before the international court of a relevant offence, the Attor ney
General may apply to the Criminal Court for an order (hereinaft er
in this title referred to as a "freezing order") having the sam e effect
as an order as is referred to in article 22A(1) of the Ordinanc e, and
the provision of the said article 22A shall, subject to the pro visions
of sub-article (2), apply mutatis mutandis  to that order.
(2) The provisions of article 24C(2) to (5) of the Ordinance
shall apply to an order made under this article as if it were a n 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 articl e.
Enforcement of 
confiscation orders made by courts outside Malta following conviction for offences cognizable by those courts.
Added by:
III.2002 .102.
Amended by:
III.2004 .76;
VIII.2015 .32.435D.  (1) A confiscation order made by a court outside Malta
providing or purporting to provide for the confiscation or forf eiture
of any property of or in the possession or under the control of  any
person described in the order shall be enforceable in Malta inaccordance with the provisions of article 24D(2) to (11) of theOrdinance.
(2) For the purposes of this article "confiscation order"
includes any judgement, decision, declaration, or other order m ade
by a court whether of criminal or civil jurisdiction providing or
purporting to provide for the confiscation or forfeiture of pro perty
as is described in sub-article (1).
(3) For the purposes of this article and of articles 435B and
435C:
"the Act" and "the Ordinances" shall have the same meaning
assigned to them respectively by article 23A(1); 
"relevant offence" means an offence consisting of any act or
omission which if committed in these Islands, or in correspondi ng
circumstances, would constitute an offence, other than a crime
  
264              CAP. 9.]                       CRIMINAL CODE  
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. 101.435E.  (1) Notwithstanding anything contained in any other law
it shall be lawful for the Attorney General to authorise theExecutive Police and, where appropriate, the Customs authoritie s
to allow a controlled delivery to take place with a view toidentifying persons involved in the commission of any criminaloffence under the laws of Malta or under the laws of anothercountry.
For the purposes of this sub-article a "controlled delivery"
shall mutatis mutandis have the same meaning assigned to it by
article 30B(2) of the 
Dangerous Drugs Ordinance sohowever that
the illicit or suspect consignment referred to in that sub-arti cle may
for the purposes of this sub-article consist of anything whatso ever
and that the consignment may be intercepted and allowed tocontinue with the original contents intact or removed or replac ed 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 o r
under the laws of another country, it shall also be lawful for the
Attorney General to authorise the Executive Police or a person
under the supervision or direction of the Executive Police, toacquire or procure an illicit or suspect consignment of anythin g
from any person or place.
(3) Pursuant to any arrangement, including any treaty,
convention, agreement or understanding, to which Malta is a par ty
or which is otherwise applicable to Malta, the Attorney Generalmay authorise the competent authorities of another country toconduct in Malta, jointly with or under the supervision or dire ction
of the Executive Police, investigations into criminal offences by
officers acting under covert or false identity, provided that t he
Attorney General is satisfied of the true identity and official
capacity of the officers in question and is fully informed of t he
nature of any documents which purport to guarantee, certify orauthenticate the false identity assumed by any such officers.Notwithstanding the provisions of any other law the making or u se
of such documents by the said competent authorities or by suchofficers for the purpose or in the course of such investigation s
authorised as aforesaid shall be deemed to be lawful and shall not
entail any liability, civil, criminal or otherwise, on the part  of such
authorities or officers.
(4) Any official from another country taking part in any of the
operations referred to in sub-articles (1) to (3), both inclusi ve,
shall, for the purpose of any criminal liability incurred under  this
Code or any other law by that official or by others for conductagainst that official, be deemed to be a public officer.
(5) The provisions of sub-article (4) shall apply mutatis
mutandis  to any official from another country taking part in any
operation in Malta of the kind referred to in sub-article (3) e ven if
none of the officers taking part in the operation is acting und er
                         CRIMINAL CODE               [CAP. 9.            265
covert or false identity.
Cap. 460.(6) For purposes of this article "competent authorities of
another country" and "official from another country" shall beconstrued as including officials of bodies set up pursuant to t he
Treaty on European Union as defined in article 2 of the 
European
Union Act.
(7) Where the Attorney General has authorised the setting up of
a joint investigation team as provided in sub-article (3), the foreign
officials participating in the said investigation shall be enti tled to
be present when investigative measures are being taken and, if so
authorised by the competent officer of the Executive Police, to  take
investigative measures.
Title IV
Amended by: 
XXVII.1975.40.OF THE CRIMINAL COURT
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 .4.436. (1) The Criminal Court shall consist of one of the judges
sitting with a jury for the trial of every offence which may beprosecuted according to law in Malta saving the provisions ofarticle 370.
Attributions of 
jury and of 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 collater al
issue referred to in Title VII of Part II of Book Second of thi s Code;
and the court shall decide on the application of the law to the  fact
as declared by the jury, as well as on all other points of law or of
fact relative to the proceedings.
Further powers 
of court.(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 itsdiscretion, deem necessary for the discovery of thetruth.
(4) The court shall also be competent to try and determine
offences which, although of an inferior jurisdiction, are broug ht
before the court either because they are connected with a grave r
offence preferred in the indictment or because they are committ ed
by the same person indicted for such graver offence.
(5) The court shall also be competent generally to try and
  
266              CAP. 9.]                       CRIMINAL CODE  
determine any offence of an inferior jurisdiction and to apply the
measures referred to in articles 377, 378, 383, 384 and 385 if,  upon
trial, the accused is convicted of any minor offence whetherpreferred or comprised or involved in the indictment, or if suc h
measures become necessary.
(6) Notwithstanding any other provision of this Code and
subject to the provisions of the following sub-articles of thisarticle, the accused may, not later than ten days after the dat e of
service of the notice referred to in article 438(6) or of the o rder
referred to in article 620(4), f ile a note in the registry of t he court
opting that a jury be not impanelled for the trial or for the d ecision
of any collateral issue under Title VII of Part II of Book Seco nd of
this Code, and an official copy of such note shall be served on  the
Attorney General:
Provided that this sub-article shall not apply for the trial of
the offence where the punishment demanded in the indictment is of
imprisonment for life.
(7) The provisions of sub-article (6) shall not apply to the
accused who has made the objection mentioned in article 370(3)( d).
(8) Where charges against two or more persons are joined in
the same indictment and not all the accused have filed the notereferred to in sub-article (6), the trial of the accused who ha s opted
that a jury be not impanelled for his trial shall take place af ter that
the trial of the cause of the other accused who has not filed s uch
note has become res judicata.
(9) Where the option is exercised as provided in sub-article (6)
the court shall consist of one of the judges sitting without a jury,
and the provisions of this Title  and of Sub-title I of Title II  and of
Title V of Part I of Book Second of this Code shall mutatis
mutandis  apply.
Access to 
accused. 
Amended by: 
V .1868.25; L.N. 46 of 1965; 
LVIII.1974.68; 
IX.1982 .2.437. (1) After the filing of the indictment, access to the
accused shall not be allowed, except with the permission of thecourt, or with the consent of the Attorney General.
(2) The court, before granting the permission applied for, shall
hear the Attorney General in the absence of the accused and wit h
closed doors. The court shall not grant permission unless it issatisfied that such access will not be prejudicial to the ends of
justice.
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 .103.438. (1) An official copy of the indictment and of the list
referred to in article 590(2) shall be served on the accused.
(2) The accused shall, by means of a note to be filed in the
registry of the court not later than fifteen working days from the
date of such service - 
(i) give notice of any pleas referred to in article 449
and any plea regarding the admissibility ofevidence which he intends to raise, and
(ii) indicate the witnesses and produce the
documents and other exhibits which he intends
                         CRIMINAL CODE               [CAP. 9.            267
to use at the trial,
and an official copy of such note shall be served on the Attorn ey
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 regar ding
the admissibility of evidence which he intends to raise.
(4) On the expiration of the time referred to in the preceding
sub-article, the court shall appoint a day for the hearing of a ll the
pleas and shall on that day direct the registrar to read out th e
indictment, and shall then proceed to determine such pleas befo re
the accused pleads to the general issue of guilty or not guilty :
Provided that the court may ex officio  or on the application
of the Attorney General or the accused request that the proofintended to be established by the witnesses, documents or exhib its
be stated.
(5) If no pleas have been raised as provided in sub-articles (2)
and (3), or after the determination of such pleas, the court sh all
appoint a day for the hearing of the trial.
(6) The accused shall be served with a notice of such date
allowing a term of at least twenty days to prepare his defence.  The
court may, on good cause being shown, and after hearing the
Attorney General, extend such term to any further period as it may
deem fit.
(7) If, on the day appointed for the hearing of the trial
according to sub-article (5), or on any other day thereafterappointed for the same purpose, the trial is adjourned to anoth er
day on account of the fact that the accused, without just cause , and
notwithstanding that he had been given notice according to law of
the day appointed, fails to appear, or on account of the fact t hat
although he appears, the trial cannot be heard for some causeattributable 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 o f 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.439. Causes shall be tried in rotation, according to the date of
the filing of the indictment:
Provided that it shall be lawful for the court, if it sees good
reason for so doing, to postpone the trial of a cause which is next in
rotation, and proceed to try another cause.
  
268              CAP. 9.]                       CRIMINAL CODE  
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 .3.440. (1) The record of the inquiry, documents and exhibits
filed in the registry of the court by the Attorney General or t he
accused shall be accessible to the Attorney General and to theaccused or his advocate or legal procurator.
Preservation of 
documents, etc., by registrar.(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.
Inadmissibility 
of witnesses, etc., without leave of court.(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.
When leave is 
granted.(4) Leave shall only be granted if the evidence is considered to
be relevant, and the Attorney General or the party accused shal l not
have been prejudiced by the omission from the said list or by t he
default of filing within the term specified in article 438.
Powers of court. (5) Nevertheless, if in the course of the trial, the necessity o r
utility shall arise of examining any witness or of having for a ctual
inspection any document or exhib it 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 wasnot 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 .104.441. (1) Witnesses shall be summoned by means of a subpoena
which shall be served on each witness not later than the daypreceding the trial:
Provided that in the case referred to in sub-article (5) of the
last preceding article, a witness may be summoned to appearforthwith or at a given time during the same day.
Service of 
subpoena.(2) A subpoena is served by the delivery of a copy thereof to
the witness, or if he cannot conveniently be met with, then byleaving such copy at his usual place of abode.
(3) If the place of abode of the witness is in the Island of Goz o
or of Comino, the Registrar of Courts may send, even by post, t he
copy of the subpoena to the officer in charge of the Court of
Magistrates (Gozo), for service on the witness; and the officer
effecting service, shall deliver a certificate of such service,  duly
sworn, to the officer in charge of the Court of Magistrates (Go zo),
who shall transmit it, even by post, to the Registrar of Courts .
Non-
appearance, etc., of witnesses.(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 fi ne
(ammenda ) and shall be liable to be compelled to appear to give
evidence by means of a warrant of escort or of arrest.
(5) If, on account of the non-appearance of a witness, the trial
is adjourned to another day, all the expenses incurred shall be
                         CRIMINAL CODE               [CAP. 9.            269
charged to the witness, and it shall be lawful for the court, a t the
request of the Attorney General or the accused, to compel suchwitness 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.
Power of court 
to discharge jury.(6) It shall be in the power of the court, if it is of opinion t hat
the evidence of the witness, who left before he had been dismis sed,
is important for the ends of justice, to discharge the jury andadjourn the trial to another day.
Allowances to 
witnesses on behalf of accused admitted to free legal aid. 
Amended by: 
XXI.1971.27.442. Where the defence of the accused has been conducted by
the Advocate for Legal Aid, the allowances due to the witnessesactually produced on behalf of the accused shall be paid by theGovernment at the same rates fixed for witnesses for theprosecution, provided the Advocate for Legal Aid shall affirm o n
oath that, in his opinion, the evidence of the said witnesses w as
relevant for the defence, and provided also that, in view of hi s
poverty, the accused has not the means of paying such allowance s.
Trial. Place of 
the accused in Court. 
Amended by: 
IV .1856.34; IV .1894.1, 2; XXX.1934.8; XV .1937.7.443. (1) On the day and at the time appointed for the hearing
of the cause or of any question incidental thereto, the accused  shall
be put, without any restraint, in the place appointed for the p urpose.
Summons to 
accused when not in custody.(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-appearanc e,
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 inorder to prevent his escape.
Misbehaviour of 
accused.(3) If the accused attempts acts of violence, all necessary
measures shall be taken to prevent such acts.
Place of 
witnesses during the trial. 
Amended by: 
V .1868.27; L.N. 46 of 1965;LVIII.1974.68;
III.2002 .105.444.  During the trial, the witnesses shall be kept in a separate
place where the discussion cannot be heard. Witnesses shall not  be
allowed to return to that place after their examination; but wh en it
will probably be necessary to re -examine them on some particula r
circumstance, they shall be kept apart from the other witnesses  not
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 g iving
professional or expert evidence, if the court itself deems itexpedient for the ends of justice that such witnesses should he ar the
depositions of other witnesses.
If accused 
appears without counsel.445.  If the accused appears without counsel, the court shall
inform him that he has the right to be assisted by counsel.
  
270              CAP. 9.]                       CRIMINAL CODE  
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 .106446. (1) Any objection to the judge shall be raised, and the
decision of the court shall be given thereon, before the readin g out
of the indictment, when the accused has been placed at the bar,  on
the day appointed for the hearing of the preliminary pleas, or,  if no
such pleas have been raised, on the day appointed for the trial .
Grounds of 
objection to or of abstention by judge. Cap. 12.(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 relate d to
him by consanguinity or affinity in any of the degrees referred  to in
paragraphs  (a) and (b) of the said article.
Form of 
declaration of abstention.(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 fromsitting, shall make a declaration of his abstention stating the  cause.
Declaration may 
be made in writing before day of hearing, (4) The said declaration may be made in writing previously to
the day appointed for the hearing of the cause, in which case n otice
thereof shall be given to the Attorney General and to the accus ed,
and the abstention shall be deemed to be by them accepted, if,within two days from the said notice, neither of them shall mak e a
declaration, by means of a note, to the effect that he intends to
oppose the same.
or orally on day 
of hearing.(5) The said declaration may also be made orally on the day of
the hearing, in which case any objection thereto shall be raise d
immediately after such declaration.
Issue to be 
decided before the reading out of indictment.(6) Upon any challenge, or objection to abstention, as aforesaid
the court shall decide the issue previously to the reading out of the
indictment.
No challenge or 
abstention may be allowed after the reading out of indictment.(7) After the reading out of the indictment, the judge may not
be challenged, nor may he abstain from sitting, except where th e
cause for objection or abstention becomes known after the readi ng
of the said indictment.
Power of judge 
notwithstanding challenge or abstention.(8) The judge, notwithstanding the existence in his respect of
any cause for objection, or notwithstanding his abstention, sha ll
nevertheless be competent, like the judge surrogated in his ste ad, to
issue and sign any summons or writ, and to give any decree or o rder
which may be required, previously to the reading out of theindictment, or after judgment is delivered.
                         CRIMINAL CODE               [CAP. 9.            271
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 .447. (1) Where the judge has been objected to, or has
abstained from sitting, another judge shall be surrogated by th e
President of Malta in his stead.
(2) If every one of the judges is, for any of the causes referre d
to in the last preceding article, precluded from sitting, it sh all be
lawful for the President of Malta to surrogate acting judges.
Oath of office by 
judge surrogate. Cap. 12.(3) An acting judge shall, on being surrogated, take the oaths
prescribed in article 10 of the Code of Organization and Civil
Procedure .
Grounds of 
challenge to apply to judge surrogate.(4) A judge surrogate may also be objected to for any of the
said causes.
Reading out of 
indictment to accused. Substituted by: 
LIII.1981 .5.448.  Where no pleas have been raised as provided in article
438, the court shall direct the registrar to read out the indic tment. 
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 .107.449.  (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 theimputability of the accused or in consequence of whichthe trial should not take place at the time, or at anyfuture 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 th e note
referred to in article 438(2) is to be filed in the registry of  the court.
(2) Deleted by 
III.2002 .107.
(3) Nevertheless, the pleas mentioned in sub-article (1), with
the exception of the plea of challenge of the judge or the plea  of
defect in the indictment, may be raised after the verdict of th e jury
and before judgment, if the necessity arises from any fact orcircumstance 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.
  
272              CAP. 9.]                       CRIMINAL CODE  
Want of 
jurisdiction and nullity of indictment may be raised by court ex officio.(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 case s:
(a) if the indictment does not contain, in substance, a
statement or description of the offence as stated ordescribed in the law;
(b) if the fact stated in the indictment does not constitute,
in substance, the offence stated or described in suchindictment.
(6) Where it is decided that the court has no jurisdiction or th at
the indictment is null, the accused shall be placed again in th e
condition in which he stood previously to the filing of theindictment. But where the plea of extinguishment of action or t he
plea of " autrefois  convict " or " autrefois acquit " is allowed, the
accused shall be acquitted.
Question to 
accused on general issue.450. When the preliminary pleas have been determined, or if no
such pleas have been raised, the accused shall be asked whether  he
is guilty of the offence charged in the indictment.
Rules respecting 
deaf-mutes, etc. 
Amended by: 
VIII.1857.15; XXX.1934.9.451. (1) If the accused is a deaf-mute and is able to write, the
contents of the indictment shall be explained, and the questionprescribed under the last preceding article shall be made to th e
accused in writing, and he shall answer in writing; and in this  case,
the explanation, the question and the answer thereto, shall bepublicly read out by the registrar and laid before the court an d the
jury, and then preserved in the records of the court.
(2) If the accused is a deaf-mute and is unable to write, the
court shall  ex officio appoint as interpreter some person familiar
with him, or some other person able to understand him.
(3) If the accused is dumb, but not deaf, the explanation and
question shall be made to him in the same manner as to any othe r
accused. If he is able to write, he shall answer in writing; bu t 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.
Appointment of 
interpreter. 
Amended by: 
V .1868.29; XVI.1932.5; L.N. 46 of 1965; LVIII.1974.68;
XXIII.2017 .16.452. (1) Save as otherwise expressly provided, an interpreter
shall not be chosen from among the jurors, counsel for the accu sed,
witnesses, referees, or other persons employed in the service o f the
court or of the Attorney General, with the exception of the off icial
interpreter. It shall, however, be lawful for any of the partie s to take
objection against the official interpreter or any other personappointed to act as interpreter, before the same enters upon hi s
duties, and any such objection shall be determined by the court .
(2) Nevertheless, it shall be lawful for the court to appoint an y
person employed in the service of the court to act as interpret er, if it
appears to its satisfaction that sufficient inquiries have been  made
                         CRIMINAL CODE               [CAP. 9.            273
and that no other person suitable to act as interpreter could b e
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 me ans
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
and place appointed by the court, or shall refuse to act asinterpreter, or shall leave the court before he is dismissed, m ay be
dealt with as a witness who fails to appear to give evidence, o r
who, having appeared, refuses to give evidence, or leaves the c ourt
before he is discharged.
(5) The provision contained in article 633(2) shall apply if the
interpreter is the spouse of the accused, or is related to the accused
by consanguinity in any of the degrees mentioned in that articl e, or
if other particular circumstances occur.
(6) The interpreter appointed by the court, if he is not a perso n
employed in the service of the Government, shall be entitled to  a
remuneration to be fixed by the court according to circumstance s.
Admission of 
guilt by accused. 
Amended by: 
VIII.1909.48.453. (1) If the accused, in answer to the question prescribed
under article 450, states that he is guilty of the offence, the  court
shall in the most solemn manner warn him of the legalconsequences of such statement, and shall allow him a short tim e to
retract it; but if the accused persists in his statement, suchstatement shall be recorded and the court shall proceed to pass  on
the accused such sentence as would according to law be passed o n
an accused convicted of the offence.
Duties of the 
court.(2) Nevertheless, if there is good reason to doubt whether the
offence has really taken place at all, or whether the accused i s
guilty of the offence, the court shall, notwithstanding theconfession of the accused, order the trial of the cause to beproceeded with as if the accused had not pleaded guilty.
Sentence at the 
request of the parties.
Added by:
III.2002 .108.
Amended by:
XIII.2002 .9.453A.  (1)  Before the accused pleads to the general issue as
provided in article 453, the accused and the Attorney General m ay
request the court, in the eventuality of a plea of guilty, to a pply a
sanction or measure or, where provided for by law, a combinatio n
of sanctions or measures, of the kind and quantity agreed betwe en
them and to which the accused can be sentenced upon convictionfor 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 insub-article (1) is one which it would have been lawful for it t o
impose upon conviction for the offence to which the accused haspleaded guilty and does not have cause to order the trial of th e
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 explai ning to
the accused in clear terms the consequences of his request, thecourt shall, upon a plea of guilty by the accused, proceed to p ass
the sentence indicated to it by the parties declaring in its ju dgement
  
274              CAP. 9.]                       CRIMINAL CODE  
that the sentence being awarded is being so awarded at the requ est
of the parties.
(3) Where the Attorney General and the accused agree that the
sentence to be imposed shall consist of a period of imprisonmen t
which is to be suspended in accordance with the provisions ofarticle 28A and the agreement is not rejected by the court asprovided in sub-article (2) such agreement shall not in any wayaffect the court’s power to make an order under article 28G or 28H
or both.
Cap. 446.(4) Where the Attorney General and the accused agree that a
measure provided for under the Probation Act is to be applied and
the agreement is not rejected by the court as provided in sub-a rticle
(2) such agreement shall not in any way affect the court’s powe r to
make an order under article 11 of the said Act.
Cap. 446.(5) A sentence imposed at the request of the parties as provided
in this article shall not affect any matter referred to in arti cle
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 .2.454. (1) If the accused pleads not guilty, such plea shall be
recorded.
Where 
proceedings are to be conducted in the English language. Cap. 189.(2) Where, under the provisions of the Judicial Proceedings
(Use of English Language) Act, the proceedings are to beconducted in the English language, the court shall, if no pleas  have
been raised as provided in article 438, or after the determinat ion of
such pleas, appoint the day on which the cause shall be tried b efore
a special jury impanelled from the persons included in the list  of
special jurors for the trial of English-speaking persons as pro vided
in article 605.
Impanelling of 
jury.(3) On the day fixed for the trial the court shall impanel the
jury and shall then proceed with the trial.
Accused making 
answer other than "guilty" or standing mute.(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 n ot
guilty.
Accused not to 
be questioned on facts with which he is charged.(5) It shall not be lawful for the court, the Attorney General o r
the jury, during the trial, to put any other question to the ac cused
with regard to the facts with which he is charged.
Reading out of 
indictment to jury. Amended 
by: V .1868.30.455. (1) As soon as the jury have been sworn, the registrar
shall read out the indictment, of which a copy shall be given t o the
jury; and he shall also read out to the jury whatever shall hav e been
                         CRIMINAL CODE               [CAP. 9.            275
recorded with reference to the question prescribed under articl e
450.
Trial of two or 
more causes on the same day.(2) Where the court deems it expedient that two or more causes
be successively tried on the same day by the same jury, the jur y
shall be sworn in the presence of all the accused whose trial i s to
take place as aforesaid, previously to the commencement of thetrial which is to take place first.
Address by the 
prosecution. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.456.  The Attorney General shall then address the jury on the
facts constituting the offence preferred in the indictment; he shall
state the evidence which he proposes to produce in support of t hose
facts; and after making such submissions as he may think necess ary
in order to make the case clear, he shall conclude by demanding  a
declaration of guilt against the accused.
Production of 
evidence for the prosecution. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.457.  After making the address referred to in the last preceding
article, the Attorney General shall call his witnesses examinin g
them  viva voce, and shall produce any other evidence he may have
to offer.
Defence of 
accused.
Amended by:
IX.1859.25.458. (1) When the case for the prosecution is concluded, the
accused shall be asked what he has to state in his defence. He shall
have the right to make his defence, either personally or by anadvocate, and to call and examine his witnesses in the mannerprovided in the last preceding article, and to produce any othe r
evidence he may have to offer.
Where accused 
is assisted by more than one advocate.(2) If the accused is assisted by more than one advocate, such
advocates may divide the duties between them in such a mannerthat one will make the defence and the other will make therejoinder, when this is allowed,  or, that one will make the def ence
and rejoinder and the other will examine the witnesses; but nei ther
of them may address the court or the jury after the defence orrejoinder has been made by the other; and the provisions of thi s
sub-article shall apply to every other stage of the proceedings  in
which the accused is assisted by more than one advocate.
Accused may 
make his own defence.(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 defe nce
was made by his advocate.
Applicability of 
article 458.458A.  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.
Order of 
examination of witnesses.459. The order to be followed in the examination of witnesses
shall be as hereunder:
The party calling the witness proceeds to examine him; then
the opposite party may, if he so desires, cross-examine him; an y
juror may then put any question which he may deem necessary; an d
the court, besides the questions which it may deem proper to pu t in
the course of the examination or cross-examination, may finally  put
any other question which it shall deem necessary.
  
276              CAP. 9.]                       CRIMINAL CODE  
Where accused 
takes stand to testify.
Added by:
III.2002 .110.
Amended by:
XIII.2002 .10.459A. (1) The accused who takes the stand to testify shall not be
asked, and if asked shall not be required to answer, any questi on
tending to show that he has committed or been convicted of or b een
charged with any offence other than the one with which he isaccused, or is of bad character, unless -
(a) the proof that he has committed or been convicted of
such other offence is admissible evidence to show thathe 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 toestablish his own good character, or has givenevidence of his good character, or the nature orconduct of the defence is such as to involveimputations on the character of the prosecutor or thewitnesses for the prosecution, or the deceased victimof the alleged crime; or
(c) he has given evidence which involves in the
commission of the offence with which he is beingaccused, any other person accused in the sameproceedings.
(2) In any of the circumstances mentioned in paragraphs ( a) to
(c) above any record showing any previous convictions of the
person charged or accused may be produced in evidence.
Further 
questions after cross-examination only to be made through court.460.  After the cross-examination of the witness, it shall not be
lawful for the parties to put any question directly to the witn ess.
They may, however, submit to the court any further question the y
may desire to put to the witness, and any such question, ifconsidered by the court to be material to the case, shall be pu t to the
witness by the court itself.
Rules as to the 
admissibility of evidence. 
Amended by:
IX.1857.6; L.N. 46 of 1965; LVIII.1974.68.461. (1) If the Attorney General or the accused desires to
prove facts upon the existence or non-existence of which depend s
the admissibility of evidence for the production of which thepermission of the court has been obtained under the provisions of
article 440, he may adduce evidence of such facts at the stage of the
trial at which such permission has been obtained.
(2) The same shall apply with regard to evidence as to the
existence of the circumstances required under article 646 for t he
admissibility of any of the depositions therein referred to, wh en the
request for the production of any such deposition is made durin g
the trial.
Brief notes of 
depositions to be taken by court. 
Amended by: 
IX.1857.7.462.  Notes of the evidence of the witnesses shall be taken down
in brief by the court.
                         CRIMINAL CODE               [CAP. 9.            277
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.*
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 whene ver
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 i n the
proceedings upon the payment of such charges as may be fixed bytariff.
(2) The Attorney General may also, if he thinks fit, in any case ,
direct a transcript of the shorthand notes to be made and furni shed
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 co urt or
by the Attorney General, shall be defrayed, in accordance withscales of payment to be fixed from time to time, out of moneyprovided by the Government. Rules may be made by the Boardappointed under article 516(3), for securing the accuracy of th e
notes to be taken and for the verification of the transcript.
Reply and 
rejoinder. 
Amended by:
L.N. 46 of 1965; LVIII.1974.68.464. After the close of the defence, the Attorney General shall
be allowed to reply, if he so desires; but, in such case, the a ccused
shall have the right to a rejoinder:
Provided that no fresh evidence may be produced, without
the special permission of the court, either in the reply or in the
rejoinder.
Summing-up 
by judge. 
Amended by: 
IX.1857.8; IX.1859.26; V .1868.31; XXV .1967.11.465. After the conclusion of the case for the prosecution and for
the defence, the judge shall address the jury, explaining to th em the
nature and the ingredients of the offence preferred in theindictment, as well as any other point of law which in the part icular
case may be connected with the functions of the jury, summing u p,
in such manner as he may think necessary, the evidence of thewitnesses and other concurrent evidence, acquainting them with the
powers which the jury may exercise in the particular case, andmaking all such other remarks as may tend to direct and instruc t the
jury for the proper discharge of their duties.
Deliberation by 
the jury.466.  On the conclusion of the address by the court, the jury
shall consider their verdict.
Functions of the 
jury and rules connected therewith. 
Amended by:
IV .1856.38;
III.2002 .111.467. (1) The jury shall in their deliberations consider, in the
first place, whether the accused is guilty of the offence charg ed
against him in the indictment, with all the aggravatingcircumstances, if any, therein specified; and, if the jury shal l be of
opinion that such guilt is proved, they shall, in the manner pr ovided
in articles 468 and 469, find the accused " guilty ".
(2) Where there is no proof that the accused, or any one of the
accused, was the principal or one of the principals in the offe nce
charged in the indictment, but there is proof that he was anaccomplice or of being guilty of conspiracy to commit that offe nce,
*Article 463 has not yet come into force. Vide article 13(2) of  Ordinance No.VI of
1947.
  
278              CAP. 9.]                       CRIMINAL CODE  
it shall be lawful for the jury to find him guilty of complicit y in, or
of conspiracy to commit, such offence; conversely, where a pers on
is accused, in the indictment, of being an accomplice in an off ence
it shall be lawful for the jury to find him guilty of conspirac y to
commit that offence or of being the principal, or one of theprincipals, in that offence and if he is accused of conspiracy to
commit an offence he may be found guilty of being an accomplicein that offence or of being a principal, or one of the principa ls, 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 ofbeing a principal, or one of the principals, in the offence,completed or attempted, the punishment shall not be more severethan 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 b y
one or more of them, but there is no proof as to which one of t hem
or which of them committed the offence, it shall be lawful for the
jury to find all the accused guilty as accomplices in the offen ce, if
it is proved that all of them took in the offence a part suffic ient 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 t hat either
the same offence but of a less aggravated character, or a lesse r
offence, or an attempted offence only has been committed,provided the same be included or involved in any part of theindictment, the jury may either exclude the aggravatingcircumstances or add those circum stances which make the offence
of a less aggravated character, or find the accused guilty of s uch
lesser offence or of an attempted offence, or of the factsconstituting such lesser offence or attempted offence, as the c ase
may be. The jury may enter their verdict by saying " guilty, but
without the circumstance or circumstances of . . . . . . . . . . ,"
specifying the circumstance or circumstances which they want toexclude; or, " guilty, but with the circumstance or circumstances of  .
. . . . . . . . . . ," specifying the circumstance or circumsta nces which
make the offence of a less aggravated character; or, " guilty, but
only of  . . . . . . . . . . ," specifying the offence or the attempted
offence (or the facts constituting such offence or attemptedoffence) of which the jury may find the accused guilty as afore said.
(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.468.  For every verdict of the jury, whether in favour of, or
against the accused, there shall  be necessary the concurrence o f at
least six votes.
Duties of 
foreman of jury.469.  The foreman of the jury shall collect the votes of the other
jurors in respect of each verdict, noting down against the name  of
each juror respectively the vote given by such juror, and shallfinally add his own vote; and after counting the votes, andascertaining the concurrence of at least six votes, he shall wr ite
                         CRIMINAL CODE               [CAP. 9.            279
down the verdict to be returned, which he shall lay before the other
jurors.
Explanations 
required by jury from court.470. (1) The jury may apply to the court for any elucidation or
explanation they may require for the discharge of their duties.  And
every such elucidation or explanation shall be given in open co urt.
Place for 
deliberating.(2) The jury may, for the purpose of considering their verdict,
withdraw to the place appointed for that purpose.
Means of 
communication between jury and court.(3) When the jury shall have retired to deliberate, the registra r
shall be the means of communication between the jury and thecourt.
Jurors not to 
absent themselves or communicate with unauthorized persons. 
Amended by: 
XXVII.1975.27.471. (1) A juror once impanelled must not, until the recording
of the verdict of the jury, absent himself or communicate with any
one except with the court, the other jurors, or the officer aut horized
to communicate with the jurors, save, in some special case, wit h
leave of the court.
(2) When a trial does not come to an end on the same day in
which the names of the persons to serve as jurors have been dra wn,
the court may, unless it deems it prejudicial in the interests of
justice, allow the jurors to return to their respective home oncondition that they present themselves in court on the day and time
to which the trial has been adjourned, and on such other condit ions
that the judge may deem fit to impose in the interests of justi ce.
No food or drink 
to be given to jurors after they retire for deliberation and until their 
verdict is 
recorded, without leave of court.472. After the jury shall have retired for their deliberation and
until their verdict is recorded, they shall not be allowed to h ave
food or drink without leave of the court.
Jury to inform 
court as soon as they are ready to return verdict.473.  As soon as the jury are ready to return their verdict, they
shall cause the court to be informed, in order that it may hear  the
delivery thereof in open court.
Reading out of 
verdict by the jury.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 th e jury,
and such verdict shall be given to the registrar to be by him
recorded.
Additional 
declaration by jury relative to facts amounting to an excuse.475. If, after the accused has been in any form found guilty, the
court is of opinion that, upon the submissions made by the defe nce
or as a result of the facts proved at the trial, there should b e a
further declaration on the part of the jury as to whether some fact,
which the law expressly specifies as an excuse and of which nomention was made in the indictment, has or has not been proved in
the case, the court shall refer the question for the determinat ion of
the jury who shall answer affirmatively or negatively, as they shall
adjudge:
Provided that nothing in this article shall prevent the jury,
  
280              CAP. 9.]                       CRIMINAL CODE  
when finding the accused guilty in any form as provided in arti cle
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 spec ifies
as an excuse, has been proved; in which case, the jury shall fi nd the
accused guilty, and also that the facts constituting the excusespecified in the law have been proved.
Verdict by jury 
in case of infanticide.  
Amended by:
VI.1947.14;
III.2002 .112.476.  (1) If a woman tried for the murder of her child or for
infanticide is acquitted thereof, it shall be lawful for the ju ry, by
whose verdict such woman is acquitted, to find, in case it shal l so
satisfactorily appear in evidence, that such woman had given bi rth
to a child and that, by secretly burying or otherwise disposing  of
the dead body of such child, she endeavoured to conceal the bir th
thereof.
Verdict in the 
case of theft, misappropriation or receiving stolen property.(2) If a person tried for the theft, whether simple or aggravate d,
of any object is found not guilty of that charge, it shall be l awful
for the jury to find him guilty of misappropriation of that obj ect or
of the offence contemplated in article 334 with regard to thatobject, if there is proof to that effect; and, conversely, a pe rson
tried for misappropriation or for the offence contemplated in a rticle
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.477.  It shall be in the power of the court to require the jury to
consider any question upon which they are empowered to enter averdict according to the provisions of article 467, and also toconsider whether any material circumstance which will serve tocomplete or explain the first verdict, has or has not been prov ed.
Riders on 
supplementary questions.478.  Any other question which the court may deem necessary to
put to the jury in consequence of their first verdict, shall be  made,
and the relative answer received, in the manner provided in art icle
474.
Verdict not to be 
recorded before it is complete.479. In all cases where a further deliberation by the jury is
required in order to render their verdict complete, the court s hall
order that the verdict be not recorded until it is complete.
Questions to 
jury. Amended 
by: IV .1856.39; IX.1857.9; L.N. 46 of 1965; XXV .1967.12; LVIII.1974.68.480. (1) It shall be lawful for the court, in order to assist the
jury in the discharge of their functions, to give to the jury, through
the registrar, one or more written questions, which shall be by  the
registrar signed and read out in open court, respecting the mat ters
upon which, in the various cases referred to in articles 467, 4 75,
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 off ence
as stated in the indictment, have found the accused not guilty of
such offence or have found him guilty but not in terms of theindictment.
                         CRIMINAL CODE               [CAP. 9.            281
Power of jury to 
refer to court the decision on points of law.(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 the accused is guilty of the offence stated in theindictment, or of any other offence as provided in article 467,  or
whether the facts adduced in the defence constitute an excuseaccording to law, it shall be in the power of the jury, if they  so
desire, instead of finding the accused guilty or not guilty, or  that an
excuse has or has not been proved, to find only, upon writtenquestions given to them by the court for the purpose, that the facts
or some of the facts adduced either against or in favour of theaccused have or have not been proved, and to leave to the court  to
determine whether the facts found by the jury constitute the of fence
stated in the indictment or any other offence under the provisi ons
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.
Separate verdict 
in respect of each offence and of each accused.481.  If more offences are charged in the same indictment or if
the accused on trial are more than one, the jury shall give a s eparate
verdict in respect of each offence and of each accused.
Number of votes 
to be stated in every verdict.482.  Every verdict of the jury shall state the number of votes
which concurred in such verdict.
Further 
deliberation in default of legal number of votes.483.  Where, on the reading out in court of any verdict, the
absence of the concurrence of at  least six votes in support of such
verdict is made to appear to the court by a number of jurorssufficient to show such defect, the court shall require the jur y to
retire for further deliberation under the direction of the fore man of
the jury or of any other juror whom the court shall appoint for  that
purpose in order that a true verdict may be returned; and no ve rdict
shall be recorded so long as there is not the number of votesrequired by law for a true verdict.
Recommendatio
n of accused to mercy of court. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.484.  Any juror may recommend to the mercy of the court the
accused person found guilty, stating the reason for so doing; a nd
the court may take into consideration any such recommendation,either in applying the law, or by communicating the same to thePresident of Malta in a report made for the purpose, or in any of the
reports referred to in articles 493 and 494.
Trial to go on 
without interruption. 
Amended by: 
XXX.1934.11; III.1976.4.485.  Once the jury has been impanelled, the trial of the cause
shall be continued without interruption up to the recording of the
verdict of the jury inclusively; and it shall not be adjourned,  except
for such intervals as the court may think necessary for the res t of
the court itself, of the jurors, witnesses, or parties accused,  or if a
Saturday, a Sunday or other public holiday intervenes:
Provided that the court may, if it deems it expedient so to
do, continue the trial of the cause on any Saturday, Sunday or other
public holiday.
  
282              CAP. 9.]                       CRIMINAL CODE  
Death or other 
impediment of juror. 
Amended by: 
X.1896.1.486.  If, before the verdict of the jury is returned, a juror dies, or
becomes unable to discharge his duties, the court, where nosupplementary jurors as provided in article 610(2) have beenappointed, shall proceed to the appointment of a new juror, if this
can conveniently be done on the same day; otherwise it shalladjourn the cause to another day to be tried by a new jury; and  in
either case all proceedings wh ich may have taken place before t he
jury up to that time shall take place anew.
Acquittal and 
discharge of accused if declared not guilty. 
Amended by: 
XI.1900.77.487.  If the jury find the accused not guilty in terms of article
467(5), the court shall acquit hi m, and shall order that he be set at
liberty, unless he is in custody for some other reason.
Insanity and 
want of discretion as grounds for acquittal to be stated in verdict.  
Amended by: 
XI.1900.78; I.1903.28,29.488. (1) If the accused is found not guilty on the ground of his
insanity at the time of the offence, or if the accused, being u nder
fourteen years of age or a deaf-mute, is found not guilty on th e
ground of want of discretion, such ground shall be stated in th e
verdict of the jury.
(2) If such ground is not stated in the verdict, the court shall
put to the jurors a specific question on that point, and the ju rors
shall answer affirmatively or negatively as they shall haveadjudged.
(3) If the majority of the jurors shall answer affirmatively, th e
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.1974.68.489.  Where the law by reason of any previous conviction
prescribes an increase of punishment for a subsequent offence, the
trial shall proceed as if the previous conviction and sentence of the
accused had not been alleged in the indictment; and the allegat ion
of any such previous conviction and sentence shall not besubmitted to the jury until after and if the jury shall have de clared
the accused guilty of such subsequent offence:
Exception. Provided, however, that, if upon the trial in respect of such
subsequent offence or relapse, evidence is adduced as to the go od
character of the accused, it shall be lawful for the AttorneyGeneral, in answer thereto, to read out the indictment and to p rove
the conviction of, and sentence passed on, the accused for theprevious offence, even before the jury shall have found the acc used
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 .113.490. (1) The fact of the guilt of the accused having been
established, the court shall ask him if he has to say anything in
regard to the applicability of the punishment demanded by the
Attorney General. If no opposition is made, the court, if it is
satisfied that the punishment demanded is that prescribed by la w,
shall pronounce sentence; but, i n case of opposition, or of a d oubt
expressed by the court itself, the court shall hear the Attorne y
General, and, in answer, the accused or his advocate. After theanswer, the Attorney General may reply, and after the reply, th e
accused or his advocate may put in a rejoinder.
                         CRIMINAL CODE               [CAP. 9.            283
Issue to be 
determined by court.(2)  After the submissions of the Attorney General and of the
accused or his advocate, the court shall decide whether thepunishment demanded is that which ought to be applied accordingto law and, if it decides that it is not, it shall determine th e
punishment applicable to the case, stating the reasons for itsdecision.
Submissions by 
injured party on sentence.(3) An injured party may, by application, request the Criminal
Court to be allowed, personally or through legal counsel, to ma ke
submissions on the appropriate sentence to be passed on theaccused and if the court allows the application the injured par ty or
his legal counsel shall be given the opportunity to make suchsubmissions at the stage referred to in sub-article (1) and bef ore the
court asks the accused if he has to say anything in regard to t he
applicability of the punishment demanded by the Attorney Genera l: 
Provided that the failure, for any reason, of the injured
party to make submissions on sentence as aforesaid shall notpreclude the court from proceeding with any hearing or frompronouncing judgment as provided in article 491.
Judgment. 
Amended by: 
IX.1857.12. Substituted by: XXV .1967.15. 491.  The court shall pronounce judgment as soon as possible. 
Court may 
award a lesser punishment when jury are not unanimous. Substituted by: XXI.1971.28. 
Amended by: 
XLIX.1981 .4;
III.2002 .114;
LII.2020. 6.492.  (1) Where at any time before the constitution of the jury
the accused declares himself guilty and for the fact admitted b y the
accused there is established the punishment of imprisonment forlife, the court may, instead of the said punishment, impose thepunishment of imprisonment for a term from twelve to forty year s.
(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 o f the
punishment of imprisonment for life if, in establishing a factinvolving the latter punishment, the jury shall not have beenunanimous.
Court’s 
recommendation on passing sentence of imprisonment for life. 
Added by: 
XXI.1971.29. 
Amended by: 
XLIX.1981 .4.493.  After sentencing any person to imprisonment for life, the
court may recommend in writing to the Prime Minister withintwenty-four hours the minimum period which in its view shouldelapse before the prisoner is released from prison. Suchrecommendation shall be made available to the person sentenced,and a copy thereof shall be kept by the registrar.
Recommendatio
n by judge for pardon or mitigation of punishment. 
Amended by: 
IX.1857.I4; L.N. 46 of 1965; LVIII.1974.68. 494.  It shall be lawful for any judge, who sat in a trial, to
recommend to the President of Malta, for pardon or mitigation o f
punishment any person sentenced by making for this purpose areport in writing stating the reason for such recommendation.
  
284              CAP. 9.]                       CRIMINAL CODE  
Death or illness 
of 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 .115.495. (1) If, during the trial, or after the jury have returned a
verdict of guilty, the sitting judge dies or becomes ill, anoth er judge
shall be surrogated as provided by law, and all proceedings whi ch
shall have taken place subsequently to the recording of the ans wer
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 that to which the offencepreviously 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 die s, or becomes ill, before he has
discharged the duties set out in articles 456, 457 and 464, or if the
advocate for the accused dies or becomes ill, or if the accusedhimself 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.12.496. The functions of the registrar in the Criminal Court may be
performed by any of the court execu tive officers referred to in  article
57(3) of the Code of Or ganization and Civil Procedure .
Added by: 
XXV .1967.18. 
Amended by: 
XXVII.1975.40.Title V
THE COURT OF CRIMINAL APPEAL
Interpretation. 
Added by: 
XXV .1967.18.497.  In this Title, unless the context otherwise requires, -
the expression "appellant" includes a person who has been
convicted and desires to appeal under this Title; and 
 the expression "sentence" include s any order of the court made
on conviction with reference to the person convicted and the po wer
of the Court of Criminal Appeal to pass a sentence includes apower 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 .3.498. (1) There shall be a Court of Criminal Appeal which shall
have jurisdiction to hear and determine appeals under this Titl e and
appeals from judgments of the Court of Magistrates as well as t o
deal with other proceedings under this Title.
(2) Saving the provision of article 418 in regard to the
constitution of the said court for the hearing of appeals fromjudgments of the Court of Magistrates, the Court of Criminal
Appeal shall consist of the Chief Justice, who shall be the Pre sident
of the Court and two other of the judges appointed by the Presi dent
of Malta:
                         CRIMINAL CODE               [CAP. 9.            285
Provided that, in the case of absence or lawful impediment
of any of the members of the court, the President of Malta shal l
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 majori ty
of the members of the court hearing the case and one judgmentshall 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 dete rmine,
in accordance with this Title, any questions necessary to bedetermined 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.
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;
I.2018 .22.499. (1) An appeal shall lie to the Court of Criminal Appeal at
the instance of the Attorney General or of the accused from anydecision given, after the reading out of the indictment and bef ore
the accused pleads to the general issue of guilty or not guilty , on
any of the pleas referred to in article 449(1)( a), (b), (c), (d) and ( g)
and from any decision regarding the admissibility of evidence.
(2) An appeal shall also lie at the instance of the accused from
any decision given, on an application of the Attorney General,under article 402(5) or from any decision given, after the read ing
out of the indictment and before the accused pleads to the gene ral
issue of guilty or not guilty, on any of the pleas referred to in article
449(1)( e) and ( f).
(3) Where the Attorney General or, as the case may be, the
accused desires to enter an appeal under sub-article (1) or (2)  he
must give notice of appeal by means of a note immediately after  the
decision of the court is pronounced and thereupon the court, if  the
case so requires, shall stay further proceedings until the expi ration
of the time allowed as hereinafter provided for the appeal or, if an
appeal is entered, until the determination thereof by the Court  of
Criminal Appeal.
(4) An appeal under sub-article (1) or (2) shall be made by
application filed in the Court of Criminal Appeal within fiveworking 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 a ppealed
from and make such order for the discharge of the accused or th e
further prosecution of the proceedings or make such other order s
including orders for the re-arre st or custody of the person acc used
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 maymake under the next following article.
  
286              CAP. 9.]                       CRIMINAL CODE  
Appeals against 
conviction or sentence. 
Added by: 
XXV .1967.18.
Amended by:
III.2002 .116;
IV.2014 .23;
VIII.2015 .33;
XXXII.2018 .7.500. (1) A person convicted on indictment may appeal to the
Court of Criminal Appeal against his conviction in all cases oragainst the sentence passed on his conviction unless the senten ce is
one fixed by law.
(2) The Attorney General may appeal to the Court of Criminal
Appeal against an acquittal or a wrong finding of guilt on the bill of
indictment or part thereof or against the sentence passed unles s the
sentence is one fixed by law.
Appeal by the 
Attorney 
General.Cap. 446.(3) Notwithstanding the provisions of article 28I(2) and of the
Probation Act, if it appears to him that the sentence was unduly
lenient the Attorney General may also appeal from any judgmentconvicting a person for an offence liable to imprisonment for a  term
exceeding two years if the sentence has applied the provisions of
article 21 or of articles 28A to 28H or the provisions of theProbation Act.
(4) The Court of Criminal Appeal shall allow an appeal by the
Attorney General if it considers that there has been a grave
irregularity during the proceedings, or that the judgement is c learly
the result of a manifest misinterpretation or of a manifestly w rong
application of the law, which could have had a bearing on theverdict:
Provided that the Court may, notwithstanding that it is of
opinion that the point raised in the appeal under this sub-arti cle
might be decided in favour of the Attorney General, dismiss theappeal if it considers that no miscarriage of justice has actua lly
occurred.
(5) The Court of Criminal Appeal shall, upon an appeal made
in terms of sub-articles (2) or (4) affirm, vary or reverse the  verdict
from which an appeal has been filed, or, if it considers that asentence of greater severity should have been passed, quash thesentence passed at the trial and pass such sentence of greaterseverity warranted in the law in substitution thereof as it con siders
ought to have been passed, and in any other case shall dismiss the
appeal:
Provided that if the court considers that it would be more just  in
the circumstances to do so, the court shall quash the sentence and send
the case for retrial before the Criminal Court.
Submissions by 
injured party to Court of Criminal Appeal on sentence.
Added by:
III.2002 .117.500A. On any appeal against sentence an injured party may, by
application, request the Court of Criminal Appeal to be allowed ,
personally or through legal counsel, to make submissions on theappropriate sentence to be passed on the accused and if the cou rt
allows the application the injured party or his legal counsel s hall be
given the opportunity to make such submissions after the court has
heard the appellant’s submissions in support of the appeal; theperson convicted and the Attorney General shall be given theopportunity to respond to the submissions by the injured party or
his legal counsel:
Provided that the failure, for any reason, of the injured
party or his legal counsel to make submissions on sentence as
                         CRIMINAL CODE               [CAP. 9.            287
aforesaid on the appointed day shall not preclude the court fro m
proceeding with any hearing or from pronouncing judgement.
References by 
the Attorney General.
Added by:
III.2002 .117.500B.  (1) Where a person tried on indictment has been acquitted
(whether in respect of the whole or part of the indictment) the
Attorney General may, if he desires the opinion of the Court of
Criminal Appeal on a point of law which has arisen in the case and
within the time laid down in article 504, refer that point to t he
court, and the court shall, in accordance with this article, co nsider
the point and give their opinion on it.
(2) For the purpose of their consideration of a point referred t o
them under this article the Court of Criminal Appeal shall hearargument -
(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 tha t trial.
(4) The Board referred to under article 516(3) may make rules
to regulate the form and contents of the reference by the Attor ney
General under this article and to provide for all other mattersconnected therewith or ancillary thereto.
Determination 
of appeals in ordinary cases. 
Added by: 
XXV .1967.18.
Amended by:
XXVII.1975.29;
III.2002 .118;
XXXII.2018 .8.501. (1) On any appeal against conviction by the person
convicted, the Court of Criminal Appeal shall allow the appeal - 
(a) if it thinks that the appellant has been wrongly
convicted on the facts of the case; or
(b) if it thinks that there has been an irregularity during
the proceedings, or a wrong interpretation orapplication of the law, which could have had a bearingon the verdict:
Provided that the court may, notwithstanding that it is of
opinion that the point raised in the appeal under paragraph ( b)
might be decided in favour of the appellant, dismiss the appeal  if it
considers that no miscarriage of justice has actually occurred.
(2) Subject to the provisions of the next following article and
of article 508(1), the Court of Criminal Appeal shall, if it al lows an
appeal against conviction, quash the conviction and direct ajudgment 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 s entence
should have been passed, quash the sentence passed at the trial , and
pass such other sentence warranted in law by the verdict (not b eing
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.
  
288              CAP. 9.]                       CRIMINAL CODE  
Powers of Court 
of Criminal 
Appeal in 
special cases. 
Added by: 
XXV .1967.18. 
Amended by: 
XXVII.1975.30.
XXXII.2018 .9.502. (1) If it appears to the Court of Criminal Appeal that an
accused, though acquitted or not properly convicted on some cou nt or
part of the indictment, has been properly convicted on some oth er
count or part of the indictment, the court may either affirm th e
sentence passed on the accused at the trial or pass such senten ce in
substitution therefor as it thinks proper and as may be warrant ed in
law by the verdict on the count or part of the indictment on wh ich
the court considers that the accused  has been properly convicted:
Provided that where the appeal is filed by the person convicted
such other sentence shall not be of greater severity than the sentence
passed at the trial taken as a whole, whether or not the lastmentioned sentence was expressed to be passed on that part of t he
indictment.
(2) Where an accused has been convicted of an offence and the
jury could on the indictment have found him guilty of some othe r
offence, and on the finding of the jury it appears to the Court  of
Criminal Appeal that the jury must have been satisfied of factswhich proved him guilty of that other offence, the court may,instead of allowing or dismissing the appeal, substitute for th e
verdict found by the jury a verdict of guilty of that other off ence,
and pass such sentence in substitution for the sentence passed at the
trial as may be warranted in law for that other offence which i n the
case of an appeal filed by the person convicted shall not be a sentence of
greater severity.
(3) Where  the jury have found a verdict falling within the
provisions of article 480(3), and the Court of Criminal Appealconsiders that a wrong conclusion has been arrived at by theCriminal Court on the effect of that verdict, the Court of Crim inal
Appeal may, instead of allowing the appeal, order such conclusi on
to be recorded as appears to the  court to be in law required by  the
verdict, and pass such sentence (which, in the case of an appea l filed
by the person convicted shall not be a sentence of greater seve rity) in
substitution for the sentence passed at the trial as may be war ranted
in law.
(4) Where on an appeal against conviction the Court of
Criminal Appeal is of opinion that although the appellantcommitted the act or made the omission charged against him he w as
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 qua sh
the sentence passed at the trial and order the appellant to be kept in
custody in Mount Carmel Hospital in which case the provisions o f
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 charg ed is
returned, may appeal against the verdict and on any such appeal  the
same provision as contained in article 501(1) shall mutatis
mutandis, subject as hereinafter provided, apply.
(2) Where apart from this article - 
(a) an appeal against a verdict such as is mentioned in
sub-article (1) would fall to be allowed, and
                         CRIMINAL CODE               [CAP. 9.            289
(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 opini on
that, but for the insanity of the accused, the proper verdict w ould
have been that he was guilty of an offence other than the offen ce
charged.
(3) In the case of an appeal under sub-article (1) the appeal
may be heard and determined in the absence of the appellant and , if
he is not assisted by an advocate, the provisions of article 51 9 shall
apply.
(4) Where in accordance with sub-article (1) an appeal is
allowed - 
(a) if the ground, or one of the grounds, for allowing the
appeal is that the finding of the jury as to the insanityof the accused ought not to stand and the Court ofCriminal Appeal is of opinion that he was guilty of anoffence (whether the offence charged or any otheroffence of which the jury could have found himguilty), the court shall substitute for the verdict of notguilty on the ground of insanity a verdict of guilty ofthat offence, and shall have the like powers ofpunishing or otherwise dealing with the accused as thecourt before which he was tried would have had if thejury 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 ofacquittal:
Provided that where the of fence mentioned in paragraph ( a)
is one for which the sentence is fixed by law, the sentence sha ll
(whatever the circumstances) be one of imprisonment for life or  for
a term not less than twelve years.
(5) The term of any sentence passed by the Court of Criminal
Appeal in the exercise of the powers conferred by sub-article ( 4)(a)
shall, unless the court otherwise directs, begin to run from th e time
when it would have begun to run if passed in the proceedings in  the
Criminal Court.
Form and time 
for entering appeal. 
Added by:
XXV .1967.18 .504.  Any appeal under this Title shall be brought before the
Court of Criminal Appeal by an application to be filed in that court,
except where otherwise provided, within fifteen working days fr om
the date of the decision appealed from.
Contents of 
application of appeal. 
Added by:
XXV .1967.18. 
Amended by:
LVIII.1974.68; 
XXIV .1995 .362.505. (1) Besides the indications common to judicial acts, the
application shall contain a brief but clear statement of the fa cts of
the case, the grounds of the appeal and the relief sought by th e
appellant.
(2) The application shall, on pain of nullity, be signed by an
advocate or by the appellant himself.
(3) The record of the proceedings of the Criminal Court shall
be lodged by the Registrar of Courts before the Court of Crimin al
  
290              CAP. 9.]                       CRIMINAL CODE  
Appeal within two working days from the day when the applicatio n
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 ei ght
working days before the day appointed for the hearing of theappeal, unless the court shall in any case of urgency direct se rvice
with a shorter notice.
Supplemental 
powers of the Court of Criminal 
Appeal. 
Added by:
XXV .1967.18.
Amended by:
XXIII.2017 .10.506. The Court of Criminal Appeal may, if it thinks it
necessary or expedient in the interests of justice - 
(a) order the production of any document, exhibit or other
thing connected with the proceedings, the productionof which appears to it necessary for the determinationof the case; and
(b) if it thinks fit order any witnesses who would have
been compellable witnesses at the trial to attend forexamination and be examined before the court,whether they were or were not called at the trial, ororder the examination of any such witnesses to beconducted 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 competentbut not compellable witness, and, if the appellantmakes an application for the purpose, of spouse of theappellant, in cases where the evidence of the spousecould not have been given at the trial except on suchapplication, subject to the provisions of article 635.
Duty to admit 
evidence. 
Added by: 
XXV .1967.18.507.  Without prejudice to the generality of the last preceding
article, where evidence is tendered to the court under that art icle,
the court shall, unless it is satisfied that the evidence if re ceived
would not afford any ground for allowing the appeal, exercise i ts
power under that article of receiving it if - 
(a) it appears to it that the evidence is likely to be credible
and would have been admissible at the trial on an issuewhich 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 soto adduce it.
Power of Court 
of Criminal 
Appeal to order 
new trial. 
Added by:
XXV .1967.18. 
Amended by: 
XXVII.1975.30, 31.
XXXII.2018 .10.508. (1) Where an appeal is allowed by reason only of
evidence received or available to be received by the Court ofCriminal Appeal under articles 506 and 507 or by reason of a po int
raised under articles 500(4) or 501(1)( b) and in each case it appears to
the court that the interests of justice so require, the court m ay,
instead of directing the entry of a judgment and verdict of acq uittal
as provided by articles 500(5), 501(2) or by ar ticle 503(4)( b), order
the appellant to be retried.
(2) An accused shall not be retried by virtue of this article for
any offence other than - 
(a) the offence of which he was convicted or acquitted at the
                         CRIMINAL CODE               [CAP. 9.            291
original trial and in respect of which the appeal is
allowed as aforesaid;
(b) any offence of which the accused could have been
convicted at the original trial on an indictment for thefirst-mentioned offence; or
(c) any offence charged in an alternative count of the
indictment in respect of which the jury weredischarged from giving a verdict in consequence ofconvicting the accused  of the first-mentioned offence.
(3) An accused who is to be retried for an offence in pursuance
of an order under sub-article (1) shall be tried upon a freshindictment.
(4) The Court of Criminal Appeal may, upon ordering a retrial
under sub-article (1), make such orders as appear to the court to be
necessary or expedient for the custody or admission to bail of the
accused  pending the retrial.
(5) Where a new trial is ordered under sub-article (1) in the
case of a person who, immediately before the determination of h is
appeal, was liable to be detained in Mount Carmel Hospital inpursuance of an order of the Criminal Court, the order shallcontinue in force pending the retrial as if the appeal had not been
allowed and any order made by the Court of Criminal Appeal unde r
the last preceding sub-article of this article for his custody or
admission to bail shall have effect subject to the said order.
(6) On a retrial ordered under sub-article (1) a transcript of t he
notes, in shorthand or otherwise, of the evidence given by anywitness 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 thatall reasonable efforts to find him or to secure hisattendance have been made without success.
(7) Where a person ordered to be retried under sub-article (1) i s
convicted on the retrial, the Criminal Court may pass in respec t of
the offence any sentence authorized by law, which in the case o f a
retrial ordered upon an appeal of the person convicted shall no t be a
sentence of greater severity than that passed on the originalconviction.
(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 ha ve
begun to run, but in computing the term of his sentence or theperiod for which he may be detained thereunder, as the case maybe, there shall be disregarded any time during which he was at large
after being admitted to bail under sub-article (4).
  
292              CAP. 9.]                       CRIMINAL CODE  
Stay of 
execution of judgment.
Added by:
XXV .1967.18.
Amended by:
XXIX.1989 .4;
III.2002 .119.509. (1) The Court of Criminal Appeal may, if it deems fit, on
the application of the appellant admit the appellant to bail pe nding
the determination of his appeal made under article 499 or 500.
(2) The power of the Court of Criminal Appeal under sub-
article (1) to admit an appellant to bail, may be exercised by any
judge of the court in the same manner as it may be exercised by  the
court and subject to the same provisions; but, if the judge ref uses
an application on the part of the appellant, the appellant shal l be
entitled to have the application determined by the Court ofCriminal 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.
Challenge or 
abstention of judge. 
Added by:
XXV .1967.18.
Amended by:
III.2002 .120.510. (1) Any objection to any judge sitting in the Court of
Criminal Appeal shall be raised, and the decision of the courtthereon shall be given, before the appellant begins to make hissubmissions to the court on the merits of the appeal.
(2) The provisions of article 446(2), (3), (4), (5), (6), (7) an d
(8) and the provisions of article 447 shall apply in any procee dings
before the Court of Criminal Appeal, so, however, that, for thepurpose of such proceedings, any reference in those provisions to
the reading out of the indictment  shall be construed as a refer ence
to the commencement of the submissions by the appellant on themerits of the appeal, the reference in the said sub-articles (2 ) and
(4) to the accused shall be construed as including the personconvicted on indictment who has appealed and any personappealing in terms of article 503(1), and the reference in the said
sub-article (4) to the hearing of the cause shall be construed as a
reference to the hearing of the appeal.
Death or illness 
of judge, 
Attorney 
General, or accused or his advocate. 
Added by: 
XXV .1967.18.
Amended by:
LVIII.1974.68;
III.2002 .121.511. (1) If, during the hearing of the appeal, any of the sitting
judges dies or becomes ill, another judge shall be surrogated a s
provided under article 498 and all proceedings shall take placeanew if the court, in the interests of justice, shall so deem f it or if
the accused makes a demand to that effect:
Provided that the proceedings shall in any case take place
anew where the surrogated judges are two or more:
Provided further that it shall not be lawful to raise again
any objection to a judge sitting in the court which has been al ready
decided or any question on which the court has already givenjudgment before the surrogation of the judge or judges has take n
place.
(2) If the Attorney General or counsel delegated by him dies or
becomes ill or if the advocate for the appellant dies or become s 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 i nterests
of justice may require to order that all proceeding shall take place
anew:
                         CRIMINAL CODE               [CAP. 9.            293
Provided that in the case of the death of the advocate for the
appellant or in the case of illness of such advocate and substi tution
by another advocate, all proceedings shall always take place an ew
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 .512. (1) The provisions of article 420, article 421(1), articles
422, 423, 425, 427, 441, 442, 444 and 452 shall apply in anyproceedings before the Court of Criminal Appeal:
Provided that, for the purpose of such proceedings, any
reference in those provisions to the superior court and to theinferior court shall be construed as being a reference respecti vely 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 t hat
article, cannot be assisted by the Advocate for Legal Aid for t he
reason stated in paragraph ( a) of the same article and where he was
assisted before the Criminal Court by an advocate appointed interms of article 571, the Court of Criminal Appeal shall, in so  far as
possible, appoint the same advocate to assist the appellant in the
proceedings of appeal, and the provisions of articles 571, 572 and
573 shall apply in respect of such appointment.
(3) The Court of Criminal Appeal may, if it considers an appeal
to be frivolous, sentence the appellant to a fine ( multa ) not
exceeding two hundred and thirty-two euro and ninety-four cents(232.94).
Recommendatio
n by judge sitting in the Court of Criminal 
Appeal.  Added 
by: XXV .1967.18.513.  Any judge may exercise, in relation to any matter which
has been dealt with by the Court of Criminal Appeal while he wa s
sitting therein, the power of recommendation mentioned in artic le
494 in like manner as such power may be exercised by a judgesitting in the Criminal Court.
Functions of 
registrar in the Court of Criminal 
Appeal. 
Added by:
XXV .1967.18. Substituted by:
XXIV .1995 .360;
XXXI.2002 .201.  
Cap. 12. 514. The functions of the registrar in the Court of Criminal Appeal
may be performed by any of the court executive officers referre d to in
article 57(3) of the Code of Or ganization and Civil Procedure .
Prerogative of 
mercy.  
Added by: 
XXV .1967.18. 515. (1) Nothing in this Title shall affect the prerogative of
mercy, but the Prime Minister on an application made to him by a
person convicted on indictment or without any such applicationmay, if he thinks fit, at any time either -
(a) refer the whole case to the Court of Criminal Appeal
and the case shall then be treated for all purposes as anappeal 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 shallconsider the point so referred and furnish the Prime
  
294              CAP. 9.]                       CRIMINAL CODE  
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 t hat
the person concerned is for any reason not present.
Substituted by: 
XXV .1967.19.PROVISIONS APPLICABLE TO THE COURTS OF 
CRIMINAL JUSTICE 
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. 12.516. (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 h im
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 judgesordinarily sitting in the Criminal Court, the Attorney General,  a
magistrate appointed by the Minister of Justice, and the presid ent
of the Chamber of Advocates with power to make rules to be call ed
Rules of Court for any of the purposes referred to in article 2 9 of
the 
Code of Organization and Civil Procedure, in so far as
applicable, the reference to that Code in that article being co nstrued
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 th e
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.517. (1) Every court of criminal justice may, by an order to be
signed by the registrar and posted up at the door of the buildi ng in
which the court sits, prohibit the publication, before thetermination of the proceedings, of any writing, whether printed  or
not, in respect of the offence to which the proceedings refer, or of
the party charged or accused; and any person who fails to compl y
with the order, shall, for the mere default, be guilty of conte mpt of
the authority of the court, and be liable to punishment as prov ided
in article 686, saving always any other punishment to which theoffender may be liable according to law, in respect of any othe r
offence arising from the said writing or from its publication:
Provided that in respect of such other offence separate
proceedings must be instituted, according to law.
                         CRIMINAL CODE               [CAP. 9.            295
Duration of 
prohibition.(2) If any such order is made by the Court of Magistrates as
court of criminal inquiry, and is not repealed by such court be fore
the termination of the inquiry, it shall remain in force until it is
repealed by the Criminal Court, after the expiration of the ter m
allowed for the filing of the indictment by the Attorney Genera l, by
another order signed by the registrar and affixed in the same p lace
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 b y which
the order of prohibition was made and shall carry out suchdirections as the court shall give, orally or in writing, forproceedings to be taken before the court against the offender, either
by summons or by arrest.
Court by which 
breach of order is cognizable.(4) The Criminal Court or Court of Criminal Appeal may
delegate to the Court of Magistrates (Malta) or the Court ofMagistrates (Gozo), as court of criminal judicature, the cogniz ance
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.
Inadmissibility 
of objection to judge or magistrate making the order.(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.
Publication of 
certain particulars permissible.(6) Nevertheless, the publisher of any writing containing only a
true copy of the charge or of the indictment, or a mere indicat ion of
the day appointed for the hearing of the cause, shall not be li able to
punishment, provided that nothing be thereto added, implying anexpression of opinion on the said cause, whether in regard to t he
offence in general or in regard to the individual who committed  the
offence.
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 .124.518. The acts and documents of the courts of criminal justice
shall not be open to inspection, nor shall copies thereof be gi ven,
without the special permission of the court, except by or to th e
Attorney General, by or to the parties concerned or by or to an y
advocate or legal procurator authorized by such parties; but an y act,
which is pronounced in open court, shall be open to inspection by
any person, and copies thereof may be given on payment of theusual fee:
Provided that a procès-verbal and any depositions and
documents filed therewith shall be open to inspection, and copi es
thereof shall be given, only at the discretion of the AttorneyGeneral and on payment of such fees as may be prescribed by theMinister responsible for justice as provided in article 695.
Duty of court to 
provide for adequate defence of accused.519.  It shall be the duty of the courts of criminal justice to see
to the adequate defence of the parties charged or accused; and it
shall not be necessary to appoint a curator in cases where the party
charged or accused has not attained his majority.
  
296              CAP. 9.]                       CRIMINAL CODE  
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;
VIII.2015 .34;
I.2018 .22.
Cap. 12.520. (1) Saving any other provisions of this Code, the
following provisions of the Code of Organization and CivilProcedure shall, except in so far as it is otherwise provided i n this
Code, apply mutatis mutandis  to the courts of criminal justice:
(a) articles 8, 10 to 12, 16 and 17, 23 to 30, 57 to 61, and
65 to 76 regarding the organisation of the courts;
(b) articles 97 to 106, 108 to 110, 113 and 114, 119A and
123 regarding judicial times;
(c) sub-articles (4), (5) and (6) of article 143, and articles
175 and 205;
(d) articles 558 to 662 relating to evidence in general; and
(e) articles 627 to 633, and articles 635 to 637 relating to
documentary evidence and the production of documentswhich are in the possession of other persons.
Power of court 
in respect of superfluous evidence. (2) It shall be in the power of the said courts to exclude from
the evidence or pleadings, or from the defence, all matter whic h, in
the opinion of the court, may cause unnecessary delay, or whichmay be irrelevant or extraneous to the nature of the case.
Registry and 
registrar. First part of sec. 30 of Ord. VI of 1880, incorporated.Substituted by:
XXXI.2002 .204. 
Cap.12.521.  (1)  The registry and the registrar mentioned in this Code
shall be designated by regulations made by the Minister respons ible
for justice under this article.
(2) Saving the provisions of sub-article (1), and until
regulations are made under the said  sub-article (1), the regist ry and
the registrar mentioned in this Code shall be the same as thoseestablished or appointed by or under the Code of Organization a nd
Civil Procedure in respect of the courts of civil jurisdiction.
Power of court 
in case of prevaricating witnesses.
Amended by:
III.2002 .125;
L.N. 407 of 
2007 ;
XXIV .2014 .60.522. (1) The court may in its discretion guide back to the truth
any witness, who shall prevaricate in his evidence, by warning him,
or by keeping him apart, or even by ordering his arrest.
(2) Any witness who refuses to be sworn or to depose when so
required by the court shall, on conviction, be liable to a fine  (multa )
of not less than two thousand and three hundred euro (€2,300) a nd
not more than four thousand and six hundred euro (€4,600) or toimprisonment for a term not exceeding three months, or to bothsuch fine and imprisonment.
(3) The court before whom a witness refuses to be sworn or to
depose shall order the arrest of the witness and shall order th e
Police to bring the witness before the competent court within f orty-
eight hours from arrest charged with an offence under sub-artic le
(2).
(4) Where the witness charged as mentioned in sub-article (3),
at any time before final judgement is given in his regard, give s his
deposition under oath before the court before whom it is requir ed
and at a stage when it may still be received by the court, thatwitness shall not be liable to the punishment of imprisonment b ut
shall be liable, on conviction, to the punishment of a fine ( multa )
                         CRIMINAL CODE               [CAP. 9.            297
not exceeding one thousand and one hundred and sixty-four euro and
sixty-nine cents (1,164.69).
(5) Any criminal proceedings in pursuance of an order of the
court under sub-article (3) shall be conducted with urgency.
Where false 
evidence is suspected. 
Amended by: 
XXV .1967.21; XXVII.1975. 40; 
VIII.1990 .3. 523.  When there is a reasonable suspicion of any falsity of
evidence, the court may order the arrest of the person suspecte d to
be guilty thereof; if this takes place before the Criminal Cour t or
Court of Criminal Appeal, the court shall order such person to be
brought before the Court of Magistrates for the necessary inqui ry;
and if it takes place before the Court of Magistrates, such cou rt
shall proceed thereon  ex officio.
Misbehaviour of 
person charged or accused. 
Added by: 
XV .1937.8. 
Amended by: 
XXVII.1975.34.524.  If before any of the courts of criminal jurisdiction, the
party charged or accused shall so behave himself as to disturb the
good order of the sitting, and, after being admonished by the c ourt,
shall persist in or repeat such behaviour, the court may order him to
be removed from the place of trial or, if he be in custody, to be
taken back to his place of custody, and may commence or continu e
the trial with the assistance only of his advocate or legal pro curator,
or, if he has no advocate or legal procurator, with the assista nce of
the Advocate for Legal Aid or of any other advocate or legalprocurator appointed by the court.
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;
XXIV .2014 .61.525. (1) The following provisions shall also apply to the Court
of Magistrates:
(a) article 441:
Provided that it shall be lawful for the court to proceed
ex officio without the instance of any party;
(b) articles 443, 444 and 445;
(c) article 451, in so far as it relates to the mode of
communicating with deaf-mutes, or dumb but not deafpersons, or persons deaf only; and article 452.
(2) The provisions of articles 362, 363, 364, 383 to 387,
inclusively, of article 397(5) and of article 399 shall also ap ply to
the Criminal Court and to the Court of Criminal Appeal; and theprovisions of article 452 shall also apply to the Court of Crim inal
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 pe rson
in custody who is a party to appeal proceedings before that cou rt:
Provided that with respect to the Criminal Court the
relevant decision shall in all cases be taken by the Court sitt ing
without a jury.
(3) The provisions of article 397, of sub-articles (2) to (4), b oth
inclusive, of articles 467 and 623 shall, mutatis mutandis , also be
applied by the Court of Magistrates in cases falling within itsjurisdiction as court of criminal judicature under any other
  
298              CAP. 9.]                       CRIMINAL CODE  
provision of this Code or of any other law.
Service of 
subpoena on witnesses.  
Added by: 
III.1971.15.526.  The subpoena on witnesses summoned to appear before
any court of criminal jurisdiction may be served by an officer of the
Executive Police and the provisions of articles 441 and 442 sha ll
apply to any person so summoned.
Procedural 
documents.
Added by:
IV.2014 .24.526A.  Pursuant to and in accordance with any treaty, convention,
agreement or understanding between Malta and another country orwhich applies to both such countries or to which both suchcountries are a party, procedural documents or any act of theproceeding may be sent directly by post to a person who is in t he
territory of the foreign country in a language which that perso n
understands:
Provided that procedural documents shall be accompanied
by a report indicating to the said person the remedies availabl e and
that information about his rights and obligations concerning th e
document may be obtained from the issuing authority or fromanother competent authority in Malta.
Person cannot be 
tried more than once for the same fact.527.  Where in a trial, judgment is given acquitting the person
charged or accused, it shall not be lawful to subject such pers on to
another trial for the same fact.
Power of court 
to order proceedings against calumniators, etc., where absolute innocence of accused is established. 528.  Where the absolute innocence of a person accused is
established, it shall be lawful for the court, if there are gro unds for
so doing, to order proceedings for calumnious accusation or fal se
evidence to be instituted against any informer, complainant,witness, or other person responsible, observing the provisionscontained in article 523.
Language in 
which register is to be kept. Its value as evidence of proceedings. 
Amended by: 
XV .1937.10. 529.  The registrar shall keep a register recording therein the
proceedings of the court in the language in which such proceedi ngs
are conducted, and such register shall constitute authentic evi dence
of such proceedings.
Places in hall for 
accused and witnesses. 
Amended by: 
IV.1994 .15.530. (1) The accused shall be placed at the bar provided for
the purpose in the hall where the court sits.
(2) The witnesses, during their examination, shall be placed in
the witness-box:
Provided that this shall not apply in the case - 
(a) of a witness of tender age who, if placed in the witness
box, might, from shyness or otherwise, becomeconfused or frightened in giving evidence and therebyprejudice the ends of justice;
(b) of a witness who, by reason of old age, infirmity or
physical condition, would suffer great inconvenienceif he were to be placed in the witness-box.
                         CRIMINAL CODE               [CAP. 9.            299
Sittings to be 
held in open court. Exceptions.  
Amended by:
XXV .1967.23;XXVII.1975.40;
III.2002 .127.531. (1) The court shall hold its sittings with open doors.
Nevertheless, the court may hold its sittings with closed doors  in
cases where it is of opinion that the proceedings, if conducted  in
public, might be offensive to modesty, or might cause scandal; in
any such case, the court shall previously make an order to thateffect stating the reasons for so doing.
(2) Where the sittings are held with closed doors, it shall not be
lawful to publish any report of the proceedings under the penal ties
established for contempt of the authority of the court.
Subsequent 
notice.
Added by:
XXIV .2014 .62.*531A.  In proceedings before a court of criminal justice, where
the party charged or accused, having been notified with the dat e of
the first hearing in accordance with the provisions of this Cod e, has
appeared for the said hearing, no subsequent notice need be giv en
of any date to which a case which has been set down for hearing  as
aforesaid or has started to be heard is put off and it shall be  the
responsibility of the person charged or accused to verify such date:
Provided that this provision shall also apply where the
person charged or accused, notwithstanding not having beennotified in accordance with the provisions of this Code, stillappears for the hearing.
Power of court 
to regulate conduct and despatch of business, etc. Substituted by: 
IV.1994 .16.532.  Subject to the provisions of article 516(3), (4) and (5), the
court shall have power to give directions for the conduct anddespatch of business and for the enforcement and maintenance ofgood order during its sittings, provided that nothing contained  in
such directions shall be contrary to law.
Orders for 
payment of damages upon sentence.
Added by:
XVI.2006 .11.
Cap. 446.532A.  The provisions of article 24 of the Probation Act
concerning the power of the court to order the offender to paydamages shall mutatis mutandis  also apply whenever a person is
sentenced upon conviction for any crime.
Payment of 
costs.
Added by:
XVI.2006 .11.532B.  Where a person is convicted of a crime punishable with
imprisonment he shall be liable to pay such amounts in respect of
costs as the Minister may by regulations prescribe. Suchregulations may specify the crimes and, or the proceedings inrespect of which the regulations shall apply as well as which p art of
the costs may be converted into imprisonment and which part maybe recovered as a civil debt, or that the whole amount may be s o
converted or so recovered, and the procedure applicable in ever y
case.
*this article is not yet in force.
  
300              CAP. 9.]                       CRIMINAL CODE  
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 .533. (1) In the case of proceedings instituted by the Police ex
officio , the court shall, in pronouncing judgment or in any
subsequent order, sentence the person convicted or the personsconvicted, jointly or severally, to the payment, wholly or in p art, to
the registrar, of the costs incurred in connection with theemployment in the proceedings of any expert or referee, includi ng
such experts as would have been appointed in the examination ofthe process verbal of the inquiry, within such period and in su ch
amount as shall be determined in the judgment or order.
Procedure in 
default of payment.(2) In default of payment of the costs as determined by the
court, the court shall, on the application of the registrar, is sue a
warrant of arrest against the person sentenced ordering theappearance of such person, and the court, upon ascertaining theidentity of such person, shall convert the amount so determinedinto imprisonment at the rate of one day for every eleven euro and
sixty-five cents (11.65) or fraction thereof and shall commit t he
person convicted to imprisonment accordingly:
Provided that a person committed to imprisonment for non-
payment of such costs may acquit himself of the substitutedpunishment by paying the costs determined by the court with thededuction of such amount thereof as corresponds to the part of the
punishment undergone at the rate laid down in this article.
Power of 
prosecutor to recover costs as a civil debt.(3) Nevertheless, it shall be lawful for the registrar to recove r
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 ha ve been
converted into imprisonment; and, on such declaration being mad e,
the provisions of sub-article (2) shall cease to apply.
Mode of 
recovery.
Cap. 12.(4) The recovery of the costs as a civil debt shall be obtained
by an application to the same court for the enforcement of thesentence or order, in the manner laid down in the Code ofOrganization and Civil Procedure.
Payment of costs 
in cases instituted upon the complaint of the injured or aggrieved party, where the complainant waives the action. 
Added by:
XXXI.2019 .4.533A.  (1)  Without prejudice to the provisions of article 380, in
the case of proceedings instituted on the complaint of the inju red or
aggrieved party, where the complainant waives the action, the c ourt
shall in declaring the proceedings as extinguished or in any su bsequent
order, sentence the complainant or complainants, jointly or sev erally,
to the payment, wholly or in part, to the registrar, of the cos ts incurred
in connection with the employment in the proceedings of any exp ert or
referee, including such experts as would have been appointed in  the
examination of the procès  -verbal  of the inquiry, within such period
and in such amount as shall be determined in the judgment or or der.
(2) In default of payment of the costs as determined by the
court, it shall be lawful for the registrar to recover the cost s aforesaid
as a civil debt, by making a declaration to that effect in the record of
the case at any time after the  declaration of extinction of pro ceedings
is made.
                         CRIMINAL CODE               [CAP. 9.            301
Cap. 12.(3) The recovery of the costs as a civil debt shall be obtained  by
an application to the same court for the enforcement of the jud gment
or order, in the manner laid down in the Code of Organization a nd
Civil Procedure.
Recovery of 
costs from owner of vehicle although he is not the person convicted. 
Added by: 
XXX.1934.15. 
Amended by: 
XXIX.1990 .23.534. (1) In the case of an offence against the regulations
relating to motorcars or against any law or regulation relating  to the
traffic of vehicles, the costs may, in the event of the declara tion
referred to in sub-article (3) of the last preceding article, b e
recovered as a civil debt from the owner of the vehicle althoug h he
is not the person convicted:
Provided that where the person convicted is not the owner
of the vehicle, the liability of the latter for the costs shall  not
exceed the value of the vehicle.
Procedure. 
Exemption of 
owner from liability. (2) Where the owner of the vehicle was not a party to the
proceedings, the court shall, on the application of the registr ar,
order the owner to appear and to show cause why he should not b e
condemned to pay the said costs; and the court shall order that  the
costs be paid by the owner unless the latter shall prove, to th e
satisfaction of the court, that the vehicle was, at the time of  the
offence, driven by or in the custody of the person guilty of th e
offence, without his knowledge or consent, whether express orimplied.
Definition of 
"vehicle" and "owner". Cap. 10.(3) For the purposes of this article - 
the expression "vehicle" has the same meaning as in article 2 o f
the Code of Police Laws ;
the expression "owner" means the person in whose name the
licence in respect of the vehicle has been issued.
Added by:
IV.2014 .25.Title VI
Of the Rights of Suspects and Accused
Rights of 
suspect and accused.
Added by:
IV.2014 .25.
Amended by:
VIII.2015 .35.534A.   The provisions of this Title shall apply to a person from
the time that he is made aware by the Executive Police that he is
suspected of having committed an offence (hereinafter in this t itle
referred to as the "suspect") and to a person charged or accuse d of
having committed an offence (hereinafter in this title referred  to as
the "accused") until the conclusion of the criminal proceedings ,
including, where applicable, the passing of sentence and thedetermination of an appeal:
Provided that "criminal proceedings" shall include
investigations by the Executive Police and extradition proceedi ngs:
Provided further that the provisions of this Title shall also
apply to a person other than a suspect or an accused person who , in
the course of questioning by the police or by another lawenforcement authority, becomes a suspect or an accused person.
  
302              CAP. 9.]                       CRIMINAL CODE  
Right to 
information and Letter of Rights.
Added by:
IV.2014 .25.
Amended by:
L!. 2016.5534AB.  (1) Saving the provisions of articles 355AC, 355AS, 392
and 445, it shall be the duty of the Police or of the Court, as  the
case may be, to inform the suspect or the accused without unduedelay of the following procedural rights:
(a) the right of access to a lawyer;
(b) any entitlement to free legal advice and the conditions
for obtaining such advice;
(c) the right to be informed, in such detail as is necessary
to safeguard the fairness of the proceedings and theeffective exercise of his rights of defence, of theoffence he is suspected or accused of havingcommitted:
Provided that the suspect or accused shall be promptly
informed of any changes in the information given inaccordance with this article where this is necessary tosafeguard the fairness of the proceedings;
(d) the right to interpretation and translation;
(e) the right to remain silent;
(f) the right to have a third party informed of the suspect’s
or the accused person’s deprivation of liberty;
(g) the right to communicate with third persons and with
consular authorities when the suspect or an arrestedperson is deprived of his liberty;
(h) the right to be allowed to consult a medical
practitioner;
(i) should the suspect or arrested person be illiterate, the
right to have the Letter of Rights read out andexplained to him.
(2) The information provided for under sub-article (1) shall be
given orally or in writing, in simple and accessible language, taking
into account any particular needs of vulnerable suspected oraccused persons within the meaning of 208AC(2).
(3) It shall be the duty of the Police to provide a person
arrested or detained promptly with the Letter of Rights set out  in
Schedule E and the Police shall give the said person an opportu nity
to read it and to retain same in his possession throughout the time
that he is detained. The Letter of Rights shall be written in alanguage that the person understands:
Provided that where the Letter of Rights is not available in
the appropriate language, the suspect or the accused shall beinformed of his rights orally in a language that he understands  and
the Letter of Rights shall subsequently, and without undue dela y, be
provided to him in a language that he understands.
(4) Information provided in accordance with this article shall
be recorded by the Police or by the Court, as the case may be.
                         CRIMINAL CODE               [CAP. 9.            303
Right to 
interpretation.
Added by:
IV.2014 .25.534AC.  (1) Saving the provisions of articles 355AC, 451 and
516(2) where the suspect does not speak or understand the langu age
of the criminal proceedings, as the case may be, he shall beprovided, without unreasonable delay, with interpretation in th e
course of the said proceedings, including during police questio ning.
(2) Interpretation shall be made available for communications
between the suspect or the accused and their legal counsel in d irect
connection with any questioning or hearing during the proceedin gs
or with the lodging of an appeal or other procedural applicatio ns.
(3) The right to interpretation under sub-articles (1) and (2)
shall apply to persons suffering from hearing or speechimpediments.
(4) It shall be the duty of the Executive Police and of the Cour t,
as the case may be, to ascertain whether the suspect or the acc used
speak and understand the language of the criminal proceedings a nd
whether they need the assistance of an interpreter.
(5) Nothing in this article shall be construed as precluding the
suspect or the accused to demand that any decision finding, at any
stage of the criminal proceedings, that there is no need forinterpretation be reviewed and, when interpretation has beenprovided, the possibility to complain that the quality of theinterpretation is not sufficient to safeguard the fairness of t he
proceedings.
(6) Interpretation provided under this article shall be of a
quality sufficient to safeguard the fairness of the proceedings , in
particular by ensuring that the suspect or the accused hasknowledge of the case against him and is able to exercise his r ight
of defence.
Right to 
translation of essential documents.
Added by:
IV.2014 .25.534AD.  (1) Where the suspect or the accused does not
understand the language of the criminal proceedings concerned, he
shall, within a reasonable period of time, be provided with a w ritten
translation of all documents which are essential to ensure that  he is
able to exercise their right of defence and to safeguard the fa irness
of the proceedings.
(2) The decision determining what constitutes an essential
document shall be taken by the Executive Police or by the Court , as
the case may be, and the suspect or the accused or his legal co unsel
may submit a reasoned request to that effect:
Provided that essential documents shall include any
decision depriving a person of his liberty, any charge or indic tment,
and any judgment:
Provided further that it shall not be required to translate
passages of essential documents which are not relevant for thepurposes of enabling the suspect or the accused to have knowled ge
of the case against him.
(3) Nothing in this article shall be construed as precluding the
suspect or the accused to demand that any decision finding, at any
stage of the criminal proceedings, that there is no need for th e
translation of documents or passages thereof be reviewed and,
  
304              CAP. 9.]                       CRIMINAL CODE  
when a translation has been provided, the possibility to compla in
that the quality of the translation is not sufficient to safegu ard the
fairness of the proceedings.
(4) Notwithstanding the preceding provisions of this article, an
oral translation or oral summary of essential documents may beprovided instead of a written translation on condition that suc h oral
translation or oral summary does not prejudice the fairness of the
proceedings.
(5) Where the suspect or the accused waives the right to
translation of documents referred to in this article such waive r shall
be recorded in writing and only after the Executive Police or t he
Court, as the case may be, is satisfied that the suspect or acc used
has received prior legal advice or has otherwise obtained fullknowledge of the consequences of such a waiver, and that thewaiver was unequivocal and given voluntarily.
(6) Translation provided under this article shall be of a qualit y
sufficient to safeguard the fairness of the proceedings, in par ticular
by ensuring that suspected or accused persons have knowledge ofthe case against them and are able to exercise their right of d efence.
Costs and 
quality of interpretation and translation.
Added by:
IV.2014 .25.534AE.  (1)  Notwithstanding the provisions of article 533, the
services of interpretation and translation resulting from theapplication of articles 534AB to 534AD, both inclusive, shall b e
free of charge.
(2) The registrar shall keep a register of translators and
interpreters who are appropriately qualified. Once established,  such
register shall, where appropriate, be made available to legalcounsel and other relevant authorities.
Rights of access 
to the materials of the case.
Added by:
IV.2014 .25.534AF.  (1) Where a person is arrested and detained at any stage
of the criminal proceedings, any documents in the possession of  the
Police which are related to the specific case and which are ess ential
to challenge effectively the lawfulness of the arrest or detent ion,
shall be made available to the arrested person or to his lawyer .
(2) The person suspected or accused shall have access, which
shall be free of charge, to all material evidence in the posses sion of
the Police, whether for or against the said suspect or the accu sed, or
to his lawyers in order to safeguard the fairness of the procee dings
and to prepare his defence.
(3) Without prejudice to sub-article (1), access to the material
evidence referred to in sub-article (2) shall be granted in due  time
to allow the effective exercise of the rights of the defence an d at the
latest upon submission on the merits of the accusation. Wherefurther material evidence comes into the possession of the Poli ce,
access shall be granted to it in due time to allow for it to beconsidered by the suspect or the accused or by his lawyer.
(4) Notwithstanding the provisions of sub-article (2) and (3)
and provided that this does not prejudice the right to a fair t rial,
after hearing the prosecution, a court or magistrate may refuseaccess to certain materials if such access may lead to a seriou s
threat to the life or the fundamental rights of another person or if
                         CRIMINAL CODE               [CAP. 9.            305
such refusal is strictly necessary to safeguard an important pu blic
interest or where it could prejudice an ongoing investigation o r
national security.
Records.
Added by:
IV.2014 .25.534AG.  When a suspect or an accused in any criminal
proceedings has been assisted by an interpreter or when an oraltranslation or an oral summary of essential documents has beenprovided in accordance with law, or when the said suspect oraccused has waived the right to translation of essential docume nts
as provided for in article 534AD(5), a record of this fact shal l be
made in the acts of the relevant criminal proceedings.
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 Po lice
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
any anonymous report or information, except in the case of aflagrant offence or where the report or information refers to s ome
fact of a permanent nature. In any such case, it shall be lawfu l for
the Police to proceed on such report or information, afterascertaining the flagrancy of the offence or the permanent fact .
Contents of 
information. 
Amended by: 
IX.1911.17.536.  The informer shall clearly state the fact with all its
circumstances and shall, as far as possible, furnish all suchparticulars as may be requisite to ascertain the offence, to es tablish
the nature thereof as well as to make known the principals and the
accomplices.
Form of 
information. 
Added by: 
IX.I911.17.537. An information may be laid either verbally or in writing: 
Provided that where an information is laid verbally, it shall,
except in cases which admit of no delay, be reduced to writingforthwith and shall be signed by the informer, or, if he is una ble to
write, by the Police officer by whom it is reduced to writing.
Complaint. 
Amended by: 
VI.1871.34; III.1880.10; IX.1911.18.538.  Every person who feels himself aggrieved by any offence
and desires to lodge a complaint for the punishment of the offe nder,
if known, or, if not known, in case he should be discovered, ma y
make such complaint to any Police officer, even by letter.
Articles 536 and 
537 to apply to complaints. 
Added by: 
IX.1911.19.539.  Articles 536 and 537 shall apply also to complaints.
  
306              CAP. 9.]                       CRIMINAL CODE  
Duty of Police 
on receipt of report, information or complaint. 
Amended by: 
VIII.1990 .3;
III.2002 .128.540. Upon the receipt of any report, information or complaint
requiring proceedings to be taken, the Executive Police shall a s
soon as possible inform the Court of Magistrates (Malta), or th e
Court of Magistrates (Gozo), or a magistrate, as the case may b e, in
order to receive the necessary directions for such proceedings:
Provided that if upon the report, information or complaint
the party concerned has been su mmoned or, in any case where the
Executive Police is authorized to proceed forthwith to the arre st of
the party concerned, such party has been actually arrested, it shall
be lawful for the Police to inform the court of such report,information or complaint at the moment that the party summonedor arrested is brought before it.
Temporary 
protection orders.
Added by:
XIII.2018. 24.
Amended by:
XXXII.2018 .11;
III.2020. 6.
Cap. 539.Cap. 581.540A . (1)  Upon the receipt of any report, information or
complaint by the Executive Police requiring proceedings to betaken against a person from a person or persons indicated in ar ticle
12(a) of the 
Victims of Crime Act, a professional, trained by the
designated agency in accordance with the  Gender-Based Violence
and Domestic Violence Act, shall immediately conduct an
assessment of the risk of the injured person or of any otherindividual, as the case may be:
Provided that a Police officer shall also initiate an
investigation, during which investigation there shall be heard,  amongst
others, the alleged offender, as the case may be:
Provided also that if an assessment has been conducted by
a professional trained in accordance with the Gender-Based
Violence and Domestic Violence Act within the twenty-four hour
period immediately preceding the receipt of the report, informa tion,
or complaint by the Executive Police, there shall be no need toconduct that assessment after such receipt:
Provided also that if in the cases mentioned under sub-article
(1) the alleged offender is to be taken before the court by arr est, and if
he remains arrested until his arraignment in court, the disposi tions of
this article shall not apply.
(2) Where, following such investigation, and after the due
consideration of the results of the assessment, it becomes appa rent
that any person is at a serious risk of harm, the Executive Pol ice
shall immediately apply to a Magistrate requesting the issue of  a
temporary protection order stating the grounds for the request and
giving the Magistrate all such information that will enable theMagistrate to decide upon the request:
Provided that said application shall be made by not later
than twelve hours from when the Executive Police receive such report,
information, or complaint. 
(3) Before deciding whether to issue the temporary protection
order, the Magistrate may require the police officer, theprofessional, or the person making the report or complaint givi ng
the information, to confirm on oath the information supplied byhim and the temporary protection order shall be issued once theMagistrate is satisfied that sufficient grounds for the issuing  of the
order exist:
                         CRIMINAL CODE               [CAP. 9.            307
Provided that such a decision shall be taken within eight
hours of receipt of the application:
Cap. 581.Provided also that said agency shall, immediately after the
assessment is carried out according to sub-article (1), providesheltered accommodation to the alleged victim, according to art icle
19(3)(d) of the  
Gender-Based Violence and Domestic Violence
Act, as needed.
(4) In cases of utmost urgency, the request for the issue of th e
temporary protection order and the order may be communicatedeven by electronic means:
Provided that, as soon as practicable, the original
temporary protection order shall be delivered for record purpos es.
(5) Sub-articles (3), (7), (8), (11) and (12) of article 412C s hall
apply mutatis mutandis to a temporary protection order issued
under this article, and for the purposes of this article, "temp orary
protection order" shall have the same meaning assigned to"protection order" under article 412C.
(6) A temporary protection order issued under this
article shall remain in force:
(a) up to a maximum of thirty days from the issue of the
temporary protection order; or
(b) until the first sitting against the alleged offender,
whichever is the earlier:
Provided that the Police shall institute criminal
proceedings against the alleged offender by not laterthan thirty days from the issue of the temporaryprotection order.
(7) A temporary protection order issued under this article can
be revoked or extended for a further period by the Magistrate w ho
issued the order, on just cause being shown:
Provided that it can also be extended by the Court during
its first sitting, if a request is made to issue a protection o rder under
article 412C.
(8) A temporary protection order issued under this article shal l
lapse upon:
(a)  the determination that no criminal proceedings shall
be instituted against the alleged offender; or
(b)  the lapse of thirty days from the issue of the
temporary protection order; or
(c)  the hearing of the first sitting against the alleged
offender; or
(d) the issue of a protection order under article 412C:
Provided that in the case of paragraph (a), the Executive
Police shall immediately inform the Magistrate of this decision , and
request the revocation of the temporary protection order.
  
308              CAP. 9.]                       CRIMINAL CODE  
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; 
XLI.2020. 5.541. (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 commissio n of
a crime, refuse to institute proceedings, it shall be lawful fo r the
person who laid the information, or made the report or complain t,
to make an application to the Court of Magistrates for an order  to
the Police to institute proceedings; and if, after hearing, whe re
necessary, the evidence tendered by the applicant, and theCommissioner of Police, the court is satisfied that the informa tion,
report or complaint is prima facie  justified, it shall allow the
application and shall, through the registrar, notify theCommissioner 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 informatio n,
report or complaint, and shall enter into a recognizance in a s um to
be fixed by the court, to give his evidence at the trial, if sorequired, or to furnish any such evidence at his disposal as ma y
lead to the conviction of the party accused:
Provided further that where the Attorney General by a note
declares that agreement has been reached with the competentauthorities of another country that the courts of that country shall
exercise jurisdiction over the crime the Court of Magistrates s hall
consider such declaration conclusive and shall forthwith dismis s
the application.
(2) The provisions of article 383(2), articles 386 and 387 shall ,
in so far as applicable, apply to any recognizance under sub-ar ticle
(1).
(3) Any decision of the Court of Magistrates allowing, in whole
or in part, an application under sub-article (1) shall be serve d on the
Attorney General, together with the record of the proceedings,
within two working days from the date of the decision and the
Attorney General may within seven working days from the date of
service make an application to the Criminal Court for the rever sal
or variation of the decision. The applicant may also make a sim ilar
application to the Criminal Court within seven working days fro m
the date of the decision of the Court of Magistrates disallowin g, in
whole or in part, the application. An application to the Crimin al
Court under this sub-article shall operate as a stay of executi on of
the decision of the Court of Magistrates.
(4) ( a) In cases where for the exercise of the criminal action
the decision to prosecute is vested in the Attorney General, an y injured
party may within a period of one month from when he knows or co uld
have known, whichever is the earlier, of the decision of the At torney
General not to prosecute, request the Attorney General in writi ng, and
giving reasons, to reconsider the decision.
                         CRIMINAL CODE               [CAP. 9.            309
Cap. 12.(b) If within one month from the request for re-
consideration referred to in paragraph (a) the AttorneyGeneral either informs the injured party that he hasreconsidered the case and decided to confirm hisdecision against the institution of criminal proceedingsor fails to reply to the injured party then the injuredparty shall be entitled to seek judicial review of thedecision of the Attorney General not to prosecute inaccordance with the provisions of article 469B of the
Code of Or ganization and Civil Procedure :
Cap. 326.Provided that for the purposes of this sub-article, the Auditor
General, the Commissioner for Standards in Public Life, the Per manent
Commission Against Corruption and the Ombudsman shall be entitl ed
to make any claim and to exercise any action which according to  this
sub-article pertains to the injured party when they shall have reported
any corrupt practice as defined in the Permanent Commission Against
Corruption Act to the Attorney General.
Persons by 
whom complaint may be made. 
Amended by: 
XI.1900.81; XLVI.1973.108;
XXIV .2014 .63.542.  The complaint may be made by a spouse on behalf of the
other spouse, by an ascendant on behalf of a descendant, by adescendant on behalf of an ascendant, by one of the siblings onbehalf of the other, by any person on behalf of another person under
his tutorship or care, by any administrator or representative o f any
pious institution or other body corporate recognized by law, fo r any
offence committed to the prejudice of such institution or bodycorporate, and by the immediate heirs for any offence committedagainst the person under whom they claim.
Cases in which 
Police may proceed ex 
officio. Amended by: IV .1856.43;
V .1868.33;
XX.2005 .20;
XIII.2018. 24.543. It shall be lawful for the Police to institute proceedings
even without the complaint of the private party in any of thefollowing cases:
(a) in the case of crimes for which the law does not
expressly provide that the complaint of the privateparty is requisite;
(b) in the case of any offence consisting in the carrying of
prohibited weapons, or in the case of any offenceagainst 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 ofthe 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:
Cap. 581.   Provided that for the purposes of this paragraph
"domestic violence" shall have the same meaningassigned to it by article 2 of the 
Gender -Based
Violence and Domestic Violence Act:
   Provided further that it shall be lawful, after
  
310              CAP. 9.]                       CRIMINAL CODE  
proceedings have commenced before the court in
virtue of this article for an offence mentioned in thisparagraph, for an alleged victim of an offenceinvolving domestic violence to request the court tostay proceedings against the alleged perpetrator, andwhen such a request is made the court may decide anddirect the continuation of proceedings against thealleged perpetrator, giving particular consideration tothe best interests of the complainant, any minors
involved, and any other relevant third parties, and shall
cause such request and decision to be registered in therecords of the case.
(f) in the case of rape as defined in article 198:
Provided that it shall be lawful, after proceedings have
commenced before the court in virtue of this article for anoffence mentioned in this paragraph, for an allegedvictim to request the court to stay proceedings against thealleged perpetrator, however, if such request is made, thecourt may decide to continue the proceedings against theperpetrator, giving particular consideration to the bestinterests of the complainant, any minors involved, andany other relevant third parties.
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
Substituted by:
XIII.2018 .24544. Criminal proceedings shall not be instituted except on the
complaint of the private party in the case of theft of electric ity and
offences arising from article 326(1)( c), (e) and ( f).
Waiver of 
complaint. 
Amended by: 
II.1886.11; XIV .1889.47; XI.1900.82; VIII.1909.53.545. (1) When proceedings cannot be instituted except on the
complaint of the private party, the complainant may, at any tim e
before final judgment is delivered, waive his complaint.
Non-acceptance 
of waiver.(2) The party charged or accused may object to any such
waiver, in which case the trial shall be proceeded with as if t he
complaint had not been waived.
Frivolous or 
vexatious complaint.(3) If the complaint is waived after the opening of the trial an d
it appears that the complaint is frivolous or vexatious, or mad e with
the object of extorting money or other effects, or of making an y
other gain, the court may, notwithstanding the waiver, proceed to
deliver judgment, acquitting the person charged or accused anddirecting that proceedings be instituted against the complainan t, in
accordance with the provisions of article 528:
Provided that if the complaint does not amount to any of the
offences specified in the said article, it shall be lawful for the court
to sentence the complainant to detention or to a fine ( multa  or
                         CRIMINAL CODE               [CAP. 9.            311
ammenda ), according to the gravity of the case.
TITLE II
OF INQUIRIES RELATING TO THE " IN GENERE ", 
INQUESTS AND " REPERTI "
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 ;
XXXIV .2014 .17.546. (1) Saving the provisions of the next following sub-
articles, upon the receipt of any report, information or compla int in
regard to any offence liable to the punishment of imprisonmentexceeding three years, and if the subject-matter of the offence  still
exists, the state thereof, with each and every particular, shal l be
described, and the instrument, as well as the manner in which s uch
instrument may have produced the effect, shall be indicated. Fo r
the purpose of any such investigation, an inquest on the spot s hall
be held:
Provided that where it results that the fact in respect of
which an investigation was not held under this sub-articleconstituted an offence liable to the punishment mentioned in th is
sub-article the failure to hold an investigation under this sub -article
shall not, for that reason alone, prejudice in any way whatsoev er
the institution or continuation of criminal proceedings for tha t
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 electr icity
or an offence under article 326(1)( c), (e) and ( f) there shall be no
inquest unless expressly requested by Enemalta plc.
(2) The holding of an inquest may be dispensed with by the
magistrate to whom the report, information or complaint referre d to
in the last preceding sub-article is made, if the fact to beinvestigated is breaking for the purpose of article 263( a) as defined
in the first paragraph of article 264(1) and if the theft to wh ich the
breaking relates or may relate, is in respect of things whose v alue
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 imprisonme nt
exceeding three years:
Provided that the decision of a magistrate not to hold an
inquest under this sub-article shall not preclude, in respect o f the
fact or facts in relation to which such decision was taken, theinstitution or continuation of criminal proceedings for an offe nce
which is more serious, either owing to its nature or to the amo unt
involved or for any reason whatsoever, than the offences referr ed to
in this sub-article.
(3) Where the offence to be investigated is theft, other than
theft with violence against the person, the magistrate may, ins tead
of holding in person an inquest on the spot, direct a Police of ficer
not below the rank of inspector to establish the relevant facts , and
  
312              CAP. 9.]                       CRIMINAL CODE  
the officer so appointed and any photographer or other expert
assisting him shall give evidence at the inquiry on the factsinvestigated and established by them and shall produce allphotographs taken and all other articles or documents relevant to
their investigation.
(4) The report, the information or the complaint referred to in
sub-article (1) and in article 551(1) may be laid verbally befo re the
magistrate but in every case the same report, information orcomplaint shall be laid in writing before the magistrate within  the
period of two working days from the day on which they were laidverbally:
Provided that the magistrate may, when he deems it proper
so to do, proceed in accordance with the provisions of this Tit le
notwithstanding that the report, the information, or the compla int
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 Attorn ey
General or a police officer the report, information or complain t
shall contain a clear designation of the person suspected to ha ve
committed the offence (hereinafter in this article referred to as "the
suspect"). The Magistrate shall order the report, information o r
complaint, as the case may be, to be served upon the suspectallowing him time to reply and upon the lapse of such time shal l
decide whether to hold the inquest. The Magistrate shall decide  to
hold the inquest only after having established that the necessa ry
pre-requisites for the holding of such an inquest exist.
(4B) The decision of the Magistrate under sub-article (4A) shall
be served on the person who made the report, information orcomplaint and upon the suspect. Any one of them may, within twoworking 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 w ith
urgency.
(4C) In every case where an inquest is to be held under the
provisions of sub-articles (4A) and (4B) the Magistrate whoconducts the inquest shall be chosen by lot from among all theMagistrates.
(5) A copy of the report, information or complaint referred to
in sub-article (1) and article 551(1) shall be transmitted by t he
magistrate to the Attorney General within the period of threeworking days from when the magistrate shall have received suchreport, information or complaint in writing.
(6) The decision not to hold an inquest in terms of sub-article
(2) shall likewise be notified to the Attorney General within t he
period of three working days from such decision.
                         CRIMINAL CODE               [CAP. 9.            313
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 .131.547. (1) The inquest shall be held by a magistrate.
or, in certain 
cases before the Court of Magistrates (Gozo), by registrar of that court.(2) Whenever the magistrate assigned to the Court of
Magistrates (Gozo) is temporarily absent from Gozo with thepermission of the Minister responsible for justice, or is, thro ugh a
lawful impediment, precluded from performing his duties, theinquest and all proceedings connected therewith may, with theconsent of the Attorney General, be held by the registrar who s hall
for such purpose have all the powers and duties conferred by th is
Title upon a magistrate.
Procès-verbal  of 
inquest. 
Amended by: 
XIII.1980 .20; 
XXXII.1986 .9; 
XXIX.1990 .25;
XXIV .2014 .64.548. (1) The necessary experts shall be employed for the
purposes of the inquest, and a procès-verbal  thereof shall be drawn
up:
 Provided that the magistrate may, where he deems it to be
so expedient, empower the experts to receive documents and toexamine witnesses on oath and to take down their depositions inwriting 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 pur pose
of examining witnesses on oath and taking down their deposition s
in writing and establishing the relevant facts, where the offen ce to
be investigated is one which carries a maximum term ofimprisonment of seven years or more.
(2) Experts employed in the inquest for the purpose of
collecting and examining any dactyloscopic data and samples foranalyzing human DNA shall transmit to the Executive Policecopies of the dactyloscopic data and DNA profiles together withany other information related to the dactyloscopic data and DNAprofile.
For the purpose of this article:
"dactyloscopic data" means fingerprint images, images of
fingerprint latents, palm prints, palm print latents, writers p alm
prints and writers palm print latents; and
"DNA profile" means a letter or number code which represents a
set of identification characteristics of the non-coding part of  an
analysed human DNA sample, that is the particular molecularstructure at the various DNA locations (loci).
  
314              CAP. 9.]                       CRIMINAL CODE  
Signatures to 
procès-verbal. 
Amended by: 
X.1858.1; 
XIII.1980 .21.549. (1) The procès-verbal  shall be signed by the magistrate or
officer holding the inquest.
Report of 
experts and depositions of witnesses to be annexed to procès-verbal.(2) If the experts employed shall express their opinion in a
written report duly confirmed on oath, such report shall be ann exed
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 .
Mode of taking 
deposition of witnesses.(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;
XXIV .2014 .65.550. (1) The procès-verbal , if regularly drawn up, shall be
received as evidence in the trial of the cause, and the witness es,
experts or other persons who took part or gave evidence during the
Magisterial inquest shall not be produced to give evidence in t he
inquiry before the Court of Magistrates as court of criminal in quiry
during the compilation stage.
(2) Nevertheless during the period for the conclusion of
compilation of evidence referred to in article 401(1) up to the  time
when the court decides whether t here exist enough reasons for t he
accused to be indicted for an offence as referred to in article  401(2)
or not, it shall be lawful for the Police, with the special per mission
of the Court of Magistrates as a court of criminal inquiry to c all
upon any person referred to in sub-article (1) to give evidenceduring the compilation proceedings before the same court onmatters which are duly specified and mentioned by the court in its
special permission; so however that after the conclusion of thecompilation stage in accordance with article 402(1) and after t he
court will have decided whether there are enough reasons for th e
accused to be indicted for an offence as referred to in article  401(2)
or not, the Attorney General may require the presence of any ofthose persons in accordance with the provisions of article 405 in
order for them to give replies on specific matters indicated by  the
Attorney General in his written request. The person summoned ma y
also request the presence of any one of those persons for thepurpose of the cross-examination.
Duty of 
Attorney 
General to 
include in his list of witnesses, the experts and witnesses examined at the inquest.(3) The court shall also, for the like effect, have power to ord er
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 wit hin
the jurisdiction of the Criminal Court, be included in the list  of the
witnesses of the Attorney General, to be, if necessary, examine d.
Production at 
trial of documents and articles exhibited at inquest.(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 produc ed
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, informat ion
                         CRIMINAL CODE               [CAP. 9.            315
or complaint, a list of the witnesses heard and evidence collec ted,
and a final paragraph containing the findings of the inquiringmagistrate.
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 a rticle
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 disco very
of the document, the magistrate shall draw up a report stating the
reason for the delay, and this report shall be transmitted by t he
magistrate to the Attorney General not later than three workingdays 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 sh all draw up another report stat ing
again the reason for the delay, and every such subsequent repor t
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 s ub-
article (1) every interested person may by application request the
magistrate to be heard as a witness, or to hear as witnesses th e
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 information about the inquest as may be requested by the
Attorney General who moreover shall, at all times, have access to
the record of the proceedings of the inquest and to all documen ts
and material objects exhibited in the course of the inquest inc luding
the reports of experts and depositions of witnesses.
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. 260.551. (1) In cases of sudden or violent or suspicious death or of
death whereof the cause is unknown, a report thereof shall be m ade
by the Executive Police to a magistrate; the magistrate shall h old an
inquest on the body for the purpose of ascertaining the cause o f
death and shall, for that object, take all such evidence as may  be
possible for him to procure; after taking all the evidence, themagistrate shall draw up and sign a procès-verbal stating his
finding as to the cause of death.
(2) Whenever a person dies while he is imprisoned or detained
in any place of confinement contemplated in the 
Prisons Act, or
while he is in Police custody, an inquest shall be held and a procès-
verbal  shall be drawn up for the purposes of and in accordance with
the provisions of sub-article (1).
(3) The provision of the last preceding sub-article shall also
apply whenever a person dies in Mount Carmel Hospital while he is
kept there under an order of a court made pursuant to sub-artic le (3)
of article 525 or to article 623(1) or for the purpose of his b eing
examined by experts appointed by the court to report on the ple a of
insanity.
(4) Notwithstanding the provisions of sub-article (1), in cases
of sudden death or of death the cause whereof is unknown, themagistrate may, instead of holding in person an inquest on the
  
316              CAP. 9.]                       CRIMINAL CODE  
body, and without prejudice to his powers under article 552, ac t as
provided in article 546(3), and where he so acts the provisions  of
that sub-article shall, mutatis mutandis , apply.
(5) The provisions of article 547(2) shall apply to inquests hel d
for the purpose of this article.
Autopsy.  
Substituted by: 
XIII.1980 .24.552. (1) The magistrate may, where necessary, order the
dissection and the internal examination of the body.
(2) For the purposes of this article and of article 551(1), the
magistrate may appoint a medical expert or experts and he may a lso
empower such expert or experts to hear evidence on oath forestablishing the identity of the body and to ascertain the caus e of
death.
Exhumation of 
body.553.  If the body has been buried, it shall be lawful for the
magistrate to order the disinterment thereof with all dueprecautions, if such disinterment can be effected without preju dice
to the public health.
Powers of 
magistrate holding inquest. 
Amended by: 
XXIX.1990 .27;
III.2002 .133.554. (1) It shall be lawful for the magistrate to order the arrest
of any person whom, at any inquest, he discovers to be guilty, or
against whom there is sufficient circumstantial evidence, as we ll as
to order the seizure of any papers, effects, and other objectsgenerally, which he may think necessary for the discovery of th e
truth. It shall also be lawful for the magistrate to order any search
into any house, building or enclosure, although belonging to an y
other person, if he shall have collected evidence leading him t o
believe that any of the above objects may be found therein.
(2) It shall also be lawful for the magistrate to order that any
suspect be photographed or measured or that his fingerprints betaken or that any part of his body or clothing be examined byexperts appointed by him for the purpose:
Provided that where the magistrate is of the opinion that
such photographs (negatives and prints), fingerprint impression s,
records of measurements and any other thing obtained from thebody or clothing as aforesaid are no longer required for the pu rpose
of the inquiry relating to the " in genere ", he shall order their
destruction or shall order that they be handed over to the pers on to
whom they refer.
(3) In any proceedings under this Title the magistrate shall
have the same powers and privile ges of a magistrate presiding t he
Court of Magistrates as court of criminal inquiry.
Procedure to be 
followed in cases where material object no longer exists, etc.555. If the subject-matter of the offence no longer exists, or for
some cause cannot be viewed, or if the nature of the offence is  such
that it could not leave any permanent traces, or if the traces shall
have been in any manner destroyed, then there shall be ascertai ned
in the inquiry, the actual state of the object, and, as far as possible,
the state in which it was before it became the subject-matter o f the
offence; and any evidence on these points shall be taken down i n
writing and shall form part of the inquiry:
Provided that where the traces shall have been destroyed,
                         CRIMINAL CODE               [CAP. 9.            317
there shall also be ascertained, as far as practicable, the mod e and
the cause of their disappearance, and all evidence, tending to prove
that the offence was actually committed, shall also be collecte d.
Formalities to be 
observed at inquiry into forgery ofwritings. 
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
other circumstance which may point to the alteration of thedocument.
(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 registra r,
and also, where practicable, by the witnesses and experts emplo yed
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 personappointed by him for such purpose which copy shall be kept in t he
custody of the registrar. The registrar shall produce such copywhenever requested by any court of criminal justice.
Procedure to be 
followed in connection with the production of the document averred to be false.557. (1) When the document averred to be false is deposited in
any public office or with any private person, the inquiringmagistrate shall order such document to be produced in courtwithout delay.
(2) The person with whom the document is deposited is bound,
under pain of arrest, to produce it, and in default of producti on, it
shall be lawful to effect a search for the document and to deta in
such person until he produces the document, or until suchdocument is seized, or until such time as the court may thinkproper, regard being had to his disobedience and to the importa nce
of the case.
(3) Nevertheless, any private person, who is in possession of
any private writing averred to be false, may not be compelled t o
produce such writing, unless he shall have been previouslysummoned 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 sha ll
order that the said person be compelled to produce the privatewriting, even by arrest or search, and by detaining such person  until
he produces the private writing, or until the private writing i s
seized, or until such time as the court may think proper, regar d
being had to his disobedience and to the importance of the case .
"Repertus ". 558. (1) On the discovery of any document relating to any
offence, steps shall be taken to secure the existence andpreservation thereof, and a procès-verbal,  to be known as
"repertus ", shall be drawn up.
  
318              CAP. 9.]                       CRIMINAL CODE  
Definition of 
"document".(2) The expression "document" includes any paper and any
material object which may furnish information, explanation, orother evidence about the offence, or about the guilt or innocen ce of
the accused.
Procedure in 
investigations relating to the "in genere " or in 
the drawing up of a " repertus ''.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 competent to ascertain the traces left by the offence, thecondition and particulars of the permanent fact, the material m eans
by which probably the offence was committed, the effects produc ed
by the offence, the further effects which the offence might pro duce,
and their probable duration.
Employment of 
experts.560. For the purpose of any " repertus " relating to any weapon or
other thing which appears to have served for the commission of the
offence or to have been intended for use in the commission of t he
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 tru th,
there shall be brought or summoned to attend on the spot person s
qualified in the particular art or trade, in order to establish  the
nature, the condition or use of the thing forming the subject-m atter
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 thei r
opinion as provided in the last two preceding articles.
Time allowed to 
experts to prepare opinion. 
Amended by: 
I.1903.31.562. If the expert is unable to give his opinion on the spot, or if
the matter requires some chemical experiment or other scientifi c
process, he shall be allowed a short time for preparing his sta tement
or report, care being always taken to secure the proof of the i dentity
of the things.
Ascertainment 
of circumstances relating to permanent fact. 
Amended by:
VI.1871.35.563. 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 byother witnesses, if their examination be sufficient to discover  and
establish the permanent fact the proof whereof it is necessary to
secure.
Opinion of 
experts to be 
confirmed on 
oath. 
Amended by: 
VIII.1857.17; XXX.1934.17.564. (1) Every statement of the experts shall be made or
confirmed on oath to be taken before the inquiring magistrate.
Appointment of 
experts.(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 connec tion
with any " repertus ":
(a) if the thing is by its nature liable to alteration or decay,
the requisite surveys and the most accurate
                         CRIMINAL CODE               [CAP. 9.            319
descriptions thereof shall be made in terms of the
preceding articles of this Title; such part of the thingas 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 ofthe officer and all other persons taking part in theproceedings, and it shall be then wrapped up in a paperor 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, andthen made secure in the presence of all the personstaking part in the proceedings; 
(d) the wrapper, receptacle, or door of the room, shall be
made secure with strips of paper or cloth, which shallbe sealed and then signed by the officer and all otherpersons taking part in the proceedings; 
(e) if it becomes necessary, for the ends of justice, to
reopen the wrapper, receptacle, or room, it shall bereopened, where possible, in the presence of thepersons who had previously taken part in theproceedings, and be again made secure in the presenceof the same, or, where this cannot be convenientlydone, in the presence of other persons, steps beingtaken to secure it as far as practicable in its formercondition.
(2) In all cases, a procès-verbal  shall be drawn up.
Powers of 
magistrate during the collection of evidence relating to the  
"in genere " or 
"repertus ".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 h eld.
Court may order 
closed doors to be forced open.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 magi strate
to order the said door to be forced open. 
Discretion of 
investigating officer in certain cases.568. (1) When any of the precautions and formalities
prescribed under this Title for ascertaining or establishing an y fact,
cannot be conveniently taken or observed, it shall be left to t he
discretion of the officer charged therewith to take any othermeasures which he considers best in the circumstances.
(2) Nevertheless, the omission of any such precaution or
formality shall be no bar to proving, at the trial, in any mann er
allowed by law, the facts to which such precaution or formalityrelates.
  
320              CAP. 9.]                       CRIMINAL CODE  
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;
XLI.2020. 6.569. (1) The record of any proceedings under this Title shall,
where no criminal inquiry has taken place thereon, be transmitt ed
by the magistrate to the Attorney General within the period of three
working days.
(2) The Attorney General shall return any such record to the
magistrate or to the inquiring magistrate when any furtherinvestigation is to be held.
(3) Where such record is returned to the magistrate, the
provisions of article 550A shall, mutatis mutandis , apply.
(4) For the purpose of sub-article (2), such record shall be
returned by means of a note filed in the Court of Magistrates, and,
notwithstanding anything contained in this Code, the AttorneyGeneral shall not be subpoenaed to exhibit such record.
(5) Where in the proces-verbal  the magistrate shall have
ordered that a person be arraigned in court on any one or morecharges, the magistrate shall order that a copy of the same pro ces-
verbal shall be transmitted by the registrar to the Commissione r of
Police who, saving the provisions of sub-article (6), shall pro ceed
accordingly.
(6) Notwithstanding the provisions of sub-article (5), in case o f
doubt the Commissioner of Police may consult with the AttorneyGeneral who may direct that no proceedings are to be taken or t hat
the proceedings to be taken are to be for a charge or for charg es
different from those specified by the magistrate 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, the provisions of sub-arti cle (4) of
article 541 shall apply.
Title III
OF COUNSEL FOR THE ACCUSED
Duties of 
Advocate for 
Legal Aid. 
Amended by: 
XXI.1971.27.Substituted by:
III.2002 .135.570. (1) The Advocate for Legal Aid shall gratuitously
undertake the defence of any accused who has briefed no otheradvocate or who has been admitted to sue or defend with thebenefit of legal aid in any court mentioned in this Code.
(2) The request for the assistance of the Advocate for Legal
Aid or for the benefit 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 hi mself
of the benefit of legal aid that court shall cause the declarat ion
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
                         CRIMINAL CODE               [CAP. 9.            321
accused, be served on the Advocate for Legal Aid who within two
working days shall file a reply indicating if the request of th e
accused has been accepted and if so the name of the Advocate fo r
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 Judicatu re
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 proceedi ngs
provided that before filing any such appeal he shall consult th e
Advocate for Legal Aid who may, at any time, decide to take ove r
the appeal.
Cap. 12.(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 tha t the
accused be represented by another advocate, who is not himselfexcusable, to be appointed by the Court on the recommendation o f
the Advocate for Legal Aid from the panel of advocates mentione d
in article 91 of the 
Code of Organization and Civil Procedure
provided that the court may in exceptional circumstances to bestated in its decree order any other advocate to take up the de fence
of the accused.
 (6) The advocate appointed by the court in the exceptional
circumstances referred to in sub-art icle (5) shall render his s ervices
gratuitously.
Incompatibility 
of defence of more than one accused. 
Amended by:
XXI.1971.27;
III.2002 .136.571. (1) If an advocate who has undertaken the defence of
more than one accused finds that the defence of one or more of the
accused is incompatible with the interests of one or more of th e
other accused, he shall be bound to give up forthwith the defen ce of
that or those accused which may be incompatible with the defenc e
of that or those of the other accused which he intends to retai n.
(2) The provisions of sub-article (1) shall apply in the case
where the Advocate for Legal Aid, by reason of any lawfulimpediment, is unable to undertake, or to undertake alone, thenecessary defence.
Communication 
of appointment to advocate concerned.
Amended by:
III.2002 .137.572. Any appointment made in terms of article 570(4), shall be
communicated to the advocate concerned by the registrar. Theappointment must be accepted or declined in writing; in the lat ter
case, the reasons for the refusal must be stated.
Where advocate 
declines appointment.573. (1) If the advocate appointed by the court declines to
accept the appointment, the cour t shall examine the reasons of the
refusal and, if found sufficient, shall proceed to the appointm ent of
another advocate; otherwise, it shall declare that there are nogrounds for the refusal.
Penalties. (2) If the advocate persists in his refusal, the court shall,
according to circumstances, by way of a disciplinary measure,either admonish him with closed doors, or reprimand him in opencourt, or suspend him from the exercise of his profession for a
  
322              CAP. 9.]                       CRIMINAL CODE  
period not exceeding one month. It shall also be in the power o f the
court to inflict the said disciplinary penalties cumulatively.
Title IV 
OF BAIL
Bail. 
Amended by: 
IV .1897.1;XVI.1921.8; L.N. 46 of 1965; LVIII.1974.68;
III.2002 .138.574. (1) Any person charged or accused who is in custody for
any crime or contravention may, on application or as provided i n
article 574A, be granted temporary release from custody, upongiving sufficient security to appear at the proceedings at theappointed time and place under such conditions as the court mayconsider proper to impose in the decree granting bail which dec ree
shall in each case be served on the person charged or accused.
Power of 
President of Malta in special cases.(2) It shall also be lawful for the President of Malta, in speci al
cases, to grant temporary release to any accused person who is in
custody for any crime or contravention, subject to such conditi ons
as the President of Malta may think fit to impose. In default o f
observance by the accused of any of such conditions he shall beliable to be re-arrested forthwith.
Proceedings 
where a person is first brought before the Court of Magistrates.
Added by:
III.2002 .139.
Amended by:
XIII.2018 .24.574A. (1)  When the person charged or accused who is in
custody is first brought before the Court of Magistrates, wheth er as
a court of criminal judicature or as a court of criminal inquir y, the
Court shall have the charges read out to the person charged oraccused and, after examining the person charged as provided inarticle 392 as the proceedings may require, shall summarily hea r
the prosecuting or arraigning officer and any evidence produced  by
that officer on the reasons supporting the charges and on thereasons and circumstances, if any, militating against the relea se of
the person charged or accused.
(2) After hearing the prosecuting or arraigning police officer
and any evidence produced as provided in sub-article (1) the co urt
shall inform the person charged or accused that he may betemporarily released from custody on bail by the court underconditions 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 favo ur 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 hea ring
the person charged or accused as provided in sub-article (2) of  this
article, ask the prosecuting or arraigning officer whether he h as any
submissions to make on the question of temporary release fromcustody 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 hea ring
the person charged or accused as provided in sub-article (2) of  this
article, ask the prosecuting or arraigning officer whether he a nd the
                         CRIMINAL CODE               [CAP. 9.            323
Attorney General and if applicable, the injured party have any
submissions, in writing or otherwise, to make on the question o f the
temporary release from custody of the person charged or accusedand the latter shall be allowed to respond.
(5) At the end of submissions as provided in the preceding sub-
articles of this article the court shall review the circumstanc es
militating for or against detention.
(6) If the court finds that the continued detention of the perso n
charged or accused is not founded on any provision of this Code  or
of any other law which authorises the arrest and detention of t he
person in custody it shall unconditionally release that person from
custody.
(7) If the court does not find cause to release unconditionally
the person charged or accused under the provisions of sub-artic le
(6) it may nevertheless, saving the provisions of article 575(1 ) and
unless release is prohibited by any provision of law, release t hat
person from custody on bail subject to such conditions as it ma y
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 pers on into custody and the provisi ons
of article 575(11) shall apply. 
(9) Where the court orders the release from custody of the
person charged or accused, whether unconditionally or on bailsubject to conditions, under any of the provisions of this arti cle the
decision of the court to that effect shall be served on the Att orney
General by not later than the next working day and the AttorneyGeneral may apply to the Criminal Court to obtain the re-arrest  and
continued detention of the person so released or to amend theconditions, including the amount of bail, that may have beendetermined by the Court of Magistrates.
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 .140.575. (1) Saving the provisions of article 574(2), in the case
of - 
(i) a person accused of any crime against the safety
of the Government, or
(ii) a person accused of any crime liable to the
punishment of imprisonment for life,
the court may grant bail, only if, after taking into considerat ion all
the circumstances of the case, the nature and seriousness of th e
offence, the character, antecedents, associations and communityties of the accused, as well as any other matter which appears to be
relevant, it is satisfied that there is no danger that the accu sed 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
  
324              CAP. 9.]                       CRIMINAL CODE  
bail; or 
(d) will interfere or attempt to interfere with witnesses or
otherwise obstruct or attempt to obstruct the course ofjustice in relation to himself or to any other person; or 
(e) will commit any other offence.
Application for 
bail.(2) At any stage other than that referred to in article 574A, th e
demand for bail or any demand for the variation of the conditio ns
of bail after bail has been granted, shall be made by an applic ation,
a copy whereof shall be communicated to the Attorney General onthe 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’simprisonment;
(c) persons accused of any crime punishable with more
than three years’ imprisonment.
Objection by 
Attorney 
General.(3) The Attorney General may, within the next working day, by
a note, oppose the application, stating the reasons for hisopposition.
When bail may 
not be refused.(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 b ail to
the person in custody or subsequently amends the bail condition s,
the decision of the court to that effect shall be served on the
Attorney General by not later than the next working day and theAttorney General may apply to the Criminal Court to obtain the re-
arrest and continued detention of the person so released or toamend the conditions, including the amount of bail, that may ha ve
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 necessar y
inquiry, the Attorney General has not either - 
(a) filed the indictment, or
(b) sent the accused to be tried by the Court of Magistrates
as provided in paragraph of article 370(3)( a) or in
article 433(5) or in similar provisions in any other law
within the terms specified in sub-article (6), to run from the day on
which the person accused is brought before the said court, or f rom
the day on which he is arrested as provided in article 397(5), that
person shall be granted bail.
(6) (a) The terms referred to in the preceding sub-article are:
(i) twelve months in the case of a crime liable to the
punishment of imprisonment of less than fouryears;
(ii) sixteen months in the case of a crime liable to
                         CRIMINAL CODE               [CAP. 9.            325
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 ormore.
(b) The terms mentioned in paragraph ( a) shall be held in
abeyance for the corresponding period during whichthe terms referred to in articles 401, 407 and in article432(3) are held in abeyance for any of the reasonsmentioned in article 402(1) and (2), as well as for suchperiod during which the court is unable to proceedwith the inquiry except after the determination of anyissue before any other court.
(c) The terms mentioned in paragraph ( a) shall also be
held in abeyance for the corresponding period duringwhich the record of the inquiry is with the Court ofMagistrates for the examination of witnesses asprovided in article 405(5).
(7) Bail shall also always be granted to a person accused of an
offence unless, within the terms specified in sub-article (9), to run
as provided in sub-article (8), there has been a final judgmentacquitting, convicting or sentencing the person so accused.
(8) The terms specified in sub-article (9) shall run: 
(a) where no inquiry has taken place, from the day when
the person accused has been brought before the Courtof Magistrates or from the day on which he has beenarrested 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 anyother law, or from the day of the filing of theindictment:
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 t he
indictment.
(9) ( a) The terms referred to in sub-articles (7) and (8) are:
(i) four months in the case of a contravention or of
a crime liable to the punishments established forcontraventions or to imprisonment for a term notexceeding six months;
(ii) eight months in the case of a crime liable to the
punishment of imprisonment for a termexceeding six months but not exceeding fouryears;
(iii) twelve months in the case of a crime liable to the
punishment of imprisonment for a termexceeding four years but not exceeding ten
  
326              CAP. 9.]                       CRIMINAL CODE  
years; 
(iv) twenty-four months in the case of a crime liable
to the punishment of imprisonment for a termexceeding ten years but not exceeding fifteenyears;
(v) thirty months in the case of a crime liable to the
punishment of imprisonment for a termexceeding 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 exceptafter the determination of any issue before anyother court of for any of the reasons mentionedin article 402(1) and (2);
(ii) for the corresponding period during which the
record of the inquiry is with the Court ofMagistrates for the examination of witnessesdemanded by the accused as provided in article406;
(iii) for such period as the case is before the Court of
Criminal Appeal on an appeal entered by theaccused from an interlocutory decree or on anappeal entered by the accused or by the AttorneyGeneral as provided in article 499;
(iv) where the cause has been adjourned at the
request of the accused or his counsel, for theperiod from the date of the request to the date ofthe next hearing.
(10) The provisions of sub-articles (5) and (7) shall not apply  if
at the time the request for bail is made or within a week there after
the indictment shall have been filed, or when a warrant of arre st
against the person accused has been issued as provided in artic le
579, whether in the same or in any other cause still pending ag ainst
him before any court of criminal justice.
Court to state 
reasons.(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 .15.575A.  (1) Saving the provisions of article 574A(6) but
notwithstanding any other provision of this Code or of any othe r
law, where the Court of Magistrates at any time orders thetemporary release from custody of a person who -
(a) is charged with a scheduled offence and with being a
recidivist in terms of articles 50 and 51; and
(b) has been previously found guilty of a scheduled
offence by means of a judgment which has become res
judicata ,
the order of the Court shall be given in open court on a date
previously notified to the prosecution and the person charged a nd
                         CRIMINAL CODE               [CAP. 9.            327
shall be served on the Attorney General by not later than the n ext
working day.
(2) The Attorney General may, not later than the next working
day following the date of service of the order of the Court ofMagistrates, apply to the Criminal Court for the revocation oramendment of the order and the Criminal Court shall appoint theapplication for hearing not later than two working days from th e
filing of the application. The Criminal Court shall give its de cision
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 besuspended during the period allowed to the Attorney General toapply to the Criminal Court under this article and, following s uch
application, until the Criminal Court gives its decision thereo n.
(4) The provisions of article 575(1) shall apply also in the cas e
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.
Amount of 
security. 
Amended by: 
IV .1897.2.576. The amount of the security shall be fixed within the limits
established by law, regard being had to the condition of the ac cused
person, the nature and quality of the offence, and the term of the
punishment to which it is liable.
Different modes 
of security.
Amended by:
IV .1897.3; L.N. 46 of 1965;LVIII.1974.68;
VIII.1990 .3;
III.2002 .141.577. (1) Security for bail is given by the production of a
sufficient surety who shall enter into a written recognizance i n the
sum fixed.
(2) It may also be given, whenever the court shall deem it
proper, by the mere deposit of the sum or of an equivalent pled ge,
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 crimin al
judicature in terms of article 370(1) and article 371(2), it sh all be
lawful for the court, if it deems it expedient so to do, to exe mpt the
accused, while the case is pending, from any of the modes ofsecurity 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 th e
absence of opposition on the part of the Attorney General, beexempted from any of the modes of security mentioned in thisarticle, where it appears from a certificate under the hand of the
Commissioner of Police that they are poor and of good moralcharacter.
Effect of 
security. 
Amended by: 
XII.1914.13; L.N. 46 of 1965; LVIII.1974.68.578.  The effect of the security for bail shall be the temporary
release from custody of the person charged or accused:
Provided that it shall be lawful for the court, at any
subsequent stage of the proceedings, on the demand of the Polic e or
the Attorney General, as the case may be, on good cause beingshown, and after hearing the person charged or accused, to depr ive
him of the benefit of such temporary release, and to order his re-
  
328              CAP. 9.]                       CRIMINAL CODE  
arrest.
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;
VIII.2015 .36.579. (1) If the person charged or accused fails to appear when
ordered by the authority specified in the bail bond, or fails t o
observe any of the conditions imposed by the court in its decre e
granting bail, or absconds or leaves Malta, or while on bailcommits any crime not being one of an involuntary nature, orinterferes or attempts to interfere with witnesses or otherwiseobstructs or attempts to obstruct the course of justice whether  in
relation to himself or any other person, the sum stated in the bail
bond shall be forfeited to the Government of Malta, and, moreov er,
a warrant of arrest shall be issued against him:
Provided that this article shall not apply where the court
considers that the infringement of the condition imposed in thedecree 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 guilt y of an
offence and shall, on conviction, be liable to the punishment o f a
fine ( multa ) or to a term of imprisonment from four months to two
years, or to both such fine and imprisonment and the sum stated  in
the bail bond shall be forfeited to the Government of Malta.
(3) Notwithstanding the provisions of any law, any person
charged with any offence as mentioned in sub-article (2) shall be
arraigned in Court under arrest, and it shall be lawful for the  Police
to request in the same proceedings the revocation of bail and t he re-
arrest of such person. The proceedings for an offence under sub -
article (2) shall be taken by the Police and shall be decided b y the
Court with urgency.
(4) It shall be lawful for the Police to enter into any premises  in
order to ensure that the conditions imposed by the court asmentioned in sub-article (1) are being observed. It shall also be
lawful for the Police to arrest without warrant any person susp ected
of an offence under sub-article (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 .143.580. (1) The person charged or accused shall be admitted to
bail by the Court of Magistrates or by the Criminal Court, unde r the
authority of which, as the case may be, he is or is to be detai ned.
When bail may 
be applied for.(2) The demand for bail may be made at any stage of the
proceedings subsequent to the taking down in writing of thecomplaint or report and the examination referred to in article 390,
and any such demand may be made not only during the inquiry, bu t
also to the judge sitting in the Criminal Court after the accus ed has
been committed for trial or after the filing of the indictment,  even
though bail had not been granted to him by the Court ofMagistrates.
                         CRIMINAL CODE               [CAP. 9.            329
Mode of 
applying for bail before the Criminal Court,(3) The demand for bail before the Criminal Court shall be
made by an application whereupon the court shall, if theapplication, 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.
before Court of 
Magistrates.(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.581. In the case referred to in article 579, the party arrested
shall not be admitted to bail a second time in the same cause. 
Bail not to be 
granted by the court ex officio.582. (1) The court may not ex officio  grant bail, unless it is
applied for by the person charged or accused.
Court may 
require previous notice of proposed surety.(2) The court may require a previous notice of twenty-four
hours of the proposed surety.
Power of court 
to extend time for appearance of accused.(3) It shall be lawful for the court, on just cause being shown,
to extend the time originally appointed for the appearance of t he
person charged or accused.
Right of surety 
to be released from his recognizance in certain cases. 583.  If a surety has reason to suspect that the person charged or
accused is about to escape, he may, on showing to the ExecutivePolice sufficient grounds for his suspicion, cause the personcharged or accused to be again arrested, and thereby release hi mself
from his bond:
Provided that the person charged or accused may again be
bailed, if he gives new security.
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 .584.  The amount of the security shall be regulated as follows: 
In the case of contraventions, other than the contravention ref erred
to in article 338( t), the amount of the security shall be from four euro
and sixty-six cents (4.66) to nine  euro and thirty-two cents (9 .32); in
the case of the contravention referred to in article 338( t) or of any
crime punishable with detention, or with less than one year’simprisonment, the amount of the security shall be from forty-si x euro
and fifty-nine cents (46.59) to twenty-three thousand and two h undred
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 e uro and forty-seven cents (116.47 ), as
the court shall deem, in the circumstances, sufficient to ensur e as far
as possible that the person charged or accused will appear as p rovided
by law.
Recovery of 
bail. Amended 
by: VIII.1857.18.585. (1) For the recovery of the sum fixed in the bail bond in
the case referred to in article 579, the court before which the  person
charged or accused was bound to appear, shall, as the case may be,
either issue and enforce a warrant of seizure or of arrest agai nst the
surety until payment is effected, or declare the deposit to beforfeited in favour of the Government of Malta, or, in case ofpledge, order the sale thereof.
  
330              CAP. 9.]                       CRIMINAL CODE  
(2) The provisions of sub-article (1) shall also apply to the
party charged or accused if such party was bound together with his
surety, whether jointly and severally or otherwise, or if therecognizance was entered into by the party charged or accusedalone, notwithstanding that such party was arrested, sentenced,  or
acquitted in respect of the offence for which he had been baile d.
Detention for 
non-payment of sum of recognizance.  
Amended by: 
IV .1874.11; 
XXIX.1990 .31;
L.N. 407 of 
2007 ;
XXI.201 1.46.586. (1) Any person who is arrested for non-payment of the
sum in which he bound himself, shall be detained for a period n ot
exceeding one day for every eleven euro and sixty-five cents (1 1.65)
of that sum, whether such person is the person charged or accus ed
or the surety:
Provided that in no case shall detention for non-payment of
the sum in which a person has bound himself exceed six months i f
the amount is not higher than seven thousand euro (7,000), one year
if the amount is not higher than thirty thousand euro (30,000),eighteen months if the amount is not higher than eighty thousan d
euro (80,000) and two years if it is higher than eighty thousan d euro
(80,000).
(2) If the person so detained has no means of his own with
which to maintain himself, he shall be maintained by theGovernment, in which case he may be compelled to work like othe r
prisoners subjected to work, and may be kept in any prison.
Substitution of 
surety in certain cases.
Amended by:
III.2002 .144.587. If the surety dies or leaves Malta, even temporarily, or
becomes bankrupt, the person charged or accused must find a newand sufficient surety. In default, he shall be arrested.
Title V
OF THE INDICTMENT
Form of 
indictment. 
Amended by: 
Order-in-Council of 1899, s.7; XVI.1932.9; L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.40.588.  In the case of offences within the jurisdiction of the
Criminal Court, the indictment shall be drawn up in writing andsigned by the Attorney General.
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.
XI.2018. 25.589.  The indictment shall be made in the name of the
Republic of Malta and shall - 
(a) specify the court before which it is preferred; 
(b) contain a clear indication of the person accused;
(c) state the facts constituting the offence with such
particulars as can be given relating to the time andplace in which the facts took place and to the personagainst whom the offence was committed, togetherwith all such circumstances as, according to law and inthe opinion of the Attorney General, may increase or
                         CRIMINAL CODE               [CAP. 9.            331
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 bythe law, and with the demand that the accused beproceeded against according to law, and that he besentenced to the punishment prescribed by law(quoting the article of the law creating the offence) orto any other punishment applicable according to law tothe declaration of guilty of the accused.
Filing of 
indictment. 
Amended by: 
LIII.1981 .9.590. (1) The indictment shall be filed in the registry of the
court, and the registrar shall note down at the foot thereof th e day
on which it is filed.
(2) With the indictment the Attorney General shall also file the
record of the inquiry together with a list of the witnesses,documents and other exhibits which he intends to produce at thetrial.
Joinder of 
charges in the same indictment.591. Charges against two or more persons as principals or
accomplices in the same offence or as guilty of divers offencesconnected with each other, may be joined in the same indictmentand tried at the same trial, even though some one of such offen ces
is of an inferior jurisdiction.
When offences 
are said to be connected.592. Offences are said to be connected - 
(a) if they are committed at the same time by several
persons together;
(b) if they are committed at different times, in different
places, and by divers persons, in pursuance of a pre-concerted plan;
(c) if an offence is committed with the object of procuring
the means for the commission of another offence;
(d) if an offence is committed with the object of
facilitating the commission or completion of anotheroffence, or of ensuring impunity for another offence.
One indictment 
against the same person for more 
offences 
although not connected. 
Amended by: 
XI.1900.86; L.N. 46 of 1965; LVIII.1974.68.593. (1) Several offences committed by the same person,
although not connected with each other, may be joined in the sa me
indictment and tried at the same trial, even if some one of suc h
offences is of an inferior jurisdiction; in any such case, theindictment shall be divided in different counts, in respect of each of
which the provisions contained in article 589 shall be observed .
Court may order 
separate trial. (2) Nevertheless the court may, upon the demand of the
Attorney General, order that such offences be tried separately.
Other cases 
where court may order separate trial.
Amended by: 
XI.1900.86; L.N. 46 of 1965; LVIII.1974.68; III.1976.6. 594. The court may also, upon the demand of the Attorney
General, order a separate trial for each accused, when two or m ore
are joined in the same indictment.
  
332              CAP. 9.]                       CRIMINAL CODE  
Court may order 
joinder of indictments. 
Amended by: 
XI.1900.86; L.N. 46 of 1965; LVIII.1974.68.595.  In the cases referred to in articles 591 and 593, if two or
more indictments have been filed at the same time or at differe nt
times, the court may, upon the demand of the Attorney General,direct that they be joined with a view to their being taken tog ether.
Attorney 
General may include excuse in the indictment. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.596. Where, by reason of any excuse, the decrease of
punishment is to be made within a latitude including two or mor e
degrees, it shall be lawful for the Attorney General in theindictment to demand any of the lesser punishments within suchlatitude, which, according to the evidence before him, he may d eem
applicable to the offence; and in any such case, the AttorneyGeneral shall also specify in the indictment the excuse, and nohigher punishment than that demanded in the indictment may beawarded by the court.
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 .145.597. (1) It shall be in the power of the court, either ex officio ,
or upon the plea of the accused, to make an order for theamendment of the indictment, provided this is done before theaccused pleads to the general issue of guilty or not guilty: bu t
nothing shall be added which might render the offence of a grav er
character.
or upon demand 
of Attorney General.(2) Any such order may also be made upon the demand of the
Attorney General in the case of any error or defect in the
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.(3) Where an amendment of the indictment has been ordered by
the court either ex officio  or upon the demand of the Attorney
General, it shall be lawful for the accused to demand theadjournment of the trial in order that he may prepare his defen ce.
Defects in 
inquiry constituting grounds for impugning indictment.(4) The indictment cannot be impugned on the ground of any
defect in the record of inquiry, nor can the accused demand tha t, on
the ground of any such defect, the trial on the said indictment  be
not proceeded with, unless such defect consists in the total ab sence
of the report of the Police officer or of the examination of th e
accused or of the order committing the accused for trial, or in  the
refusal of the court of criminal inquiry, without just cause, t o hear
the evidence produced by the accused; saving always the right o f
the accused and the Attorney General to oppose the production, at
the trial, of any act tendered in evidence which is not accordi ng to
law.
Want of 
jurisdiction of court of inquiry ratione loci  not 
to constitute ground for impugning indictment.(5) Nor can an indictment be impugned for want of jurisdiction
of the court which held  the inquiry, on the ground that the inq uiry
should have been held by the Court of Magistrates (Malta) and n ot
by the Court of Magistrates (Gozo) or by the Court of Magistrat es
(Gozo) and not by the Court of Magistrates (Malta).
                         CRIMINAL CODE               [CAP. 9.            333
Correction of 
error in name of accused.598. (1) It shall be lawful, by leave of the court, to correct any
error in the name of or other particulars relating to the perso n
accused.
(2) If the accused shall not take exception to any such error
before pleading to the general issue of guilty or not guilty, t he trial
shall be proceeded with as if the name and particulars stated i n the
indictment were truly those of the accused:
Provided that the court shall have power to make, at any
subsequent stage, the addition of the real name or the trueparticulars, should these become known; in which case, the factshall be noted down in the proceedings.
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.1974.68.599. (1) Any error which from the evidence produced at the
trial appears to have been made in the indictment as to thecircumstances of time, place and person, when, where, and again st
whom the offence was committed, or as to the indication ordescription of the things on which the offence was committed, m ay
be ordered by the court to be corrected at any stage of theproceedings up to the time of the verdict of the jury:
Aggravation of 
offence resulting from correction of errors not to be taken into account. Powers of Court.Provided that, in such case, no account shall be taken of any
aggravation of the offence which might result from such correct ion
unless such aggravation was expressly stated in the indictment;  and
the court, if it is satisfied that such correction might haveprejudiced the accused in his defence, may, upon his demand,discharge the jury, and adjourn the cause to another day, for t he
purpose of giving him time to prepare his defence on the indict ment
as amended, provided the accused makes his demand at any stageprevious to the summing-up referred to in article 465 or, if th e
amendment of the indictment is made after the said summing-up,before the verdict of the jury.
Error in the 
quotation of the law.(2) Any error in the reference to the article of this Code or of
any other law prescribing the punishment the application of whi ch
is demanded in the indictment, may be corrected at any stage up  to
the delivery of the judgment.
By whom defect 
or error may be pointed out.(3) Any defect or error referred to in this article may be point ed
out by the Attorney General or by the accused or his advocate o r by
the court  ex officio.
Withdrawal of 
indictment, 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.600. (1) It shall be lawful for the Attorney General to
withdraw any indictment which he may have filed, provided this is
done before the accused pleads to the general issue of guilty o r not
guilty, and in any such case all further proceedings shall be s tayed,
and the accused shall be discharged; but when the accused shallhave pleaded to the general issue of guilty or not guilty, theindictment may not be withdrawn without the consent of theaccused.
not to operate so 
as to bar new proceedings on fresh evidence.(2) In either case, the withdrawal of the indictment shall not
operate so as to bar the taking of entirely new proceedings aga inst
the accused, on the discovery of fresh evidence.
  
334              CAP. 9.]                       CRIMINAL CODE  
Accused may 
not be found guilty of offence not charged in the indictment.601. No person accused may be found guilty of an offence
which is not expressly stated in the indictment, or which is no t
comprised or involved in the indictment in terms of article 467 .
Default of filing 
indictment within prescribed time. 
Amended by:
V .1868.36; L.N. 46 of 1965;LVIII.1974.68;
III.2002 .146.602. Where the indictment is not filed within the prescribed
time, the court may, at the request of the accused, and after h earing
the Attorney General, order the discharge of the accused, and t he
provisions of article 434 shall, mutatis mutandis , apply:
Provided that this provision shall not apply if at the time the
request is made the indictment shall have been filed.
Title VI 
OF JURORS
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;
XIII.2018. 24.603. (1) Every person of the age of twenty-one years or
upwards, residing in Malta and being a citizen of Malta, shall be
qualified to serve as a juror provided such person has an adequ ate
knowledge of the Maltese language, is of good character and iscompetent to serve as a juror.
Disqualification
s.(2) Nevertheless no person who has been found guilty by any
competent court in Malta of any crime liable to imprisonment fo r a
term exceeding one year, or of any of the crimes referred to in  Sub-
title II of Title VII of Part II of Book First of this Code sha ll 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 convicte d
of involuntary homicide or of any other crime against the perso n,
excusable on any of the grounds referred to in article 227, and  in
article 230( a) and (b).
(3) The provisions of sub-article (2) shall apply to any person
who has been found guilty by a competent court of any othercountry of any of the crimes mentioned in the said sub-article or of
any crime which, however described in the law of that country, falls
within the description of any of the said crimes.
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 asjurors;
(d) persons who are under trial for any crime, until the
trial has terminated.
                         CRIMINAL CODE               [CAP. 9.            335
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 .17.604. (1) The following persons are exempt from serving as
jurors:
Members of the House of Representatives, Mayors and Executive
Secretaries of Local Councils, judges, honorary consuls,clergymen, members of the Armed Forces of Malta, personsholding the office of Head of a Government Department and theirdeputies, the magistrates, the Registrar of Courts, officers of  the
Executive Police, professors and full-time teachers of theUniversity, teachers of the secondary, primary and technicalschools, District Medical Officers, health inspectors, the Prin cipal
Probation Officer and Probation Of ficers 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
physician, surgeon or obstetrician actually practising hisprofession, and, in general, any person who has completed thesixtieth 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 exe mpt
from serving as a juror.
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;
XXIV .2014 .66.605. (1) The Commissioner of Police or his representative, the
Senior Magistrate, the Attorney General or his representative, the
President of the Chamber of Advocates and the President of theChamber of Legal Procurators shall, twice a year, attend a meet ing
called by the Director, Criminal Courts and Tribunals, to draw up to
the best of their knowledge - 
(a) a list of persons duly qualified and sufficiently
competent to serve as jurors for the trial of Maltese-speaking persons;
(b) a list of persons who, being duly qualified to serve as
jurors in all respects other than a competentknowledge of the Maltese language, are competentlyversed in the English language so as to be able tounderstand and follow the proceedings conducted inthat 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 t he
trial of English-speaking persons" respectively. The lists shal l be
drawn up in alphabetical order of surnames and shall contain th e
name, surname, profession and residence of each juror.
(3) From the entire number of persons shown on the said lists a
further list shall be drawn up containing the names of personscompetent to serve as foremen. The number of foremen shall notexceed 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
  
336              CAP. 9.]                       CRIMINAL CODE  
August of each year.
(6) Within fifteen days from the publication of the lists, any
person who, possessing the qualifications required by law to se rve
as a juror or special juror, may desire to be registered, or wh o, not
possessing the qualifications required by law to serve as a jur or 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 li able to
serve in the following year, shall be published in the Gazette:
Provided, however, that it shall be lawful for the officials
referred to in sub-article (1) at any time to add to the said l ists 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 t he
provisions of sub-articles (6), (7) and (8) shall apply.
(10)  Supplementary amended lists of jurors and of special juror s
with such corrections as may be ordered by the court shall bepublished in the Gazette.
(11)  Upon the publication of the lists referred to in sub-artic les
(9) and (10), the names of the persons entered on the lists sha ll 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 theforemen of jurors shall be put in two separate boxes and the na mes
of the special jurors and of the special foremen of jurors shal l be
put in two other separate boxes.
(12)  The boxes shall be kept by the registrar under lock and ke y
and shall be opened in the presence of the judge or judges in o pen
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 wh om
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 .19.606. (1) Every month, the registrar shall open the boxes and
draw ten ballots from the box containing the names of the forem en
and forty ballots from the box containing the names of the comm on
jurors:
Provided that the Minister responsible for justice may, by
means of an Order in the Gazette, establish different methods o f
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-sixthpart of the registered jurors, the registrar shall replace in t he boxes
                         CRIMINAL CODE               [CAP. 9.            337
the ballots drawn during the year, bearing the names of the jur ors
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 6 04,
shall not be taken into account and shall be considered as if t hey
had not been drawn. The ballots referring to such persons shall  be
taken away from the boxes.
Publication of 
names in Gazette.(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 o ther
reason so authorised by the court, the registrar may draw andpublish two or more separate lists of names of persons who are to
serve as jurors, each list being drawn and published in accorda nce
with the foregoing provisions of this article, and all the prov isions
of the law shall apply to each and every one of such lists sepa rately.
(7) Whenever in the opinion of the court the number of
foremen or of common jurors, or of both, to be drawn in any mon th
or for the purpose of any partic ular trial (including a trial t hat has
been adjourned for any of the reasons referred to in article 61 3)
should be greater than the number prescribed in sub-article (1)  or in
article 618, the court may order such number of ballots to be d rawn
from the boxes containing the names of the foremen or of thecommon jurors, or of both, as it may deem appropriate.
Application for 
exemption from serving as juror. 
Amended by: 
IV .1856.46; 
IV.1994 .19.607. (1) Any person who is not qualified or liable to serve as a
juror, or who may have special reasons for asking to be exempte d
from serving as a juror, may bring the matter before the court,  by
means of an application to be filed within four days after theservice of the writ mentioned in the next following article.
Court to 
examine application.(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 ano ther
person.
Substitution of 
jurors.(3) Any other person who, on account of absence or for any
other reason, cannot be summoned shall be substituted by anothe r.
Posting up of list 
of substituted jurors.(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.
Application for 
exemption by substituted jurors.(5) Any application by any such substituted person who is not
qualified or liable to serve as juror or has a good reason to b e
exempted from serving as a juror s hall be determined by the cou rt
on the day of the hearing of the cause before the reading out o f the
indictment.
(6) In the case of a person referred to in article 604, a reques t
not to serve as a juror may be made by means of a letter addres sed
to the registrar, and such letter shall be deemed to be an appl ication
for all purposes of this article.
  
338              CAP. 9.]                       CRIMINAL CODE  
(7) Before exempting a person from serving as a juror as
provided in sub-articles (2) and (5) and in article 611(5), the  court
may require to hear on oath the person requesting such exemptio n.
Summoning of 
jurors. 
Amended by:
IV .1856.47;V .1868.37;XII.1913.24;
III.2002 .148.608. (1) Every person whose name is drawn in the manner
provided in article 606, shall be summoned by means of a writ, to
be delivered to the person himself, or, if he cannot convenient ly be
met with, left at his usual place of abode at least four days b efore
the day of the trial.
(2) Any person substituted in accordance with the provisions of
the last preceding article shall be summoned in the same manner  as
provided in sub-article (1) at least two days before the day of  the
trial.
(3) The provisions contained in article 441(3) shall apply to th e
summoning of jurors.
(4) Regulations made under article 362(2) for service by post
shall also apply to the service of the writ referred to in sub- article
(1) of this article and the provisions of sub-articles (3) and (4) of
the said article 362 shall mutatis mutandis  apply to the service of a
writ under this article. A person served with the said writ asprovided in the said regulations or as provided in this sub-art icle
shall be deemed to have been summoned in the manner provided inthis article.
Non-appearance 
of jurors. Substituted by:XIV .1976.4.Penalty.609. Any person summoned in the manner provided in the last
preceding article who, without good cause to the satisfaction o f 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:
Power of court 
to remit penalty.Provided that the court may, on an application to that effect,
remit the fine, if it is satisfied that there was good cause fo r the
non-appearance or withdrawal.
Constitution of 
jury. 
Amended by: 
X.1896.9; 
XIV .1976.5.610. (1) The jury shall be composed of a foreman and eight
common jurors.
Supplementary 
jurors.(2) Nevertheless, if the cause should appear to be of such
nature as to require a long hearing, the court may, before the ballot
of the jurors, order the drawing of not more than six other nam es,
and the jurors whose names shall be drawn after the names of th e
first eight common jurors have been drawn, shall be supplementa ry
jurors, and shall attend at the trial of the cause.
(3) All the provisions of the law relating to the jury and to th e
jurors forming the jury, shall apply to such supplementary juro rs,
but such supplementary jurors shall not be present at nor take part
in any deliberation, save in the case of death or any impedimen t of
any of the other jurors.
(4) The court shall decide as to the lawfulness of the
                         CRIMINAL CODE               [CAP. 9.            339
impediment, and any substitution shall be made in the same orde r
in which the names of the supplementary jurors shall have beendrawn.
Death or 
impediment of foreman of jury.(5) In the case of death or impediment of the foreman, his
duties shall be discharged by one of the other jurors to be app ointed
by the court.
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 .20.611. (1) The jury shall be formed in the following manner: 
The names of the persons summoned to serve as jurors shall be
written on separate ballots of parchment or paper as nearly as may
be equal in shape and size. The registrar shall read aloud in c ourt
first the ballots bearing the names of the foremen and shall pu t
them into a box, then those bearing the names of the commonjurors, which he shall put into another box. Afterwards, havingshaken the box containing the ballots with the names of theforemen, he shall draw one ballot and shall read aloud the namewritten thereon. The person whose name is so drawn, shall comeforward, and the registrar shall ask first the Attorney General  and
then the party accused whether they intend to challenge suchperson.
Challenge of 
jurors. Peremptory or for cause.(2) Challenges may be either peremptory or for cause.
Challenges are peremptory when made without reason assigned,and their effect shall be that the person challenged shall beexcluded from serving as a juror at the trial. Challenges are f or
cause when made by assigning a reason, and their effect shall b e
that, if such reason is approved by the court, the challenge sh all be
allowed and the person shall be excluded; but if the reason ass igned
is not so approved, the challenge shall be disallowed and the p erson
admitted:
Provided that for the purpose of challenging a juror for
cause the Attorney General or the accused may request that thejuror be called to reply on oath to questions to be put to the juror to
establish the reason for the challenge.
Number of 
peremptory challenges 
allowed.(3) The number of peremptory challenges allowed to the
Attorney General and to each of the accused is three; but, wher e the
accused in one cause are more than three, each of them has a ri ght
to two peremptory challenges only.
Challenge made 
by one accused to have effect in respect of other accused.(4) A challenge made by one accused shall have effect also in
respect of the other accused that are to be either contemporane ously
or successively tried by the same jury, notwithstanding that su ch
other accused may not wish to make such challenge.
Power of court 
to exempt juror from serving.(5) Any person may, on good cause being shown, either before
or after his name is drawn, be exempted by the court from servi ng
as a juror.
Drawing of 
other names where persons drawn fail to appear, etc.(6) If any person whose name is drawn does not appear or,
having appeared, is challenged or exempted from serving, othernames shall be drawn in the same order, until a foreman isapproved.
Drawing of 
common jurors.(7) The drawing of the ballots from the box containing the
names of the common jurors shall then take place in the samemanner provided for the drawing of the foreman until eight
  
340              CAP. 9.]                       CRIMINAL CODE  
common jurors and, if the court s hall have so ordered, the numb er
of supplementary jurors ordered by the court are approved.
Constitution of 
jury.(8) The nine jurors whose names shall have been thus drawn
and approved shall constitute the jury.
Form of oath of 
jurors. 
Amended by: 
XXVII.1975.37.612. In the swearing in of the jury the following form shall be
observed:
The registrar, addressing himself to the jury, shall say:
You do swear and promise before God and man that you will
examine with the most scrupulous attention the charges which shallbe brought against A. B.; that you will not betray either theinterests of the accused or those of the Republic of Malta in whosename he stands accused; that you will not hold communication,without leave of the Court, with any person until your verdict shallbe given; that you will not give way either to hatred or malice, or tofear or affection; that you will decide, upon the charges and thedefence, according to your conscience and intimate conviction,with the impartiality and firmness that become honest and freemen. 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 .1976.7.613. (1) Where, owing to default of attendance, or by reason
of challenges or exemptions, th e whole panel of foremen of juro rs
is exhausted, it shall be lawful for the court either to adjour n the
trial or to order that a ballot be drawn from the box containin g the
names of common jurors, in addition to the number prescribed inarticle 610(1) and (2), and to depute one of the jurors whose n ames
are drawn to perform the duties of foreman of the jury.
(2) Where, for any of the reasons stated in sub-article (1), the
panel of common jurors is exhausted, it shall be lawful for the  court
either to adjourn the trial or to appoint to act as juror any o ther
person who may be present in the hall and whom the courtconsiders qualified to act as juror; and such person may only b e
challenged for cause. The duties of foreman of the jury may als o, if
necessary, be delegated to any person so appointed.
Power of court 
to allow withdrawal of 
peremptory 
challenges.(3) Nevertheless in any of the cases referred to in sub-articles
(1) and (2), it shall be lawful for the court, for the purpose of
completing the jury and with a view to avoiding the adjournment  of
the trial, to permit the parties to withdraw one or more of theperemptory challenges made by them.
Objection to 
juror for want of qualifications. 
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.614. The absence in any person of the necessary qualifications
to serve as a juror, must be raised by the Attorney General or by the
accused. It may also be submitted by the person himself or, if it is
notorious, declared by the court. If, however, the absence of s uch
qualifications is not so raised, submitted or declared, and theperson is approved as fit to be sworn, no opposition can afterw ards
be made on account of his want of qualifications.
                         CRIMINAL CODE               [CAP. 9.            341
Benefit of 
exemption may not be claimed if not alleged before approval of juror.615. Any person exempt by law from serving as a juror who,
being summoned, fails to declare that he desires to avail himse lf of
such exemption before he is approved as a fit person to be swor n,
may not, after such approval, claim the benefit of such exempti on.
Maintenance of 
jury. 
Amended by: 
X.1896.11; XXVII.1975.38.616. (1) The expense for the maintenance of the jurors while
performing their duties and during the time in which they arepermitted to have food and drink, shall be defrayed by theGovernment.
Payment of 
travelling expenses.(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.
Exemption of 
juror from arrest for debt. 
Amended by: 
IX.1859.31;
III.2002 .149.617. (1) It shall not be lawful to arrest for debt any person
summoned to serve as a juror, while he is proceeding directly t o
court from his own abode, or returning directly from court to h is
own abode.
Communication 
with jurors.(2) Whosoever shall, in any manner whatsoever, knowingly
communicate or attempt to communicate with any person whosename has been drawn to serve as a juror and published as provid ed
in article 606(5) and in article 607(4), with intent to influen ce such
person, whether in favour of or against the accused, shall be g uilty
of an offence and shall, on conviction, be liable to imprisonme nt
for a term from three to nine months:
Provided that when such crime is committed by a public
officer whose duty is to prevent such communication, theapplicable 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 j urors
or whose name has been published as mentioned in sub-article (2 ).
Drawing of 
special jurors. 
Added by:
Order-in-Council of 1899, s. 9. 
Amended by: 
XXX.1934.21; 
XX.1936.6.618.  Where, in accordance with the provisions of article 516,
the proceedings in any cause are to be conducted in the Englishlanguage, the registrar shall without delay open the boxescontaining the names of the special jurors and draw ten ballots  from
the box containing the names of the foremen and forty ballots f rom
the box containing the names of common jurors, to serve at the trial
of such case.
Applicability to 
special jury of provisions relating to jury. 
Added by: 
Order-in-Council of 1899, s. 9.619. All the provisions of the law relating to the jury shall be
applicable to the special jury.
Title VII
ALLEGATION OF INSANITY AND OTHER COLLATERAL 
ISSUES BEFORE THE CRIMINAL COURT
  
342              CAP. 9.]                       CRIMINAL CODE  
Allegation of 
insanity or other points of fact. 
Amended by: 
IV .1856.49; L.N. 46 of 1965; LVIII.1974.68; XXVII.1975.40.620. (1) Any allegation of insanity, or of any point of fact, by
reason of which, if true, the person accused would not, at the time
or at any future time, be called upon to plead to the indictmen t, or
be put on trial, or made to undergo punishment, shall first bedetermined by a jury.
Violation of 
condition of pardon.(2) Where any person after having obtained a conditional
commutation of his sentence is, by the Executive Police, onaccount of the violation of the condition for the commutation o f
such sentence, again taken to prison or placed in the same stat e in
which he was prior to such commutation, in order to undergo orcontinue to undergo his sentence, any allegation of fact made b y
such person by reason of which, if true, the said condition asliterally 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,
appointing a day for hearing the applicant and the AttorneyGeneral, 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.1974.68.621. Where the Attorney General intends to contest any
allegation made under the last preceding article, he shall do s o in
writing.
Power of court 
to refer determination of allegation to the trial jury. 622. The court may refer the determination of any such
allegation to the jury already impanelled for the trial of the offence.
Place of custody 
of insane person. 
Amended by: 
VIII.1909.58; XII.1914.14; XXVII.1975.30; XVIII.1976.52; 
VIII.1990 .3. 
Cap. 525. 623. (1) Where, upon the allegation referred to in sub-article
(1) of article 620, the accused is found to be insane, the cour t shall
order the accused to be kept in custody in Mount Carmel Hospita l
there to remain in custody and detained according to the provis ions
of the Mental Health Act, or any other provision of law or
enactment applicable to the case, and those provisions shall ap ply
to the accused accordingly.
Expense for 
maintenance.(2) The expense for the maintenance and care of such insane
person shall be defrayed by the Government, saving the right of  the
Government to recover such expense from the property belonging
to such person, or, in default, from any person liable for themaintenance 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 i n
force.
Applicability of 
sub-articles (2) and (3) to the Court of Magistrates.(4) The provisions of sub-articles (2) and (3) shall likewise
apply in the case of accused persons remitted to Mount CarmelHospital on an order of the Court of Magistrates, under theprovisions of articles 402 and 525.
                         CRIMINAL CODE               [CAP. 9.            343
Powers of court 
with regard to conditions of pardon.  
Added by: 
IV .1856.50.624.  If any fact is found by the jury whereby the condition
attached to a pardon should not be deemed to have been broken, the
court shall give the necessary directions in order to prevent t he
violation of the said condition after such finding; and it shal l be
lawful for the court for such purpose to order that the individ ual
who had been granted the pardon be kept in custody in any of th e
public prisons where he can conveniently be detained.
Non-
contestation of allegation by 
Attorney 
General.  
Amended by: 
L.N. 46 of 1965; LVIII.1974.68.625.  Where the Attorney General does not contest any
allegation under this Title, the court shall proceed as if the truth of
the allegation had been proved.
Resumption of 
trial on cessation of impediment.626. In all cases where, upon any allegation under this Title
being proved, the trial cannot take place or is interrupted or the
execution of the sentence is stayed, the trial shall be resumed  or the
sentence carried into effect, as soon as the impediment shall c ease.
Jury to be 
impanelled according to general rules.627. In all cases where it shall be necessary to impanel a new
jury for the determination of any allegation referred to in thepreceding articles of this Title, such jury shall be impanelled  and
shall proceed according to the rules established in this Coderelating to juries.
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.628. In all cases referred to in the preceding articles of this
Title, any allegation shall be determined by the jury by a majo rity
of votes.
Added by:
IX.2003 .128.Title VIII
Of Mutual Assistance in Criminal Matters
Regulations.
Added by:
IX.2003 .128.628A.  (1) The Minister responsible for justice may make
regulations to give effect to any arrangement, including any tr eaty,
convention, agreement or understanding, to which Malta is a par ty
or is otherwise applicable to Malta and which makes provision f or
mutual assistance in criminal matters.
(2) Regulations made under this article may make provision as
the Minister may deem appropriate in the circumstances, includi ng
the application, with any appropriate modifications, of any of the
provisions of this Code or of any other law.
Conditions and 
procedures for the execution of request for assistance.
Added by:
IX.2003 .128.628B.  (1) Without prejudice to the generality of the power
conferred on the Minister by article 628A the Minister may, inparticular, make regulations designating the competent person,body corporate or unincorporated, authority or agency for thepurpose of providing the assistance that may be requested underany arrangement referred to in ar ticle 628A(1) and prescribing the
conditions and procedures for the execution of any request for such
assistance for all or any of the following purposes –
  
344              CAP. 9.]                       CRIMINAL CODE  
(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 otherassistance;
(f) the entry into and search of any premises and the
seizure of any item;
(g) the taking of fingerprints or of intimate or non-
intimate samples;
(h) the exhumation of any body;
(i) the provision of records and documents;
(j) the investigation of proceeds of criminal offences;
(k) the monitoring, freezing or seizing of assets of any
kind including bank accounts;
(l) the verification of any evidence or other material.
(2) Any regulations made under this article and article 628A
shall contain a reference to the arrangement which thoseregulations are meant to implement.
PART III
OF MATTERS APPLICABLE TO ALL CRIMINAL TRIALS
Title I
Amended by: 
XI.1900.87.OF WITNESSES AND EXPERTS
Sub-title I
 OF W ITNESSES
Competency of witnesses. 
Amended by: 
IX.1859.32;III.1880.11.629. (1) Every person of sound mind is admissible as witness,
unless there are objections to his competency.
Explanation to 
witness on obligation of oath.(2) The court shall explain to the witness the obligation of the
oath if, on account of his age or for other reasons, it appearsdoubtful whether he understands such obligation; and if,notwithstanding such explanation, the court shall deem it neces sary
that the witness, before giving evidence, be further instructed  as to
the consequences of false testimony, the court may, if it consi ders
the deposition of such witness to be important for the ends ofjustice, adjourn the trial to another day, and, should the case  be
                         CRIMINAL CODE               [CAP. 9.            345
before the Criminal Court, discharge the jury.
No particular 
age required for competency of witness.630. No person shall be excluded from giving testimony for
want of any particular age; it shall be sufficient that the cou rt be
satisfied that the witness, though not of age, understands that  it is
wrong to give false testimony.
Swearing in of 
witness. 
Amended by: 
V .1868.39.631. (1) A witness professing the Roman Catholic faith shall
be sworn according to the custom of those who belong to that fa ith;
and a witness not professing that faith shall be sworn in the m anner
which he considers most binding on his conscience.
(2) The provisions of this article shall apply in all cases in
which an oath is administered.
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
which you shall give, shall be the truth, the whole truth, andnothing but the truth. So help you God.
Interest of 
witness. 
Amended by: 
VIII.1909.59.;
XV.2017 .49.633. (1) No objection to the competency of any witness shall
be admitted on the ground that he was the party who laid theinformation or made the complaint, or that he was the party whomade the report or the application in consequence of whichproceedings were instituted, or that he is, by consanguinity oraffinity, or by reason of any contract, employment or otherwise , in
any manner related to or connected with the party above referre d
to, or with the person charged or accused; but in every such ca se,
the witness shall be heard, and those who have to judge of the facts,
being fully persuaded and convinced of the veracity of thetestimony, shall act upon such testimony in the same full and a mple
manner, as if such facts had been proved by an extraneous perso n
not related or connected as aforesaid.
Reluctance to 
give evidence on grounds of consanguinity, etc.(2) Nevertheless, it shall lie in the discretion of the court,
regard being had to the degree of consanguinity, the reluctance  to
give evidence against the husband or wife, his civil union part ner or
against his cohabitant, against an ascendant or a descendant, o r
against a brother, sister, uncle, or nephew, and to other parti cular
circumstances of the case, not to compel a witness to give evid ence
if he be unwilling to depose against a person related to him in  any
of the said degrees.
Party accused 
may give evidence. 
Added by: 
VIII.1909.60. 
Amended by: 
IX.1911.20.634. (1) The party charged or accused shall, at his own
request, be admitted to give evidence on oath immediately after  the
close of the prosecution, saving the case where the necessity o f his
evidence shall arise also at a subsequent stage, or the court s ees fit
to vary the order of the evidence; and such party may be cross-examined by the prosecution, notwithstanding that such cross-examination would tend to incriminate him as to the offencecharged:
  
346              CAP. 9.]                       CRIMINAL CODE  
No adverse 
comment by prosecutor on failure of accused to give evidence.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.
Provisions 
relating to witnesses applicable to accused. (2) The provisions of the law relating to witnesses shall apply
to the accused who gives evidence on oath.
Exception. (3) The provisions of sub-article (1) shall not apply to cases o n
appeal.
When husband 
or wife of accused may give evidence. 
Amended by: 
II.1886.12; VIII.1909.61; XXXVIII.1973.5;
XV.2017 .50.635. (1) Notwithstanding the provisions of article 633, spouse,
civil union partner or cohabitant of the party charged or accus ed
cannot be admitted to give evidence either in favour of or agai nst
such party, except - 
(a) in the case of offences committed against the witness,
or against his or her ascendants or descendants;
Cap. 63.(b) in the case of offences against the provisions of the
White Slave Traffic (Suppression) Ordinance, where
the spouse the civil union partner or the cohabitant of the
party charged or accused is a person on whom or inrespect of whom the offence is committed or is aperson on the earnings of whose prostitution the partycharged or accused has lived;
(c) at the request of the party charged or accused for the
evidence of his spouse, civil union partner or cohabitant,
if such party is himself or herself admitted to giveevidence on oath according to the provisions of the lastpreceding article.
(2) The provisions of this article shall also apply where spouse,
civil union partner or cohabitant of the party charged or accused is a
witness for or against any other person who is tried jointly wi th
such party.
No objection to 
competency of witness on ground of previous conviction, etc.
Amended by:
IV.2014 .26.636. No objection to the competence of any witness shall be
admitted on the ground - 
(a) that from his own confession or otherwise it appears
that he has been guilty of an offence or that he hasbeen in any manner convicted, sentenced, censured orpunished 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 waspromised or granted to him by the Government for thepurpose 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 thesuit; or
Cap. 164.(d) that, in the case of a witness who has been admitted to
benefit under a witness protection programme set up interms of Title IV of Part III of the 
Police Act, the
                         CRIMINAL CODE               [CAP. 9.            347
witness was either charged with the same offence in
respect of which his deposition is required or that he isliable to be prosecuted in the future in respect of thesaid offence or of a related offence.
Objections 
affecting the credibility of witness.
Amended by:
XIII.2018 .24.637.  Any objection from any of the causes referred to in articles
630, 633 and 636, shall affect only the credibility of the witn ess, as
to which the decision shall lie in the discretion of those who have to
judge of the facts, regard being had to the demeanour, conduct,  and
character of the witness, to the probability, consistency, and other
features of his statement, to the corroboration which may beforthcoming from other testimony, and to all the circumstances of
the case:
Provided that particular care must be taken to ensure that
evidence relating to the sexual history and conduct of the vict im shall
not be permitted unless it is relevant and necessary.
Production of 
fullest evidence available.638. (1) In general, care must be taken to produce the fullest
and most satisfactory proof available, and not to omit theproduction of any important witness.
Single witness 
sufficient.(2) Nevertheless, in all cases, the testimony of one witness if
believed by those who have to judge of the fact shall be suffic ient
to constitute proof thereof, in as full and ample a manner as i f 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 .21.639. (1) Notwithstanding the provisions of the last preceding
article, a person may not be convicted of calumnious accusation ,
perjury or false swearing, solely upon the evidence of one witn ess
contradicting the fact previously stated on oath by the personcharged or accused; but such person charged or accused may beconvicted on the evidence of a single witness, when such eviden ce
is corroborated in some circumstance which is material to estab lish
the alleged crime by any other proof duly adduced.
(2) Nor may a person be convicted of a crime against the safety
of the Government, other than a crime under article 55, solely upon
the evidence of one witness; but in such case it shall be suffi cient if
one witness proves one fact and another witness proves anotherfact, both such facts being material to establish the crime.
Evidence by 
accomplice.(3) Where the only witness against the accused for any offence
in any trial by jury is an accomplice, the Court shall give adirection to the jury to approach the evidence of the witness w ith
caution before relying on it in order to convict the accused.
Examination of 
deaf and dumb, deaf or dumb witness.640. In the examination of a witness who is deaf and dumb, or
deaf only, or dumb only, the rules established in article 451 a s to
the manner of communicating with an accused person who is deafand dumb, or dumb only, or deaf only, shall be observed.
Person present 
in court not to be produced as witness.641. In general, no person who has been present in court during
the hearing of a cause may be produced as a witness in such cau se:
Discretionary 
power of court.Provided the court may in its discretion dispense with this
rule in particular cases, if it sees sufficient reason for so d oing.
  
348              CAP. 9.]                       CRIMINAL CODE  
Professional 
secret.642. (1) Advocates and legal procurators may not be
compelled to depose with regard to circumstances knowledgewhereof is derived from the professional confidence which theparties themselves shall have placed in their assistance or adv ice.
(2) The same rule shall apply in regard to those persons who
are by law bound to secrecy respecting circumstances on whichevidence is required.
Incriminating 
questions. 
Amended by: 
XII.1913.25.643. No witness may be compelled to answer any question which
tends to expose him to any criminal prosecution.
Degrading 
questions.644.  It is left to the discretion of the court to determine, in eac h
particular case, whether a witness is bound or not to answer so me
particular question, on the ground that the answer to such ques tion
might tend to expose his own degradation.
Applicability of 
certain provisions of Code of Organization and Civil Procedure. 
Amended by: 
IV .1856.51;
III.2002 .150. 
Cap. 12.645. The provisions of articles 570, 574, 578, 579, 580, 583,
584, 585, 586, 590, 592, 598, 599, article 602(1) and article 6 05 of
the Code of Organization and Civil Procedure shall also apply to
the courts of criminal justice and the said articles 570, 574, 583,
590, and 592 shall moreover apply to any proceedings under Titl e
II of Part II of Book Second of this Code.
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;
XIII.2018 .24;
XXIV .2019 .8;646. (1) Subject to the ensuing provisions of this article,
witnesses shall always be examined in court and viva voce.
Exceptions. (2) The deposition of witnesses, whether against or in favour of
the person charged or accused, if taken on oath in the course o f the
inquiry according to law, shall be admissible as evidence:
   Provided that the witness is also produced in Court to be
examined viva voce  as provided in sub-article (1) unless, when
assessing the circumstances of the case, it is apparent to the Court that
appearing for viva voce  examination may cause the witness to suffer
psychological harm, or when the witness is dead, absent from Ma lta or
cannot be found and saving the provisions of sub-article (8):
Provided further that where the witness is a minor under
sixteen years of age and an audio and video-recording of thetestimony of the minor is produced in evidence the minor shall not
be produced to be examined viva voce .
(3) Any declaration shall be admissible as evidence whenever
the same is made by any person who is about to die and who is
                         CRIMINAL CODE               [CAP. 9.            349
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 priest or clergyman, andrelating to births, marriages, or deaths, or as to the authenti city 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, reg isters,
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 authen ticity
of the acts or registers made or kept by such notary, or as to the
authenticity of copies of such acts or registers or extractstherefrom, or as to the fact that the accused is the person men tioned
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 medi cal
practitioner or registered dental surgeon concerning hisexamination of any person, whether alive or dead, or concerningany bodily harm suffered by, or any physical or mental infirmit y
afflicting, any person, shall be admissible as evidence and sha ll,
until the contrary is proved, be evidence of its contents, prov ided
the certificate bears the clearly legible stamp of the medicalpractitioner or registered dental surgeon issuing it showing hi s
name, professional qualifications, expertise and address andprovided that such certificate is confirmed by the affidavit of  the
medical practitioner or the dental surgeon, as the case may be:provided further that it shall be lawful for either of the part ies to
produce the said medical practitioner or the said dental surgeo n, 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 cou rse
of the inquiry, in relation to his examination of any person, w hether
alive or dead, or in relation to any bodily harm suffered by, o r any
physical or mental infirmity afflicting, any person, shall beadmissible as evidence without the need of producing the saidmedical practitioner or dental surgeon in court as provided in the
proviso to sub-article (2): provided that, unless the witness i s dead,
absent from Malta or cannot be found, it shall be lawful for ei ther
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 no t
be impugned on the ground that it does not appear from the actsthemselves that they have been made or received on oath or withany other formality prescribed by law, if the taking of any suc h oath
  
350              CAP. 9.]                       CRIMINAL CODE  
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 fo r
the accused, to demand that a ruling be given by the court, bef ore
the hearing of the case commences, as to whether the deposition  of
any witness is to be admitted, in terms of the provisions of su b-
article (2).
(11)  Where it is alleged that a witness is dead, absent or cann ot
be found, it shall be lawful for t he court to consider the alle gation
proved by the sworn report of the marshal or other executive of ficer
to the effect that he has ascertained that such witness is dead  or
absent, or that he has made the necessary inquiries and has bee n
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. 12.647. (1) If it shall be necessary to examine any person who
either through infirmity or old age is unable to appear in cour t, such
person shall be examined by the court, or, if the court so orde rs, by
a member of the court, in the place of his or her abode:
Provided that the court may delegate the taking of the
evidence of any such witness to one of the magistrates for theIsland 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 pl ace
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 und er
sub-article (1); and in the case of a witness who is to be exam ined
in Gozo or Comino, the court may also, if the circumstances sowarrant and the Attorney General does not object, authorise theregistrar to take such evidence and administer the necessary oa th.
Right of accused 
to be present.(3) The party charged or accused is entitled to be present at th e
examination.
Reading out of 
evidence in court.(4) The evidence taken in accordance with the provisions of
this article shall be read out in court, and a note to that eff ect shall
be entered in the record.
Audio-recording 
or video-
recording of 
evidence.
Added by:
XXXI.2002 .206.
Amended by:
VIII.2015 .37;
VIII.2017 .6.647A.  (1) Without prejudice to the provisions of articles 646
and 647, the court may, if it deems it proper so to act, allow for the
audio-recording or for the video-recording of any evidencerequired from a witness as aforesaid or a witness residing outs ide
Malta, in accordance with such codes of practice as the Ministe r
responsible for justice may, by regulations, prescribe.
(2) The Court may also allow for the testimony of any witness
even if present in Malta to be given by video conference or byteleconference from such place as the Court may order and subje ct
to such conditions and directions as the Court may deem necessa ry:
Provided that the Minister responsible for justice may, by
regulations, provide for any procedures, formalities, modalitie s or
restrictions which are to apply to the taking of evidence in Ma lta in
respect of proceedings in Malta by video conference or by
                         CRIMINAL CODE               [CAP. 9.            351
teleconference and where the Minister makes such regulations th e
said regulations shall apply and any conditions or directions g iven
by the Court under this sub-article shall not conflict with suc h
regulations.
Sending of 
documents or any act to person in a foreign country.
Added by:
XXXI.2007 .24.647B.  Pursuant to and in accordance with any treaty, convention,
agreement or understanding between Malta and another country orwhich applies to both such countries or to which both suchcountries are a party, procedural documents or any act of theproceeding may be sent directly by post to a person who is in t he
territory of the foreign country in a language which that perso n
understands:
Provided that procedural documents shall be accompanied
by a report indicating to the said person the remedies availabl e and
that information about his rights and obligations concerning th e
document may be obtained from the issuing authority or fromanother competent authority in Malta.
Cross-border 
cooperation, particularly in combating terrorism and cross-border crime.
Added by:
XXIV .2014 .67.647C.  (1) Where the Attorney General receives a request made
by a judicial, prosecuting or administrative authority of any p lace
outside Malta or by an international court for -
(a) the taking of and supply of dactyloscopic data; or
(b) the taking and examination of a non-intimate sample;
or
(c) the DNA profile of a person suspected in that place of
a relevant offence or of a person accused, inproceedings before the courts of that place orinternational tribunal, of a relevant offence,
the Attorney General shall communicate the request to a
Magistrate, who shall, upon receiving the request, order the ar rest
of the requested person and the provisions of article 355A V(c)shall, mutatis mutandis , apply in the execution of a request
communicated under this article.
(2) The Magistrate shall transmit the said data, sample or
profile, together with any report or result of the examination,  to the
Attorney General.
(3) For the purposes of this article the terms "DNA profile" and
"dactyloscopic data" shall have the meaning respectively assign ed
to them in article 548; "relevant offence" shall have the meani ng
assigned to it in article 435D.
(4) The provisions of article 649(2) and (5) shall mutatis
mutandis  apply to a request made under this article.
Identification of 
person or object.648.  In order to identify any person whose identity is required
to be proved, or in order to identify any object to be produced  in
evidence, it shall not, as a rule, be necessary that the witnes s should
recognize such person from among other persons, or pick out suc h
object from among other similar objects, unless the court, in s ome
particular case, shall deem it expedient to adopt such course f or the
ends of justice.
  
352              CAP. 9.]                       CRIMINAL CODE  
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
IV.2014 .27. 649. (1) Where the Attorney General communicates to a
magistrate a request made by a judicial, prosecuting oradministrative authority of any place outside Malta or by aninternational court for the examination of any witness present in
Malta, or for any investigation, search or/and seizure, themagistrate shall examine on oath the said witness on theinterrogatories forwarded by the said authority or court orotherwise, and shall take down the testimony in writing, or sha ll
conduct the requested investigation, or order the search or/andseizure as requested, as the case may be. The order for search or/
and seizure shall be executed by the Police. The magistrate sha ll
comply with the formalities and procedures indicated in the req uest
of the foreign authority unless these are contrary to the publi c
policy or the internal public law of Malta.
(2) The provisions of sub-article (1) shall only apply where the
request by the foreign judicial, prosecuting or administrativeauthority or by the international court is made pursuant to, an d in
accordance with, any treaty, convention, agreement orunderstanding between Malta and the country, or between Maltaand 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 Malt a
and the said court are a party. A declaration made by or under the
authority of the Attorney General confirming that the request i s
made pursuant to, and in accordance with, such treaty, conventi on,
agreement or understanding which makes provision for mutualassistance in criminal matters shall be conclusive evidence of the
matters contained in that certificate. In the absence of such t reaty,
convention, agreement or understanding the provisions of sub-article (3) shall be applicable.
(3) Where the Minister responsible for justice communicates to
a magistrate a request made by the judicial authority of any pl ace
outside Malta for the examination of any witness present in Mal ta,
touching an offence cognizable by the courts of that place, themagistrate shall examine on oath the said witness on theinterrogatories forwarded by the said authority or otherwise,notwithstanding that the accused be not present, and shall takedown such testimony in writing.
(4) The magistrate shall transmit the deposition so taken, or th e
result of the investigation conducted, or the documents or thin gs
found or seized in execution of any order for search or/and sei zure,
to the Attorney General.
(5) For the purposes of sub-articles (1) and (3) the magistrate
shall, as nearly as may be, conduct the proceedings as if they were
an inquiry relating to the in genere  but shall comply with the
formalities and procedures indicated by the requesting foreignauthority unless they are contrary to the fundamental principle s of
Maltese law and shall have the same powers, or as nearly as maybe, as are by law vested in the Court of Magistrates as court o f
criminal inquiry, as well as the powers, or as nearly as may be , as
are by law conferred upon him in connection with an inquiryrelating to the " in genere ": provided that a magistrate may not
                         CRIMINAL CODE               [CAP. 9.            353
arrest any person, for the purpose of giving effect to an order  made
or given under article 554(2), or upon reasonable suspicion tha t
such person has committed an offence, unless the facts amountin g
to the offence which such person is accused or suspected to hav e
committed amount also to an offence which may be prosecuted inMalta.
(5A) If the request cannot, or cannot fully, be executed in
accordance with the formalities, procedures or deadlines indica ted
by the requesting foreign authority, the requesting authority s hall
be informed indicating the estimated time within which or theconditions under which execution of the request may be possible .
(5B) The proceedings referred to in this article shall, as nearl y as
may be, be conducted as if they were an inquiry relating to the  "in
genere ".
(6) Where the request of the foreign authority is for the hearin g
of a witness or expert by video-conference, the provisions of s ub-
articles (7) to (12), both inclusive, shall apply.
(7) The magistrate shall summon the person to be heard to
appear at the time and place equipped with video-conferencefacilities appointed for the purpose by the magistrate. Themagistrate shall give effect to any measures for the protection  of
the person to be heard which the Attorney General may declare t o
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 perso n to
be heard is identified and that the proceedings take place andcontinue at all times in conformity with the fundamental princi ples
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 unde r
the law of the country of the requesting foreign authority.
(10) Subject to any measures for the protection of the person to
be heard referred to in sub-article (7), the magistrate shall o n the
conclusion of the hearing draw up minutes indicating the date a nd
place of the hearing, the identity of the person heard, the ide ntities
and functions of all other persons participating in the hearing , any
oaths taken and the technical conditions under which the hearin g
took place. The document containing the record of the minutesshall be transmitted to the Attorney General to be forwarded to  the
requesting foreign authority.
(11) The following shall mutatis mutandis apply to the person to
be heard under the provisions of sub-article (6):
(a) the provisions of article 522, where the person to be
heard refuses to testify when required to do so by themagistrate;
(b) the provisions of articles 104, 105, 107, 108 and 109,
as the case may be, where the person to be heard doesnot testify to the truth, for this purpose the proceedings
  
354              CAP. 9.]                       CRIMINAL CODE  
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 inthose proceedings. For the purpose of determining theapplicable punishment as may be necessary inproceedings for perjury under this sub-article thecriminal fact being inquired into or adjudicated by therequesting foreign authority shall be deemed to beliable to the punishment to which it would have beenliable had the same fact taken place in Malta or withinthe jurisdiction of the same Maltese criminal courts.
(12) The provisions of sub-articles (6) to (11), both inclusive,
shall apply where the person to be heard is a person accused in  the
country of the requesting foreign authority provided that thehearing shall only take place with the consent of the person to  be
heard and that all the rules of evidence and procedure which wo uld
apply to the testimony of a person accused in criminal proceedi ngs
in Malta would also apply to the testimony of the person accuse d 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: provide d
that the witness or expert consents to the hearing.
(14) Where the Attorney General has made a declaration as
provided in sub-article (2), foreign officials designated by th e
foreign authority or international court which made the requestshall be entitled to be present for the examination of witnesse s or
when investigative measures are being taken.
Added by:
XI.1900.90.Sub-title II 
OF EXPERTS
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 .5.650. (1) In all cases where for the examination of any person
or thing special knowledge or skill is required, a reference toexperts shall be ordered.
Choice of 
experts.(2) The experts shall be chosen by the court:
Appointment of 
official experts.Provided that the Minister responsible for Justice may, after
consultation with the Chief Justice, appoint one or more person s as
official experts for the purpose of reporting on matters requir ed by
other provisions of this Code requiring special technical skill  or
knowledge, and when such persons are appointed, the court shall
                         CRIMINAL CODE               [CAP. 9.            355
choose such experts from among those persons who may be on a
roster system.
Taxation of fees 
of official experts. (3) For the purposes of article 533, the fees of the official
experts for services rendered in any particular case shall be t axed
by the registrar in the same manner provided for the taxation o f the
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
experts the necessary directions, and allow them a time withinwhich to make their report.
The Court of Magistrates, whether sitting as a court of crimina l
judicature or as a court of inquiry, may moreover empower theexpert or the experts, if more than one expert have been appoin ted,
to receive documents and to examine witnesses on oath in thepresence of the accused and, in any such case, the court shall not
require further evidence in respect of the documents so produce d or
further examine the witnesses so examined, unless the court dee ms
it necessary or unless the accused makes a request to that effe ct.
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. 12.651. (1) The experts may be challenged only on the same
grounds on which a judge may be challenged.
(2) The challenge shall be made in the manner and within the
terms laid down in the Code of Organization and Civil Procedure
for the challenge of experts in civil causes.
Summoning and 
oath of experts. 
Added by: 
XI.1900.90. 652. The experts shall be summoned in the manner provided for
the summoning of witnesses. They shall swear to perform faithfu lly
and honestly the duties assigned to them.
Report.  
Added by:
XI. l900.90. 
Amended by: 
III.1971.20; 
VIII.1990 .3. 653. (1) On terminating the work and the experiments which
their profession or art may suggest, the experts shall make the ir
report, either orally or in writing, according to the direction s of the
court.
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. (3) If in the course of their work, the experts shall obtain fro m
any person information on circumstances of fact, such person sh all
be mentioned in the report, and shall be examined in court in t he
same manner as any other witness:
Provided that the above provision of this sub-article shall
not apply in regard to any person whom the experts will haveexamined on oath under article 650(5), saving, however, the re-examination of any such person by the court as provided for in the
said sub-article.
(4) In matters within the jurisdiction of the Court of
  
356              CAP. 9.]                       CRIMINAL CODE  
Magistrates, any such person may be examined on oath by the
court, even in the course of the work of the experts.
Report, if verbal, 
to be reduced into writing.(5) If the report is made orally, it shall be reduced into writi ng
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 .3.654. In cases within the jurisdiction of the Court of Magistrates
as court of criminal judicature, the expert may be called upon by
the court to be present at the hearing of the cause in order to  advise
the court, provided that the advice is given in the presence of  the
accused.
Further 
elucidations by experts.
Added by: 
XI.1900.90. 
Amended by: 
XXVII.1975.40. 655. The parties, the court, and, in cases within the jurisdiction
of the Criminal Court, the jurors, may require the experts to g ive
further elucidations on their report as well as on any other po int
which they may consider useful in order to make the opinion of the
experts clearer.
Those who are 
to judge not bound by conclusions of experts.
Added by: 
XI.1900.90. 656. Those who are to judge are not bound to abide by the
conclusions of the experts against their own conviction.
Applicability of 
certain provisions to experts. 
Added by: 
XI.1900.90.657. The provisions of article 452(4) and (5) shall apply to
experts.
Title II
OF CONFESSIONS
Confession by 
accused.
Amended by:
LI.2016 .6.658. Any confession made by the person charged or accused,
whether in writing, orally, by audiovisual means or by other me ans,
may be received in evidence agai nst or in favour of the person,  as
the case may be, who made it, provided it appears that suchconfession was made voluntarily, and not extorted or obtained b y
means of threats or intimidation, or of any promise or suggesti on of
favour.
Production of 
written confession.
Amended by:
LI.2016 .7.659. (1) Where it is not possible to record a confession by
audiovisual means in terms of article 355AUA(8)( e), if a
confession is reduced to writing at the time it is made, the wr iting
shall be produced; and only if it is proved that the writing ha s been
destroyed or lost, may oral evidence, in lieu of such writing, be
admitted for the purpose of proving the substance of suchconfession.
(2) Nothing in this article shall operate as a bar to the
admissibility in evidence of any other confession verbally madebefore or after.
                         CRIMINAL CODE               [CAP. 9.            357
Confession to be 
produced in full.Substituted by:
LI.2016 .8.660. It shall not be permissible to give in evidence only a part of
an audiovisual recording or of a written or oral statement agai nst
the accused except in extraordinary circumstances which the cou rt
may allow.
Confession not 
to prejudice third parties.661. A confession shall not be evidence except against the
person making the same, and shall not operate to the prejudice of
any other person.
Title III
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
verdict of the jury on the facts, every judgment of a courtacquitting, convicting or sentencing the person charged or accu sed,
every procès-verbal  drawn up in connection with any inquest or
other inquiry held under the provisions of this Code (other tha n an
inquest for the purpose of an inquiry relating to the " in genere "),
and, in general, every decree or other definitive order of a co urt.
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 th e appellant discharged, pronounc e
forthwith its decision discharging the appellant and reserve to  give
its reasons at a later date even in the absence of the personconcerned.
Delivery of 
decision in open court. 
Amended by:
IX.1857.19;XII.1913.27;XXX.1934.25;
VIII.1990 .3;
III.2002 .154.663. (1) Every decision of the court shall be delivered by the
judge or magistrate in open court: provided that a decision gra nting
or refusing bail may be given in camera .
Applicability of 
articles 474 and 478 to verdict of jury on facts.(2) With regard to any verdict of the jury on the facts, the
provisions of articles 474 and 478 shall apply.
Recording of 
decisions of Criminal Court.(3) Every decision of the Criminal Court shall be recorded by
the registrar, and such record shall constitute the authentic p roof of
such decision.
Registration of 
reasons.(4) The reasons referred to in sub-article (2) of the last
preceding article shall be recorded together with the decision.
  
358              CAP. 9.]                       CRIMINAL CODE  
Decisions of the 
Court of Magistrates. Summary in special register. Probatory force of same. Contents of summary.(5) The decisions of the Court of Magistrates, if reduced to
writing by the sitting magistrate, shall be kept in their origi nal, and
the provisions of article 518 shall be applicable thereto. In e very
case, a summary of the decision shall be recorded in a specialregister, and such summary shall constitute authentic proof of such
decision in the same manner as a certified copy thereof. Suchsummary shall indicate the court by which the decision wasdelivered, 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.
Delivery of 
decision with closed doors.*
664.  Decisions may be delivered with closed doors only in the
cases referred to in articles 409 and 531:
Exceptions. 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 charge d
or accused, and the decision as to whether there are or notsufficient grounds to commit the accused for trial, shall bedelivered in open court.
Execution of 
decisions. 
Amended by: 
XII.1914.15; XXX.1934.26; IV .195I.2; XXV .1967.28; XXI.1971.34; 
XXIX.1990 .32.665. Subject to the provisions of article 28A and the provisions
of this Code relating to the payment of pecuniary penalties, ev ery
decision shall be enforceable as soon as delivered.
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 .3.666. (1) The decisions of the Criminal Court and of the Court
of Criminal Appeal shall be carried into effect by the marshal or by
any other person authorized by the Minister responsible for jus tice
in that behalf.
(2) For the purposes of this article, a decision of the Court of
Magistrates or of the Criminal Court shall be deemed to be adecision of the Court of Criminal Appeal, if an appeal is enter ed
against such decision and such appeal is subsequently waived ordeclared null and void or taken to be abandoned under article 4 22.
Title IV
OF PROPERTY BELONGING TO THE PERSON CHARGED OR 
ACCUSED OR TO OTHER PERSONS AND CONNECTED 
WITH CRIMINAL PROCEEDINGS
Property to be held by registrar.
Amended by:
XXV .1967.30.Substituted by:
III.2002 .155.667. Any property connected with criminal proceedings shall,
subject to the following provisions of this Title, be held by t he
registrar until the conclusion of such proceedings including an y
proceedings of appeal.
*See also s.24 of the Official Secrets Act (Cap.50).
                         CRIMINAL CODE               [CAP. 9.            359
Record of 
property.Substituted by:
III.2002 .155.668. (1) All property connected with criminal proceedings
shall be delivered by the court to the registrar and shall, sub ject to
the following provisions of this Title, remain in the custody o f the
registrar except when required by the court for the hearing of such
proceedings.
(2)  The Minister responsible for justice may make regulations
providing for the registration and preservation of any propertyconnected with criminal proceedings and for the manner in which  a
record is to be kept of the movements of any such property.
Preservation of 
property.Substituted by:
III.2002 .155.669. (1) The registrar shall ensure that all property delivered
to him is properly catalogued, stored and preserved and kept in  a
secure place to be determined by the registrar.
(2) For the purposes of this article, the registrar may, with th e
approval of the Minister responsible for justice, appoint otherpersons to hold property or classes of property on his behalf u nder
such terms and conditions as the Minister may think fit provide d
that the names of such persons shall be published in the Gazett e.
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 bereleased, destroyed or otherwise disposed of following the draw ing
up of a procès verbal  containing an accurate description of the
property released, the quantity and quality thereof and anyphotographs, video recordings and computer images of suchproperty as the magistrate or the registrar may deem fit should  be
taken. 
(2) The proces-verbal shall be signed by the registrar and if th e
property is to be released, destroyed or disposed of during in
genere  proceedings or during the inquiry it shall also be signed by
the magistrate. In every case where the property is to be relea sed in
favour of any person in the course of criminal proceedings whic h
have not been finally determined that property shall only be soreleased after the person to whom the property is to be release d
gives an undertaking in writing to produce again such property on
the order of a court. 
(3) Notwithstanding any other provision of this Code or of any
other law, any process-verbal drawn up in accordance with theprovisions of this article including any photographs, videorecordings and computer images shall be admissible in evidence in
any criminal proceedings as if it were the property itself desc ribed
in the procès verbal .
(4) The provisions of this Title shall also mutatis mutandis
apply to any property exhibited in the course of any proceeding s
under the provisions of Title II of Part II of Book Second of t his
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 ofarticles 671, 672 and 673.
  
360              CAP. 9.]                       CRIMINAL CODE  
Prohibited 
property.Substituted by:
III.2002 .155.671. (1) Saving the provisions of sub-article (2), where the
Comptroller of Customs certifies that any property in the custo dy
of the registrar is property which may not be imported into Mal ta
the registrar shall apply to the competent criminal court and r equest
it to order the disposal of the said property. The court shall allow
the application where it is satisfied that the property in ques tion is
in Malta in contravention of the law. 
(2) Where the property certified by the Comptroller of Customs
as provided in sub-article (1) is property which has been exhib ited
as evidence in the course of criminal proceedings which have no t
been finally determined, the application by the registrar shall  be
served on the party charged or accused and on the Attorney Gene ral
or the Commissioner of Police as the case may be for theirsubmissions and the court shall not allow the application unles s it
is satisfied that the property itself is not or is no longer ne cessary 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 sh all
dispose of such property by destroying it provided that the Min ister
responsible for justice may order that the property is to be di sposed
of in any other manner whatsoever for special reasons to beexpressly stated in the order. 
Property 
exhibited in certain proceedings.Substituted by:
III.2002 .155.
Cap. 37.Cap. 233.672. Notwithstanding any other provision of this Code or of any
other law, where the property has been exhibited in court in th e
course of proceedings for an offence against the Customs
Ordinance or against the External Transactions Act and  the
property has been forfeited in favour of the Government by virt ue
of the operation of any provision of this Code or of any other law
such property shall be released in favour of the Comptroller ofCustoms. In any other case the property exhibited as aforesaid shall
not be released, except in execution of a final judgment of thecompetent civil court, if the Comptroller of Customs objects tosuch release.
Disposal of 
property connected with criminal proceedings.Substituted by:
III.2002 .155.
Amended by:
XXIV .2014 .68;
XXXI.2019 .5.673. (1) Notwithstanding the foregoing provisions of this Title
and subject to the provisions of article 671 the court shall, o n the
application of the Attorney General made at any time of theproceedings or, where the author of the crime is absent or unkn own,
before any proceedings are commenced, order the registrar todispose of any property connected with criminal proceedings orwith a crime, whether such property is liable to forfeiture or not, in
any of the following cases:
(a) where, owing to the nature, quantity or dimensions of
such property, considerable space is necessary to keepit;
(b) where such property is subject to deterioration or
depreciation or the cost of its upkeep is out ofproportion to its value;
(c) where it is not practicable or convenient for any other
reason to keep such property in custody;
(d) where, owing to the absence of the party accused, the
                         CRIMINAL CODE               [CAP. 9.            361
trial is not concluded within two years from the day on
which such property was first brought before the court;
(e) in any other case where the court deems it so proper.
(2) The application for an order as is referred to in sub-articl e
(1) and in the same circumstances mentioned in that sub-articlemay also be made by the registrar in which case the applicationshall be served on the Attorney General for his reply within su ch
time, being not less than two wo rking days, as may be determine d
by the court and the application shall not be allowed where the
Attorney General objects to the application:
Provided that, where the Attorney General objects to the
application, the court may impose on the accused that the costs  for
the deposit and upkeep of the property, held by the Director of  the
Asset Recovery Bureau, connected with criminal proceedings or
with the crime, be borne by the accused.
(2A) Notwithstanding the provisions of sub-article (2), where
property connected with criminal proceedings or with the crime is
held by the Registrar, the owner of that property may request t he
court that he be allowed to effect such maintenance works as ma y
be required on the property; if the owner of the property does not
make the request mentioned in this sub-article or, having made the
request, and the request having been granted by the court, does  not
effect such maintenance works, the responsibility for any loss or
damages suffered by the said property shall be borne by the sai d
owner.
(3) The provisions of sub-articles (1) and (2) shall apply
notwithstanding that the property is attached by a garnishee or der.
(4) Where the court allows an application made under this
article the order of the court shall be served on all the perso ns
identified by the registrar to have an interest in the property , if their
whereabouts are known, sohowever that the order of the court sh all
not be subject to revocation or modification except on the dema nd
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 proceed ings
in the same manner as if they were the property of which they a re
the proceeds.
(6) If the property is not sold the property may be disposed of
as the registrar may deem fit subject to the payment of suchindemnity as may be due to the owner of the property disposed o f.
Release of 
property in the course of proceedings.Substituted by:
III.2002 .155.
Amended by:
XVI.2006 .23.674. (1) Notwithstanding any other provision of this Code or
of any other law but subject to the provisions of article 671, where
any property which is exhibited in court during the proceedingsbelongs to a person who is not involved as a principal, anaccomplice or a conspirator in the criminal offence which is th e
subject of such proceedings, that person shall, upon proving in  a
satisfactory manner his title to the property and satisfying th e court
that there was no longer any need that the property remainsmaterially exhibited in the record of the proceedings, be entit led to
  
362              CAP. 9.]                       CRIMINAL CODE  
have such property released in his favour by order of the Court
under such terms and conditions as the Court may deem fit, savi ng,
following such release, any right of the person charged or accu sed
or of any other person according to law. 
(2) The order referred to in sub-article (1) may be given either
on the Court’s own motion or following an application by theperson claiming the property. Where the Court acts upon its ownmotion it shall announce its intention to make such an order bymeans of a decree. Any such decree or any application made by t he
person claiming the property in terms of this sub-article shall  be
served on the Attorney General or on the Commissioner of Policeas the case may be, and on the person charged, or accused, each  of
whom shall be allowed five working days for a reply.
(3) Subject to the provisions of sub-article (4), if the propert y
belongs to the party charged or accused and is in no mannerconnected with the offence or i n any way required for the purpo se
of any criminal proceedings the court shall, after hearing the
Attorney General or the Commissioner of Police, as the case may
be, restore the property to the person charged or accused to wh om
the property belongs or deliver it to the person appointed by h im in
that behalf or to his lawful representative.
(4) Notwithstanding the provisions of sub-article (3), the court
may abstain from ordering the restoration of the property to th e
person charged or accused -
(a) when the value of the thing is considerable and the
person charged or accused is poor or of dubiousmeans; or 
(b) when the person charged or accused is tried for forgery
with intent to misappropriate the property of anotherperson, or for theft, or for any other offence againstproperty:
Provided that the provisions of this sub-article shall not
apply where the accused shall give sufficient security.
Disposal of 
property on conclusion of proceedings.
Substituted by:
III.2002 .155.
Amended by:
VIII.2015 .38.675. (1) Saving the provisions of article 671 and of the
following sub-articles of this article, where the court on theconclusion of any criminal proceedings has not provided howproperty exhibited during the proceedings is to be disposed ofaccording to law, any property so exhibited shall be preserved by
the registrar. 
(2) Where the Court of Magistrates as court of criminal inquiry
discharges the person charged as provided in article 401(2) and  the
Court decides how the property exhibited before it is to be dis posed
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 At torney
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 prope rty
exhibited in the proceedings is to be disposed of, and the Atto rney
                         CRIMINAL CODE               [CAP. 9.            363
General does not issue a warrant for the arrest of the person
discharged, such property shall be preserved by the registrar a nd 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 re gistrar
may apply to the court for an order authorising the return of t he
property to the person to whom it belongs, if known, or declari ng
the property forfeited in favour of the Government of Malta whe re
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 prope rty
exhibited in the proceedings and no claim is made for the relea se of
such property within one month from the date of such judgmentsuch property, unless forfeited by virtue of the provisions of article
23 or any other provision of this Code or of any other law, sha ll be
forfeited and the court shall, on the application of the regist rar and
subject to the provisions of sub-article (5), order the release  of such
property in favour of the Government of Malta.
(5) Any person who immediately before the forfeiture had a
legal title to the property forfeited as aforesaid, or the lawf ul heirs
thereof, shall be entitled to compensation for the property for feited
provided that where the property has been sold such compensatio n
shall not exceed the amount realised by the Government from thesale of the property and provided also that compensation isdemanded by an application to the competent court within sixmonths from the date of the order mentioned in sub-article (2).  
Forfeited 
property.Substituted by:
III.2002 .155.
Amended by:
XXIV .2014 .69;
XXXI.2019 .6.676. Any property forfeited in favour of the Government in
terms of the provisions of this Code or of any other law may bedisposed of immediately by the Director of the Asset RecoveryBureau unless the property has been exhibited in the course of a
criminal prosecution in which case that property shall not bedisposed of before final judgment and not without the prior con sent
of the Commissioner of Police or of the Attorney General as thecase may be.
When property 
is to be returned by order of the court in its final judgment.Substituted by:
III.2002 .155.677. (1) Any property which is to be returned to any person in
pursuance of an order made by the court in its final judgment s hall
be retained by the registrar for a period of six months within which
period it shall be incumbent on that person, or his lawful heir s, to
claim from the registrar the said property. Within the same per iod
the registrar shall be under an obligation to make all efforts to trace
and notify with the court’s order the person to whom the proper ty is
to be returned.
(2) Where the person to whom the property is to be returned, or
his lawful heirs, either spontaneously or after being notified with
the court’s order, fails to claim the property within the perio d laid
down in sub-article (1) or where the registrar within the sameperiod fails to trace that person, or his lawful heirs, and no claim as
aforesaid is spontaneously made for the property, that propertyshall 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
  
364              CAP. 9.]                       CRIMINAL CODE  
according to law if he delivers the property to any one of the
owners.
(4) The registrar shall by application refer to the court which
delivered judgment any dispute regarding the title to the prope rty.
The application shall be served on all the parties who shall be
allowed a period of five working days within which to reply andafter the lapse of the said period the court shall appoint theapplication for hearing and after hearing the parties shall dec ide on
the disposal of the property. No appeal shall lie from the deci sion
of the court.
(5) If the person to whom the property is to be returned, or his
lawful heirs, claim the property within the period mentioned in  sub-
article (1) such property shall, in the absence of a lawful obs tacle,
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 ofadvertisements, the person to whom the property was to be retur ned
in accordance with the order of the court, or his lawful heirs,  may
claim the amount realised from the sale after subtracting any c osts
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 .155.678. (1) Where the court in its final judgment has ordered that
any property is to be returned but does not name the person towhom the property is to be so returned and the identity of thatperson is unknown that property shall be retained by the regist rar
for a period of six months within which period any person claim ing
to have a legal title to the property may come forward and clai m the
property.
(2) Where the person having a legal title to the property fails to
claim the property within the period specified in sub-article ( 1), or
where the claims made in that period have been rejected by thecourt, the property shall be forfeited in favour of the Governm ent.
(3) Any claim under sub-article (1) shall be made by
application to the court before which the property was exhibite d
and shall be served on the registrar and on the Commissioner ofPolice or on the Attorney General, as the case may be, who shal l
have ten working days within which to file a reply. On the laps e of
the time for the filing of a reply the court shall give its dec ision 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.
                         CRIMINAL CODE               [CAP. 9.            365
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.
Amended by:
XXIV .2014 .70.
Substituted by:
XXXI.2019 .7.679.  In disposing of property forfeited in favour of the
Government in terms of this Code or of any other law the Direct or
of the Asset Recovery Bureau shall observe the following rules:  
(a) property which is of no or of little value may be
disposed of at the discretion of the Asset RecoveryBureau provided that proper record of such disposal iskept; 
(b) firearms, ammunition, explosives or other chemical or
dangerous substances, excluding collectibles, shall beconsigned to the proper authorities designated by theMinister responsible for justice for destruction bythem; 
(c) other property which is of value shall be sold by
auction by the Director of the Asset Recovery Bureaufollowing the publication of at least threeadvertisements in a daily newspaper and any moneysderiving therefrom shall accrue to the Governmentunless the Director of the Asset Recovery Bureaudeems it more beneficial to Government to dispose ofsuch property otherwise.
Restoration of 
property to accused on termination of trial.
Amended by: 
XXV .1967.32.680. Deleted by: III.2002 .155.
Restoration of 
property to owner when accused is absent or offender unknown.  
Amended by: 
IV .1856.53.681. Deleted by: III.2002 .155.
Procedure on 
restoration of property to owner. 
Amended by: 
XXIX.1990 .33.682. Deleted by: III.2002 .155.
Sale by auction 
of property connected with criminal proceedings. 
Added by:
XXI.1971.35. 
Amended by: 
LVIII.1974.68.683. Deleted by: III.2002 .155.
Sale by auction 
of property unclaimed by owner.
Added by:
XXIX.1990 .34.683A.  Deleted by: III.2002 .155.
  
366              CAP. 9.]                       CRIMINAL CODE  
Sale, publication 
and restoration to be effected upon order of court.684.  Deleted by: III.2002 .155.
When proceeds 
of sale are adjudged in favour of Government. 
Amended by: 
XXVII.1975.39.685. Deleted by: III.2002 .155.
Definition of 
property.
Added by:
XXIV .2014 .71.685A.  For purposes of this Title "property" shall have the same
meaning assigned to it by article 23B.
Title V
OF THE RESPECT DUE TO THE COURT
Applicability of 
provisions of Code of Organization and Civil Procedure relating to the respect due to the court. 
Amended by: 
XI.1900.91.  
Cap. 12.686. The provisions of the Code of Organization and Civil
Procedure  relating to the respect due to the court, are applicable to
the courts of criminal jurisdiction.
Title VI
OF PRESCRIPTION
Sentences not 
barred by prescription.  
Amended by:
XI.1900.92;
III.2002 .156.687. (1) Sentences awarding punishment shall not be barred
by prescription notwithstanding the lapse of any time.
(2) The period of prescription in respect of all criminal
offences shall be suspended from the moment a charge and, or bi ll
of indictment is served on the person charged or accused until such
time as a final and definitive judgment is delivered in theproceedings 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 .4.688. Save as otherwise provided by law, criminal action is
barred- 
(a) by the lapse of twenty years in respect of crimes liable
to the punishment of imprisonment for a term of notless 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 notless 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 lessthan four years;
                         CRIMINAL CODE               [CAP. 9.            367
(d) by the lapse of five years in respect of crimes liable to
imprisonment for a term of less than four years but notless 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 afine ( 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 thepunishments established for contraventions.
Extenuating 
circumstances and previous conviction not to be taken into account in reckoning period for prescription. 
Amended by: 
XI.1900.92.689. For the purposes of prescription, regard shall be had to the
punishment to which the offence is ordinarily liable, independe ntly
of any excuse or other particular circumstance by reason of whi ch
the offence is, according to law , liable to a lesser punishment ; nor
shall any regard be had to any increase of punishment by reason  of
any previous conviction.
Reckoning of 
time according to calendar. 
Amended by: 
XI.1900.92.690. In computing the period established for prescription, the
months and years shall be reckoned according to the ordinarycalendar.
Commencement 
of prescription.  
Amended by: 
XI.1900.92.691. (1) With regard to a completed offence, the period of
prescription shall run from the day on which the offence wascompleted; with regard to an attempted offence, from the day onwhich the last act of execution was committed; with regard to acontinuous offence, from the day on which the last violation to ok
place; and with regard to a continuing offence from the day onwhich the continuance ceased.
Suspension of 
prescription.(2) Where the criminal action cannot be instituted or proceeded
with except on a special authorization, or after the determinat ion of
any issue upon separate proceedings, the period of prescriptionshall be suspended, and shall continue from the day on which th e
authorization is granted or the issue is determined.
Prescription not 
to run when offender is unknown. 
Amended by:
XI.1900.92.692. The period of prescription in respect of crimes shall not
commence to run when the offender is unknown.
Interruption of 
prescription. 
Amended by: 
XI.1900.92.693. (1) The period of prescription is interrupted by any act of
the proceedings served on the party charged or accused in respe ct
of the fact with which he is charged.
(2) The period of prescription is also interrupted by the warran t
of arrest or, where there are no grounds for the arrest, by thesummons, although the warrant of arrest or the summons shall ha ve
had no effect on account of the fact that the party charged oraccused 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
  
368              CAP. 9.]                       CRIMINAL CODE  
all persons who took part in the offence, even though the act o f
interruption takes place against one person only.
Application of 
prescription ex 
officio.
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. 
Added by: 
XXX.1934.27.Title VII
OF FEES
Power of 
Minister responsible for justice to fix fees. Added by: 
XXX.1934.27. 
Amended by:
L.N. 4 of 1963;XXXI.1966.2.695. (1) The Minister responsible for justice shall have power
to amend or add to the scales of fees in the Schedules annexed to
this Code and to fix other fees in substitution for those in th e 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.Title VIII
GENERAL PROVISIONS
Interpretation. 
Added by: 
VIII.1974.2.696. In this Code the phrase "working days" does not include
Saturdays.
Regulations.
Added by:
XXXI.2002 .208.697.  The Minister responsible for justice may make regulations
for the implementation of the provisions of this Code and, ingeneral, to bring the provisions of this Code into effect.
Compensation 
of victims of crime.
Added by:
XVI.2006 .24.698. (1) The Minister may make regulations to establish a
scheme for the compensation of victims of crime under suchconditions and restrictions and subject to such considerations and
qualifications as the Minister may provide and to establish a f und
to finance such a scheme.
(2) Without prejudice to the generality of sub-article (1), any
scheme established under this article:
(a) may be of general application extending to all crimes
or may be limited to such crimes as may be specifiedin the regulations;
(b) may provide that compensation by Government to the
victim shall only be payable when the victim hasexhausted all remedies available to him against theoffender for the payment of damages suffered by thevictim;
(c) may provide for a ceiling on the amount payable to any
individual victim or group of victims by way ofcompensation under the scheme.
(3) The Government shall be subrogated in the rights of the
victim against the offender for the payment of any sums receive d
by the victim from the Government in accordance with any schemeestablished by regulations under this article.
                         CRIMINAL CODE               [CAP. 9.            369
Power to make 
regulations.
Added by:
XXIV .2014 .72.699.  Notwithstanding the other provisions of this Code and of
any other law, the Minister may make regulations to regulate th e
methods of service of judicial acts under this Code.
Asset Recovery  
Bureau.
Added by:
VIII.2015 .39.700. (1) The Minister may, by regulations, provide for the
setting up of an Office to be known as the Asset Recovery Burea u,
to provide for its structure, powers, distribution of duties, l iability
for damages, administrative and operational procedures includin g
internal proceedings, the legal and judicial representation of the
Office, its funding and anything ancillary or incidental theret o.
(2) The Office, shall be a body corporate having a distinct leg al
personality and may also be established as a Government Agency.
The Office shall be capable of entering into contracts, of
concluding memoranda of understanding or other agreements withany foreign body, authority or agency, of acquiring, holding an d
disposing of any kind of property for the purposes of its funct ions,
of suing and being sued, and of doing all such things and enter ing
into all such transactions as are incidental or conducive to th e
exercise or performance of its functions under this Act includi ng
the borrowing of money.
(3) The Minister may by regulations further provide for the
functions and powers of the Office which shall be responsible f or
the tracing, identification, freezing, confiscation and managem ent
of assets and property related, directly and indirectly, to cri minal
activity with a view to combating crime and for this purpose ma y
authorise the Office to exercise any such powers as may beexercised by the Commissioner of Police, by the Commissioner fo r
Revenue or any other public authority established by law.
(4) The Minister may by virtue of the said regulations direct
that this Code or any other law shall have effect in relation t o the
functions, powers and operations of the Office and its officers  and
staff subject to such conditions, exceptions, adaptations ormodifications as may be specified in the said regulations.
(5) Without prejudice to the generality of the foregoing the
Minister may make regulations for anything incidental,consequential or ancillary to the matters provided in this arti cle.
(6) For purposes of this article:
Cap. 164."Commissioner of Police" shall have the meaning assigned to it
under the Police Act; 
Cap. 517."Commissioner for Revenue" shall have the meaning assigned to
it under the Commissioner for Revenue Act.
  
370              CAP. 9.]                       CRIMINAL CODE  
                         CRIMINAL CODE               [CAP. 9.            371
Added by:
L.N. 37 of 2015 .TARIFF*
FEES PAYABLE TO THE REGISTRY OF THE COURTS OF 
CRIMINAL JURISDICTION, MALTA AND GOZO
Added by:
XVI.2006 .25.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 thef t of
vehicles.
*This Tariff substituted Schedules A, B and C as from 1 January , 2015 - see Legal
Notice 37 of 2015 .For the filing of an application of an appeal from
judgements of the Courts of Magistrates ....................... ..€25
For the filing of an application of an appeal from
judgements of the Criminal Courts ............................. .....€50
For the opening of the registry outside working hours
but no fee is payable if request is according to sections409(A) or 412(B) of the Criminal Code (Cap. 9).€75
For every notification of witnesses in the Criminal
Court ......................................................... .....................€7
For photocopies from any criminal proceeding:
i. For every page not authenticated ........................ €0.1 0
ii. For every page authenticated .............................. € 0.35
  
372              CAP. 9.]                       CRIMINAL CODE  
Added by:
IV.2014 .28.
Amended by:
LI.2016 .9.Schedule E
[Article 534AB]
PART I
Letter of Rights
You have the following rights when you are arrested or detained :
A. ASSISTANCE OF A LAWYER/ENTITLEMENT TO
LEGAL AID
You have the right to access a lawyer whilst in detention. Such
right begins from the moment of your detention and before you a re
questioned.
You have the right to be provided with a list of advocates and a
list of legal procurators from which you can choose one to assi st
you or to elect to be assisted by the Advocate for Legal Aid. I n the
latter case, legal assistance is free of charge. The police may  not
indicate to you the name of the lawyer you may engage during yo ur
arrest or detention.
Not less than one hour before the commencement of questioning,
you and your lawyer have the right to be informed of the allege d
offence about which you will be questioned. Such information sh all
be provided to you prior to the commencement of questioning,which time shall not be less than one hour before questioningstarts.
Upon detention, you have the right to meet in private and
communicate with the lawyer representing you, including prior t o
questioning by the police.
You have the right for your law yer to be present and participat e
effectively when questioned.
All questioning, all answers given thereto and all the proceedi ngs
related to the questioning of the suspect or accused person are ,
where possible in the opinion of the interviewer to be recorded  by
audiovisual means; you have the right to be given a copy of therecording following the conclusion of the questioning.
You have the right for your lawyer to attend the following
investigative or evidence-gathering acts:
(i)  identity parades;
(ii)  confrontations;(iii)  reconstructions of the scene of an offence.
The confidentiality of your communication with your lawyer in
the exercise of your right to access a lawyer shall be respecte d.
Upon arrest you are to be informed of your right to have at lea st
one person, such as a relative, an employer or any other person  of
your choice informed of your deprivation of liberty.
If you are a child, that is, a person below the age of eighteen
years, a person entitled to exercise parental authority, tutors hip,
curatorship or guardianship over you is informed of your arrest  or
detention and the reasons for such arrest or detention.
                         CRIMINAL CODE               [CAP. 9.            373
B. INFORMATION ABOUT THE ACCUSATION
If you are arrested, the police shall have the duty to inform y ou
that you are in fact under arrest, even if the arrest appears e vident.
You have the right to be informed, at the time of your arrest o r
your detention, in a language you understand, the reasons for y our
arrest or detention.
If you have been arrested by a warrant issued by a Magistrate,
you shall have the right to a copy of that warrant which shall be
signed by the Magistrate who issued the said warrant.
C. INTERPRETATION AND TRANSLATIONIf you do not speak or understand the language spoken by the
police or other competent authorities, you have the right to aninterpreter, free of charge. The interpreter may help you to ta lk to
your lawyer and must keep the content of that communicationconfidential. You have the right to translation of at least therelevant passages of the essential documents, including any ord er
by a Judge or Magistrate allowing your arrest or keeping you incustody, any charge or indictment and any judgment. You may insome circumstances be provided with an oral translation orsummary.
D. RIGHT TO REMAIN SILENT
While questioned by the police or by other competent authoritie s,
you have the right to remain silent. Your lawyer can help you i n
your decision.
E. ACCESS TO DOCUMENTS
When you are arrested and detained, you, or your lawyer, have
the right to access essential documents you need to challenge t he
arrest or detention.
If your case goes to court, you or your lawyer have the right t o
access the material evidence for or against you.
F. INFORMING SOMEONE ELSE ABOUT YOUR ARREST
OR DETENTION/INFORMING YOUR CONSULATE OREMBASSY
When you are arrested or detained you may, if you want to, ask
the police to inform a relative or a friend of yours of yourdetention.
In certain cases according to law, the right to inform another
person of your detention may be temporarily restricted.
In such cases the police will inform you of this.If you are a foreigner, inform the police if you want your
consular authority or embassy to be informed of your detention.
You may choose to also inform the police if you want to contact
an official of your consular authority or embassy.
G. URGENT MEDICAL ASSISTANCE
When you are arrested or detained, you shall have the right, on
your request, to a doctor of your choice, as long as such docto r may
  
374              CAP. 9.]                       CRIMINAL CODE  
be easily contacted.
Please inform the police if you are in need of urgent medical
assistance.
H. PERIOD OF DEPRIV ATION OF LIBERTY
After your arrest you may be deprived of liberty or detained fo r a
maximum period of 48 hours.
Ask your lawyer or the judge for information about the
possibility to challenge your arrest, to review the detention o r to
ask for provisional release.
PART II
 Letter of Rights for persons arrested on the basis
of a European Arrest Warrant
You have been arrested on the basis of an European Arrest
Warrant. You have the following rights:
A. INFORMATION ABOUT THE EUROPEAN ARREST
WARRANT
You have the right to be informed about the content of the
European Arrest Warrant on the basis of which you have beenarrested.
B. ASSISTANCE OF A LAWYER
You have the right to access a lawyer whilst in detention. Such
right begins from the moment of your detention and before you a re
questioned.
You have the right to be provided with a list of advocates and a
list of legal procurators from which you can choose one to assi st
you or to elect to be assisted by the Advocate for Legal Aid. I n the
latter case, legal assistance is free of charge. The police may  not
indicate to you the name of the lawyer you may engage during yo ur
arrest or detention.
Not less than one hour before the commencement of questioning,
you and your lawyer have the right to be informed of the allege d
offence about which you will be questioned. Such information sh all
be provided to you prior to the commencement of questioning,which time shall not be less than one hour before questioningstarts.
Upon detention, you have the right to meet in private and
communicate with the lawyer representing you, including prior t o
questioning by the police.
You have the right for your law yer to be present and participat e
effectively when questioned.
All questioning, all answers given thereto and all the proceedi ngs
related to the questioning of the suspect or accused person are ,
where possible in the opinion of the interviewer to be recorded  by
audiovisual means; you have the right to be given a copy of therecording following the conclusion of the questioning.
You have the right for your lawyer to attend the following
                         CRIMINAL CODE               [CAP. 9.            375
investigative or evidence-gathering acts:
(i)  identity parades;
(ii)  confrontations;(iii)  reconstructions of the scene of a crime.
The confidentiality of your communication with your lawyer in
the exercise of your right to access a lawyer shall be respecte d.
Upon arrest you are to be informed of your right to have at lea st
one person, such as a relative, an employer or any other person  of
your choice informed of your deprivation of liberty.
If you are a child, that is, a person below the age of eighteen
years, a person exercising parental authority, tutorship, curat orship
or guardianship over you is informed of your arrest or detentio n
and the reasons for such arrest or detention.
C. INTERPRETATION AND TRANSLATIONIf you do not speak or understand the language spoken by the
police or other competent authorities, you have the right to beassisted by an interpreter, free of charge. The interpreter may  help
you to talk to your lawyer and must keep the content of thatcommunication confidential. You have the right to a translation  of
the European Arrest Warrant in a language you understand. Youmay in some circumstances be provided with an oral translation or
summary.
D. POSSIBILITY TO CONSENT
You may consent or not consent to being surrendered to the Stat e
seeking you. Your consent would speed up the proceedings. Thisdecision is irrevocable. Ask the authorities or your lawyer for  more
information.
E. HEARINGIf you do not consent to your surrender, you have the right to be
heard by a judicial authority.