Criminal Code (Cap. 9)

legislation.mt (official source) · last checked 2026-10-09 · 950 articles

Art. 2Offences are divided into crimes and contraventions. Actions arising from an offence. Amended by: VI.1871.1.
Art. 3(1) Every offence gives rise to a criminal actio n and a civil action. (2) The criminal action is prosecuted b
Art. 4(1) The criminal action is esse ntially a public action and is vested in the State and is pros ecuted in the n
Art. 5(1) Saving any other special provision of this Code or of any other law conferring jurisdi ction upon the cour
Art. 5AThe provisions of this Code and of any subsidiary legislation made thereunder shall also apply, in accordance
Art. 6The criminal action and the civil action are prosecuted independently of one another. Criminal actions to be r
Art. 6ACriminal actions shall be resolved without any unreasonable delay having due regard to the need to protect the
Art. 7(1) Saving the exceptions laid down in the law, the punishments that may be awarded for crimes are - (a) impri
Art. 9(1) The punishment of solitary confinement is carried into effect by keeping the person sentenced to imprisonm
Art. 10(1) Interdiction is either general or special. General interdiction. (2) General interdict ion disqualifies th
Art. 11(1) Where it is not otherwise specifically provided, the maximum of a fine ( multa ) is one thousand and one h
Art. 12(1) Persons sentenced to detention shall be detained in the prison or in that part of the prison appointed for
Art. 13(1) Where it is not otherwise specifically provided, the maximum of a fine ( ammenda ) is fifty-eight euro and
Art. 14(1) A person sentenced to a fine ( ammenda or multa ) shall pay the same forthwith. Nevertheless the court may
Art. 15(1) The reprimand or admoni tion shall be made in open court by the judge or magistrate who tried the offence.
Art. 15A(1) In addition to any punishment to which the person convicted of an offence may be sentenced, the Court may
Art. 16Where the punishment is for a term of days, a day of punishment shall be reckoned at twenty-four hours; where
Art. 17In the case of concurrent offences and punishments, the following provisions shall apply: (a) a person guilty
Art. 18Where the several acts commi tted by the offender, even if at different times, constitute vi olations of the s
Art. 19Every punishment established for any offence shall be deemed to be so established without prejudice to any hig
Art. 20When the law expressly provides that a punishment shall not be awarded in its minimum, the punishment to be aw
Art. 21Saving the provisions of article 492, the court may, for special and exceptional reasons to be expressly state
Art. 22Except in the case of a sentence of imprisonment for life or of imprisonment or detention in default of paymen
Art. 23(1) The forfeiture of the corpus delicti, of the instruments used or intended to be used in the commission of
Art. 23A(1) The freezing of property of any person charged or accused of a relevant offence sha ll be regulated by the
Art. 23B(1) Without prejudice to the provisions of article 23 the court shall, in addition to any punishment to which
Art. 23C(1) Where it is established that the value of the property of the person found guilty of a relevant offence is
Art. 23D(1) Where the court makes any order as is mentioned in articles 23A to 23C, both articl es inclusive, it shall
Art. 24In the case of any contravention committed by a person who is under the authority, control or charge of anothe
Art. 25All disabilities arising, under the provisions of any law whatsoever, out of any punishment, are abolished. Ri
Art. 26(1) Any sentence to a punishment established by law shall always be deemed to have been a warded without preju
Art. 27If the punishment provided by the law in force at the time of the trial is different from that provided by the
Art. 28(1) When more punishments of the same kind are awarded at the same time against the same offender, they shall
Art. 28A(1) Subject to sub-articles (2) to (7) and to articles 28B to 28I, a court which passes a sent ence of impriso
Art. 28B(1) Where an offender is convicted of an offence punishable with imprisonment committed during the operational
Art. 28C(1) An offender may be dealt with in respect of a suspended sentence by the Court of Criminal Appeal, by the C
Art. 28D(1) If it appears to the Court of Criminal Appeal, to the Criminal Court or to the Court of Magistrates that a
Art. 28E(1) Where an offender is sentenced for more than one crime in accordance with the provisions of article 17( b)
Art. 28FIn dealing with an offender for an offence punishable with imprisonment committed during the operational perio
Art. 28G( 1 ) W h e r e a s e n t e n c e o f m o r e t h a n s i x m o n t h s imprisonment is suspended in accordanc
Art. 28H(1) When making an order for suspended sentence under sub-article (1) of article 28A, the court may enter in s
Art. 28I(1) For the purposes of any right of appeal an order made by a court under article 28B(1) or article 28H(5) th
Art. 29(1) Any person sentenced to the payment of a fine (ammenda or multa ) and who is granted the benefit of time b
Art. 30(1) Without prejudice to the provisions of any other law imposing or authorising the su spension or cancellati
Art. 31(1) The ascent or descent from one degree of punishment to another shall be as follows: (a) subject to any spe
Art. 32(1) Where the punishment includes a latitude of more degrees, the ascent or descent sh all be made by raising
Art. 33Every person is exempt from criminal responsibility if at the time of the act or omission complained of, such
Art. 33A(1) Where an offence is committed by a person who is a prisoner the punishment for the offence shall in case o
Art. 34(1) Save as provided in this article, intoxication shall not constitute a defence to any criminal charge. (2)
Art. 35(1) Without prejudice to the powers of the Minister under the Children and Young Persons (Care Orders) Act and
Art. 36(Repealed by Act III.2014.3.). Minors under sixteen years of age acting without mischievous discretion. Added
Art. 37( 1 ) T h e m i n o r u n d e r s i x t e e n y e a r s o f a g e s h a l l a l s o b e exempt from criminal r
Art. 38Repealed by: XVIII.1980.15. Rules concerning deaf- mutes. Added by: III.1899.13. Amended by: XI.1900.13.
Art. 39(Repealed by Act III.2014.5.). Other rules concerning deaf- mutes. Added by: III.1899.13. Amended by: XI.1900.
Art. 40The following rules shall be o bserved in the case of deaf- mutes who have acted with a mischievous discretion
Art. 41(1) Whosoever with intent to commit a crime shall have manifested such intent by overt acts which are followed
Art. 42A person shall be deemed to be an accomplice in a crime if he - (a) commands another to commit the crime; or (
Art. 43Unless otherwise provided by law, an accomplice in a crime shall be liable to the punishment established for t
Art. 44Where two or more persons take part in the commission of a crime, the circumstances which refer solely to the
Art. 45Where two or more persons take part in the commission of a crime, any act committed by any of such persons, wh
Art. 46Where the actual commission of a crime is established, an accomplice shall be liable to be punished, independe
Art. 47Any person who - (a) constrains another person by an external force which such other person could not resist,
Art. 48The provisions contained in this Title shall also apply to contraventions. Added by: III.2002.18. TITLE IV BIS
Art. 48A(1) Whosoever in Malta conspires with one or more persons in Malta or outside Malta for the purpose of committ
Art. 49(1) A person is deemed to be a recidivist if, after being sentenced for any offence by a judgement, even when
Art. 50Where a person sentenced for a crime shall, within ten years from the date of the expiration or remission of t
Art. 51Where, however, a person, while undergoing a punishment for life and restrictive of personal liberty, commits
Art. 52For the purposes of the provisions contained in the foregoing articles of this Title , any sentence in respect
Art. 53Where a person sentenced for a contravention shall, within three months from the date of the expiration or rem
Art. 54A person sentenced shall continue to be considered as such for the purpose of the provisions concerning recidi
Art. 54A(1) It is a crime for a person to commit genocide, a crime against humanity, a war crim e or a crime of aggres
Art. 54B(1) Genocide is committed where any of the following acts is committed with intent to destroy, in whole or in
Art. 54C(1) A crime against humanity is committed where any of the following acts is committed as part of a widespread
Art. 54DA war crime is committed where any of the following acts is committed: (a) grave breaches of the Ge neva Conve
Art. 54DA(1) A crime of aggression means the planning, preparation, initiation or execution, by a person in a position
Art. 54E(1) This article applies in rel ation to offences under this Part. (2) A military commander, or a person effec
Art. 54F(1) References in this Part to a person committing - (a) genocide, (b) a crime against humanity, or (c)a w a r
Art. 54G(1) Without prejudice to the provisions of article 5, a criminal action for an offence under this Title may al
Art. 54HThe provisions of any law which make provision for the protection of victims and witnesses of certain offences
Art. 54I(1) The following provisions apply in relation to offences under this Title. (2) Proceedings for an offence sh
Art. 55Whosoever shall take away the life or the liberty of the President of Malta, or shall endanger his life by bod
Art. 55AWhosoever by any means shall incite others to take away the life or liberty of the President of Malta or of an
Art. 56(1) Whosoever shall subvert or attempt to subvert the Government of Malta by committin g any of the acts hereu
Art. 57(1) Whosoever shall take part in a conspiracy having for its object any of the crimes referred to in the last
Art. 58A conspiracy shall subsist from the moment in which any mode of action whatsoever is pl anned or agreed upon b
Art. 59(1) Whosoever, by any speech delivered in any public place or at any publi c meeting, shall d irectly provoke
Art. 60In the crimes referred to in t he preceding articles of this Title, any of the offenders who shall, before the
Art. 61Whosoever, knowing that any of the crimes referred to in the preceding articles of this Title is about to be c
Art. 62The provisions of the last pr eceding article shall not apply to the spouse, the ascendants or descendants, th
Art. 63Any offence committed by three or more persons assembled with intent to commit an offence, and two of whom car
Art. 64(1) Arms proper are all fire-arms and all other weapons, instruments and utensils which a re mainly intended f
Art. 65(1) The punishment for an offence accompanied with public violence, shall be higher by one degree than the pun
Art. 66The persons assembled as provided in article 63 shall, for the mere fact of having so assembled, be liable to
Art. 68(1) Whosoever shall incite an assembly of persons, who when so incited shall be ten or more in number, for the
Art. 69Whosoever shall publicly instigate any other person to commit an offence, shall, for the mere fact of the inst
Art. 70Whosoever shall publicly incite any other person to disobey the law, shall, on conviction, be liable to impris
Art. 71Whosoever shall, by any unlawful means not amounting to the crime referred to in articl e 56, endeavour to com
Art. 72Deleted by XI.2018 .25. Unlawful assembly with seditious violent intent. Amended by: XXI.1971.11; XXVII.1975.7
Art. 73If three or more persons shall unlawfully assemble, or being unlawfully assembled, shall continue so together,
Art. 74I f t w o o r m o r e p e r s o n s s h a l l c o n s p i r e t o i n c i t e o t h e r persons to attempt the
Art. 76(1) Whosoever shall administer, or cause to be administered or taken, any oath or engagement intended to bind
Art. 77The punishment established in the last preceding article shall apply to any person who shall take any such oat
Art. 78Whosoever shall endeavour to seduce any person serving in the Armed Forces of Malta from his duty and allegian
Art. 79(1) If three or more persons shall assemble or shall continue together, for any purpos e whatsoever, in such m
Art. 80If twelve or more persons being unlawfully assembled together to the disturbance of t he public peace, and bei
Art. 81There shall not be deemed t o be an unlawful assembly under the provisions of the preced ing articles, where t
Art. 82Whosoever shall maliciously spread false news which is likely to alarm public opinion or disturb public good o
Art. 82A(1) Whosoever uses any threa tening, abusive or insulting words or behaviour, or displays any written or print
Art. 82BWhosoever publicly condones, denies or grossly trivialises genocide, crimes against humanit y and war crimes d
Art. 82C(1) Whosoever publicly condones, denies or grossly trivialises crimes against peace directed against a person
Art. 82DWhosoever aids, abets or instigates any offence under articles 82A to 82C, both inclusive, shall be guilty of
Art. 82E(1) The provisions of articles 121D, 208B(5) and 248E(4) shall apply mutatis mutandis to an offence under arti
Art. 83Any person who establishes, maintains on his own or with other persons or belongs to any association of person
Art. 83A(1) Any person who - (a) promotes, constitutes, organises or finances an organization with a view to commit cr
Art. 83BThe punishment established for any offence shall be increased by one to two degrees when the offence is aggrav
Art. 83CWhenever an offence is committed for the benefit, in part or in whole, of a body corporate by a person who has
Art. 84Whosoever shall assume any public function, whether civil or military, without being entitled thereto, and sha
Art. 85(1) Whosoever, without intent to steal or to cause any wrongful damage, but only in the exercise of a pretende
Art. 86Whosoever, without a lawful order from the competent authorities, and saving the cases where the law authorize
Art. 87(1) The punishment for the crime referred to in the last preceding article, shall be impr isonment for a term
Art. 88Where the bodily harm referred to in paragraph ( c) of the last preceding article is liable to a punishment hi
Art. 89The punishment for the illegal arrest, detention or confinement of a person, without the concurrence of any of
Art. 89A(1) Whosoever removes from Malta or retains a minor under the age of sixteen (16) years abroad in breach of an
Art. 90Whosoever unlawfully and forcibly removes any person to any other country, or wrongfully detains, arrests or c
Art. 91Whosoever by violence or threats compels a public officer to do or not to do any act appertaining to his offic
Art. 92The general expression "public officer", includes not only the constituted authorities, civil and military, bu
Art. 93(1) Whosoever reviles or threatens a judge, or the Attorney General, or a magistrat e or a juror, while in the
Art. 94(1) Whosoever shall cause a bodily harm to any of the persons mentioned in the last preceding article, while i
Art. 95Whosoever, in any other case not referred to in the last preceding two articles, reviles , or threatens, or ca
Art. 96Whosoever assaults or resists by violence or active force not amounting to public violence, any person lawfull
Art. 97If any of the offenders mentioned in the last preceding article shall use any arm prop er in the act of the as
Art. 98Where any of the crimes referred to in article 96 is accompanied by public violence, the punishment shall be i
Art. 98AThe provisions of articles 28A, 28B, 28C, 28D, 28E, 28F, 28G , 28H, 28I of this Code and article 22 of the Pro
Art. 99No punishment shall be awarded for the mere act of the assault or resistance mentioned in articles 96 and 98 a
Art. 99A(1) The following provisions shall apply to the offences under this Sub-title. (2) The provisions of article 2
Art. 100In this Sub-title "criminal proceedings" includes the inquiry referred to in Sub-title II of Title II of Part
Art. 101(1) Whosoever, with intent to harm any person, shall accuse such person before a compe tent authority with an
Art. 102Whosoever, in any civil or criminal proceedings, suborns a witness, a referee, or an interpreter, to give fals
Art. 103Whosoever, in any civil or c riminal proceedings, shall cause a false document to be prepared or shall knowing
Art. 104(1) Whosoever shall give false evidence in any criminal proceedings for a crime liable to a punishment higher
Art. 105Whosoever shall give false evidence in any criminal proceedings for an offence not r eferred to in the last pr
Art. 106(1) Whosoever shall give false evidence in civil matters, shall, on conviction, be liable to imprisonment for
Art. 107(1) Any referee who, in any civil or criminal proceedings, shall knowingly certify false facts, or maliciously
Art. 108(1) Whosoever, in any other case not referred to in the preceding articles of this Sub-ti tle, shall make a fa
Art. 109(1) The court shall, in passing sentence against the offender for any crime referred to in this Sub-title, exp
Art. 110(1) Whosoever shall fraudulently cause any fact or circumstance to exist, or to app ear to exist, in order tha
Art. 111(1) Whosoever shall hinder any person from giving the necessary information or evidence in any civil or crimin
Art. 112Any officer or person employed in any public administration, or any person employed by or under the Government
Art. 113Where the unlawful exactio n referred to in the last preceding article, is committed by means of threats or ab
Art. 114Where the crimes referred to i n t h e l a s t t w o p r e c e d i n g articles are accompanied with c ircumst
Art. 115(1) Any public officer or servant who, in connection with his office or employment, reque sts, receives or acc
Art. 116(1) Where the crime referred to in paragraph (c) of the last preceding article consists in sentencing a defend
Art. 117Where the crime referred to in article 115( c) consists in the release of a person charged with an offence, or
Art. 118(1) Any member of the House of Representatives who requests, receives or accepts, fo r himself or for any othe
Art. 119The punishment of perpetu al general interdiction or perpetual special interdiction, or both, as the case may
Art. 120(1) In the cases referred to in articles 115, 116, 117 and 118, the person who bribes the public officer or se
Art. 121(1) The provisions of this Sub-title shall apply to and in relation to any person who is entrusted with or has
Art. 121A(1)Any person who promises, gives or offers, directly or indirectly, any undue advantage to any other person w
Art. 121BWhosoever, with intent to commit, conceal or disguise any offence, creates or uses an invoice or any other acc
Art. 121CWithout prejudice to the provisions of article 5, the Maltese courts shall also have jurisdiction over the off
Art. 121DWhere an offence under this title has been committed by a person who at the time of the said offence is the di
Art. 121EThe provisions of article 248E(4) shall apply mutatis mutandis to any person found guilty of any of the offenc
Art. 122Any advocate or legal procu rator who, having already commenced to act on behalf of on e party, shall, in the
Art. 123Any advocate or legal procu rator who shall betray the interests of his client in such a manner that, in conse
Art. 124Any public officer or servant who shall overtly or covertly or through another person take any private interes
Art. 125Any public officer or servant who takes any private interest in any matter in respect of which he is entrusted
Art. 126Whenever, in the cases referred to in the last two preceding articles, any loss is fraudulently caused to the
Art. 127(1) Any public officer or servant who for his own private gain or for the benefit of another person or entity,
Art. 128Any turnkey or gaoler who shall take any prisoner in custody without a lawful warrant or order from a person a
Art. 129(1) Any turnkey or gaoler who shall subject any person under his custody to any arbitrary act or restriction n
Art. 130Any public officer or servant who, without authority or necessity, detains or causes to be detained, any perso
Art. 131Any public officer or servant who has under his orders the civil police force and who, on a lawful request mad
Art. 132Any juror, witness or referee who, with the object of not affording assistance to the competent authority lawf
Art. 133Any public officer or servant who communicates or publishes any document or fact, entrusted or known to him by
Art. 134Any public officer or servan t who, having been dismissed, interdicted, or suspended, and having had due notic
Art. 135Any person vested with public authority who, by any unlawful measures devised with other persons, hinders the
Art. 135AAny public officer or servant who, under colour of his office, creates or assumes leader ship of a group which
Art. 136(1) Any public officer or servant who, under colour of his office, shall, in cases other than those allowed by
Art. 137Any magistrate who, in a matter within his powers, fails or refuses to attend to a lawful complaint touching a
Art. 138Any public officer or servant who shall maliciously, in violation of his duty, do or omit to do any act not pr
Art. 139Where the injurious or opp ressive act is one of those mentioned in articles 86, 87, 88 and 89, the offender s
Art. 139AAny public officer or servant or any other person acting in an official capacity who intentionally inflicts on
Art. 140In the cases referred to in articles 133 to 139 inclusively, the court may, in addition to the punishment ther
Art. 141Saving the cases where the law specifically prescribes the punishment to which offences committed by public of
Art. 142(1) Whosoever shall be guilty of breaking any seal CRIMINAL CODE [CAP. 9. 75 affixed by order of a public aut
Art. 143Every theft committed by means of the breaking of any seal affixed by order of a public authority shall be dee
Art. 144(1) In cases of embezzlement, destruction, m utilation or purloining of documents, records or other papers, re
Art. 145Where any of the crimes referred to in the preceding articles of this Sub-title is comm itted with violence ag
Art. 146Repealed by: XVII.1996.19. 76 CAP. 9.] CRIMINAL CODE Fraudulent retention, etc., of postal packets or parcels.
Art. 147Repealed by: XVII.1996.19. Unlawful opening of letters, etc., by post office officials. Amended by: XLIX.1981.
Art. 148Repealed by: XVII.1996.19. Suppression of letters, etc., by post office officials. Amended by: XLIX.1981.4.
Art. 150Saving the cases of negligence referred to in articles 142 and 144, any public officer or servant who shall, i
Art. 151Any person under sentence and any other prisoner who shall be guilty of simple escape or who escapes from the
Art. 152Any prisoner who shall be guilty of escape from any place of confinement or of punishment, or from a hospital
Art. 153Where the escape of any person under arrest or sentence is effected in consequence of the negligence or imprud
Art. 154Where the escape of any person under arrest or sentence is effected with the connivance of or by bribing the p
Art. 155The punishment laid down in the last two preceding articles shall be increased by one degree, where the escape
Art. 156Whosoever, not being charged with the custody, care, or conveyance of any person under arre st or sentence, sh
Art. 157Whosoever shall knowingly provide the means for effecting an escape from Malta, whether of a person accused of
Art. 158Whosoever shall knowingly harbour or cause to be harboured any person against whom there is a warrant of arres
Art. 159Nevertheless, the spouse, the ascendant or descendant, the brother or sister, parents of ei ther spouse, spo u
Art. 160The provisions of articles 151 to 159 inclusively shall apply in the case of escape of any person lawfully con
Art. 161Whosoever shall destroy, throw down, deface, or otherwise damage any monument, statue, or other object of art,
Art. 162Whosoever shall violate any tomb or burial place, burial place, or columbarium publicly acknowledged as such,
Art. 163Repealed by Act XXXVII.2016.3. Vilification of other cults tolerated by law. Added by: XXVIII.1933.2.
Art. 164Repealed by Act XXXVII.2016.3. Obstruction of religious services. Added by: XXVIII.1933.2. Amended by: XXXVII.
Art. 165(1) Whosoever impedes or disturbs the performance of any function, ceremony or relig ious service of any relig
Art. 166(1) Whosoever shall forge any Government debenture for sums advanced on loan to the Government, shall, on conv
Art. 167(1) Whosoever shall forge any schedule, ticket, order or other document whatsoever, upon the presentation of w
Art. 168(1) Any public officer or servant who, by abuse of his office or employment, becomes guilty of any of the crim
Art. 169Whosoever shall knowingly make use of any of the instruments specified in articles 166, 167 and 168 shall, on
Art. 170(1) Whosoever shall forge any act containing an order or resolution of the Government of Malta, and whosoever
Art. 171Whosoever shall counterfeit the Public Seal of Malta, or shall knowingly make use of such counterfeited seal,
Art. 172(1) Whosoever, except in the cases referred to in the last preceding article, shall counterfe it any seal, sta
Art. 173Whosoever shall counterfeit postage stamps, or shall knowingly make use of counterfeit ed postage stamps, shal
Art. 174(1) Whosoever, without the special permission of the Government, shall knowingly keep in his possession counte
Art. 175The same punishment establish ed in article 173 shall apply to any person who, without lawful authority or exc
Art. 176There shall be forgery within the meaning of articles 171 and 172, not only if a false instrument is made or a
Art. 177Where the person guilty of any of the crimes referred to in articles 171, 172 and 176 is a public officer or s
Art. 178Any person guilty of any of the crimes referred to in articles 166 to 177 inclusively, shall be exempted from
Art. 179Saving the cases referred to i n the preceding Sub-title, any public officer or servant who sh all, in the exe
Art. 180Any public officer or servant who, in drawing up any act within the scope of his duties, shall fraudulently al
Art. 181Any public officer or servant who shall give out any writing in a legal form, representing it to be a copy of
Art. 182(1) The punishment laid down in the last preceding article shall be applied where t he forgery is committed by
Art. 183Any other person who shall commit forgery of any authentic and public instrument or of any commercial document
Art. 184Any person who shall knowingly make use of any of the false acts, writings, instruments or documents mentioned
Art. 185(1) Saving the cases referred to in the preceding articles of this Title, where any public officer or servant
Art. 186Whosoever shall knowingly make use of any of the documents mentioned in the last preceding article, shall, on
Art. 187(1) Whosoever shall, by any of the means specified in article 179, commit forgery of any private writing tendi
Art. 187AWhosoever fraudulently br eaches an agreement with a Government department referring t o this article and made
Art. 187BWhosoever, after entering into an agreement with a Government department referring to this article and made in
Art. 187CProceedings under articles 187A and 187B may only be instituted upon the complaint of the Commissioner for Tax
Art. 188(1) Whosoever, in order to gain any advantage or benefit for himself or others, shall, in any document intende
Art. 188AFor the purposes of the following provisions of this Sub- title, any reference to the term "currency" shall be
Art. 188B(1) Whosoever fraudulently ma kes, alters, or forges any currency or utters any forged currency knowing the sa
Art. 188CWhosoever without lawful authority imports, exports, transports, purchases, receives, obtains, or has in his c
Art. 188DWhosoever without lawful authority - (a) makes, receives, obtains, uses or knowingly has in his custody or pos
Art. 188EWhosoever without lawful authority or lawful or reasonable excuse mutilates, cuts, tears, melts down, impairs,
Art. 188F(1) If, in the course of criminal proceedings, the court deems it necessary to order the destruction of counte
Art. 188G(1) In accordance with the provisions of Council Regulation (EC) No 2182/2004 concerning medals and tokens sim
Art. 188HThe provisions of articles 121D and 248E(4) shall apply mutatis mutandis to offences under articles 188B to 18
Art. 188ISaving the provisions of article 5 and any other provisions of this Code or of any other law conferring jurisd
Art. 189Whosoever shall commit any other kind of forgery, or shall knowingly make use of any other forged document, no
Art. 189AFor the purposes of this Title, "document", "instrument", "writing" and "book" include any card, disc, tape, s
Art. 190In all crimes of forgery when committed by public officers or servants, the punishment of p erpetual general i
Art. 190A(1) This Sub-title establishes rules concerning the combating of fraud and other illegal activities affecting
Art. 190BFor the purposes of this Sub-title the following definitions, unless the context otherwis e requires, shall ap
Art. 190C(1) Whosoever intentionally commits fraud affecting the European Union’s financial interests shall be liable,
Art. 190EAny public officer who is directly or indirectly entrusted with the management of funds or assets, and who com
Art. 190FWhosoever incites, aids, abets or attempts any offence under articles 190C, 190D or 190E shall be guilty of an
Art. 190H(1) Where the offences referred to in articles 190C, 190D, 190E and 190F involve considerable damage or advant
Art. 190IThe punishment for the offences referred to in articles 190C, 190D, 190E and 190F shall be increased by one to
Art. 191A bankrupt trader shall be declared guilty of fraudulent bankruptcy and shall be punishable with imprisonment
Art. 192A bankrupt trader shall be declared guilty of simple bankruptcy and shall be punishable with imprisonment for
Art. 193Any broker who, in the course of the habitual exercise of his trade, becomes a bankrupt, shall be liable to th
Art. 194A bankrupt trader can be declared guilty of simple bankruptcy and be liable to the punishment laid down in art
Art. 195Complicity in bankruptcy shall be restricted solely to those persons who collude with the ba nkrupt to defraud
Art. 196Any: (a) spouse; (b) civil union partner; or (c) cohabitant in a registered or unilaterally declared cohabitat
Art. 196ADeleted by XXVII.2020.34. Prostituting of descendant under age by ascendant. Amended by: VIII.1909.10; XIV .19
Art. 197(1) Any ascendant by consanguinity or affinity who, by the use of violence or by threats, compels, or, by dece
Art. 198(1) Whosoever shall engage in non-consensual carnal connection, that is to say, vagin al, anal or oral penetra
Art. 199(1) Whosoever shall, abduct any person with the intent to harm such person, shall, on conviction, be liable to
Art. 200Deleted by Act XIII.2018.24. Where offender marries person abducted. Non-consent in cases of carnal knowledge
Art. 201Unlawful carnal knowledge and any other indecent assault, shall be presumed to be non-consensual: (a) when it
Art. 202The punishment prescribed for any of the crimes referred to in the preceding articles of this Sub-title, shall
Art. 203(1) Whosoever, by lewd acts, defiles a person who has not completed the age of sixteen years, shall, on convic
Art. 203AWhosoever, by any means other than those mentioned in article 203(1), instigates, encourages or facilitates th
Art. 204(1) Whosoever in order to gratify the lust of any other person induces a person under age to practise prostitu
Art. 204A(1) Whosoever - (a) with violence, threats, coercion or force compels a person under age into prostitution or
Art. 204B(1) Whosoever in order to gratify the lust of any other person engages, recruits or causes a person under age
Art. 204C(1) Whosoever takes part in sexual activities with a person who has not completed the age of sixteen years sha
Art. 204D(1) Whosoever: (a) compels, coerces, forces or threatens a person under age to perform sexual activ ities with
Art. 205Whosoever in order to gratify the lust of any other person, by the use of violence, compels or, by deceit, ind
Art. 206The crimes referred to in th is Title to constitute which there must be a carnal connectio n shall be deemed t
Art. 207Whosoever shall be guilty of any non-consensual act of a sexual nature which does not, in itself, constitute a
Art. 208(1) Whosoever displays or permits to display any pornographic material in a pub lic place shall, on conviction
Art. 208A(1) Any citizen or permanent resident of Malta whether in Malta or outside Malta, as well as any person in Mal
Art. 208AA(1)Whosoever being a person aged eighteen (18) years or over who has met or communicated with a person under t
Art. 208AB(1) Whosoever disseminates any materials advertising the opportunity to commit any of the offences under artic
Art. 208AC(1) The punishment for the offences referred to in articles 204, 204A to 204D, both inclusive, 208A(1) to 208A
Art. 208B(1) The following provisions shall apply to the offences under articles 198, 203 to 204D, both inclusive, and
Art. 208CWhosoever aids, abets or instigates any offence under articles 204, 204A to 204D, both inclusive, and articles
Art. 208D(1) Whosoever, for gain, distribution, or for display in a public place or in a place accessible to the public
Art. 208E(1) Whosoever, with an intent to cause distress, emotional harm or harm of any nature, takes or discloses a pr
Art. 209Whosoever, except in the cases referred to in the preceding articles of this Sub-title or in any other provisi
Art. 209ADeleted by: Act LXIV .2021.19. Competent authority may decide not to prosecute victims who are minors or exemp
Art. 209BIn the case of offences in ac cordance with articles 204A, 204B, 208, 208A or 208C, the competent authority ma
Art. 210Any person found guilty of k idnapping, or concealing, an infant, or of suppressing its birth, or of substitut
Art. 211(1) Whosoever shall be guilty of wilful homicide shall be punished with imprisonment for life. Definition of "
Art. 211AIn sentencing a person convicted of the wilful homicide or of the attempted wilful homicide of a person of the
Art. 212The provisions of article 211 shall also apply even though the offender did not intend to cause the death of a
Art. 213Whosoever shall prevail on any person to commit suicide or shall give him any assistance, shall, if the suicid
Art. 214Whosoever, without intent to kill or to put the life of any person in manifest jeopardy, shall cause harm to t
Art. 215A bodily harm may be eit her grievous or slight. Grievous bodily harm. Amended by: V .1868.8; VI.1871.14; XI.1
Art. 216(1) A bodily harm is deemed to be grievous and is punishable with imprisonment for a term from one year to sev
Art. 217A grievous bodily harm is punishable with imprisonment for a term from two to ten years if it is committed wit
Art. 218(1) A grievous bodily harm is punishable with imprisonment for a term from five to ten years - (a) if it cause
Art. 219The punishments laid down in articles 216 and 218 shall be decreased by one or two degrees if a supervening ac
Art. 220(1) Whosoever shall be guilty of a grievous bodily harm from which death shall ensue solely as a result of the
Art. 221(1) A bodily harm which does not produce any of the effects referred to in the pr eceding articles o f this Su
Art. 222(1) The punishments established in articles 216, 217, 218 and 220, and in sub-a rticles (1) and (2) of the las
Art. 222A(1) Deleted by Act LXV .2021.6. (2) The punishments established in the foregoing provisions of this Sub-title
Art. 223No offence is committed when a homicide or a bodily harm is ordered or permitted by law or by a lawful authori
Art. 224Cases of actual necessity of lawful defence shall include the following: (a) where the homicide or bodily harm
Art. 225(1) Whosoever, through imprudence, carelessness, unskilfulness in his art or profession, or non-observance of
Art. 226(1) Where from any of the causes referred to in the last preceding article a bodi ly harm shall ensue, the off
Art. 226AWhere a person gives cause to a death or bodily harm mentioned in the foregoing provisions of this Sub-title i
Art. 226BWhere any of the offences in articles 225, 226 and 226A has been committed by any explosive fluid or substance
Art. 226CNotwithstanding the provisions of articles 225, 226 and 226A, a person will not be criminally liable if, confr
Art. 226DWhere a person commits an offence referred to in articles 225, 226 or 226A and subsequently: (a) flees from th
Art. 227Wilful homicide sha ll be excusable - (a) where it is provoked by a grievous bodily harm, or by any crime what
Art. 228(1) In the case of wilful homicide excusable in terms of paragraph ( a) or (b) of the last preceding ar ticle,
Art. 229The excuse referred to in article 227( c) , s h a l l n o t b e admissible - (a) where the passion is provoked
Art. 230The crime of wilful bodily harm shall be excusable - (a) in the cases mentioned as excuses for wilful homicide
Art. 231(1) In the cases referred to in paragraph ( a) of the last preceding article, the offender sh all, on convicti
Art. 232In the cases referred to in article 230( b) and (c) the offender shall, on conviction, be liable - (a) if the
Art. 233(1) In the cases referred to in article 230( d), the offender shall, on convictio n, be liable - (a) in the ca
Art. 234Whosoever shall, by mist ake or accident, commit a homicide or cause a bodily harm on a person other than that
Art. 235The provocations referred to in articles 227 and 230 shall not benefit the offender, unle ss they shall have t
Art. 236Repealed by: XXIX.1990.10. Homicide or bodily harm in accidental affray. Amended by: VIII.1857.8; VI.1871.18;
Art. 237Where in an accidental affray a homicide or bodily harm is committed and it is not known who is the author the
Art. 238Whosoever shall provoke a tumult or an affray for the purpose of committing a homicide or of causing a bodily
Art. 239Whosoever shall k nowingly conceal or unlawfully cremate the body of a person whose death has been caused by a
Art. 240Any person who, immediately after the delivery of a child, shall, by secretly burying or otherwise disposing o
Art. 241(1) Whosoever, by any food, drink, medicine, or by violence, or by any other means whatsoever, shall cause the
Art. 242If the means used shall cause the death of the woman, or shall cause a serious injury to her person, whether t
Art. 243Any physician, surgeon, obstetrician, or apothecary, who shall have knowingly prescribed or administered the m
Art. 243AWhosoever, through im prudence, carelessness, unskilfulness in his art or profession, or non-observance of reg
Art. 243BNo offence under sub-article (2 ) of article 241 or article 243 shall be committed when the cessa tion of a pr
Art. 244Whosoever shall, in any manner, maliciously administer to, or cause to be taken by another person any poisonou
Art. 244A(1) Any person who, knowing that he suffers from, or is afflicted by, any disease or condition as may be speci
Art. 245Where a woman by any wilful act or omission causes the death of her child, being a child under the age of twel
Art. 246Whosoever shall be guilty of abandoning or exposing any child under the age of seven years shall be liable to
Art. 247(1) Saving the provisions of article 245, where, in consequence of the abandonment or exposure of the child, s
Art. 247A(1) Whosoever, having the responsibility of any child under sixteen years of age, by means of persistent acts
Art. 248Whosoever, having found a newly born child, shall fail to provide for its immediate safety, or, having assumed
Art. 248A(1) Whosoever, by any means mentioned in sub-article (2), traffics a person of age for the purpose of exploiti
Art. 248BWhosoever, by any means mentioned in article 248A(2), trafficks a person of age for the purpose of exploiting
Art. 248C(1) Whosoever, by any means mentioned in article 248A(2), trafficks a person of age for the purpose of exploit
Art. 248CA(1) Whosoever removes a human organ, tissue or cell from living or deceased donors in any of the following cir
Art. 248DWhosoever trafficks a minor for any of the purposes mentioned in articles 248A to 248CA, both inclusive, shall
Art. 248DAWhosoever, for any purpose referred to in articles 248A to 248CA, both inclusive, acting as an intermediary fo
Art. 248DBWhosoever shall practice or engage in child labour for any of the purposes mentioned in article 248A shall, on
Art. 248E(1) In this Sub-title, the phrase "trafficks a person" or "trafficks a minor" means the recruitment, transport
Art. 248GThe provisions of articles 21 and 28A of this Code and the provisions of the Probation Act shall not apply in
Art. 249(1) Whosoever by means of any writing, whether anonymous or signed in his own or in a fictitious name, shall t
Art. 250(1) Whosoever, with intent to extort money or any other thing, or to make any gain, or with intent to induce a
Art. 251(1) Whosoever shall use violence, including moral and, or, psychological violence, and, or coercion, in order
Art. 251A(1) A person who: (a) pursues a course of conduct which amounts to harassment of another person; or (b) pursue
Art. 251AA(1) A person who: (a) pursues a course of co nduct in breach of article 251A(1), and (b) the course of conduct
Art. 251B(1) A person whose course of conduct causes another to fear that violence will be used a gainst him or his pro
Art. 251BA(1) A person whose course of conduct - (a) amounts to stalking, and (b)e i t h e r : (i) causes another to fea
Art. 251BB(1) Any person who with intention to cause physical or mental harm to another person, inc luding self harm or
Art. 251BC(1) Any person who, with intention to cause physical or mental harm to another person, i ncluding self harm or
Art. 251CIn articles 251A to 251BA, both inclusive, references to harassing a person include alarming the person or cau
Art. 251D(1) The punishments established in the foregoing provisions of this Sub-title shall be increased by one to two
Art. 251E(1) Whosoever, for non-medical reasons, performs an operation or carries out any intervention on a woman’s gen
Art. 251EA(1) Whosoever carries out virginity testing upon another person by examining the female genitalia of that pers
Art. 251F(1) Whosoever surgically removes or disables a minor person’s reproductive organs, or an adult person’s reprod
Art. 251GAny person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful cond
Art. 251GAAny person who by force, bribery, deceit, deprivation of liberty, improper pressure or any other unlawful cond
Art. 251HThe punishment for the offences referred to in articles 251 to 251G , both inclusive, shall be increased by on
Art. 251HAThe punishment prescribed for any of the crimes referred to in the preceding articles of this Sub-title shall
Art. 251I(1) The following provisions shall apply to the offences under articles 198, and 251 to 251G, both inclusive.
Art. 252Deleted by XI.2018 .25. Evidence of truth inadmissible. Amended by: XI.1900.36; IV .1916.3.
Art. 253Deleted by XI.2018 .25. Exceptions. Extenuating circumstances. Discretionary power of court. Amended by: XI.19
Art. 254Deleted by XI.2018 .25. No proceedings without complaint of aggrieved party. Where party aggrieved dies before
Art. 256Deleted by XI.2018 .25. CRIMINAL CODE [CAP. 9. 145 Disclosing of professional secrets. Substituted by: XXIV .1
Art. 257If any person, who by reason of his calling, profession or office, becomes the depositary of any secret confid
Art. 257A(1) A person who knows or ou ght to know that a person is an elder or a dependent adult and who, under circums
Art. 257B(1) Whosoever shall be guilty of a grievous bodily harm from which death shall ensue sole ly as a result of th
Art. 257C(1) A person who knows or ought to know that a person is an elder or a dependent adult a nd who, under circums
Art. 257D(1) Any person found guilty of any offence under Title IX of Part II of Book First, when committed against an
Art. 257E(1) Whosoever, without a lawful order, arrests, detains or confines an elder or a dependent adult against the
Art. 257F(1) The following provisions shall apply to the offences under articles 257A to 257E. (2) The provisions of ar
Art. 258Repealed by Act XVII.1996.19. Unlawful opening of closed letters, etc. Unlawful possession of closed correspon
Art. 260Repealed by Act XVII.1996.19. Title IX Amended by: XVI.1901.1; I.1903.11. OF CRIMES AGAINST PROPERTY AND PUBLI
Art. 261The crime of theft m ay be aggravated - (a) by "violence"; (b) by "means"; (c) by "amount"; (d) by "person"; (
Art. 262(1) A theft is aggravated by "violence" - (a) where it is accompanied with homicide, bodily harm, or confineme
Art. 263Theft is aggravated by "means" - (a) when it is committed with internal or external breaking, with false k eys
Art. 264(1) "Breaking" shall include the throwing down, breaking, demolishing, burning, wr enching, twisting, or forci
Art. 265Any hook, picklock, skeleton-key, or any key imitated, counterfeited, or adapted, and a ny genuine key when pr
Art. 266(1) The entry into any of t he places mentioned in article 264 by any way other than by the doors ordinarily i
Art. 267Theft is aggravated by "amount", when the value of the thing stolen exceeds two hundred and thirty-two euro an
Art. 268Theft is aggravat ed by "person" - (a) when it is committed in any place by a servant to the prejudice of his
Art. 269Theft is aggravated by "pl ace", when it is committed - (a) in any public place destin ed for divine worship;
Art. 270Theft is aggravated by "time", when it is committed in the night, that is to say, between sunset and sunrise.
Art. 271Theft is aggravated by "the nature of the thing stolen"- (a) when it is committed upon things exposed to dange
Art. 272Whosoever shall be guilty of theft accompanied with wilful homicide shall be liable to the punishment of impri
Art. 272A(1) Whosoever shall be gui lty of theft accompanied with grievous bodily harm from which death ensues shall be
Art. 273Whosoever shall be guilty of theft accompanied with attempted homicide shall be liabl e to imprisonment for a
Art. 274Whosoever shall be guilty of theft accompanied with bodily harm shall be liable - (a) if the harm is grievous
Art. 275Whosoever shall be guilty of theft accompanied with confinement of the person shall be liable to imprisonment
Art. 276Whosoever shall be guilty of theft aggravated by "violence", but not accompanied with any of the circumstances
Art. 276AThe punishment established in articles 273, 274, 275 and 276 shall be increased by one or two degrees when the
Art. 277When the theft aggravated by "violence" in terms of article 274, 275 or 276, is accompanied with any of the ot
Art. 278(1) Whosoever shall be guilty of theft aggravated by "means" only shall be liable to imprisonment for a term f
Art. 279Whosoever shall be guilty of theft aggravated by "amount" only shall be liable - (a) if the value of the thing
Art. 280(1) Where the theft aggravated by "amount" is accompanied with one or more of the other aggravating circumstan
Art. 281Whosoever shall be guilty of theft aggravated only by "person", "place", "time", or "the nature of the thing s
Art. 282Where in cases of theft accompanied with one or more of the aggravating circumstances mentioned in article 261
Art. 283In the cases set forth in the second paragraph of article 264(1), the theft aggravated by "means" shall be dee
Art. 283ANo proceedings shall be ins tituted in respect of any offence of theft of electricity e xcept on the complaint
Art. 285Whosoever shall be guilty of simple theft shall be liable to imprisonment for a term from one to six months: P
Art. 286The punishment established f or simple theft according to the value of the thing stolen shall be applied again
Art. 287Whosoever, having been convicted in Malta for theft, or for receiving stolen articles, is fo und to have in hi
Art. 288The offender shall be liable to the punishments established for contraventions, when, in any case of simple th
Art. 289(1) In the case of a second or subsequent conviction for any offence referred to in this Sub-title, the punish
Art. 290Whosoever shall purchase or otherwise receive from any other person or shall be found to have in his possessio
Art. 291Whosoever, with intent to conceal any property of the Republic of Malta, shall destroy or obliterate, in any o
Art. 292Whosoever, without a licence from the Government, shall keep for sale or deal in any arti cles which are by co
Art. 293Whosoever misapplies, converting to his own benefit or to the benefit of any other person, anything which has
Art. 294Nevertheless, where the offence referred to in the last preceding article is committed on things entrusted or
Art. 295Whosoever, with intent to obtain for himself or for any other person the payment of any money due under any in
Art. 296(1) Any master, padrone or boatman or any person entrusted with the command, use or custody of any lighter, bo
Art. 297Whosoever, making an improper use of any paper signed in blank entrusted to him, shall, for the purpose of gai
Art. 298(1) Whosoever - (a) forges or alters, without the consent of the owner, the name, mark or any other distinctiv
Art. 298AWhoever shall construct, alter, make, be in possession of, sell or purchase any device whereby such person may
Art. 298B(1) Any person who, in the exercise of any trade or in the course of business or with a view to gain for himse
Art. 298C(1) Whosoever receives from another person or obtains from another person a promise to give, to himself or to
Art. 298DAny person who, without the prior approval in writing of the Commissioner of Police, in any manner whatsoever,
Art. 299In the cases referred to in article 298(1)( a), (b), (c) and (d), criminal intent shall be presumed, unless th
Art. 300In the cases referred to in the last part of article 298(1)( a) and in ( b) and (d), the burden of proof of th
Art. 301In the cases referred to in article 298(1)( e), the fact that a trade description is a trade mark or part of a
Art. 302In the cases referred to in article 298(1)( f), criminal intent shall be presumed, unle ss the accused proves
Art. 303In the cases referred to in article 298(1)( g), no punishment shall be awarde d if the accused proves - CRIMIN
Art. 304For the purposes of the preced ing articles, every person is deemed to apply a trade mark or distinctive devic
Art. 305For the purposes of the foregoing articles, the expression "covering" includes any stopper, cask, bottle, vess
Art. 306For the purposes of article 298(1)( d), where a watch case has thereon any words or marks which constitute, or
Art. 307Whosoever, by the use of false weights or measures, shall deceive others in respect of the quantity of goods g
Art. 308Whosoever, by means of any unlawful practice, or by the use of any fictitious name, or the assumption of any f
Art. 309Whosoever shall make, to the prejudice of any other person, any other fraudulent gain not specified in the pre
Art. 310(1) In cases referred to in this Sub-title - (a) when the amount of damage caused by the offender exceeds five
Art. 310AThe provisions of articles 121C, 121D, 248E(4) and 328K shall apply to offences under this Sub-title. Jurisdic
Art. 310BThe offences under this Sub-title shall be deemed to be offences even when committed outside Malta and, withou
Art. 310CThe provisions of article 208B(2) and (2A) shall apply to any person found guilty of any offence under Subtitl
Art. 310DThe measures provided for in this sub-title transpose the provisions of Directive (EU) 2019/713 of the Europea
Art. 310EFor the purposes of this s ub-title, unless the context otherwise requires: (a) "non-cash payment instrument"
Art. 310FAny person who intentionally commits any of the following acts shall be guilty of an off ence against this art
Art. 310H(1) Whosoever aids, abets or instigates any offence under this Sub-title shall be guilty of an offence and sha
Art. 310I(1) Notwithstanding any other provision of this Code, where any offence referred to in article 310F or in arti
Art. 310J(1) Without prejudice to the provisions of article 5, the Courts of Malta shall have juris diction over the of
Art. 310KThe Minister responsible for justice may make regulations to give better effect to the provisions of this sub-
Art. 311Any person who maliciously causes, by an explosive substance, an explosion of a nature likely to endanger the
Art. 312(1) If as a result of the offence referred to in the last preceding article, any person shall perish, the offe
Art. 313Any person who makes or knowingly has in his possession or under his control any explosive substance, under su
Art. 314F o r t h e pu r po s e s of t he l a s t p r e c e di n g t h r e e a r t ic le s , t he expression "explosiv
Art. 314A(1) Whosoever, maliciously, delivers, places, discharges or detonates a lethal device lik ely to endanger the
Art. 314B(1) Whosoever, maliciously, is in possession or makes use of, transfers, alters, dispo ses of or disperses nuc
Art. 314C(1) Whosoever knowingly has in his possession or under his control any lethal device or nuclear material, unde
Art. 314CAWhosoever uses in any way radioactive material or a lethal device, or uses or damage s a nuclear facility in a
Art. 314CB(1) If as a result of the offence referred to in the last preceding article, any person shall perish, the offe
Art. 314CD(1) Without prejudice to the provisions of article 5, the Maltese courts shall also have j urisdiction over th
Art. 314D(1) Where the commander of the Armed Forces of Malta receives, or is informed about, a request made by or on b
Art. 315Whosoever shall wilfully set on fire or otherwise destroy any arsenal, vessel of war, whet her such vessel be
Art. 316Whosoever shall wilfully set fire to any house, warehouse, shop, dwelling-house, vessel, vehicle, dock or any
Art. 317Whosoever shall wilfully set fire to any building, vehicle, shed or other place mentioned in the last precedin
Art. 318Whosoever shall wilfully set fire to any building, vehicle, shed or other place mentioned in article 316, no p
Art. 319Whosoever shall wilfully set fire to any vineyard, plantation of trees, stack or heap of corn, cotton or other
Art. 320For the purposes of punishment, the destruction of any such matter or thing as in the last five preceding arti
Art. 321(1) Whosoever shall exhibit any false light or signal or any other thing tending to summon ships, vessels or b
Art. 322(1) Whosoever shall cut away, unfasten or otherwise remove any chain, cable or othe r rope by which any public
Art. 323If, in consequence of any of th e offences referred to in the last preceding article, any damag e is caused to
Art. 324In the cases referred to in articles 316, 317 and 318, the offender shall be liable to the punishments therein
Art. 325(1) Whosoever, by any means other than those referred to in the preceding articles of th is Sub-title, shall w
Art. 325A(1) The punishments established in the foregoing provisions of this Sub-title shall be increased by one to two
Art. 326(1) Whosoever shall wilfully - (a) break or block the pipes or conduits of any public aqueduct, or in any othe
Art. 327Whosoever, without any just cause, the proof whereof shall lie on the person accused, shall enter into any sub
Art. 328Whosoever, through imprudence, negligence or unskilfulness in his trade or profession, or through non-observ a
Art. 328A(1) F or the pur poses of this S ub- title, "act of terr or ism" means any act listed in sub-article (2), comm
Art. 328B(1) For the purpose of this Sub-title "terrorist group" means a structured group of more than two persons, est
Art. 328C(1) Whosoever, with the intention of committing any of the acts listed in article 328A(2)( a) to ( j) or in ar
Art. 328DWhosoever incites, aids or abets any offence under this Sub-title shall be guilty of an offence and shall be l
Art. 328E(1) In this Sub-title, "terrorist property" means - (a) money or other property which is likely to be used for
Art. 328F(1) Whosoever by any means, directly or indirectly, collects, receives, provides or invites another person to
Art. 328HWhosoever - (a) enters into or becomes con cerned in an arrangement as a result of which money or other proper
Art. 328I(1) Whosoever enters into or becomes concerned in an arrangement which facilitates the retention or control by
Art. 328J(1) The provisions of article 121D shall apply where a person is found guilty of an offence under this subtitl
Art. 328KWithout prejudice to any other punishment to which the offence may be liable under this Code or any other law,
Art. 328L(1) The court by or before which a person is convicted of an offence under any of articles 328F to 328I may ma
Art. 328MWithout prejudice to the provisions of article 5, the courts in Malta shall also have jurisd iction over the o
Art. 328MAThe punishment awarded under this Sub-title may be reduced by up to two degrees if the offender: (a) renounces
Art. 328N(1) For the purposes of this subtitle "piracy" means any of the following acts: (a) any illegal acts of violen
Art. 328O(1) Without prejudice to the provisions of article 5, the Maltese courts shall also have ju risdiction over th
Art. 329The punishments established in the respective articles of this Title for any offence against property accompan
Art. 330In the case of any entry into any house or other place or enclosure by any of the means mentioned in articles
Art. 331Except in the cases referred to in articles 316, 317 and 318, no criminal proceedings may be instituted except
Art. 332Except in the cases referred to in articles 316, 317 and 318, no criminal proceedings may be instituted except
Art. 333The limitations mentioned in the last two preceding articles shall not operate in favour of such other persons
Art. 334Whosoever shall in Malta knowingly receive or purchase any property which has been stolen, misapplied or obtai
Art. 334AWhosoever, on becoming aware that any property in his possession is stolen property or property misapplied or
Art. 335In any offence the punishment whereof varies according to the amount of the damage caused, such amount shall n
Art. 336Where by the same offence the offender shall injure the property of any of the persons referred to in article
Art. 337(1) In cases of fraud, the prescribed punishment shall be diminished by one or two degrees if, previously to t
Art. 337A(1) Any person who with the intent to make any gain whatsoever aids, assists, counsel s or procures any other
Art. 337AA* The provisions of articles 328J and 328K shall apply mutatis mutandis to any offence under Sub-title IV of t
Art. 337B(1) For the purposes of this Sub-title the following definitions, unless the context otherwise requires, shall
Art. 337C(1) A person who without authorisation does any of the following acts shall be guilty of an offence against th
Art. 337DAny person who without authorisation does any of the following acts shall be guilty of an offence against this
Art. 337E(1) If any act is committed outside Malta which, had it been committed in Malta, would have constituted an off
Art. 337F(1) Without prejudice to any other penalty established under this Sub-title, any person who contravenes any of
Art. 337GThe Minister may, for the purposes of this Sub-title, by regulations prescribe: (a) the manner in which the Po
Art. 337H(1) The provisions of articles 121D, 208B(5), 248E(4) and 248E(4A) shall apply mutatis mutandis to any offence
Art. 337IWhosoever, knowingly with intent to cause harm, shall engage in actions that impact the integrity of electroni
Art. 338Every person is guilty of a contravention against public order, who - (a) without permission, cuts any grass i
Art. 339(1) Every person is guilty of a contravention against the person who - (a) challenges another to fight with st
Art. 340Every person is guilty of a co ntravention against property who - (a) shoots doves or pigeons, other than wild
Art. 341In any case in which the punishments established for contraventions are to be applied, the court may, accordin
Art. 342In respect of the contravention under article 338( bb), where the act consists in uttering blasphemous words o
Art. 343On conviction for a contravention under article 340( a), the court shall, besides awarding punishment, order t
Art. 344It shall be lawful to seize and confiscate - (a) Repealed by: X.1998.52. (b) the ladders, iron bars, weapons a
Art. 345In any matter not provided for in this Code, and which forms the subject of any particular law or regulation,
Art. 346( 1 ) I t i s t h e d u t y o f t h e P o l i c e t o p r e s e r v e p u b l i c o r d e r and peace, to prev
Art. 347AWithout prejudice to the provisions of sub-articles (1), (2) and (3) of article 346, the Atto rney General sha
Art. 348Where the head of any household requires an officer of the Police to proceed to such house in order to ascerta
Art. 349(1) A police officer shall only have such powers as are vested in him by law and to the extent authorised by l
Art. 350(1) In this Title, and subject to the provisions of sub- article (2): "appropriate consent" means - (a) in rel
Art. 351(1) A police officer may, in a public place, or in any place to which the public is admitted, even against pay
Art. 352W h e r e t h e s e a r c h t o b e p e r f o r m e d i s r e q u i r e d i n a n unattended vehicle and it is
Art. 353Except in urgent cases and when a person is apprehended in flagrante delicto nothing in this Title authorises
Art. 354Anything seized as a result of a search under the preceding articles of this title shall be preserved and the
Art. 355The Police may organise a road check where there are reasonable grounds for believing t hat a check on vehicle
Art. 355A(1) For the duration of the road check the Police may stop all or any vehicles passing through or in the local
Art. 355BA road check under this Sub-title may only be organised upon an authorisation in writing by a police officer n
Art. 355CNotwithstanding anything contained in the preceding articles of this Sub-title, where in the course of a road
Art. 355DThe provisions of this Sub-title shall be without prejudice to any power vested in the Police by any other law
Art. 355E(1) Saving the cases where the law provides otherwise, no police officer shall, without a warrant from a Magis
Art. 355FIn cases where a police offi cer is empowered to enter into any of the places mentioned in t he last preceding
Art. 355G(1) Any entry and search warrant issued under this Sub- title and any search or seizure made under the provisi
Art. 355HNo warrant of entry and s earch may be executed after sunset unless the Magistrate has otherwise authorised in
Art. 355IThe executing officer shall hand over a copy of the warrant to the person occupying and pres ent at the place
Art. 355JA search under a warrant m ay only be a search to the extent required for the purpose for which the warrant wa
Art. 355KAny police officer may enter and search without a warrant any premises, house, building or e nclosure in the c
Art. 355L(1) The Police have the power to enter and search any premises, house, building or enclosure used, occupied or
Art. 355M(1) The powers mentioned in article 355L may be exercised by a police officer not below the rank of inspector
Art. 355NA p o l i c e o f f i c e r w h o h a s e x e r c i s e d a n y o f t h e p o w e r s mentioned in articles 35
Art. 355OFor the purposes of this Sub-title there is connection between offences when - (a) the facts of the offences a
Art. 355PThe Police, when lawfully on any premises, may seize anything which is on the premises if they have reasonable
Art. 355QThe Police may, in addition to the power of seizing a computer machine, require any information which is conta
Art. 355RThe Police shall always issue to the person on the premises or in control of the thing seized a receipt for an
Art. 355S(1) Anything which has been lawfully seized by the Police may be retained so long as is necessary in all the c
Art. 355TA person who is the rightful owner of a thing seized and retained may, unless criminal p roceedings in the cou
Art. 355UUnless a thing is liable to forfeiture, nothing shall be retained if a photograph, film, video recording or el
Art. 355W(1) Any person not being a police officer may arrest without warrant anyone who is in the act of committing or
Art. 355X(1) Any police officer may arrest without warrant anyone who is in the act of committing or has just committed
Art. 355XXAny police officer may d etain without warrant any person who is indicated in an alert in the Schengen Informa
Art. 355Y(1) In the case of contraventi ons, or of crimes not subject to the punishment of imprisonment, it shall be la
Art. 355ZThe general arrest conditions are - (a) that the identity of the person is unknown or cannot be readily ascert
Art. 356(1) It is the duty of the Executive Police to bring as soon as possible before the court, and, where practicab
Art. 357Where an officer of the Ex ecutive Police discovers any weapon, document, trace or vestig e or any other thing
Art. 358(1) It is the duty of the Police to issue and to serve citations summoning persons to appear before the Court
Art. 359(1) Saving the provisions of article 666, it is the duty of the Executive Police to execute any warrant or ord
Art. 360(1) Where there are not sufficient grounds according to law for the arrest of any pers on charged with an offe
Art. 360A(1) In summary proceedings for offences within the jurisdiction of the Court of Magistrates as a court of crim
Art. 361Except in urgent cases, the summons shall be served on the person summoned at least two working days previous
Art. 362(1) The summons shall be delivered to the person whose appearance is required, and if such person cannot conve
Art. 363The summons shall be executed between seven o’clock in the morning and seven o’clock in the evening in any res
Art. 365(1) The Executive Police shall summon, in writing, the witnesses whose attendance is required before the Court
Art. 366It is the duty of the Executive Police to carry out, besides the warrants or orders referred to in article 359
Art. 366A(1) Every person suspected or accused of having committed a criminal offence or an alleged criminal offence sh
Art. 366B(1) The burden of proof for establishing the guilt of suspects or accused persons s hall lie with the prosecut
Art. 366C(1) As long as a suspect or accused person has not been proven guilty according to law, public statements made
Art. 366E(1) Suspects and accused persons shall have the right to remain silent in relation to the criminal offence whi
Art. 366FSaving the provisions of any law which may provide for trials in the absence of the persons charged or accused
Art. 367(1) Every Court of Magistrates shall consist of a magistrate and shall have a twofold jurisdiction, namely, as
Art. 368(1) No magistrate may be challenged or may abstain from taking cognizance of any cause, ex cept immediately af
Art. 369In the Court of Magistrates, the functions of registrar may be performed by any of the court ex ecutive office
Art. 370(1) The Court of Magistrates shall be comp etent to try- (a) all contraventions referred to in this Code; (b)
Art. 371(1) In determining the jurisdiction, regard shall be had to the alleged offence and not to a ny extenuating ci
Art. 372(1) The jurisdiction as betw een the Courts of Magistrates shall be determined - (a) by the place where the of
Art. 373As regards offences referre d to in article 370(1), the prosecution shall lie with the injured party or with t
Art. 374In proceedings instituted on th e complaint of the injured party, the following provisions shall apply: Partie
Art. 375In proceedings instituted by th e Attorney General or the Executive Police, the followi ng provisions shall ap
Art. 376(1) The magistrate shall take d own or cause the registrar to take down - (a) any plea to the jurisdiction of
Art. 377(1) When the hearing is concl uded, the court shall, on the same day, if conveniently practicable, deliver jud
Art. 378In the case of contraventions, where the offence is in respect of any insult, defamation or threat, the court
Art. 379Repealed by Act XVI.2018. Fourth Schedule . Award of costs in proceedings instituted on complaint of injured p
Art. 380(1) In the case of proceedings instituted on the complaint of the injured or aggrieved party, including the ca
Art. 381T h e p a y m e n t o f c o s t s , i n c l u d i n g t h e f e e s d u e t o t h e advocates or legal procura
Art. 382The court, in delivering judgment against the accused, shall state the facts of which h e has been found guilt
Art. 382A(1) Without prejudice to its powers under the provisions of the following articles of thi s Sub-title, where t
Art. 383(1) The court may, where it d eems it expedient, in order to provide for the safety of individuals or for the
Art. 384Where, however, there are reasonable grounds to believe that, for providing for the safety of individuals or f
Art. 385(1) If, in the cases referred to in articles 35, 36 and 383, any person refuses to enter into his own recogniz
Art. 386The party bound over under articles 35, 36 and 383, and the sureties, if any, shall bind themselves in writing
Art. 387(1) Where the person bound over as in the preceding articles mentioned is found guilty by a competent court of
Art. 388Access to any person under detention shall always be allowed during the proper hours. Sub-title II Amended by:
Art. 389In respect of offences liable to a punishment exceeding the jurisdiction of the Court of Mag istrates as court
Art. 390(1) The court shall hear the charges read by the Attorney General or the officer of the Ex ecutive Police and
Art. 391(1) The witnesses shall be examined by the court. The name and surname of the witne ss, the name and surname o
Art. 392(1) The examination of the accused referred to in article 390(1), shall, without threat or promise, and withou
Art. 392A(1) If the accused, in answer to the question in article 392(1)( b) or in any stage of the proceedings, states
Art. 392B(1) In the case where the accused, in answer to the question in article 392(1)( b) and in any stage of the pro
Art. 392C(1) Upon an admission of guilt by the accused, whether during the examination or at a ny stage of the proceedi
Art. 393The accused may cross-examine the witnesses, and his questions, together with the answers, shall be taken down
Art. 394Any point of fact which, upon the examination of any witness or in the course of the inquiry, is submitted by
Art. 395The depositions of the witn esses and the examination of the accused shall be si gned by the magistrate. Count
Art. 396Every document produced in the course of the inquiry shall be counter-signed by the magistrate, and a record o
Art. 397(1) The court may order the attendance of any witness and the production of any evidence which it may deem nec
Art. 398(1) Where, previously to the signing of any act, it is necessary to make thereon any a lteration, correction o
Art. 399(1) When the court decides that the examination of any witness or any other process of t he inquiry by a forei
Art. 400The accused may, in the course of the inquiry, be assisted by advocates or legal procurators. Term for conclus
Art. 401(1) The inquiry shall be concluded within the term of one (1) month which may, upon good cause being shown, be
Art. 402(1) The terms referred to in th e last preceding article, in article 407 and in article 432(3) shall be held i
Art. 402AWhere in respect of a person charged before the Courts of Magistrates as a court of criminal inquiry a court h
Art. 403(1) If, on the conclusion of the inquiry, it appears to the court that the offence is not one within the juris
Art. 404In every case where the Court of Magistrates discharges an accused for want of evidence, it shall be the duty
Art. 405(1) The court shall, after ordering that the Attorney General be granted access by electronic means to the rec
Art. 406(1) Where the indictment has already been filed, the demand of the Attorney General o r of the accused, referr
Art. 407In the cases referred to in the first part of article 402(5) a nd i n th e la st prec edi n g tw o articles, t
Art. 408(1) During the inquiry and until access by electronic means of the scanned record is given to the Attorney Gen
Art. 409(1) It shall be lawful for the court to order the proceedings to be conducted with closed doors, if it appears
Art. 409A(1) Any person who alleges he is being unlawfully detained under the authority of the Police or of any other p
Art. 410(1) In any proceedin gs instituted by th e Attorney General or by the Executive Police on the complaint of the
Art. 411(1) In the case of proceedings i nstituted by the Executive Police, the fees of the advocate or legal procurat
Art. 412(1) The Court of Magistrates shall hold its ordinary sittings every day, except Saturd ays, public holidays as
Art. 412A(1) When the person charged or accused brought before the Court of Magistrates, whether as a court of criminal
Art. 412B(1) Any person in custody for an offence for which he is charged or accused before the C ourt of Magistrates a
Art. 412C(1)Where a person (hereinafte r in this article and in article 412D referred to as "the accused") has been cha
Art. 412D(1) Together with or separately from a protection order under article 412C, and provided the court is satisfie
Art. 413(1) Any judgment of the Cour t of Magistrates may be appealed against - (a) by the party convicted; (b) in cas
Art. 414(1) Where the proceedings have been instituted by the Police, the court by which the judgment has been deliver
Art. 415(1) An appeal from an inter locutory decree which does not bar the continuation of the cause, may be entered o
Art. 416(1) The party convicted who is not in custody for the offence of which he has been convicted may, on making, e
Art. 417(1) The appeal shall be brought before the Court of Criminal Appeal by an application to be filed within twelv
Art. 418(1) One of the judges ordinarily sitting in the Court of Criminal Appeal or ordinarily sitting in the Criminal
Art. 419(1) Besides the indications common to judicial acts, the application shall, contain - (a) a brief statement of
Art. 420The appellant as well as the respondent may be assisted by the Advocate for Legal Aid and the provisions of ar
Art. 421(1) Notice of the day appointed by the superior court for the hearing of the appeal shall be given to the part
Art. 422(1) If, on any day appointed for the hearing of the appeal, the appellant fails to appear, his appeal shall be
Art. 423If, on the day appointed for the hearing of the appeal, the appellant is in custody, the provision contained i
Art. 424No new witnesses may be produced before the superior court, except - (a) when it is proved by oath or other ev
Art. 425If any witness duly summoned fails to appear, and the court deems it necessary to hear such witness, the court
Art. 426Where, in the cases referred to in article 420, the party is assisted by the Advocate for Leg al Aid, or by an
Art. 427Saving the provision of article 422(2), the court shall hear the appellant and the respondent, in the order wh
Art. 428( 1 ) I f t h e s u p e r i o r c o u r t f i n d s t h a t t h e f a c t a t t r i b u t e d t o the offender
Art. 429(1) Where, under the provisions of article 380, an order as to costs is to be made, the superior court shall a
Art. 430(1) The Attorney General may, along with the Executive Police, prosecute before the Cour t of Magistrates, and
Art. 431(1) Unless otherwise provided in this Code or in any other law, the functions of the Attorney General commence
Art. 432(1) The Attorney General shall be allowed the term of one month for the filing of the indictment, to run from
Art. 433* (1) If the Attorney General is of opinion that there are not sufficient grounds for the filing of an indictm
Art. 434Every accused person, whose arrest has not been ordered by the Attorney General under the provision of sub-art
Art. 435(1) It shall be lawful for the Attorney General to collect and produce further evidence besides that resulting
Art. 435A(1) The provisions of article 4 of the Act shall apply mutatis mutandis where the Attorney General has reasona
Art. 435AA(1) Where the Attorney General has reasonable cause to suspect that a person is guilty of a relevant offence (
Art. 435AB(1) Pursuant to and in accordance with any treaty, convention, agr eement or understanding t o which Malta is
Art. 435B(1) Where the Attorney Gen eral receives a request made by a judicial, prosecuting or administrative authority
Art. 435BA(1) Where the request refer red to in the preceding article is made for the purpose of monit oring the transac
Art. 435BB(1) Pursuant to and in accordance with any treaty, convention, agreement or underst anding to which Malta is a
Art. 435BC(1) Pursuant to and in accordance with any treaty, convention, agreement or understanding to which Malta is a
Art. 435C(1) Where the Attorney General receives a request made by a judicial, prosecuting or administrative authority
Art. 435D(1) A confiscation order made by a court outside Malta providing or purporting to provi de for the confiscatio
Art. 435E(1) Notwithstanding anything contained in any other law it shall be lawful for the Attorney General to authori
Art. 436(1) The Criminal Court shall consist of one of the judges sitting with a jury for the trial of every offence w
Art. 437(1) After the filing of the indictment, access to the accused shall not be allowed, ex cept with the permissio
Art. 438(1) An official copy of the indictment and of the list referred to in article 590(2) sh all be served on the a
Art. 439Causes shall be tried in rota tion, according to the date of the filing of the indictment: Provided that it sh
Art. 440(1) The record of the inquiry, documents and exhibits filed in the registry of the court by the Attorney Gener
Art. 441(1) Witnesses shall be summoned by means of a subpoena which shall be served on each w itness not later than t
Art. 442Where the defence of the accused has been conducted by the Advocate for Legal Aid, the allowances due to the w
Art. 443(1) On the day and at the time appointed for the hearing of the cause or of any question incidental thereto, t
Art. 444During the trial, the witnesse s shall be kept in a separate place where the discussion canno t be heard. Witn
Art. 445If the accused appears withou t counsel, the court shall inform him that he has the rig ht to be assisted by c
Art. 446(1) Any objection to the judge shall be raised, and the decision of the court shall be given thereon, before t
Art. 447(1) Where the judge has been objected to, or has abstained from sitting, another judge shall be surrogated by
Art. 448Where no pleas have been raised as provided in article 438, the court shall direct the r egistrar to read out
Art. 449(1) The following pleas, that is to say: (a) plea to the jurisdiction of the court; (b) plea of nullity of or
Art. 450When the preliminary pleas hav e been determined, or if no such pleas have been raised, the accused shall be a
Art. 451(1) If the accused is a deaf-mut e and is able to write, the contents of the indictment shall be explained, an
Art. 452(1) Save as otherwise expressly provided, an interpreter shall not be chosen fr om among the jurors , counsel
Art. 453(1) If the accused, in answer to the question prescribed under article 450, states that he is guilty of the of
Art. 453A(1) Before the accused pleads to the general issue as provided in article 453, the accused and the Attorney Ge
Art. 454(1) If the accused pleads not guilty, such plea shall be recorded. Where proceedings are to be conducted in th
Art. 455(1) As soon as the jury have been sworn, the registrar shall read out the indictment, of which a copy shall be
Art. 456The Attorney General shall then address the jury on the facts constituting the offence preferred in the indict
Art. 457After making the address referred to in the last preceding article, the Attorney General sha ll call his witne
Art. 458(1) When the case for the prosecution is concluded, the accused shall be asked what he has to state in his def
Art. 458AThe provisions of article 458(2) shall apply mutatis mutandis where the conduct of the prosecution is delegate
Art. 459The order to be followed in the examination of witnesses shall be as hereunder: The party calling the witness
Art. 459A(1) The accused who takes the stand to testify shall not be asked, and if asked shall not be required to answe
Art. 460After the cross-examination of the witness, it shall not be lawful for the parties to put a ny question direct
Art. 461(1) If the Attorney General or the accused desires to prove facts upon the existence or non-existence of which
Art. 462Notes of the evidence of the w itnesses shall be taken down in brief by the court. 302 CAP . 9.] CRIMINAL CODE
Art. 464After the close of the defence, the Attorney General shall be allowed to reply, if he so desires; but, in such
Art. 465After the conclusion of the cas e for the prosecution and for the defence, the judge shall addr ess the jury,
Art. 466On the conclusion of the a ddress by the court, the jury shall consider their verdict. Functions of the jury a
Art. 467(1) The jury shall in their deliberations consider, in the first place, whether the accused is guilty of the o
Art. 468For every verdict of the jury, whether in favour of, or against the accused, there shall be necessary the conc
Art. 469The foreman of the jury shall collect the votes of the other jurors in respect of each verdict, noting down ag
Art. 470(1) The jury may apply to the court for any elucidation or explanation they may require for the discharge of t
Art. 471(1) A juror once impanelled must not, until the recording of the verdict of the jury, absent himself or commun
Art. 472After the jury shall have retired for their deliberation and until their verdict is recorded, they shall not b
Art. 473As soon as the jury are ready to return their verdict, they shall cause the court to be informed, in order tha
Art. 474The court shall, through the registrar, ask the jury, "whether the accused is guilty of what is adduced agains
Art. 475If, after the accused has been in any form found guilty, the court is of opinion that, upon the submissions ma
Art. 476( 1 ) I f a w o m a n t r i e d f o r t h e m u r d e r o f h e r c h i l d o r f o r infanticide is acquitted
Art. 477It shall be in the power of the court to require the jury to consider any question upon which they are empower
Art. 478Any other question which the court may deem necessary to put to the jury in consequence of their first verdict
Art. 479In all cases where a further d eliberation by the jury is required in order to render their verdict complete,
Art. 480(1) It shall be lawful for the court, in order to assist the jury in the discharge of their functions, to give
Art. 481If more offences are charged in the same indictment or if the accused on trial are more than one, the jury sha
Art. 482Every verdict of the jury shall state the number of votes which concurred in such verdict. Further deliberatio
Art. 483Where, on the reading out in court of any verdict, the absence of the concurrence of at least six votes in sup
Art. 484Any juror may recommend to t he mercy of the court the accused person found guilty, stating the reason for so
Art. 485Once the jury has been impan elled, the trial of the cause shall be continued without interruption up to the r
Art. 486If, before the verdict of the jury is returned, a juror dies, or becomes unable to discharge his duties, the c
Art. 487If the jury find the accused not guilty in terms of article 467(5), the court shall acquit him, and shall orde
Art. 488(1) If the accused is found not g uilty on the g round of his insanity at the time of the offe nce, or if the
Art. 489Where the law by reason of any previous conviction prescribes an increase of punishm ent for a subsequent offe
Art. 490(1) The fact of the guilt of the accused having been established, the court shall ask him if he has to say any
Art. 491The court shall pronounce judgment as soon as possible. Court may award a lesser punishment when jury are not
Art. 492(1) Where at any time before the constitution of the jury the accused declares himself guilt y and for the f a
Art. 493After sentencing any person to imprisonment for life, the court may recommend in writing to the Prime Minister
Art. 494It shall be lawful for any judge, who sat in a trial, to recommend to the President of Malta, for pardon or mi
Art. 495(1) If, during the trial, or after the jury have returned a verdict of guilty, the sitting judge dies or becom
Art. 496The functions of the registrar in the Criminal Court may be performed by any of the court executive officers r
Art. 497In this Title, unl ess the context otherwise requires, - the expression "appellant" includes a person who has
Art. 498(1) There shall be a Court of Criminal Appeal which shall have jurisdiction to hear and dete rmine appeals und
Art. 499(1) An appeal shall lie to the Court of Criminal Appeal at the instance of the Attorney Gen eral or of the acc
Art. 500(1) A person convicted on indictment may appeal to the Court of Criminal Appeal against his conviction in all
Art. 500AOn any appeal against senten ce an injured party may, by application, request the Court of Criminal Appeal to
Art. 500B(1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indi
Art. 501(1) On any appeal against conviction by the person convicted, the Court of Criminal Appeal shall allow the app
Art. 502(1) If it appears to the Cour t of Criminal Appeal that an accused, though acquitted or not properly convicted
Art. 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 omi
Art. 504Any appeal under this Title shall be brought before the Court of Criminal Appeal by an application to be filed
Art. 505(1) Besides the indications common to judicial acts, the application shall contain a brief but clear statement
Art. 506The Court of Criminal Appeal may, if it thinks it necessary or expedi ent in the interes ts of justice - (a) o
Art. 507Without prejudice to the gener ality of the last preceding article, where evidence is tendered to the court un
Art. 508(1) Where an appeal is allowed by reason only of evidence received or available to be received by the Court of
Art. 509(1) The Court of Criminal Appeal may, if it deems fit, on the application of the appellant admit the appellant
Art. 510(1) Any objection to any judge sitting in the Court of Criminal Appeal shall be raised, and the decision of th
Art. 511(1) If, during the hearing of the appeal, any of the sitting judges dies or becomes ill, another judge shall b
Art. 512(1) The provisions of article 420, article 421(1), articles 422, 423, 425, 427, 441, 442, 444 and 452 shall ap
Art. 513Any judge may exercise, in relation to any matter which has been dealt with by the Court of Criminal Appeal wh
Art. 514The functions of the registrar in the Court of Criminal Appeal may be performed by any of the court executive
Art. 515(1) Nothing in this Title shall affect the prerogative of mercy, but the Prime Minister on an application made
Art. 516(1) The Maltese language shall be the language of the courts and, subject to the provisions of the Judicial Pr
Art. 517(1) Every court of criminal ju stice may, by an order to be signed by the registrar and posted up at the door
Art. 518The acts and documents of th e courts of criminal justice shall not be open to inspection, nor shall copies th
Art. 519It shall be the duty of the co urts of criminal justice to see to the adequate defence of the parties charged
Art. 520(1) Saving any other provisions of this Code, the following provisions of the Code of Organization and Civil P
Art. 521(1) The registry and the registrar mentioned in this Code shall be designated by regulations made by the Minis
Art. 522(1) The court may in its discret ion guide back to the truth any witness, who shall prevaricat e in his eviden
Art. 523W h e n t h e r e i s a r e a s o n a b l e s u s p i c i o n o f a n y f a l s i t y o f evidence, the court
Art. 524If before any of the courts of criminal jurisdiction, the party charged or accused shall so behave himself as
Art. 525(1) The following provisions shall also apply to the Court of Magistrates: (a) article 441: Provided that it s
Art. 526The subpoena on witnesses summoned to appear before any court of criminal jurisdiction may be served by an off
Art. 526APursuant to and in accordance with any treaty, convention, agreement or understanding between Malta and anothe
Art. 527Where in a trial, judgment is given acquitting the person charged or accused, it shall not be lawful to subjec
Art. 528Where the absolute innocence of a person accused is established, it shall be lawful for the court, if there ar
Art. 529The registrar shall keep a register recording therein the proceedings of the court in the language in which su
Art. 530(1) The accused shall be placed at the bar provided for the purpose in the hall where the court sits. (2) The
Art. 531(1) The court shall hold its sittings with open doors. Nevertheless, the court may hold its sittings with clos
Art. 532Subject to the provisions of ar ticle 516(3), (4) and (5), the court shall have power to give directions for t
Art. 532AT h e p r o v i s i o n s o f a r t i c l e 2 4 o f t h e Probation Act concerning the power of the court to o
Art. 532BWhere a person is convicted of a crime punishable with imprisonment he shall be liable to pay such amounts in
Art. 533(1) In the case of proceedings instituted by the Attorney General or by the Police ex officio , the court shal
Art. 533A(1) Without prejudice to the provisions of article 380, in the case of proceedings instituted on the complaint
Art. 534(1) In the case of an offence against the regulations relating to motorcars or against any law or regulation r
Art. 534AThe provisions of this Title shall apply to a person from the time that he is made aware by the Executive Poli
Art. 534AB(1) Saving the provisions of articles 355AC, 355AS, 392 and 445, it shall be the duty of the Police or of the
Art. 534AC(1) Saving the provisions of articles 355AC, 451 and 516(2) where the suspect does not speak or understand the
Art. 534AD(1) Where the suspect or the accused does not understand the language of the cr iminal proceedings concerned,
Art. 534AE(1) Notwithstanding the provisions of article 533, the services of interpre tation and translation resulting f
Art. 534AF(1) Where a person is arrested and detained at any stage of the criminal proceedings, an y documents in the po
Art. 535(1) Any person may give information to any officer of the Executive Police of any offence liable to prosecutio
Art. 536The informer shall clearly state the fact with all its circumstances and shall, as far as possible, furnish al
Art. 537An information may be laid either verbally or in writing: Provided that where an information is laid verbally,
Art. 538Every person who feels himself aggrieved by any offence and desires to lodge a complaint for the punishment of
Art. 539Articles 536 and 537 shall apply also to complaints. Duty of Police on receipt of report, information or compl
Art. 540Upon the receipt of any repor t, information or complaint requiring proceedings to be taken, the Executive Pol
Art. 541(1) If, in cases where the exercise of the criminal action is vested in the Executive Police, the Executive Po
Art. 542The complaint may be made by a spouse on behalf of the other spouse, by an ascendant on behalf of a descendant
Art. 543It shall be lawful for the P olice to institute proceedings even without the complaint of the private party in
Art. 544Criminal proceedings shall not be instituted except on the complaint of the private party i n the case of the
Art. 545(1) When proceedings cannot b e instituted except on the complaint of the private party, the complainant may,
Art. 546(1) Saving the provisions of the next following sub- articles, upon the receipt of any report, information or
Art. 547(1) The inquest shall be held by a magistrate. 354 CAP . 9.] CRIMINAL CODE or, in certain cases before the Cou
Art. 548(1) The necessary experts shall be employed for the purposes of the inquest, and a procès-verbal thereof shall
Art. 549(1)* The Magistrate shall si gn at the end of the procès-verbal and a written or printed note shall be made on
Art. 550(1) The procès-verbal , if regularly drawn up, shall be received as evidence in the trial of the cause, an d t
Art. 550A(1) Where the procès-verbal is not drawn up within sixty days from the report, information or complaint referr
Art. 551(1) In cases of sudden or violent or suspicious death or of death whereof the cause is unknow n, a report ther
Art. 552(1) The magistrate may, where necessary, order the dissection and the internal examination of the body. (2) Fo
Art. 553If the body has been buried, it shall be lawful for the magistrate to order the disinterment thereof with all
Art. 554(1) It shall be lawful for the magistrate to order the arrest of any person whom, at any inquest, he discovers
Art. 555If the subject-matter of the offence no longer exists, or for some cause cannot be viewed, or if the nature of
Art. 556(1) In every inquiry into cases of forgery of writings, the document averred to be false, shall, as soon as it
Art. 557(1) When the document averred to be false is deposited in any public office or with any private person, the in
Art. 559For the purpose of any inquiry relating to the " in genere " or in the case of any " repertus ", there shall b
Art. 560For the purpose of any " repertus " relating to any weapon or other thing which appears to have served for the
Art. 561The experts shall, in connection with any thing forming the subject-matter of the " repertus ", make all such
Art. 562If the expert is unable to give his opinion on the spot, or if the matter requires some chemical experiment or
Art. 563In the case of any permanent fact, every circumstance constituting the " in genere " shall be ascertained by o
Art. 564(1) Every statement of the experts shall be made or confirmed on oath to be taken before the inquiring magistr
Art. 565(1) Saving the provisions relating to the statements made by the experts, the following rules shall be observe
Art. 566In collecting evidence in connection with any inquiry relating to the " in genere " or with any " repertus ",
Art. 567If the door of the place where any inquiry relating to the "in genere " or any " repertus " is to take place,
Art. 568(1) When any of the precau tions and formalities prescribed under this Title for ascertaining or establishing
Art. 569(1) The record of any proceedi ngs under this Title shall, where no criminal inquiry has taken place thereon,
Art. 570(1) The Advocate for Legal Aid shall gratuitously undertake the defence of any accused who has briefed no othe
Art. 571(1) If an advocate who has undertaken the defence of more than one accused finds that the defence of one or mo
Art. 572Any appointment made in terms of article 570(4), shall be communicated to the advocate concerned by the regist
Art. 572AThe court may upon the request of a suspect, accused persons or of a requested persons referred to in article
Art. 572B(1) The Executive Police and any other law enforcement or judicial authority shall ensure that the particular
Art. 573(1) If the advocate appointed by the court declines to accept the appointment, the cour t shall examine the re
Art. 574(1) Any person charged or accused who is in custody for any crime or contraven tion may, on application or as
Art. 574A(1) When the person charged or accused who is in custody is first brought before the Court of Magistrates, whe
Art. 575(1) Saving the provisions of article 574(2), in the case of - (i) a person accused of any crime against the sa
Art. 575A(1) Saving the provisions of article 574A(6) but notwithstanding any other provision of this Code or of any ot
Art. 576The amount of the security shall be fixed within the limits established by law, regard being had to the condit
Art. 577(1) Security for bail is given by the production of a sufficient surety who shall enter into a written recogni
Art. 578The effect of the security for bail shall be the temporary release from custody of th e person charged or accu
Art. 579(1) If the person charged or accused fails to appear when ordered by the authority specified in the bail bond,
Art. 580(1) The person charged or accused shall be admitted to bail by the Court of Magistrates or by the Criminal Cou
Art. 581In the case referred to in article 579, the party arrested shall not be admitted to bail a second time in the
Art. 582(1) The court may not ex officio grant bail, unless it is applied for by the person charged or accused. Court
Art. 583If a surety has reason to suspect that the person charged or accused is about to escape, he may, on showing to
Art. 584The amount of the security shall be regulated as follows: In the case of contraventions, other than the contra
Art. 585(1) For the recovery of the sum fixed in the bail bond in the case referred to in article 579, the court befor
Art. 586(1) Any person who is arrested for non-payment of the sum in which he bound himself, shall be detained for a p
Art. 587If the surety dies or leaves Malta, even temporarily, or becomes bankrupt, the person char ged or accused must
Art. 588In the case of offences within the jurisdiction of the Criminal Court, the indictment shall be drawn up in wri
Art. 589The indictment shall be made in the name of the Republic of Malta and shall - (a) specify the court before whi
Art. 590(1) The indictment shall be filed in the registry of the court, and the registrar shall note down at the foot
Art. 591Charges against two or more persons as principals or accomplices in the same offence or as guilty of divers of
Art. 592Offences are said to be connected - (a) if they are committed at the same time by several persons together; (b
Art. 593(1) Several offences comm itted by the same person, although not connected with each oth er, may be joined in
Art. 594The court may also, upon the demand of the Attorney General, order a separate trial for each accused, when two
Art. 595In the cases referred to in articles 591 and 593, if two or more indictments have been filed at the same time
Art. 596Where, by reason of any excuse, the decrease of punishment is to be made within a latitude including two or mo
Art. 597(1) It shall be in the power of the court, either ex officio , or upon the plea of the accused, to make an ord
Art. 598(1) It shall be lawful, by leave of the court, to correct any error in the name of or other particulars relati
Art. 599(1) Any error which from the evidence produced at the trial appears to have been made in the indictment as to
Art. 600(1) It shall be lawful for the Attorney General to withdraw any indictment which he may have filed, provided t
Art. 601No person accused may be found guilty of an offence which is not expressly stated in the indictment, or which
Art. 602Where the indictment is not filed within the prescribed time, the court may, at the reque st of the accused, a
Art. 603(1) Every person of the age of twenty-one years or upwards, residing in Malta and be ing a citizen of Malta, s
Art. 604(1) The following persons are exempt from serving as jurors: Members of the House of Representatives, Mayors a
Art. 605(1) The Commissioner of Police or his representative, the Senior Magistrate, the Attorney General or his repre
Art. 606(1) Every month, the registrar shall open the boxes and draw ten ballots from the box containing the names of
Art. 607(1) Any person who is not quali fied or liable to serve as a juror, or who may have special reasons for asking
Art. 608(1) Every person whose name is drawn in the manner provided in article 606, shall be summoned by means of a wr
Art. 609Any person summoned in the manner provided in the last preceding article who, without goo d cause to the satis
Art. 610(1) The jury shall be composed of a foreman and eight common jurors. Supplementary jurors. (2) Nevertheless, i
Art. 611(1) The jury shall be formed in the following manner: The names of the persons summ oned to serve as jurors sh
Art. 612In the swearing in of the jury the following form shall be observed: The registrar, addressing himself to the
Art. 613(1) Where, owing to default of attendance, or by reason of challenges or exemptions, the whole panel of foreme
Art. 614The absence in any person of the necessary qualifications to serve as a juror, must be raised by the Attorney
Art. 615Any person exempt by law from serving as a juror who, being summoned, fails to declare that he desires to avai
Art. 616(1) The expense for the maintenance of the jurors while performing their duties and during the time in which t
Art. 617(1) It shall not be lawful to arrest for debt any person summoned to serve as a juror, w hile he is proceeding
Art. 618Where, in accordance with the p rovisions of article 516, the proceedings in any cause are to be conducted in
Art. 619All the provisions of the law relating to the jury shall be applicable to the special jury. Title VII ALLEGATI
Art. 620(1) Any allegation of insanity, or of any point of fact, by reason of which, if true, the per son accused woul
Art. 621Where the Attorney General intends to contest any allegation made under the last p receding article, he shall
Art. 622The court may refer the determination of any such allegation to the jury already im panelled for the trial of
Art. 623(1) Where, upon the allegation referred to in sub-article (1) of article 620, the accused is found to be insan
Art. 624If any fact is found by the jury whereby the condition attached to a pardon should not be deemed to have been
Art. 625Where the Attorney General does not contest any allegation under this Title, the court shall proceed as if the
Art. 626In all cases where, upon any allegation under this Title being proved, the trial cannot ta ke place or is inte
Art. 627In all cases where it shall be necessary to impanel a new jury for the determination of any allegation referre
Art. 628In all cases referred to in th e preceding articles of this Title, any allegation shall be d etermined by the
Art. 628A(1) The Minister responsible for justice may make regulations to give effect to any arrangement, including any
Art. 628B(1) Without prejudice to the generality of the power conferred on the Minister by article 628A the Minister ma
Art. 628C(1) The measures in this Title implement the provisions of Council Regulation (EU) 2017/1939 of 12 October 201
Art. 628D(1) The European Delegated Prosecutors shall, whenever exercising the powers to investigate offences in accord
Art. 628EThe European Delegated Prosecutors may order the following investigative measures: (a) request the assistance
Art. 628FThe European Delegated Prosecutor may request the Police to arrest or retain in pre-trial detention the suspec
Art. 628HThe Police shall ac t as competent na tional authority to: (a) receive the information in accordance with Arti
Art. 628I(1) In every case where an inquest is to be held in accordance with the provisions of Title II of Part II of B
Art. 628JFor the purposes of Article 25(6) of Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhance
Art. 629(1) Every person of sound mind is admissible as witness, unless there are objections to his competency. Explan
Art. 630No person shall be excluded from giving testimony for want of any particular age; it shall be sufficient that
Art. 631(1) A witness professing the Roman Catholic faith shall be sworn according to the custom of those who belong t
Art. 633(1) No objection to the competency of any witness shall be admitted on the ground that he was the party who la
Art. 634(1) The party charged or accused shall, at his own request, be admitted to give evi dence on oath immediately
Art. 635(1) Notwithstanding the provisions of article 633, spouse, civil union partner or cohabitant of the party char
Art. 636No objection to the competence of any witness shall be admitted on the ground - (a) that from his own confessi
Art. 637Any objection from any of the causes referred to in articles 630, 633 and 636, shall affect only the cred ibil
Art. 638(1) In general, care must be taken to produce the fullest and most satisfactory proof available, and not to om
Art. 639(1) Notwithstanding the provi sions of the last preceding article, a person may not be convicted of calumnious
Art. 640In the examination of a witness who is deaf and dumb, or deaf only, or dumb only, the rul es established in ar
Art. 641In general, no person who has been present in court during the hearing of a cause may be produced as a witness
Art. 642(1) Advocates and legal procurators may not be compelled to depose with regard to circumstances knowledge wher
Art. 643No witness may be compelled to answer any question which tends to expose him to an y criminal p rosecution. De
Art. 644It is left to the discretion of the court to determine, in eac h particular case, whether a witness is bound o
Art. 645The provisions of articles 570, 574, 578, 579, 580, 583, 584, 585, 586, 590, 592, 598, 599, article 602(1) and
Art. 646(1) Subject to the ensuing provisions of this article, witnesses shall always b e examined i n court and viva
Art. 647(1) If it shall be necessary to examine any person who either through infirmity or old age is unable to appear
Art. 647A(1) Without prejudice to the provisions of articles 646 and 647, the court may, if it deems it proper so to ac
Art. 647BPursuant to and in accordance with any treaty, convention, agreement or understanding betwe en Malta and anoth
Art. 647C(1) Where the Attorney Gen eral receives a request made by a judicial, prosecuting or administrative authority
Art. 648In order to identify any person whose identity is required to be proved, or in order to identify any object to
Art. 649(1) Where the Attorney General communicates to a magistrate a request made by a judicial, prosecuting or admin
Art. 650(1) In all cases where for the examination of any person or thing special knowledge or skill is required, a re
Art. 651(1) The experts may be challenged only on the same grounds on which a judge may be challenged. (2) The challen
Art. 652The experts shall be summoned in the manner provided for the summoning of witnesses. They shall swear to perfo
Art. 653(1) On terminating the work and the experiments which their profession or art may suggest, the experts shall m
Art. 654In cases within the jurisdiction of the Court of Magistrates as court of criminal judicature, the expert may b
Art. 655The parties, the court, and, in cases within the jurisdiction of the Criminal Court, the jurors, may require t
Art. 656Those who are to judge are not bound to abide by the conclusions of the experts against their own conviction.
Art. 657The provisions of article 452(4) and (5) shall apply to experts. Title II OF CONFESSIONS Confession by accused
Art. 658Any confession made by the person charged or accused, whether in writing, orally, by audiovisual means or by o
Art. 659( 1 ) W h e r e i t i s n o t p o s s i b l e t o r e c o r d a c o n f e s s i o n b y audiovisual means in t
Art. 660It shall not be permissible to give in evidence only a part of an audiovisual recording or of a written or ora
Art. 661A confession shall not be evidence except against the person making the same, and shall not operate to the pre
Art. 662(1) The general expression "decision" includes every verdict of the jury on the facts, every judgment of a cou
Art. 663(1) Every decision of the court shall be delivered by the judge or magistrate in open c ourt: provided that a
Art. 665Subject to the provisions of article 28A and the provisions of this Code relating to the payment of pecuniary
Art. 666(1) The decisions of the Criminal Court and of the Court of Criminal Appeal shall be carried into effect by th
Art. 667Any property connected with c riminal proceedings shall, subject to the following provisions of this Title, be
Art. 668(1) All property connected with criminal proceedings shall be delivered by the court to the registrar and shal
Art. 669(1) The registrar shall ensure that all property delivered to him is properly catalogued, st ored and preserve
Art. 670(1) Any property which is to b e released by the registrar to any person or which is to be destroyed or otherw
Art. 671(1) Saving the provisions of sub-article (2), where the Comptroller of Customs certifies that any property in
Art. 672Notwithstanding any other pr ovision of this Code or of any other law, where the property has been exhibited i
Art. 673(1) Notwithstanding the foregoing provisions of this Title and subject to the provisions of article 671 the co
Art. 674(1) Notwithstanding any other provision of this Code or of any other law but subject to the provisions of arti
Art. 675(1) Saving the provisions of article 671 and of the following sub-articles of this article, where the court on
Art. 676Any property forfeited in favour of the Government in terms of the provisions of this Code or of any other law
Art. 677(1) Any property which is to be returned to any person in pursuance of an order made by the court in its final
Art. 678(1) Where the court in its final judgment has ordered that any property is to be returned but does not name th
Art. 679In disposing of property forfeited in favour of the Government in terms of this Code or of any other law the D
Art. 680Deleted by: III.2002.155. Restoration of property to owner when accused is absent or offender unknown. Amended
Art. 681Deleted by: III.2002.155. Procedure on restoration of property to owner. Amended by: XXIX.1990.33.
Art. 682Deleted by: III.2002.155. Sale by auction of property connected with criminal proceedings. Added by: XXI.1971.
Art. 683Deleted by: III.2002.155. Sale by auction of property unclaimed by owner. Added by: XXIX.1990.34.
Art. 683ADeleted by: III.2002.155. 414 CAP . 9.] CRIMINAL CODE Sale, publication and restoration to be effected upon or
Art. 684Deleted by: III.2002.155 . When proceeds of sale are adjudged in favour of Government. Amended by: XXVII.1975.
Art. 685AFor purposes of this Title "property" shall have the same meaning assigned to it by article 23B. Title V OF TH
Art. 686The provisions of the Code of Organization and Civil Procedure relating to the respect due to the court, are a
Art. 687(1) Sentences awarding punishment shall not be barred by prescription notwithstanding the lapse of any time. (
Art. 688Save as otherwise provided by law, criminal action is barred- (a) by the lapse of twenty years in respect of c
Art. 689For the purposes of prescription, regard shall be had to the punishment to which the offence is ordinarily lia
Art. 690In computing the period established for prescription, the months and years shall be reckoned according to the
Art. 691(1) With regard to a completed offence, the period of prescription shall run from th e day on which the offenc
Art. 692The period of prescription in respect of crimes shall not commence to run when the offender is unknown. Interr
Art. 693(1) The period of prescription is interrupted by any act of the proceedings served on the par ty charged or ac
Art. 694Prescription shall be applied ex officio , and it shall not be lawful for the party charged or accused to waiv
Art. 695(1) The Minister responsible for justice shall have power to amend or add to the scales of fees in the Schedul
Art. 696In this Code the phrase "working days" does not include Saturdays. Regulations. Added by: XXXI.2002.208.
Art. 697The Minister responsible for justice may make regulations for the implementation of the provisions of this Cod
Art. 698(1) The Minister may make regulations to establish a scheme for the compensation of victims of crime under suc
Art. 699Notwithstanding other provisions of this Code and of any other law, the Minister responsible for Justice may m
Art. 699A* Any reference in this Code to the receipt of the record of a case by a court or by the Attorney General or t
Art. 700(1) The Minister may, by regulations, provide for the setting up of an Office to be known as the Asset Recover
Art. 701The Minister responsible for justice may make regulations providing for or permitting the: (a) filing of judic
Art. 702The Minister responsible for justice may make regulations to give effect to any arrangemen t, including any tr

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.