Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 115

Official PDF on legislation.mt

115. (1) Any public officer or servant who, in connection with his office or employment, reque sts, receives or accepts for him self or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage to which he is not ent itled, shall, on conviction, be liable to punishment as follows: (a) where the object of the reward, promise or offer, be to induce the officer or servant to do what he is in duty bound to do, the punishment shall be imprisonment for a term from six mont hs to three years; (b) where the object be to induce the officer or servant to forbear from doing what he is in duty bound to do, the punishment shall, for the mere acceptance of the reward, promise or offer, be imprisonment for a term from nine months to five years; (c) where, besides accepting the reward, promise, or offer, the officer or servant actually fails to do what he is in duty bound to do, the punishment shall be imprisonment for a term fr om one year to eight years. (2) Notwithstanding any other provision of this Code or of any other law, when the offence against the provisions of this arti cle is committed by a person who, at the time when the offence was committed, held the office of Minister, Parliamentary Secretary , Member of the House of Repre sentatives, Mayor or Local Councillor and the offence involv ed the abuse of such office, t he provisions of Title VI of Part III of Book Second of this Code shall not apply to the said pe rson or to any accomplice. Where failure of duty consists in passing sentence on defendant or person accused. Amended by: XXI.1971.14; IV .1974.3; XLIX.1981.4; X.2000.11; III.2004.71.

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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.