Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 115
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.
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.