Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 17
17. In the case of concurrent offences and punishments, the
following provisions shall apply:
(a) a person guilty of more than one crime liable to
punishments restrictive of personal liberty, one of
which is for life, shall be sentenced to this punishment
with the addition of solitary confinement;
(b) a person guilty of more than one crime liable to
temporary punishments restrictive of personal liberty,
shall be sentenced to the punishment for the graver
crime with an increase varyi ng from one-third to one-
half of the aggregate duration of the other
punishments;
(c) a person guilty of more than one contravention shall be
sentenced to the punishment established for each
contravention:
Provided that if the accused is sentenced to
detention, the aggregate duration of the punishment to
be awarded shall in no case exceed the period of three
months;
(d) a person guilty of one or more crimes and of one or
more contraventions, shall only be sentenced to the
punishment established for the crime or to the
punishment to which the offender may be liable for the
commission of more crimes according to the rules laid
down in the preceding paragr aphs, if the punishment to
b e i n f l i c t e d f o r t h e c r i m e s i s n o t l e s s t h a n t h r e e
months’ imprisonment. Where the punishment to be
inflicted for the crimes is less than three months’
imprisonment, the punishment established for the
contravention or the punishment to which the offender
may be liable for the commission of more
contraventions according to the rules laid down in the
preceding paragraph, s hall also be applied;
(e) where the law prescribes t he punishment of temporary
interdiction, that which is of the longest duration shall
be applied with an increase varying from one-third to
CRIMINAL CODE [CAP. 9. 17
one-half of the aggregate duration of the others:
Provided that the term awar ded shall in no case exceed
twenty years;
(f) a person found guilty of more than one offence liable
to pecuniary punishments shall be sentenced to the
punishment of the higher or highest fine ( multa o r
ammenda ), as the case may be, in addition to one-half
of each of the other fines ( multa or ammenda );
(g) in the case of conversion of more than one pecuniary
punishment into a punishment restrictive of personal
liberty, the duration of this punishment shall not
exceed three years, in the case of a fine ( multa ), or six
months in the case of a fine ( ammenda ); and if both
fines ( multa a n d ammenda ) have been awarded, the
conversion shall be made into detention or
imprisonment as the court shall direct;
(h) when several offences, which taken together do not
constitute an aggravated crime, are designed for the
commission of another offe nce, whether aggravated or
simple, the punishment for the graver offence shall be
applied.
Continuous
offence.
Amended by:
XI.1900.6;
XIII.2018.24;
XXIV .2019.3.
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.