Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 17

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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.

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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.