Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 197

Official PDF on legislation.mt

197. (1) Any ascendant by consanguinity or affinity who, by the use of violence or by threats, compels, or, by deceit, indu ces any descendant under age to prostitution, shall, on conviction, be liable to imprisonment for a term from six to twelve years. Prostituting of spouse under age or of minor by husband or wife or tutor. (2) The same punishment shall be applied to anyone of the spouses or tutor who, by the use of violence or by threats, com pels, or, by deceit, induces to prost itution his or her spouse under age or the minor under his or her tutorship. Prostituting of descendant or spouse of age, by ascendant or husband or wife. (3) If the ascendant or any one of the spouses, by the use of violence or by threats, compels, or, by deceit, induces the descendant or his or her spouse, of age, to prostitution, he or she shall, on conviction, be liable to imprisonment of a term from three to six years. (4) The punishment prescribed for the crimes referred to in the 96 CAP. 9.] CRIMINAL CODE preceding sub-articles shall be i ncreased by one to two degrees in the cases referred to in artic le 202, as applicable. Consequences of conviction. (5) A conviction under this article shall entail the forfeiture of every authority and right granted to the offender over the pers on or property of the spouse or of the descendant to whose prejudice the offence shall have been committed , and, in the case of the tuto r, his removal from the tutorship and his perpetual disability from holding the office of tutor: Provided that where the rights of the offender over the person to whose prejudice the offence has been committed consis ts of rights of parental authority the forfeiture provided for in this sub-article shall not apply autom atically but may be imposed by the court after it has considered a ll the circumstances of the case and in imposing such forfeiture the court may also impose conditions: Provided further that in the cases referred to in the above proviso the court may, upon the application of the offender, an d only after appointing any expert that it may deem fit to appoin t, remove or vary the conditions of the forfeiture, after being sa tisfied that a material change in circum stances justifies such revocati on or variation of conditions. Sub-title II Amended by: XI.1900.24. Substituted by: XXXVII.2016.5. OF SEXUAL OFFENCES Rape. Amended by: XI.1900.26; XLIX.1981.4. Substituted by: XIII.2018.24. Amended by: LXIV .2021.5.

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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.