Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 211A

Official PDF on legislation.mt

211A. In sentencing a person convicted of the wilful homicide or of the attempted wilful homicide of a person of the female gender the court shall, in establishing the punishment, give du e consideration to whether the h omicide or attempted homicide: (a) was the result of violence committed by an intimate partner with whom the victim was or is still in a relationship or of whom the victim is the spouse or former spouse; or (b) resulted from violence by a member or members of the family; or (c) was committed for misogynist motives; or (d) was committed for reasons of honour of the perpetrator, or of family reputation, or for reasons related to religious or cu lt belief or practices; or (e) was committed due to motiv es based on the gender, or gender identity, or sex or sexual orientation of the victim; or (f) was committed as a result of sexual violence or of acts of a sexual nature; or (g) was committed due to the victim being involved in prostitution, or being subjected to sexual exploitation or being the victim of human trafficking for purposes CRIMINAL CODE [CAP. 9. 113 of sexual exploitation, and the court shall consider the existence of any of the said circumstances as a factor milita ting against leniency in punish ment. Where the offender did not intend to cause the death of any person in particular, or where the offender kills a person other than the intended victim. Amended by: X.2022.3.

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