Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 222A
222A. (1) Deleted by Act LXV .2021.6.
(2) The punishments established in the foregoing provisions of
this Sub-title shall also be increased by one to two degrees wh en
the offence is aggravated or motivated on the grounds of gender ,
gender identity, sexual orienta tion, race, colour, language, na tional or
ethnic origin, age, disability, citizenship, religion or belief or political or
other opinion.
(3) An offence is aggravated or motivated on grounds of gender,
gender identity, sexual orienta tion, race, colour, language, na tional or
ethnic origin, age, disability, citizenship, religion or belief or political or
other opinion if:
(a) at the time of committing th e offence, or immediately
before or after the commission of the offence, the
offender demonstrates towards the victim of the
offence hostility, aversion or contempt based on the
victim’s membership (or pr esumed membership) of a
group, denoting a particular gender, gender identity, sexual
orientation, race, colour, language, national or ethnic
origin, age, disability, citizenship, religion or belief or
political or other opinion; or
(b) the offence is motivated, wholly or partly, by hostility,
aversion or contempt towards members of a group as
referred to in paragraph (a).
(4) In sub-article (3)( a):
"membership", in relation to a group, includes
association with mem bers of that group;
"presumed" means presumed by the offender.
CRIMINAL CODE [CAP. 9. 117
(5) It is immaterial for the purposes of sub-article (3)( a) or ( b)
whether or not the offender’s hos tility is also based, to any e xtent,
on any other factor not mentioned in that those paragraphs.
(6) In this article:
"racial group" means a group of persons defined by
reference to race, descent, colour, nationality
(including citizenship) or e thnic or national origins;
"religious group" means a group of persons defined by
reference to religious belief or lack of religious belief.
(7) The punishment prescribed for any of the crimes referred to
in the preceding articles of this Sub-title shall be increased by one
to two degrees in the applicable cases referred to in article 2 02,
provided that where an aggravation of punishment in respect of the
circumstances mentioned in this article is already provided for
under this Code or any other law, the higher punishment may be
applied.
Sub-title III
OF JUSTIFIABLE HOMICIDE OR BODILY HARM
Justifiable
homicide or
bodily harm.
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.