Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 227

Official PDF on legislation.mt

227. Wilful homicide sha ll be excusable - (a) where it is provoked by a grievous bodily harm, or by any crime whatsoever against the person, punishable with more than one year’s imprisonment; (b) where it is committed in repelling, during the day- time, the scaling or breaking of enclosures, walls, or the entrance of any house or inhabited apartment, or the appurtenances thereof hav ing a direct or an indirect communication with such house or apartment; (c) where it is committed by any person acting under the first transport of a sudden passion or mental excitement in consequence of which he is, in the act of committing the crime, i ncapable of reflecting; the offender shall be deemed to be incapable of reflecting whenever the homicide be in fact attributable to heat of bloo d and not to a deliberate intention to kill or to cause a serious injury to the person, and the cause be such as would, in persons of ordinary temperament, co mmonly produce the effect of rendering them incapab le of reflecting on the consequences of the crime: Provided that a homicide shall not be excusable under this paragraph if it was committed in any of the circumstances mentioned in article 211A; (d) where it is commi tted by any person who, acting under the circumstances mentioned in article 223, shall have exceeded the limits imposed by law, by the authority, or by necessity: Provided, moreover, that any such excess shall not be liable to punishment if it is due to the person being taken unawares, or to fear or fright. Punishment for excusable wilful homicide. Amended by: V .1868.13; VIII.1909.22; III.2002.42.

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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.