Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 227
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.
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.