Criminal Code (Cap. 9), article 248E

248E. (1) In this Sub-title, the phrase "trafficks a person" or "trafficks a minor" means the recruitment, transportation, sale or transfer of a person, or of a minor, as the case may be, includ ing harbouring and subsequent reception and exchange or transfer of control over that person, or minor, and includes any behaviour which facilitates the entry into, transit through, residence in or exit from the territory of any country for any of the purposes menti oned in the preceding articles of this Sub-title, as th e case may be . (2) Where any of the offences in articles 248A to 248D, both inclusive - (a) is accompanied by violence, or has resulted in harm to the physical or psychological health of the victim; or (b) generates proceeds exceeding eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87); or (c) is committed with the involvement of a criminal organisation within the meaning of article 83A(1); or (d) is committed by a public officer or servant in the course of the exerci se of his duties; or CRIMINAL CODE [CAP. 9. 131 (e) is committed against a vulnerable person within the meaning of article 208AC(2); or (f) when the offender wilfully or recklessly endangered the life of the person trafficked; or (g) when the offender has been previously convicted of an offence under this article; or (h) is committed by a member of the child’s family, a person cohabiting with the child or a person who has abused a recognised position of trust or authority, the punishment otherwise due s hall be increased by one degree. Cap. 12. (3) The provisions of article 121D shall apply mutatis mutandis to the offences under this Sub-ti tle, so however that the punis hment to which the body corporate shall be liable under this sub-arti cle shall be the payment of a fine ( multa ) of not less than twenty thousand euro (€20,000) and not more than two million euro (€2,000,000), which fine may be recovered as a civil debt and t he sentence of the Court shall constitute an executive title for a ll intents and purposes of the Code of Organization and Civil Procedure . (4) Where the person found guilty of any of the offences under this Sub-title - (a) was at the time of the commission of the offence an employee or otherwise in the service of a body corporate, and (b) the commission of the offence was for the benefit, in part or in whole, of t hat body corporate, and (c) the commission of the offence was rendered possible because of the lack of supervision or control by a person referred to in article 121D, the person found guilty as aforesaid shall be deemed to be vest ed with the legal representation of the same body corporate which shall be liable to the payment of a fine ( multa ) of not less than ten thousand euro (€10,000) and no t exceeding two million euro (€2,000,000). (4A) Whenever the offence is comm itted for the benefit, in part or in whole, of a body corporate by a person who has the power of representation of the body corpor ate, authority to take decisio ns on behalf of the body corporate, or authority to exercise control of the body corporate, the legal person may be subject to: (i) exclusion from entitlement to public benefits or aid; (ii) the suspension or cancellation of any licence, permit or other authority to engage in any trade, business or other commercial activity; (iii) placing under judicial supervision; (iv) the compulsory winding up of the body corporate; or (v) the temporary or permanent closure of any 132 CAP . 9.] CRIMINAL CODE establishment which may have been used for the commission of the offence. (5) Without prejudice to the provisions of article 5, the Maltes e courts shall also have jurisdict ion over the said offences wher e: (a) only part of the action giving execution to the offence took place in Malta; or (b) the offender is a Maltes e national or permanent resident in Malta or the offence was committed for the benefit of a body corporate registered in Malta; or (c) the offence was committed against a Maltese national or permanent resident in Malta. Exemption for acts under compulsion. (6) The offences committed under this Sub-title shall not be liable to punishment if the offender was compelled thereto by another person where the provisions of article 33( b) do not apply. Inapplicability of Immigration Act. Cap. 217. (7) The provisions of article 14 of the Immigration Act s h a l l not apply until the lapse of thirty days from the date that the Principal Immigration Officer h as reasonable grounds to believe that the person concerned is a victim of any of the offences un der this Sub-title. Cap. 63. (8) The provisions of articles 13 and 14 of the White Slave Traffic (Suppression) Ordinance , shall, mutatis mutandis, apply. (9) Notwithstanding any other provision of this Code or of any other law, the period of prescri ption shall run from the day on which the victim attain s the age of majority. (10) For the purposes of this a rticle the phrase "permanent resident" shall have the same meaning assigned to it by article 5(1)( d). Aiding and abetting. Added by: XVIII.2013.6. 248F (1). Whosoever aids, abets or instigates any offence under this Sub-title shall be guilty of an offence and shall be liabl e on conviction to the punishment laid down for the offence aided, abetted or instigated. (2) Any person who engages in or makes use of the services or labour as referred to in articles 248A to 248D, both inclusive, in the knowledge that the person providing the service has been traffi cked within the meaning of article 248E(1), shall be guilty of an of fence and liable, on conviction, to impr isonment for a term of eighte en months to five years. Non- applicability of provisions. Added by: XVIII.2013.6. Cap. 446.