Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 251E
251E. (1) Whosoever, for non-medical reasons, performs an
operation or carries out any intervention on a woman’s genitali a
that damages the genitalia or inflicts upon them permanent
changes, shall be guilty of enfo rced female genital mutilation and
shall be liable to the punishment of imprisonment for a term fr om
five to ten years.
(2) ( a) Whosoever shall be guilty of female genital mutilation
from which death shall ensue solely as a result of the
nature or the natural consequences of the harm and not
of any supervening accident al cause, shall be liable -
(i) to imprisonment for a term from six to twenty
years, if death shall ensue within forty days to
be reckoned from the midnight immediately
preceding the operati on or intervention;
(ii) to imprisonment for a term from six to twelve
years, if death shall ensue after the said forty
days, but within one year to be reckoned as
above.
140 CAP . 9.] CRIMINAL CODE
(b) If death shall ensue as a result of a supervening
accidental cause and not solely as a result of the nature
or the natural consequences of the operation or
intervention, the offender shall, on conviction, be
liable to imprisonment for a term from six to twelve
years.
(3) Consent of the person undergoing the operation or
intervention shall not justify exemption from punishment.
(4) Whosoever shall wilfully fai l to seek to avert, by formal
complaint or in another manner, female genital mutilation, shal l be
liable to a fine ( multa ) of not less than one thousand euro (€1,000)
and not exceeding five thousand euro (€5,000) or to a term of
imprisonment for a term of six months to two years, or to both such
fine and imprisonment:
Provided that the duty to avert such an act shall apply
regardless of any duty of confidentiality.
(5) For purposes of this article the terms "operation" and
"intervention" shall include the excision, infibulation or muti lation
of the genitalia.
(6) Whosoever aids, abets, counsels , incites, procures or coerce s a
female to excise, infibulate or otherwise mutilate the whole or any
part of her own genitalia, sha ll be guilty of an offence and sh all be
liable, on conviction, to the punishment laid down under this
article.
Virginity testing.
Added by:
XI.2024.2.
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.