Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 251E

Official PDF on legislation.mt

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.

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