Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 251H
251H. The punishment for the offences referred to in articles 251
to 251G , both inclusive, shall be increased by one to two degre es in
case of one or more of the fo llowing circumstances arising:
(a) the offence was committed against a former or current
spouse or partner, by a memb er of the family, a person
cohabiting with the victim or a person having abused
her or his authority:
Provided that, in this paragraph spouse includes a
person whose marriage with the accused has been
dissolved or declared null.
(b) the offence, or related offences, were committed
repeatedly;
(c) the offence was committed ag ainst a vulnerable person
within the meaning of article 208AC(2);
(d) the offence was committed against or in the presence
of a minor;
(e) the offence was committed by two or more people
acting together;
(f) the offence was preceded o r accompanied by violence;
(g) the offence was committed with the use or threat of a
weapon;
(h) the offence resulted in severe physical or
psychological harm for the victim;
(i) the offender has been previously convicted of offences
of a similar nature.
Aggravating
circumstances.
Added by:
XIII.2018.24.
Amended by:
XXXVI.2023.3.
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.