Criminal Code (Cap. 9), article 257D

257D. (1) Any person found guilty of any offence under Title IX of Part II of Book First, when committed against an elder or a dependent adult, shall be liable to the punishment provided for in this article: (a) when the amount of the damage caused by the offender exceeds three thousand euro (€3,000) the punishment shall be that of imprisonment from two to nine years; (b) when the amount of the damage caused by the offender exceeds two hundred and fifty euro (€250) but does not exceed three thousand euro (€3,000), the punishment shall be that of imprisonment from nine months to three years: Provided that if the punishment laid down for the relevant offence in this Sub-title is higher than the punishment laid down in this paragraph, the former punishment shall apply increased by one degree and, in the case of the offen ce under article 294, the punishment so increased shall not be awarded in its minimum; (c) when the amount of the damage caused by the offender does not exceed two hundred and fifty euro (€250) the offender shall be liable to imprisonment for a term not exceeding six months. Cap. 12. ( 2 ) I n a d d i t i o n t o a n y p u n i s h m e n t t o w h i c h t h e p e r s o n convicted of an offence under this Sub-title may be sentenced a nd in addition to any penalty to wh ich a body corporate may become liable under the provisions of article 121D, the court may orde r the offender to make restitution to the injured party of any proper ty or proceeds stolen or knowingly received or obtained by fraud or other unlawful gain to the detriment of such party by or throug h the offence or to pay to such party such sum of money as may be determined by the court as com pensation for any such loss as aforesaid or for any damages or other injury or harm including moral and psychological harm caused to such party by or through the offence; and any such order may include both a direction to mak e restitution and, in default, to pa y as aforesaid. The order sha ll constitute an executive title for all intents and purposes of t he Code of Organization and Civil Procedure . (3) When issuing an order under sub-article (1), the Court may direct that such costs or damages are paid in instalments, in p articular having regard to any other obligations which the offender has t owards the victim or any of the victim’s dependants. 148 CAP . 9.] CRIMINAL CODE Unlawful arrest, detention or confinement of an elder or a dependent adult. Added by: XXXI.2014.3.