Criminal Code (Cap. 9), article 28H

28H. (1) When making an order for suspended sentence under sub-article (1) of article 28A, the court may enter in such ord er a direction obliging the offender to make restitution to the inju red party of anything stolen or know ingly received or obtained by f raud or other unlawful gain by the offender to the detriment of such party by or through the offence to which the suspended sentence relates, or to pay to such party such sum of money as may be determined by the court in that direction as compensation for a ny such loss as aforesaid or for any damages or other injury or ha rm, including, only in the case of crimes affecting the dignity of persons under Title VII of Part II of Book First and of willful crimes against the person subject to a punishment of imprisonment of at least thre e years under Title VIII of Part II of Book First, up to a maximum limi t of ten thousand euro (€10,000) or up to such maximum limit as the Mini ster responsible for justice may by re gulations establish both with regard to the maximum amount and about the method of computation dependin g on the case, moral harm and, or psychological harm. caused to s uch party by or through the offence; and any such order may include both a direction to make restitution and, in default, to pay as aforesaid. (2) In any case in which it enters such a direction in its order under article 28A(1) the court shall, in that direction, fix th e time- limit, not being longer than six months from the date of the direction, within which the restitution or payment of compensat ion specified in the direction sh all be made by the offender. (3) When issuing an order under sub-article (1), the Court may direct that such costs or damage s 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. (4) The court shall determine the amount of any compensation directed to be paid under this article after summarily hearing the parties, if they so wish, and any other evidence, including tha t of experts, it may deem relevant, b ut the amount of compensation s o determined shall be without prejudice to the rights of either o f the parties, or any other person interested, ensuing from the final liquidation of the amount due, if any, as may be subsequently agreed or adjudicated upon in a civil action or in any other ma nner permitted by law. (5) If the offender fails to comply with a direction entered under this article within the time fixed by the court in that direction, the court shall on the sworn application of the part y to whom such restitution or compensation is due, to be served on t he offender, appoint a date and time not later than seven days fro m the date of service of the applicat ion, for hearing the parties. (6) If the court, after such hearing, is satisfied that the offe nder has failed to comply with its direction under this article, it shall order that the suspended sentence shall take effect. The court may, however, for reasonable cause, g rant to the offender a further peremptory period not exceeding one month, for complying with 28 CAP. 9.] CRIMINAL CODE the direction. (7) The court shall abstain from taking cognizance of an application as is mentioned in sub-article (5) if such applicat ion is filed after the lapse of three m onths from the expiration of th e time- limit fixed by the court for co mpliance with such direction. (8) On entering a direction under this article the court shall explain to the offender in ordinary language his liability unde r this article if he fails to co mply with that direction. Appeals. Added by: XXIX.1990.3.