Criminal Code (Cap. 9), article 298C

298C. (1) Whosoever receives from another person or obtains from another person a promise to give, to himself or to others, in consideration of a loan, interests or any other gain under any form whatsoever in excess of what is allowed by law shall, on conviction, be liable to imprisonment for a term not exceeding eighteen months and to the payment of a fine ( multa ) from two thousand and three hundred and twenty-nine euro and thirty-seve n cents (€2,329.37) to thirty-four thousand and nine hundred and forty euro and sixty cents (€34,940.60). (2) The same punishment laid do wn in sub-article (1) shall apply to whosoever receives from another person or obtains from another person a promise to give, to himself or to others, in consideration of a service consisting in any other benefit of a ny kind, interests or any other gain under any form whatsoever in excess of what is allowed by law or otherwise grossly disproportionate to the service given. (3) The same punishment laid down in sub-article (1) shall also apply to whosoever, not being an accomplice in the offence in t he same sub-article, intervenes to procure for another person a su m of money or any other benefit by having a person give or promise t o give, to himself or to others, in respect of the intervention, a grossly disproportionate compensation. (4) For the purposes of sub-articles (1), (2) and (3), in the determination of whether the interests are, or any gain or compensation is, grossly disproportionate account shall be had of all the circumstances of the fact and of the average rates usua lly applicable to operations similar to the one in question. (5) Where, in the course of crim inal proceedings for an offence under this article, it is proved before the court that the accu sed has received from another person an amount of interest, or a consideration of an amount, in excess of what is allowed by law or 162 CAP . 9.] CRIMINAL CODE otherwise grossly disproportionate to the service given, the co urt shall order the accused to pay to the said other person such am ount as may be determined by the cour t as being the excess received by the accused as aforesaid. The sa id order of the court shall be without prejudice to any right of such other person to recover by any other means any greater amoun t due to him and the order sha ll constitute an executive title enf orceable as if it were a final judgement given in a civil action between the offender and the person to whom payment is ordered. (6) The punishment for an offence under this article shall be decreased by one degree where the accused, before final judgement, reimburses excess amount received by him to the person from whom such amount was received. Tampering, removal, etc., of chassis or engine number. Added by: III.2002.61. Amended by: L.N. 407 of 2007.