Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 310F
310F. Any person who intentionally commits any of the following
acts shall be guilty of an off ence against this article:
(a) the fraudulent use of a stolen or otherwise
unlawfully appropriated or obtained non-cash payment
instrument;
CRIMINAL CODE [CAP. 9. 167
(b) the fraudulent use of a counterfeit or falsified
non-cash payment instrument;
(c) the theft or other unlawful appropriation of a
corporeal non-cash payment instrument;
(d) the fraudulent counterfeiting or falsification of a
corporeal non-cash payment instrument;
(e) the possession of a stolen or otherwise unlawfully
appropriated, or of a counterfeit or falsified corporeal non-ca sh
payment instrument for fraudulent use;
(f) the procurement for oneself or another, including
the receipt, appropriation, purch ase, transfer, import, export,
sale, transport or distribution of a stolen, count erfeit or fal sified
corporeal non-cash payment in strument for fraudulent use;
(g) the unlawful attainment of a non-corporeal non-
cash payment instrument when thi s attainment has involved the
commission of at least one of the offences referred to in sub-
article (1) of article 337C, or misappropriation of a non-
corporeal non-cash payment instrument;
(h) the fraudulent counterfeiting or falsification of a
non-corporeal non-cash payment instrument;
(i) the holding of an unlawfu lly obtained, counterfeit
or falsified non-corporeal non-cash payment instrument for
fraudulent use, at least if the unlawful origin is known at the
time of the holding of the instrument;
(j) the procurement for oneself or another, including
the sale, transfer or distribution, or the making available, of an
unlawfully obtained, counterfeit or falsified non-corporeal non -
cash payment instrument for fraudulent use;
(k) performing or causing a transfer of money,
monetary value or virtual currency and thereby causing an
unlawful loss of property for another person, in order to make
an unlawful gain for the perpetrator or a third party, when suc h
action is intentionally committed either by:
(i) without right, hindering or interfering with
the functioning of an in formation system; or
(ii) without right, introducing, altering,
deleting, transmitting or suppressing computer data;
(l) producing, procuring for oneself or another,
including the import, export, sale, transport or distribution, or
168 CAP . 9.] CRIMINAL CODE
making available a device or an instrument, computer data or
any other means primarily desig ned or specifically adapted for
the purpose of committing any of the offences referred to in
paragraphs (c), (d), (g), (h) and (k), with the intention that such
means be used.
Offences and
penalties.
Added by:
LIII.2021.2.
310G . (1) Whosoever commits any offence referred to in
paragraphs (a), (b), (c), (d), ( g), (h) and (l) of article 310F shall, on
conviction, be liable to impris onment for a term not exceeding two (2)
years.
(2) Whosoever commits any offence referred to in paragraphs
(e), (f), (i) and (j) of article 310F shall, on conviction, be liable to
imprisonment for a term not exceeding one year.
(3) Whosoever commits the offence referred to in paragraph (k)
of article 310F shall, on conviction, be liable to imprisonment for a
term not exceeding three (3) years.
(4) Whosoever commits any offence referred to in paragraphs
(a) to (k) of article 310F within the framework of a criminal
organisation, as defined in Council Framework Decision 2008/841 /
JHA of 24 October 2008 on the fight against organised crime, sh all, on
conviction, be liable to imprisonm ent for a term not exceeding five (5)
years.
Aiding and
abetting.
Added by:
LIII.2021.2.
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.