Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 314CB
314CB. (1) If as a result of the offence referred to in the last
preceding article, any person shall perish, the offender shall be
liable to the punishment of imprisonment for life.
(2) If as a result of the offence referred to in the last preced ing
article, a grievous bodily harm is caused to any person, the of fender
shall be liable to imprisonment for a term from four to twenty
years:
Provided that if a grievous bodily harm is caused to two or
more persons the punishment laid down in the last preceding art icle
shall apply and shall not be awarded in its minimum.
(3) If as a result of the offence referred to in the last preced ing
article -
(a) any serious spoil, damage or injury to or upon any
movable or immovable property belonging to any
person or to or upon the environment is caused;
(b) a natural or legal person or an international
organization or a State is compelled to do or to refrain
from doing an act;
the punishment therein mentioned shall not be awarded in its
minimum.
(4) Where the offence takes place in, or is directed at, a publi c
place, a state or government faci lity, an infrastructural facil ity or a
public transportation system the punishment for the offence sha ll
be increased by one degree.
Unlawful
possession of
radioactive
material or
making or
possession of a
lethal device.
Added by:
VII.2010.22.
314CC . (1) Whosoever unlawfully possesses radioactive
material or makes or pos sesses a lethal device -
(a) with the intent to cause death or serious bodily injury;
or
(b) with the intent to cause serious damage to property or
to the environment,
shall be liable to the punishment laid down in article 313 incr eased
by one or two degrees.
(2) Whosoever -
(a) threatens, under circumsta nces which indicate the
credibility of the threat, to commit the offence under
sub-article (1); or
(b) by the use of threats, under the same circumstances
aforesaid, or by the use of force, unlawfully and
knowingly demands radioac tive material, a lethal
device or a nuclear facility
shall be liable to the punishment laid down in article 313 incr eased
by one or two degrees.
174 CAP . 9.] CRIMINAL CODE
(3) Whosoever -
(a) organizes or directs others to commit an offence under
sub-articles (1) to (3), both inclusive; or
(b) in any other way knowingly contributes to the
commission of one or more of the offences under sub-
articles (1) to (3), both inclusive, by a group of persons
acting with a common purpose when such contribution
is made with the aim of furthering the general criminal
activity or purpose of the group or in the knowledge of
the intention of the group to commit the offence or
offences concerned,
shall be liable to the punishmen t laid down for the offence und er
sub-articles (1) to (3), both inclusive, as the case may be, pr ovided
that where that offence has only been attempted but not complet ed
the punishment shall be that laid down for the attempted offenc e.
(4) In this article and in articles 314CA and 314CB:
"lethal device" has the same meaning assigned to it by article
314A(4) of and includes a nuclear explosive device;
"nuclear facility" means:
(a) any nuclear reactor, includ ing reactors installed on
vessels, vehicles, aircraft or space objects for use as an
energy source in order to pr opel such vessels, vehicles,
aircraft or space objects or for any other purpose;
(b) any plant or conveyance being used for the production,
storage, processing or transport of radioactive
material;
"nuclear material" shall have th e same meaning assigned to it b y
article 314B(4);
"radioactive material" means nuclear material and other
radioactive substances which contain nuclides which undergo
spontaneous disintegration (a process accompanied by emission o f
one or more types of ionizing radiation, such as alpha-, beta-,
neutron particles and gamma rays) and which may, owing to their
radiological or fissile properties, cause death, serious bodily injury
or substantial damag e to property or to the environment;
"public transportation system" "state or government facility",
and "infrastructure facility" shall have the same meaning assig ned
to them respectively by article 314A(4).
Jurisdiction.
Added by:
VII.2010.22.
Amended by:
VIII.2015.16.
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.