Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 314CB

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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.

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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.