Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 328
328. Whosoever, through imprudence, negligence or
unskilfulness in his trade or profession, or through non-observ ance
of any regulation, shall cause a ny fire or any damage, spoil or
injury as mentioned in this Sub-title, shall, on conviction, be
liable -
(a) if the death of any person is caused thereby, to the
punishments established in article 225;
(b) if any grievous bodily harm with any of the effects
mentioned in article 218 is caused thereby, to
imprisonment for a term not exceeding six months or
t o a f i n e (multa) not exceeding two thousand and three
hundred and twenty-nine euro and thirty-seven cents
(€2,329.37);
(c) if any grievous bodily harm without any of the effects
aforesaid is caused thereby, to imprisonment for a term
not exceeding three months or to a fine ( multa) not
exceeding one thousand and one hundred and sixty-four
euro and sixty-nine cents (€1,164.69);
(d) in any other case, to imprisonment for a term not
exceeding three months or to a fine ( multa ) or to the
punishments established for contraventions:
Provided that in the cases referred to in paragraph ( d),
except where damage is caused to public property, other than a motor
vehicle, proceedings may be inst ituted only on the complaint of the
injured party:
CRIMINAL CODE [CAP. 9. 181
Provided further that the proceedings referred to in
paragraph ( d) with respect to damage caused on a motor vehicle,
which is public property, on the complaint of the head of the
Government department in char ge of the said vehicle, the
provisions of article 374( d) shall not apply to those proceedings
after the complainant will have confirmed his complaint under o ath
before the court and the absence of the complainant from
attendance in court in any stage of the proceedings shall in no way
affect the lawfulness of the procedures nor be considered to
constitute the withdrawal of the complaint as long as such abse nce
occurs at a stage which is subsequent to the said confirmation on
oath of the complaint by the complainant:
Provided further that in cas es where a person commits an
offence as referred to in paragr aphs (a), (b) and (c), and in t he case of
paragraph (d) only with regard to slight bodily harm, and subse quently
flees from the place where the d eath of a person or bodily harm
occurred, the punishment established for the offence shall be i ncreased
by two to three degrees.
Sub-title IV A *
Added by:
VI.2005.2.
OF ACTS OF TERRORISM, FUNDING OF TERRORISM AND
ANCILLARY OFFENCES
Acts of terrorism
and terrorist
activities.
Added by:
VI.2005.2.
Amended by:
III.2015.24;
VIII.2015.18;
XLII.2018.4;
L.2021.3 .
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.