Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 328

Official PDF on legislation.mt

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 .

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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.