Criminal Code (Cap. 9), article 328C

328C. (1) Whosoever, with the intention of committing any of the acts listed in article 328A(2)( a) to ( j) or in article 328B or in article 328C(2)(d) - (a) commits an offence of theft aggravated as provided in article 261; or (b) commits the offence in article 113 or 250; or (c) commits an offence of forgery or any of the offences under Sub-titles I and II of Title V , shall be liable to the same punishment laid down in article 328 A(3): Provided that for the offences re ferred to in this sub-article, it shall not be necessary to establ ish a link to another specific offence listed in this Sub-title. (2) Whosoever, knowingly - (a) publicly provokes the commission of terrorist activities by any means including but not limited to the distribution, or otherwise making available by any means, whether online or offline, of a message to the public, with the intent to incite the commission of a t e r r o r i s t o f f e n c e , w h e r e s u c h c o n d u c t , d i r e c t l y o r indirectly, such as by the glorification of terrorist acts, advocates the commission of terrorist offences, thereby causing a danger that one or more such offences may be committed; (b) recruits or solicits another person to commit terrorist activities or to travel for purposes mentioned in paragraph ( d); (c) trains or instructs another person ir self-studies in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or t echniques, for the purpose of committing terrorist activities; CRIMINAL CODE [CAP. 9. 187 (cc) receives training or instruction, from another person in the making or use of explosives, firearms or other weapons or noxious or hazar dous substances, or in other specific methods or techniques, for the purpose of committing or contributing to the commission of terrorist activities; (d) travels or attempts to travel within or outside the European Union, directly or by transiting through one or several Member States of the Union, for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist ac tivities or participation in the activities of a terrorist group with knowledge of the fact that such participation will contribute to the criminal activities of such a group or the providing or receiving of training in terrorist activities; (e) finances, organizes or in a ny other manner facilitates travel for the purposes m entioned in paragraph ( d); (f) produces, distributes, disseminates, imports, exports, offers, sells, supplies, transmits, makes available, procures for oneself or for another, or shows a publication likely to encourage or induce the commission of terrorist activities or to be useful in the commission of such activities, shall be liable to the same punishment laid down in article 328 A(3). (3) Whosoever - (a) organizes or directs others to commit an offence under sub-article (2); or (b) in any other way knowingly contributes to the commission of one or more of the offences under sub- article (2), 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 punishment of imprisonment of four to th irty years. (4) For the commission of an offence under this article or artic le 328B, it shall not be necessary that terrorist activities be ac tually committed. (5) Where the offence referred to in paragraphs (b) and (c) of sub-article (2) is directed towards a child, the punishment sha ll be increased by one degr ee and shall not be awarded in its minimum . (6) For the purpose of ensuring the prompt removal or blocking o f online content constituting public provocation to commit a terr orist activities as defined in sub-article (2)(a), the provisions of Sub-title V of Title I of Book Second, of Sub-title VII of Title I of Book Sec ond, of article 23 and of article 337G of this Code shall, mutatis mutandis, 188 CAP . 9.] CRIMINAL CODE apply. (7) For the purpose of ensuring the removal of online content hosted outside the territory of Malta, which online content con stitutes a public provocation to commit terrorist activities as defined in sub- article (2)(a), the Police may request internet service provide rs hosting such online content to remove such online content. The request communicated to the internet ser vice provider shall contain rea soned grounds for which such a request was made. Cap. 12. (8) Any decision taken by the Police in accordance with sub- article (7) may be challenged i n terms of article 469A of the Code of Organization and Civil Procedure . Inciting, aiding or abetting. Added by: VI.2005.2. Substituted by: XLII.2018.7. Amended by: L.2021.5 .