Criminal Code (Cap. 9), article 328M

328M. Without prejudice to the provisions of article 5, the courts in Malta shall also have jurisd iction over the offences laid do wn in this Sub-title where - (a) the offence is committed even if only in part in the territory of Malta or on th e sea in any place within the territorial jurisdiction of Malta; (b) the offender is a Maltese national or permanent resident within the meaning of article 5(1)( d) in Malta; (c) the offender is a person suspected or convicted of an offence laid down in this Sub-title and whose surrender or extradition to another country for such an offence is refused by Malta even if there is no provision according to the laws of Malta other than the present provision in virtue of which the criminal action may be prosecuted in Malta against that person; (d) the offence is committed for the benefit of a legal person established in Malta; (e) the offence is an offence under article 328B or an offence under article 328D which involves a terrorist group even if the terrorist gr oup is based or pursues its criminal activities outside Malta; (f) the offence is committed against the institutions or people of Malta or against an institution of the European Union or a body set up in accordance with the Treaties and based in Malta: Provided that for the pur poses of this paragraph: 192 CAP . 9.] CRIMINAL CODE Cap. 460. "the European Union" shall have the same meaning assigned to it by article 2(1) of the European Union Act; "the Treaties" means the Treaty establishing the European Community done at Rome on the 25th March, 1957 and the Treaty on European Union done at Maastricht on the 7th February, 1992, and the Protocols annexed thereto. (g) W h e r e t h e o f f e n c e f a l l s w i t h i n t h e j u r i s d i c t i o n o f Malta and any other Member State of the European Union and where such Member States can validly prosecute on the basis of t he same facts, the said Member States shall cooperate in order to decide which one of them shall prosecute the offenders, having regard to the following factors: (i) the Member State shall be that in the territory of which the offence was committed; (ii) the Member State shall be that of which the offender is a national or resident; (iii) the Member State shall be the country of origin of the victims; (iv) the Member State shall be that in the territory of which the offender was found: Provided that for the purposes of this paragraph cooperation between Member States of the European Union may be facilitated through recourse to Eurojust; ''Eurojust'' shall have the same meaning assigned to it by Council Decision 2002/187/JHA of 28 February 2002 of the European Union. Mitigation of punishment. Added by: XLII.2018.11.