Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 337
337. (1) In cases of fraud, the prescribed punishment shall be
diminished by one or two degrees if, previously to the
commencement of any criminal pro ceedings against the offender,
the damage caused by the offen ce shall have been fully made goo d.
(2) In cases of theft, whether s imple or aggravated, as well as
any offence of voluntary damage to property committed in the
course of the execution of the offence of theft, the prescribed
punishment shall be diminished by two degrees if, prior to his
arraignment in court in connection with that theft:
(a) the offender discloses to the competent authority any
person who may have receive d or purchased from him,
or who may have taken part in the sale or disposal of,
the stolen property, and
(b) (i) either he delivers to the competent authority all
the property stolen by him, making good to the
injured party any damage that may have been
caused to the property, or
(ii) where the property has not been recovered, he
pays to the injured party the full value of the
property so stolen; and
(c) fully makes good to the injured party any damage, to
other moveable or immoveable property, caused by, or
in the course of the execution of, the offence of theft.
(3) The prescribed punishment in the case of the offences
mentioned in sub-article (2) may be diminished by one degree if the
offender complies with the provisions of that sub-article after his
arraignment in cou rt as aforesaid.
(4) The provisions of sub-articles (2) and (3) sha ll not apply -
(a) in the case of theft aggravated by violence consisting
in wilful homicide, attempted homicide, wilful bodily
harm or confinement of the person;
(b) in the case of theft aggravated by violence directed
against any of the persons mentioned in article 276A;
(c) in the case of theft in the course of the execution of
which a death or bodily harm ensues as provided in
article 226A.
(5) The circumstances mentioned in sub-articles (1) and (2)
shall not be considered as special or exceptional reasons for t he
purpose of article 21.
CRIMINAL CODE [CAP. 9. 197
Smuggling of
persons.
Added by:
III.2002.72.
Amended by:
VI.2005.3;
L.N. 407 of
2007;
VIII.2015.22;
XXXVII.2025.2.
Cap. 446.
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.