Criminal Code (Cap. 9), article 337A

337A. (1) Any person who with the intent to make any gain whatsoever aids, assists, counsel s or procures any other person to enter or to attempt to enter or to leave or attempt to leave or to transit across or to attempt to transit across, Malta in contra vention of the laws thereof or who, in Malta or outside Malta, conspire s to that effect with any other person shall, without prejudice to a ny other punishment under this Code or under any other law, be lia ble to the punishment of imprisonment from four years to ten years, or a fine (multa) of forty thousand euro (€40,000) or to both such fine and imprisonment and the provisions of articles 21 and 28A and thos e of the Probation Act shall not apply: Provided that where the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid number mo re than three the punishment shall be increased by one to three degrees: Provided also that where t he offence is committed - (a) as an activity o f a criminal org anization; or (b) while endangering the lives of the persons aided, assisted, counselled, proc ured or the object of the conspiracy as aforesaid, the punishment shall always be increased by two degrees even when the first proviso does not apply. (2) Without prejudice to the provisions of article 5, the courts in Malta shall also have jurisdiction over the offence in this article 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 in Malta within the meaning of article 5(1)( d); (c) the offence is committed for the benefit of a legal person established in Malta. Corporate criminal liability. Added by: VI.2005.4.