Criminal Code (Cap. 9), article 338

338. Every person is guilty of a contravention against public order, who - (a) without permission, cuts any grass in or about any fortification; (b) throws any building material or rubbish in any ditch or in the vicinity of any fortification; Amended by: IV .1856.18; XII.1904.48; XII.1913.9. (c) not being one of the persons referred to in article 62, in case of a tumult or other cal amity, or in the case of any flagrant offence or of a hu e and cry, refuses, without reasonable excuse, to give help, or refuses, when so required, to give informati on thereof, or gives false information or particulars, to any person entrusted with a public service in the actual exercise of his duties; (d) allows any insane person under his custody, whether furious or otherwise, to go about at large; (e) not being one of the persons referred to in article 62, is present at any attempt agains t the life or property of any person and fails to give information thereof to the Executive Police; (f) without permission keeps a public school; 204 CAP . 9.] CRIMINAL CODE Amended by: IV .1856.19; XII.1913.9. (g) refuses to give, or untruthfully gives to any public officer or any other person entrusted with a public service in the actual exercise of his duties, his name, surname, address and other particulars; Amended by: XII.1914.10; XXXII.1986.5. (h) Repealed by: X.1998 .52. Amended by: VIII.1909.31. (i) not possessing property of any kind, and having no other means of subsistence, fails to show that he has habitually endeavoured to engage in or exercise some art, trade or other occupation; (j) without being duly licensed, opens or keeps any place for public divine worship; (k) refuses to receive at the established value, any money lawfully current; (l) taking advantage of the credulity of others, for the purpose of gain, pretends to b e a diviner, fortune-teller or an interpreter of dreams; (m) at night time, disturbs the repose of the inhabitants by rowdiness or bawling, or in any other manner; (n) in any public place, wears any mask, or disguises himself, except at the time and in the manner allowed by law; Amended by: XV .1937.5. (o) without permission, or against the prohibition of the respective authorities, wears any civil, naval, military or air force uniform, or an y ecclesiastical habits or vestments; (p) leaves exposed in any street , open space, field, or other public place, any ladder, i ron bar, weapon, or other instrument, of which an improper use might be made by thieves or other wrong-doers, or which might cause any injury; Amended by: XLI.1933.1. (q) in the harbours, on the seashore or in any other public place, exposes himself naked or is indecen tly dressed; (r) in any street, or open space, quarrels or fights, although jestingly, to the annoyance or injury of passers-by; Amended by: IV .1856.20; XI.1905.15. (s) drives animals (whether o f burden or riding animals) over a drawbridge, with or without a vehicle, otherwise than at an amble; (t) engages in any conspiracy with persons of the same profession or business with the object of raising or lowering the price of any article, or the wages of labour, or of imposing conditions to the prejudice of the public, in matters relating to such profession or business; Amended by: XXVI.1927.1. (u) unlawfully tears or pulls down any public notice affixed by the authorities, or any poster or placard affixed in any public place or on any private property with the previous consent, express or implied, of the CRIMINAL CODE [CAP. 9. 205 owner, during election time, by any political party or person, containing the names of the candidates and appealing to citizens to vot e for such candidates, or covers up, wholly or in part, such poster or placard with any other poster or placard, or in any other manner covers up the print of such poster or placard: Provided that in any such public place no party or independent candidate may make use of a larger space than that made use of by any other party or independent candidate, having regard to the space available in such public p lace and to the number of such parties or independent candidates, and for such purpose the Police shall, by regulations to be published in the Gazette, fix the space to be thus made use of by any party or independent candidate and shall remove any poster or placard which may have been affixed in contravention of the said regulations by encroaching upon the s pace assigned to others; (v) causes any physician, surgeon, obstetrician, or clergyman, to attend on or visit any person whom he falsely represents to be sick; Amended by: XIII.1899.1; XIII.1918.11. (w) leads an idle an d vagrant life; Added by: XLIII.1966.2. (x) in any public place importunes any person to beg alms; Substituted by: XXI.1993.86. (y) being a parent or a spous e, leaves his children or spouse in want, whether in consequence of his or her disorderly living or indolence; Added by: XIV .1983.10. Substituted by: XXXII.1986.5; III.2002.73. Amended by: XVI.2006.7; XI.2009.9. (z) when so ordered by a court or so bound by contract fails to give to a person the sum fixed by that court or laid down in the contract as maintenance for that person, within fifteen days from the day on which, according to such order or c ontract, such sum should be paid: Provided that, notwithstanding any other provision of this Code, the crim inal action for an offence under this paragraph is barred by the lapse of six months: Provided further that where the offender is a recidivist in a contravention under this paragraph the offender shall be liable to the punishment of detention not exceeding three months or a fine ( multa ) not exceeding two hundred euro (€200) or imprisonment for a term not exceeding tw o (2) months; Added by: IX.1859.22. (aa) leaves his parents in want in consequence of his disorderly living or his indolence; Amended by: IX.1911.13. Substituted by: XXVII.1975.22. (bb) even though in a state of intoxication, publicly utters any obscene or indecent words, or makes obscene acts o r g e s t u r e s , o r i n a n y o t h e r m a n n e r n o t o t h e r w i s e provided for in this Code, offends against public morality, propriety or decency; 206 CAP . 9.] CRIMINAL CODE (cc) runs violently in any street or open space, with the risk of running into and injuring other persons; (dd) in any manner not otherwise provided for in this Code, wilfully disturbs the public good order or the public peace; Added by: IV .1856.21. Amended by: XII.1913.9. (ee) disobeys the lawful orders of any authority or of any person entrusted with a public service, or hinders or obstructs such person in the exercise of his duties, or otherwise unduly interferes with the exercise of such duties, either by preventing other persons from doing what they are lawfully enjoined or allowed to do, or frustrating or undoing what has been lawfully done by other persons, or in any other manner whatsoever, unless such disobedience or interference falls under any other provision of this Code or of any other law; Added by: III.1885.5. Amended by: IV .1888.1; XI.1905.15; VIII.1909.31. (ff) in any public place or place open to the public, is found drunk and incapable of taking care of himself; or in any public place or place open to the public, being in charge of a child under the age of seven years, or of any horse, mule or ox, or steam engine, or of any vehicle, is manifestly in a state of intoxication, or, being in such a state, causes any annoyance or disturbance, or is in possession of firearms, or refuses to quit any wine and spirit shop, inn, tavern or lodging-house, or attempts to enter any passenger boat or vessel or other vehicle, or refuses to quit such boat, vessel or other vehicle notwithstanding the warning of the person in charge thereof not to enter into or to quit such boat, vessel or other vehicle; Added by: I.1903.17. Amended by: VIII.1909.31; L.N. 4 of 1963. (gg) except in the cases special ly provided for in this Code or in any other law, performs any act without a licence from the competent authority, when such licence is required by any law or by any regulation made by the competent author ity thereunder; Added by: XII.1913.9. (hh) in any case not otherwise provided for in this Code or in any other law, with intent to mislead the authorities, lays before such authorities any genuine act, affidavit or certificate, falsely r epresenting the same as referring to himself, or to any other person; Added by: XII.1913.9. (ii) except as is allowed by law, and unless any other law provides for a higher punishment for the offence, makes or attempts to make or is in any way concerned in the making of any bet or wager including a bet or wager connected with any game, sport or event occurring in Malta or elsewh ere; or who is present in any place while such betting or wagering is taking place; Added by: XXXII.1986.5. (jj) in any place, importunes any person to advertise, or to make such person acquire, any service, product, property or property rights whatsoever; Added by: II.1967.2. (kk) being a person over fifteen years of age, uses at any children’s playground open to the public any playing CRIMINAL CODE [CAP. 9. 207 equipment or similar facilities therein; Added by: XXI.1993.86. Amended by: III.2002.73. (ll) when ordered by a court or bound by contract to allow access to a child in his or her custody, refuses without just cause to give such access; Added by: VII 2010.27. (mm) uses gas canons or any other equipment that works manually or automatically, to produce noises, mainly intended to keep away animals from fields or other open spaces: Provided that in such a case, besides awarding punishment, the Court shall also order the removal of the equipment. Sub-title II OF CONTRA VENTIONS AGAINST THE PERSON Contraventions against the person. Amended by: XXIX.2023.3.