Criminal Code (Cap. 9), article 35

35. (1) Without prejudice to the powers of the Minister under the Children and Young Persons (Care Orders) Act and any other law which from time to time provides for measures of protection, he lp, care and education of minor persons who would have been identified as persons who have committed crimes or contraventions, a minor under fourteen years of age shall be ex empt from criminal responsibility for any act or omission. Powers of the court. (2) Nevertheless, in a case referred to in sub-article (1), the court may, on the application of the Police, require the parent or other person charged with the upbringing of the minor to appear before it, and, if the fact alleged to have been committed by t he minor is proved and is contemplated by the law as an offence, t he court may bind over the parent or other person to watch over th e conduct of the minor under penalty for non-compliance of a sum of not less than one hundred eur o (€100) and not exceeding two thousand euro (€2,000), regard being had to the means of the person bound over and to the gravity of the fact. (3) If the fact committed by the minor is contemplated by the law as an offence punishable with a fine ( ammenda ), the court may, in lieu of applying the provisions of sub-article (2), award th e punishment against the parent or other person charged with the upbringing of the minor, if the fact could have been avoided by his diligence. (4) For the purpose of the application of the provisions of the preceding sub-articles of this art icle, the parent or other per son charged with the upbringing of the minor as aforesaid, shall be required to appear, by summons, i n accordance with the provisio ns contained in Book Second of this Code. CRIMINAL CODE [CAP. 9. 33 Minors under fourteen but over nine years acting with discretion. Amended by: IV .1856.6,7; VI.1871.4; II.1886.7; XVI.1888.7; XI.1900.12. Substituted by: V .1956.10. Amended by: XVIII.1980.15. Substituted by: III.2002.17.