Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 382A
382A. (1) Without prejudice to its powers under the provisions
of the following articles of thi s Sub-title, where the court co nsiders
it expedient to do so for any of the purposes mentioned in arti cle
412C(1), it may, in passing jud gment against the accused, toget her
with any punishment to which it may sentence the offender, make
an order (hereinafter referred to as a "restraining order") whi ch
may give effect to any thing provided in sub-article (3) of the said
article 412C and the provisions of sub-articles (8) to (11) of the said
article 412C, both inclusive, shall mutatis mutandis apply.
(2) A restraining order shall re main in force for such period,
not exceeding three years, as sp ecified by the court which may
order that such period shall commence to run from the date of
expiration or remission of the punishment. The provisions of ar ticle
412C(6) shall mutatis mutandis also apply to a restraining order.
(3) If without reasonable excuse the offender contravenes any
prohibition or restriction imposed upon him by an order under t his
article, he shall be guilty of an offence and shall, on convict ion, be
liable to a fine ( multa ) of seven thousand euro (€7,000) or to
imprisonment not exceeding two (2) years or to both such fine a nd
imprisonment.
Power of court
to bind over
parties.
Amended by:
Xl.1900.64;
XII.1913.16;
XXII.1976.4;
XIII.1983.5;
XXIX.1990.18;
XX.2005.18;
L.N. 407 of
2007.
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.