Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 382A

Official PDF on legislation.mt

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.

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