Criminal Code (Cap. 9), article 5

5. (1) Saving any other special provision of this Code or of any other law conferring jurisdi ction upon the courts in Malta to try offences, a criminal action ma y be prosecuted in Malta - (a) against any person who commits an offence in Malta, or on the sea in any place within the territorial jurisdiction of Malta; (b) against any person who commits an offence on the sea beyond such limits on board any ship or vessel belonging to Malta; (c) against any person who commits an offence on board any aircraft while it is within the air space of Malta or on board any aircraft belonging to Malta wherever it may be; For the purposes of this paragraph the expression "air space" means the air space above the land areas and territorial wat ers of Malta; (d) without prejudice to the pr eceding paragraphs of this sub-article, against any cit izen of Malta or permanent resident in Malta who in any place or on board any ship or vessel or on board an y aircraft wherever it may be shall have become guilty of the offences mentioned in article 54A or of an offence against the safety of the Government or of the offences mentioned in articles 133, 139A, or of the offen ces mentioned in articles 188B, 188C, 188D, or of the offences mentioned in 8 CAP. 9.] CRIMINAL CODE articles 311 to 318 and in article 320 when these are committed or are directed a g a i n s t o r o n a s t a t e o r government facility, an infrastructure facility, a public place or a place accessible to the public, a public transportation system, or of forgery of any of the Government debentures referred to in article 166 or of any of the documents referred to in article 167, or of the offence mentioned in article 196, or of any other offence against the person of a citizen of Malta or of any permanent resident in Malta; For the purposes of this paragraph: Cap. 217. "permanent resident" means a person in favour of whom a permit of resid ence has been issued in accordance with the provision s contained in article 7 of the of the Immigration Act ; "offence against the person" includes the offences mentioned in articles 86 to 90 and in articles 198 to 205; the expressions "state or government facility", "infrastructure facility" and "public transportation system" shall have the same meaning assigned to them respectively by article 314A(4); (e) against any person who being in Malta - (i) shall have become guilty of any offence under article 87(2) or articles 198, 199, 211, 214 to 218, 220, 249 to 251, 311, 312, 314A, 314B, 314C, 316 or 317 when committed or directed on or against the person of a pro tected person or to the prejudice or injury of such person or likely to endanger the life or to cause serious injury to the p r o p e r t y , l i f e o r h e a l t h o f s u c h a p e r s o n , o r i n connection with an attack on any relevant premises or on any vehicle ordinarily used by a protected person or when a protected person is on or in the premises or vehicle; or (ii) shall have committed any act which if committed in Malta would constitute an offence and such act involved the use of a bomb, grenade, rocket, automat ic firearm, letter bomb or parcel bomb which endangered persons; or (iii) shall have committed any of the offences under articles 188B to 188D, although the offences referred to in this paragraph shall have been committed outside Malta: Provided that for the purposes of sub-paragraph (i) of this paragraph it shall be immaterial whether the offender knew that the person wa s a protected person; (f) against any person who - (i) commits any offence in premises or in a building outside Malta having diplomatic immunity due CRIMINAL CODE [CAP. 9. 9 to the fact that it is being used as an embassy, a residence or for such other purpose connected with the diplomatic service of Malta; or (ii) commits an offence in a place outside Malta when such person enjoys diplomatic immunity by virtue of such service; (g) against any person who being in Malta, shall be a principal or an accomplice in any of the crimes referred to in article 87(2), or in articles 139A, 198, 199, 211, 214 to 218, 220, 249 to 251, 298, or in articles 311 to 318 or in article 320 when these are committed in the circumstances mentioned in paragraph ( d) or ( e) of this sub-article, or in a crime which is committed by any act as is mentioned in paragraph ( e)(ii) of this sub-article, or conspires with one or more persons for the purpose of committing any of the said crimes, although the crimes shall have been committed outside Malta; (h) against any person in respect of whom an authority to proceed, or an order for his return, following a request by a country for his extradition from Malta, is not issued or made by the Minister responsible for justice on the ground that the said person is a Maltese citizen or that the offence for which his return was requested is subject to the death penalty in the country which made the request, even if there is no provision according to the laws of Mal ta other than the present provision in virtue of which the criminal action may be prosecuted in Malta against that person; (i) against any person who commits an offence which, by express provision of law, constitutes an offence even when committed outside Malta: Exception. Provided that no criminal acti on shall be prosecuted against the President of Malta in respect of acts done in the exercise of the functions of his office. (2) For the purposes of sub-article (1)( b) and (c), a ship or vessel or an aircraft shall be deemed to belong to Malta if it is registered in Malta or, if it is not registered anywhere, is ow ned wholly by persons habitually resident in Malta or by bodies corporate established under and s ubject to the laws of Malta an d having their principal pl ace of business in Malta. (3) For the purposes of sub-article (1)( e): "a protected person" means, in relation to an alleged offence, any of the following: (a) a person who at the time of the alleged offence is a Head of State, a member of a body which performs the functions of Head of State under the constitution of the State, a Head of Government or a Minister for Foreign Affairs and is outside the territory of the State in which he holds office; 10 CAP. 9.] CRIMINAL CODE (b) a person who at the time of the alleged offence is a representative or an official o f a State or an official or agent of an international organisation of an inter- governmental character, is entitled under international law to special protection from attack on his person, freedom or dignity and does not fall within the preceding paragraph; (c) a person who at the time of the alleged offence is a member of the family of another person mentioned in either of the precedin g paragraphs and - (i) if the other person is mentioned in paragraph ( a) above, is accompanying him, (ii) if the other person is mentioned in paragraph ( b) above, is a member of his household; "relevant premises" means premises at which a protected person resides or is staying or which a protected person uses for the purpose of carrying out his functions as such a person; and "vehicle" includes a ny means of conveyance; and if in any proceedings a quest ion arises as to whether a per son is or was a protected person, a cer tificate issued by or under the authority of the Minister respons ible for foreign affairs and s tating any fact relating to the questi on shall be conclusive evidence of that fact. Extension of applicability to exclusive economic zone area or environment protection area. Added by: XXXV .2023.3. Cap. 362. Cap. 625.