Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 54F
54F. (1) References in this Part to a person committing -
(a) genocide,
(b) a crime against humanity, or
(c)a w a r c r i m e ,
shall be construed in acco rdance with t his article.
(2) Unless otherwise provided by -
(a) the articles mentioned in the definition in article
54A(1) of the crimes specified in sub-article (1)( a) to
(c) of this article, or in any relevant Elements of
Crimes referred to in article 54A(3),
(b) article 54E,
a person is regarded as committing a crime referred to in sub-a rticle
(1) only if the material elements of the crime are committed wi th
intent and knowledge.
(3) For this purpose -
(a) a person has intent -
(i) in relation to conduct, where he means to engage
in the conduct, and
(ii) in relation to a consequence, where he means to
cause the consequence or is aware that it will
occur in the ordinary course of events, and
(b) ''knowledge'' means awareness that a circumstance
exists or a consequence w i l l o c c u r i n t h e o r d i n a r y
course of events.
(4) In interpreting and applying the provisions of this article
(which corresponds to article 30 of the ICC Treaty ) the court shall
take into account any relevant ju dgment or decision of the ICC and
may also take into account any o ther relevant international
jurisprudence.
Jurisdiction.
Added by:
XXIV .2002.13;
VIII.2015.4.
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.