Criminal Code (Cap. 9), article 83A

83A. (1) Any person who - (a) promotes, constitutes, organises or finances an organization with a view to commit criminal offences liable to the punishment of imprisonment for a term of four years or more; or (b) knowing or having reasonable cause to suspect the aim or general activity of th e organization set up for the purpose mentioned in paragraph ( a), actively takes part in the organisation’s criminal activities, including but not limited to the provision of information or material means or the recruitment of new members, shall be guilty of an offence and shall liable, on conviction, to the punishment of imprisonment for a term from four to nine years. (2) Any person who belongs to an organisation referred to in sub-article (1) shall for that m ere fact be liable to the punis hment of imprisonment for a term from two to seven years. (3) Where the number of persons in the organisation is ten or more the punishment in the p receding sub-articles shall be increased form one to two degrees. (4) Where the person found guilty of an offence under this title is the director, manager, secreta ry or other principal officer of a body corporate or is a person having a power of representation of such a body or having an authority to take decisions on behalf of that body or having authority to exercise control within that b ody and the offence of which that person was found guilty was committed for the benefit, in part or in whole, of that body corporate, the said person shall for the purposes of this title be deemed to be vested with the leg al representation of the same b ody corporate which shall be liable as follows: (a) where the offence of which the person was found guilty is the offence in sub-article (1), to the payment of a fine ( multa) of not less than thirty-four thousand and nine hundred and forty euro and sixty cents (€34,940.60) and not more than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67); (b) where the offence of which the person was found guilty is the offence in sub-article (2), to the payment of a fine ( multa) of not less than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) and not more than sixty-nine thousand and eight hundred and eighty-one euro and twenty cents (€69,881.20); (c) where the offence of which the person was found guilty is punishable as provided in sub-article (3) of this article - (i) where the offence is that provided in sub-article (1), to the punishment of a fine ( multa) of not less than forty-six thousand and five hundred and eighty-seven euro and forty-seven cents 56 CAP. 9.] CRIMINAL CODE (€46,587.47) and not more than one million and one hundred and sixty-four thousand and six hundred and eighty-six euro and seventy cents (€1,164,686.70); (ii) where the offence is that provided in sub-article (2), to the punishment of a fine ( multa) of not less than thirty-four thousand and nine hundred and forty euro and sixty cents (€34,940.60) and not more than one hundred and sixteen thousand and four hundred and sixty-eight euro and sixty-seven cents (€116,468.67). (5) The criminal action for an offence against the provisions of this article may be prosecuted in Malta notwithstanding that th e organization of persons is based or pursues its criminal activi ties outside Malta. Amended by: XXIV .2014.18; LXV .2021.4. GENERAL PROVISION APPLICABLE TO OFFENCES WHICH ARE RACIALLY OR DISABILITY OR AGE AGGRA V ATED OR MOTIV ATED BY XENOPHOBIA OR HOMOPHOBIA General provision. Added by: XI.2009.4. Amended by: VIII.2012.4; XXIV .2014.19; LXV .2021.5.