Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 85

Official PDF on legislation.mt

85. (1) Whosoever, without intent to steal or to cause any wrongful damage, but only in the exercise of a pretended right, shall, of his own authority, comp el another person to pay a deb t, or to fulfil any obligation whatsoever, or shall disturb the posse ssion of anything enjoyed by another person, or demolish buildings, o r divert or take possession of any water-course, or in any other manner unlawfully interfere wit h the property of another person , shall, on conviction, be liable to imprisonment for a term from one to three months: Provided that the court may, at its discretion, in lieu of the above punishment, award a fine ( multa ): Provided further that it shall be a defence for the person accused of this offence to prove that such disturbance was done as a temporary measure imposed by actual necessity either in lawful self- defence or in the lawful d efence of another person: Provided further that in cases of arbitrary or forced evictions of an occupant from the property which he occupies as his prima ry residence, including any unpermitted entry into the property, r emoval of furniture, appliances or pe rsonal belongings from the proper ty, or the suspension or interruption of water and electricity service s, in whichever manner, including the installation of devices which e nable the owner to suspend the direct supply of water and electricity services 58 CAP. 9.] CRIMINAL CODE to the property, the fine (multa ) shall not be less than one thousand five hundred euro (€1,500) and not more than four thousand euro (€4,000). (2) The provisions of article 377(5) shall apply in the case of any conviction under sub-article (1) and when the conduct of th e offender has resulted in a person being despoiled the Court sha ll apply the provisions of that sub- article in order to ensure tha t the person despoiled is fully revest ed in the position before he wa s despoiled. Illegal arrest, detention or confinement. Amended by: XLIX.1981.4.

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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.