Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 85
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.
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.