Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 87
87. (1) The punishment for the crime referred to in the last
preceding article, shall be impr isonment for a term from thirte en
(13) months to six (6) years if any one or more of the followin g
circumstances results:
(a) if the detention or confinement continues for more
than twenty days;
(b) if the arrest is effected with the unauthorized use of a
uniform, or under an assumed name, or under a
warrant falsely purporting to be issued by a public
authority;
(c) if the individual arrested, detained or confined, is
subjected to any bodily harm, or is threatened with
death;
(d) if the detention or confinement is continued by the
offender notwithstanding his knowledge that a writ or
warrant for the release or delivery of the person
detained or confined has been issued by the competent
authority;
(e) if the crime is committed w ith the object of extorting
money or effects, or of compelling any other person to
agree to any transfer of property belonging to such
person;
(f) if the crime is committed for the purpose of forcing
another person to do or to omit an act, which, if
voluntarily done or omitted, would be a crime;
(g) if the crime is committed as a means of compelling a
person to do an act or to submit to treatment injurious
to the modesty of that person’s sex;
(h) if the crime is committed on the person of the father,
mother or on any person mentioned in article 202( h).
(2) Where a person who commits the crime referred to in the
CRIMINAL CODE [CAP. 9. 59
last preceding article threatens to kill, to injure or to conti nue to
detain or confine the person arrested, detained or confined, wi th the
object of compelling a state, an international governmental
organisation or person to do or to abstain from doing an act he shall
be liable to the punishment of imprisonment from seven years to life.
Punishment for
illegal arrest,
etc.,
accompanied
with bodily
harm. 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.