Criminal Code (Cap. 9)

Criminal Code (Cap. 9), article 87

Official PDF on legislation.mt

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.

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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.