CHAPTER 9 CRIMINAL CODE - Justice
CRIMINAL CODE[CAP. 9.1CHAPTER 9CRIMINAL CODETo amend and consolidate the Penal Laws and the Laws of Criminal Procedure.10th June, 1854ORDER-IN-COUNCIL of the 30th of January, 1854, as amended by Ordinances: IV of1856, VIII and IX of 1857, X of 1858, IX of 1859, V of 1868, VI of 1871, IV of 1874, III of1877, I of 1879, III and VII of 1880, IV of 1882, III of 1885, II of 1886, IV and XVI of 1888,XIV of 1889, II of 1892, VIII of 1893, IV of 1894, III and X of 1896, IV of 1897; the Malta (Useof English Language in legal proceedings) Order-in-Council, 1899; Ordinances: III, VI, XIand XIII of 1899, XI, XII and XVI of 1900, VI and XVI of 1901, I of 1903, I and XII of 1904, XIof 1905, VIII of 1909, IV of 1910, IX of 1911, XII of 1913, II, VI and XII of 1914, IV of 1916,XIII and XIV of 1918; the Malta Constitution Letters Patent, 1921; Ordinance XVI of 1921;Acts: XII of 1922, I of 1924, XXVI of 1927, XVI of 1929; Ordinances: VI and VIII of 1930, XIIIand XXVI of 1931, XVI of 1932, VI of 1933; Acts: XXVIII, XXXV and XLI of 1933;Ordinances: XXII, XXX and XXXVII of 1934, IX and XIII of 1935, XIV and XX of 1936, III andXV of 1937, I, XXIV, XXVII and XXXV of 1938, I and VI of 1939, XXIX of 1940; GovernmentNotices Nos. 124 and 248 of 1941. Incorporating also Article 3 of Ordinance II of 1867,Ordinance IV of 1872, Article 30 of Ordinance VI of 1880 and Ordinance XXXVII of 1934.This Code was subsequently amended by Ordinances: VIII, XII and XXI of 1944, XXIV of1946, VI of 1947; Acts: X of 1949, IX of 1950, IV of 1951, V of 1956, XII of 1957; EmergencyOrdinance XX of 1959; Ordinances: XV of 1959, X of 1960, XXV of 1962; Legal Notice 4 of1963; Acts: XVI and XXIII of 1963, XIII of 1964, XIX and XXXII of 1965; Legal Notice 46 of1965; Acts: XXXI and XLIII of 1966, II, XXV and XXXI of 1967, XXVII of 1970, III and XXI of1971, XXXIII of 1972, II, III, XI, XV, XXXVIII and XLVI of 1973, IV, VIII, XXXV and LVIII of1974, XXIV, XXVII and XXXVII of 1975, III, XIV, XVIII, XIX and XXII of 1976, XI of 1977,XIII and XVIII of 1980, XLIX and LIII of 1981, IX of 1982, XIII and XIV of 1983, I of 1984,XXXII of 1986, XIII of 1987, XXII of 1988, XXIX of 1989, VIII and XXIX of 1990, XII of 1991,XIX of 1992, XXI of 1993, IV and XXIV of 1994, XXIV of 1995, XVI and XVII of 1996, XXXIIof 1997, II and X of 1998, VII of 1999, X of 2000, III and VI of 2001, III, XIII, XXIV and XXXIof 2002, IX of 2003, III of 2004, I, V, VI, XIII, XX and XXII of 2005, XVI of 2006; Legal Notice274 of 2007; Acts VI, XXIV and XXXI of 2007; Legal Notice 407 of 2007; Acts VIII of 2008, XIof 2009, VII and XXII of 2010, XXI of 2011 and VIII of 2012; Legal Notice 426 of 2012; ActsIV and XVIII of 2013; Legal Notice 246 of 2013; Acts I, II, III, IV, V, IX, XXIV, XXXI andXXXIV of 2014; Legal Notice 37 of 2015; and Acts II, III, VIII and XXXVII of 2015.
2CAP. 9.]CRIMINAL CODEARRANGEMENT OF CODEArticles12-6TitlePreliminary ProvisionsBOOK FIRSTPENAL LAWSPART IOF PUNISHMENTS AND G ENERAL RULES FOR THEIRAPPLICATION, OF THE W ILL AND A GE OF THEOFFENDER, OF ATTEMPTED OFFENCE, OFA CCOMPLICES AND OF RECIDIVISTSTitle ISub-title ISub-title IIOf Punishments and General Rules for their applicationOf Punishments to which Offences are subjectGeneral Provisions respecting the Infliction and Executionof PunishmentsOf the Ascent and Descent from one Punishment to anotherOf the Will and Age of the OffenderOf Attempted OffenceOf AccomplicesOf ConspiracyOf RecidivistsSub-title IIITitle IITitle IIITitle IVTitle IV BisTitle V7-327-1516-3031-3233-404142-4848A49-54PART IIOF C RIMES AND P UNISHMENTSTitle ITitle I BisTitle IITitle IIISub-title I§§Sub-title IISub-title IIISub-title IVSub-title V§§§§§§Of Genocide, Crimes against Humanity and War Crimes54A-54IOf Crimes against the Safety of the Government55-62Of Crimes against the Public Peace63-83AGeneral Provision applicable to Offences which areracially aggravated or motivated by Xenophobia83BOf Crimes against the Administration of Justice and otherPublic Administrations84-162Of the Usurpation of Public Authority and of the Powersthereof84-90Of the Usurpation of Functions84Of the Unlawful Assumption by Private Persons of Powersbelonging to Public Authority85-90Of Outrage and Violence against Public Officers91-99Of Calumnious Accusations, of Perjury and of Falseswearing100-111Of Abuse of Public Authority112-141Of Unlawful Exaction, of Extortion and of Bribery112-121EOf Abuses committed by Advocates and Legal Procurators 122-123Of Malversation by Public Officers and Servants124-127Of Abuses relating to Prisons128-130Of the Refusal of a Service lawfully due131-132Of Abuse of Authority, and of Breach of Duties pertainingto a Public Office133-140General Provision applicable to Public Officers141Of the Violation of Public Archives, Public Offices, PublicPlaces of Confinement, and Public Monuments142-162
CRIMINAL CODETitle IVTitle VSub-title ISub-title IITitle VITitle VIISub-title ISub-title IISub-title IIITitle IIIIIIVVSub-title VISub-title VIISub-title VIIISub-title VIIBisSub-title IXSub-title XTitle IXSub-title ISub-title IISub-title IIISub-title IVSub-title IV ASub-title IV BSub-title V[CAP. 9.3Articles§ Of the Breaking of Seals, and of the Purloining ofDocuments or Deposits from the Public Archives orother Public Offices142-150§ Of the Violation of Public Places of Confinement, of theEscape of Persons in Custody or Suspected orSentenced, and of the Harbouring of Offenders151-160§ Of the Violation of Public Monuments161-162Of Crimes against the Religious Sentiment163-165Of Crimes affecting Public Trust166-190Of Forgery of Papers, Stamps and Seals166-178Of Forgery of other Public or Private Writings179-188General Provisions applicable to this Title189-190Of Crimes against Public Trade191-195Of Bankruptcy Offences191-195Of Crimes affecting the Good Order of Families196-210Of Crimes relating to the Reciprocal Duties of theMembers of a Family196-197Of Crimes against the Peace and Honour of Families andagainst Morals198-209Of Crimes tending to Prevent or Destroy the Proof of theStatus of a Child210Of Crimes against the Person211-257Of' Wilful Homicide211-213Of Wilful Offences against the Person214-222AOf Justifiable Homicide or Bodily Harm223-224Of Involuntary Homicide or Bodily Harm225-226BOf Excuses for the Crimes referred to in the foregoing Subtitles of this Title227-238Of the Concealment of Homicide or Bodily Harm, and ofthe Concealment of Dead Bodies239-240Of Abortion, of the Administration or Supplying ofSubstances Poisonous or Injurious to Health,and of theSpreading of Disease241-244AOf Infanticide and of the Abandonment, Exposure and Illtreatment of Children245-248 BisOf the Traffic of Persons248A-248EOf Threats, Private Violence and Harassment249-251DOf Defamation, and of the Disclosing of Secret Matters252-257Of Crimes against Property and Public Safety261-337HOf Theft261-289§ Of Aggravated Theft261-283A§ Of Simple Theft284-288General Provision applicable to this Sub-title289Of other Offences relating to Unlawful Acquisition andPossession of Property290-292Of Fraud293-310COf Crimes against Public Safety, and of Injury to Property 311-328Of Acts of Terrorism, Funding of Terrorism and AncillaryOffences328A-328MOf Piracy328N-328OGeneral Provisions applicable to this Title329-337AAOf Computer Misuse337B-337HPART IIIO F CONTRAVENTIONS AND P UNISHMENTSTitle ISub-title ISub-title IIOf ContraventionsOf Contraventions affecting Public OrderOf Contraventions against the Person338-340338339
CAP. 9.]4Sub-title IIITitle IICRIMINAL CODEOf Contraventions against PropertyOf the Punishments for ContraventionsGeneral Provision340Articles341-344345BOOK SECONDLAWS OF CRIMINAL PROCEDUREPART IOF THE AUTHORITIES TO WHICH THEA DMINISTRATION OF CRIMINAL J USTICEIS E NTRUSTEDTitle titleSub-titleIIIIIIIVVVIVIISub-title VIIISub-title IXSub-title XSub-title XITitle IISub-title ISub-title IISub-title IIITitle IIITitle IVTitle VOf the Powers and Duties of the Executive Police inrespect of Criminal Prosecutions346-366General346-350Power to Stop and Search351-354Road Checks355-355DPowers of Entry, Search and Seizure under Warrant355E-355JPowers of Entry and Search without Warrant355K-355OSeizure and Retention355P-355UPowers of Arrest and L355ARRights of Persons Detained355AS355AUTaking of Samples, Fingerprinting and other Investigative 355AV-BCProceduresPowers and Duties of the Police in respect of CourtProceedings356-366Of the Court of Magistrates367-429Of the Court of Magistrates as Court of CriminalJudicature370-388Of the Court of Magistrates as Court of Criminal Inquiry389-409AGeneral Provisions applicable to the Court of Magistrates,whether as Court of Criminal Judicature or as Court ofCriminal Inquiry410-412DOf Appeals from Judgments of the Court of Magistrates asCourt of Criminal Judicature413-429Of the Attorney General430-435EOf the Criminal Court436-496The Court of Criminal Appeal497-515Provisions applicable to the Courts of Criminal Justice516-534PART IIO F MATTERS R ELATING TO CERTAIN MODESOF P ROCEDURE AND TO CERTAIN T RIALSTitle ITitle IITitle IIITitle IVTitle VOf Reports, Informations and ComplaintsOf Inquiries relating to the ''In genere'', Inquests and''Reperti''Of Counsel for the AccusedOf BailOf the Indictment535-545546-569570-573574-587588-602
CRIMINAL CODE[CAP. 9.5Title VIOf JurorsTitle VIIAllegation of Insanity and other Collateral Issues beforethe Criminal Court620-628Of Mutual Assistance in Criminal Matters628A-628BTitle VIII603-619ArticlesPART IIIOF MATTERS APPLICABLE TO ALL CRIMINAL T RIALSTitle ISub-title ISub-title IITitle IITitle IIITitle IVTitle VTitle VITitle VIITitle VIIIOf Witnesses and ExpertsOf WitnessesOf ExpertsOf ConfessionsOf Decisions and their ExecutionOf Property belonging to the Person Charged or Accused orto other Persons and connected with Criminal ProceedingsOf the Respect due to the CourtOf PrescriptionOf FeesGeneral ProvisionsSCHEDULESSchedule AFees payable to the Executive Police in Cases instituted onthe Complaint of the Injured Party.Schedule BFees payable in the Registry in Cases instituted on theComplaint of the Injured Party.Schedule CFees payable to Legal Practitioners before the Court ofMagistrates - Criminal Jurisdiction.Schedule 694695696-698
6CAP. 9.]Title.l.CRIMINAL CODEThe title of this Code is Criminal Code.PRELIMINARY PROVISIONSClassification ofoffences.Amended by:XI. 1900.1.Actions arisingfrom an offence.Amended by:VI.1871.1.2.Offences are divided into crimes and contraventions.3. (1)action.Every offence gives rise to a criminal action and a civil(2) The criminal action is prosecuted before the courts ofcriminal jurisdiction, and the punishment of the offender is therebydemanded.(3) The civil action is prosecuted before the courts of civiljurisdiction, and compensation for the damage caused by theoffence is thereby demanded.Nature of criminalaction.Amended by:L.N. 46 of 1965;LVIII. 1974.68;XXVII. 1975.2;III. 2002.2.4. (1) The criminal action is essentially a public action and isvested in the State and is prosecuted in the name of the Republic ofMalta, through the Executive Police or the Attorney General, as thecase may be, according to law.Prosecution.(2) A criminal action is prosecuted ex officio in all cases wherethe complaint of the private party is not requisite to set the action inmotion or where the law does not expressly leave the prosecutionof the action to a private party.Persons subject toprosecution.Amended II.1972.2;XI.1973.377;XXIV.1975.2;XXIX. 1990.2;XVII. 1996.19;III. 2002.3;XIII. 2002.10;XXIV. 2002.13;XXIV. 2014.3.5. (1) Saving any other special provision of this Code or ofany other law conferring jurisdiction upon the courts in Malta to tryoffences, a criminal action may be prosecuted in Malta (a) against any person who commits an offence in Malta,or on the sea in any place within the territorialjurisdiction of Malta;(b) against any person who commits an offence on the seabeyond such limits on board any ship or vesselbelonging to Malta;(c) against any person who commits an offence on boardany aircraft while it is within the air space of Malta oron board any aircraft belonging to Malta wherever itmay be;For the purposes of this paragraph the expression"air space" means the air space above the land areasand territorial waters of Malta;(d) without prejudice to the preceding paragraphs of thissubarticle, against any citizen of Malta or permanentresident in Malta who in any place or on board anyship or vessel or on board any aircraft wherever it maybe shall have become guilty of the offences mentionedin article 54A or of an offence against the safety of theGovernment or of the offences mentioned in articles133, 139A, or of the offences mentioned in articles 311to 318 and in article 320 when these are committed or
CRIMINAL CODE[CAP. 9.are directed against or on a state or governmentfacility, an infrastructure facility, a public place or aplace accessible to the public, a public transportationsystem, or of forgery of any of the Governmentdebentures referred to in article 166 or of any of thedocuments referred to in article 167, or of the offencementioned in article 196, or of any other offenceagainst the person of a citizen of Malta or of anypermanent resident in Malta;For the purposes of this paragraph:"permanent resident" means a person in favour ofwhom a permit of residence has been issued inaccordance with the provisions contained in article 7of the of the Immigration Act;"offence against the person" includes the offencesmentioned in articles 86 to 90 and in articles 211 to205;the expressions "state or government facility","infrastructure facility" and "public transportationsystem" shall have the same meaning assigned to themrespectively by article 314A(4);(e) against any person who being in Malta (i) shall have become guilty of any offence underarticle 87(2) or articles 198, 199, 211, 214 to 218,220, 249 to 251, 311, 312, 314A, 314B, 314C,316 or 317 when committed or directed on oragainst the person of a protected person or to theprejudice or injury of such person or likely toendanger the life or to cause serious injury to theproperty, life or health of such a person, or inconnection with an attack on any relevantpremises or on any vehicle ordinarily used by aprotected person or when a protected person ison or in the premises or vehicle; or(ii) shall have committed any act which ifcommitted in Malta would constitute an offenceand such act involved the use of a bomb,grenade, rocket, automatic firearm, letter bombor parcel bomb which endangered persons,although the offences referred to in this paragraphshall have been committed outside Malta:Provided that for the purposes of sub-paragraph (i) ofthis paragraph it shall be immaterial whether the offenderknew that the person was a protected person;(f) against any person who (i) commits any offence in premises or in a buildingoutside Malta having diplomatic immunity dueto the fact that it is being used as an embassy, aresidence or for such other purpose connectedwith the diplomatic service of Malta; orCap. 217.7
8CAP. 9.]CRIMINAL CODE(ii) commits an offence in a place outside Maltawhen such person enjoys diplomatic immunityby virtue of such service;(g) against any person who being in Malta, shall be aprincipal or an accomplice in any of the crimesreferred to in article 87(2), or in articles 139A, 198,199, 211, 214 to 218, 220, 249 to 251, 298, or inarticles 311 to 318 or in article 320 when these arecommitted in the circumstances mentioned inparagraph (d) or (e) of this subarticle, or in a crimewhich is committed by any act as is mentioned inparagraph (e)(ii) of this subarticle, or conspires withone or more persons for the purpose of committing anyof the said crimes, although the crimes shall have beencommitted outside Malta;(h) against any person in respect of whom an authority toproceed, or an order for his return, following a requestby a country for his extradition from Malta, is notissued or made by the Minister responsible for justiceon the ground that the said person is a Maltese citizenor that the offence for which his return was requestedis subject to the death penalty in the country whichmade the request, even if there is no provisionaccording to the laws of Malta other than the presentprovision in virtue of which the criminal action may beprosecuted in Malta against that person;(i) against any person who commits an offence which, byexpress provision of law, constitutes an offence evenwhen committed outside Malta:Exception.Provided that no criminal action shall be prosecuted againstthe President of Malta in respect of acts done in the exercise of thefunctions of his office.(2) For the purposes of subarticle (1)(b) and (c), a ship orvessel or an aircraft shall be deemed to belong to Malta if it isregistered in Malta or, if it is not registered anywhere, is ownedwholly by persons habitually resident in Malta or by bodiescorporate established under and subject to the laws of Malta andhaving their principal place of business in Malta.(3)For the purposes of subarticle (1)(e):"a protected person" means, in relation to an alleged offence,any of the following:(a) a person who at the time of the alleged offence is a Headof State, a member of a body which performs thefunctions of Head of State under the constitution of theState, a Head of Government or a Minister for ForeignAffairs and is outside the territory of the State inwhich he holds office;(b) a person who at the time of the alleged offence is arepresentative or an official of a State or an official oragent of an international organisation of an inter-
CRIMINAL CODE[CAP. 9.9governmental character, is entitled under internationallaw to special protection from attack on his person,freedom or dignity and does not fall within thepreceding paragraph;(c) a person who at the time of the alleged offence is amember of the family of another person mentioned ineither of the preceding paragraphs and (i) if the other person is mentioned in paragraph (a)above, is accompanying him,(ii) if the other person is mentioned in paragraph (b)above, is a member of his household;"relevant premises" means premises at which a protected personresides or is staying or which a protected person uses for thepurpose of carrying out his functions as such a person; and"vehicle" includes any means of conveyance;and if in any proceedings a question arises as to whether a person isor was a protected person, a certificate issued by or under theauthority of the Minister responsible for foreign affairs and statingany fact relating to the question shall be conclusive evidence of thatfact.6.The criminal action and the civil action are prosecutedindependently of one another.BOOK FIRSTPENAL LAWSPART IOF PUNISHMENTS AND GENERAL RULES FORTHEIR APPLICATION, OF THE WILL AND AGE OFTHE OFFENDER, OF ATTEMPTED OFFENCE,OF ACCOMPLICES AND OF RECIDIVISTSTitle IOF PUNISHMENTS AND GENERAL RULES FOR THEIRAPPLICATIONCriminal and civilactions areindependent ofeach other.
10CAP. 9.]CRIMINAL CODESub-title IOF P UNISHMENTS TO WHICH OFFENCES ARE SUBJECTPunishments towhich crimes andcontraventions aresubject.Amended 71.2;XLIX.1981.4;II. 2015.2.Punishmentrestrictive ofpersonal liberty.7. (1) Saving the exceptions laid down in the law, thepunishments that may be awarded for crimes are (a)(b)(c)(d)imprisonment;solitary confinement;interdiction;fine (multa).(2)Subject to the provisions of article 53 or of any others p e c i a l l a w, t h e p u n i s h m e n t s t h a t m a y b e a w a r d e d f o rcontraventions are (a) detention;(b) fine (ammenda);(c) reprimand or admonition.(3) The expression "punishments restrictive of personalliberty" includes t
CRIMINAL CODE [CAP. 9. 1 CHAPTER 9 CRIMINAL CODE To amend and consolidate the Penal Laws and the Laws of Criminal Procedure. 10th June, 1854 ORDER-IN-COUNCIL of the 30th of January, 1854, as amended by Ordinances: IV of 1856, VIII and IX of 1857, X of 1858, IX of 1859, V of 1868, VI of 1871, IV of 1874, III of 1877, I of 1879, III and VII
Part One: Heir of Ash Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18 Chapter 19 Chapter 20 Chapter 21 Chapter 22 Chapter 23 Chapter 24 Chapter 25 Chapter 26 Chapter 27 Chapter 28 Chapter 29 Chapter 30 .
TO KILL A MOCKINGBIRD. Contents Dedication Epigraph Part One Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8 Chapter 9 Chapter 10 Chapter 11 Part Two Chapter 12 Chapter 13 Chapter 14 Chapter 15 Chapter 16 Chapter 17 Chapter 18. Chapter 19 Chapter 20 Chapter 21 Chapter 22 Chapter 23 Chapter 24 Chapter 25 Chapter 26
US Department of Justice, World Factbook of Criminal Justice Systems, Bureau of Justice Statistics, Washington DC, 1993 MODULE 2 ASPECTS OF COMPARATIVE CRIMINAL POLICY. 6 Systems of Administration of Criminal Justice (Adversarial & Inquisitorial) . Perspectives on Criminal Justice Systems,
-Organized a panel on International Terrorism for criminal justice department, November 2012. -Advised junior students, from 2012 to present. -Member: Criminal Justice Faculty Search Committee 2013. Chair: Criminal Justice Methods Faculty Search Committee 2014. -Member: Criminal Justice General Faculty Search Committee 2014.
Criminal Justice - CJ CJ 493 Undergraduate Research in Criminal Justice Faculty-guided undergraduate research in criminal justice. CJ 494 Criminal Justice Practicum Observation, participation, and study in selected criminal justice agencies. Economics - EC EC 332 Monetary Policy Analysis for Fed Challenge
School of Criminal Justice Dis-tinguished Alumni Award from the University at Albany, State University of New York. The School of Criminal Justice has a well-regarded doctoral program in Criminal Justice. Professor Zalman is a graduate of this pro-gram. Each year, the School of Criminal Justice at the Univer-sity at Albany selects two alumni
3. Articulate and defend differing views on contemporary criminal justice issues. 4. Analyze the sources of political influence over Criminal Justice Policy 5. Use a range of resources to research a contemporary issue in criminal justice 6. Apply criminal justice research methods to current issues in criminal justice Course Textbook:
begin an analysis of the entire criminal justice system by focusing on various decision making points. The Framework for Evidence-Based Decision Making in Local Criminal Justice Systems is being relied upon as efforts are focused on a comprehensive approach to achieving a fair, effective and efficient criminal justice system in Dutchess County.
