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CRIMINAL CODE 

(excerpts)

 

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54C. (1) A crime against humanity is committed where any of the following acts is committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(c) enslavement;

(2) For the purpose of subarticle (1) -

(c) ''enslavement'' means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

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Sub-title VIII BIS

OF THE TRAFFIC OF PERSONS

248A. (1) Whosoever, by any means mentioned in subarticle
(2), traffics a person of age for the purpose of exploiting that
person in:
(a) the production of goods or provision of services; or
(b) slavery or practices similar to slavery; or
(c) servitude or forced labour; or
(d) activities associated with begging; or
(e) any other unlawful activities not specifically provided
for elsewhere under this sub-title,
shall, on conviction, be liable to the punishment of imprisonment from
four to twelve years.
For the purposes of this subarticle exploitation includes
requiring a person to produce goods and provide services under
conditions and in circumstances which infringe labour standards
governing working conditions, salaries and health and safety.
(2) The means referred to in subarticle (1) are the following:
(a) violence or threats, including abduction;
(b) deceit or fraud;
(c) misuse of authority, influence or pressure;
(d) the giving or receiving of payments or benefits to
achieve the consent of the person having control over
another person;
(e) abuse of power or of a position of vulnerability:
Provided that in this paragraph "position of vulnerability"
means a situation in which the person concerned has no
real or acceptable alternative but to submit to the abuse
involved.
(3) The consent of a victim of trafficking to the exploitation,
whether intended or actual, shall be irrelevant where any of the means set forth in sub-article (2) has been used.

248B. Whosoever, by any means mentioned in article 248A(2),
trafficks a person of age for the purpose of exploiting that person in
prostitution or in pornographic performances or in the production
of pornographic material or other forms of sexual exploitation shall,
on conviction, be liable to the punishment laid down in article
248A(1).

248C. (1) Whosoever, by any means mentioned in article
248A(2), trafficks a person of age for the purpose of exploiting that
person in the removal of any organ of the body shall on conviction
be liable to the punishment of imprisonment for a term from six to
twelve years.
(2) For purposes of this article, the removal of organs, tissues
and cells shall include the conduct referred to in article 248CA(1).

248CA. (1) Whosoever removes a human organ, tissue or cell
from living or deceased donors in any of the following
circumstances -
(a) where the removal is not performed under the Act with
the free, informed and specific consent of the living or
deceased donor, or, in the case of the deceased donor,
without the removal being authorised under the Act;
(b) where, in exchange for the removal of organs, tissues
or cells the living donor, or a third party, has been
offered or has received a financial gain or comparable
advantage;
(c) where, in exchange for the removal of organs, tissues
or cells from a deceased donor, a third party has been
offered or has received a financial gain or comparable
advantage,
shall be guilty of an offence and shall be liable on conviction to the
punishment of imprisonment for a term from six to twelve years.
(2) A person who does any of the following acts shall be guilty
of an offence against this article -
(a) makes use of illicitly removed organs, tissues or cells
as described in sub-article (1), for purposes of
implantation or other purposes than implantation;
(b) the implantation of human organs, tissues or cells from
living or deceased donors where the implantation is
not performed under the Act or where the implantation
is, in any manner, performed in breach of the Act;
(c) solicits or recruits an organ donor or a recipient for
financial gain or comparable advantage;
(d) prepares, preserves or stores illicitly removed human
organs, tissues or cells as described in sub-article (1);
(e) transports, transfers, receives, imports or exports
illicitly removed human organs, tissues or cells as
described in sub-article (1),
and shall be liable on conviction to the punishment laid down in
sub-article (1).
(3) The provisions of articles 115 and 121(3) shall, mutatis
mutandis, apply to an offence under this article.
(4) For purposes of this article -
"Act" means the Human Organs, Tissues and Cell Donation Act;"human organ" means a differentiated part of the human body,
formed by different tissues, that maintains its structure,
vascularisation and capacity to develop physiological functions
with a significant level of autonomy:
Provided that a part of an organ is also considered to be an
organ if its function is to be used for the same purpose as the entire
organ in the human body, maintaining the requirements of structure
and vascularisation;
"financial gain or comparable advantage" shall not include
compensation for loss of earnings and any other justifiable
expenses caused by the removal or by the related medical
examinations, or compensation in case of damage which is not
inherent to the removal of organs.

248D. Whosoever trafficks a minor for any of the purposes
mentioned in articles 248A to 248CA, both inclusive, shall, on
conviction be liable to the same punishment laid down in those
articles, as the case may be, even if none of the means mentioned in
article 248A(2) has been used:
Provided that where any of the means mentioned in article
248A(2) has been used in the commission of the offence under this
article the punishment for the offence shall be increased by one
degree.

248DA. Whosoever, for any purpose referred to in articles 248A
to 248CA, both inclusive, acting as an intermediary for the
adoption of a child improperly induces the consent of any person
whose consent is required for the adoption shall on conviction be
liable to the punishment laid down in article 248D.

248DB. Whosoever shall practice or engage in child labour for
any of the purposes mentioned in article 248A shall, on conviction,
be liable to the punishment established under article 248D.
For the purposes of this article child labour shall include
the coercion of a person under age into forced or compulsory
labour for any purpose whatsoever including the forced or
compulsory recruitment of minors to take part in armed conflict.

248E. (1) In this sub-title, the phrase "trafficks a person" or
"trafficks a minor" means the recruitment, transportation, sale or
transfer of a person, or of a minor, as the case may be, including
harbouring and subsequent reception and exchange or transfer of
control over that person, or minor, and includes any behaviour
which facilitates the entry into, transit through, residence in or exit
from the territory of any country for any of the purposes mentioned
in the preceding articles of this sub-title, as the case may be.
(2) Where any of the offences in articles 248A to 248D, both
inclusive -
(a) is accompanied by violence, or has resulted in harm to
the physical or psychological health of the victim; or(b) generates proceeds exceeding eleven thousand and six
hundred and forty-six euro and eighty-seven cents
(11,646.87); or
(c) is committed with the involvement of a criminal
organisation within the meaning of article 83A(1); or
(d) is committed by a public officer or servant in the
course of the exercise of his duties; or
(e) is committed against a vulnerable person within the
meaning of article article 208AC(2); or
(f) when the offender willfully or recklessly endangered
the life of the person trafficked; or
(g) when the offender has been previously convicted of an
offence under this article; or
(h) is committed by a member of the child’s family, a person
cohabiting with the child or a person who has abused a
recognised position of trust or authority,
the punishment otherwise due shall be increased by one degree.(3) The provisions of article 121D shall apply mutatis mutandis
to the offences under this sub-title, so however that the punishment
to which the body corporate shall be liable under this subarticle
shall be the payment of a fine (multa) of not less than twenty
thousand euro (€20,000) and not more than two million euro
(€2,000,000), which fine may be recovered as a civil debt and the
sentence of the Court shall constitute an executive title for all
intents and purposes of the Code of Organization and Civil
Procedure.
(4) Where the person found guilty of any of the offences under
this sub-title -
(a) was at the time of the commission of the offence an
employee or otherwise in the service of a body
corporate, and
(b) the commission of the offence was for the benefit, in
part or in whole, of that body corporate, and
(c) the commission of the offence was rendered possible
because of the lack of supervision or control by a
person referred to in article 121D,
the person found guilty as aforesaid shall be deemed to be vested
with the legal representation of the same body corporate which
shall be liable to the payment of a fine (multa) of not less than ten
thousand euro (€10,000) and not exceeding two million euro
(€2,000,000).
(4A) Whenever the offence is committed for the benefit, in part
or in whole, of a body corporate by a person who has the power of
representation of the body corporate, authority to take decisions on
behalf of the body corporate, or authority to exercise control of the
body corporate, the legal person may be subject to:(i) exclusion from entitlement to public benefits or
aid;(ii) the suspension or cancellation of any licence,
permit or other authority to engage in any trade,
business or other commercial activity;
(iii) placing under judicial supervision;
(iv) the compulsory winding up of the body
corporate; or
(v) the temporary or permanent closure of any
establishment which may have been used for the
commission of the offence.
(5) Without prejudice to the provisions of article 5, the Maltese
courts shall also have jurisdiction over the said offences where:
(a) only part of the action giving execution to the offence
took place in Malta; or
(b) the offender is a Maltese national or permanent
resident in Malta or the offence was committed for the
benefit of a body corporate registered in Malta; or
(c) the offence was committed against a Maltese national or
permanent resident in Malta.(6) The offences committed under this sub-title shall not be
liable to punishment if the offender was compelled thereto by
another person where the provisions of article 33(b) do not apply.(7) The provisions of article 14 of the Immigration Act shall
not apply until the lapse of thirty days from the date that the
Principal Immigration Officer has reasonable grounds to believe
that the person concerned is a victim of any of the offences under
this sub-title.(8) The provisions of articles 13 and 14 of the White Slave
Traffic (Suppression) Ordinance, shall, mutatis mutandis, apply.
(9) Notwithstanding any other provision of this Code or of any
other law, the period of prescription shall run from the day on
which the victim attains the age of majority.
(10) For the purposes of this article the phrase "permanent
resident" shall have the same meaning assigned to it by article
5(1)(d).

248F (1). Whosoever aids, abets or instigates any offence under
this sub-title shall be guilty of an offence and shall be liable on
conviction to the punishment laid down for the offence aided,
abetted or instigated.
(2) Any person who engages in or makes use of the services or
labour as referred to in articles 248A to 248D, both inclusive, in the
knowledge that the person providing the service has been trafficked
within the meaning of article 248E(1), shall be guilty of an offence
and liable, on conviction, to imprisonment for a term of eighteen
months to five years.

248G. The provisions of articles 21 and 28A of this Code and the
provisions of the Probation Act shall not apply in respect of any
person convicted of an offence under this sub-title.

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