Criminal Code of the Republic of Malta (1854, amended 2018) (excerpts)

CRIMINAL CODE

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Sub-title IV A*
OF ACTS OF TERRORISM, FUNDING OF TERRORISM AND
ANCILLARY OFFENCES

328A.(1) For the purposes of this sub-title, "act of terrorism"
means any act listed in sub-article (2), committed wilfully, which
may seriously damage a country or an international organization
where committed with the aim of:
(a) seriously intimidating a population, or
(b) unduly compelling a Government or international
organization to perform or abstain from performing
any act, or
(c) seriously destabilising or destroying the fundamental
political, constitutional, economic or social structures
of a country or an international organization.
(2) The acts to which reference is made in sub-article (1) are
the following:
(a) taking away of the life or liberty of a person;
(b) endangering the life of a person by bodily harm;
(c) bodily harm;
(d) causing extensive destruction to a state or government
facility, a public transportation system, an
infrastructure facility, including an information
system, a fixed platform located on the continental
shelf, a public place or private property likely to
endanger the life or to cause serious injury to the
property of any other person or to result in serious
economic loss;
(e) seizure of aircraft, ships or other means of public or
goods transport;
(f) manufacture, possession, acquisition, transport, supply
or use of weapons, explosives or of nuclear, biological
or chemical weapons;
(g) research into or development of biological and
chemical weapons;
(h) release of dangerous substances, or causing fires,
floods or explosions endangering the life of any
person;
(i) interfering with or disrupting the supply of water,
power or any other fundamental natural resource
endangering the life of any person;
(j) threatening to commit any of the acts in paragraphs (a)
to (i):
Provided that in this sub-article "state or government
facility", "infrastructure facility" and "public transportation
system" shall have the same meaning assigned to them in article
314A(4).
(3) Whosoever commits an act of terrorism shall be guilty of an
offence and shall be liable on conviction to the punishment of
imprisonment from seven years to life.
(4) For the purposes of this sub-title, "terrorist activities"
means any of the following acts, whenever or wherever carried out:
(a) an act of terrorism as defined in sub-article (1);
(b) the unlawful seizure or the exercise of control of an
aircraft in flight, by the use of force or threat thereof,
or by any other form of intimidation;
(c) the unlawful and intentional commission of any of the
following acts:
(i) an act of violence against a person on board an
aircraft in flight, which is likely to endanger the
safety of that aircraft;
(ii) the destruction of an aircraft in service or the
causing of damage to such an aircraft, which
renders it incapable of flight or which is likely to
endanger its safety in flight;
(iii) the placing or the causing to be placed on an
aircraft in service, by any means whatsoever, of
a device or substance which is likely to destroy
that aircraft, or to cause damage to it which
renders it incapable of flight or which is likely to
endanger its safety in flight;
(iv) the destruction or the damaging of air navigation
facilities, or the interference with their
operation, where such an act is likely to
endanger the safety of an aircraft in flight;
(v) the communication of information which is
known to be false, thereby endangering the
safety of an aircraft in flight;
(d) the intentional commission of any of the following
acts:
(i) the taking away of the life or liberty of, or the
causing of bodily harm to, an internationally
protected person;
(ii) the carrying out of a violent attack upon the
official premises, the private accommodation or
the means of transport of an internationally
protected person likely to endanger his person or
liberty;
(iii) a threat to commit any of the acts mentioned in
sub-paragraphs (i) and (ii);
(e) the seizure or detention and the threat to take away the
life, to cause bodily harm or to continue to detain
another person (the "hostage") in order to compel a
State, an international intergovernmental organisation,
a natural or juridical person or a group of persons, to
do or to abstain from doing any act as an explicit or
implicit condition for the release of the hostage;
(f) the unlawful and intentional commission of any of the
following acts, using any device, substance or weapon:
(i) the performance of an act of violence against
any person at an airport serving international
civil aviation, which causes or is likely to cause
serious injury or death, where any such act
endangers or is likely to endanger safety at that
airport; or
(ii) the destruction or the serious damaging of the
facilities of an airport serving international civil
aviation or an aircraft not in service located
thereon, or the disruption of the services of such
an airport, where any such act endangers or is
likely to endanger safety at that airport;
(g) an attempt to perform any of the acts referred to in
paragraphs (b) to (f) or the participation as an
accomplice in the performance or attempt thereof;
(h) the intentional commission of any of the following
acts:
(i) the receipt, possession, use, transfer, alteration,
disposal or dispersal of nuclear material, without
lawful authority, which causes or is likely to
cause death or serious injury to any person or
substantial damage to property;
(ii) the theft or fraudulent obtaining of nuclear
material;
(iii) the demand for nuclear material by threat or use
of force, or by any other form of intimidation;
(iv) the threat to use nuclear material to cause death
or serious injury to any person or substantial
damage to property, or the threat to commit theft
of nuclear material in order to compel a natural
or legal person, international organisation or
State to do or to refrain from doing any act;
(v) an attempt to commit any of the acts mentioned
in sub-paragraphs (i) and (ii) or the participation
as an accomplice in any of the acts mentioned in
sub-paragraphs (i) to (iv) or any attempt thereof;
(i) the unlawful and intentional commission of any of the
following acts:
(i) the unlawful seizure or the exercise of control
over a ship or fixed platform by the use of force
or threat thereof, or by any other form of
intimidation;
(ii) the performance of an act of violence against a
person on board a ship or a fixed platform,
which is likely to endanger the safe navigation
of that ship or the safety of that fixed platform;
(iii) the destruction of a ship or a fixed platform or
the causing of damage to a ship or its cargo, or a
fixed platform which is likely to endanger the
safe navigation of that ship, or the safety of that
fixed platform;
(iv) the placing or the causing to be placed on a ship,
by any means whatsoever, a device or substance
which is likely to destroy that ship or to cause
damage to such ship or to its cargo, which
endangers or is likely to endanger the safe
navigation of that ship;
(v) the placing or the causing to be placed on a fixed
platform, by any means whatsoever, a device or
substance which is likely to destroy that fixed
platform or likely to endanger its safety;
(vi) the destruction or the causing of serious damage
to maritime navigational facilities or the serious
interference with their operation, where such act
is likely to endanger the safe navigation of a
ship;
(vii) the communication of information which is
known to be false, thereby endangering the safe
navigation of a ship;
(viii) the causing of bodily harm or the taking away of
the life of a person in connection with the
commission or attempted commission of any of
the acts mentioned in sub-paragraphs (i) to (vii);
(j) an attempt to commit any of the acts referred to in
paragraph (i), the participation as an accomplice in the
commission thereof or the abetting in the commission
of such acts perpetrated by another person;
(k) the use of threats aimed at compelling a person to do
or to refrain from doing any act referred to in subparagraphs
(ii), (iii) and (vi) of paragraph (i), where
such a threat is likely to endanger the safe navigation
of the ship or the safety of the fixed platform;
(l) the unlawful and intentional delivery, placing,
discharge or detonation of an explosive or other lethal
device in, into or against a place of public use, a State
or government facility, a public transportation system
or an infrastructure facility with the intent to cause
death or serious bodily harm, or with the intent to
cause extensive destruction of such a place, facility or
system, where the destruction results in or is likely to
result in major economic loss;
(m) an attempt to commit any of the acts mentioned in
paragraph (l) or the participation as an accomplice in
the performance or attempt thereof;
(n) the organisation or direction of others to commit or to
attempt to commit the acts mentioned in paragraph (l);
(o) the contribution in any way to the commission of any
of the acts mentioned in paragraph (l) or to the attempt
thereof by a group of persons acting with a common
purpose, where such contribution is intentional and is
either made with the intent to further the general
criminal activity or purpose of the group or in the
knowledge of the intention of the group to commit any
of the acts mentioned in paragraph (l);
(p) any act intended to cause death or serious bodily harm
to a civilian, or to any other person not taking an
active part in the hostilities in a situation of armed
conflict, when the purpose of such act, by its nature or
context, is to intimidate a population, or to compel a
government or an international organisation to do or to
abstain from doing any act.

328B.(1) For the purpose of this sub-title "terrorist group"
means a structured group of more than two persons, established
over a period of time and acting in concert to commit terrorist
activities.
(2) In sub-article (1) "structured group" means a group that is
not randomly formed for the immediate commission of an offence
and that does not need to have formally defined roles for its
members, continuity of its membership or a developed structure.
(3) Whosoever promotes, constitutes, organises, directs,
supplies information or materials to, or by any means, directly or
indirectly, collects, receives, provides or invites another person to
provide money or other property for, or otherwise finances a
terrorist group knowing that such participation, involvement or
financing will contribute towards the activities, whether criminal or
otherwise, of the terrorist group shall be liable -
(a) where the said participation or involvement consists in
directing the terrorist group, to the punishment of
imprisonment not exceeding thirty years:
Provided that where the activity of the terrorist group
consists only of the acts mentioned in article
328A(2)(j) the punishment shall be that of
imprisonment for a period not exceeding eight years;
(b) in any other case, to the punishment of imprisonment
not exceeding eight years.

328C. (1) Whosoever, with the intention of committing any of
the acts listed in article 328A(2)(a) to (i) or in article 328B -
(a) commits an offence of theft aggravated as provided in
article 261; or
(b) commits the offence in article 113 or 250; or
(c) commits an offence of forgery or the offence in article
188,
shall be liable to the same punishment laid down in article 328A(3).
(2) Whosoever, knowingly -
(a) publicly provokes the commission of terrorist
activities;
(b) recruits or solicits another person to commit terrorist
activities or to travel for purposes mentioned in
paragraph (d);
(c) trains or instructs another person in the making or use
of explosives, firearms or other weapons or noxious or
hazardous substances, or in other specific methods or
techniques, for the purpose of committing terrorist
activities;
(d) travels or attempts to travel for the purpose of the
perpetration, planning, or preparation of, or
participation in, terrorist activities, or the providing or
receiving of training in terrorist activities;
(e) finances, organizes or in any other manner facilitates
travel for the purposes mentioned in paragraph (d);
(f) produces, distributes, disseminates, imports, exports,
offers, sells, supplies, transmits, makes available,
procures for oneself or for another, or shows a
publication likely to encourage or induce the
commission of terrorist activities or to be useful in the
commission of such activities,
shall be liable to the same punishment laid down in article 328A(3).
(3) Whosoever -
(a) organizes or directs others to commit an offence under
sub-article (2); or
(b) in any other way knowingly contributes to the
commission of one or more of the offences under subarticle
(2), by a group of persons acting with a
common purpose when such contribution is made with
the aim of furthering the general criminal activity or
purpose of the group or in the knowledge of the
intention of the group to commit the offence or
offences concerned,
shall be liable to the punishment of imprisonment of four to thirty
years.
(4) For the commission of an offence under this article it shall
not be necessary that terrorist activities be actually committed.

328D. Whosoever incites, aids or abets any offence under the
aforegoing articles of this sub-title shall be guilty of an offence and
shall be liable on conviction to the punishment laid down for the
offence incited, aided or abetted.

328E.(1) In this sub-title, "terrorist property" means -
(a) money or other property which is likely to be used for
the purposes of terrorist activities, including any
resources of a terrorist group,
(b) proceeds of the commission of terrorist activities, and
(c) proceeds of acts carried out for the purposes of
terrorist activities.
(2) In sub-article (1) -
(a) a reference to proceeds of an act includes a reference
to any property which wholly or partly, and directly or
indirectly, represents the proceeds of the act (including
payments or other rewards in connection with its
commission), and
(b) the reference to a group’s resources includes a
reference to any money or other property which is
applied or made available, or is to be applied or made
available, for use by the group.

328F. (1) Whosoever by any means, directly or indirectly,
collects, receives, provides or invites another person to provide,
money or other property or otherwise provides finance intending it
to be used, or which he has reasonable cause to suspect that it may
be used, in full or in part, for the purposes of terrorist activities or
knowing that it will contribute towards the activities, whether
criminal or otherwise, of any person involved in terrorist activities
shall, on conviction, and unless the fact constitutes a more serious
offence under any other provision of this Code or of any other law,
be liable to the punishment of imprisonment for a term not
exceeding four years or to a fine (multa) not exceeding eleven
thousand and six hundred and forty-six euro and eighty-seven cents
(€11,646.87) or to both such fine and imprisonment.
(2) In this article a reference to the provision of money or other
property is a reference to its being given, lent or otherwise made
available, whether for consideration or not.


328G.(1) Whosoever uses money or other property for the
purposes of terrorist activities shall, on conviction, be liable to the
punishment of imprisonment not exceeding twelve years.
(2) Whosoever is in possession of money or other property
intending it to be used, or having reasonable cause to suspect that it
may be used, for the purposes of terrorist activities shall, on
conviction, be liable to the punishment laid down in article
328F(1).

328H. Whosoever -
(a) enters into or becomes concerned in an arrangement as
a result of which money or other property is made
available or is to be made available to another, and
(b) knows or has reasonable cause to suspect that the
money or other property will or may be used for the
purposes of terrorist activities,
shall on conviction be liable to the punishment laid down in article
328F(1).

328I. (1) Whosoever enters into or becomes concerned in an
arrangement which facilitates the retention or control by or on
behalf of another person of terrorist property -
(a) by concealment,
(b) by removal from the jurisdiction,
(c) by transfer to nominees, or
(d) in any other way,
shall, on conviction, be liable to the punishment laid down in
article 328F(1).
(2) It is a defence for a person charged with an offence under
sub-article (1) to prove that he did not know and had no reasonable
cause to suspect that the arrangement related to terrorist property

328J. (1) The provisions of article 121D shall apply where a
person is found guilty of an offence under this subtitle sohowever
that the body corporate shall for such offence be liable to the
punishment of a fine (multa) of not less than eleven thousand and six
hundred and forty-six euro and eighty-seven cents (11,646.87) and not
more than two million and three hundred and twenty-nine thousand
and three hundred and seventy-three euro and forty cents
(2,329,373.40).
(2) The body corporate shall also be held liable for an offence
under this sub-title where the lack of supervision or control by a
person referred to in articl e 121D has made possible the
commission of the offence for the benefit of the body corporate,
which shall upon conviction be liable to the punishment laid down
in sub-article (1).

328K. Without prejudice to any other punishment to which the
offence may be liable under this Code or any other law, where the
offender is a body corporate liable to punishment under the
provisions of article 328J the Court may, at the request of the
prosecution, order -
(a) the suspension or cancellation of any licence, permit
or other authority to engage in any trade, business or
other commercial activity;
(b) the temporary or permanent closure of any
establishment which may have been used for the
commission of the offence;
(c) the compulsory winding up of the body corporate.

328L.(1) The court by or before which a person is convicted of
an offence under any of articles 328F to 328I may make a forfeiture
order in accordance with the provisions of this article.
(2) Where a person is convicted of an offence under articles
328F or 328G the court may order the forfeiture of any money or
other property -
(a) which, at the time of the offence, he had in his
possession or under his control and,
(b) which, at that time, he intended should be used, or
which he knew or had reasonable cause to suspect
would or might be used, for the purposes of terrorist
activities.
(3) Where a person is convicted of an offence under article
328H the court may order the forfeiture of the money or other
property -
(a) to which the arrangement in question related, and
(b) which, at the time of the offence, he knew or had
reasonable cause to suspect would or might be used,
for the purposes of terrorist activities.
(4) Where a person is convicted of an offence under article
328I the court may order the forfeiture of the money or other
property to which the arrangement in question related.
(5) Where a person is convicted of an offence under any of
articles 328F to 328I, the court may order the forfeiture of any
money or other property which wholly or partly, and directly or
indirectly, is received by any person as a payment or other reward
in connection with the commission of the offence.
(6) Where a person other than the convicted person claims to
be the owner of, or otherwise interested in, anything which can be
forfeited by an order under this article, the court shall give him an
opportunity to be heard before making an order.

328M. Without prejudice to the provisions of article 5, the courts
in Malta shall also have jurisdiction over the offences laid down in
this sub-title where -
(a) the offence is committed even if only in part in the
territory of Malta or on the sea in any place within the
territorial jurisdiction of Malta;
(b) the offender is a Maltese national or permanent
resident within the meaning of article 5(1)(d) in Malta;
(c) the offender is a person suspected or convicted of an
offence laid down in this sub-title and whose surrender
or extradition to another country for such an offence is
refused by Malta even if there is no provision
according to the laws of Malta other than the present
provision in virtue of which the criminal action may be
prosecuted in Malta against that person;
(d) the offence is committed for the benefit of a legal
person established in Malta;
(e) the offence is an offence under article 328B or an
offence under article 328D which involves a terrorist
group even if the terrorist group is based or pursues its
criminal activities outside Malta;
(f) the offence is committed against the institutions or
people of Malta or against an institution of the
European Union or a body set up in accordance with
the Treaties and based in Malta:
Provided that for the purposes of this paragraph:
"the European Union" shall have the same
meaning assigned to it by article 2(1) of the
European Union Act;
"the Treaties" means the Treaty establishing the
European Community done at Rome on the 25th
March, 1957 and the Treaty on European Union
done at Maastricht on the 7th February, 1992,
and the Protocols annexed thereto.

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