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CAP. 9.]
CRIMINAL CODE
(3) Where the defence under subarticle (2) is established, then,
in a case falling under paragraph (a) thereof, the person charged
shall be discharged, and, in a case falling under paragraph (b), the
provisions of articles 620 to 623 and 625 to 628 shall apply.
(4) Intoxication shall be taken into account for the purpose of
determining whether the person charged had formed any intention
specific or otherwise, in the absence of which he would not be
guilty of the offence.
(5) For the purposes of this article "intoxication" shall be
deemed to include a state produced by narcotics or drugs.
Minors under
fourteen years of
age.
Amended by:
III.1899.10;
XI.1900.11;
XII.1913.1.
Substituted by:
V.1956.9.
Amended by:
XVIII.1980.15;
XIII. 1983.5;
XXIX. 1990.4;
L.N. 407 of 2007.
Substituted by:
III. 2014.2.
Cap. 285.
35. (1) Without prejudice to the powers of the Minister under the
Children and Young Persons (Care Orders) Act and any other law
which from time to time provides for measures of protection, help,
care and education of minor persons who would have been
identified as persons who have committed crimes or
contraventions, a minor under fourteen years of age shall be exempt
from criminal responsibility for any act or omission.
Powers of the
court.
(2) Nevertheless, in a case referred to in subarticle (1), the
court may, on the application of the Police, require the parent or
other person charged with the upbringing of the minor to appear
before it, and, if the fact alleged to have been committed by the
minor is proved and is contemplated by the law as an offence, the
court may bind over the parent or other person to watch over the
conduct of the minor under penalty for non-compliance of a sum of
not less than one hundred euro (€100) and not exceeding two
thousand euro (2,000), regard being had to the means of the person
bound over and to the gravity of the fact.
(3) If the fact committed by the minor is contemplated by the
law as an offence punishable with a fine (ammenda), the court may,
in lieu of applying the provisions of subarticle (2), award the
punishment against the parent or other person charged with the
upbringing of the minor, if the fact could have been avoided by his
diligence.
(4) For the purpose of the application of the provisions of the
preceding subarticles of this article, the parent or other person
charged with the upbringing of the minor as aforesaid, shall be
required to appear, by summons, in accordance with the provisions
contained in Book Second of this Code.