60
CAP. 9.]
CRIMINAL CODE
Subornation or
attempted
subornation of
witness, referee or
interpreter.
Amended by:
XI. 1900.20;
III. 2002.22;
XXXI. 2007.7.
102. Whosoever, in any civil or criminal proceedings, suborns
a witness, a referee, or an interpreter, to give false evidence or to
make a false report or a false interpretation, shall, on conviction, be
liable -
Preparation or
production of false
documents.
103. Whosoever, in any civil or criminal proceedings, shall
cause a false document to be prepared or shall knowingly produce a
false document, shall be liable to the same punishment as the forger
thereof.
Perjury in certain
criminal trials.
Amended by:
VIII.1909.6;
XXI. 1971.12;
XLIX. 1981.4;
XIV. 1983.2;
III. 2002.23;
XVI. 2006.3.
104. (1) Whosoever shall give false evidence in any criminal
proceedings for a crime liable to a punishment higher than the
punishment of imprisonment for a term of two years, either against
or in favour of the person charged or accused, shall, on conviction,
be liable to imprisonment for a term from two to five years.
Perjury in other
criminal trials.
Amended by:
IX. 1859.9;
XLIX. 1981.4;
III. 2002.24.
105. Whosoever shall give false evidence in any criminal
proceedings for an offence not referred to in the last preceding
article, either against or in favour of the person charged or accused,
shall, on conviction, be liable to imprisonment for a term from nine
months to two years.
Perjury in civil
proceedings.
Amended by:
XII.1914.7;
XLIX. 1981.4;
III. 2002.25.
106. (1) Whosoever shall give false evidence in civil matters,
shall, on conviction, be liable to imprisonment for a term from
seven months to two years.
(a) where the false evidence, report or interpretation has
been given or made, to the punishment to which a
person giving false evidence would be liable;
(b) where there has only been an attempt of subornation of
a witness, a referee, or an interpreter, to the same
punishment decreased by one or two degrees;
(c) where the subornation has been committed by the use
of force, threats, intimidation or by promising,
offering or giving of an undue advantage to induce
false testimony, to the punishment mentioned in
paragraph (a) increased by one or two degrees.
(2) Where, however, the person accused shall have been
sentenced to a punishment higher than that of imprisonment for a
term of five years, the witness who shall have given false evidence
against such person in the trial, or of whose evidence use shall have
been made against such person in the trial, shall be liable to such
higher punishment.
(2) The provisions of subarticle (1) shall apply to any person
who, being a party to a civil action, shall make a false oath.
(3) Whosoever shall make a false affidavit, whether in Malta or
outside Malta, knowing that such affidavit is required or intended
for any civil proceedings in Malta, shall, on conviction, be liable to
the punishment mentioned in subarticle (1).
Perjury by referee
or interpreter.
107. (1) Any referee who, in any civil or criminal proceedings,
shall knowingly certify false facts, or maliciously give a false
opinion, shall, on conviction, be liable to the punishment to which a
false witness is liable under the preceding articles of this sub-title.