30 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.

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