6
CAP. 9.]
Title.
l.
CRIMINAL CODE
The title of this Code is Criminal Code.
PRELIMINARY PROVISIONS
Classification of
offences.
Amended by:
XI. 1900.1.
Actions arising
from an offence.
Amended by:
VI.1871.1.
2.
Offences are divided into crimes and contraventions.
3. (1)
action.
Every offence gives rise to a criminal action and a civil
(2) The criminal action is prosecuted before the courts of
criminal jurisdiction, and the punishment of the offender is thereby
demanded.
(3) The civil action is prosecuted before the courts of civil
jurisdiction, and compensation for the damage caused by the
offence is thereby demanded.
Nature of criminal
action.
Amended by:
L.N. 46 of 1965;
LVIII. 1974.68;
XXVII. 1975.2;
III. 2002.2.
4. (1) The criminal action is essentially a public action and is
vested in the State and is prosecuted in the name of the Republic of
Malta, through the Executive Police or the Attorney General, as the
case may be, according to law.
Prosecution.
(2) A criminal action is prosecuted ex officio in all cases where
the complaint of the private party is not requisite to set the action in
motion or where the law does not expressly leave the prosecution
of the action to a private party.
Persons subject to
prosecution.
Amended by:
VI.1899.1;
XI.1899.107;
I.1903.1;
XXXI.1966.2;
XXXIII.1972.2;
XI.1973.377;
XXIV.1975.2;
XXIX. 1990.2;
XVII. 1996.19;
III. 2002.3;
XIII. 2002.10;
XXIV. 2002.13;
XXIV. 2014.3.
5. (1) Saving any other special provision of this Code or of
any other law conferring jurisdiction upon the courts in Malta to try
offences, a criminal action may be prosecuted in Malta (a) against any person who commits an offence in Malta,
or on the sea in any place within the territorial
jurisdiction of Malta;
(b) against any person who commits an offence on the sea
beyond such limits on board any ship or vessel
belonging to Malta;
(c) against any person who commits an offence on board
any aircraft while it is within the air space of Malta or
on board any aircraft belonging to Malta wherever it
may be;
For the purposes of this paragraph the expression
"air space" means the air space above the land areas
and territorial waters of Malta;
(d) without prejudice to the preceding paragraphs of this
subarticle, against any citizen of Malta or permanent
resident in Malta who in any place or on board any
ship or vessel or on board any aircraft wherever it may
be shall have become guilty of the offences mentioned
in article 54A or of an offence against the safety of the
Government or of the offences mentioned in articles
133, 139A, or of the offences mentioned in articles 311
to 318 and in article 320 when these are committed or