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CAP. 9.]
CRIMINAL CODE
of the said Member of the House of Representatives or any
accomplice.
Cases in which
punishment of
general interdiction
is applied.
Amended by:
XLIX. 1981.4;
VII. 2010.6.
119. The punishment of perpetual general interdiction or
perpetual special interdiction, or both, as the case may be, shall be
added to the punishments established in the preceding articles of
this sub-title when the maximum of such punishments exceeds two
years’ imprisonment; when the maximum of the said punishments
does not exceed two years’ imprisonment, then the punishment of
temporary general interdiction or temporary special interdiction, or
both, as the case may be, shall be added.
Punishment for
persons bribing
public officers or
servants.
Added by:
I.1903.3.
Substituted by:
IV.1974.6.
Amended by:
XLIX. 1981.4;
III. 2004.74;
IV. 2013.5.
120. (1) In the cases referred to in articles 115, 116, 117 and
118, the person who bribes the public officer or servant or the
member of the House of Representatives, or the person to whom
any of the said articles applies in accordance with any provision
under this Code or under any other law, as the case may be, shall be
deemed to be an accomplice.
(2) Where the public officer or servant or other person does not
commit the crime, the person who attempts to induce such officer
or servant or other person to commit the crime shall, on conviction,
be liable to imprisonment for a term from six months to three years:
Provided that when the crime is that referred to in article
11 7 ( c ) , t h e p u n i s h m e n t s h a l l n o t e x c e e d e i g h t e e n m o n t h s
imprisonment.
(3) Where the member of the House of Representatives does
not commit the crime, the person who attempts to induce such
member to commit the crime shall, on conviction, be liable to
imprisonment for a term from six months to four years.
Embracery and
corruption of other
persons.
Amended by:
VI. 1871.7.
Substituted by:
IV. 1974.7.
Amended by:
III. 2002.28;
XIII. 2002.10;
III. 2004.75;
VII. 2010.7.
121. (1) The provisions of this sub-title shall apply to and in
relation to any person who is entrusted with or has functions
relating to the administration of a statutory or other corporate body
having a distinct legal personality, or who is employed with such a
body, as they apply to or in relation to an officer or person referred
to in article 112 or a public officer or servant referred to in article
115.
(2) Articles 115 to 117, article 119 and article 120(1) and (2)
shall apply to and in relation to jurors as they apply to or in relation
to a public officer or servant referred to in article 115:
Provided that the term "juror" shall in any case include a
lay person acting as a member of a collegial body which has the
responsibility of deciding on the guilt of an accused person in the
framework of a trial within the judicial system of a state other than
Malta.
(3) The provisions of this sub-title in relation to an officer or
person referred to in article 112 or a public officer or servant
referred to in article 115 shall also apply to and in relation to any
employee or other person when directing or working in any
capacity for or on behalf of a natural or legal person operating in
the private sector who knowingly, in the course of his business
activities, directly or through an intermediary and in breach of his