CRIMINAL CODE
[CAP. 9.
G ENERAL P ROVISION APPLICABLE TO PUBLIC OFFICERS
141. Saving the cases where the law specifically prescribes the
punishment to which offences committed by public officers or
servants are subject, any public officer or servant who shall be
guilty of any other offence over which it was his duty to watch or
which by virtue of his office he was bound to repress, shall, on
conviction, be liable to the punishment laid down for such offence,
increased by one degree.
71
Substituted by:
III. 2002.30.
General provision.
Amended by:
IX. 1859.10.
Sub-title V
OF THE V IOLATION OF PUBLIC ARCHIVES, PUBLIC O FFICES,
PUBLIC P LACES OF CONFINEMENT, AND P UBLIC MONUMENTS
§ O F THE B REAKING OF S EALS, AND OF THE P URLOINING OF
DOCUMENTS OR DEPOSITS FROM THE P UBLIC ARCHIVES OR
OTHER P UBLIC O FFICES
142. (1) Whosoever shall be guilty of breaking any seal
affixed by order of a public authority, shall, on conviction, be liable
to imprisonment for a term from one to three months.
Breaking of seals.
(2) Where there has been negligence on the part of the person
in charge, such person shall, for the mere negligence, be liable to
the same punishment laid down in subarticle (1).
Negligence of
person in charge.
(3) In either case, the court may, in lieu of the said punishment,
award a fine (multa).
143. Every theft committed by means of the breaking of any
seal affixed by order of a public authority shall be deemed to be a
theft aggravated by "breaking".
Theft aggravated
by "breaking".
144. (1) In cases of embezzlement, destruction, mutilation or
purloining of documents, records or other papers, registers, acts or
any effects whatsoever existing in the public archives, or in any
other public offices, or delivered to any public depositary or
functionary whatsoever in virtue of his office, the offender shall, on
conviction, be liable to a fine (multa) of not less than four hundred
and sixty-five euro and eighty-seven cents (465.87) and not more than
twenty-three thousand and two hundred and ninety-three euro and
seventy-three cents (23,293.73) or to imprisonment for a term from
thirteen months to seven years or to both such fine and
imprisonment.
Embezzlement,
etc., of documents,
etc., from places of
public deposit.
Amended by:
XLIX. 1981.4;
V. 2005.37;
L.N. 407 of 2007.
(2) Where there has been negligence on the part of the
archivist, registrar, recording officer, notary, or other functionary,
such archivist, registrar, recording officer, notary or other
functionary shall, for the mere negligence, be liable, on conviction,
to imprisonment for a term from four to six months or to a fine
(multa).
Negligence of
functionaries.