CRIMINAL CODE
[CAP. 9.
45
(c) a war crime,
shall be construed in accordance with this article.
(2)
Unless otherwise provided by (a) the articles mentioned in the definition in article
54A(1) of the crimes specified in subarticle (1)(a) to
(c) of this article, or in any relevant Elements of
Crimes referred to in article 54A(3),
(b) article 54E,
a person is regarded as committing a crime referred to in subarticle
(1) only if the material elements of the crime are committed with
intent and knowledge.
(3)
For this purpose (a) a person has intent (i) in relation to conduct, where he means to engage
in the conduct, and
(ii) in relation to a consequence, where he means to
cause the consequence or is aware that it will
occur in the ordinary course of events, and
(b) ''knowledge'' means awareness that a circumstance
exists or a consequence will occur in the ordinary
course of events.
(4) In interpreting and applying the provisions of this article
(which corresponds to article 30 of the ICC Treaty) the court shall
take into account any relevant judgment or decision of the ICC and
may also take into account any other relevant international
jurisprudence.
54G. (1) Without prejudice to the provisions of article 5, a
criminal action for an offence under this Title may also be
prosecuted in Malta (a) against any person subject to military law in terms of
articles 178, 179 and 180 of the Malta Armed Forces
Act even if the offence was committed outside Malta;
or
(b) against any citizen of Malta or permanent resident in
Malta who outside Malta conspires to commit any
offence under this Title even if the offence is to be
committed outside Malta.
Jurisdiction.
Added by:
XXIV. 2002.13;
VIII. 2015.4.
Cap. 220.
(2) For the purposes of this article, the phrase "permanent
resident" shall have the same meaning assigned to it by article
5(1)(d).
54H. The provisions of any law which make provision for the
protection of victims and witnesses of certain offences shall apply
mutatis mutandis to any victim or witness of an offence under this
Title.
Protection of
victims and
witnesses.
Added by:
XXIV. 2002.13.