CRIMINAL CODE
[CAP. 9.
59
98. Where any of the crimes referred to in article 96 be
accompanied with public violence, the punishment shall be
imprisonment for a term from two to five years.
Assault or
resistance
accompanied with
public violence.
Amended by:
XLIX. 1981.4.
99. No punishment shall be awarded for the mere act of the
assault or resistance mentioned in articles 96 and 98 against any
person who, although he shall have attempted to commence or shall
have actually commenced to act, shall, at the first warning given by
the person assaulted or to whom resistance is offered, or by any
public authority, desist from the further commission of the crime.
Exemption from
punishment in case
of desistance.
99A. (1) The following provisions shall apply to the offences
under this sub-title.
General
provisions.
Added by:
V. 2014.8.
(2) The provisions of article 21 shall not apply in respect of
any person convicted of an offence under this sub-title.
(3) Any fine (multa) to which the person convicted has been
sentenced to pay may be recovered as a civil debt and the sentence
of the Court shall constitute an executive title for all intents and
purposes of the Code of Organization and Civil Procedure.
Cap. 12.
Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF P ERJURY AND OF FALSE
S WEARING
Amended by:
IV. 1856.11.
100. In this sub-title "criminal proceedings" includes the inquiry
referred to in Sub-title II of Title II of Part I of Book Second of this
Code and any proceedings under the Malta Armed Forces Act.
Interpretation.
Added by:
XXI. 1971.13.
Substituted by:
III. 2002.21.
Cap. 220.
101. (1) Whosoever, with intent to harm any person, shall
accuse such person before a competent authority with an offence of
which he knows such person to be innocent, shall, for the mere fact
of having made the accusation, on conviction, be liable -
Calumnious
accusations.
Amended by:
IX.1859.8;
V.1956.15;
XLIX.1981.4.
(a) to imprisonment for a term from thirteen to eighteen
months, if the false accusation be in respect of a crime
liable to a punishment higher than the punishment of
imprisonment for a term of two years;
(b) to imprisonment for a term from six to nine months, if
the false accusation be in respect of a crime liable to a
punishment not higher than the punishment of
imprisonment for a term of two years, but not liable to
the punishments established for contraventions;
(c) to imprisonment for a term from three days to three
months, if the false accusation be in respect of any
other offence.
(2) Where the crime is committed with intent to extort money
or other effects, the punishment shall be increased by one degree.
Aggravating
circumstances.