8
CAP. 9.]
CRIMINAL CODE
(ii) commits an offence in a place outside Malta
when such person enjoys diplomatic immunity
by virtue of such service;
(g) against any person who being in Malta, shall be a
principal or an accomplice in any of the crimes
referred to in article 87(2), or in articles 139A, 198,
199, 211, 214 to 218, 220, 249 to 251, 298, or in
articles 311 to 318 or in article 320 when these are
committed in the circumstances mentioned in
paragraph (d) or (e) of this subarticle, or in a crime
which is committed by any act as is mentioned in
paragraph (e)(ii) of this subarticle, or conspires with
one or more persons for the purpose of committing any
of the said crimes, although the crimes shall have been
committed outside Malta;
(h) against any person in respect of whom an authority to
proceed, or an order for his return, following a request
by a country for his extradition from Malta, is not
issued or made by the Minister responsible for justice
on the ground that the said person is a Maltese citizen
or that the offence for which his return was requested
is subject to the death penalty in the country which
made the request, even if there is no provision
according to the laws of Malta other than the present
provision in virtue of which the criminal action may be
prosecuted in Malta against that person;
(i) against any person who commits an offence which, by
express provision of law, constitutes an offence even
when committed outside Malta:
Exception.
Provided that no criminal action shall be prosecuted against
the President of Malta in respect of acts done in the exercise of the
functions of his office.
(2) For the purposes of subarticle (1)(b) and (c), a ship or
vessel or an aircraft shall be deemed to belong to Malta if it is
registered in Malta or, if it is not registered anywhere, is owned
wholly by persons habitually resident in Malta or by bodies
corporate established under and subject to the laws of Malta and
having their principal place of business in Malta.
(3)
For the purposes of subarticle (1)(e):
"a protected person" means, in relation to an alleged offence,
any of the following:
(a) a person who at the time of the alleged offence is a Head
of State, a member of a body which performs the
functions of Head of State under the constitution of the
State, a Head of Government or a Minister for Foreign
Affairs and is outside the territory of the State in
which he holds office;
(b) a person who at the time of the alleged offence is a
representative or an official of a State or an official or
agent of an international organisation of an inter-