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-

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