337A. (1) Any person who with the intent to make any gain whatsoever aids, assists, counsels or procures any other person to enter or to attempt to enter or to leave or attempt to leave or to transit across or to attempt to transit across, Malta in contravention of the laws thereof or who, in Malta or outside Malta, conspires to that effect with any other person shall, without prejudice to any other punishment under this Code or under any other law, be liable to the punishment of imprisonment from six months to five years or to a fine (multa) of twenty-three thousand and two hundred and ninetythree euro and seventy-three cents (23,293.73) or to both such fine and imprisonment and the provisions of articles 21 and 28A and those of the Probation Act shall not apply:
Provided that where the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid number more than three the punishment shall be increased by one to three degrees:
Provided also that where the offence is committed
(a) as an activity of a criminal organization; or
(b) while endangering the lives of the persons aided, assisted, counselled, procured or the object of the conspiracy as aforesaid,
the punishment shall always be increased by two degrees even when the first proviso does not apply.
(2) Without prejudice to the provisions of article 5, the courts in Malta shall also have jurisdiction over the offence in this article where
(a) the offence is committed even if only in part in the territory of Malta or on the sea in any place within the territorial jurisdiction of Malta;
(b) the offender is a Maltese national or permanent resident in Malta;
(c) the offence is committed for the benefit of a legal person established in Malta.
