Base de données sur la législation

Sub-title II

OF OUTRAGE AND VIOLENCE AGAINST PUBLIC OFFICERS

Violence and threats against public officers.

91. Whosoever by violence or threats compels a public officer to do or not to do any act appertaining to his office, shall, on conviction, be liable to imprisonment for a term from one to five years and to a fine (multa) of not less than four thousand euro (4,000) and not more than ten thousand euro (10,000).

Definition of "public officer".

92. The general expression "public officer", includes not only the constituted authorities, civil and military, but also all such persons as are lawfully appointed to administer any part of the executive power of the Government, or to perform any other public service imposed by law, whether it be judicial, administrative or mixed.

Reviling or threatening judge, Attorney General, magistrate or juror.

93. (1) Whosoever reviles or threatens a judge, or the Attorney General, or a magistrate or a juror, while in the exercise of his functions or because of his having exercised his functions, or with intent to intimidate or unlawfully influence him in the exercise of his functions, shall, on conviction, be liable to imprisonment for a term from one to three months and to a fine (multa).

(2) If the object of the vilification is that of damaging or diminishing the reputation of the person against whom it is directed, the punishment shall be imprisonment for a term from three months to one year.

(3) Where the threat is of a crime, the punishment shall be imprisonment for a term from seven to eighteen months, and if the threat be made by means of any writing, whether anonymous or signed in one’s own name or in a fictitious name, the punishment shall be increased by one degree, and in either case, the offender may be required to enter into a recognizance as provided in articles 383, 3 8 4 and 385, with or without surety, according to circumstances.

Bodily harm caused to judge, Attorney General, magistrate or juror.

94. (1) Whosoever shall cause a bodily harm to any of the persons mentioned in the last preceding article, while in the exercise of his functions or because of his having exercised his functions, or with intent to intimidate or unduly influence him in the exercise of his functions, shall, on conviction, be liable to imprisonment for a term from two to five years.

(2) Where the bodily harm is of such a nature that, if caused to any person other than those mentioned in the last preceding article, it would render the offender liable to a higher punishment, such higher punishment shall be awarded, with an increase of one degree.

Vilification, threats or bodily harm against other public officers.

95. (1) Whosoever, in any other case not included in the last preceding two articles, shall revile, or threaten, or cause a bodily harm to any person lawfully charged with a public duty, while in the act of discharging his duty or because of his having discharged such duty, or with intent to intimidate or unduly influence him in the discharge of such duty, shall, on conviction, be liable to the punishment established for the vilification, threat, or bodily harm, when not accompanied with the circumstances mentioned in this article, increased by one degree.

(2) No increase, however, shall be made when the punishment is that established for contraventions.

(3) Nor shall an increase be made when the punishment is that of imprisonment for a term not exceeding three months: in such case, however, the court may, in addition, award a fine (multa).

Assault or resistance.

96. Whosoever shall assault or resist by violence or active force not amounting to public violence, any person lawfully charged with a public duty when in the execution of the law or of a lawful order issued by a competent authority, shall, on conviction, be liable -
(a) where the assault or resistance is committed by one or two persons, to imprisonment for a term from six months to two years and to a fine (multa) of not less than four thousand euro (4,000) and not more than ten thousand euro (10,000);
(b) where the assault or resistance is committed by three or more persons, to imprisonment for a term from nine months to three years and to a fine (multa) of not less
than five thousand euro (5,000) and not more than fifteen thousand euro (15,000).
Aggravating circumstance.

97. If any of the offenders mentioned in the last preceding article shall use any arm proper in the act of the assault or resistance, or shall have previously provided himself with any such arm with the design of aiding such assault or resistance, and shall,
on apprehension, be found in possession of any such arm, he shall be liable to imprisonment for a term from one year to four years and to a fine (multa) of not less than eight thousand euro (8,000) and not more than twenty thousand euro (20,000).

Assault or resistance accompanied with public violence.

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.

Exemption from punishment in case of desistance.

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.

Sub-title III

OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

Interpretation.

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.

Calumnious accusations.

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 -

(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.

Aggravating circumstances.

(2) Where the crime is committed with intent to extort money or other effects, the punishment shall be increased by one degree.

Subornation or attempted subornation of witness, referee or interpreter.

102. Whosoever, in any civil or criminal proceedings, suborns a witness, a referee, or an interpreter, to give false evidence or to make a false report or a false interpretation, shall, on conviction, be liable -

(a) where the false evidence, report or interpretation has been given or made, to the punishment to which a person giving false evidence would be liable;

(b) where there has only been an attempt of subornation of a witness, a referee, or an interpreter, to the same punishment decreased by one or two degrees;

(c) where the subornation has been committed by the use of force, threats, intimidation or by promising, offering or giving of an undue advantage to induce false testimony, to the punishment mentioned in paragraph (a) increased by one or two degrees.

Preparation or production of false documents.

103. Whosoever, in any civil or criminal proceedings, shall cause a false document to be prepared or shall knowingly produce a false document, shall be liable to the same punishment as the forger thereof.

Perjury in certain criminal trials.

104. (1) Whosoever shall give false evidence in any criminal proceedings for a crime liable to a punishment higher than the punishment of imprisonment for a term of two years, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from two to five years.

(2) Where, however, the person accused shall have been sentenced to a punishment higher than that of imprisonment for a term of five years, the witness who shall have given false evidence against such person in the trial, or of whose evidence use shall have been made against such person in the trial, shall be liable to such higher punishment.

Perjury in other criminal trials.

105. Whosoever shall give false evidence in any criminal proceedings for an offence not referred to in the last preceding article, either against or in favour of the person charged or accused, shall, on conviction, be liable to imprisonment for a term from nine months to two years.

Perjury in civil proceedings.

106. (1) Whosoever shall give false evidence in civil matters, shall, on conviction, be liable to imprisonment for a term from seven months to two years.

(2) The provisions of subarticle (1) shall apply to any person who, being a party to a civil action, shall make a false oath.

(3) Whosoever shall make a false affidavit, whether in Malta or outside Malta, knowing that such affidavit is required or intended for any civil proceedings in Malta, shall, on conviction, be liable to the punishment mentioned in subarticle (1).

Perjury by referee or interpreter.

107. (1) Any referee who, in any civil or criminal proceedings, shall knowingly certify false facts, or maliciously give a false opinion, shall, on conviction, be liable to the punishment to which a false witness is liable under the preceding articles of this sub-title.

(2) The same punishment shall apply to any person who, when acting as interpreter in any judicial proceedings and upon oath, shall knowingly make a false interpretation.

False swearing.

108. (1) Whosoever, in any other case not referred to in the preceding articles of this sub-title, shall make a false oath before a judge, magistrate or any other officer authorized by law to administer oaths, shall, on conviction, be liable -

(a) to imprisonment for a term from four months to one year, if the oath be required by law, or ordered by a judgment or decree of any court in Malta;

(b) to imprisonment for a term not exceeding three months, if the oath be not so required or ordered.

(2) The provisions of this article shall not apply to promissory oaths.

Interdiction in sentences for calumnious accusations, perjury and false swearing.

109. (1) The court shall, in passing sentence against the offender for any crime referred to in this sub-title, expressly award the punishment of general interdiction, as well as interdiction from acting as witness, except in a court of law, or from acting as referee in any case whatsoever.

(2) Such interdiction shall be for a term from five to ten years in the cases referred to in the last preceding article, and for a term from ten to twenty years in any other case referred to in the other preceding articles of this sub-title.

Fabrication of false evidence.

110. (1) Whosoever shall fraudulently cause any fact or circumstance to exist, or to appear to exist, in order that such fact or circumstance may afterwards be proved in evidence against another person, with intent to procure such other person to be unjustly charged with, or convicted of, any offence, shall, on conviction, be liable to the punishment established for a false witness, in terms of the preceding articles of this sub-title.

(2) Whosoever shall lay before the Executive Police an information regarding an offence knowing that such offence has not been committed, or shall falsely devise the traces of an offence in such a manner that criminal proceedings may be instituted for the ascertainment of such offence, shall, on conviction, be liable to imprisonment for a term not exceeding one year.

Hindering person from giving necessary information or evidence.

111. (1) Whosoever shall hinder any person from giving the necessary information or evidence in any civil or criminal proceedings, or to or before any competent authority, shall, on conviction, be liable to imprisonment for a term from four months to one year or to a fine (multa).

(2) Whosoever, in any case not otherwise provided for in this Code, shall knowingly suppress, or in any other manner destroy or alter the traces of, or any circumstantial evidence relating to an offence, shall, on conviction, be liable -

(a) if the offence is a crime liable to a punishment not less than that of imprisonment for a term of one year, to the punishment laid down in subarticle (1);

(b) in the case of any other offence, to imprisonment for a term not exceeding three months or to detention or to a fine (ammenda) of not less than two euro and thirty- three cents (2.33).