BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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.

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

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title III
OF CALUMNIOUS ACCUSATIONS, OF PERJURY AND OF FALSE SWEARING

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).

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title IV
OF ABUSE OF PUBLIC AUTHORITY
§ OF UNLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY

115. (1) Any public officer or servant who, in connection with his office or employment, requests, receives or accepts for himself or for any other person, any reward or promise or offer of any reward in money or other valuable consideration or of any other advantage to which he is not entitled, shall, on conviction, be liable to punishment as follows:
(a) where the object of the reward, promise or offer, be to induce the officer or servant to do what he is in duty bound to do, the punishment shall be imprisonment for a term from six months to three years;
(b) where the object be to induce the officer or servant to forbear from doing what he is in duty bound to do, the punishment shall, for the mere acceptance of the reward, promise or offer, be imprisonment for a term from nine months to five years;
(c) where, besides accepting the reward, promise, or offer, the officer or servant actually fails to do what he is in duty bound to do, the punishment shall be imprisonment for a term from one year to eight years.

(2) Notwithstanding any other provision of this Code or of any other law, when the offence against the provisions of this article is committed by a person who, at the time when the offence was committed, held the office of Minister, Parliamentary Secretary, Member of the House of Representatives, Mayor or Local Councillor and the offence involved the abuse of such office, the provisions of Title VI of Part III of Book Second of this Code shall not apply to the said person or to any accomplice.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title IV
OF ABUSE OF PUBLIC AUTHORITY
§ OF UNLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY

120. (1) In the cases referred to in articles 115, 116, 117 and 118, the person who bribes the public officer or servant or the member of the House of Representatives, or the person to whom any of the said articles applies in accordance with any provision under this Code or under any other law, as the case may be, shall be deemed to be an accomplice.

(2) Where the public officer or servant or other person does not commit the crime, the person who attempts to induce such officer or servant or other person to commit the crime shall, on conviction, be liable to imprisonment for a term from six months to three years

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title III Of Crimes against the Administration of Justice and other Public Administrations

Sub-title IV
OF ABUSE OF PUBLIC AUTHORITY
§ OF UNLAWFUL EXACTION, OF EXTORTION AND OF BRIBERY

121A. (1) Any person who promises, gives or offers, directly or indirectly, any undue advantage to any other person who asserts or confirms that he or she is able to exert an improper influence over the decision-making of any person referred to in the preceding articles of this sub-title and of any other person, in order to induce such other person to exercise such influence, whether such undue advantage is for such other person or anyone else, shall on conviction be liable to the punishment of imprisonment for a term from three years to six years.

(2) Any person who requests, receives or accepts any offer or promise of any undue advantage for himself or for anyone else with the object of exercising any improper influence as is referred to in subarticle (1) shall on conviction be liable to the punishment laid down in that subarticle.

(3) The offences referred to in subarticles (1) and (2) shall be complete whether or not the alleged ability to exert an improper influence existed, whether or not the influence is exerted and whether or not the supposed influence leads to the intended result.

PART 3
OFFENCES IN RELATION TO THE ICC
7. (1) It shall be an offence for any person to intentionally commit any of the acts mentioned in Article 70.1 of the ICC Treaty (offences against the administration of justice in relation to the ICC), hereinafter in this Part referred to as “the relevant article”.
(2) In interpreting and applying the provisions of the relevant article the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.
(3) Without prejudice to the provisions of article 5 of the Criminal Code, a criminal action may also be prosecuted in Malta against any citizen of Malta or permanent resident in Malta who shall have become guilty of an offence mentioned in subarticle (1) although the offence may have been committed outside Malta.
(4) Proceedings for an offence under this article shall not be instituted except by or with the consent of the Attorney General.
(5) The relevant provisions of the relevant article are set out in the Second Schedule.
(6) A person who is found guilty of an offence under subarticle (1) shall be liable to punishment as follows -
(a) where the offence consists of the act mentioned in paragraph (a) of the relevant article, to the punishment laid down in articles 104, 105, 107 of the Criminal Code for the corresponding circumstances of the case;
(b) where the offence consists of the act mentioned in paragraph (b) of the relevant article, to the punishment laid down in article 103 of the Criminal Code;
(c) where the offence consists of any of the acts
mentioned in paragraph © of the relevant article, to the punishment laid down in articles 102, 110, or 111 of the Criminal Code for the corresponding circumstances of the case;
(d) where the offence consists of any of the acts mentioned in paragraph (d) of the relevant article -
(i) to the punishment of imprisonment from two to five years if the official of the Court properly performs his or her duties; or
(ii) to the said punishment increased by two or three degrees where the official of the Court fails to perform, or improperly performs, his or her duties; or
(iii) to any punishment higher than imprisonment for a term of five years to which a person accused of an ICC crime may have been sentenced where the official of the Court fails to perform, or improperly performs, his or her duties in or in connection with the trial of that person;
(e) where the offence consists of the act mentioned in paragraph (e) of the relevant article, to the punishment laid down in article 95(1) of the Criminal Code as the circumstances of the case may be;
(f) where the offence consists of any of the acts mentioned in paragraph (f) of the relevant article, the offender may be dealt with as for the corresponding
offence under articles 115 and 121(4)(d) of the Criminal Code and shall be liable to punishment accordingly.

8.(1) References in this Part to a person committing any of the acts mentioned in the relevant article, shall be construed in accordance with this article.
(2) Unless otherwise provided by article 7 or by the relevant article, a person is regarded as committing an act referred to in subarticle (1) only if the material elements are committed with intent and knowledge.
(3) For this purpose -
(a) a person has intent -
(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events, and
(b) “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.
(4) In interpreting and applying the provisions of this article (which corresponds to article 30 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence

SECOND SCHEDULE
(Article 16)
Articles of the ICC Treaty referred to in the Act
Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally -
(a) Giving false testimony when under an obligation pursuant to Article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties. .......... omissis ............
4. (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
.......... omissis .........
NOTE -
Article 69.1, referred to in Article 70.1(a), provides as follows -
“1 Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.”.