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. (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.

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